I. Acceptance of terms

Thank you for using E-wand. These Terms of Service (the “Terms”) are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the E-wand website at www.e-wand.paris (the “Site”) and any related mobile or software applications (“E-wand Platform”) including but not limited to the delivery of information via the website (collectively, the “Services”).

These Terms are effective for all existing and future E-wand users,

Please read these Terms carefully. By accessing or using the E-wand Platform, you are agreeing to these Terms and concluding a legally binding contract with E-wand Ltd. and/or its affiliates (“E-wand”). You may not use the Services if you do not accept the Terms or are unable to be bound by the Terms.

In order to use the Services, you must first agree to the Terms. You can accept the Terms by:

Clicking to accept or agree to the Terms, where it is made available to you by E-wand in the user interface for any particular Service; or

Actually using the Services. In this case, you understand and agree that E-wand will treat your use of the Services as acceptance of the Terms from that point onwards.

II. Definitions

User

“User” or “You” or “Your” refers to you, as a user of the Services. A user is someone who accesses or uses the Services for the purpose of transacting, or uploading information including without limitation a user having access to ‘business page’.

Content

“Content” will include (but is not limited to) location data, nearby places, and all other forms of information or data. “Your content” or “User Content” means content that you upload, share or transmit to, through or in connection with the Services, such as profile information, and any other materials that you publicly display or displayed in your account profile. “E-wand Content” means content that E-wand creates and makes available in connection with the Services including, but not limited to, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate ratings, reports and other usage-related data in connection with activities associated with your account and all other elements and components of the Services excluding Your Content and Third Party Content. “Third Party Content” means content that comes from parties other than E-wand or its users and is available on the Services.

Businesses

“Businesses” means the companies listed on E-wand.

III. Eligibility to use the services

You hereby represent and warrant that you are fully able and competent to understand and agree to the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms.

Compliance with Laws. You are in compliance with all laws and regulations in the country in which you live when you access and use the Services. You agree to use the Services only in compliance with these Terms and applicable law, and in a manner that does not violate our legal rights or those of any third party(ies).

IV. Changes to the terms

E-wand may vary or amend or change or update these Terms, from time to time entirely at its own discretion. You shall be responsible for checking these Terms from time to time and ensure continued compliance with these Terms. Your use of E-wand Platform after any such amendment or change in the Terms shall be deemed as your express acceptance to such amended/changed terms and you also agree to be bound by such changed/amended Terms.

V. Translation of the terms

E-wand may provide a translation of the English version of the Terms into other languages. You understand and agree that any translation of the Terms into other languages is only for your convenience and that the English version shall govern the terms of your relationship with E-wand. Furthermore, if there are any inconsistencies between the English version of the Terms and its translated version, the English version of the Terms shall prevail over others.

VI. Provision of the services being offered by E-wand

E-wand is constantly evolving in order to provide the best possible experience and information to its users. You acknowledge and agree that the form and nature of the Services which E-wand provides, may require effecting certain changes in it, therefore, E-wand reserves the right to suspend/cancel, or discontinue any or all products or services at any time without notice, make modifications and alterations in any or all of its contents, products and services contained on the site without any prior notice.

We, the software, or the software application store that makes the software available for download may include functionality to automatically check for updates or upgrades to the software. Unless your device, its settings, or computer software does not permit transmission or use of upgrades or updates, you agree that we, or the applicable software or software application store, may provide notice to you of the availability of such upgrades or updates and automatically push such upgrade or update to your device or computer from time-to-time. You may be required to install certain upgrades or updates to the software in order to continue to access or use the Services, or portions thereof (including upgrades or updates designed to correct issues with the Services). Any updates or upgrades provided to you by us under the Terms shall be considered part of the Services.

You acknowledge and agree that if E-wand disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content, which is contained in your account.

You acknowledge and agree that while E-wand may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services, E-wand may set such fixed upper limits at any time, at E-wand’s discretion.

By using E-wand’s Services you agree to the following disclaimers:

The Content on these Services is for informational purposes only. E-wand disclaims any liability for any information that may have become outdated since the last time the particular piece of information was updated. E-wand reserves the right to make changes and corrections to any part of the Content on these Services at any time without prior notice. E-wand does not guarantee quality of the Goods, the prices listed in menus or the availability of all menu items at any business. Unless stated otherwise, all pictures and information contained on these Services are believed to be owned by or licensed to E-wand. Please email a takedown request (by using the “Contact Us” link on the home page) to the webmaster if you are the copyright owner of any Content on these Services and you think the use of the above material violates Your copyright in any way. Please indicate the exact URL of the webpage in your request. All images shown here have been digitized by E-wand. No other party is authorized to reproduce or republish these digital versions in any format whatsoever without the prior written permission of E-wand.

Any certification, licenses or permits (“Certification”) or information in regard to such Certification that may be displayed on the Business’ listing page on the Platform is for informational purposes only. Such Certification is displayed by E-wand on an ‘as available’ basis that is provided to E-wand by the Businesses. E-wand does not make any warranties about the validity, authenticity, reliability and accuracy of such Certification or any information displayed in this regard. Any reliance by a user upon the Certification or information thereto shall be strictly at such user’s own risk and E-wand in no manner shall assume any liability whatsoever for any losses or damages in connection with the use of this information or for any inaccuracy, invalidity or discrepancy in the Certification or non-compliance of any applicable local laws or regulations by the Business.

E-wand reserves the right to charge subscription and/or membership fees of a user, by giving reasonable prior notice, in respect of any product, service or any other aspect of the E-wand Platform anytime in future.

E-wand may from time to time introduce referral and/or incentive based programs for its users (Program). These Program(s) may be governed by their respective terms and conditions. By participating in the Program, Users are bound by the Program terms and conditions as well as the E-wand Platform terms. Further, E-wand reserves the right to terminate / suspend the User’s account and/or credits / points earned and/or participation of the User in the Program if E-wand determines in its sole discretion that the User has violated the rules of the Program and/or has been involved in activities that are in contravention of the Program terms and/or E-wand Platform terms or has engaged in activities which are fraudulent / unlawful in nature. Furthermore, E-wand reserves the right to modify, cancel and discontinue its Program without notice to the User.

VII. Use of services by you or user

E-wand User Account Including ‘Access menus’

  • You must create an account in order to use some of the features offered by the Services, including without limitation to ‘Access menus’ on the Services. Use of any personal information you provide to us during the account creation process is governed by our Privacy Policy. You must keep your password confidential and you are solely responsible for maintaining the confidentiality and security of your account, all changes and updates submitted through your account, and all activities that occur in connection with your account.
  • In creating an account you represent to us that all information provided to us in such process is true, accurate and correct, and that you will update your information as and when necessary in order to keep it accurate. If you are creating an account or claiming a business listing, then you represent to us that you are the owner or authorized agent of such business. You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, create multiple accounts, or provide or use false information. You acknowledge that any false order may cause E-wand or third parties to incur substantial economic damages and losses for which you may be held liable and accountable.
  • You are also responsible for all activities that occur in your account. You agree to notify us immediately of any unauthorized use of your account in order to enable us to take necessary corrective action. You also agree that you will not allow any third party to use your E-wand account for any purpose and that you will be liable for such unauthorized access.
  • By creating an account, you agree to receive certain communications in connection with E-wand Platform or Services.

VIII. Content

Ownership of E-wand Content and Proprietary Rights

  • We are the sole and exclusive copyright owners of the Services and our Content. We also exclusively own the copyrights, trademarks, service marks, logos, trade names, trade dress and other intellectual and proprietary rights throughout the world (the “IP Rights”) associated with the Services and E-wand Content, which may be protected by copyright, patent, trademark and other applicable intellectual property and proprietary rights and laws. You acknowledge that the Services contain original works and have been developed, compiled, prepared, revised, selected, and arranged by us and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property. You further acknowledge that the Services may contain information which is designated as confidential by E-wand and that you shall not disclose such information without E-wand’s prior written consent.
  • You agree to protect E-wand’s proprietary rights and the proprietary rights of all others having rights in the Services during and after the term of this agreement and to comply with all reasonable written requests made by us or our suppliers and licensors of content or otherwise to protect their and others’ contractual, statutory, and common law rights in the Services. You acknowledge and agree that E-wand (or E-wand’s licensors) own all legal right, title and interest in and to the Services, including any IP Rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated as confidential by E-wand and that you shall not disclose such information without E-wand’s prior written consent. Unless you have agreed otherwise in writing with E-wand, nothing in the Terms gives you a right to use any of E-wand’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
  • You agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of E-wand; or remove, conceal or obliterate any copyright or other proprietary notice or source identifier, including without limitation, the size, color, location or style of any proprietary mark(s). Any infringement shall lead to appropriate legal proceedings against you at appropriate forum for seeking all available/possible remedies under applicable laws of the country of violation. You cannot modify, reproduce, publicly display or exploit in any form or manner whatsoever any of the E-wand’s Content in whole or in part except as expressly authorized by E-wand.
  • To the fullest extent permitted by applicable law, we neither warrant nor represent that your use of materials displayed on the Services will not infringe rights of third parties not owned by or affiliated with us. You agree to immediately notify us upon becoming aware of any claim that the Services infringe upon any copyright trademark, or other contractual, intellectual, statutory, or common law rights by following the instructions contained below in section XVI.

Your License to E-wand Content

  • We grant you a personal, limited, non-exclusive and non-transferable license to access and use the Services only as expressly permitted in these Terms. You shall not use the Services for any illegal purpose or in any manner inconsistent with these Terms. You may use information made available through the Services solely for your personal, non-commercial use. You agree not to use, copy, display, distribute, modify, broadcast, translate, reproduce, reformat, incorporate into advertisements and other works, sell, promote, create derivative works, or in any way exploit or allow others to exploit any of E-wand Content in whole or in part except as expressly authorized by us. Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to the Services, E-wand Content or our IP Rights.
  • Any violation by you of the license provisions contained in this Section may result in the immediate termination of your right to use the Services, as well as potential liability for copyright and other IP Rights infringement depending on the circumstances.

E-wand License to Your or User Content

  • By submitting Your Content you hereby irrevocably grant E-wand a perpetual, irrevocable, world-wide, non-exclusive and royalty-free, assignable, sub-licensable and transferable license and right to use Your Content and all IP Rights therein for any purpose including API partnerships with third parties and in any media existing now or in future. By “use” we mean use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, analyze, promote, commercialize, create derivative works, and in the case of third party services, allow their users and others to do the same. You grant us the right to use the name or username that you submit in connection with Your Content. You irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to Your Content brought against E-wand or its Users, any third party services and their users.

Representations Regarding Your or User Content

  • You are responsible for Your Content. You represent and warrant that you are the sole author of, own, or otherwise control all of the rights of Your Content or have been granted explicit permission from the rights holder to submit Your Content; Your Content was not copied from or based in whole or in part on any other content, work, or website; Your Content was not submitted via the use of any automated process such as a script bot; use of Your Content by us, third party services, and our and any third party users will not violate or infringe any rights of yours or any third party; Your Content is truthful and accurate; and Your Content does not violate the Guidelines and Policiesor any applicable laws

Content Removal

  • We reserve the right, at any time and without prior notice, to remove, block, or disable access to any Content that we, for any reason or no reason, consider to be objectionable, in violation of the Terms or otherwise harmful to the Services or our users in our sole discretion. Subject to the requirements of applicable law, we are not obligated to return any of Your Content to you under any circumstances.

 Third Party Content and Links

  • Some of the content available through the Services may include or link to materials that belong to third parties, such as third party reservation services or onsite food delivery/ordering. Please note that your use of such third party services will be governed by the terms of service and privacy policy applicable to the corresponding third party. We may obtain business addresses, phone numbers, and other contact information from third party vendors who obtain their data from public sources.
  • We have no control over, and make no representation or endorsement regarding the accuracy, relevancy, copyright compliance, legality, completeness, timeliness or quality of any product, services, advertisements and other content appearing in or linked to from the Services. We do not screen or investigate third party material before or after including it on our Services.
  • We reserve the right, in our sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the content accessible on the Services. Where appropriate, we may in our sole discretion and without any obligation, verify any updates, modifications, or changes to any content accessible on the Services, but shall not be liable for any delay or inaccuracies related to such updates. You acknowledge and agree that E-wand is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
  • Third party content, including content posted by our users, does not reflect our views or that of our parent, subsidiary, affiliate companies, branches, employees, officers, directors, or shareholders. In addition, none of the content available through the Services is endorsed or certified by the providers or licensors of such third party content. We assume no responsibility or liability for any of Your Content or any third party content.
  • You further acknowledge and agree that E-wand is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources. Without limiting the generality of the foregoing, we expressly disclaim any liability for any offensive, defamatory, illegal, invasive, unfair, or infringing content provided by third parties.

IX. Privacy policy

  • You represent that you have read, understood and agreed to our Privacy Policy. Please note that we may disclose information about you to third parties or government authorities if we believe that such a disclosure is reasonably necessary to (i) take action regarding suspected illegal activities; (ii) enforce or apply our Terms and Privacy Policy; (iii) comply with legal process or other government inquiry, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process/notice served on us; or (iv) protect our rights, reputation, and property, or that of our users, affiliates, or the general public

X. Restrictions on use

  • Without limiting the generality of these Terms, in using the Services, you specifically agree not to post or transmit any content or engage in any activity that, in our sole discretion:
  1. Violates our Guidelines and Policies;
  2. Disguises or attempts to disguise the origin of Your Content, including but not limited to : (i) submitting Your Content under a false name or false pretenses; or (ii) disguising or attempting to disguise the IP address from which Your Content is submitted;
  3. Accesses or uses the account of another user without permission;
  4. Distributes computer viruses or other code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or electronic communications equipment;
  5. Interferes with, disrupts, or destroys the functionality or use of any features of the Services or the servers or networks connected to the Services;
  6. “Hacks” or accesses without permission our proprietary or confidential records, records of another user, or those of anyone else;
  7. Violates any contract or fiduciary relationship (for example, by disclosing proprietary or confidential information of your employer or client in breach of any employment, consulting, or non-disclosure agreement);
  8. Decompiles, reverse engineers, disassembles or otherwise attempts to derive source code from the Services;
  9. Removes, circumvents, disables, damages or otherwise interferes with security-related features, or features that enforce limitations on use of, the Services;
  10. Violates the restrictions in any robot exclusion headers on the Services, if any, or bypasses or circumvents other measures employed to prevent or limit access to the Services;
  11. Collects, accesses, or stores personal information about other users of the Services;
  12. Modifies, copies, scrapes or crawls, displays, publishes, licenses, sells, rents, leases, lends, transfers or otherwise commercializes any rights to the Services or Our Content; or
  13. Attempts to do any of the foregoing.
  • You acknowledge that E-wand has no obligation to monitor your – or anyone else’s – access to or use of the Services for violations of the Terms, or to review or edit any content. However, we have the right to do so for the purpose of operating and improving the Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with the Terms and to comply with applicable law or the order or requirement of legal process, a court, consent decree, administrative agency or other governmental body

XI. User feedback

  • If you share or send any ideas, suggestions, changes or documents regarding E-wand’s existing business (“Feedback”), you agree that (i) your Feedback does not contain the confidential, secretive or proprietary information of third parties, (ii) E-wand is under no obligation of confidentiality with respect to such Feedback, and shall be free to use the Feedback on an unrestricted basis (iii) E-wand may have already received similar Feedback from some other user or it may be under consideration or in development, and (iv) By providing the Feedback, you grant us a binding, non-exclusive, royalty-free, perpetual, global license to use, modify, develop, publish, distribute and sublicense the Feedback, and you irrevocably waive, against E-wand and its users any claims/assertions, whatsoever of any nature, with regard to such Feedback.
  • Please provide only specific Feedback on E-wand’s existing products or marketing strategies; do not include any ideas that E-wand’s policy will not permit it to accept or consider.
  • Notwithstanding the abovementioned clause, E-wand or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names. Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works (“Submissions”) in any form to E-wand or any of its employees.
  • The purpose of this policy is to avoid potential misunderstandings or disputes when E-wand’s products or marketing strategies might seem similar to ideas submitted to E-wand. If, despite our request to not send us your ideas, you still submit them, then regardless of what your letter says, the following terms shall apply to your Submissions.
  • Terms of Idea Submission
  • You agree that: (1) your Submissions and their Contents will automatically become the property of E-wand, without any compensation to you; (2) E-wand may use or redistribute the Submissions and their contents for any purpose and in any way; (3) there is no obligation for E-wand to review the Submission; and (4) there is no obligation to keep any Submissions confidential.

XII. Advertising

  • Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information. The manner, mode and extent of advertising by E-wand on the Services are subject to change without specific notice to you. In consideration for E-wand granting you access to and use of the Services, you agree that E-wand may place such advertising on the Services.
  • Part of the site may contain advertising information or promotional material or other material submitted to E-wand by third parties or Users. Responsibility for ensuring that material submitted for inclusion on the E-wand Platform or mobile apps complies with applicable international and national law is exclusively on the party providing the information/material. Your correspondence or business dealings with, or participation in promotions of, advertisers other than E-wand found on or through the E-wand Platform and or mobile apps, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely between you and such advertiser. E-wand will not be responsible or liable for any error or omission, inaccuracy in advertising material or any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such other advertiser(s) on the E-wand Platform and mobile application.

XIII. Additional Terms and Conditions for Users using the various services offered by E-wand:

ORDERING PROCESS

  • E-wand provides online ordering services by entering into contractual arrangements with Businesses on a principal-to-principal basis for the purpose of listing their items for online ordering by the Users on the E-wand Platform (“Businesses”). Your request to order from a Business by clicking on ‘Place Order’ tab on the Business page on the E-wand Platform shall constitute an unconditional and irrevocable authorization issued in favour of E-wand to place onsite orders for items against the Businesses on your behalf. An order, when placed on your behalf by E-wand and accepted by a Business, constitutes a separate contract of sale of goods. E-wand is not a manufacturer, seller or distributor of food or beverages and merely places an order against the Businesses on behalf of the Users pursuant to the unconditional and irrevocable authority granted by the Users to E-wand, and facilitates the sale and purchase of items between Users and Businesses, under the contract for sale and purchase of items between the Users and Businesses.
  • E-wand shall not be liable for any acts or omissions on part of the Business including deficiency in service, wrong delivery of order, quality of food, time taken to prepare or deliver the order, etc.
  • Please note that some of the items may be suitable for certain ages only. You should check the item you are ordering and read its description, if provided, prior to placing your order. E-wand shall not be liable in the event the food you ordered does not meet your dietary or any other requirements and/or restrictions.
  • You or any person instructed by you shall not resell items purchased via the E-wand Platform.
  • All prices listed on the E-wand Platform are uploaded by the business. The final price charged to you by the Business may change at the time of delivery. In the event of a conflict between the price on the E-wand Platform and the price charged by the Business, the price charged by the Business shall be deemed to be the correct price except Delivery Charge of E-wand.
  • The total price for items ordered, and other charges, will be displayed on the E-wand Platform when you place your order. Users shall make full payment towards such items ordered via the E-wand Platform.

 

XIV. Disclaimer of warranties, limitation of liability, and Indemnification

Disclaimer of Warranties

You acknowledge and agree that the services are provided “as is” and “as available” and that your use of the services shall be at your sole risk. To the fullest extent permitted by applicable law, E-Wand, its affiliates and their respective officers, directors, employees, agents, affiliates, branches, subsidiaries, and licensors (“E-Wand parties”) disclaim all warranties, express or implied, in connection with the services including mobile apps and your use of them. To the fullest extent permitted by applicable law, the E-Wand parties make no warranties or representations that the services have been and will be provided with due skill, care and diligence or about the accuracy or completeness of the services’ content and assume no responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the services, (iii) any unauthorized access to or use of our servers and/or any and all personal information stored therein, (iv) any interruption or cessation of transmission to or from the services, (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the services through the actions of any third party, (vi) any loss of your data or content from the services and/or (vii) 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, transmitted, or otherwise made available via the services. Any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material. The E-Wand parties will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. You are solely responsible for all of your communications and interactions with other users of the services and with other persons with whom you communicate or interact as a result of your use of the services. No advice or information, whether oral or written, obtained by you from E-Wand or through or from the services shall create any warranty not expressly stated in the terms. Unless you have been expressly authorized to do so in writing by E-Wand, you agree that in using the services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall the E-Wand parties be liable to you for any damages resulting from any (i) errors, mistakes, or inaccuracies of content, and/or (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the services including mobile app, and/or (iii) any unauthorized access to or use of our servers and/or any and all personal information stored therein, and/or (iv) any interruption or cessation of transmission to or from our servers, and/or (v) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the services by any third party, and/or (vi) any loss of your data or content from the services, and/or (vii) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, transmitted, or otherwise made available via the services, whether based on warranty, contract, tort, or any other legal theory, and whether or not the e-wand parties are advised of the possibility of such damages, and/or (viii) the disclosure of information pursuant to these terms or our privacy policy, and/or (ix) your failure to keep your password or account details secure and confidential, and/or (x) loss or damage which may be incurred by you, including but not limited to loss or damage as a result of reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the services, and/or delay or failure in performance resulting from causes beyond E-Wand’s reasonable control. In no event shall the E-Wand parties be liable to you for any indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, however caused and under any theory of liability, including but not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss.

Indemnification

You agree to indemnify, defend, and hold harmless the E-Wand Parties from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with: (i) Your Content, (ii) your unauthorized use of the Services, or products or services included or advertised in the Services; (iii) your access to and use of the Services; (iv) your violation of any rights of another party; or (v) your breach of these Terms, including, but not limited to, any infringement by you of the copyright or intellectual property rights of any third party. We retain the exclusive right to settle, compromise and pay, without your prior consent, any and all claims or causes of action which are brought against us. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter in which we are named as a defendant and/or for which you have indemnity obligations without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

XV. Termination of your access to the services

  • You can delete your account at any time by contacting us via the form “Contact Us” on our website.
  • We may terminate your use of the Services and deny you access to the Services in our sole discretion for any reason or no reason, including your: (i) violation of these Terms; or (ii) lack of use of the Services. You agree that any termination of your access to the Services may be affected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and/or bar any further access to your account or the Services. If you use the Services in violation of these Terms, we may, in our sole discretion, retain all data collected from your use of the Services. Further, you agree that we shall not be liable to you or any third party for the discontinuation or termination of your access to the Services

XVI. General terms

Interpretation:

The section and subject headings in these Terms are included for reference only and shall not be used to interpret any provisions of these Terms.

Entire Agreement and Waiver:

The Terms, together with the ‘Privacy Policy’, shall constitute the entire agreement between you and us concerning the Services. No failure or delay by us in exercising any right, power or privilege under the Terms shall operate as a waiver of such right or acceptance of any variation of the Terms and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of that right or the exercise of any other right, power or privilege.

Severability:

If any provision of these Terms is deemed unlawful, invalid, or unenforceable by a judicial court for any reason, then that provision shall be deemed severed from these Terms, and the remainder of the Terms shall continue in full force and effect.

Partnership or Agency:

None of the provisions of these Terms shall be deemed to constitute a partnership or agency between you and E-Wand and you shall have no authority to bind E-Wand in any form or manner, whatsoever.

Governing Law/Waiver:

These Terms shall be governed by the laws of the United Kingdom.

You must commence any legal action against us within one (1) year after the alleged harm initially occurs. Failure to commence the action within that period shall forever bar any claims or causes of action regarding the same facts or occurrence, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by us to enforce or exercise any provision of these terms or any related right shall not constitute a waiver of that right or provision.

Carrier Rates may Apply:

By accessing the Services through a mobile or other device, you may be subject to charges by your Internet or mobile service provider, so check with them first if you are not sure, as you will be solely responsible for any such costs incurred.

XVII. Notice of copyright infringement and grievance redressal mechanism

E-Wand shall not be liable for any infringement of copyright arising out of materials posted on or transmitted through the E-wand Platform, or items advertised on the E-Wand Platform, by end users or any other third parties. We respect the intellectual property rights of others and require those that use the Services to do the same. We may, in appropriate circumstances and at our discretion, remove or disable access to material on the Services that infringes upon the copyright rights of others. We also may, in our discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. In the event that any users of the Services repeatedly infringe on others’ copyrights, we may in our sole discretion terminate those individuals’ rights to use the Services. If you believe that your copyright has been or is being

infringed upon by material found in the Services, you are required to follow the below procedure to file a notification:

  1. Identify in writing the copyrighted material that you claim has been infringed upon;
  2. Identify in writing the material on the Services that you allege is infringing upon copyrighted material, and provide sufficient information that reasonably identifies the location of the alleged infringing material (for example, the user name of the alleged infringer and the business listing it is posted under);
  • Include the following statement: “I have a good faith belief that the use of the content on the Services as described above is not authorized by the copyright owner, its agent, or law”;
  1. Include the following statement: “I swear under penalty of perjury that the information in my notice is accurate and I am the copyright owner or I am authorized to act on the copyright owner’s behalf”;
  2. Provide your contact information including your address, telephone number, and e-mail address (if available);
  3. Provide your physical or electronic signature;

Send the written communication to:

[email protected]

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All Rights Reserved.