Terms and Conditions
Website terms and conditions of sale via website
Summary of some of your key rights:
Please read the following important terms and conditions before you buy anything on our website and check that they contain everything which you want and nothing that you are not willing to agree to.
These Terms of Use, and any documents referred to herein, set out the terms and conditions on which you are permitted to use our website, https:\www.peakwellness.online (our website). By using our website, you agree to be bound by, and to comply with, these Terms of Use.
These Terms of Use are effective from 01 December 2021. You can also access our Privacy Policy via https:\www.peakwellness.online/privaceypolicy
By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134 says that we must give you certain key information before a legally binding contract between you and us is made (see below). We will give you this information in a clear and understandable way. Some of this information is likely to be obvious from the context. Some of this information is also set out in this contract, such as information on our complaint handling policy.
Right to cancel – services
The Consumer Contracts Regulations 2013 say that in most cases, you can cancel within 14 days, however due to the nature our service clients are required to inform the Peak Wellness 24 hours before the appointment if they wish to cancel or reschedule their appointment. If you agree the service will start within this time you may be charged for what you’ve used.
Your Consumer Rights – services
The Consumer Rights Act 2015 says that:
- You can ask us to repeat or fix the service if it’s not carried out with reasonable care and skill or get some money back if we can’t fix it.
- If a price hasn’t been agreed upfront, what you’re asked to pay is the published price for the services you received during your appointment at the Centre
- If a time hasn’t been agreed upfront, it must be carried out within a reasonable time.
This is a summary of some of your key rights.
The information in this summary box summarises some of your key rights. It is not intended to replace the contract below which you should read carefully.
This contract sets out:
- Your legal rights and responsibilities.
- Our legal rights and responsibilities.
- Certain key information required by law.
In this contract:
- We, us, our or Centre
means Peak Wellness
References to us in these Terms also includes any group companies which we may have from time to time. - Our site or our website
refers to any site on which these terms and conditions are displayed, including, but not limited to the following websites:
www.peakwellness.online - You or your
means the person accessing or using our site to make purchases from us.
If you don’t understand any of this contract and want to talk to us about it, please contact us by:
- e-mail: [email protected], or
- telephone: 0832729019
Please note, calls will be answered at the following times only:
Monday-Friday 8am-4pm
We may record calls for quality and training purposes.
Who we are
We are a company registered in South Africa with company registration number 2021/856326/07 and our registered office is at:
95 Circle Road, Table View, Cape Town, 7441
The details of this contract will not be filed by us with any relevant authority.
Terms and Conditions of Sale
- Introduction
1.1 These terms and conditions apply to any sale of services on our site. If you buy services on our site you agree to be legally bound by this contract and the terms and conditions contained herein.
1.2 This contract is only available in English. No other languages are available for this contract.
1.3 When buying any services on our site you also agree to be bound by:
(a) our terms and conditions of use and any documents referred to therein
All these documents form part of this contract as though set out in full here. - Information we give you
2.1 By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made. If you want to see this key information, please contact us using the contact details at the top of this page
2.2 The key information we give you by law forms part of this contract (as it is set out in full here).
3. If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it. - Ordering from us
3.1 Here we set out how a legally binding contract between you and us is made.
3.2 You place an order on our site by doing the following:
Click on the Book An Appointment button or similar button and follow the instruction.
3.3 Please read and check your order carefully before submitting it. However, if you need to correct any errors you can do so before submitting it to us.
Please contact the Centre directly on 0832729019 if you would like to make any changes to your booking.
3.4 When you place your order at the end of the online checkout process (eg when you confirm payment), we will acknowledge it by Email. This acknowledgement does not, however, mean that your order has been accepted.
3.5 We may contact you to say that we do not accept your order. This is typically for the following reasons:
(a) the services are unavailable;
(b) we cannot authorise your payment;
(c) you are not allowed to buy the services from us;
(d) we are not allowed to sell the services to you;
(e) you have booked an incorrect appointment ; or
(f) there has been a mistake on the pricing or description of the services.
3.6 We will only accept your order when we send you an Email to confirm this (Confirmation Email ). At this point:
(a) a legally binding contract will be in place between you and us; and
(b) your order will be fulfilled
3.7 If you are under the age of 18 you may not buy any services from our site. However, in some cases you may not be able to buy certain services because you are too young. If so this will be set out on the relevant webpage for the services concerned. - Right to cancel this contract – Non-business customers
4.1 If you are buying from our site for business purposes, this section does not apply. Instead, please see the section below entitled “Right to cancel this contract – business customers”.
4.2 If you are buying services from our site for non-business purposes, you have the right to cancel this contract 24 hours prior to the appointment without giving any reason.
4.3 However, this right to cancel will not apply to any of the following situations:
A) IF YOU BOOKED YOUR APPOINTMENT IN LESS THAN 24 HOURS FROM THE TIME OF THE APPOINTMENT
B) IF YOU HAD TO ATTEND AN ACCIDENT AND EMERGENCY DEPARTMENT
C) FOR PREGNANCY RELATED APPOINTMENTS IF YOU ARE IN LABOUR AND/OR HAVE GIVEN BIRTH ON THE DAY OF YOUR SCHEDULED APPOINTMENT
We require 24 hours’ notice to cancel or reschedule your appointment. Deposit may be forfeited if we do not receive your request. You can send your cancellation request to [email protected] or contact the Centre on 0832729019
4.4 To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (eg a letter sent by post, fax or email). You can use the model cancellation form set out in the box below, but it is not obligatory.
Cancellation form
To:
Peak Wellness 95 Cirlce Road, Table View, Cape Town 7441, or via email: [email protected]
I/We* hereby give notice that I/We* cancel my/our* appointment which is booked online of the following service *,
Ordered on */received on *,
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date
* Delete as appropriate
4.5 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. - Payment and right to cancel if performance of services requested to commence before expiry of 24 hours cancellation period
5.1 If you request us to begin the performance of services during the 24 hours cancellation period referred to above in the clause entitled “Right to cancel this contract – Non-business customers”, you shall pay us an amount which is in proportion to what has been performed until the date when you have communicated to us your cancellation of this contract, in comparison with the full coverage of the contract.
5.2 You will lose the right to cancel this contract if the services have been fully performed at your express request within the cancellation period (in which case we will ask you to confirm that you understand you will lose your right to cancel). - Effects of cancellation – Non-business customers
6.1 If you cancel this contract (in accordance with the section above entitled ‘right to cancel this contract – non-business customers’), we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
6.2 We may make a deduction from the reimbursement for loss in value of any services supplied, if the loss is the result of unnecessary handling by you.
6.3 We will make the reimbursement without undue delay, and not later than:
(i) 5 days after the day on which we are informed about your decision to cancel this contract (if no services were supplied ).
6.4 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. - Performance of Services
7.1 Where possible we will offer the opportunity to confirm the time and date for performance of services purchased during the confirmation process and prior to the purchase of the services.
7.2 In other cases we may offer you with the opportunity to book the time and date for performance of services following the purchase of those services.
7.3 In all cases we will seek to perform the services purchased within a reasonable time and without causing you significant inconvenience.
7.4 Please note that where performance is requested or confirmed to commence within 14 days of purchase the above clause entitled “Payment and right to cancel if performance of services requested to commence before expiry of 24 hours cancellation period” will be applicable.”
7.5 If you have any questions as regards the time or date for performance of purchased services please contact us immediately. - Payment
8.1 We accept the following means of payment:
Paypal
8.2 We will do all that we reasonably can to ensure that all of the information you give us when paying for services is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.
8.3 Your credit card or debit card will only be charged when you confirm your order.
8.4 All payments by credit card or debit card need to be authorised by the relevant card issuer. From time to time we may also use extra security steps via Verified by Visa, Mastercard® SecureCodeTM or equivalent services.
8.5 If your payment is not received by us and you have already received the service, you:
(i) must pay for such service upon the receipt of invoice
8.6 Nothing in this clause affects your legal rights to cancel the contract during any applicable ‘cooling off’ period detailed under the Clauses entitled ‘Right to Cancel this Contract – Non-business customers’ and ‘Effects of Cancellation – Non-business customers’ above.
8.7 The price of the services is in South African Rand (R)(ZAR). - Nature of services
9.1 The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’), for example, that any services purchased are performed by us with reasonable care and skill.
9.2 We must provide you with services that comply with your legal rights.
9.3 When we supply services:
9.4 we will use all reasonable care and skill in the performance of those services
9.5 where the price is not agreed beforehand we will provide the service for a reasonable price; and
9.6 we will perform the services within a reasonable time. - End of the contract
10.1 If this contract is ended it will not affect our right to receive any money which you owe to us under this contract. - Limit on our responsibility to non-business customers
11.1 The provisions of this section shall apply to purchases made for non-business purposes only.
11.2 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), in the case of purchases made for non-business purposes, we are not legally responsible for:
(a) losses that:
(i) were not foreseeable to you and us when the contract was formed; or
(ii) that were not caused by any breach on our part;
(b) business losses; and
(c) losses to non-consumers. - Indemnity and insurance
12.1 You shall indemnify us, and keep us indemnified, from and against any losses, damages, liability, costs (including legal fees) and expenses incurred by us as a result of or in connection with your breach of any of your obligations under this contract.
12.2 You shall have in place contracts of insurance with reputable insurers incorporated in South Africa to cover your obligations under this contract. On request, you shall supply so far as is reasonable evidence of the maintenance of the insurance and all of its terms from time to time applicable. - Limitation of liability
13.1 The extent of the parties’ liability under or in connection with this Contract (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) shall be as set out in this clause.
13.2 Subject to sub-clauses below (entitled ‘Exceptions’), we shall not be liable for any of the following (whether direct or indirect):
(i) loss of profit;
(ii) loss or corruption of data;
(iii) loss of use;
(iv) loss of production;
(v) loss of contract;
(vi) loss of opportunity;
(vii) loss of savings, discount or rebate (whether actual or anticipated);
(viii) harm to reputation or loss of goodwill.
Exceptions
13.3 The limitations of liability set out above shall not apply in respect of any indemnities given by either party under this Contract.
13.4 Notwithstanding any other provision of this Contract, the liability of the parties shall not be limited in any way in respect of the following:
(i) death or personal injury caused by negligence;
(ii) fraud or fraudulent misrepresentation;
(iii) any other losses which cannot be excluded or limited by applicable law;
(iv) any losses caused by wilful misconduct. - Rights of third parties
14.1 No one other than a party to these Terms has any right to enforce any of these Terms. - Disputes
15.1 We will try to resolve any disputes with you quickly and efficiently.
15.2 If you are unhappy with:
(i) the services ;
(ii) our service to you; or
(iii) any other matter;
please contact us as soon as possible.
If you and we cannot resolve a dispute using our complaint handling procedure, we will:
(a) let you know that we cannot settle the dispute with you; and
(b) consider the need for Alternative Dispute Resolution and, if considered necessary, provide you with information about any alternative dispute resolution provider we deem appropriate to deal with your complaint.
(c) provide you with information about our Regulators and their complaints and/or Alternative Dispute Resolution services.
15.3 If you want to take court proceedings, the relevant courts of Cape Town, South Africa will have exclusive jurisdiction in relation to these Terms.
15.4 The laws of South Africa will apply to these Terms. - Your responsibility for others who access our website using your device or internet connection
You must ensure that any persons who access our website on your computer(s) or device(s), or who are permitted or able to access our website on your computer(s) or device(s), or who use your internet connection, are aware of these Terms of Use and all other documentation referred to in them, and that such persons also agree to be bound by and to comply with these Terms of Use. If for any reason whatsoever, such persons do not agree to these Terms of Use or do not wish to be bound by them, they must not access or use our website, and you must not permit them to do so. - Other documents governing your use of our website
– In addition to these Terms of Use, your use of our website is also governed by the following documents:
– Our privacy policy, which is available at https://www.peakwellness.online/privacy-policy.
– Our privacy policy governs our use of your information. It sets out the types of information we collect, the reasons we collect it, how we use it, where we may pass it on to any third parties, in what circumstances and for what reasons, and any other relevant information relating to our use and/or processing of your information and your rights in relation to your information.
– Our cookies policy, which is available at https://www.peakwellness.online/cookies-policy. Our cookies policy governs our use of cookies and similar technologies on our website. It sets out the types of cookies we use, the purposes for which we use them, the circumstances in which we may place cookies on your computer, device or browser, and other relevant information relating to cookies, such as how to change your browser preferences and settings to accept or reject cookies.
– By accessing and using our website, you agree to be bound by the terms and conditions contained in these Terms of Use, you acknowledge that we will process your information in accordance with our privacy policy, and our use of cookies and similar technologies in accordance with our cookies policy.
– If you do not agree to the terms set out in these Terms of Use, or if you do not wish for us to process your personal information in accordance with our privacy policy, or if you do not agree to our use of cookies or other similar information-gathering technologies in accordance with our cookies policy, you must not use our website. - Availability of our website
– We make no representations and provide no warranties that:
– the website will be made available at any specific time or from any specific geographical location;
– your access to the website will be continuous or uninterrupted; or
– the website will be accessible or optimised on all browsers, computers, tablets, phones or viewing platforms.
– We reserve the right to suspend access to all or part of the website for any reason, including for business or operational reasons, such as improving the appearance or functionality of the website, content updates, periodic maintenance, or to resolve any issues that we become aware of. Wherever we anticipate that we need to suspend access to the website for a considerable period of time, we will try to provide you with prior notice where reasonably practicable.
– Our website is provided for users in South Africa only. Although it may be possible to access the website from other countries, we make no representation that our website is compliant with any legal requirements in force in any jurisdiction other than South Africa, or that the content available on the website will be appropriate for users in other countries or states. - Changes we may make to these Terms of Use and other documentation
– We reserve the right to update these Terms of Use, our privacy policy, our cookies policy and any other documentation referred to in any of these documents from time to time. We may change our Terms of Use and other documentation for any reason, including:
– to reflect any changes in the way we carry out our business;
– to account for any changes we make to our website, including, without limitation, any new features or functionality we provide, any adjustments to the means by which we provide notices to you, or any changes in the content, purpose or availability of the website;
– to accurately describe our current data-processing activities so that you are kept up to date with our latest practices;
– to inform you of any changes in the way that we use cookies or similar information-gathering technologies; or
– to ensure that our documentation complies and remains compliant with any and all current and future applicable laws, regulations and official guidance.
– If required by law, we will provide you with notice of any changes in these Terms of Use or the other documentation referred to in them by posting a notice on the website and/or by posting an updated version of these Terms of Use or other such documentation on our website with a new effective date stated at the beginning of them.
– By continuing to access our website after we have updated our Terms of Use you agree to be bound by those updated versions. You also acknowledge that by continuing to access our website after we have updated our privacy policy and/or our cookies policy, that the practices set out in those updated policies will apply to our handling of your information and our use of cookies or similar information gathering technologies.
– You must check these Terms of Use and all other documentation referred to in them each time you access our website in order to ensure that you are aware of the terms that apply to you at that time.
– The date that these Terms of Use and/or any other documents (including our privacy policy and cookies policy) were last amended is set out at the top of that document and is referred to as that document’s “effective date”. - Ownership of material on our website
– All trade marks, service marks, trade names, logos, copyright and other intellectual property rights in our website and its content are either owned by us or licensed to us. All such rights are protected by intellectual property laws around the world, and all rights are reserved. Any use of the website and its contents, other than as specifically authorised herein, is strictly prohibited. Any rights not expressly granted herein are reserved by us.
– The trade marks, service marks, trade names, logos and other branding owned by third parties and used or displayed on or via our website (collectively, “Third Party Mark(s)”) may be trade marks of their respective owners, who may or may not endorse or be affiliated with or connected with us. Except as expressly provided in these Terms of Use, or in terms provided by the owner of a Third Party Mark, nothing in these Terms of Use or on or via the website should be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any of our or any Third Party Marks that are used or displayed on the website, without the respective owner’s prior written permission, in each instance. All goodwill generated from the use of our trade marks will benefit us exclusively. - Information and content on our website provided on non-reliance basis
– Our website is made available to you in order to provide you with general information about us, our business, and any products or services that we offer from time to time. We do not make our website available for any other purposes, except as expressly provided in these Terms of Use.
– The content on our website is not intended to be construed as advice. You must not rely on any of the content of our website for any purposes whatsoever, and you must seek your own independent professional advice before deciding to take any course of action on the basis, whether in whole or in part, of any of the content available on our website at any time.
– We make no representations and provide no warranties whatsoever, whether express or implied, that any of the content or materials available on our website from time to time are accurate, up to date or complete.
- Permitted use of materials on our website
– The content on our website is provided for your personal, private and non-commercial use only. You may print or share the content from our website for lawful personal, private and non-commercial purposes, and you may also make others within your organisation aware of the content on our website. You may not otherwise extract, reproduce or distribute the content of our website without our prior written consent.
– Whenever you print, download, share or pass on content from our website to others, you must not make any additions or deletions or otherwise modify any text from our website, you must not alter or change any images, media or graphics from our website in any way, you may not remove any accompanying text from such images, media or graphics, and you must ensure that all content passed on to any third party is an accurate representation of the content as it appears on our website.
– You are prohibited from using any robots, spiders, data mining or scraping technology or any similar third party tools for the extraction or reproduction of any data or content from our website without our prior written consent.
– Whenever you pass on any content or materials from our website to anyone, you must acknowledge us as the authors of such content or materials (or any other authors wherever credited by us) at the time when you pass on such content or materials. - Prohibited uses of our website
– You must not reproduce, duplicate, copy or resell any part of our website or any content from our website, save and except to the extent expressly permitted in these Terms of Use.
– You must not, without our prior written consent, access, interfere with, damage or disrupt in any way our website or any part of it, our systems, any of our hardware or equipment or any networks on which our website is hosted, any software that we use to create or modify the website or to make the website available to you, or any hardware, equipment, network, server, software or technology owned or operated by us or any third party.
– You must use our website for lawful purposes only and in accordance with these Terms of Use. You must not use our website:
– for any purpose that is unlawful or that in any way breaches any applicable laws or regulations, whether local, national or international;
– for any fraudulent purposes whatsoever;
– to conduct any unsolicited or unauthorised advertising or direct or indirect marketing to anyone by any means, or to otherwise spam, communicate with or market to anyone any goods, services or business not authorised by us;
– to upload, host or transmit any viruses, malware, adware, spyware, worms, Trojan horses, keystroke loggers, spyware, logic bombs, time bombs or any other harmful programs or code which could adversely affect the use or operation of the website, our hardware or systems, or the computers, tablets, phones or other devices of any users or other third parties, or to upload any content or materials containing any such content;
– to communicate with, harm or attempt to harm children in any way; or
in any way or for any purpose that breaches these Terms of Use or the terms of any of the documents these Terms of Use refer to.
– You must not submit any information about you to us if you are under the age of 18, or about any other person who is either:
– under the age of 18; or
– if they are aged 18 or above, where you have not received their
– You must not submit to us any information which is considered ‘sensitive personal information’. ‘Sensitive personal information’ is information about you or any other person which reveals your or their racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership or which is genetic data, biometric data, information which concerns your or their health, sex life or sexual orientation.
– If you accidentally or intentionally submit such information to us, you will be considered to have consented to our processing of that information on the basis of Article 9(2)(a) of the General Data Protection Regulation (Regulation (EU) 2016/769). - Viruses and other harmful content
– We do not guarantee that our website does not contain viruses or other malicious software.
– We shall not be responsible for any bugs or viruses on our website, or any software that might be transferred to your computer from our website, or any consequences which the presence or operation of such programs may have.
– You must ensure that you have in place up-to-date and effective anti-virus protection on your computer or other browsing device.
– You must not upload or otherwise introduce to our website any viruses, malware, spyware, adware, Trojan horses, worms, logic bombs, time bombs, keystroke loggers or any other programs or code that is harmful or malicious.
– You must not use any third parties, software or technology to attempt to gain unauthorised access to our website, our servers, systems, hardware, software or data.
– You must not attempt to perform any denial of service type attack on our website.
– You must not perform any action which would contravene the Computer Misuse Act 1990.
– We may report any breach or suspected breach of this clause 11 (Viruses and other harmful content) to the relevant authorities and may disclose your identity. - Links to other websites
– Links to third party content or websites may appear on our website from time to time. We are not responsible for the content of any websites accessible via any link(s) on our website. All content on third party websites is outside of our control, and we do not represent or warrant that such content is related to us or our website, suitable or appropriate for use or viewing, lawful or accurate.
– Any third-party website accessible via a link on our website may collect and process your information. We are not responsible for any data-processing activities carried out by any third-party website which is linked to from our website, and we disclaim any and all liability in respect of the same. You should check the privacy policy of any such third party to establish how they may use your information before you decide to use their website and its features. - Links to our website
– You may not link to our website without our prior written consent.
– Where you have obtained our consent to link to our website:
– you may provide links to our website on other websites owned by you, provided that such websites and the use of any links to our website comply with these Terms of Use;
– wherever you post a link to our website on any other website, you agree that you will do so in an appropriate manner, and not in any way which is defamatory or disparaging towards us, which misrepresents us or our business, or which causes any harm whatsoever to us or our business; and
– you must not link to our website in order to suggest any form of joint venture, partnership, collaboration, affiliation, business relationship, approval or endorsement in connection with us where none exists and, in any event, without having first obtained our prior written consent.
– We may withdraw permission to link to our website at any time. In the event that we withdraw permission to link to our website and inform you of the same, you must immediately remove or cause to be removed any links to our website
DISCLAIMERS
THE WEBSITE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO:
– THE SERVICE;
– THE WEBSITE CONTENT;
– USER CONTENT; OR
– SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO THE WEBSITE.IN ADDITION, WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
– WE DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT YOUR USE OF THE WEBSITE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND WE SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.
– BY ACCESSING OR USING THE WEBSITE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
– WE DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ACTION OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.