TERMS AND CONDITIONS OF WWW.WOMENS-ZONE.COM
The Terms and Conditions for accessing the content and services of www.womens-zone.com are as follows:
By clicking “I Accept” button the User agree to these terms. THE OWNER PROVIDES ACCESS TO THE SERVICES OF WWW.WOMENS-ZONE.COM ONLY TO THOSE USERS WHO ARE FEMALE AND HAVE ATTAINED THE MINIMUM AGE OF 18 YEARS. However, this restriction is not applicable to Advertisers and Sponsors.
1. DEFINITIONS AND INTERPRETATIONS
1.1 In these Terms the following definitions shall apply:
Owner Kavita Gupta
Website Means www.womens-zone.com, owned by the Owner;
Services Means the following services provided by the Website:
i. Social Networking
ii. Online Selling
iii. Advertisement Space
User Means any person who views, navigates or accesses the Website and / or avail the Services by becoming a Member of the Website;
Member Means a female who registers herself on the Website by opening a User Account and accesses Services provided by the Website;
Seller Means a Member who sells her Product(s) through the Website.
Buyer Means any Member who purchases Product(s) displayed on the Website by the Seller(s);
Creator Means a Member who creates and/or manages a Group on the Website shall be known as the Creator of that particular Group;
Advertiser Means a User (including a legal person i.e. a Owner or a Corporate) who places an Advertisement on the Website;
Accessible Area Means those pages of the Website that are available to the general public or other Members and are not restricted to being viewed by a Particular Member only;
Property Means the intellectual property rights of the Website including trademarks, copyright, topography rights, database rights, trade or business names and other similar rights, whether registered or not in any country;
Terms Means the standard terms set out in these terms and conditions.
1.2 By using the Website, User agrees and bounds himself or herself to these Terms. If a User does not agree to be bound by these Terms then that User must not use or access the Website and the Services offered by the Website.
1.3 The Owner reserves the right to change, modify, alter and / or update these Terms at any time with or without prior notice. Any aspect of the Website may be changed, updated, supplemented or deleted or discontinued (temporarily or permanently) without notice at the sole discretion of the Owner. Please check this page frequently and regularly for any change. A User’s continued usage of the Website after any change to these Terms will mean that the User has accepted the changes.
1.4 The Website pages may contain inadvertent inaccuracies or typographical errors. These will be corrected at the discretion of the Owner as and when they are found. The information on the different web pages of the Website are updated regularly but inaccuracies may remain or occur when changes occur between updates.
2. TERMS FOR THE USE OF THE WEBSITE
2.1 ELIGIBILITY: The Owner shall provide services only to those Users who are female and have attained the minimum age of 18 years. By registering to use the website, the user represents and warrants that she is a female and at least 18 years of age. However, this restriction is not applicable to Advertisers and Sponsors.
2.2 The Owner grants a limited license to each User to access and make personal use of the contents, materials, services etc of the Website or any third party content in accordance with these Terms and subject to the following conditions:
i. The Website’s content, and materials shall only be used for information and non-commercial purposes (other than the transactions contemplated in accordance with these Terms) and no other use of the content or information is authorised;
ii. A User shall not alter, modify, re-design, reproduce, display, publicly perform, import, distribute, republish, sell, offer for sale, or resell otherwise use any part of the Service offered by the Website or the Website’s Content in any way, unless expressly permitted to do so by the Owner.
iii. A User shall not make any unauthorised copy of any Owner trademark.
2.3 The Owner does not give the User the right to collect or use information, contents and services contained on the Website for the purposes prohibited by the Owner. User shall not indulge in any data extraction or data mining activity whatsoever.
2.4 The Owner does not give the User the right to create any derivative work of contents, services, products of the Website or of any third party content available via the Website.
2.5 The Owner does not convey any interest in or to the information, content, services available via the Website or any other Owner material including intellectual property by permitting the user to access the Website.
2.6 OWNER TRADEMARKS AND INTELLECTUAL PROPERTY
i. Any and all intellectual property associated with the Website and its contents are the sole property of the Owner, except as expressly provided in these Terms. The Website Content is protected by copyright and other laws of the United Kingdom as well as other countries.
ii. All custom graphics, icons, business names and other items that appear on the Website are trademarks, service marks or trade dress (“Marks”) of the Owner except as otherwise expressly authorised by these Terms.
iii. No license to use any of these Marks is given or implied. A User shall not copy, download, reproduce, modify, sell, create derivative works from, upload, transmit, or distribute these trademarks in any way without prior permission of the Owner.
3. ACCESSING THE SERVICES PROVIDED BY THE WEBSITE
3.1 In order to access the Services provided by the Website, a User will have to register as a Member by opening a User Account and providing her personal information to the Owner. The User will be able to create her User Account filling out the relevant Sign-Up form.
3.2 The User will have to provide her name, age, Email Address, Telephone Number, location and a Profile Picture at the time of opening her User Account.
4. SOCIAL NETWORKING SERVICES
4.1 The Website provides the Members with a platform to:
i. Find new friends and interact with other Users of the Website (Individual Friendship);
ii. Create and manage Groups on different topics and become followers of the Groups created by other Users (Groups);
iii. Interact with other Users through blogs and forums of the Website.
4.2 INDIVIDUAL INTERACTIONS:
4.2.1 The Member will be able to search for friends in the Website through search filters based on Location, age, etc. of other Users.
4.2.2 The Member will be able to see the complete profile of other members of the Website. In case the Member wants to interact with another User then the Member will have to send a friend request to that User. If the other user accepts the friend request of the Member then the Website will allow both the Users to interact with each other, through text messages, exchange of pictures and other contents, voice chat and video chat, etc.
4.2.3 The Member shall have the right, in her sole discretion, to un-friend any other User previously befriended by pressing the Un-Friend button on that User’s profile and blocking her from viewing and interacting with her.
4.2.4 The Member agrees and acknowledges that the Owner is only providing a common Website to the Website Users for interacting with each other in the manner they like and hence the Owner shall not be responsible or liable to the Member, in any manner whatsoever, for the conduct of any other user with whom the Member may interact through the Website.
4.3 GROUP INTERACTIONS:
4.3.1 The Member will be able to create Group(s) after accessing her User Account through her Login ID and password.
4.3.2 The Members will have the option to follow or un-follow any Group created by any Member of the Group. After following a Group, the User will be allowed to participate in the activities of the Group and will start receiving the communications, including messages, invites etc., from the Creator and Followers of that Group.
4.3.3 The Creator of a Group may stipulate certain pre-conditions or Eligibility Criteria for joining the Group created by the Creator, or for video chat and participation in forum etc.
4.3.4 The Creator of a Group may organise Group Meetings and invite the followers of her Group to attend or participate in the Group Meetings through Email notifications etc.
4.3.5 The Owner shall not be the controller of the Group(s) created by any Member of the Website. The Owner shall not be responsible or liable to the User, in any manner whatsoever, for the conduct of other users of the Website, including any Creator, with whom the User may interact through the Website.
4.3.6 The Member agrees that the Creator of a Group shall be responsible and liable for the services provided by that Group. In case of any dispute / grievance, including the payment of fees, quality of services provided, or any conduct of the Creator of a Group, the User agrees to claim all the refunds etc from the Creator of that Group and not from the Owner.
4.4 FEES FOR SOCIAL NETWORKING SERVICES
4.4.1 At present it is free for the User to avail the following Services offered by the Owner:
i. To access and browse the Website.
ii. To register herself as a Member of the Website by opening a User Account.
iii. To become followers of Group(s) created on the Website and to participate in Group(s) Activities as a follower of Group(s).
iv. To create, host, manage or administrate Group(s) on the Website.
4.4.2 The Owner reserves the right, at its sole discretion, to charge a fee on any of the Free Services offered through the Website, at any time.
5. TERMS PERTAINING TO ONLINE STORE SERVICES
5.1 ONLINE STORE SERVICES
5.1.1 The Website provides a platform for the members to sell and/or purchase products.
5.1.2 In case the Member wants to sell her Product(s) through the Website then that Member will have to provide the details of her Business type of PayPal Account by filling out the relevant field in her User Account. This PayPal Account shall be known as the registered PayPal Account of the Seller.
5.1.3 All Product(s) sold on the Website shall be owned by the Seller/Member offering the Product(s) for sale and shall be sold by the Website on behalf and with the consent of the respective owner of the Products.
5.1.4 The Product(s) displayed on the Website can be purchased by a Buyer/Member from the Seller/Member offering the Product(s) through the Website.
5.1.5 The Owner act as an agent for each Seller/Member who is selling the Items on the Website, and provides administration services, including processing and confirmation of orders, to each Seller offering the Products for sale through the Website.
5.2 FORMATION OF CONTRACT
5.2.1 A Buyer can purchase the Product(s) by placing an Order through the Website. The Owner shall acknowledge the Order on behalf of the Seller after receiving the Order and the contract for the sale of the Product(s) between the Buyer and the Seller will form when the Buyer will receive the confirmation of the Order on his registered Email Address.
5.2.2 Each Seller warrants to the Buyer that the Seller is the owner of each and every Product uploaded and displayed on the Website by the Seller for the purposes of selling.
5.2.3 The Buyer agrees that the Owner is neither the owner nor the supplier of the Product(s) that the Buyer may purchase through the Website. Buyer acknowledges that the Owner is only acting as an agent for the Seller and that the contract for the purchase of Product(s) is between Buyer and the Seller.
5.2.4 The contract between Buyer and Seller incorporates these Terms and Conditions and any additional terms and conditions that might be set out on the page on which the Product(s) that the Member has ordered are displayed.
5.3 PRICE AND PAYMENT
5.3.1 The price of a Product shall be the price set out on the Website from time to time, unless there is an obvious error.
5.3.2 Seller of a Product can change the Price at any time, but any price change will not affect the Orders already confirmed by the Owner
5.3.3 Buyer shall make the payment for the Product(s), purchased from a Seller, directly to the Seller through the Website, in the PayPal Account of the Seller specified on the Website.
5.3.4 Seller agrees that the Website shall not be responsible in any way for making the payment pertaining to the Product(s) purchased by the Buyer from the Seller.
5.4 DELIVERY AND QUALITY OF ITEMS
5.4.1 The Seller shall specify the terms for Delivery Schedule on the pages displaying the Product(s) sold by the Seller.
5.4.2 The Buyer agrees and acknowledges that the Seller shall be solely and fully responsible for the delivery and quality of Product(s) sold by the Seller through the Website.
5.4.3 The Owner shall not be responsible and liable for non-delivery of the Product(s) or any deficiency in the Product(s) sold by the Seller(s).
5.4.4 In case of any dispute/grievance regarding the delivery or quality of Product(s) purchased by the Buyer through the Website, the Buyer agrees to claim all the refunds etc from the Seller(s) and not from the Owner.
5.5 ORDER CANCELLATION, RETURN AND REFUND POLICY
5.5.1 The Seller shall also specify the terms for Order Cancellation, Return and Refund Policy on the pages displaying the Item(s) sold by the Seller.
5.5.2 By placing an Order, the Buyer agrees and bounds himself or herself to all the terms pertaining to Order Cancellation, Return and Refund Policy specified by the Seller on the pages displaying the Product(s) ordered by the Buyer. If the Buyer does not agree to be bound by any term set forth by a Seller for a particular Product then the Buyer must not place the Order for that particular Product.
5.5.3 The Buyer agrees and accepts that the Website and the Owner has no role in deciding the Delivery Schedule, Cancellation, Return and Refund Policy of the Sellers and the Owner shall not be liable in any manner whatsoever for the Order Cancellation, Return and Refund Policy of the Seller(s).
5.5.4 The Buyer shall claim any refund etc. directly from the Seller(s) and not from the Owner.
5.6 FEE FOR ONLINE SALES SERVICES
5.6.1 The Owner shall charge a Commission from the Sellers on each and every payment received from the sale of Seller’s Product(s) through the Website.
5.6.2 The Commission Structure will vary from product to product and the complete details of the Commission Structure shall be available to the Seller through her User Account.
5.6.3 The Owner reserves the right to change the commission structure at any time. The Owner shall intimate any change in the commission structure to the Seller by sending an Email to the registered Email Address of the Seller.
5.6.4 The Owner will charge the commission at the checkout point and an invoice for the commission pertaining to a particular Order will be generated and sent at the Email Address of the Seller. The Owner shall also charge the Seller with all the applicable Payment Gateway charges for collecting the payments pertaining to the Seller under these terms.
5.6.5 The Seller will need to give an authorization to the Owner to automatically charge her registered PayPal Account. The Owner will automatically deduct the invoiced commission from the registered PayPal Account of the Seller on the 15th of every month for all the invoices raised till 14th of that month.
5.6.6 Currently the Website accepts the payment of commission only through the registered PayPal account of the Seller.
6. TERMS PERTAINING TO ADVERTISEMENTS
6.1 The Website also provides the platform for users to display and view the Advertisements on the Website.
6.2 User agrees that the responsibility of the Website under these Terms shall be limited only to providing Advertising Space on the Website for displaying Advertisements. The Website will not actually provide the Goods/Services displayed in the Advertisements and Website shall not in any way be liable or responsible for the content, or quality, or delivery of the Goods or Services offered through the Advertisements on the Website.
6.3 A User who views Advertisements on the Website acknowledges and agrees that only the Advertiser of a particular Advertisement shall be responsible and/or liable for the content, context, quality, or delivery of the Goods or Services offered through that particular Advertisement.
6.4 An Advertiser can purchase the Advertisement Space by placing an Order and making the payment through the Website. A particular Advertisement shall run for the duration purchased by the advertiser.
6.5 Advertiser represents and warrants that he/she shall not advertise any illegal Goods/Services on the Website.
6.6 A User shall not sell, or offer for sale, or resell any advertising space purchased from the Owner.
6.7 Website will reject or remove, at its sole discretion, any Advertisement containing words, phrases or items which it considers inappropriate, or misleading, or offensive or illegal or pornographic.
6.8 Website reserves the right, at its sole discretion, to limit, refuse, or cancel an Advertisement submitted for publication at any time without notice.
6.9 Website reserves the right to discontinue the advertising service at any time.
6.10 FEE FOR ADVERTISING SPACE
6.10.1 The Owner shall charge a fee for providing the advertising space on the Website.
6.10.2 The complete details of the Advertising Space and the applicable Advertising Rates for the Advertisement Space and Duration shall be available to the Member through her User Account.
6.10.3 The Owner reserves the right to change the Advertising Rates at any time. The Owner shall intimate any change in the Advertising rates to the Member by sending an Email to the registered Email Address of the Seller.
6.10.4 The Advertising Rates shall not include any taxes and/or Banking / Payment Gateway charges. The Seller agrees to pay all the applicable taxes and/or Banking / Payment Gateway Charges.
6.10.5 Advertiser shall have to purchase the Advertising Space by making the payment through a payment method accepted by the Owner in order to advertise its Product on the Website. At present the Owner accepts the payment through PayPal only.
7. COMMUNICATIONS WITH OTHER MEMBERS
7.1 The Member may receive E-mail notifications at the registered Email Address of the Member, through the Website, regarding the communications sent by:
i. the members in the User’s Friends List;
ii. Creator or followers of Group followed by the User,
iii. The Seller(s) of the Product(s) ordered by the User,
7.2 The Creator of a Group agrees to receive messages from individual followers of her Group.
7.3 In case the Member does not want to receive communications from the followers or Creator of a particular Group which she is following then the Member will have to un-follow that Group. After un-following a Group the User will not receive any communication from the Creator or followers of that particular Group.
7.4 In case the Member does not want to receive communications regarding from a particular Member in her Friend’s List then the Member will have to un-friend that Member. After removing the member from her friend’s list the Member will not receive any communication from that Member.
8. PUBLIC INFORMATION (User Submissions)
8.1 Any information or material (including any Email Address or Telephone Number) submitted to the Owner for posting or displaying on the Publicly Accessible pages of the Website shall be known as “Public Information” of the User. The Name, age, sex and the Location provided by the User through the User Account shall also be considered as Public Information.
8.3 The User grants the Owner a non-exclusive, worldwide, perpetual, irrevocable, royalty free, sub-licensable right to use the Public Information provided by the User in any manner the Owner deems fit including transmitting, distributing, displaying (on any media), or creating derivative works from, the Member’s Public Information. The User further grants all other users of the Website the permission to view the Public Information posted or submitted by the User.
8.4 The Owner does not endorse any opinion expressed by any User of the Website. The User agrees that by accessing the Website, the User might get exposed to information that is offensive, objectionable or indecent. The Owner requests the Users to report any offensive, objectionable or indecent information the Owner at contact us on the main site.
8.5 The Owner shall not be the controller or owner or author of any Public Information posted by any User of the Website and shall not be liable, in any manner whatsoever, for any Public Information posted, or submitted or uploaded by the Member on the Website. The Owner shall have no obligation to monitor any information submitted to or posted on the Website by any User.
8.6 The User shall be solely and fully liable and responsible for the Public Information posted, uploaded or submitted by the User through the Website.
8.7 If a User makes suggestions to the Owner on improving or adding new features to the Website, the Owner shall have the right to use the User’s suggestions without any compensation to the User.
9. COMMUNICATIONS FROM THE OWNER
9.1 The Member agrees that the Owner may use the personal data/personally identifiable information (including Member’s Email Address and Telephone Number) collected from the Member for providing the Member with
i. Promotional or marketing information;
ii. The Owner Newsletters, service announcements etc;
iii. The information about a specific program or feature that Member has elected to participate in or receive information;
iv. The information regarding those Group(s) which the Member has followed.
9.2 The Member will have the option to opt-out of receiving E-Mail or SMS notices or solicitations or marketing/promotional information from the Owner or its affiliates by responding to a link included in each E-Mail or SMS notice or solicitation or by managing her Member’s Account page on the Website.
10. REPRESENTATION AND WARRANTIES
10.1 The User warrants that any and all the personal information, Product, Advertisement, materials, and content provided by the User to the Owner and / or uploaded or displayed or sold on the Website is accurate and complies with all the relevant and applicable laws, standards, and guidelines.
10.2 The User warrants that any descriptions, photographs or images used by the User on the Website will not be misleading in any way.
10.3 The User warrants that the User is the owner, or have the consent of the owner, for any Product sold, advertisement, content or material posted, uploaded or displayed, by the User or for any descriptions, photographs or images used by the User on the Website and that the use of such Products, materials, descriptions, photographs or images will not infringe any Right including the copyright, trademark, patent, trade secret, right of privacy, right of publicity or other legal right of any third party.
10.4 The User warrants and represents that there are no claims, demands or any form of litigation pending, or threatened, to the best of the User’s knowledge, with respect to any of the Product, content or material or images etc. sold, uploaded, displayed or posted by the User on the Website.
10.5 The User warrants that the Owner will not be required to make any payments to any third party in connection with the Owner’s use of the contents and material posted or uploaded by the User.
10.6 The User warrants and represents that each and every content or material uploaded or posted by the User shall not contain viruses or any other programs or technology designed to disrupt or damage any software or hardware.
10.7 The User warrants and represents that the use of any instructions, formulae, recommendations, or the like contained in the User’s Submissions will not cause injury to any third party;
10.8 The User warrants that the User shall not post or advertise on the Website, or transmit to other users, any material which is defamatory, inaccurate, abusive, threatening, harassing, or racially offensive, obscene, sexually oriented, or which contains sexual images of any kind or child pornography.
10.9 The User represents and warrants that the User shall not post any content or material containing any foul or explicit language.
11. DUTIES AND OBLIGATIONS OF THE USERS
11.1 User undertakes not to use the Website for illegal purposes and the User shall not violate any law, statute, ordinance or regulation relating to the use of the Website and the services provided by the Owner through the Website.
11.2 User shall not indulge in any activity or transaction, through the Website, that could cause the Owner to violate any applicable law, statute, ordinance or regulation.
11.4 By registering herself as a Member or by uploading or posting any content or material, the User represents and warrants that she is legally capable of entering into binding contracts.
11.5 User agrees to provide accurate personal information while registering with the Website.
11.6 Member agrees that the Member alone will be fully responsible for protecting the privacy of the username and the password. A User shall ensure that the password is not misused by anyone.
11.7 User shall not interfere with or disrupt the Website, or networks connected to, or any activity conducted on the Website in any manner including, but not limited to, use of viruses or other similar computer programming.
11.8 User shall not use any robot, spider, scraper or other device or automated means to access the Website, or to monitor the activity, or copy pages and other contents from the Website, except in the operation or use of an internet “search engine”, hit counters or similar technology.
11.9 User shall not take any action that the Owner, in its sole discretion, believes imposes an unreasonably large load on Owner servers, including without limitation, deep linking into the Website.
11.10 User agrees to follow all the applicable laws of United Kingdom and International Laws.
12. COPYRIGHT AND INTELLECTUAL PROPERTY
12.1 A User shall not post, sell, distribute or reproduce in any way any third party’s copyright material, trademarks, or proprietary information without obtaining the consent of the owner of such proprietary rights.
12.2 If any User believes that material posted on the Website constitutes infringement of that User’s work(s), then the User may provide the Owner with the following information:
i) An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest;
ii) A description of where the material that User claims is infringing is located on the Site;
iii) A description of the copyrighted work that User claims has been infringed;
iv) User’s address, telephone number, and email address;
v) A written statement by User that she has a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law;
vi) A statement by the User made under penalty of perjury, that the above information in User’s notice is accurate and that User is the copyright owner or authorised to act on behalf of the copyright owners.
12.3 In case the Owner receives a Notice, from any other party, regarding the copyright violation of any content of material posted on Website by the User, the Owner shall immediately remove that content or material, notify the User regarding the receipt of such notice and may temporarily freeze the Account of the User.
12.4 In case the User believes that she is the rightful posted or submitted the content or material in question, then the User may provide the Owner with a written counter-notice specifying her full name, communication address (including Email Address and Telephone number) and a statement that she is the rightful owner or has obtained the consent of the rightful owner of the Content and intends to contest the allegations made by the party who has given the Notice of copyright violation.
12.5 The Owner will provide the full details of the counter-notice to the party who has filed the Copyright violation notice. The party alleging the violation of her Copyright will then have 10 days to file a lawsuit against the User. In case the party filing the Copyright violation notice does not inform the Owner that a law suit has been filed within 14 days after the Owner provides the details of the User’s Counter Notice, the Owner will restore the removed material.
If it is found that a User posted any material which is owned by any other party and for which he has not acquired the necessary rights then the Owner shall permanently remove that material and may delete the Account of that User.
13. TEMPORARY OR PERMANENT SUSPENSION, TERMINATION ETC
13.1 Without limiting other remedies, the Owner may limit User’s activity, temporarily suspend, indefinitely suspend, remove content or information posted by the User, or refuse to provide the Website services to the User if, within the sole and independent judgment of the Owner:
i) User breaches or the Owner anticipate that User might breach these Terms.
ii) The Owner is unable to verify or authenticate any information provided by User.
iii) The Owner believes that User actions may cause financial loss or legal liability to other Users or to the Owner.
iv) The Member does not use the Website for a considerable period of time.
v) Harm or intimidate another person in any way, including restricting or inhibiting any other user from using the Website;
vi) Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person, through the
use of similar email
addresses, nicknames, or creation of false account(s) or any other method or device;
vii) disguise the origin of any Public Information that is transmitted to any third party;
viii) “stalk” or otherwise harass another;
ix) resell Public Information or access to Public Information;
x) collect or store personal data about other users;
xi) Disclose the Private Information of any follower of a Group without the permission of that follower; or
xii) Encouraging others to violate this Agreement;
xiii) Refusing to follow the instructions or directions of the Owner’s staff.
13.2 The Owner reserves the right, at its sole discretion, to remove, any Public Information or any material posted or displayed on the Website by a User.
13.3 The Owner can also terminate this Agreement at any time, with or without cause and these Terms shall survive until and unless terminated by Owner.
13.4 The User agrees that the Owner shall not be liable to the User or any third party for any action taken by the Owner under this Clause and the resultant termination of the User’s use of or access to all or any portion of the Website.
14. THIRD PARTIES LINKS AND SERVICES
14.1 The Website may contain links to other sites on the World Wide Web and Internet which are not under the control of, or maintained by, the Owner. The Owner undertakes no obligation to monitor such sites, and User agree that the Owner shall not be liable or responsible, in any manner whatsoever, for the content or services provided by such sites or any technical or other problems associated with any such third-party Sites, Links or usage.
21.1 The Owner makes all reasonable attempts to exclude viruses and other form of harmful computer attacks from these pages, but it cannot ensure this exclusion and no liability is accepted for viruses etc. Please take all appropriate safeguards before using or downloading information from the Website.
16.1 The User agrees to indemnify and hold harmless the Owner, its employees and agents against all liabilities, legal fee, damages, losses, costs and other expenses in relation to any claims or actions brought against the Owner by any third party due to or arising out of any breach by the User of these Terms or other liabilities arising out of or relating to Website and Services provided through the Website, including the User’s participation in a Group Meeting as a follower, Creator.
17. DISCLAIMER OF WARRANTIES
17.1 The Services, the content and the information on the Website are provided on an “as is” basis. The Owner, its affiliates and licensors make no representations or warranties about the accuracy, completeness, security or timeliness of the services, content or information provided on or through the Website. The User shall avail the Services, content and information provided through the Website at her own risk.
17.2 No representation, advice or information, warranty or affirmation of any employee, contractor, agent, detailer, or any other person actually or purporting to represent the Owner, by word or action, will constitute a warranty.
17.3 The Owner shall not be liable if for any reason the Website is unavailable at any time or for any period. Access to the Website may be suspended temporarily and without notice in case of system failure, maintenance or repair or for any other reasonable cause.
17.4 In addition, we specifically disclaim all warranties that the sites or the services offered will meet User’s requirements; that the information, content, materials, services, Product(s) etc displayed on the Website will be as represented by the other Members, or the other Members shall perform as promised.
17.5 The Owner disclaims all warranties whether express, or implied, statutory or otherwise, including but not limited to the implied warranties arising from the course of dealing or usage of the Website and any obligation, liability, or remedy in tort, whether or not arising from the negligence of the Owner.
17.6 Some jurisdictions do not allow limitations of implied warranties, so the limitations and exclusions in this clause may not apply to a particular User.
17.7 Users agree and acknowledge that the limitations and exclusions of liability and warranty provided in these terms and conditions are fair and reasonable.
18. LIMITATION OF LIABILITY
18.1 The Owner, its affiliates or licensor’s, directors, employees, or its third-party partners shall not be liable to User whether in contract, tort or otherwise at law, for any incidental, direct or indirect, punitive or consequential loss or damage whatsoever, and/or loss of profits, revenue, goodwill business opportunity or damages arising out of or in connection with:
i. The use of the Website, including inaccuracy of the content, or services and / or availability of the Website.
ii. The Modification, suspension or termination of any part or aspect of the Website and/ or resulting business interruption, or lost data.
iii. Third Party Transactions resulting from the use of Website.
iv. Dealings with the other Members of the Website, including Creator or Sellers or Advertisers.
v. Any information submitted to or posted/displayed on the Website by the Users, or for any failure to correct or remove the said information.
This shall apply even where such a loss was reasonably foreseeable or the Owner had been made aware of the possibility of such loss.
19. JURISDICTION AND VENUE:
19.1 These Terms shall be interpreted, enforced and governed by the laws applicable in the United Kingdom. The User and the Owner agree to submit to the exclusive jurisdiction of the Courts in the U.K.. The parties consent to the personal jurisdiction and venue of such courts. Both Parties shall attempt to settle any dispute by Arbitration prior to filing a lawsuit.
20. BINDING ARBITRATION:
20.1 The User agrees that the disputes between the User and the Owner shall be resolved by binding, individual arbitration and the User waives his or her right to participate in a class action lawsuit or class-wide arbitration.
20.2 In the event of a conflict that cannot be resolved by the parties, the User and the Owner agree that at the written request of either of them the dispute will be submitted to binding arbitration under the most expeditious arbitration method then proposed by an Arbitration body on which they may both agree, with each party to pay its own legal Fee and with the cost of the arbitration itself to be paid by the parties in the proportion determined by the arbitrator(s). The decision of the arbitrator(s) may be entered as a judgment at the request of either party in any court of competent jurisdiction.
21. NOTICES AND COMMUNICATIONS
22.1 The User shall send all the notices and information, required to be made under these terms, at the Contact Us of the website.
22.2 The Owner shall send all the information, required to be made under these terms, to the User at the registered Email Address of the User provided at the time of opening her User Account.
22.1 These Terms (including all of the policies and other Agreements described in these Terms, which are hereby incorporated herein by this reference) are the entire agreement between the User and the Owner and replaces all previous agreements between them relating to the same subject matter.
22.2 Unless these Terms provide otherwise, nothing in it creates a partnership or employment relationship between the Owner and the User.
22.3 The Owner may assign or transfer these Terms or any part of it at any time. The User cannot assign or transfer her rights granted under these Terms or any part of it without the prior written consent of the Owner.
22.4 If any provision of these Terms are found under the laws of any jurisdiction to be invalid, illegal or unenforceable, the validity, legality or enforceability of that provision in that jurisdiction shall not in any way affect the validity, legality or enforceability of all the provisions of these Terms in any other jurisdiction.
22.5 If any court or competent authority decides that any of the provisions in the Agreement are invalid, unlawful or unenforceable to any extent, that provision will to that extent only, be severed from the remaining terms which will continue to be valid to the fullest extent permitted by law.
22.6 No waiver of a breach of any part of these Terms shall affect a party’s right to enforce that part or any other part of these Terms for a later breach. The failure of a party to insist upon strict performance of any part of these Terms shall not be construed as a waiver of any prior or later default of the same or similar nature.
22.7 No party shall be liable to the other for any delay or failure due to acts of God, war, transportation difficulties, labour strikes, natural disasters, riots, acts or omissions of vendors or suppliers beyond the control of the parties.
22.8 The User and Owner confirm that the provisions of these terms are not for the benefit of any Third Party.