The present these Terms and Conditions (the "Terms" or the "Agreement") constitute an agreement between You, as a user ("You") of the present website ("Website"), and Us, Menestios Limited, a legal entity with registered address at: 5-9 Main Street, GX1 11AA, Gibraltar ("Company", "We", "Us", "Our").
The present Terms determine the ways and the mode for your access to and use of the Website. If you proceed using the Website this shall mean that you agree to these Terms. If you disagree with any part of these Terms, you may not use the Website. Please note that the Company does not permit the use of the Website by any person under the age of 18. Otherwise, please do not proceed with the use of the Website.
The present Terms and all other provisions referenced herein contain the entire agreement between You and Us regarding the use of the Website.
For the purposes of these Terms:
"Affiliate" shall mean an entity that have any affiliation or in any other way exercise control over a party, where "control" means, in relation to any person, the possession, directly or indirectly, of: (a) the power to make an impact on decisions of the management and on policies of that person; or (b) ownership of securities (or similar rights) as confer on the holder thereof the right to exercise in excess of fifty per cent (50%) in number of all votes exercisable in general meeting of all the members of such person.
The other terms, as may be specified throughout the text, shall have the meaning assigned to them throughout the text of the present Terms.
The terms that were defined in the present Terms shall have the same meaning regardless of whether they appear in singular or plural.
We provide access to the Website in "as is" and "as available" condition and with all faults and defects (if any).
To the maximum extent permitted by law, We on our own behalf and on behalf of our Affiliates and our and their respective licensees and service providers expressly disclaim warranties of any kind. This disclaimer concerns, inter alia, express or implied, statutory or otherwise, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement and warranties that may arise out of the course of dealing, course of performance, usage or trade practice.
With no limitation to the above, We and our Affiliates and our and their respective licensees and service providers expressly disclaim all and any warranties, whether express or implied:
(i) as to the availability or operation of the Website, or the accuracy, reliability, or currency of the data, content, and other information available on the Website; (ii) that the Website will be uninterrupted, timely, secure, or error-free;
(iii) that the Website, its servers, the content or the emails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components;
(iv) that any errors in the Website will be corrected.
Anything on the Website may be used by You at your own discretion and risk. We will not be anyhow responsible for any damage to your computer system or mobile device or loss of data that results from the use of anything on the Website.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability on applicable statutory rights of a consumer. Accordingly, some of the above exclusions and limitations in this paragraph may not apply to You.
Our aggregate combined liability and our Affiliates under, or otherwise in connection with, the present Terms shall not exceed the amounts actually paid by you to Us or Website (if any) during the three (3) months immediately preceding the date on which you bring your claim. accordingly, if you have not paid the website any amounts in such a three-month period, the website shall have no liability to you whatsoever.
This limitation of liability shall apply for all claims, regardless of whether We were aware of or advised in advance of the possibility of damages or such claims. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above exclusions and limitations in this paragraph may not apply to You.
IN NO EVENT SHALL THE WEBSITE OR ITS AFFILIATES BE LIABLE FOR:
- ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES;
- ANY LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF REVENUE, OR LOSS OF ANTICIPATED SAVINGS;
- ANY LOSS OF, OR DAMAGE TO, DATA, REPUTATION, OR GOODWILL; AND/OR
- THE COST OF PROCURING ANY SUBSTITUTE GOODS OR SERVICES.
On a Website you may find third-party links, links to websites or services that are not owned or controlled by the Company.
The Website may enable You to view, access, link to, and use third party content, which is not owned or controlled by Us ("Third-Party Content"), and such Third-Party Content is provided without Our or any other professional person monitoring, examining, validating or altering in any way such information, and without any verification as to whether such content is true, complete or accurate.
By accessing or using the Website, you may be exposed to Third-Party Content that is inaccurate, offensive, indecent, or objectionable. You are solely responsible and liable for your interaction with it. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against the Website, and release the Us from any and all liability, arising from your use of and interaction with any Third-Party Content. If you have any query or complaint regarding Third-Party Content, You agree to contact such third party directly.
We may terminate or suspend Your access to the Website immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you violate any provision of these Terms. Your right to use the Website will cease immediately upon termination.
These Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of laws provisions. Any disputes arising from these Terms, including those concerning validity, interpretation, or enforcement, shall be resolved by the London Court of International Arbitration.
If any provision of the present Terms is held to be uneffective or invalid, the remainder of the Terms shall remain in full force and effect.
Except as provided herein, the failure to require performance of any provision of these Terms will not affect a Party's right to exercise such right or require such performance or any time thereafter, nor shall a waiver of any breach or default of the present Terms or any provision of the present Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
We reserve the right, at Our sole discretion, to modify or replace these Terms on this page of the Website at any time. We may notify you specifically about some critical changes, but are not obliged to do so in every case.
By continuing to access or use the Website after those revisions become effective, You agree to be bound by the revised Terms. If You do not agree to be bound by the revised Terms, You may not use or access the Website.