Welcome to our website (“Site”). If you continue to browse and use this Site, you are agreeing to comply with and be bound by the following Terms and Conditions of use (“Terms and Conditions”, “Terms”), which together with our Privacy Policy that is hereby incorporated by reference, govern Entaria’s relationship with you in relation to this Site.
If you disagree with any part of these Terms and Conditions, please do not use our Site. By using this Site you represent that you have read and understand the Terms and Conditions and that you agree to be bound by these Terms and Conditions.
The term “Entaria” or “Company”, “us” or “we” refers to the owner of the Site whose registered office is 8 Abercrombie Place Menstrie, FK11 7DD, Scotland, United Kingdom. The term “user”, “you”, “your” refers to the user or viewer of our Site.
1. YOUR ACCOUNT WITH US
1.1 Before you can use our Services, you will need to register for a user account on our Site (“Account”). When creating an Account you undertake that all details you provide to us are true, current, complete and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the Services, so that we can complete your transactions. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Site.
1.2 You accept responsibility for safeguarding the password that you use to access the Service and for any activities or actions under your password. You are liable all risks of unauthorized use of your Account and hereby release the Company from any liability in connection with any such unauthorized access. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your Account.
1.3 You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
1.4 We reserve the right at our sole discretion to terminate or suspend any Account, or make use of any operational, technological, legal or other means available to enforce the Terms (including without limitation blocking specific IP addresses), at any time without liability and without the need to give you prior notice.
1.5 For information about how Company collects, uses, and shares your personal data, please check out our Privacy Policy. By using our Site, you agree that we can use such data in accordance with our Privacy Policy.
2. SUBSCRIPTION
2.1 We propose certain Services available to users of the Site in consideration of a subscription paid basis (“Subscription Plan”). Our current packages and its prices for the Services you may find on sign up page and payment page. We offer you the Services in the forms of different monthly Subscription Plans.
2.2 We automatically renew all paid Subscription Plans on a monthly basis in order to provide continuous service. Your Subscription Plan is being automatically renewed at the same rate that you signed up for using the original payment method. For example, if you pay by credit card, we will continue to debit this same credit card as each subscription period expires. We will only debit these repeat payments when the current month that you have paid for ends and not before.
2.3 We may change the duration, pricing and other terms of Subscription Plan at any time by posting a notice on the Site. Such change becomes effective from the next subscription period, so you’ll have an opportunity to cancel your subscription. Your continued use of the Services after the change comes into effect constitutes your agreement for the modified terms.
2.4 Unless you notify us before the renewal date of the Subscription that you wish to cancel, your Subscription will automatically renew. You may cancel both Trial or Monthly Subscription renewal either by visiting the “My Account” section of the Site and following the relevant link to cancel Subscription, through submitting a cancelation of Subscription form on the Site, or by contacting our customer support team.
3. PAYMENTS
3.1 At the start of each Subscription period we will charge you according to your Subscription Plan to your credit card or debit card on file as identified in your Account; the payment transaction will be facilitated through an online payment processing application that is provided by a third-party vendors and accessible through the Site. You shall be solely liable for any fees, commissions or rates of the third-party payment processors of your choosing.
3.2 Remember, that in case of unsuccessful transaction, we may try to charge you again for not more than 5 times. Accounts that remain past due may be suspended at our sole discretion.
3.3 It is your responsibility to determine what, if any, taxes apply to the payments you make, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority.
3.4 Payment Card Industry Data Security Standards (PCI DSS) refers to the global information standard set by the payment card industry to assist with the prevention of payment card fraud. Company’s payment service provider will store, process and transmit all cardholder data in accordance with the PCI DSS.
4. REFUNDS. DISPUTE RESOLUTION
4.1 No refunds are provided for any partial-month Subscription periods or unused services. If you cancel your Subscription, you will have access to the Services till the end of the period of your Subscription Plan.
4.2 Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted in sole discretion of the Company. We will only refund the most recent payment within the subscription. Your subscription will be immediately cancelled in case of such refund. The refunds are made to the original form of payment used for purchase.
4.3 As a current or prior client of the Company, you agree to allow the Company to attempt settlement of any billing dispute for thirty (30) days before disputing with any third party, credit card company or bank. Company simply requires that it be the first option in billing disputes. In case of any payment dispute, please contact us.
4.4 Your use of this Site and any dispute arising out of such use of the Site is subject to the laws of United Kingdom.
5. SITE CONTENT
5.1 You alone are responsible for information, text, graphics, videos, or other material (“Content”) you post, link, store, share and otherwise make available in our Site. Once published, Content cannot always be withdrawn. You assume all risks associated with your Content, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable.
5.2 By posting Content to any public area of the Site you automatically grant, represent and warrant that you have the right to grant to Company an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and Content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
5.3 You understand and agree that Company may at its sole discretion store for review and delete any Content that in the sole judgment of Company violate these Terms or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other users or any third parties.
5.4 Content we DO NOT allow: pedophilia, incest, zoophilia, graphic violence and any other type of abusive, obscene or illegal materials. Site administration abides by a zero tolerance policy towards any inappropriate Content.
6. INTELLECTUAL PROPERTY RIGHTS
6.1 By accepting these Terms, the user agrees that all intellectual property (including but not limited to texts, graphics, user interface, trademarks, audio clips, video clips, editorial content, and the scripts and software) published by the Company on the Site belong exclusively and in full to the Company.
6.2 We provide Content on Site solely for your personal use and the reproduction of the whole or any part of the Site, except for any temporary copies made necessarily in downloading the services of Site, for purposes other than private and personal use, is prohibited, as is distributing, displaying or copying Site, unless it is for the personal use of a third party.
7. ACCEPTABLE USE POLICY
7.1 You agree that you will not post any content on our Site, transmit any content to others, communicate any content, provide links to any content, or otherwise engage in any activity through the Site that:
• Breaches any applicable local, national or international law or regulation.
• Is defamatory of any person.
• Contains any material which is obscene, offensive, hateful or inflammatory.
• Promotes sexually explicit material.
• Promotes violence.
• Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringes or violates any third party rights including (by way of example only) any copyright, database right or trade mark of any person).
• Is likely to deceive any person.
• Is made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
• Promotes any illegal activity.
• Is threatening, abusive or invades another’s privacy, or causes annoyance, inconvenience or needless anxiety.
• Is likely to harass, upset, embarrass, alarm or annoy any other person.
• Impersonates any person, or to misrepresent your identity or affiliation with any person.
• Gives the impression they emanate from us, if this is not the case.
• Advocates promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
• Is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
• Is for the purpose of harming or attempting to harm minors in any way.
7.2 You may also not use our Site to:
• Transmit, or procure the sending of, any advertising or promotional material (unsolicited or otherwise) or any other form of similar solicitation.
• 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.
• Collect or store personal data about other users or members without their consent or upload, post, email, transmit, chat or otherwise disclose other users’ or members’ private information.
• Post a profile or send a message to any user for any purpose other than to interact with other individuals online.
• Access data not intended for you or log onto a server or account which you are not authorised to access.
• Attempt to scan, or test the vulnerability of the system or network or to breach the security of our site.
7.3 We reserve the absolute right to determine if any acts of yours breach the listed provisions.
8. THIRD-PARTY LINKS
8.1 The Site may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the websites.
8.2 When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators.
8.3 You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
9. DISCLAIMERS. LIMITATION OF LIABILITY
9.1 COMPANY PROVIDES THE SERVICE ON AN «AS IS» BASIS AND GRANTS NO WARRANTIES OF ANY KIND, EXPRESSED, IMPLIED OR STATUTORY, IN ANY COMMUNICATION WITH ITS REPRESENTATIVES, OTHERWISE WITH RESPECT TO THE SERVICE. COMPANY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, COMPANY DOES NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE OR ERROR-FREE, OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED. COMPANY DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, CONNECTIVITY AND AVAILABILITY.
9.2 Although each user must agree to these Terms, Company cannot guarantee that each user is at least the required minimum age, nor does it accept responsibility or liability for any content, communication or other use or access of the Service by persons under the age of 18 in violation of these Terms. Also, it is possible that other members or users (including unauthorized users, or «hackers») may post or transmit offensive or obscene materials through the Service and that You may be involuntarily exposed to such offensive or obscene materials. It also is possible for others to obtain personal information about You due to Your use of the Service. Those others may use your information for purposes other than what you intended. Company is not responsible for the use of any personal information that You disclose on the Service. Please carefully select the type of information that you post on the Service or release to others.
9.3 COMPANY DISCLAIMS ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER MEMBERS OR USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICE OR OTHERWISE.
9.4 We are not liable for any loss or damage, howsoever arising, from your registration to Site and its community by other parties, your use of it or inability to use it, or any errors and omissions on Site, whether in contract, tort or otherwise and whether such loss or damage is foreseen or foreseeable. This includes but is not restricted to indirect, consequential, special or exemplary damages, loss of business, loss of profit, loss of revenue, loss of opportunity, loss of reputation, loss of data and loss suffered by third parties. This does not exclude our liability for fraud, or for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited by law.
10. INDEMNITY
10.1 You agree to indemnify and hold Company, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Service in violation of the Terms, and/or any allegations that any Content that you submit to Company or transmit to the Site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or arising from a breach of the Terms and/or any breach of your representations and warranties set forth above. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
11. GENERAL CLAUSES
11.1 The Company is permitted to revise, amend and/or modify these Terms at any time at its own discretion, and by using this Site you are expected to review these Terms on a regular basis. Your continued use of the Site after any such changes constitutes Your acceptance of such changes. If you do not agree with these Terms or any subsequent modifications to these Terms, do not use or access (or continue to access) the Site.
11.2 If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
11.3 These Terms, including any legal notices and disclaimers contained on this Site, constitute the entire agreement between the Company and you in relation to your use of this Site, and supersede all prior agreements and understandings with respect to the same.
11.4 The Company is allowed to assign, novate, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
11.5 Any failure or delay by the Company in enforcing any right, power or remedy under these Terms or applicable law shall not be deemed to be a waiver thereof unless made in writing by the Company.
11.6 The Company may provide notifications to you via email notice, or through posting of such notice on the Site, as determined by the Company in our sole discretion. The Company reserves the right to determine the form and means of providing notifications to users, provided that you may opt out of certain means of notification as described in these Terms. The Company is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.
12. CONTACT INFORMATION
12.1 Should you have any questions, complaints, or claims with respect to the Terms, please contact us.
The Company does not provide any guaranteed response time, but will make a good faith effort to answer questions within five (5) business days.
