Terms of Use (Website)

interpretation

These Terms of Use supersede all other written and oral communications or agreements with regard to the subject matters discussed in these Terms of Use. A waiver or modification of these Terms of Use will only be effective if made in writing signed by an authorised officer of Company. All refunds will be made onto the original mode of payment.

8. Permitted Use

You may view and retain copies of Site content solely for personal, non-commercial use.

You may not copy, modify, distribute, publish, or exploit Site content without prior written consent from the Company.

Deep-linking or commercial use of the Site is prohibited without authorization.

You agree that you are only authorised to visit, view and to retain a copy of pages of this Site for your own personal use, that you shall not duplicate, download, publish, modify or otherwise distribute the material on this Site for any purpose other than for personal use, unless otherwise specifically authorised by Company to do so. You also agree not to deep-link to the Site for any purpose, unless specifically authorised by Company to do so. The content and software on this Site are the property of Company. The cardholder must retain a copy of transaction records and Merchant policies and rules.

9. User Accounts

You are responsible for maintaining the confidentiality of your account credentials and all activities conducted under your account.

The Company shall not be liable for losses resulting from unauthorized account access due to your failure to safeguard credentials.

If you use Company Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your account from any devices, and you agree to accept responsibility for all activities that occur under your account or password. The Site shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.

10. No Commercial Use

The Site may not be used by you as user for commercial purposes without prior written approval and without prior written consent of the Company. Unauthorized commercial activity by user of the Site may result in termination and legal action.

This Site may not be used by you for any commercial purposes such as to conduct sales of merchandise or services of any kind. You must obtain Company’s prior written consent to make commercial offers of any kind on the Site, whether by advertising, solicitations, links, or any other form of communication. Company will investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending communication from the Site and barring such violators from use of the Site.

12. Copyright policy and Intellectual Property

All Site content, including text, software, graphics, and materials (“Online Materials”), is the intellectual property of the Company and protected by applicable laws.

You may not reproduce, distribute, or create derivative works from the Online Materials without express written consent.

Company may terminate the privileges of any user who uses this Site to unlawfully transmit copyrighted material without a license, express consent, valid defence or fair use exemption to do so. If you submit information to this Site, you warrant that the information does not infringe the copyrights or other rights of third parties.

intellectual property

Although Company is not responsible for the content, quality or accuracy of data provided by users, compilations of such data, text, information and other materials made available to users through Company’s system. The On-line Materials are Company’s intellectual property and are protected by intellectual property laws. The On-line Materials may not be copied or redistributed either in whole or in part without prior written consent of Company, except as expressly and specifically permitted under these Terms of Use.

The On-line Materials are and will remain the exclusive property of Company. All rights, titles and interests in and to the On-line Materials will be and remain vested solely in Company. Under no circumstances will you have any right, directly or indirectly, to own, use, copy, loan, sell, rent, lease, license, sublicense, redistribute, assign or otherwise convey the On-line Materials, or any rights thereto, except as expressly and specifically provided in the Terms of Use. Nothing in these Terms of Use will convey to you any right, title or interest, except that of a license with the express rights and subject to all limitations herein. Nothing in these Terms of Use grants you the right, directly or indirectly, to use the On-line Materials to create a product for resale or to use the On-line Materials in any way that competes with Company.

You acknowledge and agree that Company will own all rights, titles and interests in and to any copy, translation, modification, adaptation, derivative work or improvement of the On-line Materials made by or for you. At Company’s request, you must execute, or obtain the execution of, any instrument that may be necessary to assign these rights, titles or interests to Company or perfect these rights, titles or interests in Company’s name.

13. Disclaimer of Warranties

THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE.”
THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

COMPANY MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTY OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS IN RELATION TO THE AVAILABILITY, ACCURACY, VALIDITY, RELIABILITY OR CONTENT OF THESE PAGES AND/OR THE SITE. COMPANY ALSO DOES NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE ACCURACY OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION THAT IS SUBMITTED, DISPLAYED OR UPLOADED THROUGH THE SITE BY ANY USER. COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR FOR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE LIABILITY OF COMPANY WOULD IN SUCH CASE BE LIMITED TO THE GREATEST EXTENT OF LIABILITY PERMITTED BY LAW.

15. Termination

The Company may terminate or restrict access to the Site at its sole discretion if it determines a violation of these Terms or applicable law. You understand and agree that in Company’s sole discretion, and without prior notice, Company may terminate your access to the Site, or exercise any other remedy available and remove any unauthorised user information, if Company believes that the information you provide has violated or is inconsistent with these Terms of Use, or violates the rights of Company, or any third party, or violates the law. You agree that monetary damages may not provide a sufficient remedy to Company for violations of these Terms of Use and you consent to injunctive or other equitable relief for such violations. Company may release user information about you if required by law or subpoena.

16. Indemnification

You agree to indemnify and hold harmless the Company, its affiliates, officers, employees agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of or relating to your use of the Site, including also your use of the Site to provide a link to another site or to upload content or other information to the Site, or your breach of the Terms of Use.