Terms & Conditions
TERMS AND CONDITIONS WWW.HOUSEMYPET.COM
Date of last Update: 05th March, 2019
1.1 Please carefully read these Terms and Conditions (“Terms”) as they govern your use of our software applications, resources and services (“Services”), which allows pet owners (“Pet Owners”) and providers of pet-related services including sitters (“Pet Service Providers”) to find each other, communicate with each other, and arrange for the provision of pet sitting and pet care services (“Pet Services”). The Terms govern your use of the Services, whether you access them from our website at www.housemypet.com, our mobile application or mobile website (“Website”).
1.3 These Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you without our written permission. Any attempted transfer or assignment in violation hereof shall be null and void.
2. Acceptance of the Terms
2.1 Whenever you use our Services; register an account on the Website, and/or upload, submit, enter any information or material to the Website; or use our Website, by viewing, using, accessing, browsing, or submitting any content or material on it, including the webpages contained or hyperlinked therein and owned or controlled by the Website, whether through the Website itself or through such other media or media channels, devices, software, or technologies as the Website may choose from time to time; you agree to abide by these Terms, as amended from time to time with or without your notice.
2.2 We reserve the right to modify or discontinue, temporarily or permanently, and at any time, the Website and/or the Services (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website or Services.
2.3 We may modify these Terms from time to time, and any change to these Terms will be reflected on the Website with the updated version of the Terms and you agree to be bound to any changes to these Terms when you use the Website or the Services.
2.4 Also, occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information, and in any such case, we reserve the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice.
3. Terms of Service
3.1 The Service consists of an online platform in the form of Website, Web application, mobile application, and other related tools, support and services that Pet Owners and Pet Service Providers can use to find, communicate with and interact with each other. The Website connects pet owners with pet sitters who wish to provide Pet Services including but not limited to pet sitting and other similar per care services. We may charge Service Fee from both Pet Owners and Pet Service Providers whenever a Pet Owner hires the Pet Services of a Pet Service Provider through our Website.
3.2 The Website is not a service provider for pets. Rather it is only a platform that allows Pet Service Providers to offer their Pet Services directly to Pet Owners. We make no representations or warranties about the quality of boarding, pet sitting, pet walking, house sitting, transportation, or other services provided by Service Providers, or about your interactions and dealings between Pet Owners and Pet Service Providers. We neither employ, recommend or endorse Service Providers or Pet Owners, nor will we be responsible or liable for the performance or conduct of Service Providers or Pet Owners, whether online or offline. We conduct an initial review of Service Provider and Pet Owner profiles and we facilitate background checks, but, except where explicitly specified in these Terms (and then only to the extent specified), do not otherwise screen Service Providers or Pet Owners. Pet Owners should exercise caution and use their independent judgment before engaging a Service Provider, providing Pet Services, or otherwise interacting with users via the Service. Pet Owners and Service Providers are solely responsible for making decisions that are in the best interests of themselves and their pets. For example, each user of the Service is responsible for keeping current his or her own pet’s vaccinations, and we will have no liability for anyone’s failure to vaccinate his or her pet.
3.3 We hereby expressly disclaim, and you (including both Pet Owners and Pet Service Providers) hereby expressly release us from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm and/or damages arising from and/or in any way related to your interactions or dealings with other users and the acts and/or omissions of Per Service Providers and Pet Owners, whether online or offline. You acknowledge and agree that YOUR USE AND/OR PROVISION OF PET SERVICES IS AT YOUR SOLE AND EXCLUSIVE RISK AS THESE SERVICES ARE BEING PROVIDED BY PET SERVICE PROVIDERS ON “AS IS” BASIS.
3.4 Bookings: Pet Owners and Pet Service Providers transact with each other on the Service when they both agree to a “booking” that specifies the fees, time period, cancellation policy, and other terms for provision of Services via the booking mechanism provided on the Website. Once you complete a Booking, you agree to honor the price and other terms of that Booking.
3.5 Pet Owners are Solely Responsible for Evaluating Service Providers. Pet Owners are solely responsible for evaluating the suitability of Service Providers for the Pet Services they offer to provide. Though we offer a limited review of applications to become Service Providers and facilitates Service Provider background checks conducted by a third party, any such screening is limited, and we do not warrant that any such screen is accurate, complete, conclusive or up-to-date. Similarly, we do not endorse reviews of Pet Service Providers by other Pet Owners that may be available via the Service, and we make no commitments that such reviews are accurate or legitimate.
3.6 Legal Compliance: By accessing and using our Services, you certify that you: (1) are 18 years of age or older, and (2) will comply with all laws and ordinances applicable to your activities conducted through the Website. For Pet Owners, this means, among other things, that you will ensure that your pets are vaccinated and licensed as required by local law. For Pet Service Providers, this includes that you are legally eligible to work in the jurisdiction where you provide Pet Services, you have complied and will comply with all federal, state, county, municipal and other laws, statutes and ordinances that are applicable to you, and you have obtained all business licenses, permits, and fulfilled any other necessary requirements to legally provide the Pet Services. You acknowledge that we are entitled to rely on these commitments, and are not responsible to ensure that all users have met these eligibility conditions.
4. Fees and payments
4.1 Pet Service Providers may set the price of their Pet Services (“Booking Fee”¨) within the parameters permitted by the Service. A commission of 18% of the Booking Fee (the “Service Provider Commission fee”) will be paid by the Pet Service Provider to us which shall be subtracted from the Booking Fee before making of the payment to the Pet Service Provider. The Service Provider Commission fee shall only be charged from the Pet Service Provider at the time of the FIRST booking with the Pet Owner for every NEW pet client.
4.2 Pet Owners and Pet Service Providers agree that all Bookings (including, for the avoidance of doubt, new and repeat bookings) where the Pet Owner / Pet Service Provider first contacted the Pet Owner / Pet Service Provider via the Service (“Initial Contact”), must be made via the Service.
4.3 The Website will facilitate the payment of the Booking Fee (less any Service Provider Service Fee) from the Pet Owner to the Pet Service Provider. Transactions are between Pet Owners and Service Providers. The Service may be used to find and offer Pet Services and to facilitate payment, but all transactions conducted via the Service are between Pet Owners and Service Providers. We may offer escrow services whereby we shall first hold payment made by a Pet Owner while engaging services of a Pet Service Provider and once the services have been performed, we shall then release the amount to the Pet Service Provider. You agree that we have no liability for damages associated with Services (which may include bodily injury to, or death of, a pet) or resulting from any other transactions between users of the Service.
4.4 Cancellation: A Pet Owner or a Pet Service Provider may initiate a cancellation request within 24 hours of Booking. In such case, we may, on our own discretion, refund the Booking Fee. However, there shall be a cancellation of service charges applicable in such circumstances.
4.5 If a Pet Owner cancels a booking after 24 hours it shall be our sole discretion to decide as to whether such Pet Owner gets a refund or not and the Pet Owner shall not be entitle to question such decision.
4.6 If a Pet Service Provider cancels a booking after 24 hours, it shall be duty of such Pet Service Provider to find another pet sitter to take the booking otherwise we shall be entitled to suspend or block the account of such a Pet Service Provider on account of breach of these Terms.
5. Pet Owner and Pet Service Provider obligations
5.1 If you are a Pet Owner, you agree to the following:
5.1.1 You shall abide by any agreement reached between you and the Pet Service Provider including in particular the cancellation policy.
5.1.2 You shall provide all relevant information to any Pet Service Provider you are dealing with including, but not limited to, the following:
· Medical conditions or nutritional needs of your pet; and
· Unusual behavioural or similar issues including details of previous incidents of behaviour which is unusual or dangerous (including urinating or defecating indoors).
5.1.3 You must allow the Pet Service Provider at their request to visit and/or inspect your pet before commencing their Pet Service Provider Services.
5.1.4 If your pet is a dog, it is not subject to any control order or of a breed subject to the Dangerous Dogs Act 1991 or any other equivalent legislation and that you are in compliance with any other applicable law or regulation.
5.1.5 You shall ensure that your pet is of good health, has been vaccinated and that all precautions for flea, parasite and other transmittable diseases have been taken.
5.1.6 If you do not collect your pet from the Pet Service Provider at the end of the Pet Service Provider Services or if you did not provide the Pet Service Provider with the necessary details to allow them to perform the Pet Service Provider Services, then the Pet Service Provider shall be entitled to place your pet into alternative accommodation. You will be fully responsible for the costs of any such arrangements.
5.1.7 Once a booking has been confirmed (by either the Pet Owner or Pet Service Provider):
· You will be available to communicate with the Pet Service Provider and respond promptly to the Pet Service Provider’s queries relating to the Pet Services in order to allow for the smooth execution of the Pet Services.
· You will provide the Pet Service Provider with an alternative contact and details of your pet’s veterinarian in case of an emergency.
5.2 If you are a Pet Service Provider, you agree to the following in respect of any Pet Service Provider Services you supply:
5.2.1 Pet Services shall be supplied using reasonable skill and care, particularly in relation to the pet’s accommodation and welfare.
5.2.2 Pet Services shall be in accordance with applicable UK law and with any agreement reached between you and the Pet Owner.
5.2.3 You shall keep a register containing a description of any pets received into your care, date of arrival and departure, and the name and address of the Pet Owner.
5.2.4 You shall keep all pets on a lead in public areas unless in a zone where specifically permitted to walk pets off a lead.
5.2.5 To arrange for bookings in accordance with the following:
5.2.6 Once a booking has been confirmed (by either the Pet Owner or Pet Service Provider):
· You will be available to communicate with the Pet Owner and respond promptly to the Pet Owner’s queries relating to the Pet Service Provider Services in order to allow for the smooth execution of the Pet Service Provider Services.
· You will be available for a “Meet and Greet” (as described in our guidelines made available in the Service from time to time) with the Pet Owner before commencement of the Pet Service Provider Services.
· If the response or Meet and Greet obligations set out above are not adhered to, we may cancel the booking.
5.2.7 You acknowledge that if you breach these Terms of Service or any agreement with a Pet Owner, we at our sole discretion may cancel the booking, fully refunding the Pet Owner.
5.2.8 If a situation arises in the course of the Pet Services where the Pet Owner’s pet requires emergency veterinary care, the Pet Service Provider shall make reasonable efforts to inform the Pet Owner (or, where the Pet Owner is not available, the alternative contact provided by the Pet Owner).
5.3 Under no circumstances shall the Pet Owner or the Pet Service Provider bypass our Service or payment method. Doing so shall entitle us to ban your account permanently.
5.4 Pet Service Providers must not except cash. Any Pet Service Providers who do so will be liable to a £50 fine per pet and removed from our site.
5.5 Requesting or providing Email addresses, Business websites, Facebook ID, Skype/IM usernames, Telephone numbers or any other Personal contact details to communicate outside of our Website in order to circumvent or abuse our Website or Platform is not permitted.
5.6 We do not provide protection for users who interact outside of our Website.
6. Account Registration and Membership
6.1 In order to use some or all of the functionalities and Services provided through the Website, you may be required to register an account with the Website as mentioned above. At the time of registration of account, you will be asked to complete a registration form which shall require you to provide personal information such as name, address, phone number, email address, username and other personal information.
6.2 Upon verification of details, Website may accept account registration application.
6.3 You represent, warrant and covenant that: (i) you have full power and authority to accept these Terms, to grant any license and authorization and to perform any of your obligations hereunder; (ii) you will undertake the use the Website and Services for personal purposes only; and (iii) the address you provide when registering is your personal address.
6.3.1 You must not allow any other person to use your account to access the Website.
6.3.2 You must notify us in writing immediately if you become aware of any unauthorised use of your account.
6.3.3 You must not use any other person’s account to access the Website, unless you have that person’s express written permission to do so.
7. User IDs and passwords
7.1 If you register for an account with the Website, you will be asked to choose a user ID and password. Your user ID must not be misleading and must comply with the content rules set out in this document; you must not use your account or user ID for or in connection with the impersonation of any person.
7.2 You shall be responsible to maintain the confidentiality of your password and shall be responsible for all uses via your registration and/or login, whether authorized or unauthorized by you. You agree to immediately notify us of any unauthorized use or your registration, user account or password.
7.3 You must notify the Website by emailing us at email@example.com if you have reason to believe that your account is no longer secure for any reason (for example, in the event of a loss, theft or unauthorized disclosure or use of your password).
7.4 You are responsible for any activity and content on the account arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
8. Termination of Account and Discontinuation of Use
8.1 If you engage in Prohibited Conduct or otherwise violate any of the Terms, your permission to use the Website will be terminated.
8.2 You also agree that we may, at any time and without notice to you, suspend or revoke your access to and use of the Website, and any accounts you may have in connection with the Service including: (i) where we determine in our sole discretion that such action is reasonable in order to comply with legal requirements or to protect the rights or interests of Company or any third party; or (ii) in connection with any general discontinuation of the Services.
8.3We will have no liability whatsoever on account of any change to the Service or any suspension or revocation of your access to or use of the Website. You may terminate your account at any time by sending us an email to firstname.lastname@example.org.
9. Electronic Signature Consent
9.1 You agree that your “Electronic Signature” is the legal equivalent of your manual signature for this Agreement, thereby indicating your consent to do business electronically.
9.2 By clicking on the applicable button in the Website, you will be deemed to have executed these Terms electronically via your Electronic Signature with Company; effective on the date you first click to accept these Terms.
10. Electronic Delivery of Communications
10.1 You agree to receive communications from Website in electronic form. Such electronic communications may include, but will not be limited to, any and all current and future notices and/or disclosures that various laws or regulations require that we provide to you, as well as such other documents, statements, data, records and any other communications regarding your relationship with the Website.
10.2 You accept that the electronic documents, files and associated records provided via your account with Website are reasonable and proper notice, for the purpose of any and all laws, rules, and regulations, and you acknowledge and agree that such electronic form fully satisfies any requirement that such communications be provided to you in writing or in a form that you may keep. Website reserves the right to require ink signatures on hard copy documents from the related parties, at any time.
11. User Responsibility
11.1 Users are solely responsible for all of the transactions conducted on, through or as a result of use of the Website or Services.
11.2 You agree that the use of the Website and/or the Services are subject to all applicable local, state and federal laws and regulations. You also agree:
i. not to access the Website or services using a third-party’s account/registration without the express consent of the account holder;
ii. not to use the Website for illegal purposes;
iii. not to commit any acts of infringement on the Website or with respect to content on the Website;
iv. not to copy any content for republication in print or online;
v. not to create reviews or blog entries for or with any purpose or intent that does not in good faith comport with the purpose or spirit of the Website;
vi. not to attempt to gain unauthorized access to other computer systems from or through the Website;
vii. not to interfere with another person’s use and enjoyment of the Website or another entity’s use and enjoyment of the Website;
viii. not to upload or transmit viruses or other harmful, disruptive or destructive files; and/or
ix. not to disrupt, interfere with, or otherwise harm or violate the security of the Website, or any services, system restores, accounts, passwords, servers or networks connected to or accessible through the Website or affiliated or linked website.
x. not to use the Website in any way or take any action that causes, or may cause, damage to the Website or impairment of the performance, availability or accessibility of the Website;
xi. not to use the Website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
xii. not to use se the Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
xiii. not to conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Website without the express written consent of the Website owner;
xiv. not to access or otherwise interact with the Website using any robot, spider or other automated means;
xv. not to violate the directives set out in the robots.txt file for the website;
xvi. not to use data collected from the website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing);
xvii. not to infringe these Terms or allow, encourage or facilitate others to do the same;
xviii. not to plagiarize and/or infringe the intellectual property rights or privacy rights of any third party;
xix. not to disturb the normal flow of Services provided within the Website;
xx. not to create a link from the Website to another website or document without Company’s prior written consent;
xxi. not to obscure or edit any copyright, trademark or other proprietary rights notice or mark appearing on the Website;
xxii. not to create copies or derivate works of the Website or any part thereof;
xxiii. not to reverse engineer, decompile or extract the Website’s source code;
xxiv. not to remit or otherwise make or cause to deliver unsolicited advertising, email spam or other chain letters;
xxv. not to collect, receive, transfer or disseminate any personally identifiable information of any person without consent from title holder; and/or
xxvi. not to pretend to be or misrepresent any affiliation with any legal entity or third party.
11.3 In addition to the above clause, unless specifically endorsed or approved by the Website, the following uses and activities of and with respect to the Website are prohibited:
i. criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, or theft of trade secrets;
ii. transmitting chain letters or junk email;
iii. engaging in any automated use of the Website.
iv. interfering with, disrupting, or creating an undue burden on the Website or the networks or services connected or linked thereto;
v. attempting to impersonate another user or person;
vi. using the username of another user;
vii. selling or otherwise transferring your profile;
viii. using any information obtained from the Website in order to harass, abuse, or harm another person;
ix. deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Website;
x. attempting to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website;
xi. harassing, annoying, intimidating or threatening any the Website employees or agents engaged in providing any portion of the Services;
xii. using the Website in any manner inconsistent with any and all applicable laws and regulations.
xiii. Using data collected from the website to contact individuals, companies or other persons or entities.
xiv. Supplying false, untrue, expired, incomplete or misleading information through the Website.
11.4 You also acknowledge and accept that any violation of the aforementioned provisions may result in the immediate termination of your access to the Website and use of our Services, without refund, reimbursement, or any other credit on our part. Access to the Website may be terminated or suspended without prior notice or liability of Company. You represent and warrant to us that you have all right, title, and interest to any and all content you may post, upload or otherwise disseminate through the Website. You hereby agree to provide Company with all necessary information, materials and approval, and render all reasonable assistance and cooperation necessary for our Services.
12. Third party websites
12.1 The Website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations. Goods and services of third parties may be advertised and/or made available on or through this web site. Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties. The Website shall not be liable for or responsible in any manner for any of your dealings or interaction with third parties.
12.2 The management of the Website has no control over third party websites and their contents, and subject to the Terms it accepts no responsibility for them or for any loss or damage that may arise from your use of them.
12.3 The Website may contain links from third party websites. External hyperlinks to or from the site do not constitute the Website’s endorsement of, affiliation with, or recommendation of any third party or its website, products, resources or other information. The Website is not responsible for any software, data or other information available from any third party website. You are solely responsible for complying with the terms and conditions for the third party sites. You acknowledge that Company shall have no liability for any damage or loss arising from your access to any third party website, software, data or other information.
12.4 We do not always review the information, pricing, availability or fitness for use of such products and services and they will not necessarily be available or error free or serve your purposes, and any use thereof is at your sole risk. We do not make any endorsements or warranties, whether express or implied, regarding any third party websites (or their products and services). Any linked websites are ruled by their privacy policies, terms and conditions and legal disclaimers. Please read those documents, which will rule any interaction thereof.
13. Third party rights
13.1 A contract under the Terms is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
13.2 The exercise of the parties’ rights under a contract under the Terms is not subject to the consent of any third party.
13.3 You agree not to; modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, scrape, gather, market, rent, lease, re-license, reverse engineer, or sell any information published by other users without the original publishers written consent.
14.1 The trademarks, copyright, service marks, trade names and other intellectual and proprietary notices displayed on the Website are the property of – or otherwise are licensed to – Company or its licensors or affiliates, whether acknowledged (or not), and which are protected under intellectual and proprietary rights throughout the world. Respective title holders may or may not be affiliated with us or our affiliates, partners and advertisers.
14.2 No section hereof shall be construed as intent to grant to you any interest in the Website or our Services, in whole or in part. All content and materials included as part of the Services, such as images, photographs, graphics, texts, forms, lists, charts, guidelines, data, logos, code, icons, videos, audio and other content are the property of, are licensed to or are otherwise duly available to Company, its affiliates, its licensors or to the appertaining third party copyrights holder.
14.3 You acknowledge and agree that any and all infringing use or exploitation of copyrighted content in the Website and our Services may cause us, our affiliates, licensors or content providers irreparable injury, which may not be remedied solely at law, and therefore our affiliates, licensors or content providers may seek remedy for breach of these Terms, either in equity or through injunctive or other equitable relief.
15. Term and Termination
15.1 The term hereof shall begin on the date that comes first among: (i) first access to the Website; (ii) your first access or execution of our Services; or (iii) Company begins providing its Services to you.
15.2 The term hereof will automatically end on the earlier date of either your: (i) account deactivation, suspension, freezing or deletion; (ii) access termination or access revocation for our Services or the Website; (iii) Company’s termination of these Terms or its Services, at its sole and final discretion; (iv) the termination date indicated by Company to you from time to time; or (v) Company’ decision to make the Website or Services no longer available for use, at its sole and final discretion.
15.3 Upon expiration of these Terms or termination of your subscription to our Services, you shall thereafter immediately cease any and all use of our Services, along with any and all information and data collected therefrom.
16.1 Company hereby reserves the right to update, modify, change, amend, terminate or discontinue the Website, the Terms and/or the Policy, at any time and at its sole and final discretion. Company may change the Website’s functionalities and (any) applicable fees at any time. Any changes to these Terms will be displayed in the Website, and we may notify you through the Website or by email. Please, refer to the date shown above for the date where effective changes were last undertook by us. Your use of our Services after the effective date of any update– either by an account registration or simple use – thereby indicates your acceptance thereof.
17. No Warranty
17.1 Your use of our Website and Services is at your own risk, and therefore you hereby acknowledge and agree that our Website and Services are provided “as is”, “with all faults”, and “as available”, including all content, guides, checklists, reference guides, sample filing forms, software, materials, services, functions and/or information made available thereby. It shall be your own responsibility to ensure that the Services or information available through this Website meet your specific requirements.
17.2 Neither Company, nor its affiliates, subsidiaries, officers, employees and agents warrantee that the Website will be error-free, uninterrupted, secure, or produce any particular results; or that any listing, purchase, order, amount, information, guide, sheet, checklist and/or content will be current, measured useful and/or valid, or that it will produce any particular results or that the information obtained therefrom will be reliable or accurate. No advice or information given by Company or its employees, affiliates, contractors and/or agents shall create a guarantee. No warranty or representation is made with regard to such services or products of third parties contacted on or through the Website. In no event shall Company or our affiliates be held liable for any such services.
18. Liability and Indemnification
18.1 You acknowledge that we are not a party to any agreement between Pet Owners and Pet Service Providers. Accordingly, we shall not be liable for any breach of a contract between Pet Owners and Pet Service Providers. For the avoidance of doubt, the Pet Service Provider is solely responsible for carrying out the Pet Services. We assume no liability for any loss or damage suffered by a Pet Owner, including harm caused to their pet, which is caused by the Pet Service Provider’s action or inaction.
18.2 Pet Service Providers agree and accept liability for any loss or damage we may suffer in respect of any breach by Pet Service Providers of these Terms of Service or any agreement with Pet Owners.
18.3 Pet Service Providers agree to indemnify us for any loss or damage we may suffer as a result of any Pet Owner bringing any claim against us or taking any action against us as a result of any breach by Pet Service Providers of these Terms or any agreement with Pet Owners.
18.4 Pet Owners agree to indemnify us for any loss or damage we may suffer as a result of any claim or action brought against us as a result of any breach by Pet Owner of these Terms or any agreement with Pet Owners.
18.5 Our Services make available third party content such as User Content. As we do not produce such third party content, we cannot be responsible for it in any way. In particular, we cannot verify any claims made by a Pet Owner or Pet Service Provider.
18.6 Unfortunately, due to the nature of the Internet and technology, the Service is provided on an “as available” and “as is” basis. This means that we are unable to promise that your use of the Service will be uninterrupted, without delays, error-free or meet your expectations and we do not give any commitment relating to the performance or availability of the Service in these Terms and, to the extent we are able to do so, we exclude any commitments that may be implied by law.
18.7 In the event of a claim arising out of the provision of our Service, our responsibility to you will never be more than the total amount you have paid us.
18.8 In every case, we will never be responsible for any loss or damage that is not reasonably foreseeable.
19.1 Advertisements and Promotions. From time to time, we may place ads and promotions from third party sources in the Website. Accordingly, your participation or undertakings in promotions of third parties other than Company, and any terms, conditions, warranties or representations associated with such undertakings, are solely between you and such third party. Company is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third party advertisers on the Website.
19.2 Content Moderation. Company hereby reserves the right, at its sole and final discretion, to review any and all content delivered into the Website, and use moderators and/or any monitoring technology to flag and remove any user generated content or other content deemed inappropriate.
19.3 Force Majeure. Company is no liable for any failure of performance on its obligations as set forth herein, where such failure arises from any cause beyond Company’s reasonable control, including but not limiting to, electronic, power, mechanic or Internet failure, from acts of nature, forces or causes beyond our control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
19.4 Headings. The titles of paragraphs in these Terms are shown only for ease of reference and will not affect any interpretation therefrom.
19.5 No Waiver. Failure by Company to enforce any rights hereunder shall not be construed as a waiver of any rights with respect to the subject matter hereof.
19.6 No Relationship. You and Company are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.
19.7 Notices. All legal notices or demands to or upon Company shall be made in writing and sent to Company personally, by courier, certified mail, or facsimile, and shall be delivered to any address the parties may provide. For communications by e-mail, the date of receipt will be the one in which confirmation receipt notice is obtained. You agree that all agreements, notices, demands, disclosures and other communications that Company sends to you electronically satisfy the legal requirement that such communication should be in writing.
19.8 Severability. If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of these Terms will remain in full force and effect. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder.
20.1 For any inquires or complaints regarding the Service or Website, please contact by email at email@example.com.