This Agreement was last revised on March 08th, 2023.
Terms & Conditions
I. INTRODUCTION
www.gaadijunction.com (“website”) owned and managed by PASSION TECHNOLOGIES (“we,” “us,” or “our”) welcomes you.
By accessing our websites, you acknowledge your acceptance and compliance with the terms of use. Should you disagree with these terms, please refrain from using our websites. We advise that you retain a printed copy of these terms for future reference.
Our privacy policy, which is applicable to your use of our websites, is referenced in these terms of use. Additionally, our cookie policy outlines the procedures for modifying your cookie and privacy settings as desired.
II. DEFINITIONS
- “Agreement” refers to this Terms and Conditions and the Privacy Policy and other documents provided to you by the Website;
- “User”, “You” and “your” refers to the person who is accessing for taking any service from us. User shall include the company, partnership, sole trader, person, body corporate or association taking services of this Website;
- “Seller” refers to the users accessing or registering with the website for listing their car through the website;
- “Buyer” or “Customer” refers to the user accessing or registering with the website for searching the cars and their Seller on the website;
- “We”, “us”, and “our” are references to PASSION TECHNOLOGIES;
- “Website” shall mean and include "https://www.gaadijunction.com, and any successor Website or any of its affiliates;
- "User Account” shall mean an electronic account opened for the user for availing of various services offered on the website;
III. INTERPRETATION
- The singular references in this document also encompass the plural and vice versa. Furthermore, the term "includes" denotes that the list is non-exhaustive.
- Words pertaining to a specific gender encompass all other genders as well.
- The reference to any statute, ordinance, or other law includes all associated regulations and instruments, as well as any current amendments, re-enactments, or replacements.
- All headings, bolded text, and italicized text (if applicable) are included for ease of reference only and do not define, limit, or influence the meaning or interpretation of the terms outlined in this Agreement.
IV. INTRODUCTION AND SCOPE
- Scope: These Terms dictate your utilization of the Website and its Services. Third-Party Products or Services are excluded from these Terms and are instead governed by their own terms of service.
- Eligibility: Some Services provided by the Website are not accessible to individuals under the age of 18 or to users who have been suspended or banned from our system for any reason.
- Electronic Communication: By accessing this Website or sending electronic communications from your computer or mobile device to us, you are engaging in electronic communication. By sending such communications, you agree to receive electronic replies from us in the same format. You are permitted to retain copies of these communications for your records.
V. SERVICES
At GaadiJunction.com, our mission is to provide a user-friendly and well-designed website that serves as a platform connecting car sellers and buyers. We believe in providing a hassle-free experience to our users, making car buying and selling easy and convenient.
Our website is meticulously designed with a simple and intuitive user interface, allowing users to easily browse through the cars listed for sale. We offer a variety of filters to help narrow down the search results based on preferences such as car make, model, year, and price range. Our platform also provides detailed information about each car, including features, specifications, and photos to help buyers make informed decisions.
VI. MODIFICATIONS TO THE SERVICE
From time to time, we may modify these terms. The revised terms will be published on this website and will be effective as of the posting date. By continuing to use the website after any such publication, you signify your acceptance of, and agreement to, any modifications.
Furthermore, we reserve the right to update and modify our website as needed.
VII. ACCOUNT
Our sites services are provided free of charge, but we cannot guarantee that they will always be available or uninterrupted. We may suspend, withdraw, or limit access to all or part of our sites for operational or business reasons, and while we will endeavor to provide reasonable notice of any such actions, this may not always be feasible.
You are responsible for ensuring that anyone accessing our sites through your internet connection is aware of and complies with these terms and conditions and any other applicable terms and conditions.
If you are provided with a user identification code, password, or other confidential information as part of our security procedures, you must keep this information confidential and not disclose it to any third party. We are not responsible for any losses you may incur as a result of a third party gaining unauthorized access to your account unless such access was caused by our negligence.
We reserve the right to disable any user identification code, account, or password, and terminate our business relationship with you if we reasonably believe that you have breached any of these terms or if your communications with Passion Technologies employees or our car dealers or partners contain threatening, abusive, defamatory, discriminatory, offensive, racist, or obscene language or conduct. If you suspect that someone other than you knows your user identification code or password, you should promptly contact us at info@gaadijunction.com.
VIII. ABOUT OUR SERVICE
Our platform operates as an aggregator, connecting customers with car sellers and providing a user-friendly interface designed to save you both time and money. We aim to empower you with the information necessary to make an informed choice that suits your specific needs.
Please note that we do not accept liability for any loss, damage, or injury that may occur during or after the use of our services. By using our website, you agree to indemnify us against any claims or liabilities arising from your use of the platform, including any associated costs and expenses.
IX. SCAMMING, SPAMMING, OR MISLEADING USERS
At Passion Technologies, we are committed to maintaining a clean and trustworthy platform that provides value to both Buyers and Sellers. As such, we have a zero-tolerance policy for any illegal activities, scams, spam, or any attempts to deceive other users for personal gain, free work, or illegal actions. We constantly monitor user behavior on our platform and promptly investigate and suspend any accounts that exhibit suspicious behavior. If we determine that a user has engaged in illegal activities, we will terminate their account immediately.
We believe in creating a safe and secure environment for all users of our platform. We take all necessary steps to ensure that our platform is reliable and useful for all our users. Our team is always vigilant and continuously monitors user activity to maintain the integrity of our platform. We work hard to uphold our standards and take appropriate action against any user who violates our policies.
X. UPLOAD OF PHOTOS OF CAR
By using our sites to sell your car, you represent and warrant that the photos you upload of your car have been taken by you or are owned by you. You also grant us a non-revocable, non-exclusive, sublicensable, fully transferable, worldwide, perpetual, royalty-free license to use, reproduce, display, sell, modify and edit those photos. By uploading the photos, you waive any intellectual rights that you may have in them. You also represent and warrant that you have all the necessary rights to grant us these rights. Furthermore, you warrant that any photos and information provided about a vehicle for sale are true and accurate and that you have the right to sell the vehicle.
You agree and warrant that any materials you submit or provide to us through our sites must:
1. be factually accurate;
2. express genuine beliefs and opinions, where applicable; and
3. comply with all relevant laws, regulations, and Indian laws.
You agree and warrant that any materials you contribute or send through our sites must not:
- Violate any laws, regulations, or rules, or be harmful, threatening, defamatory, libelous, slanderous, racially, ethnically offensive, harassing, obscene, or objectionable to us in any way;
- Infringe on any third party's property, rights or intellectual property rights;
- Promote or facilitate illegal activity;
- Contain any technically harmful elements (such as computer viruses, distributed denial of attack service, logic bombs, worms, Trojan horses, harmful components, corrupted data, or other malicious software or harmful data);
- Infringe on the intellectual property or other rights of any third party;
- Promote discrimination based on race, gender, color, religious belief, sexual orientation, disability, or unlawful violence; or
- Be fraudulent or misleading in any way.
We reserve the right to disclose your identity to any third party making a claim that your posted or uploaded content violates their intellectual property rights, is defamatory, breaches their privacy rights, or involves trolling, cyberbullying, or harassment. We also reserve the right to disclose your identity and any other information you provided to us if we are legally obligated to do so or if we suspect potential illegal activity, fraud, or if requested by the Police to aid in their investigation.
We will not be responsible or liable for any content posted by you or any other user of our site, as defined in the Information Technology Act, as amended from time to time, for its content or accuracy.
You agree to indemnify and hold harmless us and our affiliates, officers, third parties, agents, and employees against any claim, action, or proceedings arising from any third party claims against us due to your uploaded content or posted comments on our site, including but not limited to claims, losses, damages, judgments, litigation costs, and legal fees.
You are solely responsible and liable for any interactions with third parties through our site. It is your responsibility to maintain and protect your content and your account on our site, as well as to secure and back up your content.
We reserve the right to remove any posting you make on our site if we determine, at our sole discretion, that it does not comply with our content standards. When you provide details of a car you wish to sell, we may, at our discretion, conduct checks.
XI. RECEIVING OFFERS OF OUR SITES
General terms
We do not engage in the buying or selling of cars ourselves. Our role is to facilitate the provision of Offers for the sale, purchase or lease of cars by car buyers and sellers through our sites. If you decide to proceed with a purchase or lease, or wish to sell a car, you will be entering into an agreement directly with the relevant party. We are not a party to such agreements and have no responsibility or liability for any terms, payments, disputes or other aspects of the transaction. Any communication between you and our dealers or partners are subject to their respective terms and conditions, and you are solely responsible for reviewing and agreeing to these terms. We do not assume any responsibility for any issues that may arise from these transactions.
Buying a car
If you are using the site to search for a car to purchase through Offers displayed on our sites, please note that the seller is not obligated to sell or lease a car at the advertised price. By accepting or viewing an Offer through our sites, you are not obligated to purchase or lease a car from that seller. We cannot guarantee that you will receive any Offers or that any Offers will be available. While we are not obligated to review Offers, we may choose to do so as part of our commitment to customer service or upon your request. We or the seller may choose to modify or remove Offers at any time.
Selling a car
We cannot guarantee that you will receive any offers when selling your car, nor can we guarantee the sale of your car. The initial valuation quote may not be accurate, and any car returns or refunds are solely between buyer and the seller.
If you choose to advertise your car for sale on our website, you must warrant and represent to both Passion Technologies and the potential car buyer that:
- You are the rightful owner of the car or have authority from the owner to sell the car.
- You agree to sell the car if the bid is successful and in accordance with the terms of use.
The description and information provided about the car on our website or verbally is truthful, accurate, and not misleading. Additionally, you agree to indemnify us against any claims, losses, demands, damages, liabilities, costs, and expenses, including legal expenses, that may arise from the car's description.
Please note that we reserve the right to reject any submitted listings. At this time, we are unable to list for sale any vehicles that were previously taxis, imported, certain modified vehicles (please discuss with us), any vehicles that were used for hire or reward, or were previously subject to a write-off or commercial vehicles.
The buyer may have the right to cancel the Contract of Sale if you misrepresented your car and/or its condition in your listing or did not disclose any outstanding finance. The car buyer or their agent will inspect the vehicle before payment is transferred.
How our sale process works
Your vehicle listing on Passion Technologies will indicate the Reserve Price, which is the minimum price you are willing to accept for your car. If the bidding does not reach or exceed the Reserve Price during the listing, your car will not be sold.
To place a bid on your car, sellers are required to specify a Maximum price, which is the highest price they are willing to pay for it. Sellers can increase their Maximum price at any time while the listing is active. Although a Maximum price does not necessarily have to meet the Reserve Price to enable a seller to place a bid on your car, their Maximum price will not be successful if it fails to meet the Reserve Price. All price negotiation will be between the Buyers and the Sellers.
Upon notification that a bid has been successful, a contract of sale will automatically be established between seller and the buyer. The expiry date and time for each listing will be available on our website, and all transactions and bids are subject to our terms and conditions.
The successful bidder must pay for the car directly to the seller. Once payment is made, title to the car will pass to the buyer.
You may end a listing at any time without notifying bidders. We reserve the right to change the auction process, bidding, and other related processes at our discretion to improve our services.
We may refuse or remove bids, suspend or cancel listings, and make changes to the bidding process. We expect all parties to act in good faith.
Once the bid is successful, we will connect you with the buyer to finalize the car's collection and payment. If the buyer does not use our document collection service, financial details should not be shared through our site.
We are not responsible for resolving disputes between buyers and sellers. If a car is purchased through our service, it must be collected at the buyer's expense from you.
We hold no liability in cases where the buyer makes payment but the car is not delivered, is not as described, or the listing details were inaccurate.
XII. HOW YOU MAY USE MATERIAL ON OUR SITES
The material published on our sites and the intellectual property rights associated with it are owned by us or licensed to us, and are protected by copyright laws and treaties worldwide. Any rights not expressly granted in these terms of use are reserved, and some content on our site may be subject to the copyright rights of our partners.
You may print one copy and download extracts of any page(s) from our sites for your personal use. You may also share content from our sites with others within your organization. However, you must not modify the paper or digital copies of any materials you have printed or downloaded, and you must not use any illustrations, photographs, video or audio sequences, or graphics separately from any accompanying text.
Whenever content from our sites is shared, you must acknowledge our status (and that of any identified contributors) as the authors of the content. You are not allowed to use any part of the content on our sites for commercial purposes without obtaining a license from us or our licensors.
If you breach these terms of use by printing, copying, or downloading any part of our sites, your right to use our sites will end immediately. At our discretion, you may need to return or destroy any copies of the materials you have made.
XIII. DO NOT RELY ON INFORMATION ON THESE SITES
The information presented on our sites is for general knowledge purposes only, and should not be considered as advice to rely upon. You must seek professional or expert advice before making any decisions or refraining from taking any actions based on the information provided on our sites.
Despite our best efforts to ensure that the information on our sites is current and accurate, we do not guarantee or warrant, whether explicitly or implicitly, that the content on our sites is complete, precise or up to date.
XIV. RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
If you are a consumer:
We do not intend to evade or restrict our responsibility to you in any manner where it is illegal to do so. This includes being accountable for death or personal injury caused by our carelessness or that of our employees, agents, or subcontractors and for any fraudulent activity or false representation.
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If you are a business user:
- We do not provide any implied conditions, warranties, representations, or other terms that may apply to our sites or any content on them.
- We will not be responsible for any loss or damage that you may suffer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if it is foreseeable, arising under or in connection with:
- use of, or inability to use, our sites; or
- use of or reliance on any content displayed on our sites.
- In particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
In the event that you are using our Sites on behalf of a business, your business shall agree to these Terms and Conditions and will be responsible for indemnifying and holding us and our affiliates, officers, agents, and employees harmless from any costs, claims, actions, demands, damages, or expenses (including reasonable legal expenses) that may arise from or are related to the use of the Sites or any breach of these Terms and Conditions.
As a trader acting in the course of your business, you are prohibited from representing yourself as a private seller.
If you are a consumer user:
Please be aware that our sites are intended only for personal and domestic use. You agree not to use our sites for any commercial or business purposes, and we will not be liable to you for any loss of profit, loss of business, business interruption, or loss of business opportunity, or any indirect or consequential loss or damage resulting from such use.
If any digital content that we provide is defective and causes damage to your device or other digital content, and this is due to our failure to exercise reasonable care and skill, we will either repair the damage or provide compensation up to the value of a like-for-like replacement of the damaged device or digital content.
XV. PAID LISTING
- All the payments for any service available on the website shall be governed by our terms and conditions.
- Currently, the website is providing free services. But for availing of our paid services, you will be liable to pay us based on the payment Plan chosen by you. While providing your details you must be careful and warrant that the information provided is true and accurate.
- Payment mode shall be Online: Credit Cards and Debit Cards
- We may ask you to supply additional information relevant to your Transaction, including your credit card number (or other payment information), the expiration date of your credit card, and your email and postal addresses for billing and notification (such information, “Payment Information”).
- You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information.
- When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges).
- You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information).
- The refund shall be allowed as per our refund policy.
- We are happy to support you if there is any issue you can contact our back-office team for any inquiry or problem.
- We take user feedback very seriously and use it to constantly improve our products and quality of service.
XVI. GENERAL CONDITIONS
- The accuracy, completeness, validity, or timeliness of the information listed on our website cannot be guaranteed.
- We may make material changes to these terms and conditions, and we will notify you by prominently posting a notice of such changes or via email communication.
- The website is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis, solely for use in connection with the Service for your private, personal, non-commercial use, subject to all the terms and conditions of this Agreement as they apply to the Service.
- We will not be liable to you for any failure to deliver Services you have ordered or any delay in doing so if caused by any event or circumstances beyond our reasonable control, including adverse weather, pandemics, strikes, lockouts, and other industrial disputes, breakdown or systems or network access, flood, fire, explosion or accident.
- Passion Technologies is not responsible for any information on the website, but we reserve the right to take down any posts that are proven to be illegal in any way. We do not monitor the forum at this time and will rely on users to report any illegal/offensive content via email at Info@gaadijunction.com.
- You are responsible for complying with all legal requirements, including ensuring the registration and insurance, if any, and maintaining your product(s) in a safe and worthy condition.
- If a Seller/Buyer breaches the terms of this agreement, we may close their account, and any remaining credits held to that account may be forfeited.
- We are not responsible for your use of our services or for the actions of other users with whom you may exchange information or have contact.
- We do not conduct criminal or other background screenings of our users. We do not verify the information provided by users concerning users' identity, registration, physical condition, or otherwise.
- We are not responsible for the activities or legal consequences of your use in locations that may attempt to criminalize or limit your interactions. You must make your own informed decisions about the use of the website in your location and assess any potential adverse consequences.
- The Buyer is responsible for ensuring and liable to test, check, and establish the quality of products provided by the Seller and can cancel or stop the transaction as per their own terms with the Seller.
- The Buyer and Seller are liable to check and confirm the identity, registration, and other details of the user in place.
XVII. LIMITED GUARANTEE
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By this Website:
- We offer you the chance to utilize the services provided on our website.
- We cannot assure or guarantee the accuracy, completeness, reliability, currentness, or error-free nature of the service descriptions. If any service offered by the website is not as described, your only recourse is to inform us about the services and take further action.
XVIII. GEOGRAPHIC RESTRICTION
We retain the right, but not the obligation, to restrict the use or provision of any service to any individual, location, or jurisdiction. We may exercise this right as needed. We also reserve the right to temporarily or permanently suspend any service at any time. Any service offer presented on this Website is void if prohibited.
XIX. USER RESPONSIBILITIES
- While using the Website, you agree to comply with all applicable laws and use the Service and Website only for lawful purposes.
- You agree not to use the Website to collect market research for a competing business, impersonate any person or entity for false or illegal purposes, or access the Website through any device, scraper, or automated means without permission.
- If you come across any inappropriate or illegal content on the Website, you agree to inform us immediately.
- You will not interfere with or attempt to disrupt the proper operation of the Website through the use of viruses, software or routines, or any other means, and you will not attempt to access any data, files, or passwords connected to the Website through hacking, password or data mining, or any other means.
- You agree to comply with all applicable laws and regulations regarding your use of our Website and to inform us immediately if you become aware of any infringing or unlawful content.
- We reserve the right to limit or suspend the usage or supply of any service to any person, geographic region, or jurisdiction, and to investigate and take appropriate action in response to any reported violations of our Terms, including but not limited to canceling user accounts and reporting unlawful activity to law enforcement officials, regulators, or other third parties.
- You agree not to interfere with or obscure any advertisements or safety features on the Website and to inform us of any unsuitable content you become aware of.
- We may, at our sole discretion, without prior notice, deny you access to the Website or any service or remove any content, in whole or in part.
XX. USER’S OBLIGATIONS
- The user is solely responsible for all information they provide on the www.gaadijunction.com website, and agrees to indemnify PASSION TECHNOLOGIES for any liability resulting from such information.
- All information provided by the user on the www.gaadijunction.com website must be accurate and kept up-to-date, including their name, address, and phone number. User details will be publicly visible and may appear in search engine results;
- Using the www.gaadijunction.com website is at the user's own risk, and they must exercise caution while using it.
XXI. LISTING POLICY
- The format of all advertisements is fixed and will not be changed without agreement.
- We are not liable for any consequences arising from listed advertisements.
- We do not act as a communication intermediary on behalf of any user.
- Agreed-upon duration of advertisement will be maintained on the site.
- We reserve the right to remove any advertisement at our discretion.
- We are not responsible for the accuracy of information provided by users in their product/service advertisements.
- Advertisements must not contain ambiguous, misleading, defamatory, or indecent content, or violate copyright, trademark, or other intellectual property rights, or breach any applicable statute, regulation, bye-law, rule, or law.
- The publication of advertisements will not result in any claim or action against www.gaadijunction.com or its employees, directors, or representatives.
- Advertisements must comply with applicable local, state, and national laws, rules, regulations, guidelines, and policies.
- We reserve the right to reject any advertisement after acceptance of the release order/material. We are not responsible for missed or rejected advertisements after acceptance of release orders/materials.
- The decision of www.gaadijunction.com is final in all matters.
XXII. ONLINE FRAUD AND SCAM
Scammers are getting gradually sophisticated in their efforts to get your money or personal details. Be aware and safeguard yourself from being scammed by following our tips.
Be vigilant about the fact that scams exist. When transacting with unwanted contacts from people or businesses, always consider the possibility that the tactic may be a scam. ReSeller, if it looks too good to be true, it probably is.
Keep your personal details secure. Be very careful about how much personal information you share on sites. Scammers can use your information and pictures to create a fake identity or to target you with a scam.
We do not tolerate any illegal activities, scams, spam, or trying to mislead other users to gain an advantage or ask others to perform actions that are not legal.
In cases where we are 100% sure a user has tried to perform an illegal activity, we will immediately terminate such an account.
XXIII. EXCLUSION OF LIABILITY
We accept no responsibility for delays/errors due to circumstances outside of our ruling (Force Majeure). These circumstances can be, for example, labor conflict, fire, war, government decisions, or reduced or non-delivery from the other user.
We shall not be liable for the behavior of the users. And we are also not accountable for the quality of the services provided by the Relationship manager on the website.
You understand and agree that we (a) do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us or any third parties; and (b) shall not be responsible for any materials posted by us or any third party. You shall use your judgment, caution, and common sense in evaluating any prospective methods or offers and any information provided by us or any third party.
Further, we shall not be liable for direct, indirect consequential, or any other form of loss or damage that may be suffered by a user through the use of the www.gaadijunction.com Website including loss of data or information or any kind of financial or physical loss or damage.
In no event shall PASSION TECHNOLOGIES, nor its owners, directors, employees, partners, agents, Sellers, or affiliates, be accountable for any indirect, incidental, special, eventful, or exemplary costs, including without limitation, loss of proceeds, figures, usage, goodwill, or other intangible losses, consequential from (i) your use or access of or failure to access or use the Service; (ii) any conduct or content of any third party on the Service; and (iii) unlawful access, use or alteration of your transmissions or content, whether or not based on guarantee, agreement, domestic wrong (including carelessness) or any other lawful concept, whether or not we've been aware of the possibility of such damage.
XXIV. RESTRICTION
To use our Services, you must:
1. Comply with applicable laws and regulations and not indulge in illegal activities;
2. Not involved in an activity that is harmful to us or our users, Buyers, or anyone else;
3. Not use any Service or any process to damage, disable, impair, or otherwise attack our Services or the networks connected to the Services.
4. Protect your username and password;
5. Not use any automated process to access or use the Services or any process, whether automated or manual, to capture data or content from any Service for any reason;
and We can take any technical, legal, and other actions that we deem, in our sole discretion, necessary and appropriate without notice to you to prevent violations and to enforce this Agreement.
XXV. NO RESPONSIBILITY
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We are not responsible to you for:
- any losses you suffer because the information you put on our website is inaccurate or incomplete; or
- any losses you suffer because you cannot use our website at any time; or
- any errors or omissions from our website; or
- any unauthorized access or loss of personal information that is beyond our control.
XXVI. SPAM POLICY
You are strictly prohibited from using the Website or any of our's Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
XXVII. THIRD-PARTY LINKS
The Website may comprise links to external or third-party Websites (“External Sites”). These links are provided exclusively as ease to you and not as authorization by us of the content on such External Sites. The content of such External Sites is created and used by others. You can communicate with the site administrator for those External Sites. We are not accountable for the content provided in the link of any External Sites and do not provide any representations about the content or correctness of the information on such External Sites. You should take safety measures when you are downloading files from all these Websites to safeguard your computer from viruses and other critical programs. If you agree to access linked External Sites, you do so at your own risk.
XXVIII. PERSONAL INFORMATION AND PRIVACY POLICY
By accessing or using this Website, you approve us to use, store, or otherwise process your personal information as per our Privacy Policy.
XXIX. ERRORS, INACCURACIES, AND OMISSIONS
Every effort has been taken to ensure that the information offered on this Website is accurate and error-free. We apologize for any errors or omissions that may have occurred. We cannot give you any warranty that usage of the Website will be error free or fit for purpose, timely, that defects will be amended, or that the site or the server that makes it available is free of viruses or bugs or signifies the full functionality, accuracy, reliability of the Website and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.
XXX. LIMITATION OF LIABILITY
The website and the service are provided on an “as is” and “as available” basis without any warranties of any kind, including that the website will operate error-free or that the website, its servers, or its content or service are free of computer viruses or similar contamination or destructive features.
We disclaim all licenses or warranties, including, but not limited to, licenses or warranties of title, non-violation of third parties rights, and fitness for a particular purpose, and any warranties arising from a matter of dealing, course of performance, or usage of trade. In relation to any warranty, contract, or common law tort claims: (i) we shall not be liable for any unintended, incidental, or substantial damages, lost profits, or damages resulting from lost data or business stoppage resulting from the use or inability to access and use the website or the content, even if we have been recommended of the possibility of such damages.
The website may comprise technical incorrectness or typographical errors or omissions. Unless required by applicable laws, we are not accountable for any typographical, technical, or pricing errors recorded on the website. The website may contain information on certain services, not all of which are available in every location. A reference to a service on the websites does not suggest that such service is or will be accessible in your location. We reserve the right to do changes, corrections, and/or improvements to the website at any time without notice.
XXXI. COPYRIGHT AND TRADEMARK
The Website contains material, such as software, text, graphics, images, designs, sound recordings, audiovisual works, and other material provided by or on our behalf of us (collectively referred to as the “Content”). The Content may be possessed by us or third parties. Unauthorized use of the Content may infringe copyright, trademark, and other laws. You have no rights in or to the Content, and you will not take the Content except as allowed under this Agreement. No other use is allowed without prior written consent from us. You must recollect all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not transfer, provide a license or sub-license, sell, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other Website or in a networked computer environment for any purpose is expressly prohibited.
If you infringe any part of this Agreement, your permission to access and/or use the Content and the Website automatically terminates and you must immediately destroy any copies you have made of the Content.
Our trademarks, service marks, and logos used and displayed on the Website are registered and unregistered trademarks or service marks of us. Other product and service names located on the Website may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with us, the “Trademarks”). Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. None of the Content may be retransmitted without our express, written consent for every instance.
XXXII. INDEMNIFICATION
You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your misuse of the Content or the Website. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right, at your expense, to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of the such matter.
XXXIII. MISCELLANEOUS
SEVERABILITY
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable.TERMINATION
Term. The Services will be provided to you can be canceled or terminated by us. We may terminate these Services at any time, with or without cause, upon written notice. We will have no liability to you or any third party because of such termination. Termination of these Terms will terminate all of your Services subscriptions.Effect of Termination. Upon termination of these Terms for any reason, or cancellation or expiration of your Services: (a) We will cease providing the Services; (b) you will not be entitled to any refunds or usage fees, or any other fees, pro-rata or otherwise; (c) any fees you owe to us will immediately become due and payable in full, and (d) we may delete your archived data within 30 days. All sections of the Terms that expressly provide for survival, or by their nature should survive, will survive termination of the Terms, including, without limitation, indemnification, warranty disclaimers, and limitations of liability.