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This Terms applies to:
the use of www.aaconsultant.com("Website");
all information stored on or receivable through the Website or any other Website server ("Information"); and
any goods or services offered, accessed, obtained or purchased through the Website by you ("the User").
This Terms governs the use of the Website, the sale and purchase of products or services at AA CONSULTANT through the Website and limit the liability of AA Consultant and its associated companies, holding companies, subsidiaries, employees, agents, contractors and any third party Information provider in relation to any such use, Information, goods and services.
Part I : Terms regarding the Use of the Website
Disclaimer of Warranties
You expressly understand and agree :
Your use of the Website is at your own risk. To the extent permitted by law, AA Consultant expressly disclaims any responsibility, representation or warranty ( explicit and implicit ):
in relation to the quality, operation, use, accuracy, or timeliness of, or the fitness or use for any purpose of, the Website or the Information;
in relation to any goods or services accessed, offered or obtained through the Website or pursuant to the Information;
that any access to the Website or the Information will be uninterrupted or error free or that the Information does not contain any viruses, or contaminating or destructive properties;
that the Information will not be objectionable or offensive to the User or any other person; or
for any error, omission or misstatement in or arising from the Information.
AA Consultant does not endorse or recommend any person, organisation, name, product or service referred to in the Information, nor does the Information constitute AA Consultant's views or opinions. AA Consultant will not be a party to any transaction between the User and any third person in any way relating to the Information or made through the Website unless and only to the extent expressly stated in writing otherwise.
The Information may be protected under intellectual property laws and rights (including without limitation laws protecting copyright). If the User downloads, copies, transmits, publishes, stores or otherwise uses the Information without the consent of the owner of such rights, the User may infringe such laws or rights. It is the User's responsibility to determine whether any such infringement ("Copyright Infringement") will occur.
Limitation of Liability
You expressly understand and agree that to the extent permitted by law, AA Consultant shall not be liable to the User or any other person whether in tort, contract, statute or otherwise (including without limitation for negligence, breach of contract, defamation, or intellectual property right infringement) for:
any direct loss;
any consequential, indirect, incidental, special or exemplary loss (including without limitation loss of revenue or profits, goodwill, use, data or other intangible losses); and
the User's liability to any other person, which is suffered or incurred by the User or any other person arising under or in any way out of the Information or the use of the Website.
Provision of Service & Data
All services offered on the Website ("Services") shall, unless explicitly stated otherwise, be subject to these terms and conditions. You understand and agree that AA Consultant assumes no responsibility for the timeliness, deletion, mis-delivery or failure of the provision of any Services.
You understand that the technical processing and transmission of the Services may involve :
transmissions over various networks; and
changes to conform and adapt to technical requirements of connecting networks or devices.
AA Consultant shall, accordingly, in no circumstances, be liable for any failure of any Services in whole or in part or for your inability to gain access in whole or in part to such Services due to the delay or failure of any communication networks or any party providing such access.
You may be asked to fill in one or more than one of our registration or application forms (on-line or otherwise) before certain Services become available to you. In filling in those forms, you undertake to :
provide true, accurate, current and complete personally identifiable information about yourself as required;
provide true, accurate, current and complete information about any contents posted or offered by you through any Websites ("Other Information"); and
maintain and promptly update your personally identifiable information and Other Information to keep it true, accurate, current and complete.
If you provide any Other Information or personally identifiable information that is untrue, inaccurate, not current or incomplete, or AA Consultant has reasonable grounds to suspect that such is untrue, inaccurate, not current or incomplete, AA Consultant has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
If you are under the age of eighteen, a minor or not capable of assuming legal responsibility, you should seek advice from your parents or guardians as to the meaning and consequences of these terms and conditions before using any of the Services. You must not provide us with your personally identifiable information unless you have received the consent from your parents or guardians. AA Consultant presumes that every User of the Websites has the requisite capacity required for any use of any of the Services and, by using any of the Services, you undertake and warrant to us that you have the requisite capacity. AA Consultant is not obliged to verify the age or capacity or any Users, but in the event it is discovered that any Users lack the requisite capacity, AA Consultant reserves the rights as may be available against such Users, or the parents or guardians of such Users, including the right to be indemnified by them against all the loss or damage suffered by us as the result of the said lack of capacity or to cancel their registration and terminate their access to the Website.
Account PIN & Password
You will create or receive a password and/or Personal Identification Number ("PIN") upon completing our on-line registration form. You are responsible for maintaining the confidentiality of the said passwords and PIN, and are fully responsible for all activities that occur under those passwords or PIN. You agree to
immediately notify AA Consultant of any unauthorized use of your passwords or PIN or any other breach of security; or
ensure that you exit from your passwords or PIN at the end of each visit to the Websites. AA Consultant cannot and will not be liable for any loss or damage arising from your failure to comply with this clause or your use of any digital or electronic certificates in connection with the Services.
You acknowledge that the said passwords and PIN are confidential and must not be disclosed to any other person(s) under any circumstances. Any words, action or conduct whether intentional or unintentional, by you breaching that confidentiality shall render you liable to AA Consultant for all losses and damages thereby caused. You shall take all necessary precautions to maintain the confidentiality of the said passwords and PIN. You hereby agree and acknowledge that the use of the Services by any person whatsoever (whether authorised by you or not) with those passwords and PIN shall constitute and be deemed the use of the Services by you. You shall notify AA Consultant immediately of any actual or possible unauthorised use of those passwords and PIN and shall confirm the same in writing without delay to AA Consultant. Until AA Consultant has received such written confirmation you shall have no claim against AA Consultant and shall be liable to AA Consultant for all losses and damages incurred by AA Consultant in respect of any use of the Services whether authorised by you or not.
You acknowledge and agree that the only duty of AA Consultant is to verify those passwords and PIN and AA Consultant shall not be liable in respect of:
any loss or damage suffered by you or any other person as a result of any failure to effect or execute instructions through various electronic delivery channels or perform any obligation thereunder where such failure is attributable either directly or indirectly to any circumstances or events outside our control: and
any other loss or damage whatsoever suffered by you or by any other person as a result of any instructions through various electronic delivery channels given with the correct password and/or PIN.
You agree and accept that, given the nature of the Internet, AA Consultant does not warrant (and accepts no responsibility for) confidentiality of any transmission of personally identifiable information, other Information or data through the Website. AA Consultant's current practice is to take reasonable steps to maintain confidentiality.
In consideration of AA Consultant allowing you to access to the Information and/or the Website, you agree:
not to carry out or allow any Copyright Infringement;
not to use the Information or the User's access to the Website for any illegal, improper, obscene or defamatory purpose;
to take all steps to ensure the Information does not damage the User's information or systems;
to ensure that all information which you provide to the Website is true and accurate to the best of your knowledge;
to AA Consultant conducting research on access to the Information;
to all AA Consultant's disclaimers and limitations of liability set out in this notice;
to AA Consultant's personal data policies current from time to time applying; or
not to assign your rights to any third parties without the prior written consent of AA Consultant.
Third Parties Websites
The Website may contain materials produced by third parties or links to other websites. AA Consultant accept no responsibility or liability in respect of any such third party materials or for the operation or content of other websites (whether or not linked to the Website) which are not under AA Consultant's direct control. When you activate any such links, you leave the Website and access such sites or pages at your own risk and AA Consultant shall not be responsible or liable for any contents, advertising, products, or other materials on or available from such sites or pages. You further acknowledge and agree that AA Consultant shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such contents, goods or services available on or through any such sites or pages. AA Consultant reserves the right to require the removal of any link from another website to the Website which is installed without obtaining the prior written consent of AA Consultant.
Dealing with Advertisers
Your correspondence or business dealings with, or participation in promotion of third parties placing advertisements on the Website or other parties found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and those third parties. You agree that AA Consultant shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.
Introduced or mentioned in or via the Website being effected by the payment platform provided by us, notwithstanding anything herein contained, AA Consultant shall not be liable to you for and in respect of any loss or damage (including indirect and consequential losses and damage) suffered by you in connection with any on-line payments made by you by reason of :
any failure, delay, interruption, suspension or restriction of the transmission of any information or message from any payment gateways of the relevant banks and/or third party merchants for processing credit/debit/smart card or other payment facilitating mechanism;
any error in or omission from any information or message transmitted from the said payment gateways;
any breakdown, malfunction or failure of those gateways; and
anything arriving out of or in connection with them.
Modifications of Services
AA Consultant reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that AA Consultant shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
No Resale of Services
You undertake not to reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of the Services, use of the Services, or access to the Services.
Public Disclosure of Information
Before you send any contents, other Information or personally identifiable information, you must check whether you are sending it in the public area of the Website. If you are sending it in the public area, you acknowledge that you are doing so voluntarily and that
AA Consultant is granted a world-wide, royalty free license to reproduce, modify, adapt and publish such contents for as long as you elect to continue to include such contents in the Website;
any person may use such contents for the purpose of exchanging email/ emails or chatting between or amongst Users or introducing you to Users. All such Contents you voluntarily make available in the public area are not to be regarded as being collected by AA Consultant;
AA Consultant shall not be liable for any claims or loss arising out of such contents which are untrue, misleading, defamatory, indecent or dangerous in nature. AA Consultant shall have the right to remove any content which AA Consultant determines it as inappropriate; and
AA Consultant shall not in any event be liable for any claim in relation to such contents.
User agrees to hold AA Consultant harmless and indemnify AA Consultant against all losses, damages, claim, demands, proceedings, liabilities, costs (including legal costs), and expenses in connection with your use of the Website in breach of the terms and conditions herein or negligently.
Availability and Suitability of Services
AA Consultant does not warrant that the information or materials contained in the Website are current or accurate or that any of the products or services featured on the Website is available. AA Consultant may change the materials appearing on the Website at any time without notice.