Showroom
FairView Ave, El Monte
California 91732
Opening Hour
Monday to Friday 7:00 - 21:00 Saturday 7:00 - 16:00
Phone
(+88) 0172 570051
(+88) 0172 570051

TERMS AND CONDITIONS

1.The following terms and conditions provided for in this Agreement (hereinafter referred to as the “Agreement”) are entered in to by the Subscriber and Electrified LLC, being a company incorporated in Cyprus with Registration No. [] (hereinafter referred to as the “Service Provider”). This Agreement governs a Subscriber’s access to and use of the data, information, content, material and products on [] (hereinafter referred to as the “Website”) or any other affiliated website belonging to the Service Provider.

2.The terms and conditions provided for in this Agreement bind the Subscriber and, where there are no conflicting or inapplicable terms or where the terms can be reasonably construed to apply to a person other than the Subscriber even if not expressly stated, any other person who views or visits the Website or any other affiliated website belonging to the Service Provider.

3.The Subscriber is any natural or legal person who in exchange for consideration (hereinafter referred to as the “Price”) paid in the amount advertised on Website or any other affiliated website belonging to the Service Provider on the date of subscription is granted a one-year revocable, non-exclusive, non-transferable and non-sub licensable limited license to access the data, information, content, material, products and services offered for consideration on the Website or any other affiliated website belonging to the Service Provider (hereinafter referred to as the “Data”). Subscription shall take place when the Subscriber places an order, their order has been accepted by the Service Provider, payment has been confirmed and the Subscriber has been sent confirmation of the purchase.

4.The Data must be accessed from a computer, tablet, mobile telephone or any other similar device that is either in the exclusive possession of the Subscriber or one that they use in the regular course of their business. The Subscriber is permitted to access the Data only as expressly authorized by the Service Provider.

5.All Prices advertised are exclusive of any and all taxes, duties, fees and charges of whatever nature, which shall be borne by the Subscriber, if applicable.

6.The Subscriber may also face additional charges for paying with a credit or debit card, by bank transfer or any other payment method, or with a different currency than the one advertised on the Website or any other affiliated website belonging to the Service Provider. In any of these cases, the Subscriber shall bear any additional charges.

7.Upon expiry of the one-year term, the Subscriber may renew their subscription to the Website or any other affiliated website belonging to the Service Provider in order to access the Data by paying the Price advertised in addition to any applicable taxes, duties, fees and charges of whatever nature on the date of subscription renewal.

8.The Service Provider reserves the right to increase or decrease the Price for a Subscriber to access the Data, with such increase or decrease of the Price taking effect for each individual Subscriber on the date of subscription or renewal of subscription.

9.The Service Provider reserves the right to exempt any Subscriber it so desires from paying the Price to access the Data.

10.The Subscriber shall not access or use the Data in a way intended to avoid incurring fees.

11.Any person who accesses the Data without paying the Price or without authorization from the Service Provider shall be deemed to be in breach of this Agreement and/ or in violation of applicable laws. To contravene this provision is considered a breach and/ or a violation of applicable laws, against which legal action will be taken.

12.All sales are final and no full or partial refunds shall be provided unless access to the Data is faulty. If the subscription was purchased as part of a promotion, only the promotional value that the Subscriber actually paid shall be refunded.

13.The Service Provider reserves the right to reject any subscription and to refuse services to any person for any reason, in its sole and absolute discretion.

14.The Subscriber agrees that the Data shall not be used in any way other than in compliance with this Agreement.

15.The Subscriber agrees to comply with all the legal requirements of the jurisdiction in which they are located with respect to their use or access of the Data or the Website or any other affiliated website belonging to the Service Provider and they acknowledge that they are entirely responsible for ensuring their own familiarity with such requirements and their own compliance with the same.

16.No natural or legal person may become a Subscriber or use or access the Data or the Website or any other affiliated website belonging to the Service Provider if they are a competitor of the Service Provider.

17.Before entering into this Agreement, the Subscriber warrants that they are legally capable of entering into a binding contract and that they are fully compliant with all laws, regulations and rules of the relevant jurisdiction(s) that apply to them. Minors under the age of 18 years shall be prohibited from subscribing to the Data available on the Website or any other affiliated website belonging to the Service Provider and nor are they allowed to transact with the Website or any other affiliated website belonging to the Service Provider.

18.The Subscriber acknowledges and agrees that, in entering into this Agreement, they do not rely on and have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to this Agreement or not) which is not expressly set out or referred to in this Agreement.

19.Upon payment of the Price, the Service Provider shall supply the Subscriber with a username and password to access the Data. The username and password is issued to the Subscriber in their personal capacity only. The Subscriber shall take all means reasonably possible to keep the Data, username and password secure at all times. The Subscriber is responsible for maintaining password security and sharing passwords is strictly prohibited. The Subscriber is solely responsible for any use of or action taken under their password in connection with the Data. If the username or password is lost or stolen, the Subscriber shall immediately notify the Service Provider. The Subscriber shall be responsible for any charges incurred prior to cancellation by the Service Provider. The Service Provider reserves the right to change the Subscriber’s username and password at any time, subject to giving the Subscriber notice.

20.The Subscriber consents to having his payments to the Service Provider processed by a third party operating a payment gateway chosen at the discretion of the Service Provider and therefore consents to having whatever personal information of theirs is required to process the payment made available to such third party. Such information includes but is not limited to credit or debit card details, bank account details and so forth. If the Subscriber makes a payment for products or services, including but not limited to the Data, offered by the Service Provider on the Website or any other affiliated website belonging to the Service Provider, the details the Subscriber is asked to submit shall be provided directly to the Service Provider’s payment gateway provider. The Subscriber agrees to be bound by and comply with all the terms and conditions of the payment gateway provider. The Subscriber acknowledges that they shall be liable to the payment gateway provider for any breach of its terms and conditions.

21.Similarly, if the Subscriber elects to pay by bank transfer or any other payment method, the Subscriber consents to having whatever personal information of theirs is required to process the payment made available to the respective bank, financial institution or any other third party whose services are required to process the payment.

22.The Subscriber authorizes the Service Provider to use any registration information provided to the Service Provider in subscribing to verify the information of the Subscriber, including any updated information. The Subscriber is obliged to notify the Service Provider of any changes to the registration information of the Subscriber immediately.

23.The Subscriber consents to having whatever personal information of theirs is required to grant them access to the Data to be shared with the Service Provider, its parents, subsidiaries, affiliates, and their respective suppliers, and any of their owners, officers, directors, managers, members, employees, contractors and agents for the purposes of enabling their access to the Data.

24.The Subscriber is responsible for ensuring that they have the appropriate software and can access the Data on their computer, tablet, mobile telephone or any other similar device.

25.The Subscriber shall not store or access the Data on a shared network or on an intranet, extranet, internet site or anything similar.

26.The Subscriber warrants that they shall keep the Data confidential and shall use industry standard administrative, physical and technical safeguards to protect the Data.

27.The Subscriber agrees and warrants that they are the end user of the Data and that they shall only use it for their own personal purposes and shall not disclose the Data to any natural or legal person.

28.The Subscriber shall not reproduce the Data in any form whether identically or altered for the purposes of profit-making or for assisting a third party natural or legal person to profit from the Data.

29.The Subscriber shall not sell, resell, lease, sublicense, distribute, display, store, transfer, transmit, copy or publish whether in return for consideration or not any part of the Data to a third party and nor shall they permit others to do so. To contravene this provision is considered a breach of copyright, against which legal action will be taken.

30.The Service Provider prohibits any copying or reproduction of the Data unless its consent is granted. The Subscriber shall not modify, translate or create derivative works from the Data unless the consent of the Service Provider is granted.

31.The Subscriber may quote and excerpt from the Data with the appropriate citation and credit to the Service Provider.

32.The Subscriber shall not use or handle any Data in a manner contrary to or in violation of any applicable law, regulation, rule, court order, contractual or other legal obligation.

33.The Subscriber shall immediately report to the Service Provider any misuse, abuse, or compromise of the Data or any unauthorized use of the Data of which the Subscriber becomes aware and agrees to cooperate with any resulting inquiry or investigation.

34.The Subscriber shall not reverse engineer, decompile, disassemble or otherwise attempt to discern the source code of the components of the Data or the Website or any other affiliated website belonging to the Service Provider, nor shall the Subscriber reproduce all or any portion of the components of the Data or the Website or any other affiliated website belonging to the Service Provider.

35.The Service Provider retains the right to temporarily or permanently block access to certain parts or all the Data of the Service Provider without any notice, if it in its sole discretion, it reasonably believes that the Data may or has been used for an improper purpose, or has been abused or compromised, or otherwise in violation of the terms of this Agreement, or if the Service Provider is obliged to block such access in accordance with a law, regulation, rule, court order or contractual or other legal obligation.

36.The Subscriber is responsible for all damages caused by misuse, abuse or compromise of the Data caused by them or by any natural or legal person with whom they disclosed the Data. To reiterate, such disclosure to a third party is prohibited.

37.The Service Provider reserves the right to change, alter or amend the Data from time to time and access to certain Data may be restricted or inaccessible by the Subscriber.

38.The Service Provider is not obliged to add new Data to the Website or any other affiliated website belonging to the Service Provider on a regular basis and may at its own discretion decide whether to include new Data or withdraw Data from the Website or any other affiliated website belonging to the Service Provider without prior notice to the Subscriber.

39.The Subscriber grants the Service Provider a perpetual, irrevocable, transferable and non-exclusive right to use any comments, suggestions, ideas or recommendations they provide as related to their access to the Data in any manner and for any purpose.

40.The Website or any other affiliated website belonging to the Service Provider may include Data from third parties. Some third party providers require the Service Provider to pass additional terms and conditions through to the Subscriber. The third party providers change their additional terms and conditions occasionally and new third party providers are added from time to time. The Subscriber agrees to comply with all applicable third party additional terms and conditions.

41.Except for the limited license granted in this Agreement, all rights, title and interests in the Data and the Website or any other affiliated website belonging to the Service Provider, in all languages, formats and media throughout the world, including all copyrights and other intellectual property rights including but not limited to patents, designs, trademarks, trade secrets and so forth, are and shall continue to be the exclusive property of the Service Provider.

42.Whenever the Data is being used by the Subscriber, they must ensure that the copyright and trademark integrity and other intellectual and other proprietary rights of the Service Provider are maintained at all times. The Subscriber shall not erase, remove, modify, translate, deface or cover the Data or any trademark, copyright notice, guarantee or other statement on the Data.

43.The Website or any other affiliated website belonging to the Service Provider and the Data contain proprietary information, materials and content including but not limited to copyrighted material, trademarks, service marks, the Service Provider’s name and logo, and other proprietary information that are owned by the Service Provider and are protected by the applicable intellectual property and other laws. A Subscriber or any other viewer of the Website or any other affiliated website belonging to the Service Provider and/ or Data shall not adopt, use or apply for registration of any such copyrighted material, trademarks, service marks and other intellectual property rights, or any trademarks or service marks that are confusingly similar thereto, anywhere in the world. The Subscriber acknowledges that any and all intellectual property rights, which subsist in or arise in connection with the Website and the Data, and all modifications, enhancements, and improvements thereof, anywhere in the world, belong to the Service Provider.

44.THE SUBSCRIBER ACCESSES THE DATA AT THEIR OWN RISK. WITH THE EXCEPTION OF DEATH, PERSONAL INJURY AND FRAUDULENT MISREPRESENTATION CAUSED BY THE SERVICE PROVIDER, THE SERVICE PROVIDER IS NOT LIABLE FOR ANY LOSS OR DAMAGE CAUSED TO THE SUBSCRIBER AS A RESULT OF THEIR ACCESS TO THE DATA.

45.THE NATURE OF INTERNET COMMUNICATIONS MEANS THAT THE SUBSCRIBER’S ACCESS TO THE DATA MAY BE SUSCEPTIBLE TO DATA CORRUPTION, INTERCEPTION AND DELAYS. THE SERVICE PROVIDER SHALL NOT BE RESPONSIBLE FOR ANY DETRIMENTAL RELIANCE THE SUBSCRIBER PLACES ON THE DATA OR THE WEBSITE OR ANY OTHER AFFILIATED WEBSITE BELONGING TO THE SERVICE PROVIDER.

46.THE SERVICE PROVIDER IS NOT RESPONSIBLE FOR ANY THIRD PARTY INFORMATION ON THE WEBSITE OR ANY OTHER AFFILIATED WEBSITE BELONGING TO THE SERVICE PROVIDER. ANY LINKS TO WEBSITES ARE GIVEN WITH A VIEW TO BEING HELPFUL. THE SERVICE PROVIDER SHALL NOT BE HELD RESPONSIBLE FOR THE CONTENT ON ANY THIRD PARTY WEBSITES.

47.THE SERVICE PROVIDER IS NOT PROVIDING THE SUBSCRIBER WITH ANY PROFESSIONAL ADVICE ON THE WEBSITE OR ANY OTHER AFFILIATED WEBSITE BELONGING TO THE SERVICE PROVIDER. THE SUBSCRIBER’S INTERPRETATIONS OF THE DATA ARE THEIR OWN FOR WHICH THEY HAVE FULL RESPONSIBILITY. IN NO EVENT SHALL THE SERVICE PROVIDER BE LIABLE TO THE SUBSCRIBER FOR ANY CLAIMS RELATING IN ANY WAY TO THE SUBSCRIBER’S INABILITY OR FAILURE TO PERFORM RESEARCH OR RELATED WORK OR TO PERFORM SUCH RESEARCH OR WORK PROPERLY OR COMPLETELY, EVEN IF ASSISTED BY THE SERVICE PROVIDER IN ACCORDANCE WITH A SEPARATE AGREEMENT, OR ANY DECISION MADE OR ACTION TAKEN BY THE SUBSCRIBER IN RELIANCE UPON THE DATA.

48.THE INFORMATION CONTAINED ON THE WEBSITE OR ANY OTHER AFFILIATED WEBSITE BELONGING TO THE SERVICE PROVIDER AND IN THE DATA IS GENERAL IN NATURE AND IS NOT INTENDED TO ADDRESS THE CIRCUMSTANCES OF ANY PARTICULAR INDIVIDUAL OR ENTITY. ALTHOUGH THE SERVICE PROVIDER HAS ENDEAVORED TO PROVIDE ACCURATE AND TIMELY INFORMATION, IT EXPRESSLY DISCLAIMS ALL LIABILITY TO ANY NATURAL OR LEGAL PERSON WITH RESPECT TO ANYTHING DONE OR OMITTED TO BE DONE, AND WITH RESPECT TO THE CONSEQUENCES OF ANYTHING DONE OR OMITTED TO BE DONE WHOLLY OR PARTLY IN RELIANCE UPON THE WHOLE OR ANY PART OF THE CONTENTS OF THE WEBSITE OR ANY OTHER AFFILIATED WEBSITE BELONGING TO THE SERVICE PROVIDER AND/ OR THE DATA. NO NATURAL OR LEGAL PERSON SHOULD ACT OR REFRAIN FROM ACTING ON THE BASIS OF ANY MATTER CONTAINED IN THE WEBSITE OR ANY OTHER AFFILIATED WEBSITE BELONGING TO THE SERVICE PROVIDER AND/ OR THE DATA WITHOUT FIRST OBTAINING APPROPRIATE PROFESSIONAL ADVICE CONCERNING THE PARTICULAR FACT AND CIRCUMSTANCES AT ISSUE.

49.THE SERVICE PROVIDER SHALL NOT BE LIABLE FOR ANY LOSSES, WITH THE EXCEPTION OF DEATH, PERSONAL INJURY AND FRAUDULENT MISREPRESENTATION CAUSED BY THE SERVICE PROVIDER, WHICH MAY ARISE BY REASON OF ANY BREACH BY THE SERVICE PROVIDER OF THIS AGREEMENT. THE SERVICE PROVIDER SHALL NOT BE LIABLE FOR ANY LOSSES, WITH THE EXCEPTION OF DEATH, PERSONAL INJURY AND FRAUDULENT MISREPRESENTATION CAUSED BY THE SERVICE PROVIDER, WHICH MAY ARISE BY REASON OF ANY BREACH BY THE SERVICE PROVIDER OF ANY IMPLIED WARRANTY, CONDITION OR OTHER TERM, ANY REPRESENTATION OR ANY DUTY OF ANY KIND IMPOSED ON THE SERVICE PROVIDER BY OPERATION OF LAW WHERE SUCH LOSSES INCLUDE BUT ARE NOT LIMITED TO DIRECT LOSSES, ANY LOSS OF ANTICIPATED PROFITS OR EXPECTED FUTURE BUSINESS, DAMAGE TO REPUTATION OR GOODWILL, ANY DAMAGES, COSTS OR EXPENSES PAYABLE BY THE SUBSCRIBER TO ANY THIRD PARTY, ANY LOSS OF ANY ORDER OR CONTRACT, ANY LOSS THAT WAS NOT FORESEEABLE BY THE SERVICE PROVIDER AND THE SUBSCRIBER AT THE TIME THIS AGREEMENT WAS FORMED, OR ANY LOSS NOT CAUSED BY ANY BREACH ON THE PART OF THE SERVICE PROVIDER.

50.THE DATA PROVIDED BY THE SERVICE PROVIDER ON THE WEBSITE OR ANY OTHER AFFILIATED WEBSITE BELONGING TO THE SERVICE PROVIDER IS SUPPLIED TO THE SUBSCRIBER ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR PROVIDED BY STATUTE, AND IT HAS NOT BEEN SUPPLIED TO MEET THE SUBSCRIBER’S INDIVIDUAL REQUIREMENTS. THE SERVICE PROVIDER DOES NOT WARRANT UNINTERRUPTED OR ERROR-FREE ACCESS TO THE DATA OR THE LIFE OF ANY UNIVERSAL RESOURCE LOCATOR OR THIRD PARTY WEB SERVICE. IT IS THE SOLE RESPONSIBILITY OF THE SUBSCRIBER TO SATISFY THEMSELVES PRIOR TO ENTERING INTO THIS AGREEMENT THAT THE DATA SHALL MEET THE SUBSCRIBER’S REQUIREMENTS AND BE COMPATIBLE WITH THE SUBSCRIBER’S COMPUTER, TABLET, MOBILE TELEPHONE OR ANY OTHER SIMILAR DEVICE. NO FAILURE OF ANY PART OF THE DATA TO BE SUITABLE FOR THE SUBSCRIBER’S REQUIREMENTS SHALL GIVE RISE TO ANY CLAIM AGAINST THE SERVICE PROVIDER, ITS PARENTS, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE SUPPLIERS, AND ANY OF THEIR OWNERS, OFFICERS, DIRECTORS, MANAGERS, MEMBERS, EMPLOYEES, CONTRACTORS AND AGENTS. TO THE EXTENT PERMITTED BY LAW, THE SERVICE PROVIDER EXPRESSLY EXCLUDES ALL WARRANTIES INCLUDING BUT NOT LIMITED TO WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OMISSIONS, COMPLETENESS, CURRENCY AND DELAYS.

51.THE SERVICE PROVIDER SHALL NOT BE LIABLE FOR ANY LOSS, WITH THE EXCEPTION OF DEATH, PERSONAL INJURY AND FRAUDULENT MISREPRESENTATION CAUSED BY THE SERVICE PROVIDER, ARISING OUT OF OR CAUSED IN WHOLE OR IN PART BY ITS NEGLIGENT ACTS OR OMISSIONS IN PROCURING, COMPILING, COLLECTING, INTERPRETING, REPORTING, COMMUNICATING OR DELIVERING THE DATA.

52.THE SERVICE PROVIDER SHALL NOT BE LIABLE FOR ANY LOSS, WITH THE EXCEPTION OF DEATH, PERSONAL INJURY AND FRAUDULENT MISREPRESENTATION CAUSED BY THE SERVICE PROVIDER, ARISING OUT OF ANY PROBLEMS OR TECHNICAL MALFUNCTIONS OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY COMMUNICATIONS DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON THE WEBSITE OR ANY OTHER AFFILIATED WEBSITE BELONGING TO THE SERVICE PROVIDER OR A COMBINATION THEREOF, INCLUDING ANY DAMAGE TO ANY NATURAL OR LEGAL PERSON’S COMPUTER RELATED TO OR RESULTING FROM USE OF THE WEBSITE OR ANY OTHER AFFILIATED WEBSITE BELONGING TO THE SERVICE PROVIDER.

53.UNDER NO CIRCUMSTANCES SHALL THE SERVICE PROVIDER BE LIABLE TO THE SUBSCRIBER FOR ANY DIRECT LOSSES, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF PRODUCTION, LOSS OF USE, LOSS OF BUSINESS, LOSS OF GOODWILL, LOSS OF ANTICIPATED SAVINGS, FINANCING COSTS AND INCREASED OPERATING COSTS.

54.WHILST ALL REASONABLE CARE HAS BEEN TAKEN TO EXCLUDE COMPUTER VIRUSES, NO WARRANTY IS MADE THAT THE DATA IS VIRUS FREE. THE SUBSCRIBER SHALL BE RESPONSIBLE TO ENSURE THAT NO VIRUS IS INTRODUCED TO ANY COMPUTER OR NETWORK AND SHALL NOT HOLD THE SERVICE PROVIDER RESPONSIBLE. THE SERVICE PROVIDER SHALL NOT BE LIABLE FOR ANY VIRUSES THAT ARE INTRODUCED TO THE DATA BY THIRD PARTIES WITH WHOM IT COLLABORATES.

55.WHERE IT IS NOT POSSIBLE TO EXCLUDE LIABILITY UNDER APPLICABLE LAW AND TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, THE SUBSCRIBER AGREES THAT THE SERVICE PROVIDER’S MAXIMUM LIABILITY TO THE SUBSCRIBER, AND WHERE APPLICABLE, SUBSCRIBER’S EMPLOYEES, STAFF, CONTRACTORS, SUBCONTRACTORS, AGENTS OR REPRESENTATIVES FOR ANY CORRESPONDING CLAIM ARISING OUT OF THIS AGREEMENT, OR IN STATUTE, COMMON LAW, CONTRACT, EQUITY, TORT OR OTHERWISE, IN CONNECTION WITH THIS AGREEMENT, WHERE IT IS ADJUDICATED THAT THE SERVICE PROVIDER WAS AT FAULT SHALL BE LIMITED TO THE FEES PAID OR PAYABLE BY THE SUBSCRIBER UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRECEDING THE TIME OF ANY CLAIM. WHERE UNDER SUCH CIRCUMSTANCES THERE IS MORE THAN ONE CORRESPONDING CLAIM ARISING OUT OF THIS AGREEMENT, OR IN STATUTE, COMMON LAW, CONTRACT, EQUITY, TORT OR OTHERWISE, IN CONNECTION WITH THIS AGREEMENT, IN ANY PERIOD IN THE TWELVE (12) MONTHS FOLLOWING ON FROM THE FIRST CLAIM PROVIDED THAT IT IS ADJUDICATED THAT THE SERVICE PROVIDER WAS AT FAULT, THE SUBSCRIBER AGREES THAT THE SERVICE PROVIDER’S MAXIMUM LIABILITY TO THE SUBSCRIBER AND WHERE APPLICABLE, SUBSCRIVER’S EMPLOYEES, STAFF, CONTRACTORS, SUBCONTRACTORS, AGENTS OR REPRESENTATIVES FOR ALL SUCH CLAIMS IN TOTAL IN THE SAID PERIOD OF TWELVE (12) MONTHS WHERE IT IS ADJUDICATED THAT THE SERVICE PROVIDER WAS AT FAULT, UNLESS SUCH LIABILITIES ARE CAPABLE OF BEING LEGALLY EXCLUDED, SHALL BE LIMITED TO THE FEES PAID OR PAYABLE BY THE SUBCRIBER UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRECEDING THE TIME OF THE FIRST CLAIM PROVIDED THAT IT IS ADJUDICATED THAT THE SERVICE PROVIDER WAS AT FAULT. FOR THE AVOIDANCE OF DOUBT, ANY NUMBER OF CLAIMS BY ANY OF THE SUBSCRIBER OR SUBSCRIBER’S EMPLOYEES, STAFF, CONTRACTORS, SUBCONTRACTORS, AGENTS OR REPRESENTATIVES SHALL BE DEEMED AS CLAIMS MADE BY A SINGLE PARTY AND SHALL BE TREATED AS IF THEY ARE MADE BY A SINGLE PARTY WITHIN THE SAID PERIOD OF TWELVE (12) MONTHS. THE PROVISIONS OF THIS CLAUSE SHALL NOT HAVE EFFECT TO LIMIT THE SERVICE PROVIDER’S LIABILITY TO ANY PERSON FOR PERSONAL INJURY OR DEATH ARISING OUT OF THE NEGLIGENCE OF THE SERVICE PROVIDER, OR LIABILITY FOR FRAUDULENT MISREPRESENTATION CAUSED BY THE SERVICE PROVIDER.

56.THE SUBSCRIBER SHALL HAVE NO RIGHT TO MAKE A CLAIM, REGARDLESS OF FORM, AGAINST THE SERVICE PROVIDER WHICH IN ANY WAY ARISES OUT OF THIS AGREEMENT, NOR AN ACTION BASED UPON SUCH CLAIM BROUGHT UNDER THIS AGREEMENT, MORE THAN ONE YEAR AFTER THE BASIS FOR THE CLAIM BECOMES KNOWN TO THE SUBSCRIBER DESIRING TO ASSERT IT.

57.THE SUBSCRIBER ACKNOWLEDGES THAT THE PROVISION OF DATA THROUGH THE WEBSITE OR ANY OTHER AFFILIATED WEBSITE BELONGING TO THE SERVICE PROVIDER ENTAILS THE LIKELIHOOD OF SOME HUMAN AND MACHINE ERRORS, DELAYS, INTERRUPTIONS AND LOSSES, INCLUDING THE INADVERTENT LOSS OR DAMAGE TO THE DATA AND/ OR THE WEBSITE OR ANY OTHER AFFILIATED WEBSITE BELONGING TO THE SERVICE PROVIDER.

58.THE SUBSCRIBER SHALL ACCEPT SOLE RESPONSIBILITY FOR AND THE SERVICE PROVIDER SHALL NOT BE LIABLE FOR THE USE OF THE DATA BY THE SUBSCRIBER OR ANY THIRD PARTY. THE SERVICE PROVIDER SHALL HAVE NO RESPONSIBILITY WHATSOEVER FOR ANY LIABILITY OF THE SUBSCRIBER TO ANY THIRD PARTY WHICH MAY ARISE. THE SERVICE PROVIDER SHALL HAVE NO RESPONSIBILITY WHATSOEVER FOR ANY LIABILITY OF ANY THIRD PARTY TO THE SUBSCRIBER WHICH MAY ARISE.

59.ANY PROMOTIONS MADE AVAILABLE ON THE WEBSITE OR ANY OTHER AFFILIATED WEBSITE BELONGING TO THE SERVICE PROVIDER OR BY ANY ELECTRONIC COMMUNICATIONS BY THE SERVICE PROVIDER FOR ANY TYPES OF SERVICES INCLUDING BUT NOT LIMITED TO SUBSCRIPTION AND CONSULTING SERVICES ARE SUBJECT TO CHANGE AND MAY BE EXERCISED BY THE SERVICE PROVIDER AT ITS DISCRETION. THE SERVICE PROVIDER RESERVES THE RIGHT TO REFUSE TO EXERCISE ANY PROMOTION.

60.Any advertisements viewed on the Website or any other affiliated website belonging to the Service Provider may be selected and delivered by third parties, such as ad networks, advertising agencies, advertisers and audience segment providers. These third parties may collect information about the Subscriber and other visitors to the Website or any other affiliated website belonging to the Service Provider and their online activities, either on the Website or any other affiliated website belonging to the Service Provider or on other websites, through cookies, web beacons and other technologies in an effort to understand their interests and deliver to them advertisements that are tailored to their interests. The Service Provider does not have access to, or control over, the information these third parties may collect.

61.The Subscriber acknowledges and accepts that the Service Provider may be obliged at certain times to share information about the Subscriber with a public authority in pursuance of a law, regulation, rule or court order. If such an event arises, the Subscriber agrees to cooperate with any such inquiry or investigation, subject to attorney-client confidentiality, if applicable.

62.THE SUBSCRIBER AGREES TO HOLD HARMLESS AND FULLY INDEMNIFY THE SERVICE PROVIDER, ITS PARENTS, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE SUPPLIERS, AND ANY OF THEIR OWNERS, OFFICERS, DIRECTORS, MANAGERS, MEMBERS, EMPLOYEES, CONTRACTORS AND AGENTS FROM AND AGAINST ANY CLAIMS, LIABILITIES, SUITS, JUDGMENTS, LITIGATION OR ARBITRATION COSTS, CAUSES OF ACTION, DEMANDS, RECOVERIES, LOSSES, ACTUAL AND CONSEQUENTIAL DAMAGES, FINES, PENALTIES, AND ATTORNEYS’ FEES OR OTHER COSTS OR EXPENSES OF ANY KIND OR NATURE ARISING FROM OR IN ANY WAY RELATED TO THE SUBSCRIBER’S USE OF THE WEBSITE OR ANY OTHER AFFILIATED WEBSITE BELONGING TO THE SERVICE PROVIDER AND/ OR THE DATA INCLUDING BUT NOT LIMITED TO THOSE BROUGHT BY THE SUBSCRIBER OR ON THEIR BEHALF OR BY THIRD PARTIES AS A RESULT OF THE SUBSCRIBER’S BREACH OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT, OR THE SUBSCRIBER’S VIOLATION OF ANY LAW, REGULATION, RULE, COURT ORDER, CONTRACTUAL OR OTHER LEGAL OBLIGATION.

63.When the Subscriber uses the Data or Website or any other affiliated website belonging to the Service Provider or sends e-mails to the Service Provider, the Subscriber is communicating with the Service Provider electronically. The Subscriber consents to receive electronically any communications related to their use of the Data or Website or any other affiliated website belonging to the Service Provider. The Subscriber agrees that all agreements, notices, disclosures and other communications that are provided to them electronically satisfy any legal requirement that such communications be in writing. All notices from the Service Provider intended for receipt by the Subscriber shall be deemed delivered and effective when sent to the e-mail address the Subscriber provides to the Service Provider upon subscription.

64.The Subscriber shall not transfer, sublicense, assign or otherwise dispose of this Agreement in whole or in part to any natural or legal person without the prior written consent of the Service Provider. The Service Provider may transfer, sublicense, assign or otherwise dispose of this Agreement in whole or in part to any natural and legal person without the consent of the Subscriber.

65.The performance of the Service Provider and the Subscriber under this Agreement may be subject to interruption and delay due to causes beyond their reasonable control, such as acts of God, acts of any government, war or other hostility, civil disorder, the elements, fire, explosion, power failure, equipment failure, industrial or labour dispute, inability to obtain necessary supplies, and the like. Under no circumstances whatsoever shall any such event excuse the Subscriber from its obligation under this Agreement to make any payment of the Price and/ or other fees or to delay payment of the Price and/ or other fees.

66.The Service Provider is entitled to withdraw from this Agreement in the case of obvious errors or inaccuracies regarding the Data and/ or Website or any other affiliated website belonging to the Service Provider. If an error or inaccuracy is discovered with regards to the advertised Price of the subscription to the Data that the Subscriber has ordered, the Service Provider shall contact them as soon as possible by e-mail to inform them of the correct Price of the subscription to the Data, and to inquire whether the Subscriber wishes to continue with the order at the amended Price, or to cancel the order altogether.

67.The Service Provider may suspend or limit the Subscriber’s access to the Data or terminate this Agreement immediately without notice if, in the sole discretion of the Service Provider, it determines that the Subscriber’s access may result in a risk to public safety, or that there has been a breach of security, material breach of the Subscriber’s obligations under this Agreement, material breach of any other agreement between the Service Provider and the Subscriber or a violation of a law, regulation, rule, court order, contractual or other legal obligation. The Subscriber shall also have no claim against the Service Provider if their access to the Data is terminated by an act outside of the control of the Service Provider.

68.The Service Provider may suspend or limit the Subscriber’s access to the Website for reasonable maintenance purposes.

69.In the event of any breach of this Agreement, including but not limited to any violation of any intellectual or other proprietary rights in the Data, the Service Provider shall have the right to terminate this Agreement immediately, without notice and without prejudice to any claim which the Service Provider may have either for moneys due and/ or damages and/ or otherwise.

70.Upon termination, the Subscriber’s access to the Data shall end immediately and the Subscriber shall, subject to any document retention requirement under the law, delete and certify the deletion of any Data made available from the Website or any other affiliated website belonging to the Service Provider that they have in their personal possession or in the possession of any third party made available to them by the Subscriber. Termination of this Agreement shall not relieve the Subscriber of their obligation to pay the Service Provider any amounts they owe under this Agreement. The Subscriber’s obligations towards the Service Provider shall survive the termination of this Agreement.

71.This Agreement constitutes the entire and complete agreement. No agreements, understandings, restrictions, discussions, representations, or warranties, if any, exist between the Service Provider and the Subscriber other than those in this Agreement or referred to or provided for in this Agreement.

72.If any term or provision of this Agreement is held to be void or unenforceable, that term or provision shall be severed from this Agreement, the balance of the Agreement shall survive and be reasonably construed to carry out the intent of the Service Provider and the Subscriber as evidenced by the terms of this Agreement.

73.The Service Provider reserves the exclusive right to modify or amend any provisions of this Agreement. The policies of the Website or any other affiliated website belonging to the Service Provider and the terms and conditions contained in this Agreement may be amended or updated occasionally to meet certain requirements and standards. Subscribers are therefore encouraged to frequently visit these sections in order to be updated about the changes on the Website or any other affiliated website belonging to the Service Provider. Modifications/ amendments shall be effective on the date they are posted.

74.Failure or neglect by the Service Provider to enforce at any time any of the terms and conditions contained in this Agreement shall not constitute or be construed as a waiver of its rights and it shall not affect the validity of the whole or any part of these terms and conditions or prejudice its right to take subsequent action.

75.All rights not expressly granted herein are expressly reserved by the Service Provider.

76.Nothing in this Agreement is intended to confer on any third party any benefit or any right to enforce any of the terms and conditions contained in this Agreement.

77.Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the Arbitration Rules of the DIFC – LCIA Arbitration Centre, which Rules are deemed to be incorporated by reference into this Clause. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be the Dubai International Financial Centre (DIFC). The language to be used in the arbitration shall be English. The governing law of the Agreement shall be the substantive law of England and Wales.

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