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Please read through carefully, the Data Protection Policy on this Site and the following terms and conditions every time you use this Site. The terms and conditions are subject to change as provided in clause 9 below.
They apply to NachNach.com ( the “Site”) which is owned and operated by NachNach.com (“NachNach” or “us” or “we”).
No charge is made for your use of the Site or the Site services (except where the Site or these terms and conditions indicate otherwise). However telephone charges may well be applied by your telecom operator in order for you to access and use the Site
Definitions
In these terms and conditions, “Content” means any item, data, material, information, software, images, photos, trade mark or service mark, sounds, music, videos, marks, expressions, or opinions, which appears on the Site.
1. Use of NachNach.com site (Site)
You undertake to comply with all applicable laws, regulations and all requirements of all legal or regulatory authorities, in relation to your use of the Site.
You agree that the intellectual property rights in all Content accessible on the Site ( other than Content you provide ) is owned by [NachNach][Jasvinder Virdi] or its suppliers and you undertake not to copy it, modify any of it, or download any of it.
2. Your Undertakings
In accessing the Site, you undertake:
that you are over 18 years of age, resident in the United Kingdom and that any information whether personal information or not that is provided is true, accurate and correct;
not to access the Site and or provide Content, from any place which is outside the United Kingdom;
not to provide information to us whether personal information or otherwise that is false or belongs to others or which is confidential to others or which infringes the intellectual property rights of others;
not to provide to us or publish on the Site ( where the Site so allows ) any viruses or spyware or any harmful software or data, or seek to damage, modify, obstruct access to, or interfere with the Site or the functionality of the Site in any way;
not to introduce on the Site or provide to the Site any Content, which is not owned by you;
not to use the Site in any way for business purposes, or for initiating or entering into a legal transaction, or for the promotion of any goods or services;
not to use the Site to commit a criminal offence or to incite others to commit a criminal offence, or provide or publish on the Site instructions for committing a criminal offence;
not to publish on the Site or post on the Site any Content which is defamatory, obscene, indecent, pornographic, might incite racial hatred or that is otherwise unlawful or objectionable;
by means of the Site, not to harass, abuse or disrupt the lives of any person;
to respect the cultural sensitivities of others;
not to link the Site with other sites or set up links to the Site from another site or sites.
3. Content submission and Deleting Content
[To the extent that the Site offers the possibility to publish Content, you agree that we shall have the sole right to determine whether the Content you submit will be published, where on the Site it will be published and whether the Content should be modified before it is published]. You agree that we may reject Content, without giving any reason for doing so. You are fully responsible for your own Content. We do not monitor, endorse your Content and explicitly disclaims responsibility for your Content.
We reserve the right to block access to Content or delete it, where we are required to do so, by act or requirement of a court, regulatory or governmental authority.
If we become aware that any Content on the Site is in breach of these terms and conditions, you agree that we shall be entitled to immediately block access to that Content and without notice to you, at our discretion modify or delete that Content and/or to make available such Content to any court, regulatory body, governmental body or agency or law enforcement organisation.
4. Rights to use content
You authorise us to use your Content for the purposes expressed in the Privacy Policy ( where it consists of your personal data ) and otherwise for the purposes of publishing it on the Site, displaying it on the Site and advertising the Content on the Site and or for the purposes of providing services to users of the Site.
By submitting Content for publication, you grant [NachNach] an unlimited, world-wide, non exclusive licence free of charge, including the right to grant sublicences, to copy, modify, transmit, disseminate and make publicly available, integrate in compilations and distribute the Content and extracts from the Content you provide.
Cancellation Rights and distance selling
If you subscribe to a service on the Site which is a subscription service, you will have no right to cancel the subscription under the Consumer Protection ( Distance Selling) Regulations 2000 as amended if you start to use the service within seven working days of having subscribed for it.
In any event if you terminate a subscription service in accordance with the termination provisions in clause 12 below, no refund of any subscription charges will be given.
Payment
Where any service offered via the Site requires payment:
you must pay for the service in accordance with the payment provisions provided in respect of the service;
you are responsible for ensuring any device you use to access the service is compatible with the service and is secure;
you warrant that you are the owner of the credit card, details in respect of which you supply in order to effect payment and that any payment details are accurate and up to date.
you are additionally responsible for network operator or service provider charges for gaining access to the service.
7. Limitations and Exclusions from liability
Any service provided by [NachNach] is provided as is without warranty or guarantee. We do not guarantee uninterrupted access to the Site nor do we guarantee that the Site will be accessible at all times. We have no control over any communications network which you may use to access the Site.
The Site may include third party Content, whether submitted by other users or advertisers. You agree that we do not have control over such third party content and do not examine it, monitor it, or the use to which it is put.
To the extent that any term, condition, representation or warranty may be implied or incorporated as part of these terms and conditions by applicable law, we exclude all such terms, conditions, representation and warranties ( including without limitation terms as to satisfactory quality or fitness for purpose or suitability ) to the maximum extent permitted by applicable law.
We do not exclude or limit our liability for death or personal injury claims caused by our negligence.
You agree that we shall have no liability to you for loss of profits, loss of data, loss of revenue, or loss of opportunity or for any consequential, or indirect loss or damage, even if we have been informed of the possibility of such loss or damage occurring.
You agree that we shall only be liable for any direct loss, whether arising in negligence or arising as a result of any breach or series of breaches by us of our obligations ( including breach of statutory duty), whether or not connected, up to an amount not exceeding forty pounds sterling.
Indemnity
You agree to indemnify us [ and Jasvinder Virdi ] and keep indemnified us [and Jasvinder Virdi ] from and against all and any claims, proceedings, expenses, losses, liabilities, costs, damages or expenses incurred or suffered by either, which are brought or threatened, in each case arising from your use of, or conduct on, the Site and or arising from a breach of these terms and conditions by you.
9. Changes to terms and conditions and Termination
You agree that we can change these terms and conditions at any time. When we do so, they will be incorporated on the Site in place of or as an amendment to these terms and conditions.
You agree that if you use the Site, you are deemed to have read and agreed to the terms and conditions as published at the time you use the Site.
[You agree that we can terminate or suspend any service provided through the Site to users or to a particular user or shut down the Site at any time and without notice and for any reason ( including without limitation ) (a) if we are required to do so, by act or requirement of a court, or competent regulatory or governmental authority, (b) if due to any circumstance or circumstance beyond our reasonable control, such as technical difficulties, damage caused by viruses, or harmful code, or unavailability of communications facilities or (c) in the case of a particular user, we believe the user is in breach of any of these terms and conditions.]
[You agree additionally that we can terminate a subscription service without liability to refund, if it is not used for a period of 90 days as evidenced from our records.]
10. Data Protection
We will use any personal data provided or obtained during your use of the Site in accordance with current data protection legislation and the provisions of our Data Protection Policy on this Site.
11. Security
In accessing a service on the Site, you may be required to provide a password and other personal information ( “access information”), to secure access to the service.
It is your responsibility to memorise the password and not to allow it to become known to any third party. You undertake to keep the access information confidential and protect it from unauthorised use by third parties. Without limitation this includes ensuring you close your browser when you have finished your access.
You will be responsible for all Content submitted using your access information and you are also responsible for keeping the access information up to date and informing us of any changes to it.
You undertake to notify us immediately by email to admin@nachnach.com, if you know or suspect that any part of the access information might be know to a third party. We may require you change your access information in such an event.
The internet is not secure, so if you disclose personal information over the internet it can be intercepted by third parties. You acknowledge that if you, with our agreement publish Content on the Site, you may receive unsolicited messages from other parties in return. We have no control over that.
The Site may contain links to other sites. We are not responsible for those other sites or the privacy policies of those sites.
12. Subscription services to online Content
Where the site offers a subscription service to online Content, that service will be provided by [ NachNach.com][Jasvinder Virdi], the service is access to the photo gallery, the price before vat is £1.24 and this gives the subscriber and no others, the right to access the service between 9 am and 5 pm on each day that is a working day in England for a period of 30 days from the date of first purchase. You can pay by credit card by loggin into your account and paying using the secure service provided by paypal.co.uk. Once you subscribe for and use the service you have no right to cancel under the consumer protection (distance selling) regulations 2000 as amended, if you start to use the service within seven working days of subscription. However you can cancel the service at any time, by sending an email to admin@nachnach.com. In which case however no refund will be made. You agree that we can withdraw the service or amend it at any time. If the service is not available, we do not undertake to provide a substitute. If you have any queries or complaints in relation to the service, please email us at admin@nachnach.com
13. Choice of Law and Jurisdiction
Subject to the terms of the next paragraph, you agree that these terms and conditions shall be governed by and construed in accordance with the laws of England, and you hereby submit to the exclusive jurisdiction of the courts of England and waive any objection to proceedings in such court on the grounds of venue or on the grounds that the proceedings have been brought in an inconvenient forum.
You agree that notwithstanding the terms of the previous paragraph, that we may take proceedings against you in any court or courts including in the courts of your country of residence or your place of business.
14. General
You may not assign any obligation incurred or transfer any right granted under these terms and conditions to anyone. Any attempt to do so, shall constitute a breach of these terms and conditions.
If any provision of these Terms and Conditions shall be held by a court of competent jurisdiction to be invalid, void or unenforceable, such part shall be treated as being severable from the remainder of these terms and conditions, provided that you agree that the severable part is nevertheless put into or given effect in accordance with or to the maximum extent possible in accordance with the original intention of the provision.
No waiver by us or a failure or failures by us to perform any right or remedy, shall operate or be construed as a waiver of such right or remedy, unless effected in writing by notice to you.
15. Contact
If you have any queries concerning any part of these Terms and Conditions please contact us:
· by email, using the address given on the Site being admin@nachnach.com
· by telephone, using the telephone number given on the Site being +44 (0) 7779 237 124
You agree that we can contact you at any address or number provided by you to us
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