Terms and Conditions of Service

OVERVIEW

This website is operated by EM Lifestyle Ltd (Company Number: 15168985). The terms “we” and “our” within the site refer to EM Lifestyle Ltd. EM Lifestyle Ltd offers you this website and all the information, tools and services available on it on the condition that you, as the user, accept all the terms, conditions, notices and warnings stated here.

By visiting our site and/or purchasing something from us, you use our “Service” and agree to be bound by the following terms and conditions (“Terms and Conditions of Service”, “Terms”), which include the additional terms, conditions and disclosures referenced herein and/or available via hyperlink. These Terms and Conditions of Service apply to all users of the site, including but not limited to visitors, suppliers, customers, merchants and/or authors of comments and other content.

Please read these Terms and Conditions of Service carefully before accessing or using our website. By accessing or using any part of the website, you agree to be bound by these Terms and Conditions of Service. If you do not agree to these Terms and Conditions in full, you may not access the website or use its services. If these Terms and Conditions of Service are considered a proposal, acceptance is expressly limited to these Terms.

Any new features and tools added to our website will also be subject to the Terms and Conditions of Service. You can review the most recent version of the Terms and Conditions of Service at any time on this page. We reserve the right to update, modify or replace any part of the Terms and Conditions of Service by posting updates and/or changes on our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website after any changes are posted will constitute your acceptance of those changes.

SECTION 1 - TERMS AND CONDITIONS OF THE WEBSITE

By accepting these Terms and Conditions of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and have authorised us to allow any minor under your responsibility to use this site.

You may not use our services for illegal or unauthorised purposes nor may you, in using the Service, violate any laws in your jurisdiction (including without limitation copyright laws).

You are not allowed to spread worms, viruses or other types of malicious code.

 

Violation of any provision of the Terms will result in immediate termination of your right to use the Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to deny service to anyone for any reason at any time.

 

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, or use of the Service, access to the Service, or any contact on the website through which the Service is provided without expressed written permission from us.

The headings used in this Agreement are included for convenience only and shall not limit or affect these Terms in any way.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We shall not be liable if the information made available on this site is not accurate, complete or up-to-date. The materials on this site are intended as a guide only and should not be relied upon or used as the sole basis for making decisions without consulting more authoritative, accurate, complete or current sources of information. By relying on the information on this site you assume the risk.

This site may contain some historical information. Historical information is necessarily not current and is provided for reference only. We reserve the right to change the content of this site at any time, but we are under no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - OPTIONAL INSTRUMENTS

We may provide you with access to third-party tools that we do not monitor and over which we have no control or management.

 

You acknowledge and agree that we provide access to such tools on an “as is” and “as available” basis, without any warranties, representations, conditions or endorsements of any kind. We shall have no liability arising out of or relating to your use of any optional third-party tools.

Any use by you of the optional tools offered through the site will be entirely at your own risk and discretion. It is up to you to ensure that you are familiar with and agree to the terms and conditions to which the third-party tools are subject.

In the future we may also offer new services and/or features through the website (e.g. by introducing new tools and resources). Such new features and/or services will also be subject to these Terms and Conditions of Service.

SECTION 5 - THIRD-PARTY LINKS

Some content and services available through our Service may include third-party material.

Third-party links on this site may direct you to external websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of such websites. We make no warranties about, and have no responsibility or liability for, any third-party materials or websites, or for any other materials, products, or services of third parties.

We will not be liable for any damages in connection with the purchase or use of goods, services, resources, content, or any other transactions made through third-party websites. Please review the policies and procedures of third parties carefully and make sure you understand them before entering into any transaction. Complaints, requests, concerns and questions about third party products should be directed to the relevant third party.

SECTION 6 - COMMENTS, FEEDBACK AND OTHER MATERIALS SUBMITTED

If you submit to us online, by email, regular mail or otherwise certain materials (collectively referred to as “comments”) – for example, at our request, entries for contests, or without our request, creative ideas, suggestions, proposals, plans or other materials – you agree that we may at any time and without limitation edit, copy, publish, distribute, translate or otherwise use in any manner and by any means the comments you transmit to us. We do not and will not have any obligation to (1) keep comments confidential; (2) pay compensation for comments; or (3) respond to comments.

We may (without being under any obligation to do so) monitor, edit and remove content that we in our sole discretion deem to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or content that violates any party’s intellectual property or these Terms of Service.

You agree to avoid comments that infringe upon the rights of third parties, including copyrights, trademarks, privacy rights, personality rights, and other real or personal rights. You also agree not to post comments that contain defamatory or otherwise unlawful, offensive or obscene material, or computer viruses or other malware that may disrupt the operation of the service or any related websites. You may not use a false email address, pretend to be someone else, or otherwise mislead us or any third party as to the origin of any comments. You are solely responsible for the comments you submit and their accuracy. We do not and will not take any responsibility for any comments posted by you or any third party.

SECTION 7 - PERSONAL INFORMATION

The submission of personal information through the provision of services is governed by our Privacy Policy. Click here to view our Privacy Policy.

SECTION 8 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our website or in the service that contains typographical errors, inaccuracies and omissions. We reserve the right to correct any errors, inaccuracies and omissions by amending and updating the information, if any information in the service or on a related website is inaccurate, at any time and without notice.

We assume no obligation to update, correct or clarify any information in the Service or any related website, except as required by law. No update date specified in the Service or any related website shall be construed as a guarantee that all information in the service or any related website has been corrected and updated.

SECTION 9 - PROHIBITED USES

In addition to the other prohibitions set out in the Terms and Conditions of Service, it is prohibited to use the site or its content:

(a) for unlawful purposes; (b) to induce others to commit or participate in unlawful acts; (c) to violate international, federal, provincial or state laws and regulations, or local ordinances; (d) to infringe or violate our or any third party’s intellectual property rights (e) to harass, abuse, insult, harm, defame, slander, denigrate, intimidate or discriminate against anyone on the basis of gender, sexual orientation, religion, ethnicity, age, country of origin or disability; (f) to provide false or misleading information;

(g) to upload or transmit viruses or any other harmful code capable of affecting the functionality or operation of the Service, any related websites, other websites or the Internet; (h) to harvest or monitor the personal information of others (i) for spamming, phishing, pharming, pretexting, spidering, crawling or scraping; (j) for any obscene or immoral purpose; or (k) to disrupt or circumvent the security features of the Service or any related websites, other websites or the internet. We reserve the right to terminate your use of the Service or any related website if you violate any of the Prohibited Uses provisions.

SECTION 10 - EXCLUSION OF WARRANTIES; LIMITATION OF LIABILITY

We do not warrant, represent or warrant that the use of our service will be uninterrupted, timely, secure or error-free.

We do not guarantee that the results achievable by using the service are accurate or reliable.

Please note that we may occasionally suspend the service for indefinite periods of time, or cancel the service at any time without giving you prior notice.

You expressly agree that your use and inability to use the service is at your sole risk. The service provided is (except as expressly stated by us) offered on an “as is” and “as available” basis for your use, without any representations, warranties or conditions of any kind, either expressed or implied, including, but not limited to, implied warranties or conditions of merchantability, merchantable quality, eligibility for a particular purpose, durability, title and non-infringement.

In no event shall EM Lifestyle Ltd and its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any direct, indirect, incidental, punitive, special or consequential loss, claim or damage of any kind arising out of the use of any of the services, nor for any other claim relating in any way to the use of the service, including, but not limited to, any errors or omissions in any content, loss or damage of any kind related to the use of the service or any content posted, transmitted, or otherwise made available through the service, even if advised of the possibility thereof.

Since some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions our liability shall be limited to the maximum extent permitted by law.

SECTION 11 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless EM Lifestyle Ltd and its parent, subsidiary and affiliated companies, and its partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms and Conditions of Service or the documents incorporated by reference herein, or your violation of any law or the rights of a third party.

SECTION 12 - SEVERABILITY

In the event that any provision of these Terms and Conditions of Service is held to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law and the unenforceable portion shall be deemed severed from these Terms and Conditions of Service, without prejudice to the validity and enforceability of the remaining provisions.

SECTION 13 - TERMINATION

The obligations and responsibilities assumed by the parties prior to the termination date shall survive for all purposes upon termination of this agreement.

These Terms and Conditions of Service shall be effective until terminated by you or us. You may terminate these Terms of Service at any time by informing us that you no longer wish to use our Services, or by discontinuing your use of our site.

 

In addition, if in our sole discretion you violate or we suspect that you have violated any provision of these Terms and Conditions of Service, we may terminate this Agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination and we may deny you access to the Services (or any part thereof).

SECTION 14 - ENTIRE AGREEMENT

Failure to exercise or enforce any right or provision of these Terms and Conditions of Service shall not constitute a waiver of such right or provision.

These Terms and Conditions of Service and any notices or operating rules published by us on this site or in connection with the service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, without limitation, any prior versions of the Terms and Conditions of Service).

Any ambiguities in the interpretation of these Terms and Conditions of Service shall not be construed against the writing party.

SECTION 15 - APPLICABLE LAW

These Terms and Conditions of Service and any separate agreements under which we provide you Services shall be governed by and construed in accordance with applicable local laws relating to the sale, purchase, provision of services and consumer protection.

SECTION 16 - CHANGES TO THE TERMS AND CONDITIONS OF SERVICE

You can consult the latest version of the Terms and Conditions of Service at any time on this page.

We reserve the right in our sole discretion to update, modify or replace any part of these Terms and Conditions of Service by posting updates and modifications on our website. It is your responsibility to periodically check our website for changes. Your continued use of or access to the website or the Service following the posting of any changes to these Terms and Conditions of Service constitutes acceptance of those changes.

SECTION 17 - CONTACTS

Any questions concerning the Terms and Conditions of Service should be sent to us at hello@modie.co.