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FARMASI TERMS OF USE
ACCEPTANCE OF TERMS THROUGH USE
These Terms of Use (“Terms”) govern your access and use of the [www.farmasi.co.uk] website (“Website”) and any applications, features or functionality offered or made available on or through the Website, including any Farmasi Influencer’s personal web pages provided through the Website. Your access to and use of the Website is conditional upon your acceptance of these Terms. By accessing or using the Website you agree to be bound by these Terms.
These Terms do not apply to the provision of our products or services and if we agree to provide any products or services to you then our separate contract terms will apply.
Farmasi Limited (“Farmasi” “Company”, “We”, or “Our”), a company incorporated in England & Wales under company number 15028672 whose principal place of business is at [C/O Memery Crystal 165 Fleet Street London] is the operator of the Website and we can be contacted at this address or by email at info@farmasi.co.uk.
By using this Website [or by clicking “I agree” to this agreement,] you (“User”, “Your” and “Your”) signify your agreement to these Terms. If you do not agree to these Terms, please do not access or otherwise use this Website [and do not click “I agree”].
Please check these Terms periodically for changes as Farmasi reserves the right to revise these Terms. In the event of any changes to these Terns, your continued use of this Website following the posting of any changes constitutes your acceptance of such changes. The information, features and other content included in this Website are also subject to change at any time without notice and by accessing this Website you assume the risk that the information, features and other content on this Website may be changed or removed at any time and from time to time.
We process information about you in accordance with our Privacy Policy. By using our Website, you acknowledge that you have been notified of the terms of our Privacy Policy and you warrant that all data provided by you is accurate. We use cookies in
accordance with our Cookie Policy. Our Privacy Policy and our Cookie Policy are incorporated into and form part of these Terms of Use.
These Terms constitutes the entire agreement between you and Farmasi relating to the subject matter hereof and supersede all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. No waiver of any of the provisions of these Terns shall constitute a waiver of any other provisions hereof (whether or not similar) and nor shall any such waiver constitute a continuing waiver unless otherwise expressly provided.
Farmasi reserves the right to terminate a user’s use of this Website at any time without notice and may do so for any breach of these Terms.
[YOU MUST BE 18 OR OLDER TO ACCEPT THESE TERMS AND USE THIS SITE]
[This Agreement must be completed, understood, and agreed to by a person over 18. If a parent or guardian wishes to permit a person under 18 to access this Site, he or she should email Farmasi with his or her explicit permission and acceptance of full legal responsibility. If you are not yet 18 or are accessing this website from any country where this material is prohibited, please exit now as you do not have proper authorization.]
LICENCE TO USE THIS WEBSITE
Farmasi hereby grants you a non-exclusive, non-transferable limited licence to use this Website subject to and in strict accordance with these Terms. You agree not to make any false or fraudulent statements as you use this website. You acknowledge and agree that all content and services available on this Website are the property of Farmasi or its third party licensors and are protected by copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws, in the U.K. and internationally. All rights not expressly granted herein are fully reserved by Farmasi, its advertisers and licensors.
LICENCE RESTRICTIONS
Use
Except as may be explicitly permitted, you agree not to save, download, cut and paste, sell, license, rent, lease, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from materials from this Website. Systematic retrieval of data or other content from this Website to create or compile, directly or indirectly, a collection, database, or directory without written permission from Farmasi is strictly prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terns is prohibited.
Promotions
This Website may contain free prize draws, contests or other promotions that require you to send material or information about yourself. Please note that prize draws, contests or promotions offered via the Webite may be, and often are, governed by a separate set of rules that, in addition to describing such prize draw, contest or promotion, may have eligibility requirements, such as certain age or geographic area restrictions, terms and conditions governing the use of material you submit, and disclosures about how your personal information may be used. It is your responsibility to read such rules to determine whether or not you want to and are eligible to participate, register and/or enter. By entering any such prize draw, contest or other promotion, you agree to comply with abide by such rules and the decisions of the sponsor(s) identified therein, which shall be final and binding in all respects.
Security
You agree that if you are issued a username and password by the Company, you shall use your best efforts to prevent access to this Website through your username and password by anyone other than yourself, including but not limited to, keeping such information in strict confidence, notifying the Company immediately if you discover loss or access to such information by an unauthorised party and by using a secure username and password not easily guessed by a third party.
You agree that you shall not try to reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter any executable code, contents, or materials on or received via this Website. You understand that such actions are likely to subject you to serious civil and criminal legal penalties and that Farmasi shall pursue such penalties to the full extent of the law to protect its rights and the rights of its third party licensors.
Export
You agree that you shall comply with all applicable export and import control laws and regulations in your use of this Website, or materials or services received through this website, and, in particular, you shall not export or re-export anything on or received through this website in violation of local or foreign export laws and/or without all required U.K. and any other applicable government licences.
Errors and Corrections
While we use reasonable efforts to include accurate and current information on our Website, we do not warrant or represent that the Website will be error-free. Data entry errors or other technical problems may sometimes result in inaccurate information being shown. We reserve the right to correct any inaccuracies or typographical errors on our Website, including pricing and availability of products and services, and shall have no liability for such errors. We may also make improvements and/or changes to the Website’s features, functionality, or content at any time. If you see any information or description you believe to be incorrect, please contact us and we will verify it for you.
LINKS TO OTHER WEBSITES
Our Website contains links to other websites for your information and convenience, or to provide additional shopping for various other goods and services through our merchant and services partners. These third-party websites are responsible for, and undertake to maintain, their own website terms of use. We suggest that you carefully review the terms of use of each website you choose to access from our Website.
USER’S LICENCE GRANT TO US
Except regarding personal information, all information and communications which you post on this Website or communicate to Farmasi through this Website (collectively “Submissions”) shall forever be the property of Farmasi. Farmasi shall not treat any submission as confidential and shall not incur any liability as a result of any similarities that may appear in future Farmasi services or products. Without copy, Farmasi shall have exclusive ownership of all present and future existing rights to any Submission of every kind and nature everywhere. You acknowledge that you are fully responsible for all Submissions, including its legality, reliability, appropriateness, originality, and copyright. You hereby represent and warrant that your Submissions do not infringe the rights of any third party.
USER CONDUCT
By using features of this Website that allow you to post or otherwise transmit information to or through this Website, or which may be seen by other users, you agree that you shall not upload, post, or otherwise distribute or facilitate distribution of any content, including text, communications, video, software, images, sounds, data, or other information, that:
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, sexually explicit or graphic, or otherwise in breach of this Website’s Terms;
- infringes any patent, trademark, service mark, trade secret, copyright, moral right, right of publicity, privacy or other proprietary right of any party;
- constitutes unauthorised or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorised solicitation, or any form of lottery or gambling;
- contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorised access to any data or other information of any third-party; or
- impersonates any person or entity, including any employee or representative of this Website, its licensors, or advertisers.
You also agree that you shall not harvest or collect information about the users of this Website or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic email or communications for any other commercial purpose of your own or a third-party.
You further agree that you shall not solicit or collect information, or attempt to induce any physical contact with, anyone under 18 years old without appropriate parental consent.
We generally do not pre-screen, monitor, or edit the content posted by users of this Website. However, we have the right, in our sole discretion, to remove any content that, in our sole judgment, does not comply with these Terms including the submission rules or is otherwise harmful, objectionable, or inaccurate. We are not liable for any failure, delay, damages, or results, in removing such content.
You agree that your use of this Website may be suspended or terminated immediately upon our receipt of any notice which alleges that you have used this Website in breach of these Terms and/or for any purpose that breaches any applicable law, including but not limited to the posting of information that may violate third-party rights, that may defame a third-party, that may be obscene or pornographic, that may harass or assault others, that may breach hacking or other criminal regulations, etc.. In such event, you
agree that we may disclose your identity and contact information, if requested by a government or law enforcement body or as a result of a subpoena or other legal action, and we shall not be liable for damages or result of a subpoena or other legal action, and we shall not be liable for damages or for any consequences or results thereof, and you waives all rights to, agree not to, bring any action or claim against us for such disclosure.
INTELLECTUAL PROPERTY RIGHTS
- Copyright
The website design, text, content, selection and arrangement of elements, organisation, graphics, compilation, magnetic translation, digital conversion, and other matters related to the Website are protected under applicable copyright laws, and are ALL RIGHTS RESERVED. The posting of any such elements on the Website does not constitute a waiver of any right in such elements. You do not acquire ownership rights to any such elements viewed through the Website. Except as otherwise provided herein, none of these elements may be used, copied, reproduced, downloaded, posted, displayed, transmitted, mechanical, photocopying, recording, or otherwise, without Farmasi’s prior written permission.
- Trademark
The Farmasi name, logo, and all product names, company names, and other logos (“Marks”), unless otherwise noted, are trademarks and/or trade dress of Farmasi US LLC. The use or misuse of any Marks or any other materials contained on the Website, without the prior written permission of their owner, is expressly prohibited.
THIRD PARTY SITES
You may be transferred to online merchants or other third-party sites through links or frames from this Website. You are cautioned to read their terms and conditions and/or privacy policies before using such websites. These websites may contain information or material that is illegal, unreasonable or that some people may find inappropriate or offensive. These other websites are not under the control of Farmasi and are not monitored or reviewed by Farmasi. The inclusion of such a link or frame does not imply endorsement by Farmasi, its advertisers or licensors, or any association with its operators, and is provided solely for your convenience. You agree that Farmasi and its licensors have no liability whatsoever in respect of such third-party websites including your access and use of them.
DISCLAIMER OF WARRANTIES
Farmasi, its advertisers and licensors make no representation or warranties about this Website, the suitability of the information contained on or received through use of this Website, or any service or products received through this Website. All information and use of this Website are provided “as is” without warranty of any kind. Farmasi, its advertisers and/or its licensors hereby disclaim all warranties with regard to this Website, the information contained or received through use of this Website, and any services or products received through this Website, including all express, statutory, and implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Farmasi, its advertisers and/or its licensors do not warrant that the contents or any information received through this Website are accurate, reliable or correct; that this Website will be available at any particular time or location; that any defects or errors will be corrected; or that the content of any information received through this Website is free of viruses or other harmful components. Your use of this website is solely at your risk. You agree that you have not relied on any warranties, representations, conditions or statements other than as may be expressly set out in these Terms. Some jurisdictions do not permit the exclusion of certain warranties, and accordingly some of these exclusions may not apply to you but shall apply to the maximum extent permitted by any applicable law of your jurisdiction.
LIMITATION OF LIABILITY
Our total aggregate liability in respect of causes of action that arise, whether in tort (including negligence), breach of contract or otherwise out of or in connection with the use of the Website or the use of or reliance upon any of its content or other information shall not exceed £500, save to the extent that any person suffers death or personal injury as a result of our negligence, or such liability arises as a result of our fraudulent misrepresentation, or otherwise if and to the extent that any such liability may not be lawfully excluded or limited.
Under no circumstances shall Farmasi, its advertisers and/or its licensors be liable for any indirect, punitive, incidental, special, or consequential damages that you may suffer or incur arising out of or in connection with your accessing or use, or inability to access or use, this Website. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, and even if Farmasi, its advertisers and/or its licensors have been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, Farmasi, its advertisers and/or its respective licensors’ liability in such jurisdictions shall be limited to the maximum extent permitted by the applicable law of your jurisdiction.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any website linked to it.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless, Farmasi and its advertisers, licensors, subsidiaries and other affiliated companies, and their employees, contractors, officers, agents and directors from all losses, damages, liabilities, claims, fines, penalties,, costs, charges and expenses, including legal costs, that may arise out of or in connection with your accessing or use of this Website , or any services, information or products from this website, or any breach of these Terms. Farmasi
reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with Farmasi in asserting any available defences.
CHOICE OF LAW AND FORUM
This Website (excluding third party linked sites) is controlled by Farmasi from [its offices within the State of Florida, United States of America]. It can be accessed from other countries around the world to the extent permitted by the Website. As each of these places has laws that may differ from English law, by accessing this Website, both you and Farmasi agree that English law shall apply to any actions or claims arising out of or in relation to these Terns or your use of this Website, without regard to the conflicts of laws principles thereof. You and Farmasi also agree and hereby submit to the exclusive jurisdiction of the English courts in relation to any dispute or claim arising out of these Terms and/or your use of the Website except that if you are a consumer then you may also bring proceedings in the country where you are resident if that country grants you that right and that right may not be excluded by these Terms. Any legal proceedings shall be conducted in English. Farmasi makes no representation that materials on this Website are appropriate or available for use in other locations and accessing them from territories where their contents are illegal is prohibited.
MISCELLANEOUS
If any provision of these Terms is prohibited by law or held to be unenforceable, the remaining provisions hereof shall not be affected, and these Terms shall, as much as possible under applicable law, continue in full force and effect as if such unenforceable provision had never constituted a part hereof and the unenforceable provision shall be
automatically amended so as to best accomplish the objectives of such unenforceable provision within the limits of applicable law.
Each of our subsidiaries, parents, affiliates, agents, representatives and any and all third party content providers and licensors including advertisers shall have the right to assert and enforce any and all provisions of these Terms directly and/or on its or their own behalf.
We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these Terms.
We reserve the right to revise these provisions at our discretion, so check back from time to time to be sure you are complying with the current version.