THESE TERMS AND CONDITIONS WILL BE APPLICABLE TO YOUR USE OF AND ACCESS TO THE WEBSITE (AS DEFINED IN SECTION 1 BELOW). THESE TERMS CONTAIN EXCLUSIONS AND LIMITATIONS OF THE LIABILITY OF GEWC LIMITED AND IMPOSES LEGAL OBLIGATIONS ON YOU. BY ACESSING AND/OR USING THE WEBSITE YOU INDICATE YOUR ACCEPTANCE OF AND AGREEMENT TO THESE TERMS. IF YOU DO NOT AGREE, PLEASE REFRAIN FROM ACCESSING AND/OR USING THE WEBSITE OR ANY SERVICES MADE AVAILABLE ON IT. PLEASE READ THESE TERMS CAREFULLY, ESPECIALLY THE PROVISIONS OF PARAGRAPHS 10, 12, 13 AND 14. IT IS SUGGESTED THAT YOU PRINT A COPY OF THESE TERMS AND KEEP IT FOR YOUR RECORDS.
1.1 When accessing the website www.gilvah.com (the “Website”), you enter into a legally binding contract with GEWC Limited upon these terms and conditions (“Terms”). GEWC Limited is a company incorporated under the laws of the England and Wales with company number 2002/080618/23 and whose registered office is at Sigma House, Edginswell Park, Oak View Close, Torquay TQ2 7FF (hereinafter referred to as “we” or “us” or “our”).
1.2 These Terms apply to all visitors to the Website, including, but not limited to members of the public or legal and other entities accessing the Website for whatsoever purpose and members of the public or legal entities submitting information, data, images and/or any other material (“Content”) (“users” or “you” or “your”).
2.1 We provide the platform allowing you to consult with various professional service providers such as counselors, life coaches and medical practitioners, among others, (“Service Providers”) using Voice over Internet Protocol (VoIP), to purchase digital content from the Service Providers and participate in forums relating to the services offered by the various Service Providers (the “Services”) by means of our Website.
2.2 We conclude individual written agreements with each Service Provider who will be providing services to you via the Website. The content and format of the consultations between you and any of the Service Providers will be as agreed between you and the relevant Service Provider and we will not influence those services provided to you by the Service Provider in any way, subject to these Terms.
2.3 The content of the consultations, any advice given by the Service Providers and any consequences resulting from such advice will be the responsibility of such Service Provider. Any questions, comments and/or complaints relating to the services which you have received from the Service Provider must be directed to the relevant Service Provider.
2.4 You acknowledge that it is your responsibility to be available at the time scheduled for your consultation with the relevant Service Provider. Should you miss a consultation as a result of an event beyond your control, proof of such event may be submitted to us using the contact details provided in paragraph 18 below and another consultation with the same Service Provider may be scheduled, in our sole discretion.
2.5 If for any reason you wish to reschedule a consultation booked with a Service Provider, you may do so no later than 48 hours prior to such consultation by logging in to the Website.
3.1 As stated in BOLD at the top of these Terms and in paragraph 1 above, by accessing the Website and/or by using the Services (as amended and updated from time to time), you agree to be bound by these Terms. Should you object to any term or condition of these Terms, any guideline, or any subsequent changes thereto or become dissatisfied with us, the Website or the Services, please refrain from accessing or visiting or using the Website and/or the Services for any reason whatsoever and contact us using the contact details provided in paragraph 18 below.
3.2 These Terms may be updated by us at any time in our sole discretion. We may send you notice of changes to the Website or the Terms.
4. PRICE AND PAYMENT
4.1 The prices for the consultations with the various Service Providers will be set out under each Service Provider’s individual profile and may change from time to time. The prices for such consultations may change at any time, but price changes will not affect consultations which we have already confirmed with you.
4.2 Payments for consultations with Service Providers are to be made by means of the Website before a booking for a consultation may be confirmed.
5. CONSUMER PROTECTION LEGISLATION
5.1 If these Terms (or any contract governed by these Terms) or the Services provided and/or made available on the Website are regulated by or subject to the any consumer protection legislation, as may be amended from time to time (“Consumer Protection Legislation”), it is not intended that any provision of these Terms contravene any provision of any Consumer Protection Legislation. Therefore all provisions of these Terms must be treated as being qualified, to the extent necessary, to ensure that the provisions of any Consumer Protection Legislation are complied with.
5.2 No provision of these Terms (or any contract governed by these Terms):
5.2.1 does or purports to limit or exempt us from any liability (including, without limitation, for any loss directly or indirectly attributable to our gross negligence or wilful default or that of any other person acting for or controlled by us) to the extent that the law does not allow such a limitation or exemption;
5.2.2 requires you to assume risk or liability for the kind of liability or loss, to the extent that the law does not allow such an assumption of risk or liability; or
5.2.3 limits or excludes any warranties or obligations which are implied into these Terms (or any contract governed by these Terms) by the Consumer Protection Legislation (to the extent applicable) or which we give under the Consumer Protection Legislation (to the extent applicable), to the extent that the law does not allow them to be limited or excluded.
6. COLLECTION AND PROCESSING OF PERSONAL INFORMATION
7. ACCESSING (BROWSING) THE WEBSITE
7.1 We provide the Services consisting of an electronic platform for Voice over Internet Protocol that allows our users who comply with these Terms to consult with one or more of the Service Providers. Should you decide to engage any of the Service Providers, you will be entering into a contract with the relevant participating Service Provider and not with us. We are not a party to the contract between yourself and the relevant Service Provider/s and have no control over any element of your dealings with a participating Service Provider.
7.2 The Website and Content available through the Website may contain links to other third party websites (“Third Party Websites”), which are completely unrelated to us or our Services. If you link to Third Party Websites, you may be subject to those Third Party Websites’ terms and conditions and other policies.
7.3 We do not permit copyright infringing activities and infringement of intellectual property rights on the Website, and we may, at our sole discretion, remove any infringing Content if properly notified that such Content infringes on another’s intellectual property rights.
8. SUBMITTING CONTENT
8.1 You acknowledge and agree that you are solely responsible for your own Content posted on, transmitted through, or linked from the Services and the consequences of posting, transmitting, linking or publishing it. More specifically, you are solely responsible for all Content that you upload, email or otherwise make available via the Services. In connection with such Content posted on, transmitted through, or linked from the Services by you, you affirm, acknowledge, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to use such Content via the Services and Website (including without limitation all patent, trade mark, trade secret, copyright or other proprietary rights in and to any and all such Content) and authorize us to use such Content to enable inclusion and use of the Content in the manner contemplated by the Services, the Website and these Terms.
8.2 For clarity, you retain all intellectual property rights in and to your Content, however, by submitting the Content to us, you hereby grant to us an irrevocable, non-cancellable, perpetual, worldwide, non-exclusive, royalty-free, sub-licensable, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Website and our (and its successors’) business, including without limitation for the purpose of promoting and redistributing part or all of the Website and Content therein (and derivative works thereof) in any media formats and through any media channels now or hereafter known. These rights are required in order to host and display your Content.
8.3 You expressly agree not to post, email, or otherwise make available Content:
8.3.1 that violates any law;
8.3.2 that is copyrighted or patented, protected by trade secret or trademark, or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission or a license from their rightful owner to post the material and to grant us all of the license rights granted herein;
8.3.3 that infringes any of the foregoing intellectual property rights of any party, or is Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
8.3.4 that is harmful, abusive, unlawful, threatening, harassing, defamatory, pornographic, libelous, invasive of another’s privacy or other rights, or harms or could harm minors in any way;
8.3.5 that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
8.3.6 that violates any employment laws, including but not limited to those prohibiting the stating, in any advertisement for employment, a preference or requirement based on race, color, religion, sex, national origin, age, or disability of the applicant.
8.3.7 that includes personal or identifying information about another person without that person’s explicit consent;
8.3.8 that impersonates any person or entity, including, but not limited to, any of our employees, or falsely states or otherwise misrepresents an affiliation with a person or entity;
8.3.9 that is false, deceptive, misleading, deceitful, or misinformative;
8.3.10 that constitutes or contains “pyramid schemes,” “affiliate marketing,” “link referral code,” “junk mail,” “spam,”
“chain letters,” or unsolicited advertisements of a commercial nature;
8.3.11 that includes links to commercial services or Third Party Websites, except as specifically allowed by us; or
8.3.12 that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
8.4 We reserve the right to remove any Content without prior notice. We may also terminate a user’s access to the Website, if such user is determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had a user submission removed from the Website more than twice. Further, at our sole discretion, we reserve the right to decide whether any Content is appropriate and complies with these Terms for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene, libelous, or defamatory material, or excessive length. We may remove such Content and/or terminate a user’s access for uploading such material in violation of these Terms at any time, without prior notice and at its sole discretion.
9. INTELLECTUAL PROPERTY RIGHTS
9.1 You acknowledge and agree that the materials on the Website, other than the user Content that you licensed under paragraph 8 of the Terms, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Materials”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to us, and are subject to copyright and other intellectual property rights. Materials on the Website are provided to you ‘AS IS’ for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.
9.2 We reserve all rights not expressly granted herein to the Website and the Materials. You agree to not engage in the use, copying, or distribution of any of the Materials other than as expressly permitted herein, including any use, copying, or distribution of Materials of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Materials for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Materials or enforce limitations on use of the Website or the Materials therein.
9.3 Any reproduction, modification, creation of derivative works from or redistribution of the Website, the Materials, or the collective work or compilation is expressly prohibited. Copying or reproducing the Website, the Materials, or any portion thereof to any other server or location for further reproduction or redistribution is expressly prohibited.
9.4 You further agree not to reproduce, duplicate or copy Content or Materials from the Services, and agree to abide by any and all copyright notices and other notices displayed on the Services. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Services. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Services.
10.1 You agree to defend, indemnify us and hold us and our officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from:
10.1.1 your use of and access to the Website and/or the Services;
10.1.2 your violation of any term of these Terms;
10.1.3 your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right; or
10.1.4 any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive termination, modification or expiration of these Terms and your use of the Services and the Website.
11. DEALINGS WITH ORGANIZATIONS AND INDIVIDUALS
11.1 You acknowledge and agree that we shall not be liable for your interactions with any organizations and/or individuals on the Website or through the Services (including, but not limited to your dealings with participating service providers). This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with any interaction you may have with other organizations and/or individuals. These dealings are solely between you and such organizations and/or individuals.
11.2 If there is a dispute between participants on the Website, or between users and any third party, you understand and agree that we are under no obligation to become involved in such dispute. In the event that you have a dispute with one or more other users, you hereby release us, our officers, employees, agents and successors from any and all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our Services.
12. LIMITATION AND TERMINATION OF SERVICES
12.1 You acknowledge and agree that we may establish limits from time to time concerning use of the Services, including among others, the maximum number of days that Content will be maintained or retained by the Services, the maximum size of e-mail messages, or other Content that may be transmitted or stored by the Services, and the frequency with which you may access the Services or the Website.
12.2 You acknowledge and agree that we have no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Website or the Services. We reserve the right at any time to modify or discontinue the Services (or any part thereof) with or without notice and that we shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Services.
12.3 You acknowledge and agree that we, in our sole and absolute discretion, has the right (but not the obligation) to delete or deactivate your account, block your e-mail or IP address, or otherwise terminate your access to or use of the Services (or any part thereof), immediately and without notice, and remove and discard any Content within the Services, for any reason or no reason at all, including, without limitation, if we believe that you have violated these Terms. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Website or the Services. Further, you agree not to attempt to use the Services after any such termination.
13. DISCLAIMER OF WARRANTIES
13.1 YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE WEBSITE AND THE SERVICES IS ENTIRELY AT YOUR OWN RISK AND THAT THE WEBSITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY THIRD PARTY WEBSITES LINKED TO THE WEBSITE AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:
13.1.1 ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;
13.1.2 PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE AND SERVICES;
13.1.3 ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;
13.1.4 ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE;
13.1.5 ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR
13.1.6 ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, COMMUNICATED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR THE SERVICES.
13.2 WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICES ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND/OR OTHER USERS AND/OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICES THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
14. LIMITATIONS OF LIABILITY
IN NO EVENT SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE OR THE SERVICES, FROM INABILITY TO USE THE WEBSITE OR THE SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEBSITE OR THE SERVICES. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR THE SERVICES OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION, OPINIONS OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR THE SERVICES OR ANY LINKS ON THE WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
These Terms, and any rights and licenses granted here under, may not be transferred or assigned by you, but may be assigned by us without restriction. Any assignment or transfer by you shall be null and void.
If any provision or provisions of these Terms is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of the Terms shall not in any way be affected or be impaired.
17. SUCCESSORS AND ASSIGNS
These Terms shall inure to the benefit of and be binding upon each party’s successors and assigns.
18. HOW TO CONTACT US
If you have any questions about these Terms or the Services, please contact firstname.lastname@example.org.