TERMS & CONDITIONS
1. INTRODUCTION AND ACCEPTANCE
1.2. This Website provides users with access to online content and allied services (the "Service") and acts as payment processor for sale of e-books and online content.
(a) “Content” means digital content including, but not limited to, e-books, news and non- news articles, photographs, images, illustrations, audio clips and video clips.
(b) "Affiliate" means the entity that has contracted with the Seller for the promotion of goods.
(c) "Consumer" means a natural person who buys goods/ services in the course of his trade or profession.
(d) "Goods" means any consumer product sold via the website www.affibank.eu.
(e) "Provider" means and refers to Mercier, s.r.o, a company located at Karpatské nám. 10, 831 06 Bratislava, Slovakia, company ID 35730072, registered at court OR OS Bratislava I, in section sro, file 15760/B
(f) “Seller” means and refer to the online platform provided by the website.
(g) “Author” means the entity which is content owner or holds the copyright of content.
(f) “Tier2 Affiliate” means and refer to Affiliate type entity, which supports sales for other Affiliate or has contracted with the Seller on referral by other Affiliate, and those two affiliates will share the commission of sale.
1.4. Ownership: This Site is owned and operated by Mercier, s.r.o. All rights, title and interest in and to the materials provided on this Site, including but not limited to information, documents, logos, graphics, sounds and images (the "Materials") are owned either by Mercier, s.r.o. or by our respective third party authors, developers or vendors ("Third Party"). Except as otherwise expressly provided by ‘AffiBank’, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site shall be construed to confer any license under any of ‘AffiBank's’ or the concerned ‘Third Party’s’ intellectual property rights, whether by estoppel, implication or otherwise. Any rights not expressly granted herein are reserved by ‘AffiBank’.
1.6. Applicable mandatory regulations of the Slovak Republic, in particular the relevant provisions of the Act 40/1964 Coll. Civil Code, as amended, Act no.108/2000 on protection of consumers in respect of distance selling, as amended, and Act. 428/2002 on Protection of Personal Data, as amended shall be applicable.
2. YOUR RELATIONSHIP WITH US
2.1. How you use this site (Limited License to Use): ‘AffiBank’ grants you a limited, personal, non-exclusive, non-transferable revocable license to use our documents for your own personal, internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Forms in any manner, except for modifications in filling out the Forms for your authorized use. ’AffiBank’ may terminate this license at any time for any reason.
2.2. This right to use the Information is a license only, not a transfer of title, and is Subject to the following restrictions:
(a) The Information may not be used for any commercial purpose or public display, performance, sale or rental;
(b) No copyright or other proprietary notices may be removed;
(c) The Information may not be transferred to another person;
(d) Software may not be interfered with in any manner;
(e) Every person downloading, reproducing or otherwise using the Information must prevent any unauthorized copying of the Information;
(f) You will only use the Information for lawful purposes and in accordance with these Conditions.
2.3. Limitations on Use: The Content on this Web site is for personal use catering to ordering of a variety of products and not for commercial exploitation. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sub-license, or create derivative works from the Web site or the Content. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users. You may not use any robot, spider, other automatic device, or manual process to monitor or copy our Web site or the Content without AffiBank’s prior written permission. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of the Web site, except to the extent permitted above. You may not use or otherwise export or re-export the Web site or any portion thereof, the Content or any software available on or through the Web site in violation of the export control laws and regulations of European Union. Any unauthorized use of the Web site or its Content is prohibited.
2.4. Age restriction: A person below the age of 18 years is not authorized to use this site.
2.5. No Unlawful or Prohibited Use: As a condition of your use of the ‘AffiBank’ website, you warrant to ‘AffiBank’ that you will not use the ‘AffiBank’ website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the website in any manner which could damage, disable, overburden, or impair the ‘AffiBank’ website or interfere with any other party's use and enjoyment of the website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the website.
2.6. Registration: Certain sections of this Web site require you to register. If registration is requested, you agree to provide ‘AffiBank’ with accurate, complete registration information. It is your responsibility to inform ‘AffiBank’ of any changes to that information. Each registration is for a single person only, unless specifically designated otherwise on the registration page. Please note that the website, in order to facilitate its users, provides sign-in facility through in-site registration as well as through third party platforms like face book, Google, etc. In the latter case, you confirm to abide by the third party regulations and requirements which are beyond the control of this website. Please note that ‘AffiBank’ does not permit:
(a) Any other person using the registered sections under your name; or
(b) Access of such sections through a single name being made available to multiple users on a network.
(c) You are responsible for preventing such unauthorized use. If you believe there has been unauthorized use, you must notify ‘AffiBank’ immediately by e-mailing to info (at) affibank.eu. If you use the Website as a Registered User, you are responsible for maintaining the confidentiality of your User ID and Password. If you provide any information that is untrue, inaccurate, not current or incomplete or ‘AffiBank’ has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, ‘AffiBank’ has the right to indefinitely suspend or terminate or block access of your membership with the Website and refuse to provide you with access to the Website.
3. HOW YOU COMMUNICATE WITH US:
3.1. The ‘AffiBank’ website may contain (currently or later) bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
(a) Defame abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
(b) Publish post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
(c) Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
(d) Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer or products which features are not according to its description or having no use value.
(e) Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
(f) Conduct or forward surveys, contests, pyramid schemes or chain letters.
(g) Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
(h) Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
(i) Restrict or inhibit any other user from using and enjoying the communication Services.
(j) Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
(k) Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
(l) Violate any applicable laws or regulations.
(m) ‘AffiBank’ has no obligation to monitor the Communication Services. However, ‘AffiBank’ reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion.
(n) ‘AffiBank’ reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
(o) ‘AffiBank’ reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in ‘AffiBank’'s sole discretion.
(p) Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. ‘AffiBank’ does not control or endorse the content, messages or information found in any Communication Service and, therefore, ‘AffiBank’ specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized ‘AffiBank’ spokespersons, and their views do not necessarily reflect those of ‘AffiBank’.
(q) Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
3.2. EMAIL FROM US
‘AffiBank’ sends automated service messages pertaining to promotions, Service updates or confirmation regarding transactions for online orders for delivery, new content, news items/ take-away / advance orders /catering requests / Table Reservations/ Corporate Parties and or invitations to provide diner feedback. While you cannot unsubscribe from all service messages, you may select not to receive future diner-feedback invitation emails by following the "unsubscribe" instructions provided. You may unsubscribe from our email list at any time by visiting your Profile page and choosing to opt out from receiving marketing communications. You may also receive marketing communications from us with regard to an online order. You may unsubscribe from the email list at any time by intimating us or them on the same.
3.3 Communication language
Communication between us and you is in English.
4. SHARING YOUR CONTENT WITH US
4.1. AffiBank’s License to contents: By uploading content to or submitting any materials, information for use on the Web site, you grant (or warrant that the owner of such rights has expressly granted) ‘AffiBank’ a perpetual, royalty-free, irrevocable, non-exclusive right and license to sell, deliver, use, reproduce, adapt, publish, translate, distribute such materials within the arena of the AffiBank’s service. AffiBank may modify, adapt, create derivative works, or incorporate such materials into any form, medium or technology only after obtaining suitable permission and clearances.
4.3. Linking to the Web site: You may provide links only to the homepage of this Web site, provided
(a) You do not remove or obscure, by framing or otherwise, any portion of the homepage,
(b) You give ‘AffiBank’ notice of such link by sending an e-mail to info @ affibank.eu; and
(c) You discontinue providing links to this Web site if requested by ‘AffiBank’.
(d) If you wish to provide links to a section within the Web site, you should forward your request to ‘AffiBank’ at info @ affibank.eu and ‘AffiBank’ will notify you if permission is granted, and if so the terms and conditions of the permission.
(e) Add a point to allow linking to specific pages
5. RIGHS AND OBLIGATIONS OF THE PARTIES
5.1. The rights and obligations of the seller
The Website/ seller covenants and represents that it shall:
(a) after obtaining successful payment, deliver the confirmed orders to the consumer in the agreed quantity, quality and in time ;
(b) Ensure that the products meet the applicable legislation of the Slovak Republic local statutory requirements of foreign countries like Poland, Russia etc.
(c) AffiBank has the right to obtain proper and timely payment of the purchase price from the buyer for the goods delivered.
(d) AffiBank has the right to cancel the order if sold out due to unavailability of goods or is not able to deliver the goods to the purchaser within the time limit set by these terms and conditions or in the price that is listed in the online store, unless the customer agrees to compensation. The customer, in case of cancellation of the order, will be informed by telephone or e-mail and in case of payment of the purchase price of his or her funds will be returned within 15 days to the designated account, unless otherwise agreed with the seller.
5.2. The rights and obligations of the buyer
We assume that once consumer has paid for the goods, he/she will download the content within a period of twenty (20) minutes. Since consumer has right to the confirmed goods, in cases where he/she has not downloaded the goods during the said period or thirty (30) minutes, the downloaded goods turn out to be a defective copy in any aspect arising due to technical snags, he/she should immediately contact info @ affibank.eu to bring this to our notice. In such cases, the consumer shall be provided a new link to the content and NOT warrant a claim for refund.
Additionally, the Purchaser/ Consumer covenants that he/ she shall:
(a) pay the seller the agreed price at an agreed maturity;
(b) assume purchased or ordered goods immediately after confirmation of order /payment received;
(c) not harm the good repute or tarnish the business name of the seller in any manner; and
(d) use the goods for personal and noncommercial use only.
5.3. The rights and obligations of the author
The Author covenants and agrees to:
(a) sign up as author after filling the appropriate form on portal;
(b) keep information in his/ her profile updated;
(c) Upload the goods and keep the related content, including product description, up to date. If the content is found to fulfill the conditions as laid down in Para 4 above, the content shall be approved for promotion by provider. If the content is approved, link for direct sell method will be generated.
(d) Set up the price of goods
(e) After defined period get report on all referral purchases
(f) After defined period, get commission from all referral purchases in height defined for each item of purchased goods
(g) not to harm good business name of the seller
(h) comply with applicable local income taxation laws and register at his tax office, if achieved appropriate volume of income, by law
5.4. The rights and obligations of the affiliate
The rights and obligations of the Affiliate shall require him/her to:
(a) sign up as affiliate filling the appropriate form on portal
(b) keep information in his profile updated
(c) Select and promote goods in order to get referral purchase of goods by consumers
(d) After defined period get report on all referral purchases
(e) After defined period, get commission from all referral purchases in height defined for each item of purchased goods
(f) not to harm good business name of the seller
(g) comply with applicable local income taxation laws and register at his tax office, if achieved appropriate volume of income, by law
6. HOW TO MAKE AN ORDER AND HOW IT IS PROCESSED
All orders are to be made online through member account and payments can be made online/ Cash-on-Delivery/ other modes:
6.1. ORDERING BY ONLINE PAYMENT: (Kindly modify as per actual usage)
(a) Once you have selected your order from the menu of your chosen category, or using referral link from the affiliate page, the product will be added and ready to be confirmed on the proceeding checkout page. Thereafter you can submit/ confirm your order filling your e-mail address and by clicking on the "payment" button and making requisite payment through our secure payment gateway, PayPal, Master Card, VISA, First Data Inc. (www.firstdata.com) in the name of VUB bank (www.vub.sk, a member of group Intesa Sanpaolo, Italy), Web Money (www.wmtransfer.com), QIWI (www.qiwi.com) or using other suitable debit card/ credit card/ purse or funds associated equivalents. We don’t support offline payment methods like wire transfer, cash, checques or other similar modes.
(b) Please note it is important that you check the information (such as amount, card details etc.) that you enter and correct any errors before clicking on the "proceed" or “confirm order” button since once you click on this input errors cannot be corrected.
(c) On receipt of your payment or request of cash on delivery, we will begin processing your order and you will be redirected to our download page, containing link to the content. Link is generated dynamically to protect against unwanted downloads and download lifetime is limited to 20 minutes. You are responsible to click on the link and download the content using instructions on download page. .
(d) Where any payment you make is not authorized you will be returned to the previous page on the Website and we shall not be obliged to provide the product/service.
(e) Please note that once you have placed your order, you cannot cancel the same and will be considered ‘completed orders’.
6.2. PRICE AND PAYMENT
(a) The pricing as represented on the website is subject to change. The company endeavours to provide the best price to its users but does not guarantee, claim or wager that the quoted price would be the least available in the market.
(b) The prices are subject to internal pricing policy and discretion of the company and may be changed/ updated from time to time. Any error in pricing or product information may be corrected at any time at the discretion of Author or the website/company.
(c) (Online payment) Facility: The Website allows online payment through our secure online payment gateway of VUB bank (Intesa Group) and Firstdata international, the VISA and MasterCard operator which enables automated collection and remittance services using the current banking and credit / debit and such other infrastructure directly through Bank or financial institution infrastructure or through any facility as may be authorized for collection, refund and remittance, as the case may be of payment or supporting the same in any manner. You would be asked by ‘AffiBank’ to separately accept the aforesaid payment gateway’s User Agreement, Seller Terms and Conditions and other rules and policies as may be required and applicable for your nature of activities. For risk management governing the payment gateway, charge back and dispute resolution, you are requested to pursue their individual policies.
(d) Payment for all orders must be by credit or debit card or other methods such as coupons, etc. as stated/ allowed on this Website.
(e) consumer can recognize his payment (s) on his bank statement under code “AFFIBANK.EU”
(f) From time to time, A a discount may apply to your order if you use a promotional code recognized by this Website and endorsed by ‘AffiBank’.
(g) Please note that from time to time there may be delays with processing payments and transactions, on occasion this can take up to ten (10) days to be deducted from your bank account or credit card.
(h) price of the goods will include appropriate VAT or other taxes as applicable under suitable laws, which amount shall reflect on the receipt or other payment confirmation
(i) Commission for affiliates and authors shall be paid proceed in Two (2) weeks or one (1) month period; processing of wired transfer payment shall be provided within next three (3) working days.
(j) in order to prevent double taxation, we shall deduct any tax, similar to but not limited to withholding tax, as applicable by any appropriate statutory or legal requirement. In case the withholding tax is to be applied, the receiving party shall receive payment after deduction of tax and the deducted tax shall be submitted to the tax office in a timely manner. Statements of such deposits to (tax domicile) can be made available to the receiving party upon request.
(k) type of such payment shall be via bank transfer and the costs for the transfer shall be borne by the receiving party.
(l) AffiBank is not responsible for any further delay of international bank transfer process
6.3. COUPONS & OFFERS
The offers currently available have been prominently displayed on the homepage and other sections of this site along with the end date. Company may, at its discretion, provide vouchers which can be used a credit. Multiple orders cannot be redeemed against using one voucher. The company reserves the right to discontinue the vouchers at any time.
Some of the other offers may be similar to:
b) Redeem Coupons/ Codes
d) Referral service (REFER-A-FRIEND): If you elect to use our referral service for informing a friend about any of our services/site, we ask you for your friend‘s name and email address. We will automatically send the friend an email inviting them to visit the Site. If applicable at the time, both you and your friend may receive a referral discount.
6.4. PROMOTIONS & MEMBERSHIP
‘AffiBank’ is entitled during defined time intervals, to make a promotional campaign to promote the Registration of new members in their service. ‘AffiBank’ reserves the right to modify the conditions of implementation of promotional campaigns, extension, communicating properly, or proceed to the exclusion of any of the participants of the promotion in the event of detecting any abnormality, abuse or unethical behaviour on participation of them.
7. CANCELLATIONS, REFUNDS & COMPLAINTS
Our refund policy is subject to laid down procedures and may change with time. Currently the timelines for refund of purchase price will be within 14 days when paid online. Please read the other policies below for better understanding or call us for clarification. The amount refundable will be limited to the maximum of actual purchase price. In the claim form the Claimer shall state the reason, his/ her postal address, e-mail address, purchase ID and such other relevant details. The refund amount will be through cash delivery company like, but not limited to, Post, Western Union or similar, directly in the hands of claimant at his/her postal address.
7.2. Money- Back Guarantee
All consumers shall have 65 days money- back guarantee. Consumers can claim money- back by writing to us and providing the reasons for such claims along with their name, postal address, e-mail ID and transaction ID. The claim will be processed within 14 days and money refunded through post or other modes allowing such refunds including cash/ cheque service.
Please note that once you have placed your order online, you will not be able to cancel your order in which case the order will be considered confirmed. The order may be cancelled by AffiBank at its own discretion and client suitably informed when:
(a) The product is unavailable;
(b) Product is found to be outdated or of defective or sub-standard quality. Any order charged therein will be refunded to the user account.
(c) Any fraudulent ordering is detected; The Company may cancel the order if any fraudulent activity/ unethical practice or misuse of account/ vouchers is detected and initiate legal proceeding wherever required.
7.4. Complaints & Disputes
In case of any compliant relating to any product or purchase, the same should be brought to the notice of the site administrator by writing a mail to info @ affibank.eu. Within 24 hours from the date of such complaint/dispute. The decision of the Company with regard to any promotion/ deal/ discount or voucher will be fair and final. The Site may, at its discretion, refund the money, to the extent of actual amount of the product in question and no more.
8. RELATION WITH THIRD PARTY
8.1. Review & comments: We encourage our clients and users to offer their frank reviews and comments on the quality and experience they had with regard to any ‘AffiBank’ product. These reviews are independent and personal views of the person (s) making them and ‘AffiBank’ does not exercise any control or influence over them and shall not be responsible for any adverse effect including legal or punitive damages arising out of such remarks or reviews. However, ‘AffiBank’ will monitor, moderate and control such user interaction.
8.2. Links to third party sites / Third party services: The ‘AffiBank’ website may contain links to other websites ("Linked Sites") now or in future. As and when this happens, we would like to emphasize that the ‘linked sites’ are not under the control of ‘AffiBank’ and ‘AffiBank’ is not responsible for the contents of any linked site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. ‘AffiBank’ is not responsible for webcasting or any other form of transmission received from any Linked Site. ‘AffiBank’ is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ‘AffiBank’ of the site or any association with its operators. These Terms and Conditions do not cover your interaction with Linked Sites, and you should carefully review the terms and conditions and privacy policies of any third party sites. You may provide non-framed link to this site from any other site in such a manner that it does not give an impression that we are associated with or approve such sites, unless expressly agreed to by ourselves in writing.
9. TRADEMARKS, COPYRIGHT AND INTELLECTUAL PROPERTY
9.1. The site contains “‘AffiBank’” trade and service marks and devices (including the word “‘AffiBank’” & the ‘AffiBank’ Logo) and other valuable trade or service marks owned by Mercier, s.r.o. or licensed to Mercier, s.r.o. to distinguish its services and products. These trade and service marks and related intellectual property are protected from copying and simulation under national and international laws and may not be reproduced or copied without the express prior written consent of Mercier, s.r.o.
9.2. Without limitation, you must not use any of the said trade or service marks:
(a) in or as the whole or part of your own trademarks;
(b) in connection with activities, products or services which are not undertaken or provided by Mercier, s.r.o.;
(c) in a manner which may be confusing, misleading or deceptive; or in a manner that disparages Mercier, s.r.o. or its information, products or services (including this site).
9.3. Copyright: The information, text, graphics, images, sounds, links and all other information and software published or otherwise contained in the site (“Information”) are either owned exclusively by Mercier, s.r.o. or licensed by Mercier, s.r.o. and except as specifically provided in these Conditions may not be copied, distributed, displayed, reproduced or transmitted, in any form or by any means whether electronic, mechanical, photocopying, recording, or otherwise, without the prior written approval of Mercier, s.r.o.. Without limitation you may not, without such approval from Mercier, s.r.o., create derivative works from any part of the site or commercialize any Information, products or services obtained from any part of the site. Information procured from a third party may be the subject of copyright owned by that third party.
9.5. Confidential Information
(a) This site and some of the articles on this site contain links to other resources and businesses on the Internet. Those links are provided as citations and aids to help you identify and locate other Internet resources that may be of interest, and are not intended to state or imply that ‘AffiBank’ sponsors, is affiliated or associated with, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links.
(b) ‘AffiBank’ is not responsible for any loss, injury, claim, liability, or damage related to your use of this site or any site linked to this site, whether from errors or omissions in the content of our site or any other linked sites, from the site being down or from any other use of the site. In short, your use of the site is at your own risk.
(c) Materials in public domain: Materials such as text relating to various acts are in public domain and have been uploaded for user’s information purpose only. Please do not make a commercial utilization of the same. ‘AffiBank’ does not claim proprietary right over such materials.
10. LEGAL& MISCELLANEOUS
10.1. Please note that your access, interpretation and usage of the information and services warrants that there has been no solicitation, invitation or inducement or creation of any legally enforceable relationship.
10.2. If this T&C conflicts with any other document, the terms will prevail for the purposes of usage of the Site.
10.3. These Terms & Conditions, as modified or amended from time to time, are a binding contract between the company and user.
10.4. Satisfaction Guarantee: ‘AffiBank’ takes all precautions and diligent efforts to ensure that the ordering service not only meets your criteria but also turns out to be a hassle-free experience as far as ordering form our site is concerned. This has enabled ‘AffiBank’ to offer you guarantees of satisfaction with our services and support. Because we care to offer the best service to you, we strive to be the best service ‘AffiBank’ on the web in this category. If you are not satisfied with our services, please contact us immediately at info @ affibank.eu and we will try to remedy the situation.
10.5. Since we're dedicating time and effort to provide an enjoyable online experience, our guarantee only covers satisfaction issues like ease and promptness of ordering enabled by ‘AffiBank’& does not include changes effected by the vendor or manufacturer to your situation or your state of mind.
10.6. Disclaimer Of Warranties:
You expressly understand and agree that:
(a) Your use of the website is at your sole discretion and responsibility. The services of the website are being provided to you on an "as is" and "as available" basis. ‘AffiBank’, its affiliates, officers, employees, agents, partners and licensees expressly disclaim all warranties of any kind, whether expressed or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
(b) ‘AffiBank’, its affiliates, officers, employees, agents, partners and licensees make no warranty that:
i. the services of the website will meet your requirements;
ii. the services of the website will be uninterrupted, timely, secure or error-free; the results that may be obtained from the use of such services will be accurate or reliable;
iii. The quality of any products, services, information or other material purchased or obtained by you through the Service or through the Service advertisers or partners will meet your expectations.
iv. Any material downloaded or otherwise obtained through the use of the Website is accessed by you at your sole own discretion and risk, and you will alone be responsible for any damage to your computer system or loss of data that results from the download of any such material.
v. No advice or information, whether oral or written, obtained by you from ‘AffiBank’ or through or from the Service shall create any warranty not expressly stated in the T&C.
10.7. No Partnership: You agree that no joint venture, partnership, employment, or agency relationship exists between you and ‘AffiBank’ as a result of this agreement or use of the ‘AffiBank’ website. ‘AffiBank’'s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of ‘AffiBank’'s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the ‘AffiBank’ website or information provided to or gathered by ‘AffiBank’ with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
10.8. General Responsibility: Under these terms, ‘AffiBank’ only offers users a virtual space that allows them to communicate through the Internet to place orders for useful and valuable online content from the comfort of the home and as processor of online payments and shall not be responsible for the existence, quality, quantity, condition, integrity or legitimacy of goods offered, purchased or sold by the users as well as the ability to recruit the users or the veracity of the data direction they entered. ‘AffiBank’ eviction no warranty or hidden defects or apparent property subject to the transactions between users.
10.9. Payment gateways are supposed to be error free and/or uninterrupted. Consequently, ‘AffiBank’ assumes no liability whatsoever for any monetary or other damage suffered by you on account of:-
a) The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website or payment gateway;
b) Any interruption or errors in the operation of the Website or Payment Gateway. You expressly understand and agree that ‘AffiBank’ shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if ‘AffiBank’ has been advised of the possibility of such damages).
c) AffiBank shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages to affiliates implied by non- acceptance this terms by consumers, when mandatory
d) AffiBank shall not be liable for any amount of possible or documentary damages (including reasonable attorney's fees) above the cumulative amount of paid balance for the purchase or commission of products or services sold under these terms
10.10. Faults in the system: ‘AffiBank’ will not be responsible for any damage or loss caused by faults to the user in the system, payment gateway, server or Internet. ‘AffiBank’ will not be liable for any viruses that may infect the user's equipment resulting from unauthorized access, use or examination of your website or upon any transfer of data, files, images, text, or audio contained therein. ‘AffiBank’ will attempt to provide continued access uninterrupted use of its site. However, do note that the system may eventually become unavailable due to technical difficulties or Internet failures or any other circumstance beyond AffiBank’s control. In such cases ‘AffiBank’ will seek to restore it as quickly as possible without necessarily any fault of some kind & will not be held responsible in such case.
‘AffiBank’ will not be liable under any circumstances, should there occur:
a) Any errors or delays in access to the Website by user. At the time of entering your information in the order form, slowness or inability to obtain the receipt by the recipient of the confirmation of order or any condition which may arise when these incidents are due to problems on the Internet, causes of unforeseeable circumstances or force majeure and other unforeseeable contingency outside AffiBank’s good faith;
b) for failures or incidents that may occur in communications, defaced or incomplete transmissions, so there is no guarantee that the Website services are constantly operational;
c) errors or damage the Website for inefficient service use in bad faith by the Registered User;
d) of non-operational or problems with the email address provided by the Registered User to send the order confirmation.
10.12. Limitation of Liability: In no event shall ‘AffiBank’ be liable for any direct, indirect, incidental, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website and payment gateway, its services, incomplete or invalid personal data in profile of registered entities, or this agreement (however arising, including negligence). ‘AffiBank’s liability in any circumstance is limited to the amount or charges, if any, paid by you to ‘AffiBank’. ‘AffiBank’, its associates, affiliates and service ‘AffiBank’s and technology partners make no representations or Warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website or Payment gateway.
10.13. Indemnification: By usage of this site, you will hold ‘AffiBank’ and its officers, directors, employees, and agents harmless for any indirect, punitive, special, incidental, or consequential damage, however it arises (including attorneys' fees and all related costs and expenses of litigation and arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted), whether in an action of contract, negligence, or other tortious action, or arising out of or in connection with this agreement, including without limitation any claim for personal injury or property damage, arising from this agreement and any violation by us of any central, state, or local laws, statutes, rules, or regulations, even if ‘AffiBank’ has been previously advised of the possibility of such damage. if there is liability found on the part of ‘AffiBank’, it will be limited to the amount paid for the products and/or services.
10.16. Notices: ‘AffiBank’ may provide you with notices, including those regarding changes to the Terms and Conditions, mostly by changes or postings on the ‘AffiBank’ website, or other reasonable means now known or hereafter developed. Users are called upon to keep themselves apprised and updated about such changes upon subsequent visits to the website. As is the norm, no separate intimation for such changes is feasible or will be provided. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents have been drawn up in English.
10.18. Continuing obligations: Nothing in this agreement is intended to replace, supersede or supplant duties and obligations enshrined under the Agreement and other related agreements that specifically continue following a termination of his services. By executing this present agreement, the Investing Partner hereby acknowledges and reaffirms all such continuing obligations under the Agreement and all related agreements and applicable law. These obligations include, without limitation, Company’s agreements concerning Confidential Information, Non-Competition and Non-Solicitation.
10.19. Dispute Resolution: Any dispute, controversy or claim (“Dispute”) arising out of, relating to, or in connection with this Agreement, termination or validity hereof, shall initially be resolved by amicable negotiations among the Parties and, if not resolved through such negotiations within 7 days of written notice of the existence of such Dispute, be finally settled by binding arbitration by a sole arbitrator to be appointed by the Company. You agree that only after exhausting such aforementioned avenues will you take recourse to legal remedies.
Last Updated 10.09.2014