Last Updated January 14, 2020
1. Contract to Terms
1.1 These Terms and Conditions make up a lawfully binding contract made between you, whether personally or on behalf of an entity (you), and Nirvana Freak, situated at Delaware, United States (we, us), concerning your access to and use of the Nirvana Freak (nirvanafreak.net) site as well as any associated applications (the Site).
You agree that by accessing the Site and/or Services, you have actually checked out, comprehended, and agree to be bound by all of these Terms and Conditions.
If you do not agree with all of these Terms and Conditions, then you are forbidden from utilizing the Site and Services and you need to cease usage right away. We suggest that you print a copy of these Terms and Conditions for future recommendation.
1.2 The supplemental policies set out in Section 1.7 below, in addition to any extra terms or documents that might be published on the Site from time to time, are specifically integrated by reference.
1.3 We might make changes to these Terms and Conditions at any time. The updated variation of these Terms and Conditions will be shown by an upgraded "Revised" date and the updated version will be effective as soon as it is accessible. You are responsible for examining these Terms and Conditions to stay notified of updates. Your continued use of the Site represents that you have accepted such changes.
1.4 We may upgrade or alter the Site from time to time to show modifications to our products, our users' needs and/or our service priorities.
1.5 Our site is directed to people residing in United Kingdom. The info provided on the Site is not meant for circulation to or use by any person or entity in any jurisdiction or nation where such circulation or use would contrast law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
1.6 The Site is planned for users who are at least 18 years old. If you are under the age of 18, you are not permitted to sign up for the Site or utilize the Services without adult approval.
1.7 Additional policies which likewise apply to your use of the Site consist of: ● Certain parts of this Site can be used just on payment of a fee.
2. Appropriate Use
2.1 You may not access or utilize the Site for any purpose other than that for which we make the site and our services available. The Site might not be used in connection with any industrial ventures other than those that are specifically endorsed or authorized by us.
2.2 As a user of this Site, you concur not to:
3. Our material
3.1 Unless otherwise suggested, the Site and Services consisting of source code, databases, functionality, software, website styles, audio, video, text, pictures, and graphics on the Site (Our Content) are owned or accredited to us, and are secured by copyright and trade mark laws.
3.2 Except as expressly supplied in these Terms and Conditions, no part of the Site, Services or Our Content might be copied, recreated, aggregated, republished, published, posted, publicly shown, encoded, translated, sent, dispersed, sold, accredited, or otherwise made use of for any business function whatsoever, without our reveal prior written approval.
3.3 Provided that you are qualified to use the Site, you are approved a minimal licence to access and use the Site and Our Content and to download or print a copy of any portion of the Content to which you have actually properly gained access exclusively for your personal, non-commercial use.
3.4 You will not (a) try to get unauthorised access to the Site or any networks, servers or computer system systems linked to the Site; and/or (b) make for any purpose consisting of error correction, any modifications, adaptions, additions or enhancements to the Site or Our Content, consisting of the modification of the paper or digital copies you might have downloaded.
3.5 We shall (a) prepare the Site and Our Content with sensible ability and care; and (b) use market basic infection detection software application to try to block the uploading of content to the Site that contains infections.
3.6 The content on the Site is offered basic information only. It is not planned to amount to guidance on which you need to rely. You must obtain expert or specialist guidance before taking, or avoiding taking, any action on the basis of the material on the Site.
3.7 Although we clear up efforts to update the details on our site, we make no representations, service warranties or guarantees, whether express or implied, that Our Content on the Site is precise, complete or as much as date.
4. Link to third party content
4.1 The Site might contain links to sites or applications run by 3rd parties.We do not have any impact or control over any such 3rd party websites or applications or the 3rd party operator. We are not responsible for and do not endorse any 3rd party websites or applications or their availability or content.
4.2 We accept no duty for adverts included within the Site. If you agree to acquire products and/or services from any third party who markets in the Site, you do so at your own risk. The marketer, and not us, is responsible for such goods and/or services and if you have any concerns or complaints in relation to them, you should get in touch with the advertiser.
5. Website Management
5.1 We book the right at our sole discretion, to (1) keep an eye on the Site for breaches of these Terms and Conditions; (2) take suitable legal action versus anybody in breach of applicable laws or these Terms and Conditions; (3) get rid of from the Site or otherwise disable all files and content that are excessive in size or are in any way a concern to our systems; and (4) otherwise manage the Site in a way designed to secure our rights and home and to help with the correct functioning of the Site and Services.
5.2 We do not ensure that the Site will be safe and secure or devoid of bugs or infections.
5.3 You are accountable for configuring your infotech, computer programs and platform to access the Site and you should utilize your own infection protection software application.
6. Adjustments to and availability of the Site
6.1 We book the right to change, modify, or eliminate the contents of the Site at any time or for any reason at our sole discretion without notification. We likewise book the right to customize or discontinue all or part of the Services without notification at any time.
6.2 We can not ensure the Site and Services will be readily available at all times. We might experience hardware, software, or other problems or require to carry out maintenance related to the Site, leading to interruptions, delays, or errors. You concur that we have no liability whatsoever for any loss, damage, or trouble caused by your inability to gain access to or utilize the Site or Services during any downtime or discontinuance of the Site or Services.We are not required to maintain and support the Site or Services or to supply any corrections, updates, or releases.
6.3 There might be details on the Site that contains typographical errors, mistakes, or omissions that may connect to the Services, consisting of descriptions, rates, accessibility, and various other information. We schedule the right to correct any errors, errors, or omissions and to change or update the details at any time, without previous notification.
7. Disclaimer/Limitation of Liability
7.1 The Site and Services are offered on an as-is and as-available basis. You agree that your use of the Site and/or Services will be at your sole threat except as specifically set out in these Terms and Conditions. All warranties, terms, conditions and endeavors, reveal or indicated (including by statute, customized or use, a course of dealing, or common law) in connection with the Site and Services and your use thereof consisting of, without limitation, the indicated service warranties of satisfactory quality, physical fitness for a specific purpose and non-infringement are excluded to the max degree allowed by appropriate law.
We make no service warranties or representations about the accuracy or completeness of the Site's content and are not liable for any (1) errors or omissions in content: (2) any unapproved access to or use of our servers and/or any and all personal details and/or financial info saved on our server; (3) any disturbance or cessation of transmission to or from the website or services; and/or (4) any bugs, viruses, trojan horses, or the like which may be transferred to or through the site by any 3rd party. We will not be responsible for any delay or failure to comply with our commitments under these Terms and Conditions if such hold-up or failure is caused by an event beyond our reasonable control.
7.2 Our duty for loss or damage suffered by you:
Whether you are a consumer or an organisation user:
● We do not exclude or restrict in any way our liability to you where it would be illegal to do so. This includes liability for death or personal injury caused by our negligence or the carelessness of our staff members, representatives or subcontractors and for fraud or deceptive misrepresentation.
● If we stop working to abide by these Terms and Conditions, we will be accountable for loss or damage you suffer that is a foreseeable outcome of our breach of these Terms and Conditions, but we would not be responsible for any loss or damage that were not foreseeable at the time you began using the Site/Services.
Notwithstanding anything on the contrary consisted of in the Disclaimer/Limitation of Liability section, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to a total aggregate amount equal to the greater of (a) the amount of ₤ 5000 or (b) the amount paid, if any, by you to us for the Services/Site throughout the six (6) month period prior to any reason for action developing.
If you are a customer user:
● Please note that we only provide our Site for domestic and private usage. You concur not to utilize our Site for any business or service purposes, and we have no liability to you for any loss of revenue, loss of organisation, company disruption, or loss of company chance.
● If faulty digital content that we have supplied, damages a device or digital material coming from you and this is brought on by our failure to utilize affordable care and skill, we will either repair the damage or pay you compensation.
● You have legal rights in relation to products that are defective or not as described. Guidance about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards workplace. Nothing in these Terms and Conditions will impact these legal rights.
8. Term and Termination
8.1 These Terms and Conditions shall remain completely force and impact while you use the Site or Services or are otherwise a user of the Site, as applicable. You may terminate your usage or involvement at any time, for any factor, by following the guidelines for ending user accounts in your account settings, if available, or by contacting us at our email address.
8.2 Without restricting any other arrangement of these Terms and Conditions, we reserve the right to, in our sole discretion and without notification or liability, reject access to and use of the Site and the Services (consisting of blocking certain IP addresses), to anybody for any reason including without limitation for breach of any representation, warranty or covenant included in these Terms and Conditions or of any relevant law or guideline.
If we figure out, in our sole discretion, that your use of the Site/Services remains in breach of these Terms and Conditions or of any relevant law or policy, we might terminate your use or participation in the Site and the Services or delete any content or information that you published at any time, without warning, in our sole discretion.
8.3 If we terminate or suspend your account for any factor set out in this Section 9, you are restricted from signing up and producing a brand-new account under your name, a phony or borrowed name, or the name of any third party, even if you may be acting on behalf of the 3rd party. In addition to terminating or suspending your account, we book the right to take appropriate legal action, including without restriction pursuing civil, criminal, and injunctive redress.
9.1 Visiting the Site, sending us emails, and completing online types make up electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other interactions we provide to you electronically, by means of e-mail and on the Site, please any legal requirement that such communication be in composing.
You hereby consent to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of deals initiated or completed by us or by means of the Site. You hereby waive any rights or requirements under any statutes, regulations, guidelines, ordinances or other laws in any jurisdiction which require an initial signature or delivery or retention of non-electronic records, or to payments or the giving of credits by aside from electronic means.
9.2 These Terms and Conditions and any policies or operating guidelines posted by us on the Site or in respect to the Services make up the entire agreement and understanding in between you and us.
9.3 Our failure to exercise or implement any best or arrangement of these Terms and Conditions will not run as a waiver of such right or provision.
9.4 We might designate any or all of our rights and commitments to others at any time.
9.5 We shall not be responsible or responsible for any loss, damage, delay or failure to act caused by any cause beyond our affordable control.
9.6 If any arrangement or part of a provision of these Terms and Conditions is illegal, void or unenforceable, that arrangement or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.
9.7 There is no joint venture, collaboration, work or company relationship developed in between you and us as a result of these Terms and Conditions or use of the Site or Services.
9.8 For consumers just - Please note that these Terms and Conditions, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have special jurisdiction anticipate that if you are a local of Northern Ireland you might likewise bring proceedings in Northern Ireland, and if you are resident of Scotland, you might also bring procedures in Scotland. If you have any complaint or wish to raise a conflict under these Terms and Conditions or otherwise in relation to the Site please follow this link http://ec.europa.eu/odr
9.9 A person who is not a party to these Terms and Conditions will have no right under the Contracts (Rights of Third Parties) Act 1999 to impose any term of these Terms and Conditions.
9.10 In order to resolve a problem concerning the Services or to get more information relating to use of the Services, please call us by e-mail at our email address.