This web site is owned and operated by VMAXX Net Services Limited. Reg. no: 05046350. Email: info@vmaxxnet.com. By using this site (www.vmaxxnet.com), you (the user) acknowledge you have read, understood and accepted the following terms and conditions in totality. Before you may become a member of vmaxxnet.com, we strongly recommend that, as you read this User Agreement,
If you do not accept these terms and conditions, please we clearly advise that you do not use this site. This Membership Agreement is effective until terminated. You may terminate this Membership Agreement at any time by emailing info@vmaxxnet.com or by such other means of written notice acceptable to VMAXX Net Services Limited which enables confirmation of your identity and your intention to terminate. Upon receipt of your mail VMAXX is not compelled to any time frame to terminate the agreement until due considerations have been made.
1. KEY DEFINITIONS
Action - Each of the following are termed Actions on our site: Any click on our website to initiate any activity or request. Email between Customers, Supplier/Sellers/Buyers from a Buyer/Seller/Potential customer and vice versa and any communication to the staff of VMAXX.
Action Price - The cost of each individual Action varies depending on which Index the Action relates to as set out on the Web Site, in your on-line account as varied from time to time.
Agreement - The legally binding agreement between VMAXX Net Services Limited and the Customers/Supplier and general users that are bind by this terms and conditions.
Business Lead – we help you build sales and business patronage when you register on our website by building traffic on our site through promoting our site in major markets. We also offer Assistance/Research that is reasonably relevant to the applicable customer. Without any compulsion on VMAXX to meet any target. VMAXX does not warrant/assure you that your business will significantly change for the better but we pledge to apply all our skills and experience in the industry.
Customers (Sellers/Buyers and others using different facilities on the site) - The natural or legal entity, businesses, government or individual who wish their details to appear on the Website and use our facilities and agree to pay the required fees.
Buyer - A registered user on the Website who typically shows an intention to purchase or purchase by responding to listings or adverts made on our site by sellers or other entities.
Seller - A registered user who offers an items, products or services for sale at a given price through auction or display.
Basic Member – A member registered on the site as a basic user. VMAXX undertakes no confirmation on the information they supply. The personal information we have about them on the site only reflect what they put on the site. It is your sole responsibility to exercise caution in dealing with them.
Gold Member – A member registered on the website as a gold member. Gold members have full access to all the facilities on the site. These members have had personal information they supplied confirmed but you should only do business with them on your own discretion and at your own risk. You are not compelled what so ever to engage in any dealings with any user on the site and VMAXX will not be held liable for any interaction between two parties in which no request of direct assistance from VMAXX was made with confirmation from VMAXX in writing.
Grouping - A collection of Suppliers/Customers providing similar goods or services. For example Suppliers that sell cars, irrespective of Region will all belong to a single index i.e. automobiles.
Intellectual Property Rights - All intellectual property rights of any nature whatsoever, whether registered or unregistered including, without limitation, patents, copyrights, performer's rights, recording rights, moral rights, trademarks, designs, know-how, database or rights in confidential Information.
Law - Any law, statute, regulation, instruction, guideline or code of conduct having force of law of any governmental or other regulatory authority of competent jurisdiction (including but not limited to any term in any licences issued by any such authority and any data protection requirements) in all cases as amended, replaced and supplemented from time to time.
Service - The services provided by VMAXX under this Agreement.
Web Site - The presence of VMAXX Net Services Limited or its parent or subsidiary companies currently at www.vmaxxnet.co.uk as amended from time to time.
Medium – The platform on which VMAXX offers a service for a buyer and seller or user interaction and trading.
User – A person who browse and use our website, registered or unregistered member.
VMAXX – This refers to our company and all its subsidiaries or affiliates whose internet address is www.vmaxxnet.com.
Rating – A system of quality and service appraisal integrated into the VMAXX site, which allocated percentage to businesses and individuals based on other users ratings. Only gold members have the access to rate. VMAXX reserves the right to decline any rating that don’t seem reasonable on VMAXX discretion.
2. DATA PROTECTION
· VMAXX Net Services Limited use of personal information voluntarily supplied by you/users when you/users sign up and use this Website is governed by our privacy policy. Please you are advised to read the privacy policy.
3. ELIGIBILITY
· Membership to our website is void where prohibited. This Site is intended solely for users who are eighteen (18) years of age or older. Do not use this site or our services if you are not able to form legally binding contracts for any reason whatsoever, are under the age of 18, or are temporarily or indefinitely suspended from our sites. Any registration by, use of or access to the Site by anyone under 18, is unauthorized, unlicensed and in violation of these Terms and Conditions of Use. By using the Service or the Site, you represent and warrant that you are 18 years or older and that you agree to and abide by all of the terms and conditions of this Agreement.
4. COPYRIGHT
· You acknowledge that the copyright, database rights and all other intellectual property rights comprised in or relating to this Website and in the data or the taxonomy it contains belongs to VMAXX Net Services Limited. VMAXX Net Services Limited grants you a non – exclusive licence to access and use the content in this website for your personal purposes. You are prohibited from reproducing or distributing the contents or parts of the contents in this website for public, personal or commercial use. No part or whole of this website may be reproduced, stored in or transmitted on any other Website without written permission/approval from VMAXX Net Services Limited giving the authority if required.
5. COMMUNICATIONS
· When you visit VMAXX Net Services website, call us, or send e-mails to us, you are communicating with us and consent to receive communications from us. We will communicate with you by e-mail, by posting notices on this site or by telephone to numbers you supply us on the website. You hereby agree that all agreements, contract, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
· Promotional Offers: Sometimes we offer promotions to selected users. You may opt out at any time if you do not want to receive such offers by emailing your request to customer service at info@vmaxxnet.com.
6. PROTECTION OF VMAXX and OTHERS
· With Your Consent: When you use our site to communicate with us, socialize with other users, advertise to the world and sell products you consent to our terms and condition and to release information you have voluntarily provided (i.e. when listing items) where required without violating our privacy policy.
· We will release account and other personal information when we believe that such release is appropriate to comply with the law, of any legal or government authority in any country; to curb fraudsters, people who have outstanding legal issues, to get paid for our service, and to protect the property or safety of VMAXX Limited, our users and/or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. This does not include selling, renting or otherwise disclosing personally identifiable information from customers for commercial purposes in violation of the commitments set forth in this Privacy Promise.
7. THE SERVICE
· VMAXX provides access to an online database of businesses and individuals, business and individual advertisements, platform for auction, display and social networking by way of a chat room and an internal mailing facility. VMAXX also operates a rating system on the site.
· Access to our site may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the designing of advertisements for advert panels.
8. RULES OF CONDUCT
By registering on our site you agree that you will not use the VMAXX Site for any purpose that is unlawful or not permitted by this Agreement. By way of example, and not as a limitation, you agree that when uploading to or communicating via the site, including in respect of any forums, chat-rooms or other general exchanges or interactions through the site, you shall not do any of the following:
· defame, abuse, harass, stalk, threaten, trail users or otherwise violate the legal rights (such as rights of privacy) of VMAXX and other users on the site;
· upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, aggressive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racial, pornographic, sexual, indecent or unlawful material or information ethnically or otherwise objectionable;
· upload or otherwise transfer files that contain software or other material protected by intellectual property laws (or by rights of privacy or confidentiality) unless you own or control the rights thereto or have received all necessary consents;
· upload or otherwise transfer files that contain viruses, corrupted files or any other similar software or programs that may damage or inhibit the operation of another computer;
· use any communications or Content or other information obtained through the site in a manner that is competitive with the site or VMAXX business;
· you agree not to use any material or text relating to the website without full permission from VMAXX;
· collect email addresses or any other contact information of other registered users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
· use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
· register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group, company, business or entity;
· impersonate any person or entity, create false identity or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
· upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
· upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses and credit card numbers;
· upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
· use or attempt to use another's account, service or system or create a false identity on the Service or the Site.
9. YOUR USER ACCOUNT
When you join or use VMAXX you agree to the following;
· Provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data");
· Maintain and promptly update the Registration Data, and any other information you provide to the VMAXX on the site, to keep it accurate, current and complete.
· If you use VMAXX site, you are solely responsible for safe guarding and maintaining the confidentiality of your user account details, i.e. your user name and password. You are also fully responsible for restricting access to your computer and you understand and agree to accept full responsibility for all activities/actions that occur under your user account or password.
· VMAXX and its affiliates reserve the full right to refuse service, refuse upgrades to gold membership, terminate accounts of any user, remove or edit content, decline request or cancel accounts in their sole discretion in the best interest of customers/users and the company without any liability.
· You are responsible for managing your user account in a way that will not inconvenience others or obstruct the enjoyment or activities of other VMAXX website users. We strictly prohibit the use of threats, abusive and aggressive languages on our sites and in the event of this you are liable for legal proceedings by the party involved and you may loose your VMAXX membership without any liability on VMAXX.
· You are strictly prohibited from uploading indecent pictures of an aggressive, brutal or sexual nature, images, pictures or text that will contravene or infringe on the law of the country you are in as you might be liable for harassment, government investigation and loose your membership.
· You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libellous, defamatory or otherwise unlawful material.
· Not to use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site
10. USER CONTENT POSTED ON THE SITE
· You the user is solely responsible for the photos, profiles, messages, notes, text, information, advertisements, listings, and other content that you upload, publish or display (hereinafter, "post") on or through the Service or the Site, or transmit to or share with other users. You may not post, transmit, or share User Content on the Site or Service that you did not create or that you do not have permission to post.
· You the user agree that VMAXX may, but is not obligated to, review the Site and may delete or remove (without notice) and (without liability) any Site Content or User Content in its sole discretion, for any reason what so ever, including User Content that in the sole judgment of the VMAXX violates this Agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others.
· You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to the Company VMAXX does not provide back up services.
· By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to VMAXX an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing.
· You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire, however, you acknowledge that VMAXX may retain archived copies of your User Content without liabilities.
11. CHANGE TO VMAXX WEBSITE
· VMAXX may at any time for any reason deem reasonable by the VMAXX make alterations or changes to the site or to withdraw this Website or any part of it as deemed necessary without informing customers or users, and without any liability.
12. PRODUCT, PRICING AND DESCRIPTION
· It is our goal to be fair and as accurate as possible on pricing. But since we do not have full control over the products or services listed on our site by sellers, VMAXX Net Services Limited and its subsidiaries do not warrant the product or service prices, descriptions or other content of this site is accurate, complete, reliable, current, in good working condition or error-free. The price/value displayed for products on our website represents the perceived price/value posted by the user listing the product and is in no way connected to VMAXX.
· It is the advertiser's, sellers or listing users sole responsibility, not VMAXX Net Services Limited, to keep such information adequate, complete, error free and current and it is the buyers or customers sole responsibility to ensure they fully read and understand the descriptions. Prices are an estimate only, not an offer to sell, and may or may not represent the prevailing market price on any particular day. If have any doubt about a product or the description on VMAXX Net Services website, your sole remedy as a buyer or user is to seek further information as required from the seller or not to purchase the product.
13. USER DISPUTES
· You the user is solely responsible for your interactions with other VMAXX registered users. We do not represent or vouch for any use. We reserve the right, but have no obligation, to monitor disputes between you and other users. We however offer a support or consultation service which you can request by emailing us at info@vmaxxnet.com
14. COPYRIGHT COMPLAINTS
We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the VMAXX website or service any materials that violate another party's intellectual property rights. When we receive proper Notification of Alleged Copyright Infringement, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers as described herein. If you believe that any material on the Site infringes upon any copyright which you own or control, you may send a written notification of such infringement to info@vmaxxnet.com.
15. LINKS TO OTHER SITES
· VMAXX Net Services Limited is not responsible or liable for the content or actions of another website when customers or users click on any link what so ever on our site or any click on each advertisement panel which might redirect them to the website of the advertised company, business or individual.
· The Site contains links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the VMAXX Site or any Third Party Applications, Software or Content posted on, available through or installed from the VMAXX Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content.
· Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Facilities, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
16. TERMS AND CONDITIONS FOR ADVERTISEMENT
· Advertisers mean the persons whose goods, services, businesses or company are advertised on our site.
· Advertisements mean online display and classified advertising, reaching out to people through our site.
· A buyer to VMAXX in this case, means the person/user placing the order for the insertion of the advertisement on our panels or website as a whole.
· Any advertisements accepted by VMAXX Net Services Limited for publication on our website are accepted subject to our terms and conditions. In this regard, any other condition proposed by the customer/User/Supplier/Buyer shall be void.
· All advertisements are accepted subject to space been available in the medium which we refer to as the advertisement panels/zones. Advertisement upload is left pending approval if the required advertisement panel is full.
· Approved advertisements are displayed per click on our site based on a random sample pick by the website program. VMAXX does not determine how many times an advert is displayed and as such is not liable.
· VMAXX reserves the right to cancel any order/advertisement without any liability in the event of becoming aware of any act of fraud, deception, meetings of creditors, bankruptcy, liquidation proceedings, the appointment of a receiver or administrative receiver over the whole or substantial part of the Buyer's assets, or any indication whatsoever of financial difficulties.
· If an Advertisement includes a promotion, competition or a special offer of merchandise the Advertiser must provide full details to VMAXX on request if required.
· Advertisers are responsible for their wordings and ensuring that material submitted for inclusion on VMAXX website complies with all relevant laws and regulations. VMAXX will not take responsibility or be held liable for any, breach of law, violation of human right, discrimination of any sort, terrorist incitement, error, omission or inaccuracy in advertising material posted by the buyer on our site. In the event of this the buyer will be solely liable.
· The Buyer warrants that the Advertisement does not contravene the Code of Advertising Practice in their region and is not in breach of any relevant legislation, including the Race Relations Act, Sex Discrimination Act, Disability Discrimination Act, Employment Equality (Age) Regulations and the Obscene Publications Act and also including any legislation or regulation, such as those relating to the provision of Financial Services, which apply to specific Advertisers, products or services.
· If any Advertisement submitted for publication contains the name or pictorial representation (photographic or otherwise) of any living person and/or any part of any living person and/or copy by which any living person is or can be readily identified, the Buyer (the person or business or company buying our advertisement space) warrants that they have obtained the authority of such living person to make use of such name, representation and/or copy, and will be liable if otherwise. VMAXX will not be held liable.
· The Buyer will indemnify and hold harmless VMAXX Net Services Limited from and against any claim that the Advertisement infringes the copyright, trademark or other intellectual property rights of any person or that it is defamatory or infringes any other right of any person. VMAXX Net Services Limited reserves the right to withdraw and/or refuse to publish an Advertisement without any liability, if it reasonably believes that the Advertisement may make VMAXX Net Services or the Advertiser liable to any complaint, claim or proceedings.
· If an Advertisement links to another site, the Buyer (The party Advertising/buying our advertisement space) is responsible for maintaining the link and for the content of the linked site. VMAXX may remove any Advertisement which contains content or links to a site which, in VMAXX opinion, is defamatory or objectionable or will bring VMAXX into disrepute. The Buyer will indemnify VMAXX from and against any claims or liability arising from links contained in an Advertisement.
· If VMAXX receives complaints about the content of an Advertisement it may, at its discretion, remove the Advertisement from display without confirmation, reference or liability to the Buyer.
· The Buyer's sole remedy if VMAXX makes an error in displaying any Advertisement is the cost of re-running the relevant listing or activity. Neither VMAXX nor its subcontractors shall be liable for failure to display the Advertisement caused by circumstances outside their control.
17. TERMS AND CONDITION FOR TRADING (AUCTION/DISPLAY)
· You the user understand that you must not fail to deliver payment for items bided or purchased by you, unless the seller has materially changed the item's description after your bid or a clear typographical error is made, or the description was clearly misleading.
· You the user understand that you must not fail to deliver items purchased from you after you have received payment, unless the buyer fails to meet your posted terms, or you cannot authenticate the buyer's identity, in which case you must return any payment made to you within 2 days of receipt of such payment.
· After purchase the buyer and seller are completely responsible for arranging payments, pick ups or deliveries. VMAXX does not get involved in this unless other wise requested and approved in writing by the users involved.
· You the user understand that; under no condition or circumstance should you manipulate the price of any item or interfere with other user's listings as this might lead to you loosing your membership.
· You the user understand that you must not circumvent or manipulate our fee structure, the billing process, or fees owed to VMAXX for providing you a service
· You the user understand that you must not post false, inaccurate, misleading, defamatory, or libellous content.
· You the user understand that you must not take any action that may undermine the ratings system. You must not export rating information off the sites for use for purposes unrelated to VMAXX website.
· You the user understand that you will not hold VMAXX responsible for other users' content, actions or inactions, or items they list. You acknowledge that we are not a traditional auctioneer or trading centre. Our site is only a venue to allow anyone to offer, sell, and buy things, at anytime, from anywhere, such as fixed price formats and auction-style formats. We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users’ content or listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction.
· We do not transfer legal ownership of items from the seller to the buyer,
· Unless the buyer and the seller agree otherwise, the buyer will become the item's lawful owner upon physical receipt or collection of the item from the seller.
· You the user must not bid for any item your do not intend to buy from a seller.
· You must not offer on our site what you do not immediately have to offer for sale.
18. TERMS AND CONDITION FOR BUSINESS LEAD
A OBLIGATIONS OF VMAXX
· VMAXX will endeavour to assist to the fullest extent possible the user so that they gain qualified contact Lead through promoting our website.
· VMAXX cannot guarantee that the Lead we bring to you through our website promotion will be converted into real time business.
· VMAXX may send out questionnaires to you and/or the Enquirer with regards the Lead mechanism, rating system and service received to obtain feedback.
· As a registered business on this site you agree to have read and understand that other users will rate your service level and performance from time to time and VMAXX cannot be held liable for any negative rating given to a user.
B USER OBLIGATIONS
· By sending a mail to VMAXX, You agree to the terms and conditions as provided by VMAXX.
· You will endeavour to telephone the Enquirer/User as soon as possible to acknowledge the application and discuss the Enquirer/User requirements.
· You will be responsible for all dealings with the Enquirer once you get contacted through our site.
· You the user should at no time present yourself as an agent of VMAXX, its partner sites, any other agent or group of companies to which you do not belong.
· Each Lead that comes to you the user through our website must only be serviced by yourself or representative of your company or the company you work for. You must not sell Leads without the prior knowledge and agreement of VMAXX.
· In performing your obligations under this agreement, in connection with VMAXX, You shall act in good faith, exercise all the due skill, care and diligence that would be expected of a professional independent advisor. You shall ensure that your conduct of business in connection with VMAXX. and the scheme shall comply with all applicable rules and requirements. You shall not act in a way that could have an adverse effect on the reputation of VMAXX.
19. PRICES AND PAYMENT TERMS
· Prices/fees published by VMAXX Net Services Limited are subject to revision at any time without notice to any person or company and orders are accepted on the condition that the price/negotiations binds VMAXX only in respect of the period specified.
· VMAXX Net Services Limited reserves the right to retain any financial payment if the Buyer cancels the balance of a contract to publish/run a series of Advertisements, Product, Services, except in circumstances relating to VMAXX limitations.
· Credit accounts must be settled in accordance with the terms shown on the invoice. In default, all outstanding transactions will become liable for immediate settlement. Interest will be charged monthly on overdue accounts at the rate of 10% per annum.
· We do charge fees for using other services, such as listing items. When you list an item or use a service that has a fee you have an opportunity to review and accept the fees, which we may change from time to time. We may choose to temporarily change the fees for our services for promotional events.
19. DISCLAIMER
· VMAXX Net Services Limited does not give any warranty or other assurance as to the operation, quality or functionality of the site. Access to the site may be interrupted, restricted or delayed for any reason what so ever, we only try to do our best to keep customers satisfied. VMAXX also does not give any warranty or other assurance as to the content of the materials appearing on the site, its accuracy, completeness, timelessness or fitness for any particular purpose.
· To the full extent permissible by law, VMAXX Net Services disclaims all responsibility for any damages or losses (including, without limitation, financial loss, damages for loss in business projects, loss of profits or other consequential losses) arising in contract, tort or otherwise from the use of or inability to use the Site or any material/facility appearing on VMAXX website, or from any action or decision taken as a result of using www.vmaxxnet.com or any such material.
· VMAXX Net Services Limited website contains links to external sites. VMAXX is not responsible for and has no control over the content of such sites. Information on VMAXX site, or available via hypertext link from vmaxxnet.com, is made available without responsibility on the part of VMAXX. VMAXX disclaims all responsibility and liability (including for negligence) in relation to information on or accessible from vnaxxnet.com. We provide links to products and services / shops of companies and businesses and the sites of companies offering products on our website. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. VMAXX does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use independent of VMAXX.
20. LIMITATIONS ON VMAXX LIABILITIES
· VMAXX Net Services Limited shall not be liable for any loss or damage suffered by the buyer as a result of any total or partial failure (howsoever caused) of publication, distribution or availability of any Medium in which any Advertisement/Auction/Listing of Items and Services is scheduled to be included or for any error, misprint or omission in the printing of any Advertisement or the general website content.
· The total liability of VMAXX Net Services Limited to the Buyer for any act or omission of VMAXX relating to any Advertisement/Listing/Socializing/Upgrades shall not exceed the amount of a full refund of any price paid to VMAXX for the goods or services or the cost of a reasonably comparable further or corrective action. Without limiting the foregoing VMAXX shall not be liable for any loss of profits or business or for indirect or consequential loss.
· Further, we cannot guarantee continuous or secure access to our services, as operations of the sites may be interfered with by numerous factors outside of our control. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our sites and services. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
· VMAXX shall not be liable to You for any breach of these terms and conditions of use or any failure to provide or delay in providing our services resulting from any event or circumstances beyond our reasonable control including, without limitation, breakdown of systems or network access, fire, explosion or accident.
· Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to $50.
· Except as expressly provided in this User agreement, we disclaim any further representations, warranties, conditions or other terms, express or implied, by statute, collaterally or otherwise, including but not limited to implied warranties, conditions or other terms of satisfactory quality, fitness for a particular purpose or reasonable care and skill.
· We will not be liable for damage to, or viruses that may affect, your computer equipment, software, data or other property as a result of your access to, use of or browsing of this Website or your downloading of any materials, data, text or images.
· VMAXX is unable to ensure or guarantee the security of any information transmitted over the Internet. Any information or data which you transmit to or by using VMAXX web site is done at your own risk and VMAXX shall not be responsible or liable for any damages or injury that may result from transmitting such information.
· VMAXX is not an agent for and does not vouch for those persons, companies and other organisations whose goods or services may be displayed or referred to in Businesspatrol.com, nor for the availability, suitability or prices of such goods and services nor for the legal entitlement, competences, professional qualifications, trade certifications, or memberships of trade associations of such persons, companies or other organisations.
· IN NO EVENT SHALL VMAXX OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, LICENSORS OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THIS MEMBERSHIP AGREEMENT, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE SITE, THE CONTENT OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF VMAXX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.
21. INDEMNITY
You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content, Third-Party Applications, Software or Content you post or share on or through the Site (including through the Share Service), your use of the Service or the Site, your conduct in connection with the Service or the Site or with other users of the Service or the Site, or any violation of this Agreement or of any law or the rights of any third party.
22. Cancellation and Suspension
· Requests for cancellation or reduction of an order may be considered but only if received in writing by the publisher within 5 (five) days from the signing of the order. No cancellation or reduction will be effective until confirmed in writing by an authorised signatory of the Publisher/Buyer/customer, or a mail sent to VMAXX from their user account which was used to initiate the order.
· VMAXX reserves the right to refuse upgrade, cancel, delete or suspend any user at any time for good reason without any notice or liability on the part of VMAXX. If such cancellation or suspension is due to the act or default of the customer or fraudulent malpractice VMAXX reserves the right to hand over their details to the appropriate legal authorities for further action. In the event where there is an outstanding payment to VMAXX the customer will be made to pay the full outstanding amount.
23. Fixed Price Contract
· The company reserves the right during the contractual period with any user to amend or substitute specific activities/styles on the site or within the product range including directory, website design, CD and internet versions.
24. General
· The terms and conditions of this Agreement represent the entire agreement between the parties in relation to the subject matter of this Agreement.
· A delay by either party in exercising any of its rights and remedies shall not constitute a waiver of those rights and remedies unless expressly agreed in writing.
· The invalidity of any term or condition of this Agreement shall not affect the validity of the remainder of this Agreement.
· Nothing in this Agreement shall create a partnership or joint venture between the parties.
· VMAXX Net Services Limited may assign or transfer this Agreement to any company or entity. Supplier may assign or transfer this Agreement subject to obtaining VMAXX Ltd's prior written approval.
· This Agreement shall be governed by and construed in accordance with Nigeria law and the parties submit to the exclusive jurisdiction of the Nigerian courts.
IF YOU REGISTER ON THIS SITE YOU ACKNOWLEDGE THAT YOU HAVE READ THIS MEMBERSHIP AGREEMENT, UNDERSTOOD IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND VMAXX NET SERVICES LIMITED, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND VMAXX NET SERVICES LIMITED RELATING TO THE SUBJECT OF THIS MEMBERSHIP AGREEMENT.