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Tiara Styles Beauty
Terms & Conditions
These Terms of Use (hereinafter referred to as "Agreement", “Terms of Use” or “terms”) are a legally binding agreement between you the User (the “User”, “You”, or “Your”) and Tiara Styles Beauty (“the Company”) doing business at www.tiarastylesbeauty.com (hereinafter referred to as “Website”, “Site”, “We”, “Us” or “Our”) from its head offices in Florida, United States of America.
By using the Site, you represent that you have read and agree to be bound by the this Agreement, as well as any other guidelines, privacy policy, rules and additional terms referenced herein, collectively referred to as "Terms of Use". These Terms set out the legally binding agreement with respect to your access and use of the Website and our provision of the Services.
Please read these Terms of Use carefully. Your access to Website and/or use of the Service (as defined below) constitutes your acceptance of all the provisions of these Terms of Use. If you are unwilling to be bound by these Terms of Use, do not access the Website and/or use the Service.
The Website is not designed for use by persons under the age of 18 years. If the legal age of entering into binding agreements is older than 18 years in your jurisdiction, you are not eligible to use the Website unless you have attained the age of majority. Membership or use of this Website is void where prohibited by applicable law, and the right to access the Website will be deemed to be revoked in such jurisdictions ab-initio. By using the Website and/or the Services, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions set forth herein. You also represent and warrant to the Company that you will use Website in a manner consistent with any and all applicable laws and regulations.
Services
Tiara Styles Beauty offers on location beauty services including Hair, Makeup and Photography (“Services”) for all special occasions. The Company reserves the right to change the nature of Services at its sole discretion.
How the Site Works
Tiara Styles Beauty provides on location professional hair, makeup and photography services to those who want to acquire such services (“Clients / Users”). Clients can easily select the services they wish to acquire through the Website and pay for such services by making a payment through the selected payment methods made available on the Website. The services are delivered by Tiara Styles and her trusted team of talented photography, hair and makeup artists.
Personal Information
In order to confirm service bookings You will be required to provide certain personal information. You agree that such information will be true, accurate and complete, and that you will update this information promptly when it changes. If you provide any information that is untrue or inaccurate, not current or incomplete, you accept that we may not be able to deliver the Service to You and that we may in our sole discretion, suspend or terminate your right to access the Site and Services. Any personally identifiable information supplied hereunder will be subject to the terms of the Privacy Policy.
s - By providing us with your phone number and using the Website, you agree that we may, to the extent permitted by applicable law, use your mobile phone number for calls and text (SMS) messages, in order to assist with facilitating the requested Service. Standard call or message charges from your phone carrier may apply. You may opt-out of receiving text (SMS) messages from us by replying with the word “STOP” to a text message from us.
- We may send you a confirmation email along with other transactional emails regarding the booking of Services through the Website. We may also send you Marketing emails about Services that we think might interest you. You can unsubscribe from our Marketing emails at any time by clicking unsubscribe link in such email.
Client Responsibilities
We take hygiene and sanitation seriously, to prevent any contamination from use of our equipment, it is your responsibility to inform our Artists of any contractible viruses or skin infections prior to commencing application. It is your responsibility to inform our makeup artists of any issues that you may have from the use of any products or equipment, including but not limited to: sensitivities and allergies. The Company or its employees cannot be held liable for any loss or damage suffered by you due to your failure to inform Us of any pre-existing conditions known to you.
You further take responsibility to provide a suitable parking facility for our Artists for all on-location requests. In the event that you are unable to provide a suitable parking facility, you agree to reimburse our Artists all expenses incurred by Our Artist in parking fees for the course and duration of the on-location service delivery. Such reimbursement should be made via cash payment on the same day.
You agree not to smoke whilst our Artist is working in close proximity to you and any rude or aggressive behaviour on Your part may result in the cancellation of your booking. You accept and agree that we may use any photography for publicity purposes on any platform that we use to market our services.
Intellectual Property
You accept and agree that the copyright of all photographs is retained by Us at all times. Where we deliver you photographs digitally, you may print, share and/or display these photographs for your personal use but you do not have the right to commercial use of these photographs. We reserve the right to use the photographs in any manner, at any given time and place for the purposes of marketing and promoting our services around the world, unless otherwise agreed with the client.
Account Registration and Access
You may browse the Website and view content without registering, but as a condition to using certain aspects of the Tiarastylesbeauty.com , you may be required to register with the Website by providing us with the required information. You agree to provide us with complete and accurate information upon registration and to keep such information accurate and up-to-date. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of your User account. You are solely responsible and liable for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your login credentials. You shall never use another user's account without such other User's prior express permission. You will immediately notify the Company in writing of any unauthorized use of your account, or other account related security breach of which you are aware.
We reserve the right to access your account and the information that you have provided, for support, maintenance purposes or for any security-related or business reasons.
You are solely responsible for ensuring that these Terms of Use are in compliance with all laws, rules and regulations applicable to you and the right to access the Service is revoked where these Terms of Use or use of the Service is prohibited and, in such circumstances, you agree not to use or access the Site or Services in any way.
Payment Policy
Clients of the Tiara Styles Beauty who wish to book Services through the Website are required to make the full payment in advance for such services through one of the payment methods made available on the website. By accepting this Payment Policy, you further agree to comply with the terms and conditions of the payment agent you select to use on our website. All payment information that you provide us must be accurate, complete and current. You agree to immediately notify Us of any change in your billing information.
You further accept and agree that we may unilaterally change the pricing for our Services by updating the pricing information on our website at any time and without giving any prior notice to you. Any change in service pricing will not affect any Services purchased prior to such change. You agree to pay the then-current applicable service fee listed on the Website.
Bookings: To secure a date, client must sign this agreement and submit a deposit due at the time of signing. The deposit is non-transferable after three (3) days have elapsed from the date of contract signing. Tiara Styles Beauty team does hold an retainer fee to reserve your wedding or event date in our calendars for more than (30 days). If agreement is cancelled within three (3) days, clients are subject to cancellation fee. No dates or schedules makeup time will be reserved unless a signed agreement and deposit are received.
20% -22% gratuity will be added for all clients and all groups. The client will cover any travel expenses 50 miles or more of the artist as agreed at the time of booking.
Any parking fees for location/hotels will be covered by client. If client choose to pay with debit or credit card, client will be subject to pay 4.75% per swipe/invoice charge.
Gratuities: There is a gratuity of 20% -22% billed onto the final invoice can't be paid separate; however, you can exceed that if you wish to do so. The industry standard begins at 18% and up due to rising costs and inflation as January 2021.
Group Rates & Standard Rates: To qualify for group rates clients is required to have 12 or more services (excluding flower girls services). The group rate is not based on a person count but rated on service count. (Ex. 12 people getting hair only equates to 12 services, 6 people getting both hair and makeup equates to 12 services).
Holiday Fees: Should your wedding date, trial run or event fall or a major holiday week (Thanksgiving & Christmas) or on a holiday i.e Memorial Day, Labor Day, Independence Day, New Years, Fathers day, Mothers day and Easter Sunday) an additional service charge may be applied. A $60.00 Holiday fees is charged per stylist. Please confirm with TSB if your date falls under the premise above.
Cancellation: All deposit monies paid by client will be refunded if contract is cancelled within three (3) days grace period. If client cancels the booked event or any service on an agreement, the deposit will not be refunded or transferred.The $225 minimum will be charged for any event that cancels 45 days before contracted service date. Should the wedding date be rescheduled The retainer may only be reapplied once, to a rescheduled wedding date within 14 months of the original scheduled date (subject to availability) if the event is re-scheduled or cancelled due to major circumstances or acts of God or COVID Reschedule.
Should the date be moved twice or more a $100.00 transfer fee will would be required. In the event your previously selected stylist is already booked for the rescheduled date, deposit remains non-refundable and client will be reassigned to a ditterent stylist.
Parking Fees: Where parking, valet or toll fees may be incurred; the amount will be included with the final bill and due for payment on the day of the event. All valet and/or parking costs will be paid by the bride, not TSB. WE SUGGEST YOU MAKE ARRANGEMENTS WITH YOUR VENUE WEDDING PLANNER AS THEY USUALLY MAKE SPECIAL ACCOMMODATIONS.
Travel Fee: On the wedding date, TSB will travel to site of bride's choosing. Many locations within our travel area will incur no additional cost. It is the brides responsibility confirm all travel costs prior to wedding date. Travel starts at $45.00 for locations outside of a fifty mile (50) radius of our stylist location. The amount will be determined based on the service location. typically travel fee of $75.00 will apply to most area parts of Orlando or South Florida . If applicable all travel fees will be calculated and included in the final bill and due for payment on the day of the event.
Cancellations
To cancel an appointment without incurring the cancellation fee the Client must notify the Company at least forty eight (48) hours prior to the booked appointment time by emailing a cancellation request at TiaraStylesBeauty@Gmail.com with the term “Cancellation” in the subject line. For all Wedding’s and corporate events deposits made out to Tiara Styles Beauty are non-refundable.
Any cancellations made by the client less that forty eight (48) hours from the scheduled appointment will incur the full cost of the service fee.
Users shall not use the Website in order to transmit, distribute, store or destroy material, including without limitation content provided by the Company: for any unlawful purpose or in violation of any applicable law, regulation, international law or laws of any other country; or in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or that is defamatory, libelous, obscene, threatening, abusive or is offensive to users of the Website, such as content or messages that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; or that is false or misleading; or that harasses or advocates harassment of another person.
Users are also prohibited from violating or attempting to violate the security of the Website, including, without limitation the following activities:
accessing data not intended for such user or logging into a server or account which the User is not authorized to access; attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to Website, overloading, "flooding", "spamming", "mailbombing", "hacking" or "crashing"; or forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability.
Specific Restrictions on Rights to Use - In addition to the above, the users shall not: modify, adapt, translate, or reverse engineer any portion of the Website; remove any copyright, trademark or other proprietary rights notices contained in or on the Website; use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Website for crawling the Website and scraping content or to circumvent the technological methods adopted by the Website to prevent such prohibited use; collect any information about other Users including Vendors (including usernames and/or email addresses) for any purpose other than that specified in services;
reformat or frame any portion of the web pages that are part of the Website and/or Service;
create user accounts by automated means or under false or fraudulent pretenses;
create or transmit unwanted electronic communications such as "spam" to other users or members of the Website and/or Service or otherwise interfere with other User's enjoyment of the Website and/or Service; submit any content or material that falsely express or imply that such content or material is sponsored or endorsed by the Company or the Website; transmit any viruses, defects, Trojan horses or other items of a destructive nature; use of the Website or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene; copy or store any content offered on the Website for other than your own use; take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on the Company's IT infrastructure.
Remedies with the Company
You understand and agree that the Tiara Styles Beauty has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. The Company reserves the right to take actions to prevent/control such violation including without limitation, removing the offending communication or content from the Website and/or terminating the membership of such violators and/or blocking their use of the Website and/or Service.
Tiara Styles Beauty shall also be entitled to investigate occurrences which may involve such violations and take appropriate legal action, involve and cooperate with law enforcement authorities in prosecuting Users who are involved in such violations.
Modification of Terms
You understand and agree that these Terms, Website and Services can be modified by the Company at its sole discretion, at any time without prior notice, and such modifications will be effective upon such new terms and/or upon implementation of the new changes on the Website. You agree to review the Terms of Use periodically so that you are aware of any such modifications and the Company shall not be liable for any loss suffered by you on your failure to review such modified Terms. Unless expressly stated otherwise, any new features, new services, enhancements or modifications to the Website or Service implemented after your initial access of Website or use of the Service shall be subject to these Terms.
Maintenance
The Company may at its sole discretion and without assigning any reason whatsoever at any time deactivate or/and suspend Your access to the Website without giving any prior notice, to carry out system maintenance or/and upgrading or/and testing or/and repairs or/and other related work. Without prejudice to any other provisions of this Agreement, the Company shall not be liable to indemnify the User for any loss or/and damage or/and costs or/and expense that the User may suffer or incur, and no fees or/and charges payable by the User to the Company shall be deducted or refunded or rebated, as a result of such deactivation or/and suspension.
Ownership
Any material, content or logos, marks, software on or part of the Tiara Styles Beauty and all aspects thereof, including all copyrights and other intellectual property or proprietary rights therein, is owned by the Company or its licensors. You acknowledge that the Website and any underlying technology or software on the Website or used in connection with rendering the Services are proprietary information owned or duly licensed to the Company, except where it is indicated otherwise. You are prohibited to modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit, any of the content, software, marks, logos, and/or materials available on the Website in whole or in part except as expressly allowed under the Terms of Use. You have no other express or implied rights to use, in any manner whatsoever, the content, software, marks, logos, and/or materials available on the Website.
Use of Image: Client(s) agree to allow Tiara Styles Beauty Co to use images, photo / video and agrees to release any and all claims regarding use of his/her image for marketing and promotion purposes. Client(s) also agrees to release the name and contact information of professional photographers and/ or videographers used for recording any event for which the Hair stylist or Makeup Artist has been contracted to do. Client(s) agree to release to Tiara Styles Beauty Co use of said photographer/videographer photographs and recordings. This signed agreement serves as a release to client(s), photographer/videographer and authorizes them to release to Tiara Styles Beauty Co and its owners any photographs/recordings to use on any promotional materials Tiara Styles Beauty Co deems necessary. Price Increases: Should you submit your contract after a price increase the current rates would not apply. TSB will inform you upon receipt of the contract if the prices have changed i.e. January 2024 prices could be higher than January 2023 prices.
All Tiara Styles Beauty artists will adhere to company policy at all times. Artists shall not compete with Tiara Styles Beauty or participate in work outside of Tiara Styles Beauty employment that would otherwise be considered a conflict of interest with their Tiara Styles Beauty employment without first disclosing such conflicts. Artists shall not market themselves with intellectual property belonging to Tiara Styles Beauty, including any content created by, for, or during any Tiara Styles Beauty event, artist, website, or client, without first disclosing such marketing to Tiara Styles Beauty and including branded Tiara Styles Beauty insignia on each. Any artist found in violation of the terms and conditions set forth in this contract may be subject to disciplinary action up to and including termination, as well as legal repercussion for the unauthorized use of intellectual property.
Linking Policies
The Website may contain links to other websites or to third party products and services. Such links are provided for your convenience only, and you access them at your own risk. We are not responsible for, and do not endorse, the content of any such sites, or the products and services sold on them, nor do we take responsibility for the accuracy of any such sites. When you visit a linked site you should read the terms of use and privacy policy that govern that particular linked site.
Disclaimer of Warranties
THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE WEBSITE OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPER-LINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES, OTHER THAN AS PROVIDED HEREIN. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ITS AFFILIATES OR LICENSORS WARRANT THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR THAT THE WEBSITE WILL BE ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESS OR CONTENT OF ANY SERVICE, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE WEBSITE.
NEITHER COMPANY NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER.
NEITHER COMPANY NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE WEBSITE IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS.
TIARA STYLES BEAUTY AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.
Limitation on Liability
YOU AGREE NOT TO HOLD THE COMPANY, ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES' AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS (COLLECTIVELY, "MEMBERS") LIABLE FOR ANY DAMAGES, EXPENSES, LOSSES, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, "LIABILITIES") THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR USE OF OR INABILITY TO USE THE WEBSITE AND SERVICES INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER OR ARTIST (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT, ACTS OF PHYSICAL VIOLENCE, AND LOSS OR DESTRUCTION OF PERSONAL PROPERTY), SERVICES, ANY DISPUTE WITH ANY USER/ARTIST, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY OUR ARTISTS AND ANY DESTRUCTION OF YOUR INFORMATION. UNDER NO CIRCUMSTANCES WILL WE OR OUR MEMBERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE WEBSITE OR ANY SERVICES OR MERCHANDISE, EVEN IF SUCH PARTIES WERE OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME. THE COMPANY AND MEMBERS DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED IN CONNECTION WITH THE WEBSITE, THE SERVICES, THE MERCHANDISE OR THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT THE COMPANY OR IT’S MEMBERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO THE COMPANY FOR SERVICES RENDERED DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE.
BY USING THE WEBSITE, YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THIS AGREEMENT ARE REASONABLE. IF YOU DO NOT BELIEVE THEY ARE REASONABLE, YOU MUST NOT USE THE WEBSITE AND OUR SERVICES.
YOU ACCEPT THAT, THE COMPANY HAS AN INTEREST IN LIMITING THE PERSONAL LIABILITY OF ITS OFFICERS, DIRECTORS AND EMPLOYEES. YOU AGREE THAT YOU WILL NOT BRING ANY CLAIM PERSONALLY AGAINST OUR OFFICERS, DIRECTORS OR EMPLOYEES IN CONNECTION WITH ANY DISPUTE, LOSS OR DAMAGE. WITHOUT PREJUDICE TO THE FOREGOING, YOU AGREE THAT THE LIMITATIONS OF WARRANTIES AND LIABILITY SET OUT IN THIS AGREEMENT WILL PROTECT THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS AND SUB-CONTRACTORS AS WELL AS THE COMPANY.
EACH PARTY ACKNOWLEDGES THAT THE OTHER PARTY HAS ENTERED INTO THIS AGREEMENT RELYING ON THE LIMITATIONS OF LIABILITY STATED HEREIN AND THAT THOSE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
Indemnity
You agree to release, defend, indemnify, and hold Company and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:
(i) your access to the Website,
(ii) your use of services offered through the website,
(iii) the violation of these Terms of Use by you, or
(iv) the infringement by you, or any third party using your account or User ID or password, of any intellectual property or other right of any person or entity.
Privacy
Use of the Website and/or the Services is also governed by our Privacy Policy.
Governing law - These Terms are governed by the laws of the state of Florida, USA. By accessing this website, you agree to the statutes and laws of Florida, without regard to the conflict of laws.
Dispute Resolution - The parties agree that any dispute or claim arising out of or in connection with this Agreement or its subject-matter, shall be subject to the non-exclusive jurisdiction of the courts in Florida, USA. The Company shall retain the right, at its option and for its exclusive benefit, to institute proceedings regarding or relating to your use of the Website in the location where you reside.
y -The Company may assign any of its responsibilities/obligations to any other Person without notice to the User, at its sole discretion. However, you shall not assign, sub-licence or otherwise transfer any of your rights under these Terms of Use to any other party, unless a written consent is taken from the Company.
- If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
- Failure by the Company to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy.
- The Company is not liable for failure to perform any of its obligations if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or any interruption or any failure of electricity or server, system, computer, internet or telephone service.
Interpretation - Unless the context otherwise requires, headings are inserted for ease of reference only and are not to be used to define, interpret or limit any of the provisions of this Agreement.
These "Terms of Use" and "Privacy Policy" of the Website constitute a binding agreement between You and the Company, and is accepted by You when you access this Website.