Low Fruit Solutions – General Terms and Conditions
INTELLECTUAL PROPERTY PROTECTION
The contents and design of the Site and any material e-mailed to you or otherwise supplied to you in conjunction with the Site (such contents, design and materials being collectively referred to as the “Low Fruit Solutions Content”), are copyright of Low Fruit Solutions and its licensors. You may not use or reproduce or allow anyone to use or reproduce any trade marks (such as the “Low Fruit Solutions” name and logo or other trade names appearing on the Site) for any reason without written permission from Low Fruit Solutions. The software that operates the Site is proprietary software and you may not use it except as expressly allowed under these Terms. You may not copy, reverse engineer, modify or otherwise deal with the software.
USE OF Low Fruit Solutions CONTENT
You may retrieve and display the Low Fruit Solutions Content on a computer screen or (if expressly authorised) mobile telephone, print individual pages on paper (but not photocopy them) and store such pages in electronic form on your mobile telephone for your personal, non-commercial use. Except as expressly set out above, you may not reproduce, modify or in any way commercially exploit any of the Low Fruit Solutions Content. In particular, but without limiting the general application of the restrictions contained in the preceding sentence, you may not do any of the following without prior written permission from Low Fruit Solutions: a. Reproduce or store in or transmit to any other web site, newsgroup, mailing list, electronic bulletin board, server or other storage device connected to a network or regularly or systematically store in electronic or print form, all or any part of the Low Fruit Solutions Content, or b. Modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit all or any part of the Low Fruit Solutions Content (including use as part of any library, archive or similar service) without the prior written consent of Low Fruit Solutions, c. Remove the copyright or trademark notice from any copies of the Low Fruit Solutions Content made under these Terms. d. Any use of the Low Fruit Solutions Content not specifically permitted above is expressly prohibited. Requests for permission for other uses may be sent to the Webmaster, and may be subject to a fee.
LICENCE FEE, PAYMENT, AND TRANSACTIONS
Access to certain Low Fruit Solutions Content may be subject to a fee. All payments (including applicable taxes) must be made in advance in US Dollars or other currency specified by Low Fruit Solutions. You are responsible for the payment of all charges associated with the use of the Site using your ID. If Low Fruit Solutions terminates your use of the Site, you will be entitled to receive a refund of any credits or pre-payments, which remain unused at the time of termination unless such use is terminated because you are in breach of these Terms. You will continue to be responsible for any fees or other charges incurred by you prior to such termination. You may use the Site to purchase products or services from Low Fruit Solutions’s third party partners. In that event, your contract for such products will be with the third party partner and not with Low Fruit Solutions.
TERM AND TERMINATION
Low Fruit Solutions may, in its discretion, terminate or suspend your access to all or part of the Site (including any right to access and use Low Fruit Solutions Content) with or without cause by delivering notice to you. The rights of termination are in addition to all other rights or remedies of Low Fruit Solutions provided in these Terms or by law.
CHANGES TO THE SITE
Low Fruit Solutions reserves the right, in its discretion, to suspend, change, modify, add or remove portions of the Low Fruit Solutions Content available on the Site at any time and to restrict the use and accessibility of the Site.
REGISTRATION, PASSWORDS AND RESPONSIBILITIES
Certain areas of the Site are only open to you if you register. You are solely responsible for the confidentiality and use of and access to the Low Fruit Solutions Content and the Site using your user name, sign-on password, and/or I.D. You agree to immediately notify Low Fruit Solutions if you become aware of any loss or theft of any sign-on password or I.D. or any unauthorized use of a sign-on password, I.D., user name, or of the Low Fruit Solutions Content or the Site. You will provide Low Fruit Solutions with accurate, complete registration information (including in particular your e-mail address) and inform Low Fruit Solutions of any changes to such information. For the purpose of confirming your compliance with the terms of these Terms, Low Fruit Solutions reserves the right to monitor and record activity on the Site, including access to the Low Fruit Solutions Content.
The Site may include bulletin boards, discussion groups and other public areas that allow feedback to Low Fruit Solutions and interaction between users and Low Fruit Solutions representatives (“Forums”). While Low Fruit Solutions does not control the information/materials posted to Forums by users (the “Messages”), it reserves the right (which it may exercise at its sole discretion without notice) to delete, move or edit the Messages and to terminate your access to and use of the Forums. You are solely responsible for the content of your Messages. You must comply with any rules posted by Low Fruit Solutions on a Forum. You may not: a. post, link to or otherwise publish any Messages containing any form of advertising or promotion for goods and services or any chain Messages or “spam”; b. post, link to or otherwise publish any Messages that are unlawful, threatening, abusive, libelous, indecent, infringe copyright or other rights of third parties or which contain any other form of illegal content; c. post or otherwise publish any Messages that contain a virus or other harmful component; d. disguise the origin of any Messages; e. impersonate any person or entity (including Low Fruit Solutions employees or Forum guests or hosts) or misrepresent any affiliation with any person or entity; f. post or otherwise publish any Messages unrelated to the Forum or the Forum’s topics; g. post or transmit any Messages that contain software viruses, files or code designed to interrupt, destroy or limit the functionality of the Site or any computer software or equipment; h. collect or store other users’ personal data; i. restrict or inhibit any other user from using the Forums. By submitting Messages to any Forum you agree to indemnify and hold harmless Low Fruit Solutions from all claims, costs and expenses (including legal expenses) arising out of any Messages posted or published by you that are in breach of this section 8. The Forums contain Messages submitted by users over whom Low Fruit Solutions has no control. Low Fruit Solutions cannot guarantee the accuracy, integrity or quality of any Messages. Some users may breach these terms and post Messages that are misleading, untrue or offensive. You must bear all risk associated with your use of the Forum and should not rely on Messages in making (or refraining from making) any specific investment or other decisions. By submitting Message to a Forum you are granting Low Fruit Solutions perpetual royalty free non-exclusive licence to reproduce, modify, translate, make available, distribute and sub-license the Message in whole or in part and in any form. This may include personal information such as your user name and alias and your expressions of opinion. Low Fruit Solutions reserves the right to contact you by e-mail with regard to your use of the Forums. You waive any moral rights that you may have in regard to the Messages you submit. It is not possible for Low Fruit Solutions to fully and effectively monitor Messages that are submitted for infringement of third party rights. If you believe that a message infringes your legal rights, you should notify Low Fruit Solutions immediately.
NO WARRANTY, DISCLAIMER OF LIABILITY AND INDEMNITY
Whilst every effort has been made to ensure the high quality and accuracy of the Site, Low Fruit Solutions makes no warranty, express or implied concerning the Low Fruit Solutions Content, the Site, software or products or services available through the Site (the “Site Services”), which are provided “as is”. Low Fruit Solutions expressly disclaims all warranties, including but not limited to warranties of fitness for a particular purpose and warranties of merchantability. In no event will Low Fruit Solutions, its affiliates or other suppliers be liable for direct, special, incidental, or consequential damages (including but not limited to, without limitation, losses incurred due to information pertaining to surf spots, zones or countries whether that information be incorrect, misunderstood or misused, injury or loss of life whilst participating in surfing or any related activity, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss) arising directly or indirectly from the use of (or failure to use) or reliance on the Site Services, even if Low Fruit Solutions has been advised of the possibility that such damages may arise. Low Fruit Solutions does not guarantee the accuracy, content, or timeliness of the Site Services or that they or related systems are year 2000 compliant or free from viruses or other contaminating or destructive properties. In no event will any liability of Low Fruit Solutions, its affiliates, agents and licensors to you (and/or any third party) arising out of any kind of legal claim (whether in contract, tort, or otherwise) in any way connected with the Site Services or breach of these Terms by Low Fruit Solutions exceed the amount, if any, paid by you to Low Fruit Solutions in respect of the particular Site Service to which the claim relates. Upon Low Fruit Solutions’s request, you agree to defend, indemnify and hold harmless Low Fruit Solutions from any claims and expenses, including reasonable legal fees, related to any breach of these Terms by you or your use of any Site Services.
Low Fruit Solutions, its affiliates and its information providers will not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of the Low Fruit Solutions Content resulting directly or indirectly from any cause or circumstance beyond its or their reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorised access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labour problems, wars, or governmental restrictions.
RESERVATION OF TITLE FOR GOODS SOLD
Until payment is received of all monies owed to Low Fruit Solutions from the Customer legal and beneficial ownership of any and all Goods supplied to the Customer from Low Fruit Solutions remains with the Low Fruit Solutions. Low Fruit Solutions has full power to regain possession and resell any and all of the Goods supplied irrespective of part payment thereof.
Changes to these Terms. Low Fruit Solutions may, in its discretion, change these Terms (including those relating to your use of Site and/or the Low Fruit Solutions Content). When Terms are changed, Low Fruit Solutions will notify you by email or by publishing details of those changes by including them in these Terms. If you use the Site after Low Fruit Solutions has published or notified you of the changes, you are agreeing now to be bound by those changes. If you do not agree to be bound by those changes, you should not use the Site any further after they are published. Access to certain Low Fruit Solutions Content may be subject to additional terms and conditions. Advertising, Third Party Content and other Web Sites. Parts of the Site may contain advertising or other third party content. Advertisers and other content providers are responsible for ensuring that material submitted for inclusion on the Site complies with international and national law. Low Fruit Solutions is not responsible for any third party content or error, omission or inaccuracy in any advertising material. The Site may contain links to other web sites. Low Fruit Solutions is not responsible for the availability of these web sites or their contents. Assignment of Agreement. This agreement is personal to you and your rights and obligations under these Terms may not be assigned, sub-licensed or otherwise transferred. This agreement may be assigned to a third party by Low Fruit Solutions. Non-Waiver. No delay or omission on the part of either party in requiring performance by the other party of its obligations will operate as a waiver of any right. Severability/Survival/Statute of Limitations. If any provision of these Terms is invalid or unenforceable, such will not render all the Terms unenforceable or invalid but rather the Terms will be read and construed as if the invalid or unenforceable provision(s) are not contained therein. Any cause of action of yours with respect to these Terms must be filed in a court of competent jurisdiction within one year after the cause of action has arisen, or such cause will be barred, invalid, and void. Whole Agreement. Save as expressly referred to herein, any representation, warranty, term or condition not expressly set out in these Terms shall not apply. Headings. Headings in these Terms are for convenience only and have no legal meaning or effect.
GOVERNING LAW AND JURISDICTION
For the exclusive benefit of Low Fruit Solutions, Low Fruit Solutions shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these Terms are entered into in the course of your trade or profession, the country of your principal place of business.