Welcome to www.symptomid.com (hereinafter referred to as the “Website”, “Site”, “We”, “Us”, “Our”), owned and operated by SYMPTOMID, INC. The website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”).
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. YOUR USAGE OF THIS WEBSITE SIGNIFIES YOUR ASSENT TO THE FOLLOWING BINDING AGREEMENT.
Our website provides an online informative platform where health related information is shared through which Users can access to latest medical news, information on a variety of health symptoms, up to date health information along with valuable tools, that allows users to identify possible health-symptoms, while also monitoring their overall well-being (hereinafter collectively referred to as the “Services”). This website is designed to help Users understand what User’s medical symptoms could mean, and provide User with the trusted information you need to help make informed decisions in your life for better health.
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.
If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site. Failure to use the Site in accordance with these Terms may subject you to civil and criminal penalties. This website reserves the right to recover the cost of services, collection charges and lawyers fees from persons using the Site fraudulently. This website reserves the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or acts or omissions in breach of these terms and conditions.
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 “www.symptomid.com” means the online platform via which users can avail its services as mentioned in the introduction section above and as described in detail in clause 3 of this agreement.
- 1.3 “User/You” means any person/individual who accesses the services provided on/by this Site.
- 1.4 “www.symptomid.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.
- 1.5 “Content” shall mean text, graphics, images, music, audio, video, information or other materials.
- 2.1 The official language of these terms shall be English.
- 2.2 The headings and sub-headings are merely for convenience purpose and shall not be used for interpretation.
- 3.1 Our website provides an online informative platform through which health related information is shared and through which Users can access to latest medical news, information on a variety of health symptoms, up to date health information along with valuable tools, that allows users to identify possible health-symptoms, while also monitoring their overall well-being This website is designed to help Users understand what User’s medical symptoms could mean, and provide User with the trusted information you need to help make informed decisions in your life for better health.
- 3.2 Our website enables user to locate the list of nearby doctors in their localities and providers them with doctor’s phone number thereby enabling them to book an appointment.
- 3.3 Our services are available globally. The information on this website is for informational purposes only. We make no expressed or implied warranties, representations or endorsements whatsoever with regard to the services provided. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, services, and other information provided. We shall not be liable for any cost or damage arising either directly or indirectly from any information conveyed on the website. Our website offers no assurance of uninterrupted service or error free service. Our website does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained on the website.
- 3.4 Our website is strictly a venue and does NOT enter into any other relationship with you, other than that of an independent contractor. Our Legal Terms in no way create any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and us or our affiliates.
4. MEDICAL DISCLAIMER:
- 4.1 Our services and information on our website are not intended to be a substitute for a medical/physician’s consultation. Our services are offered for wellness monitoring purposes only. The services listed in or on this website are not intended to diagnose, treat, or cure any disease. Thus users are required to consult a physician after they receive their psychological test report and otherwise also.
- 4.2 We do not practice medicine including making a diagnosis which must be done by a licensed physician. We are not providing health care services and do not provide services to any health care provider.
- 4.3 We do not recommend self-diagnosis or self-medication, and no information within this website, or presented herein, may be construed or interpreted as recommending self-diagnosis or self-medication.
- 4.4 Website shall hold no reliability of the validity of the content posted on the website and such information shall be used for informational and learning processes only.
- 4.5 Individuals with health disorders, medical conditions, or any condition needing medical supervision assume full responsibility for obtaining professional medical assistance. Accordingly, all website users are strongly encouraged to consult and work with an experienced health-care practitioner regarding any symptoms, abnormal health screens or medical conditions.
- 4.6 All information posted on the website, is provided for informational purposes only and is not a substitute for the care, medical advice or treatment provided by your physician. Always seek the advice of your physician or other qualified health provider with any question you may have regarding a medical condition. If you think you may have a medical emergency, call your doctor immediately.
- 4.7 You acknowledge that as such, we are not offering actual medical consultation, services, and/or treatment through our Service. Our Service is purely for educational purposes.
- 4.8 We shall not be liable to you or anyone else for any loss or injury caused in whole or in part by procuring, compiling, interpreting, delivering or reporting information through this website. In no event shall we be liable to you or anyone else for any decisions made or action(s) taken or not taken by you in reliance on such information.
- 4.9 By using our Service, you agree that you release us and our Members from all liability, for any release of your health information that you voluntarily provided and that you assume all such risks with regards to your use of this Service.
- 4.10 You understand that experts are simply Members of our Service and are not in any way employed by us. You agree that your reliance on any Service Content provided by our experts is not actual nor otherwise implied medical advice. You agree that our Service Content is not necessarily appropriate for the diagnosis and treatment of any health issue or for the prescription of any medication or treatment.
- 4.11 You understand that any Service Content is by no means complete or exhaustive, and that as a result, such information does not encompass all conditions, disorders, health-related issues, or respective treatments. You understand that you are solely liable for consulting your physician or other healthcare provider to determine the appropriateness and applicability of our Service or any Service Content for your use. You agree that Service Content is not a substitute for obtaining professional medical advice.
5. USER CONDUCT:
- 5.1 You may access and use our Site solely for your personal, noncommercial use. Except as expressly authorized hereunder, our Site may not be reproduced, duplicated, copied, sold, resold, visited, reverse-engineered or otherwise exploited for any commercial purpose without our prior written authorization. We reserve the right to alter or discontinue our Sites, in whole or in part, at any time in our sole discretion. Subject to and conditioned upon your compliance with these Terms, we grant to you a non-exclusive, non-transferable, limited right and license, without right of sublicense, to access and use our Site, including any images, text, graphics, sounds, data, links and other materials incorporated into our Site (other than your User Submitted Materials), solely as made available by us and solely for your own personal purposes. Except as expressly authorized by these Terms, you may not use, reproduce, distribute, modify, transmit or publicly display any portion of our Site or create derivative works of any portion our Site without our written consent. You agree not to use our Service to do any of the following:
- 1) make any Posting that:
- a) violates any local, state, federal, or international laws.
- b) infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any party.
- c) harms, threatens, defames, promotes violence or illegal activities, or is otherwise vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of another’s privacy, hateful, or racially, ethically or otherwise objectionable.
- d) links directly or indirectly to any materials to which you do not have a right to link.
- e) contains any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, government issued tax or identification numbers and credit card numbers.
- f) contains viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer or hardware or telecommunications equipment, or to extract information from our Service.
- g) contains any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
- h) you do not have a right to transmit under any law (i.e. intellectual property laws) or under contractual or fiduciary relationships (i.e. non-disclosure Agreements).
- i) in the sole judgment of our website, is objectionable or which restricts or inhibits any other person from using or enjoying our Service, or which may expose our website, our affiliates, or our Users to any harm or liability of any type.
- j) Remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of our Site.
- 2) use our Content to:
- a) develop a competing Service or help anyone else to do the same.
- b) create compilations or derivative works as defined under copyright laws.
- c) re-distribute it in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism.
- d) decompile, disassemble or reverse engineer our Service and any related Service.
- e) use our Service in any manner that violates our Legal Terms or any local,state,federal, or international laws.
- 3) use your account to:
- a) allow another person to login as you.
- b) allow another person to login as you.
- c) violate any local, state, federal, or international laws.
- 1) make any Posting that:
- 5.2 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;
- 5.3 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.
- 5.4 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.
- 5.5 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, 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.
- 5.6 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 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.
- 5.7 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.
- 5.8 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.
- 5.10 You shall at all times ensure full compliance with the applicable local laws, rules and Regulations and all other applicable provisions under laws of California and as amended from time to time regarding your use of our services.
- 5.11 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).
6. INTELLECTUAL PROPERTY RIGHTS:
- 6.1 Our Service may contain our Service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Service does not constitute any right or license for you to use such trademarks, without the prior written permission of the corresponding trademark owner. Our Service is also protected under international copyrights. The copying, redistribution, use or publication by you of any portion of our Service is strictly prohibited. Your use of our Service does not grant you ownership rights of any kind. All rights, including copyright, in this website are owned by or licensed to us or third party suppliers.
- 6.2 If you learn of any unlawful material or activity on our website, or any material or activity that breaches this notice, please inform us. 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.
- 6.3 We have the right to remove the Content alleged to be infringing without prior notice, at our sole discretion.
- 6.4 Notices regarding our website should be sent to firstname.lastname@example.org with the subject of the mail stating “Copyright Infringement”.
- 6.5 We take the protection of our copyright very seriously. Thus, if we discover that you have infringed any of our copyright, we may bring legal proceedings against you, seeking monetary damages and/or an injunction to stop you using those materials. You could also be ordered to pay legal costs.
7. LINKS TO OTHER WEBSITES:
- 7.1 You may provide links to our Service, provided (a) that you do not remove or obscure, by framing or otherwise, any portion of our Service, (b) your Service does not engage in illegal or immoral activities, and (c) you discontinue providing links to our Service immediately upon request by us.
- 7.2 Our Service may contain links to third party Services. These links are provided solely as a convenience to you. By linking to these Services, we do not create or have an affiliation with, or sponsor such third party Services. The inclusion of links within our Service does not constitute any endorsement, guarantee, warranty, or recommendation of such third party Services. We have no control over the legal documents and privacy practices of third party Services; as such, you access any such third party Services at your own risk.
- 8.1 Our website reserves the right to change any and all Content and features of our Service, at any time without notice.
- 8.2 While our Service is currently free to use, we may begin charging for use of all or part of its features at any time, without notice to you.
- 8.3 Our Service may be temporarily unavailable from time to time for maintenance or other reasons. Our website assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user content.
- 8.4 Our website is not responsible for any technical malfunction or other problems of any telephone network or Service, computer systems, servers or providers, computer or mobile phone equipment, Service, failure of email or players on account of technical problems or traffic congestion on the Internet or any combination thereof, including injury or damage to anyone’s computer, mobile phone, or other hardware or Service, related to or resulting from using, uploading, or downloading materials in connection with our Service. Under no circumstances will our website be responsible for any loss or damage, including any loss or damage or personal injury or death, resulting from anyone’s use of our Service, or for any interactions between Users of our Service, whether online or offline
- 8.5 OUR SERVICE IS PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR SERVICE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. OUR WEBSITE, INCLUDING ALL OUR AFFILIATES, HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR SERVICE, OTHER THAN AS SPECIFIED IN OUR LEGAL TERMS. OUR WEBSITE CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF OUR SERVICE.
- 8.6 OUR WEBSITE DOES NOT REPRESENT OR WARRANT THAT OUR SERVICE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT IT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT AND USE INDUSTRY-RECOGNIZED PROGRAMS TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR SERVICE IS DISCLAIMED. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU USE OUR SERVICE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOU, YOUR MOBILE DEVICE OR COMPUTER SYSTEM, OR OTHER HARM OF ANY KIND THAT MAY RESULT.
- 8.7 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;
- 8.8 WE, AS WELL AS ALL OF OUR AFFILIATES, ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF INCOME, BUSINESS, PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. OUR SERVICE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
- 8.9 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR SERVICE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN OUR LEGAL TERMS.
9. LIMITATION OF LIABILITY:
- 9.1 Our website, as well as all our affiliates, shall not be liable for any loss, injury, death, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from our Service; (b) the unavailability or interruption of our Service; (c) your or other Users’ use of our Service; or (d) any delay or failure in performance of our Service.
- 9.2 OUR WEBSITE AND ITS AFFILIATES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. OUR WEBSITE AND ITS AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO WARRANTY, REFUND, OR OTHER RESTITUTION TO YOU WITH REGARDS TO OUR SERVICE, OTHER THAN AS SPECIFIED HEREIN, FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO, DELAYS, CANCELLATIONS, STRIKES, GOVERNMENTAL ISSUES, OR FORCE MAJEURE.
- 9.3 IN NO EVENT WILL OUR WEBSITE OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOSSES ARISING FROM YOUR USE OF OUR SERVICE, EVEN IF OUR WEBSITE IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR WEBSITE’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO YOUR CEASING USE OF OUR SERVICE.
10. FRAUDULENT TRANSACTIONS:
- 10.1 Our website reserves the right to recover the cost of services, collection charges and lawyers’ fees from persons using the website fraudulently. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the website and any other unlawful act or acts or omissions in breach of these terms and conditions.
- 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.
13. GOVERNING LAWS AND JURISDICTION:
- 13.1 These Terms and any action related thereto will be governed by the laws of California, USA without regard to or application of its conflict of law provisions or user’s state or country of residence.
- 13.2 Users agree to submit to the exclusive jurisdiction of the courts in California in relation to proceedings arising out of this agreement.
14. DISPUTE RESOLUTION:
- 14.1 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.
- 14.2 The seat of arbitration shall be California, USA and the language of the arbitration shall be English.
- 15.1 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.
- 15.2 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.
- 15.3 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.
16. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
17. 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.
- 19.1 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.
- 19.2 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.
20. FORCE MAJEURE:
- 20.1 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.
21. 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.
22. CONTACT US:
- For any further clarification of out Terms and Conditions, please write to us at email@example.com.