Terms & Conditions
These Terms and Conditions (“Terms”) constitute a legally binding agreement made between You, whether personally or on behalf of an entity (as applicable, “You”, “Your” or “Yourself”) and Paragon Qatar W.L.L. and its subsidiaries and affiliates (“We,” “Us” or “Our”), concerning Your access to and use of the website viz. www.paragonqatar.com as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).
You agree that by accessing the Site, You have read, understood, and agree to be bound by all of these Terms and Conditions. If You do not agree with all of these Terms and Conditions, then You are expressly prohibited from using the Site and You must discontinue use immediately.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in Our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason.
We will alert You about any changes by updating the “Last updated” date of these Terms and Conditions, and You waive any right to receive specific notice of each such change from Us.
It is Your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by Your continued use of the Site after the date such revised Terms and Conditions are posted.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Us to any registration requirement within such jurisdiction or country.
Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
Any use of the Site in violation of the foregoing violates these Terms and Conditions and may result in, among other things, termination or suspension of Your rights to use the Site.
1. AGE RESTRICTIONS
You must be at least 18 years of age to use this Site. The Site is intended for users who are major by their age in the jurisdiction in which they reside. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) shall not use the Site. By using this Site, You agree that are a major by age and can legally bound by these Terms. We assume no responsibility or liability for any misrepresentation of Your age.
2. USE OF THE SITE
The Site provides information about various logistic services and may also facilitate provision such services through the Site. We may refuse to provide services to You at Our own sole discretion. We do not screen other users who access the Site and You assume full responsibility while dealing with other users with whom You come into contact while using the Site.
3.INTELLECTUAL PROPERTY RIGHTS
- 3.1 Unless otherwise indicated, the Site is Our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, copyright, logos, patents and other intellectual property rights contained therein (the “Marks”) are owned or controlled by Us.
- 3.2 The Content and the Marks are provided on the Site “AS IS” for Your information and personal use only. Except as expressly provided in these Terms, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without Our express prior written permission.
- 3.3 Provided that You are eligible to use the Site, we are giving You a limited access to the Site for Your personal, non-commercial use. We reserve all rights not expressly granted to You in and to the Site, the Content and the Marks.
- 3.4 If You believe that any material available on or through the Site infringes upon any intellectual property rights You own or control, please immediately notify Us.
- 4.1 You may use the Site only for lawful purposes. You shall not use the Site:
- i) In any way that breaches any applicable local, national or international law or regulation.
- ii) In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
- iii) To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam).
- iv) To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware
- v) You will not access the Site through automated or non-human means, whether through a bot, script, or otherwise;
- 4.2 You also agree:
- i) Except as permitted here, not to reproduce, duplicate, copy any part of the Site.
- ii) Not to access the Site through automated or non-human means, whether through a bot, script, or otherwise.
- iii) Not to provide any information that is untrue, inaccurate, not up to date or incomplete.
- iv) Not to access without authority, interfere with, damage or disrupt:
- - any part of Site;
- - any equipment or network on which Site is stored; or
- - any software used in the provision of the Site.
- v) Not to circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
- vi) Not to engage in unauthorized framing of or linking to the Site.
- vii) Not to trick, defraud, or mislead Us and other users, especially in any attempt to learn sensitive account information such as passwords;
- viii) Not to make improper use of Our support services or submit false reports of abuse or misconduct.
- ix) Not to engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- x) Not to interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
- xi) Not to attempt to impersonate another user or person or use the username of another user.
- xii) Not to sell or otherwise transfer Your profile.
- xiii) Not to use any information obtained from the Site in order to harass, abuse, or harm another person.
- xiv) Not to use the Site as part of any effort to compete with Us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
- xv) Not to decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
- xvi) Not to attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
- xvii) Not to harass, intimidate, or threaten any of Our employees or agents engaged in providing any portion of the Site to You.
- xviii) Not to delete the copyright or other proprietary rights notice from any Content.
- xix) Not to use the Site for any harmful purpose.
- xx) Except as may be the result of standard search engine or Internet browser usage, not to use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
5. USER REGISTRATION
You may be required to register with the Site. You agree to keep Your password confidential and will be responsible for all use of Your account and password. We reserve the right to remove, reclaim, or change a username You select if We determine, in Our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
6. USER GENERATED CONTRIBUTIONS
- 6.1 The Site may invite You to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide You with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to Us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions").
- 6.2 Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions You transmit may be treated as non-confidential and non-proprietary. When You create or make available any Contributions, You thereby represent and warrant that:
- i) The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of Your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- ii) You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize Us, the Site, and other users of the Site to use Your Contributions in any manner contemplated by the Site and these Terms.
- iii) Your Contributions are not false, inaccurate, or misleading.
- iv) Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- v) Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by Us).
- vi) Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- vii) Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
- viii) Your Contributions do not violate any applicable law, regulation, or rule.
- ix) Your Contributions do not violate the privacy or publicity rights of any third party.
- x) Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
- xi) Your Contributions do not violate any law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
- xii) Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
- xiii) Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms and Conditions, or any applicable law or regulation.
7. CONTRIBUTION LICENSE
- 7.1 By posting Your Contributions to any part of the Site [or making Contributions accessible to the Site by linking Your account from the Site to any of Your social networking accounts], You automatically grant, and You represent and warrant that You have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, Your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
- 7.2 This license will apply to any form, media, or technology now known or hereafter developed, and includes Our use of Your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images You provide. You waive all moral rights in Your Contributions, and You warrant that moral rights have not otherwise been asserted in Your Contributions.
- 7.3 We do not assert any ownership over Your Contributions. You retain full ownership of all of Your Contributions and any intellectual property rights or other proprietary rights associated with Your Contributions. We are not liable for any statements or representations in Your Contributions provided by You in any area on the Site.
- 7.4 You are solely responsible for Your Contributions to the Site and You expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against Us regarding Your Contributions.
- 7.5 We have the right, in Our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor Your Contributions.
8. GUIDELINES FOR REVIEWS AND SUBMISSIONS
- 8.1 We may provide You areas on the Site to leave reviews or ratings. When posting a review, You must comply with the following criteria:
- i) You should have firsthand experience with the person/entity being reviewed;
- ii) Your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language;
- iii) Your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
- iv) Your reviews should not contain references to illegal activity;
- v) You should not be affiliated with competitors if posting negative reviews;
- vi) You may not post any false or misleading statements;
- vii) You may not organize a campaign encouraging others to post reviews, whether positive or negative.
- 8.2 We may accept, reject, or remove reviews in Our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by Us, and do not necessarily represent Our opinions or the views of any of Our affiliates or partners.
- 8.3 We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, You hereby grant to Us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
- 8.4 You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by You to Us are non-confidential and shall become Our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to You. You hereby waive all moral rights to any such Submissions, and You hereby warrant that any such Submissions are original with You or that You have the right to submit such Submissions. You agree there shall be no recourse against Us for any alleged or actual infringement or misappropriation of any proprietary right in Your Submissions
9. MOBILE APPLICATION LICENSE
- 9.1 If You access the Site via a mobile application, then We grant You a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by You, and to access and use the mobile application on such devices strictly in accordance with these Terms.
10. SOCIAL MEDIA
- 10.1 As part of the functionality of the Site, You may link your account with online accounts You have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing Your Third-Party Account login information through the Site; or (2) allowing Us to access Your Third-Party Account, as is permitted under the applicable terms and conditions that govern Your use of each Third-Party Account.
- 10.2 You represent and warrant that You are entitled to disclose Your Third-Party Account login information to Us and/or grant Us access to Your Third-Party Account, without breach by You of any of the terms and conditions that govern Your use of the applicable Third-Party Account, and without obligating Us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account.
- 10.3 By granting Us access to any Third-Party Accounts, You understand that (1) We may access, make available, and store (if applicable) any content that You have provided to and stored in Your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via Your account, including without limitation any friend lists and (2) We may submit to and receive from Your Third-Party Account additional information to the extent You are notified when You link Your account with the Third-Party Account.
- 10.4 Depending on the Third-Party Accounts You choose and subject to the privacy settings that You have set in such Third-Party Accounts, personally identifiable information that You post to Your Third-Party Accounts may be available on and through Your account on the Site.
- 10.5 Please note that if a Third-Party Account or associated service becomes unavailable or Our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site. You will have the ability to disable the connection between Your account on the Site and Your Third-Party Accounts at any time.
- 10.6 Please note that Your relationship with the third-party service providers associated with Your Third-Party Accounts is governed solely by Your agreement(s) with such third-party service providers.
- 10.7 We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and We are not responsible for any Social Network Content.
- 10.8 You acknowledge and agree that We may access Your email address book associated with a Third-Party Account and Your contacts list stored on Your mobile device or tablet or computer.
11. THIRD-PARTY WEBSITES AND CONTENT
- 11.1 The Site may contain (or You may be sent via the Site) links to other websites ("Third-Party Websites") as well as applications, software, articles, photographs, text, graphics, pictures, designs, music, sound, video, information and other content or items belonging to or originating from third parties ("Third-Party Content").
- 11.2 Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by Us, and We are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.
- 11.3 Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by Us. If You decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, You do so at Your own risk, and You should be aware these Terms no longer govern.
- 11.4 You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which You navigate from the Site or relating to any applications You use or install from the Site. Any purchases You make through Third-Party Websites will be through other websites and from other companies, and We take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.
- 11.5 You agree and acknowledge that We do not endorse the products or services offered on Third-Party Websites and You shall hold Us harmless from any harm caused by Your purchase of such products or services. Additionally, You shall hold Us harmless from any losses sustained by You or harm caused to You relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
- 12.1 We allow advertisers to display their advertisements and other information in certain areas of the Site, such as sidebar advertisements or banner advertisements. You understand that We simply provide the space to place such advertisements, and We have no other relationship with advertisers, and We don’t endorse their products or services.
- 12.2 If You are an advertiser, You shall take full responsibility for any advertisements You place on the Site and any services provided on the Site or products sold through those advertisements.
- 12.3 Further, as an advertiser, You warrant and represent that You possess all rights and authority to place advertisements on the Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights.
- 13.1 We reserve the right, but not the obligation, to:
- i) monitor the Site for violations of these Terms;
- ii) take appropriate legal action against anyone who, in Our sole discretion, violates the law or these Terms, including without limitation, reporting such user to law enforcement authorities;
- iii) in Our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of Your Contributions or any portion thereof;
- iv) in Our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to Our systems;
- v) in our sole discretion charge fee for any service we have provided through the Site.
- vi) otherwise manage the Site in a manner designed to protect Our rights and property and to facilitate the proper functioning of the Site.
15. TERM AND TERMINATION
- 15.1 These Terms shall remain in full force and effect while You use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS AND CONDITIONS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
- 15.2 If We terminate or suspend Your account for any reason, You are prohibited from registering and creating a new account under Your name, a fake or borrowed name, or the name of any third party, even if You may be acting on behalf of the third party.
- 15.3 In addition to terminating or suspending Your account, We reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
16.MODIFICATIONS AND INTERRUPTIONS
- 16.1 We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at Our sole discretion without notice. However, we have no obligation to update any information on Our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time.
- 16.2 We will not be liable to You or any third party for any modification, price change, suspension, or discontinuance of the Site.
- 16.3 We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors.
- 16.4 We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to You. You agree that We have no liability whatsoever for any loss, damage, or inconvenience caused by Your inability to access or use the Site during any downtime or discontinuance of the Site.
- 16.5 Nothing in these Terms will be construed to obligate Us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
18. LIMITATIONS OF LIABILITY
- 18.1 IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- 18.2 NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SEPCFIC TRANSACTION IN DISPUTE.
- 19.1 You agree to defend, indemnify, and hold Us harmless, including Our subsidiaries, affiliates, and all of Our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) Your use of the Site; (2) breach of these Terms and Conditions; (3) any breach of Your representations and warranties set forth in these Terms; (4) Your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom You connected via the Site.
- 19.2 Notwithstanding the foregoing, We reserve the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Us, and You agree to cooperate, at Your expense, with Our defense of such claims. We will use reasonable efforts to notify You of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
20. USER DATA
- 20.1 We will maintain certain data that You transmit to the Site for the purpose of managing the Site, as well as data relating to Your use of the Site. Although We perform regular routine backups of data, You are solely responsible for all data that You transmit or that relates to any activity You have undertaken using the Site.
- 20.2 You agree that We shall have no liability to You for any loss or corruption of any such data, and You hereby waive any right of action against Us arising from any such loss or corruption of such data.
21. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
- 21.1 Visiting the Site, sending Us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and You agree that all agreements, notices, disclosures, and other communications We provide to You electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.
- 21.2 YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.
- 21.3 You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
22. GOVERNING LAW, ARBITRATION AND DISPUTE RESOLUTION
- 22.1 These Terms and all acts and transactions pursuant hereto and the rights and obligations of Parties shall be governed, construed and interpreted in accordance with English law.
- 22.2 Ifat any time any issues or uncertainties arise, the Parties shall negotiate in good faith and agree to appropriate solutions so as to preserve the economic value / benefit hereunder of each Party. If the Parties are unable to reach a solution on any dispute or difference arising between the Parties hereto as to the effect, interpretation or application of the Agreement or as to their rights, duties or liabilities thereunder, or as to any act, matter or thing arising out of, or consequent to, or in connection with the Agreement, the dispute or difference as the case maybe shall be referred to and finally resolved by arbitration by a sole arbitrator to be appointed by Us. The arbitration proceedings shall be in accordance with the provisions of English Law or any subsequent enactment or amendment thereof. Such arbitration proceedings shall be conducted in the English Language.
- 22.3 Jurisdiction: Subject to Clause 22.2 (Dispute Resolution), any dispute or controversy arising out of this Terms shall, be subject to relevant jurisdiction.
- 23.1 These Terms and any policies or operating rules posted by Us on the Site constitute the entire agreement and understanding between You and Us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
- 23.2 These Terms operate to the fullest extent permissible by law. We may assign any or all of Our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond Our reasonable control.
- 23.3 If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
- 23.4 There is no joint venture, partnership, employment or agency relationship created between You and Us as a result of these Terms or use of the Site. You agree that these Terms will not be construed against Us by virtue of having drafted them.
- 23.5 You hereby waive any and all defenses You may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms and Conditions.
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please send us an email at email@example.com