Welcome to http://afflurent.com/ (hereinafter referred to as the “Website”, “Site”, “We”, “Us”, “Our”), owned and operated by ArtVor Ltd. , a Company having an address 10 Freshfields, Knutsford, Cheshire, WA16 0NR, United Kingdom . The website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms").
BY CLICKING ON THE "ACCEPT" BUTTON AT THE END OF THE AGREEMENT ACCEPTANCE FORM, USERS (HEREINAFTER REFERRED TO AS “YOU” OR “YOUR”) AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY BEFORE ACCEPTING ITS TERMS. YOUR USAGE OF THIS WEBSITE SIGNIFIES YOUR ASSENT TO THE FOLLOWING BINDING AGREEMENT.
Our website offers its Users technology based services for booking sports and/or luxury cars on rent which are provided to Users by third party service providers i.e. sports and luxury car companies (hereinafter referred to as “service providers”) via our website (collectively, the “Services”). Our website is only a platform for booking sports and luxury cars on rent and thus we do not own any of the sports or luxury cars which the Users book on rent via our website. You understand and agree that we are not a party to any agreement entered into between Users and Service Providers. We have no control over the conduct of Service Providers and their services, and disclaim all liability in this regard.
By using the Site, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service ("Terms"). These Terms govern your access to and use of the Site and Services and all Collective Content, and constitute a binding legal agreement between you and us.
IN USING THIS WEBSITE YOU ARE DEEMED TO HAVE READ AND AGREED TO THE FOLLOWING TERMS AND CONDITIONS SET FORTH HEREIN. ANY INCIDENTAL DOCUMENTS AND LINKS MENTIONED SHALL BE CONSIDERED TO BE ACCEPTED JOINTLY WITH THESE TERMS. YOU AGREE TO USE THE WEBSITE ONLY IN STRICT INTERPRETATION AND ACCEPTANCE OF THESE TERMS AND ANY ACTIONS OR COMMITMENTS MADE WITHOUT REGARD TO THESE TERMS SHALL BE AT YOUR OWN RISK. THESE TERMS AND CONDITIONS FORM PART OF THE AGREEMENT BETWEEN THE USERS AND US. BY ACCESSING THIS WEBSITE, AND/OR UNDERTAKING TO PERFORM A SERVICE BY US INDICATES YOUR UNDERSTANDING, AGREEMENT TO AND ACCEPTANCE, OF THE DISCLAIMER NOTICE AND THE FULL TERMS AND CONDITIONS CONTAINED HEREIN.
1.2 “http://afflurent.com/”means the booking platform for booking sports and luxury cars on rent.
1.3 "Users/You" shall mean the person who uses and/or avails the services offered by the website.
1.4 "Service Provider" shall mean the Company which owns and is offering their sports and luxury cars on rent to Users via our website.
1.5 “Account” shall mean the accounts created by the Users on our website by providing us their name, address, contact number etc. in order to use the Services provided by us.
1.6 “Content” shall mean text, graphics, images, music, audio, video, information or other materials.
1.7 “http://afflurent.com/ Content” shall mean all Content that our website makes available through the site or Services, including any Content licensed from a third party, but excluding user Content.
1.8 “SNS” shall mean Social Networking Site such as Facebook etc.
1.9 “Third parties” shall mean any outside parties which are not a part of our website.
2.1 Our website is available only to, and may only be used by individuals who can form legally binding contracts under applicable law and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations.
2.2 Without limiting the foregoing, the website is not available to children (persons under the age of 18) or Users who have had their User account temporarily or permanently deactivated. By becoming a User, you represent and warrant that you are at least 18 years old and that you have the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement. Individuals who are minors i.e. under the age of 18 must at all times use our Services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In such cases, the adult is the user and is responsible for any and all activities.
2.3 Unauthorized Users are strictly prohibited from accessing or attempting to access, directly or indirectly, the app. Any such unauthorized use is strictly forbidden and shall constitute a violation of applicable state and local laws.
2.4 Our website reserves the right to terminate your membership and refuse to provide you with access to the Site if we discover that you are under the age of 18 years. The Site is not available to persons whose membership has been suspended or terminated by us for any reason whatsoever.
3.1 Our website offers to its Users a booking platform on which the Users shall book any sports or luxury car on rent for a certain number of hours and/or days.
3.2 In order to avail our services you shall go on to http://afflurent.com/ and enter the city in which you require to book a sports or a luxury car on rent. After entering your city click on the search icon. As soon as you click on the search icon, you shall be provided with the list of various sports and luxury cars made available to you by the service providers in your city via our website.
3.3 You may choose a car from the list made available to you on the website. Once you decide which car you wish to rent then you may click on the icon titled view profile on the right corner of the listings. As you click on view profile, a new tab shall open which will have all the details of the car along with the pricing. A booking form shall be made available to you on the same tab which you may be required to fill in order to proceed further. In the booking form you shall have to mention the start location, start date and time and then click on proceed after which you shall have to mention end date and time, full name, email address, phone number etc. in the booking form and then click on book. Your booking shall be made once you click on book on the booking form.
3.4 The pricing of renting a sports or a luxury car has been mentioned on the service provider’s listing and it varies from one service provider to another service provider. A daily price for booking a sports or luxury car may vary from US$ 250 to US$ 19,000. The average daily price of the car is US$ 1200.
3.5 We may help the Users by comparing rental car prices in advance of the booking itself in order to help them book sports and/or luxury cars at the best possible price. It shall be at the discretion of the User to either collect the rented car from the service provider or get it delivered to him for which the service provider shall charge a certain amount. The time of picking up the car or delivering the car shall be intimated to the Users by the service providers.
3.6 For the avoidance of doubt, it is clarified that the website itself does not provide car rental services. It is the Service Providers who shall render car rental service to you.
3.7 The provision of the car rental services by the Service Provider to you is therefore subject to the agreement (to be) entered into between you and the Service Provider and the website shall never be a party to such agreement. Even after acceptance of booking, the Service Provider may not deliver the car rented by you or decide not to render his services in which event the website shall not be held liable to you.
3.8 It is up to the service providers to offer car rental services which may be scheduled/ booked via our website or services. We offer information and a method to obtain such service provider’s services, but do not and do not intend to provide car rental services. We have no responsibility or liability for any car rental services provided to you by such service providers.
4. ACCOUNT REGISTRATION:
4.1 Registering on our website is free for the Users. It is not mandatory for the Users to create an account on our website in order to use our services. However, it is at the sole discretion of the Users whether to create an account or not. Users shall be allowed to use our services even if they don’t have an account with us.
4.2 In order to create an account and register with us you shall either create an account with us by filling the registration form with your personal information such as name, email address, phone number etc. or you may register with us by using your valid account on the social networking service (“SNS”) such as Facebook accounts (each such account, a “Third-Party Account”). If you access the Services through a SNS, you may link your Account with Third-Party Accounts, by allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by such third-party service providers. You have the ability to disable the connection between your Account and your Third-Party Accounts at any time by accessing the “Settings” section of the website. Please note that your relationship with the third-party service providers associated with your third-party accounts is governed solely by your agreement(s) with such third-party service providers, and we disclaim any liability for personally identifiable information that may be provided to it by such third-party service providers in violation of the privacy settings that you have set in such third-party accounts. A. Accounts: a) You represent and warrant that all required registration information you submit is truthful and accurate, and you will maintain the accuracy of such information. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Source-wave website cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You must not share your password or other access credentials with any other person or entity that is not authorized to access your account. Without limiting the foregoing, you are solely responsible for any activities or actions that occur under your website account access credentials. We encourage you to use a “strong” password (a password that includes a combination of upper and lower case letters, numbers, and symbols) with your account. We cannot and will not be liable for any loss or damage arising from your failure to comply with any of the above.
4.3 You agree to provide and maintain accurate, current and complete information about your Account. Without limiting the foregoing, in the event you change any of your personal information as mentioned above in this Agreement, you will update your Account information promptly.
4.4 When creating an Account, don’t: a) Provide any false personal information to us (including without limitation a false username) or create any Account for anyone other than yourself without such other person’s permission; b) Use a username that is the name of another person with the intent to impersonate that person; c) Use a username that is subject to rights of another person without appropriate authorization; or d) Use a username that is offensive, vulgar or obscene or otherwise in bad taste.
4.5 We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading or to reclaim any username that you create through the Service that violates our Terms. If you have reason to believe that your Account is no longer secure, then you must immediately notify us at email@example.com.
4.6 You may not transfer or sell your http://afflurent.com/ account and User ID to another party.
4.7 Our Services are not available to temporarily or indefinitely suspended members. Our website reserves the right, in its sole discretion, to cancel unconfirmed or inactive accounts. Our website reserves the right to refuse service to anyone, for any reason, at any time.
4.8 One individual can own only one account in his/her name.
4.9 You agree to comply with all local laws regarding online conduct and acceptable content. You must abide by our website’s policies as stated in the Agreement and the other website policy documents listed on the Website as well as all other operating rules, policies and procedures that may be published from time to time on the Website.
4.10 You shall also abide by the service provider’s terms and conditions mentioned on their sports or luxury car rental listings.
5. USER’S LIABILITY IN CASE OF THEFT OR DAMAGE TO THE RENTED CAR:
5.1 The User shall be liable for any loss or damages to the service provider’s rented car when the user uses the rented car under the influence of drink or drugs, or uses the car in a prohibited or negligent way – such as driving off main roads or hiring to other parties.
5.2 The User shall be liable for any loss or damages to the service provider in case of any intentional or unintentional accident.
5.3 In the event of theft or damage caused due to theft or attempted theft of the car, the User shall be held liable for damages and compensation to the service provider. Negligence connected with the theft of/damage to the car may lead to the service provider requiring the full amount for the cost of the car.
5.4 The service provider shall mention the insurance information on its listings. Thus, the quantum of liability of the Users in all the above mentioned situations (clauses 5.1 to 5.3) may vary from service provider to service provider.
6. OUR WEBSITE AS A PLATFORM:
6.1 All commercial / contractual terms are offered by and agreed to between Users and Service Providers alone. The commercial / contractual terms include without limitation price, cancellation and refund policies, insurance information etc. We do not have any control or determine or advise or in any way involve ourself in the offering or acceptance of such commercial / contractual terms between Users and Service Providers.
6.2 We are not responsible for any non-performance or breach of any contract entered into between Users and Service providers. Our website cannot and does not guarantee that the concerned service providers will perform any transaction concluded on the Website.
6.3 We do not make any representation or warranty as to the attributes/condition of the sports or luxury cars proposed to be rented or offered to be rented on the Website. In particular, our website does not implicitly or explicitly support or endorse any of the sports or luxury cars available for rent on the Website. Our website accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
6.4 Our website does not make any representation or warranty as to the attributes (such as legal title, creditworthiness, identity, etc.) of any of the service providers. You are advised to independently verify the bona fides of any particular service provider that you choose to deal with on the Website and use your best judgment in that behalf.
6.5 We are only providing a platform for booking of service provider’s sports or luxury cars on rent and for communication between the Users and service providers and it is agreed that the contract for renting the sports or luxury car shall be a strictly bipartite contract between the User and the service provider. At no time shall we have any obligations or liabilities in respect of such contract.
6.6 You release and indemnify us and/or any of our shareholders, directors, officers, employees and representatives from any cost, damage, liability or other consequence of any of the actions of the service providers and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, our website cannot control the information provided by other Users which is made available on the Website. You may find other User's information to be offensive, harmful, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website. Please note that there may be risks in dealing with foreign nationals, underage persons or people acting under false pretense.
6.7 You acknowledge and undertake that you are accessing the services on the Website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the Website. We shall neither be liable nor responsible for any actions or inactions of service providers nor any breach of conditions, representations or warranties by the service providers and hereby expressly disclaim any and all responsibility and liability in that regard.
7. USE OF THE WEBSITE:
7.2 You shall not create liability for us or cause us to lose (in whole or in part) the services of our internet service provider ("ISPs") or other suppliers;
7.3 You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve our right to bar any such activity.
7.4 You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate means.
7.5 You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.
7.6 You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us, or otherwise engage in any conduct or action that might tarnish the image or reputation, of our website or service providers on platform or otherwise tarnish or dilute any of our trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or our systems or networks, or any systems or networks connected to us.
7.7 You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website.
7.8 You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Website or any service offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
7.10 You shall at all times ensure full compliance with the applicable provisions, laws, rules and regulations regarding your use of our service.
7.12 We shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
8. USERS PROTECTION ON OUR WEBSITE:
8.1 It is clarified that our website seeks to screen the service providers before bringing them on board. It is only on a best endeavor basis and does not assure or provide any personal warranties or assumes and liability or responsibility pertaining to the genuinity and authenticity of the service provider, for which the service provider shall be solely responsible and liable.
8.2 Our website reserves its right to initiate civil and/or criminal proceedings against a user who, files an invalid and/or false claim or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, we may at our sole discretion suspend, block, restrict, cancel the user id of such user and/or disqualify that user from availing protection through this program. Any person who knowingly and with an intention to injure, defraud or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information shall be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.
9.1 The Users shall make payments to us via their debit or credit cards or via paypal which may be held in our account till the time users don’t get the possession of the rented cars. Once the rented car has reached the User then our website shall release the payments to the service provider after deducting commission.
9.2 Our website uses third party payment providers to receive payments from Users on service provider’s behalf. We are not responsible for delays or erroneous transaction execution or cancellation of bookings due to payment issues.
9.3 We take utmost care to work with third party payment providers, but does not control their systems, processes, technology and work flows, hence cannot be held responsible for any fault at the end of payment providers.
9.4 Our website reserves the right to refuse to process transactions by Users with a prior history of questionable charges including without limitation, breach of any agreements by User with us or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
9.5 The Users and service providers acknowledge that we will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond our control.
9.6 Some banks and credit cards impose fees for international transactions. If you are making a booking from outside of the United States on a US credit card, your bank may convert the payment amount to your local currency and charge you a conversion fee. This means the amount listed on your credit or bank card statement may be in your local currency and therefore a different figure than the figure shown on the billing summary page for a reservation booked on the Website. In addition, a foreign transaction fee may be assessed if the bank that issued your credit card is located outside of the United States. The currency exchange rate and foreign transaction fee is determined solely by your bank on the day that they process the transaction. If you have any questions about these fees or the exchange rate applied to your booking, please contact your bank.
10. CANCELLATION AND REFUND POLICY:
10.1 Any cancellations or no-shows will be governed by the applicable Service Provider’s Rules.
10.2 The refund policy shall vary from service provider to service provider which has been mentioned on the listings of the service providers on our website.
10.3 Our website also reserves the right to charge you cancellation fees and/or no-show fees.
11. FRAUDULENT/DECLINED TRANSACTIONS:
11.1 Our website reserves the right to recover the loss, damages, collection charges and lawyers' fees from persons using the Site fraudulently. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful act or acts or omissions in breach of these terms and conditions.
11.2 We shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
12. YOU AGREE AND CONFIRM:
12.1 That you will use the services provided by our website, its affiliates and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using the Site and transacting on the Site.
12.2 You will provide authentic and true information in all instances where such information is requested of you. We reserve the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), we have the right in our sole discretion to reject the registration and debar you from using the Services of our website and / or other affiliated websites without prior intimation whatsoever.
12.4 That the address at which the rented sports or luxury car has to be delivered will be correct and proper in all respects.
13. MODIFICATION OF TERMS & CONDITIONS OF SERVICES:
We may at any time modify the Terms & Conditions of Use of the site without any prior notification to you. You can access the latest version of the User Agreement at any given time on our website. You should regularly review the Terms & Conditions on our website. In the event the modified Terms & Conditions is not acceptable to you, you should discontinue using the service. However, if you continue to use the service you shall be deemed to have agreed to accept and abide by the modified Terms & Conditions of Use of this site.
14. REVIEWS, FEEDBACK, SUBMISSIONS:
14.1 All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to us on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") shall be and remain our property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, we exclusively own all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. We will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way.
14.2 We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the Site will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam".
14.3 Our website does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site. You grant us the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify us and our affiliates for all claims resulting from any Comments you submit. We and our affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
15. INTELLECTUAL PROPERTY OF COMPANY:
15.1 Our website, its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of http://afflurent.com/’s or any third party's intellectual property rights. All rights, including copyright, in this website are owned by or licensed to us or third party suppliers. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of our website. You cannot modify, distribute or re-post anything on this website for any purpose.
15.2 The http://afflurent.com/ names and logos and all related service and our slogans are the trademarks or service marks of http://afflurent.com/. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.
15.3 All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of our website or its suppliers and protected by copyright laws of United States. Any reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Site is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks and/or other intellectual property owned, controlled or licensed by our website, one of its affiliates or by third parties who have licensed their materials to us and are protected by copyright laws of United States. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Site is the exclusive property of our website and is also protected by Copyright laws of United States.
15.4 We respect the intellectual property rights of others and expect users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are promptly and properly provided to us. If you have a reason to believe that Your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) Your contact information, including your address, telephone number and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and that You are authorized to act on behalf of the copyright owner.
15.5 We have the right to remove the Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, we will also terminate a user’s account if we determine that the user is a repeat infringer.
15.6 Our designated copyright agent for notice of alleged copyright infringement appearing on the Services is: firstname.lastname@example.org of the copyright agent of the company to whom copyright infringement complaints can be filed).
You agree to defend, indemnify and hold harmless our Company/website, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to our website or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.
This User Agreement is effective unless and until terminated by either you or us. You may terminate this User Agreement at any time, provided that you discontinue any further use of this Site. We may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, such termination will be without any liability to us. Upon any termination of the User Agreement by either you or us, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the User Agreement or otherwise. Our rights to any Comments shall survive any termination of this User Agreement.
18. LIMITATION OF LIABILITY AND DISCLAIMERS:
18.1 The Site is provided without any warranties or guarantees and in an "As Is" condition. You must bear the risks associated with the use of the Site.
18.2 The Site provides content from other Internet sites or resources and while our website tries to ensure that material included on the Site is correct, reputable and of high quality, it shall not accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Site. This disclaimer constitutes an essential part of this User Agreement. In addition, to the extent permitted by applicable law, we are not liable, and you agree not to hold Company responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from: • Your use of or your inability to use our Website, Services and tools; • Delays or disruptions in our Website, Services, or tools; • Viruses or other malicious software obtained by accessing our Website, Services, or tools or any site, Services, or tool linked to our Website, Services, or tools; • Glitches, bugs, errors, or inaccuracies of any kind in our Website, Services, and tools or in the information and graphics obtained from them; • The content, actions, or inactions of third parties, including items listed using our Website, services, or tools or the destruction of allegedly fake items; • A suspension or other action taken with respect to your account;
18.3 To the fullest extent permitted under applicable law, our website or its suppliers shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Site, its services or this User Agreement.
18.4 Without prejudice to the generality of the section above, the total liability of our website to you for all liabilities arising out of this User Agreement be it in tort or contract is limited to the value of the services booked by you. Our website, its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, correctness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Site or that the operation of the Site will be error free and/or uninterrupted. Consequently, our website assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site; and/or any interruption or errors in the operation of the Site.
19. GOVERNING LAWS AND JURISDICTION
19.1 These Terms and any action related thereto will be governed by the laws of United States without regard to or application of its conflict of law provisions or user’s state or country of residence.
19.2 Users agree to submit to the exclusive jurisdiction of the courts in United States in relation to proceedings arising out of this agreement.
20. DISPUTE RESOLUTION:
In the interest of resolving disputes between you and us in the most expedient and cost effective manner, you and we agree that any and all disputes arising in connection with the Terms shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of the Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of the Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THE TERMS, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
All Personal Information and User Generated Content provided to or displayed on the Site and Services are subject to our Privacy Statement.
22.1 By using the Site and Services, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Site and Services.
22.2 You acknowledge that all contracts, notices, information and other communication we may provide electronically comply with any legal requirements that such documents are in writing.
22.3 Notice will be deemed received and properly served immediately when posted on the Site and Services, 24 hours after an email is sent. As proof of service, it is sufficient that: (a) the email was sent to the specified email address.
23. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
24. LINKS TO OTHER WEBSITES:
Links to third party Websites on this site are provided solely as a convenience to you. If you use these links, a new browser will be lodged to access linked Websites. We have not reviewed these third party Websites and does not control and is not responsible for any of these Websites or their content. We do not endorse or make any representations about them, or any information, or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party Websites linked to this site, you do this entirely at your own risks.
25. NO WAIVER IMPLIED:
The failure of us to enforce at any time any of the provisions of these of Agreement, or the failure to require at any time performance by you of any of the provisions of these provisions, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the our right to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of these provisions shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Each Term shall be deemed to be severable. If any Term or portion thereof is found to be invalid or unenforceable, such invalidity or unenforceability shall in no way effect the validity or enforceability of any other Term.
27.1 You will not assign any rights or delegate any obligations under these Terms, in whole or in part, by operation of law or otherwise, without obtaining our prior written consent, which may be withheld in our sole discretion.
27.2 We may assign our rights and delegate any of our obligations under these Terms, in whole or in part, without your consent. Any assignment or delegation in violation of the foregoing will be null and void. These Terms will be binding and inure to the benefit of each party’s permitted successors and assigns.
28. FORCE MAJEURE:
We shall be under no liability to you in respect of anything that, if not for this provision, would or might constitute a breach of these Terms, where this arises out of circumstances beyond our control, including but not limited to: (a) acts of god; (b) natural disasters; (c) sabotage; (d) accident; (e) riot; (f) shortage of supplies, equipment, and materials; (g) strikes and lockouts; (h) civil unrest; (i) Computer hacking; or (j) malicious damage.
29. DIGITAL SIGNATURE:
29.1 By using our services, you are deemed to have executed this Agreement electronically, effective on the date you register your Account and start using our services. Your Account registration constitutes an acknowledgement that you are able to electronically receive, download, and print this Agreement.
29.2 In connection with this Agreement, you may be entitled to receive certain records, such as contracts, notices, and communications, in writing. To facilitate your use of the website, you give us permission to provide these records to you electronically instead of in paper form.
29.3 By registering for an Account, you consent to electronically receive and access, via email, all records and notices for the services provided to you under this Agreement that we would otherwise be required to provide to you in paper form. However, we reserve the right, in our sole discretion, to communicate with you via the Postal Service and other third-party mail services using the address under which your account is registered. Your consent to receive records and notices electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further records and notices electronically at any time by contacting Customer Support. If you withdraw your consent to receive such records and notices electronically, we will terminate your access to the Services, and you will no longer be able to use the Services. Any withdrawal of your consent to receive records and notices electronically will be effective only after we have a reasonable period of time to process your request for withdrawal. Please note that your withdrawal of consent to receive records and notices electronically will not apply to records and notices electronically provided by us to you before the withdrawal of your consent becomes effective.
29.4 In order to ensure that we are able to provide records and notices to you electronically, you must notify us of any change in your email address by updating your Account information on the website or by contacting Customer Support.
30. ENTIRE AGREEMENT:
These Terms collectively represent the entire agreement and understanding between you and us and supersede any other agreement or understanding (written, oral or implied) that you and we may have had. Any statement, inducement, promise, covenant or condition not expressly found either in these Terms shall be deemed as void.
31. CONTACT US:
For any further clarification of our Terms and Conditions, please write to us at email@example.com.