Terms & Conditions

KezaWellness.com - Terms and Conditions


 STANDARD TERMS AND CONDITIONS KEZAWELLNESS.COM


  1. GENERAL


  1. ACCEPTANCE OF AGREEMENT


  1. You may make use of the services and websites by KezaWellness.com (powered by Kezakineticz Limited) (hereinafter collectively referred to as “the Company”), subject to the terms and conditions outlined herein.


  1. This agreement is valid and binding on all persons who access this website (or any part thereof) or who use the Company's services (as outlined below).


  1. Please read this agreement carefully because by using this website or the Company's services you will be deemed to have agreed to be bound by it. If you do not agree to be bound by this agreement, you must leave this website immediately and refrain from using the Company's websites or services, as further use will automatically bind you to this agreement.


  1. The Company hereby reserves its rights to from time to time and at its sole discretion alter, modify, add or remove any of the terms and conditions outlined herein and governing your use of the Company’s website, products and/or services without notice to you. Any changes so effected shall immediately be of full force and effect following the publication of such changes on this platform. By continuing to use the Company’s website, services and/or products you agree to review these terms and conditions at regular intervals and fully acquaint yourself (and those making use of the products and/or services of the Company through you) with any and all possible changes to these terms and conditions. You further acknowledge and agree that any use by you of the Company’s website, services and/or products following any changes to the terms and conditions shall constitute your acceptance of any and all such changes.


  1. ACCEPTANCE OF THIS AGREEMENT ON BEHALF OF THIRD PARTIES


  1. By accepting this agreement through your continued use of this website and the services or products on this website, the user does so not only on behalf of himself or herself, but also on behalf of any dependant(s) and/or guest(s) and you hereby warrant and expressly represent that you have the authority to do so.


  1. USE OF PRODUCTS AND SERVICES


  1. OUR SERVICES


  1. The Company is a health and wellness entity that runs self-service websites that provides media services and content distribution services relating to physical training through its video streaming websites (such as this website), mobile – and desktop applications and other media platforms providing the general public with access to its training programs.


  1. The terms outlined herein govern your use (as well as use of the Company’s materials by persons through you) of the Company’s products and services, including but not limited to:


1.2.1. All functionalities;

1.2.2. Features;

1.2.3. Streaming Services;

1.2.4. Audio, Visual and Written Media;

1.2.5. Website links;

1.2.6. User Interfaces; and

1.2.7. All contents and software associated with the products and services provided by the Company or any of its affiliates


  1. USE OF SERVICES


  1. It is solely your responsibility to define and provide the correct information relating to your training needs, as well as to assess the suitability of any of the Company’s products and/or services relating thereto before making use of the Company’s products and/or services.


  1. You acknowledge and agree that The Company may communicate with you via various communication channels and/or use the website on your behalf in order to facilitate your training needs upon your special instance, order and/or request, however, it remains your sole and absolute responsibility to make the final assessment of suitability of the product and/or service you, or any party through you, intend to make use of.


  1. Without derogating from the generality of the aforementioned you in particular acknowledge and agree - given the physical nature of the Company’s products and/or services – that the use of the products and/or services accessed through this platform is to be cleared with a suitably qualified healthcare professional prior to making use of any of the content, products and/or services of the Company


  1. Users accessing the content, products and/or services of the Company on any media platform (including this website) must be at least 18 (eighteen) years of age.


  1. The Company makes no warranties, representations and/or claims that the content, products and/or services of the Company either on this website or other platforms may be lawfully accessed in any specific location globally. In this regard, you specifically acknowledge and agree that the content, products and/or services may require authorization and/or registration in your country or region and by agreeing to these terms and conditions you agree and undertake to assume full liability and be solely responsible for the lawful use of the content, products and/or services of the Company in accordance with the applicable laws and regulations of your country or region.


  1. You hereby acknowledge and agree that the contents, products and services of the Company are offered only for video streaming and related materials and are only a conduit for video streaming and related materials.


  1. Each user is solely responsible for deciding whether the services offered are suitable for your own purposes and whether the Services match your needs.


  1. The Company grants you a limited, non-exclusive license to access and use the content, products and services for your own personal and non-commercial purposes. This includes rights to view content on the Company’s website and applications.


  1. If you elect to access any component of the services for which there is a fee, you agree to pay all fees and charges associated with your account on a timely basis. All such fees and charges (including any taxes and late fees, as applicable) will be charged on your credit card. Each user agrees to maintain valid credit card information as part of your account information when applicable.


  1. RATES, PRICES, PAYMENT & BILLING


3.1 Any and all rates and/or prices displayed on this website are subject to change and are merely intended to serve as guidelines.


3.2 Only quotations furnished directly to a user upon enquiry, either through the website or other electronic communications, constitute legal offers.


3.3 In addition to the aforementioned, the user acknowledges and agrees that quotations are subject to change and while The Company endeavours to display accurate prices at all times, pricing errors do occasionally occur. In such circumstances, The Company reserves their right to reprice, on reasonable notice to the user, even if the amount is included in a quotation or has already been paid.


3.4. The digital content available under specific payment plans, including pay-per-view, subscription, membership, or rent will change from time to time at the sole discretion of the Company. The Company makes no guarantee as to the availability of a specific payment plan.


3.5. By purchasing a payment plan, you expressly agree that we are authorized to charge your selected payment plan on the Payment Method you designate. You can update and/or change this information at any time by logging into your video library and clicking the settings tab under the username.


3.6. Receipts are sent once the charge is successful to the registered e-mail account. Your subscription will continue in effect unless and until you cancel your subscription or we terminate it. You must cancel your payment plan according to the terms of that specific plan prior to the next charge in order to avoid billing.


5. YOUR RESPONSIBILITIES

5.1 You hereby acknowledge that you are fully aware of, understand and accept the responsibilities of using a self-service training website like this site.


5.2 The user’s responsibilities in making use of this website, the contents thereof and/or the Company’s products and services include the following:

  • ensuring the selection of the correct product and/or service as it relates to your requirements and in particular ensuring the suitability of the Company’s products and/or services in so far as it relates to your requirements, having particular regard to age, health, build, level of fitness or any other relevant factor

  • checking that accurate details have been supplied and captured in your requests

  • ensuring that all the necessary permissions and authorizations for the use of the Company’s products and services have been obtained by your healthcare professional

  • understanding and ensuring compliance with region-specific rules and regulations in so far as use of the Company’s products and services in your region might be concerned

  • ensuring the eligibility and suitability of possible third-party users of the Company’s products and/or services through you, particularly taking into account the age, health, build, level of fitness or any other relevant factor of such person

  • any other factors which might influence your ability to make safe and/or effective use of the Company’s services and/or products

5.3 This website, the contents thereof and/or the products and services of the Company may only be used for lawful purposes, and


5.3.1 The Company specifically prohibits any and all unlawful or illegal use of this website, its content and/or the products and services of the Company and you agree not to use, or cause to be used by a third party through you, any of the content, services and/or products for any purposes other than that which the particular product or service is designated for by the Company;


5.3.2 Without derogating from the generality of the aforementioned, any user of this website, its contents or the products and services of the Company are strictly, and under penalty of law, prohibited from violating or attempting to violate the security of this website, its contents and/or the products and services of the Company or any of the other users including but not limited to:


5.3.2.1 accessing data not intended for you or logging into a server or account which the user is not authorized to access;

5.3.2.2 attempting to probe, scan or test the vulnerability of a system or network relating to this website and the products or services of the Company or to breach any security or authentication measures;

5.3.2.3 attempting to interfere with the access to content, products and/or services of the Company to any other user, host or network including but not limited to submitting a virus or any other malware to this platform or its contents, overloading, “flooding”, “spamming”, “mailbombing” or “crashing” or any other act that would negatively impact on the running or use of this platform

5.3.2.4 Forging or attempting to forge TCP/IP packet header or any part of the header information in any form of electronic communication or news group posting;

5.3.2.5. scraping or harvesting of any data; and/or

5.3.2.6 the use of “robots” or other electronic means to skew payouts


5.4. Any and all violations of system or network security or inappropriate conduct may result in civil- or criminal liability. The Company hereby reserves its rights to fully investigate occurrences the may involve any possible violations and will involve and cooperate with law enforcement entities in prosecuting users who are found to be involved in any of such violations.


5.5. You are solely responsible for your conduct in the community forum. The Company encourages a welcoming and peaceful environment where all participants are treated with respect. Healthy debates and differences of opinion are natural, but kindness and compassion will at all times be required to create an environment where all users feel safe.


5.6. Bullying of any kind is strictly forbidden and degrading comments, particularly but not limited to degrading comments about matters concerning race, religion, culture, sexual orientation, gender or identity will under no circumstances be tolerated


5.7. The Company does not allow promotions or any other marketing related matter of your own business or businesses not specifically affiliated with the Company, including but not limited to promotions, self-promotion, spam and/or links to third-party website, content, products and/or services – whether in direct competition to the Company or otherwise.


5.8. If you, or any person making use of the Company’s website, products and/or services personally experience or witness any other user experience any unlawful and/or inappropriate behaviour, you are encouraged to report such behaviour to our community administrators immediately.


5.9. By accepting these terms and conditions you further acknowledge and agree that any and all contributions you make to this website and its contents will be accessible to the public.


5.10. The above is by no means intended to be an exhaustive list of the user’s responsibilities and the implications of making use of this platform, its contents and the products and services of the Company, but is merely illustrative thereof and by making use of the aforementioned you have agreed to be held and bound by these terms and conditions and to follow our community guidelines and the Company hereby strictly reserves its rights to, at its sole and absolute discretion, suspend or remove your account for any failure on your part to adhere to these terms and the community guidelines.


6. TERMS OF THIRD PARTY SUPPLIERS

6.1 In addition to these terms and conditions, each third-party to which reference is made in the Company’s content might have their own Terms and Conditions that apply to your use of such supplementary products and/or services. It is your responsibility to familiarise yourself with the Terms and Conditions of such third-party before making use of any such supplementary products and/or services.


6.2 In the event that a third party elects not to apply additional Terms and Conditions to your use of their product and/or service, or the Third party’s Terms and Conditions differ materially from these terms and conditions, the terms and conditions herein contained will supercede the additional terms and conditions imposes by such third party and these terms and conditions shall remain of full force and effect and shall continue to apply to your use of this platform, its contents and the products or services of the Company.

7. ACCEPTING INSTRUCTION

7.1 The Company may accept instructions relating to the ordering of any of its products and/or services from any party with access to the email account or cell phone number used to traverse this platform, or with substantive knowledge of the order and/or request (such as the reference number).


8. USER INFORMATION


8.1 You are solely responsible for the information you input or upload to the website and warrant and represent that you have the right and authorization to register for the content and services and to post same under User Generated Content.

8.2. The Company reserves the right, in its sole discretion, to decide whether the information you input or upload is appropriate and complies with the terms of service, other Company policies, and applicable laws and regulations.

8.3. If you register for the services, you will be asked to provide certain information, including but not limited to a valid email address. You warrant and represent that all such information is current and accurate and will be kept up-to-date.

8.4 Your privacy rights are set forth in our Privacy Policy located at https://kezawellness.uscreen.io/pages/privacy-policy. The Company reserves the right to offer Company or third-party services and products to you based on the preferences that you identify in your registration and at any time thereafter, unless you opt-out of receiving third-party services and products.

9. USERNAME/PASSWORD/SECURITY


9.1. You are solely responsible for maintaining the confidentiality of your information as it relates to the use of this website and the Company’s products and services, including your username and password, and are responsible for all uses of your username and password whether or not authorized by you.


9.2. If you wish to have someone else use your device, it is important you always log out so no other individual will have access to your content.


9.3. You hereby agree to immediately notify the Company of any unauthorized use of your username and password.


10. ACCESS TO SERVICES – SUBSCRIPTIONS & PURCHASES


10.1. The Company may allow you to access digital content on a pay-per-view basis, subscription basis, rent, or purchases.


10.2. The basis on which digital content is available on the platform will be indicated on the product detail page for which you may purchase the digital content.

10.3. Subject to your payment of any applicable fees, purchases, subscriptions, rent or pay per view, the Company grants you a non-exclusive, non-transferable, personal, non-sublicensable, limited right and license to view the video stream based upon the applicable fees, purchases, subscriptions, rent or pay per view selected by you.

10.4. The Company makes no guarantees as to the resolution and quality of your digital content when streaming. You acknowledge yourself to be aware of the fact that the quality and speed of your stream of digital content have many different variables, including but not limited to your connection speed, location, download speeds, devices, player, and bandwidth.


11. USER COMMENTS AND SUGGESTIONS


11.1. While the Company values user feedback, we request that you be specific in your comments and do not submit general creative ideas, inventions, or suggestions.

11.2. If, despite our request, users send general creative ideas, inventions, or suggestions, all such submission shall become the property of the Company in whole or in part.


11.3 This means that the Company shall own exclusively all now known or later discovered rights to the submissions and shall be entitled to unrestricted use of the submissions for any purpose whatsoever, commercial or otherwise, without compensation to users or any other third party.

11.4. No part of the submissions shall be subject to any obligation of confidence, and the Company shall not be liable for any use or disclosure.


12. INTELLECTUAL PROPERTY


12.1. KezaWellness.com and any other KezaWellness.com trademarks and trade names, and any variations thereof, are and shall remain the trademarks and trade names and exclusive property of KezaWellness.com (a wholly owned subsidiary of Kezakineticz Limited), and any unauthorized use of such trademarks and trade names is strictly prohibited.

12.2. The content, products and services (including without limitation all programs, compiled binaries, interface layout, interface text, documentation, resources, and graphics) is the sole and exclusive property of the Company and is protected by copyright, trademark, and other intellectual property common and statutory laws.

12.3. You acknowledge and agree that the Company owns and retains all rights to the content, products and services and that its content is solely owned and controlled by the content provider and all such material is protected and copyrighted, trademarked, and protected by copyright, trademark, and other intellectual property common and statutory laws.

12.4. You may not sell, modify or market the content, products and/or services or reproduce, display, publicly perform, distribute, or otherwise use the aforementioned intellectual property in any way for any purpose other than lawful use as envisaged by the Company.


13. SOCIAL NETWORKING


Users may have the option to Twitter, Facebook, or other social networking services through the services to share links and content. Users undertake this option as their sole responsibility, including but not limited to complying with all of the terms and conditions of the respective social networking services.


14. COPYRIGHT INFRINGEMENT NOTIFICATION


14.1. If you believe that any copyrighted work is accessible through the Services in a way that constitutes copyright infringement, please notify the Company by providing it with the following information:

14.1.1 The physical or electronic signature of either the copyright owner or of a person authorized to act on the owner's behalf;

14.1.2 A description of the copyrighted work you claim has been infringed, and a description of the activity that you claim to be infringing;

14.1.3 Identification of the URL or other specific location on the Services where the material or activity you claim to be infringing is located or is occurring; You must include enough information to allow us to locate the material or the activity;

14.1.4 Your name, address, telephone number, and e-mail address;

14.1.5 A statement by you, made under penalty of perjury, that (i) the information you have provided is accurate and that you are the copyright owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and (ii) you have a good faith belief that use of the copyrighted materials is not authorized by the copyright owner, any agent of the copyright owner, or the law.


14.2. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you can log a dispute with the Company by submitting a counter-notice that includes the following:

14.2.1. Your name and address, and telephone number;

14.2.2. The source address of the removed content;

14.2.3 A statement under penalty of perjury that you have a good faith belief that the content was removed in error; and

14.2.4 A statement that you consent to the jurisdiction of a district court for the judicial district in which your address is located, or if your address is outside of the United Kingdom, for any judicial district in which the Website may be found, and that you will accept service of process from the person who provided the original complaint.


14.3. Please note that you are prohibited, by law, to submit a false or materially misleading complaint or dispute, and any such false or misleading submission will result in civil and criminal liability


15. USE OF SOFTWARE


15.1. If the content, products and/or services require or include downloadable software such as an application or use of software provided by the Company for publishers, the Company grants a personal, limited, non-exclusive and non-transferable license to use the Software, all portions thereof, all documentation, and all updates (individually and collectively the “Software”) only for the purposes relating to video streaming and related activities through this platform.

15.2. Users shall not modify, alter, create derivative works, decompile, reverse engineer, disassemble, include in other software, translate the Software, or use the Software for any other purpose.

15.3. Users shall not copy, reproduce, transmit, rent, lease, resell, sublicense, assign, distribute, or otherwise transfer the Software or this license.

15.4. This License does not allow users to use the Software on any device that the user does not own or control, and user may not distribute or make the Software available over a network where the Software could be used by multiple devices at the same time.

15.5. Users agree that the Software, including the specific design and structure, constitute proprietary and confidential information, trade secrets, and/or intellectual property of the Company. You agree not to disclose, provide, or otherwise make available such proprietary and confidential information, trade secrets, or copyrighted material in any form to any third party, or use the proprietary and confidential information, trade secrets, or copyrighted material for your benefit or for the benefit of any third party.

15.6. Users acknowledge and agree that the use of the Software may require KezaWellness.com or its subsidiaries to acquire user’s mobile phone number and perhaps additional such information to obtain access Software.

15.7. Users agree that the Company may collect and use technical data and related information that is gathered periodically to facilitate the provision of updates, product support, and other services. The Company may use this information, as long as it is in a form that does not personally identify a user.

15.8. The Company shall have the right, and you agree, that in its sole discretion and with reasonable posted notice and/or sent to your email address, to revise, automatically update, or otherwise modify the Software, at any time. Users continued use of the Software constitutes acceptance of and agreement to such changes.

15.9. This License is effective until terminated by the user or the Company at its sole discretion. User’s rights under this license will terminate automatically without notice if the user fails to comply with any terms of this License. Upon termination, the user shall cease all use of the Software and delete all versions of the Software possessed by the user.




  1. CANCELLATION/TERMINATION OF USER ACCESS AND ACCOUNT


Termination by you


  1. You may cancel this agreement and any subscription you might have with the Company at any time after commencement of this agreement by giving the company not less than thirty (30) days written notice of your intention to cancel your subscription to the Company’s content, products and/or services.


Termination by the Company


  1. The Company may at its sole discretion and with immediate effect terminate any user account or cancel user access to any and all Company platforms, contents, products and/or services.


  1. Without derogating from the generality of the aforementioned, the Company shall be entitled to so terminate a user account or cancel user access for any one or more of the following reasons:


  1. Failure by you to make payment of any amount due in terms of these terms and conditions timeously as and when it becomes due;

  2. Upon you, or any person making use of the content, products and/or services through you, breaching any of the provisions of these terms and conditions or any other policy of the Company or any of its affiliates;

  3. Upon you, or any person making use of the content, products and/or services through you, conducting yourselves in a manner, which the Company in its sole discretion, considers unacceptable;


  1. Should your user account and/or user access be terminated with cause, including but not limited to the aforementioned instances, the Company shall be entitled to retain any and all unallocated payments made by you to the Company and shall the Company have no obligation to provide you with a refund of any amounts paid to the Company


  1. In addition to the aforementioned and should your booking be terminated with cause as contemplated herein, you will be liable for any unpaid amount(s) in respect of the remainder of the subscription period.


  1. The Company may further terminate your user account and/or user access and/or subscription with reasonable prior notice due to circumstances outside of the Company’s control, in which case you will be entitled to a refund of moneys paid, provided that no access to the Company’s content, products and/or services were granted as a result of the aforementioned circumstances falling outside of the Company’s control.


  1. USER’S WARRANTY


  1. You hereby warrant that you have no disability, impairment, injury, disease or other condition materially preventing you from making use of the Company’s content, products and/or services or which could cause increased risk of injury or other adverse health consequences as a result of your use of the Company’s content, products and/or services.


  1. You, on behalf of yourself and any dependant and/or guest, hereby assume full responsibility for your use of any of the Company’s content, products and/or services or the use of any of the Company’s platforms and you expressly indemnify the Company, its affiliates, agents and employees against any and all liability of whatsoever nature (including but not limited to injury, damage to property, theft or loss) arising from your use of the Company’s content, products and/or service or any activities incidental to such use.


  1. In addition to the aforementioned, you acknowledge and agree that, the use of certain of the Company’s content, products and/or services through this website or any other platform (for example any product or service that requires physical exercise) includes inherent risks of injury, loss and/or theft and you acknowledge that you are fully aware of and accept the risks associated therewith.


  1. You expressly acknowledge yourself to be aware of, and accept the risks, associated to the following eventualities (which is by no means intended to be an exhaustive list):


  1. Participation by you, your dependants and/or your guests in, any activities, programmes, classes and/or events;

  2. Any instructions directed to you during the course and scope of service provided to you by any third party service provider included in and to the Company’s products and/or services;

  3. Medical disorders that may occur during the use of the Company’s content, products and/or services including but not limited to heart attack, stroke, death, sprains, broken bones, etcetera;

  4. Possible occurrence of accidents in or around the area where you make use of the Company’s content, products and/or services or when travelling to and from any destination where you intend to make use of the Company’s content, products and/or services;

  5. Possible theft or loss of property, inclusive of the theft or loss of the Company’s content, products and/or services, particularly but not limited to possible theft and/or loss of the Company’s content, products and/or services through risks posed by Cyber Crime – the full extent of which you acknowledge yourself to be aware of;


  1. DISCLAIMER


  1. THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE PLATFORM, CONTENTS, PRODUCTS AND/OR SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

  2. THE COMPANY DOES NOT WARRANT THAT THE SERVICES WILL MEET USER REQUIREMENTS OR BE OF BENEFIT, THAT THE OPERATION OF SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SERVICES ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, NEITHER THE COMPANY NOR ITS SUBSIDIARIES ARE RESPONSIBLE FOR THOSE COSTS ASSOCIATED WITH THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA.

  3. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE SERVICES OR USER GENERATED CONTENT OFFERED OR ANY OTHER CONTENT ACCESSED THROUGH THE SERVICES.

  4. THE TRANSMISSION OF DATA OR INFORMATION INCLUDING COMMUNICATIONS BY E-MAIL OVER THE INTERNET OR OTHER PUBLICLY ACCESSIBLE NETWORKS IS NOT SECURE, AND IS SUBJECT TO POSSIBLE LOSS, INTERCEPTION OR ALTERATION WHILE IN TRANSIT. ACCORDINGLY, THE COMPANY DOES NOT ASSUME ANY LIABILITY FOR ANY DAMAGE USERS MAY EXPERIENCE OR COSTS USERS MAY INCUR AS A RESULT OF ANY TRANSMISSIONS OVER THE INTERNET OR OTHER PUBLICLY ACCESSIBLE NETWORKS, SUCH AS TRANSMISSIONS INVOLVING THE EXCHANGE OF E-MAIL OR ANY OTHER FORMAT. IN NO EVENT WILL SUCH DATA OR INFORMATION BE DEEMED TO BE CONFIDENTIAL, CREATE ANY FIDUCIARY OBLIGATIONS ON THE COMPANY’S PART, OR RESULT IN ANY LIABILITY TO YOU IN THE EVENT THAT SUCH INFORMATION IS INADVERTENTLY RELEASED OR ACCESSED BY THIRD PARTIES WITHOUT CONSENT.

  5. THE COMPANY TAKES NO RESPONSIBILITY WHATSOEVER FOR THE INFORMATION YOU HAVE UPLOADED TO ANY OF THE COMPANY’S PLATFORMS AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE DELETION, CORRECTION, DESTRUCTION, DAMAGE, OR LOSS OF SUCH INFORMATION, OR FAILURE TO STORE ANY OF SUCH INFORMATION. NOR IS THE COMPANY RESPONSIBLE FOR LOSS OF INFORMATION THROUGH THE ACTION OF ANY THIRD PARTY OR BECAUSE OF CIRCUMSTANCES BEYOND THE COMPANY'S CONTROL. ALL USERS ARE EXPECTED TO HAVE THEIR OWN BACKUP OF ALL OF THEIR INFORMATION.

  6. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, USER UNDERSTANDS AND AGREES THAT NEITHER THE COMPANY NOR ANY OF ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, REPRESENTATIVES, CONTRACTORS OR AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM USE OF THE COMPANY’S PLATFORMS, CONTENT, PRODUCTS AND/OR SERVICES OR FROM ANY ACTIONS THE COMPANY TAKES OR FAILS TO TAKE. THESE INCLUDE BUT ARE NOT LIMITED TO: DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, LOST PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, UNAUTHORIZED ACCESS TO AND ALTERATION OF TRANSMISSIONS AND DATA, BODILY INJURY, EMOTIONAL DISTRESS AND OTHER TANGIBLE AND INTANGIBLE LOSSES. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS SERVICES OR USE OF THE SERVICES, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED THE AMOUNT, IF ANY, PAID FOR THE SERVICES.

  7. THE COMPANY IS NOT RESPONSIBLE FOR DELETION OR LOSS OF FILES OR INFORMATION UPLOADED TO THE SERVICES. ALL USERS ARE EXPECTED TO HAVE THEIR OWN BACKUP OF ALL FILES AND INFORMATION UPLOADED TO THE SERVICES.


  1. FORCE MAJEURE


19.1. Despite any other provision of these terms and conditions to the contrary, no party need act if it is impossible to do so owing to any cause beyond his/her/its reasonable control (including, without limitation, war, riot or natural disaster). The non-performing party agrees to notify the other promptly after it determines that it is unable to act.


21. CREDIT CARD PAYMENT OPTIONS

21.1 The merchant outlet country at the time of presenting payment options to the cardholder is United Kingdom. Transaction Currency is British Pounds (GBP).


21.2 Among the other forms of payment accepted by The Company, payment may be made via Visa or MasterCard credit cards. The Company takes measures to ensure that payment with a credit card on The Company website is secure. The primary actions taken to ensure this security are as follows:

  • Credit card transactions will be acquired and facilitated for The Company via Stripe Inc. (www.stripe.com)

  • The Company does not store any complete credit card details on our system. Credit card details are forwarded to Stripe, Inc. who authorises the transaction

  • The Company and Stripe, Inc. use strict encryption. No credit card details are ever sent via unsecured methods such as email.

21.3 Save as otherwise provided for in this agreement, the rules, processes and procedures of Stripe, Inc. and the relevant paying bank, clearing bank and card association shall apply to all payments and transactions concluded on this website and your rights and obligations in respect of payments due to or by you shall be governed accordingly.


21.4. Notwithstanding The Company adhering to the above primary measures, you hereby indemnify and do not hold The Company liable for any loss, damage or liability of any nature arising from payments and transactions concluded on this website.


21.5. For more information on the methods and processes utilized by Stripe, Inc. to facilitate payments, please visit www.stripe.com 

22. FEES AND COMMISSIONS

22.1 You hereby acknowledge and agree that the Company may charge you administration fees for specific services related to subscriptions and/or other uses of the platforms, contents, products and/or services of the Company, including but not limited to administration fees for creating, modifying, amending or terminating your user account, user access or subscription(s).


22.2 In addition to the above it is expressly acknowledged and agreed that the Company may receive payments or commissions from third party suppliers in relation to your use of this website.


22.3 The Company may from time to time offer additional services and/or packages through the use of third party suppliers whilst acting as an agent of a the third party supplier. You acknowledge and agree that such third party suppliers are their own legal entity and that utilising such content, products, services and/or packages will be subject to supplier specific terms and conditions which may supersede these terms and conditions.


23. GOVERNING LAW


23.1. These terms and conditions, and your use of the Company’s platforms, content, products and/or services arising therefrom, shall be governed by and construed in accordance with the laws of the United Kingdom, without regard to its conflict of legal principles. Users consent to the exclusive jurisdiction and venue of the courts and other applicable fora located in the United Kingdom and otherwise vested with the necessary monetary jurisdiction in all disputes arising out of or relating to the Company’s platforms, content, products and/or services.


24. MISCELLANEOUS


24.1. You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company or any of its affiliates and/or subsidiaries as a result of these terms and conditions or your use of the Company’s platforms, content, products and/or services.


24.2. These terms and conditions constitute the entire agreement between you and the Company with respect to the subject matter herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties.

24.3. No amendment to or modification of these terms and conditions will be binding unless made in writing and signed by a duly authorized representative of the Company. Any translation of these terms and conditions are done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of these terms and conditions shall govern.

24.4. You acknowledge and agree that the neither the Company, nor any of its affiliates and/or subsidiaries, will be responsible or liable for any failure to perform, or delay in performance of, any of our obligations under these terms and conditions that is caused by any event or circumstance beyond our reasonable control.

24.5. Should any of the terms and conditions of this agreement be held to be invalid, unlawful or unenforceable, such terms and conditions will be severable from the remaining terms and conditions of this agreement, which will continue to be valid and enforceable.