Vehicle Rental
1. Definitions. ‘Agreement’ means all terms and conditions found on both sides of this form, any addenda and additional materials we provide at the time of rental. “You” or “Yours” means the person identified as the renter on the reverse, any person signing this Agreement, any Authorized Driver and any person or organization to whom charges are billed by us at your direction. All persons referred to as ‘you’ or ‘your are jointly and severally bound by this agreement. ‘We’, ‘Our’ or ‘Us’ means the business named on the reverse. ‘Authorized Driver means the renter, the renter’s spouse, the renter’s employer and co-worker if engaged in business activity with the renter while using the Vehicle and is at least age 25, and any additional driver listed by us on this Agreement, provided that each such person has a valid driver’s license. ‘Vehicle’ means the motor vehicle identified in this Agreement and vehicle we substitute for it, all its tires, tools, accessories, equipment, keys and Vehicle documents. ‘CDW’ means Collision Damage Waiver.
2. Rental Indemnity and Warranties. This Agreement is a contract for the rental of the Vehicle. You agree to indemnify us, defend us and hold us harmless from and against all claims, liability, costs and attorney fees we incur resulting from, or arising out of this rental. We make no warranties, express, implied or apparent, regarding the vehicle, no warranty of merchantability and no warranty that the vehicle is fit for a. particular purpose.
3. Condition and Return of Vehicle. You must return the Vehicle to our rental office or other location we specify, on the date and time specified in this Agreement, and in the same condition that you received it, except for ordinary wear. Service to the Vehicle or replacement of parts or accessories during the rental must have our prior approval. You will check and maintain all fluid levels. We may repossess the Vehicle at your expense without notice to you, if the Vehicle is abandoned or used in violation of law or this Agreement.
4. Responsibility for Damage or Loss; Reporting to Police. You are responsible for all physical and mechanical damage to the Vehicle, loss of use, diminished value, missing equipment, and our administrative expenses connected with any damage claim, whether or not you are at fault. You are responsible for loss due to theft of the Vehicle and all damage due to vandalism. Allowing a person who is not an Authorized Driver to use the Vehicle is not an exercise of ordinary care, but a willful, and reckless act and is a breach of this agreement. You must report all accidents involving the Vehicle or theft of the Vehicle and/or vandalism to us within 24 hours of occurrence, and to the police as soon as discovered
5. Collision Damage Waiver. If you accept and pay for CDW upon return of the Vehicle or termination of this Agreement, we will waive our right to collect from you for physical and mechanical damage to, or loss of, the Vehicle. We will not waive this right if damage to the Vehicle results from your: (a) intentional, willful, wanton, or reckless conduct; (b) operation of the Vehicle under the influence of drugs or alcohol In violation of Section 23152 of the California Vehicle Code; (c) towing or pushing anything; (d) operation of the vehicle on an unpaved road if the damage or loss is a direct result of the road or driving conditions; (e) use of the Vehicle for commercial use or hire, or use in connection with conduct-that could be properly charged as a felony; (f) use of the Vehicle in a speed test or contest, or in driver training activity; (g) operation of the Vehicle by a person other than an Authorized Driver; (h) operation of the Vehicle outside the United States; (I) use of the Vehicle after you provided fraudulent information to us, or you provided false information to us and we would not have rented the Vehicle if we had received true information.
6. Insurance. You are responsible for all damage or loss you cause to the rental Vehicle or to others. You agree to provide primary auto liability, collision and comprehensive insurance covering you, us, and the Vehicle. and uninsured or under-insured motorist coverage. Giving the Vehicle to an unauthorized driver terminates our liability insurance, if any. if a liability loss occurs, this’ agreement shall be construed according to the laws of the jurisdiction in which the loss occurred.
7. Charges. You will pay us on demand for all charges due us under this Agreement that are allowed by law, including, but not limited to: (a) time and mileage for the period you keep the Vehicle, or a mileage charge based on our experience if the odometer or its seal is tampered with or disconnected; (b) charges for additional drivers; (c) charges for optional products you elected to purchase from us; (d) fuel, if you return the Vehicle with less fuel than when rented; (e) applicable taxes; (f) loss of, or damage to, the Vehicle, which, includes the cost of repair or the retail cash retail value of the Vehicle on the date of the loss if the Vehicle is not repairable or if we elect to sell the Vehicle without repairing it, plus our administrative fees incurred processing the claim; (g) all fines, penalties, forfeitures, court costs, towing, storage and impound charges, and other expenses involving the Vehicle assessed against us or the vehicle during your rental, unless these expenses are our fault; (h) expenses we incur in locating and recovering the Vehicle if you fail to return it or if we elect to repossess the Vehicle under the terms of this Agreement; (i) costs, including pre- and post-judgment attorney fees, we incur collecting payment from you or otherwise enforcing our rights under this Agreement; (j) a 2% late payment fee (or the highest amount allowed by law, if lower) on all amounts past due; (k) 1% per month interest, or the maximum amount allowed by the laws of the State of California, for monies due us but not paid upon return of the Vehicle; (I) $100, plus $15/mile for every mile between the renting location and the place where the Vehicle is returned or abandoned, plus any additional recovery expenses we incur; and (m) except for a cleaning fee for smoking or pets as described on the front page of the rental agreement a reasonable fee not to exceed $150 to clean the Vehicle if returned substantially less clean than when rented.
8. Deposit. We may use your deposit to pay any amounts owed to us under this Agreement. Your Property. You release us, our agents and employees from all claims for loss of, or damage to, your personal property or that of any other person, that we received, handled or stored, or that was left or carried in or on the Vehicle or in any service vehicle or in our offices, whether or not the loss or damage was caused by our negligence or was otherwise our responsibility.
9. Breach of Agreement. The acts listed in paragraph 5, above, are prohibited uses of the Vehicle and breaches of this Agreement. Allowing a person who is not an Authorized Driver to use the Vehicle is a willful, wanton and reckless act and is a breach of this agreement. You waive all recourse against us for any criminal reports or prosecutions that we take against you that arise out of this Agreement.
10. Modifications. No term of this Agreement can be waived or modified except by a writing that we have signed. To extend the rental period, you must return the Vehicle to our rental office for inspection and a written amendment by us of the due-in date. This Agreement constitutes the entire agreement between you and us. All prior representations and agreements between you and us regarding this rental are void.
11. Miscellaneous. A waiver by us of any breach of this Agreement is not a waiver of any additional breach or waiver of the performance of your obligations under this Agreement. Our acceptance of payment from you or our failure, refusal or neglect to exercise any of our rights under this Agreement does not constitute a waiver of any other provision of this Agreement. Unless prohibited by law, you release us from any liability for consequential, special or punitive damages in connection with this rental or reservation of a vehicle. if any provision of this Agreement is deemed void or unenforceable, the remaining provisions are valid and enforceable.
Yacht rental
- Agreement to Terms
1.1 These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (you), and Miami Lux Ltd., doing business as Miami Lux, located at 151 SE 1st St Miami, FL 33131 USA (we, us), concerning your access to and use this website as well as any related applications (the Site).
The Site provides the following services: miamilux.com provides yacht charter, gulet cruises, cabin charter, yacht vacation services in Miami and the other countries (Services). You agree that by accessing the Site and/or Services, you have read, understood, and agree to be bound by all of these Terms and Conditions.
If you do not agree with all of these Terms and Conditions, then you are prohibited from using the Site and Services and you must discontinue use immediately. We recommend that you print a copy of these Terms and Conditions for future reference.
1.2 The supplemental policies set out in Section 1.7 below, as well as any supplemental terms and condition or documents that may be posted on the Site from time to time, are expressly incorporated by reference.
1.3 We may make changes to these Terms and Conditions at anytime. The updated version of these Terms and Conditions will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. You are responsible for reviewing these Terms and Conditions to stay informed of updates. Your continued use of the Site represents that you have accepted such changes.
1.4 We may update or change the Site from time to time to reflect changes to our products, our users` needs and/or our business priorities.
1.5 Our site is directed to people residing in all around the world. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
1.6 The Site is intended for users who are at least 18 years old. If you are under the age of 18, you are not permitted to register for the Site or use the Services without parental permission.
- Acceptable Use
2.1 You may not access or use the Site for any purpose other than that for which we make the site and our services available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
2.2 As a user of this Site, you agree not to:
Systematically retrieve data or other content from the Site to a compile database or directory without written permission from us
Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users to send unsolicited email or creating user accounts under false pretenses
Use a buying agent or purchasing agent to make purchases on the Site
Use the Site to advertise or sell goods and services
Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any content or enforce limitations on the use
Engage in unauthorized framing of or linking to the Site
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords
Make improper use of our support services, or submit false reports of abuse or misconduct
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools
Interfere with, disrupt, or create an undue burden on the Site or the networks and services connected to the Site
Attempt to impersonate another user or person, or use the username of another user
Sell or otherwise transfer your profile
Use any information obtained from the Site in order to harass, abuse, or harm another person
Use the Site or our content as part of any effort to compete with us or to create a revenue-generating endeavor or commercial enterprise
Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site
Attempt to access any portions of the Site that you are restricted from accessing
Harass, annoy, intimidate, or threaten any of our employees, agents, or other users
Delete the copyright or other proprietary rights notice from any of the content
Copy or adapt the Site`s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party`s uninterrupted use and enjoyment of the Site, or any material that acts as a passive or active information collection or transmission mechanism
Use, launch, or engage in any automated use of the system, such as using scripts to send comments or messages, robots, scrapers, offline readers, or similar data gathering and extraction tools
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site
Use the Site in a manner inconsistent with any applicable laws or regulations
Threaten users with negative feedback or offering services solely to give positive feedback to user
Advertise products or services not intended by us
It is rigidly forbidden to Guletbookers and any related person/company to use, or read or copy any of our web site content, design, template etc which they did lots like in the past.
Falsely implying a relationship with us or another company with whom you do not have a relationship
One more warning about Guletbookers! Please be original! Please be creative! Do not steal. You look really funny.
- Information you provide to us
3.1 You represent and warrant that:
(a) all registration information you submit will be true, accurate, current, and complete and relate to you not a third party;
(b) you will maintain the accuracy of such information and promptly update such information as necessary;
(c) you will keep your password confidential and will be responsible for all use of your password and account;
(d) you have the legal capacity and you agree to comply with these Terms and Conditions; and
(e) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site.
If you know or suspect that anyone other than you knows your user information (such as an identification code or user name) and/or password you must promptly notify us at info@guletyacht.net.
3.2 If you provide any information that is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account. We may remove or change a user name you select if we determine that such user name is inappropriate.
3.3 As part of the functionality of the Site, you may link your account with online accounts you may have with third party service providers (each such account, a Third Party Account) by either:
(a) providing your Third Party Account login information through the Site; or
(b) allowing us to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account.
You represent that you are entitled to disclose your Third Party Account login information to us and/or grant us access to your Third Party Account without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by such third party service providers.
3.4 By granting us access to any Third Party Accounts, you understand that
(a) we may access, make available and store (if applicable) any content that you have provided to and stored in your Third Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists; and
(b) we may submit and receive additional information to your Third Party Account to the extent you are notified when you link your account with the Third Party Account.
Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts may be available on and through your account on the Site. Please note that if a Third Party Account or associated service becomes unavailable or our access to such Third Party Account is terminated by the third party service provider, then Social Network Content may no longer be available on and through the Site.
You will have the ability to disable the connection between your account on the Site and your Third Party Accounts at any time. Please note that your relationship with the third party service providers associated with your third-party accounts is governed solely by your agreement(s) with such third party service providers. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and we are not responsible for any Social Network Content.
You acknowledge and agree that we may access your email address book associated with a Third Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site. At your email request to info@guletyacht.net or through your account settings (if applicable), we will deactivate the connection between the Site and your Third Party Account and attempt to delete any information stored on our servers that was obtained through such Third Party Account, except the username and profile picture that become associated with your account.
- Content you provide to us
4.1 There may be opportunities for you to post content to the Site or send feedback to us (User Content). You understand and agree that your User Content may be viewed by other users on the Site, and that they may be able to see who has posted that User Content.
4.2 You further agree that we can use your User Content for any other purposes whatsoever in perpetuity without payment to you, and combine your User Content with other content for use within the Site and otherwise. We do not have to attribute your User Content to you.
4.3 You warrant that any User Content does comply with our Acceptable Use Policy, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of this warranty.
4.4 We have the right to remove any User Content you put on the Site if, in our opinion, such User Content does not comply with the Acceptable Use Policy.
4.5 We are not responsible and accept no liability for any User Content including any such content that contains incorrect information or is defamatory or loss of User Content. We accept no obligation to screen, edit or monitor any User Content but we reserve the right to remove, screen and/or edit any User Content without notice and at any time. User Content has not been verified or approved by us and the views expressed by other users on the Site do not represent our views or values.
4.6 If you wish to complain about User Content uploaded by other users please contact us at support@miamilux.comt or use the takedown or report button.
- Our content
5.1 Unless otherwise indicated, the Site and Services including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (Our Content) are owned or licensed to us and are protected by copyright and trademark laws.
5.2 Except as expressly provided in these Terms and Conditions, no part of the Site, Services or Our Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
5.3 Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and Our Content and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use.
5.4 You shall not
(a) try to gain unauthorised access to the Site or any networks, servers or computer systems connected to the Site; and/or
(b) make for any purpose including error correction, any modifications, adaptions, additions or enhancements to the Site or Our Content, including the modification of the paper or digital copies you may have downloaded.
5.5 We shall
(a) prepare the Site and Our Content with reasonable skill and care; and
(b) use industry standard virus detection software to try to block the uploading of content to the Site that contains viruses
5.6 The content on the Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Site.
5.7 Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that Our Content on is accurate, complete or up to date.
- Link to third-party content
6.1 The Site may contain links to websites or applications operated by third parties. We do not have any influence or control over any such third party websites or applications or the third party operator. We are not responsible for and do not endorse any third party websites or applications or their availability or content
6.2 We accept no responsibility for adverts contained within the Site. If you agree to purchase goods and/or services from any third party who advertises in the Site, you do so at your own risk. The advertiser, and not us, is responsible for such goods and/or services and if you have any questions or complaints in relation to them, you should contact the advertiser.
- Site Management
7.1 We reserve the right at our sole discretion, to
(1) monitor the Site for breaches of these Terms and Conditions;
(2) take appropriate legal action against anyone in breach of applicable laws or these Terms and Conditions;
(3) refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any of your Contributions;
(4) remove from the Site or otherwise disable all files and content that are excessive in size or are in any way a burden to our systems; and
(5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and Services.
7.2 We do not guarantee that the Site will be secure or free from bugs or viruses.
7.3 You are responsible for configuring your information technology, computer programs and platform to access the Site and you should use your own virus protection software.
- Modifications to and availability of the Site
8.1 We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Services without notice at any time.
8.2 We cannot guarantee the Site and Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or Services during any downtime or discontinuance of the Site or Services.We are not obliged to maintain and support the Site or Services or to supply any corrections, updates, or releases.
8.3 There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Services, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.
- Disclaimer/Limitation of Liability
9.1 The Site and Services are provided on an as-is and as-available basis. You agree that your use of the Site and/or Services will be at your sole risk except as expressly set out in these Terms and Conditions, all warranties, terms, conditions and undertakings, express or implied (including by statute, custom or usage, a course of dealing, or common law) in connection with the Site and Services and your use thereof including, without limitation, the implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement are excluded to the fullest extent permitted by applicable law.
We make no warranties or representations about the accuracy or completeness of the Site`s content are not liable for any
(1) errors or omissions in content:
(2) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored on our server;
(3) any interruption or cessation of transmission to or from the site or services; and/or
(4) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party. We will not be responsible for any delay or failure to comply with our obligations under these Terms and Conditions if such delay or failure is caused by an event beyond our reasonable control.
9.2 Our responsibility for loss or damage suffered by you:
Whether you are a consumer or a business user:
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
If we fail to comply with these Terms and Conditions, we will be responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions, but we would not be responsible for any loss or damage that were not foreseeable at the time you started using the Site/Services.
Notwithstanding anything to the contrary contained in the Disclaimer/Limitation of Liability section, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to a total aggregate amount equal to the greater of
(a) the sum of €1000 or
(b) the amount paid, if any, by you to us for the Services/Site during the six
(6) month period prior to any cause of action arising.
If you are a business user:
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
use of, or inability to use, our Site/Services; or
use of or reliance on any content displayed on our Site.
In particular, we will not be liable for:
loss of profits, sales, business, or revenue;
business interruption;
loss of anticipated savings;
loss of business opportunity, goodwill or reputation; or
any indirect or consequential loss or damage.
If you are a consumer user:
Please note that we only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation.
you have legal rights in relation to goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens` Advice Bureau or Trading Standards office. Nothing in these Terms and Conditions will affect these legal rights.
- Term and Termination
10.1 These Terms and Conditions shall remain in full force and effect while you use the Site or Services or are otherwise a user of the Site, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us at info@guletyacht.net
10.2 Without limiting any other provision of these Terms and Conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site and the Services (including blocking certain IP addresses), to any person for any reason including without limitation for breach of any representation, warranty or covenant contained in these Terms and Conditions or of any applicable law or regulation.
If we determine, in our sole discretion, that your use of the Site/Services is in breach of these Terms and Conditions or of any applicable law or regulation, we may terminate your use or participation in the Site and the Services or delete your profile and any content or information that you posted at any time, without warning, in our sole discretion.
10.3 If we terminate or suspend your account for any reason set out in this Section 9, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
- Mobile Application
11.1 If you access the Services via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this license.
11.2 For business users only – You will not:
(a) reverse engineer, decompile or otherwise try to discover the source code of the software/application unless you have first written to us requesting interoperability information and we have failed to provide you with that information or if we have failed to offer to provide you with interoperability information on reasonable conditions”;
(b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the application;
(c) breach any applicable laws, rules or regulations in connection with your access or use of the application;
(d) remove, alter or obscure any proprietary notice (including any notice of copyright or trade mark) posted by us or the licensors of the application;
(e) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;
(f) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time;
(g) use the application for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for the application;
(h) use the application to send automated queries to any website or to send any unsolicited commercial e-mail: or
(i) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the application.
11.3 The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an App Distributor) to access the Services:
(a) the licence granted to you for our mobile application is limited to a non-transferable licence to use the application on a device that utilizes the Apple iOS or Android operating system, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor terms of service;
(b) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in these Terms and Conditions or as otherwise required under applicable law. You acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application;
(c) In the event of any failure of the mobile application to conform to any applicable warranty, you may notify an App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, an App Distributor will have no other warranty obligation whatsoever with respect to the mobile application;
(d) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. government list of prohibited or restricted parties;
(e) you must comply with applicable third party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in breach of their wireless data service agreement when using the mobile application; and
(f) you acknowledge and agree that the App Distributors are third party beneficiaries of these Terms and Conditions and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against you as a third party beneficiary thereof.
- General
12.1 Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.
You hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed by us or via the Site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
12.2 These Terms and Conditions and any policies or operating rules posted by us on the Site or in respect to the Services constitute the entire agreement and understanding between you and us.
12.3 Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.
12.4 We may assign any or all of our rights and obligations to others at any time.
12.5 We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control.
12.6 If any provision or part of a provision of these Terms and Conditions is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.
12.7 There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Site or Services.
