GENERAL TERMS AND CONDITIONS OF USE
Last update: 17 Oct 2018
OVERVIEW
THIS WEBSITE IS OPERATED BY ELMLEA CONSULTANTS LIMITED (1497611), MILL MALL, SUITE 6, WICKHAMS CAY 1, PO BOX 3085, THE BRITISH VIRGIN ISLANDS.THROUGHOUT THE SITE, THE TERMS “WE”, “US” AND “OUR” REFER TO ELMLEA CONSULTANTS LIMITED. ELMLEA CONSULTANTS LIMITED OFFERS THIS WEBSITE, INCLUDING ALL INFORMATION, TOOLS AND SERVICES AVAILABLE FROM THIS SITE TO YOU, THE USER, CONDITIONED UPON YOUR ACCEPTANCE OF ALL TERMS, CONDITIONS, POLICIES AND NOTICES STATED HERE.
BY VISITING OUR SITE AND/OR PURCHASING SOMETHING FROM US, YOU ENGAGE IN OUR “SERVICE” AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS (“TERMS OF SERVICE”, “TERMS”), INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR AVAILABLE BY HYPERLINK. THESE TERMS OF SERVICE APPLY TO ALL USERS OF THE SITE, INCLUDING WITHOUT LIMITATION USERS WHO ARE BROWSERS, VENDORS, CUSTOMERS, MERCHANTS, AND/OR CONTRIBUTORS OF CONTENT.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING OR USING OUR WEBSITE. BY ACCESSING OR USING ANY PART OF THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN YOU MAY NOT ACCESS THE WEBSITE OR USE ANY SERVICES. IF THESE TERMS OF SERVICE ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS OF SERVICE.
Any new features or tools which are added shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 - GENERAL CONDITIONS
By agreeing to these Terms of Service, you represent that you may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
A breach or violation of any of the Terms will result in an immediate termination of your Services.
We reserve the right to refuse service to anyone for any reason at any time.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 2 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 3 – PRICES AND PAYMENT TERMS
Any prices or any consideration for the Services offered via the Website are currently published on the Website (available at www.elmlea.co). We reserve the right to negotiate customized prices and special offers at our discretion and to amend prices from time to time.
Generally payment for the Services are carried out through third-party services. In addition the Services offered may require you to subscribe to the services of said third-party providers to receive and make payment. In all cases, by subscribing to the Services, you agree to (i) comply with any terms and conditions, guidelines and other similar rules of such third-party service-providers (including fair use policies) and you will be required to sign up and consent to same and (ii) you may be subject to the payment of charges and fees for the services provided by the third-party service-providers as applicable.
We reserve the right to refuse payment by any means and/or to request any other method of payment and to request proof of identity or any other documentation as deemed fit.
To the fullest extent permitted by law, refunds of sums paid are at our discretion and generally only in the form of credit for the Services. Nothing in these Terms obligates us to extend credit to any party.
SECTION 4 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 5 - THIRD-PARTY LINKS
Certain content, products and services available via the Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. 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.
SECTION 6 - INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that the Services and any necessary content used in connection with the Website and Services contain proprietary and confidential information that is protected by applicable intellectual property rights and limitations (including inter alia rights and limitations relating to copyright, trademarks, service rights, design rights, patents, service marks, database rights and rights in preparatory works amongst others) and other laws, whether belonging to us or to third-parties and which may be registered or registrable. All designs, text, graphics and multimedia content available from the domain name URL: http://www.elmlea.co and pages within that domain and any sub-domain/s and all related code (including but not limited to HTML, other mark-up languages, and all scripts be it in source code or object code) within this Website are the property of Elmlea Consultants Limited. Use of such intellectual property is subject to the terms of any license governing such use and any other use beyond that permitted in the licence or under these Terms shall be an infringement of these terms.
SECTION 7 – LIMITED LICENSE
You acknowledge and agree that we grant you a limited, personal, non-transferable and non-exclusive right and license to use the Website and Services and content therein for non-commercial purposes provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any rights.
You agree not to modify the content material in any manner or form, or to use modified versions of the material, including, without limitation, for the purpose of obtaining unauthorized access to the Website and Services. Material and content from the Website may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. Modification of the materials, or use of the materials for any other purpose is a violation of copyright and other proprietary rights.
SECTION 8 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 9 - PERSONAL INFORMATION
Your submission of personal information is governed by our Privacy Policy. In addition, to use some or all of the Services you are required to submit to us some registration data and information about yourself or others which data and information is subject to our Privacy Policy which you are advised to read here. www.elmlea.co/privacy-policy.
When you access the Website and use any Service our systems may record some data relating to your access which may be deemed to constitute personal data. In so doing you agree to provide lawful, true, accurate, current and complete information and to maintain and promptly update the information to keep it true, accurate, current and complete in the event of any mistake or change.
If you provide any information that is untrue, inaccurate, not current, misleading, infringing or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, misleading, infringing or incomplete, we have the right to suspend or terminate your account (or any account to which you are associated or a member of) and refuse any and all current or future use of the Website and/or Service.
SECTION 10 - DATA RETENTION AND DISCLOSURE
You acknowledge and agree that we may process, store and preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third- parties; or (d) protect the rights, property, personal safety, the Website, its users, and the public.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information in the Service or on any related website is inaccurate at any time without prior notice.
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Elmlea Consultants Limited, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Elmlea Consultants Limited and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – LEGAL USE
You are aware that as a result of the global nature of the Internet and World Wide Web the Website and Services are available online and may generally be accessible from anywhere in the world at any time. Access to and use of the Website and/or Services thereon may not be legal by certain persons or in certain jurisdictions. Access to and use of the Website and the Services are at your own risk and you are responsible for compliance with the laws of your jurisdiction and any jurisdiction in respect of which you use the Website and/or Services. You agree to comply with all local rules regarding online conduct and acceptable content in particular user generated content. The Licensee further understands and is aware that the use, including the interfacing of the Service in conjunction with other Third-Party software or hardware, without the prior consent or authorisation of the Third-Party may be deemed to be unlawful or illegal in particular jurisdictions and/or may be in breach of the rights, conditions or rules of the third-party on whose platform, services, equipment, hardware or software or otherwise the Service is used, interfaced with or otherwise applied to or used in conjunction with, and therefore it shall be your responsibility to ensure that its use of the Service is lawful and not in breach of any third-party rights or applicable laws in some jurisdictions.
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service are governed by and shall be construed in accordance with the laws of The British Virgin Islands. If any provision of these Terms of Service are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any of these Terms of Service shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
SECTION 19 - DISPUTES
We will seek to resolve all disputes by amicable discussion and therefore in the event of any complaint, problem or concern you are cordially invited to raise the matter with us and if necessary we may appoint an independent mediator to assist the parties in arriving at an amicable solution. Otherwise you expressly agree that the exclusive jurisdiction for any dispute with us, or in any way relating to your use of the Website and/or Services, resides in the courts of The British Virgin Islands, and you further agree and expressly consent to the exercise of personal jurisdiction in The British Virgin Islands courts or tribunals in connection with any such dispute including any claim involving us, our affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.
SECTION 20 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 21 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us in the following manner:
E-mail: info@elmlea.co
By traditional mail: Elmlea Consultants Ltd, Mill Mall, Suite 6, Wickhams Cay 1, PO Box 3085, The British Virgin Islands.