This website is operated and owned by SIA Komlain. The terms “we”, “us” and “our” refer to SIA Komlain. SIA Komlain offers this website, including all information, tools and services available from this website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein below.
Please read these Terms of Service carefully before accessing or using our website and/or our services. By accessing or using any part of the website and/or services, you agree to be bound by these Terms of Service. If you are hesitant towards and/or do not agree to all and/or part of the terms and conditions of this agreement, then please consult a legal consultant before using it, and if you still disagree with all and/or any part of the terms you may not access the website or use any services. Any new features or tools which are added to the current website shall also be subject to the Terms of Service.
By visiting and/or using our site and/or services, you engage in our “Service” and agree unconditionally to be bound by the following terms and conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink, which are not provided and/or controlled by us and, in addition to any terms and conditions are included within any other Agreement signed between you and us and/or us and a third party. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, clients, merchants, and/ or contributors.
1. Updates, amendments, alterations
1.1. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or amendments and/or alterations to our website. It is your responsibility to check this page periodically for changes. If you continue to use and/or access the website following the posting of any changes, this automatically constitutes acceptance of those changes. In the event you disagree with any amendment and/or alteration and/or update you shall immediately terminate the use of our website.
1.2. You can review the most current version of the Terms of Service at any time on this page. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
2.1. We retain the right at any time to alter and/or amend and/or add and/or modify and/or discontinue and/or terminate the Service and/or the access to the site (or any part or content thereof), at any time, without notice and/or prior information.
2.2. We shall not be liable to you or to any third-party for any modification, suspension or discontinuance of the Service.
2.3. A breach or violation of any of the Terms may result in an immediate termination of Services, account and the right of access.
2.4. We reserve the right to refuse service to anyone for any reason at any time.
2.5. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our website.
2.6. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
2.7. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
3.1. In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:-
a. for any unlawful purpose;
b. to solicit others to perform or participate in any unlawful acts;
c. to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
d. to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
e. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
f. to submit false or misleading information;
g. to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
h. to collect or track the personal information of others;
i. to spam, phish, pharm, pretext, spider, crawl, or scrape;
j. for any obscene or immoral purpose;
k. to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
l. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The above referred listed prohibitions is a non-exhaustive list of prohibitions and we reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses listed and/or not listed above.
4.1. We do not warrant that the quality of any services, information, or other material obtained by you will meet your expectations, or that any errors in the Service will be corrected.
4.2. We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
4.3. We do not warrant that any statement current and/or future shall apply to you or any other third party without deviations. Specifically, regarding future statements, plans, potential achievements, estimations etc, we do not guarantee, represent or warrant the implementation of such statements.
4.4. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
4.5. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
4.6. All descriptions and pricing are subject to change at anytime without notice, at our sole discretion. We reserve the right to discontinue any service at any time.
5. Third parties’ links
5.1. Certain content, products and services available via our Service may include materials from third parties.
5.2. We may provide you with access to third party tools over which we neither monitor nor have any control of. You acknowledge and agree that we provide access to such tools without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
5.3. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
5.4. We may also, in the future, offer new third party services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
5.5. Third-party links on this site may direct you to third party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third party materials or websites, or for any other materials, products, or services of third-parties.
5.6. We are not liable for any harm or damages related to services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third parties’ policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third party products should be directed to the third party.
6. Authorised users
6.1. Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized persons attempting to access these areas of the Site may be subject to prosecution.
6.2. If you are an authorised user, you may not assign your authorisation to others without informing us.
Cookies may be used in order to improve our service to you. The cookies used do not collect personally identifiable information, and they are not used to determine your Identity. If you are not comfortable with this use, you may configure your browser to be notified when cookies are to be received and to provide you with the option of refusing cookies. Cookies may be used to record details of pages relating to particular products and services that you have visited on the Website. This is to provide us with generic usage statistics to allow us to improve this Site and to provide you with information that may interest you.
8. Intellectual Property
You hereby acknowledge, agree and respect that, the content and/or any patent, copyright, logo, design rights, data base rights, applications for any of the above, moral rights, know-how, trade secrets, domain names, URL, or any other intellectual or industrial property rights (and any licenses in connection with any of the same), whether or not registered or capable of registration, and whether subsisting in any specific country or countries or any other part of the world, which belong to us or our affiliates, partners, suppliers or licensors (“Proprietary Rights”) are exclusively owned by us or our affiliates, partners, suppliers or licensors, and we and/or such entities, as applicable, reserve all rights to the Proprietary Rights. You hereby acknowledge that by accessing and using the Website you obtain no rights in or to the Proprietary Rights other than those expressly granted under this Agreement.
9.1. In no case shall SIA Komlain , our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
9.2. In case of force majeure namely, acts of God, wars, military action, strikes or other labour disputes, fires, transportation contingencies, interruptions in telecommunications, utility, Internet services or network provider services, acts or omissions by a third party, infiltration or disruption of the Services by a third party, or other catastrophes or occurrences that are beyond our reasonable control, we shall not be liable for any kind of loss, delay, damage occured.
You agree to indemnify, defend and hold harmless SIA Komlain and our subsidiaries, representatives, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
12. Governing law
These Terms of Service and any separate agreements shall be governed by and construed in accordance with the laws and legislation of England and Wales and the Courts of the England and Wales have the sole and exclusive jurisdiction in regard to any dispute may arise upon the implementation of the terms and conditions of the present Agreement and/or services.
13.1. The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
13.2. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
13.3. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.