TERMS AND CONDITIONS.

LAST UPDATED: 18-06-2018

Welcome to the FRETPAL web site located at “https://fretpal.online” (this “site”), which is owned by FRETPAL (“us”, “we” and “our”). Please read this page carefully before using this site. By accessing or using this site in any way, you agree to and are bound by the terms, conditions, policies and notices contained on this page (these “terms”), including but not limited to conducting this transaction electronically.

CONTENT MANAGEMENT.

All contents of this site are © 2018 FRETPAL. All rights reserved. This site contains copyrighted material, trademarks, service marks, logos, trade and other proprietary content, including but not limited to text, excepts from a book, photographs, buttons, images, video and graphics, and the entire selection, coordination, arrangement and “look and feel” of this site and the content are copyrighted as a collective work under International and United States copyright laws (collectively, the “content”).

Except as provided in these terms, you may not use, modify, republish, frame, license, transfer, post, transmit, create derivative works from, or otherwise exploit any content from this site, in whole or in part, without the express permission of FRETPAL.

Reproduction, distribution, republication, and/or re-transmission of material contained within this website is prohibited without prior written consent of FRETPAL. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on this site is strictly prohibited. Nothing contained in these terms shall be construed as conferring any other license or right, express or implied, under any of FRETPAL‘s intellectual property rights. 

USE OF OUR WEBSITE.

 

You agree, acknowledge, and accept that we are not trained professionals and do not purport to render professional or expert advice in any arena.

 

Data contained on or made available through our FRETPAL website is not intended to be, and does not constitute legal advice. Our website, and your use of it, does not create an attorney-client relationship. We do not warrant or guarantee the accuracy, adequacy, or recency of the data contained in or linked to our website.

 

Your use of our FRETPAL website or materials linked to our website is completely at your own risk. You should not act or depend on any data on our website, where applicable, without seeking the counsel of a competent lawyer licensed to practice in your jurisdiction for your particular legal issues.

 

We may make changes to the features, functionality or content of our website at any time. We reserve the right in our sole discretion to edit or delete any data appearing on our website.

 

LINKS TO OUR WEBSITE.

 

You may provide links to our website, provided you do not change, remove or obscure the copyright notice or other notices on our website. Your website or other source of links must not engage in illegal or pornographic activities. Finally, you may link provided you understand that you must stop linking to our website immediately upon request by our website.

 

USER SUBMISSIONS.

 

As a user of our FRETPAL website, you are responsible for your own communications and are responsible for the consequences of their posting.

 

. You must not do the following things: 

 

Post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; 

 

Post material that reveals trade secrets, unless you own them or have the permission of the owner; 

 

Post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; 

 

Post material that is obscene, profane, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user of our website or any other person or entity;

 

 Post sexually-explicit images; 

 

Post advertisements or solicitations of business; 

 

Post chain letters or pyramid schemes; 

 

You also must not attempt to impersonate another person.

 

Our website does not represent or guarantee the truthfulness, accuracy, or reliability of any communications posted by other users of our website or endorse any opinions expressed by users of our website. 

 

You acknowledge that any reliance on material posted by other users of our website will be at your own risk.

 

Our FRETPAL website does not necessarily screen communications in advance and is not responsible for screening or monitoring material posted by users of our website. If observed by our website and/or notified by a user of communications which allegedly do not conform to this agreement, our website may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. 

 

Our website has no liability or responsibility to users of our website for performance or non-performance of such activities. Our website reserves the right to expel users of our website and prevent their further access to our website for violating this agreement or any law or regulation, and also reserves the right to remove communications which are abusive, illegal, or disruptive.

 

YOUR DUTY TO OTHER USERS.

 

Your use of our website is for your own personal, non-commercial benefit.

 

 In no way are you to leverage our website in a way that mines for the personal information of other, whether in blog comments or otherwise, for your own use or for the benefit of others. This includes, but is not limited to, spam (unsolicited commercial email).

 

If you inadvertently obtain personal information about other users, you shall not share this with anyone else.

 

RESTRICTED ACCESS.

 

Access to certain areas of our FRETPAL website may be restricted. Where this is the case, we reserve the right to restrict access to other areas of our website, or indeed our whole website, at our discretion.

 

If we provide you with a user ID (username) and password to enable you to access restricted areas of our website or other content or services, you must ensure that that user ID and password is kept confidential.

 

 You may not share your user ID and/or password with anyone for any reason, either directly or indirectly. You accept responsibility for all activities that occur under your user ID or password.

 

We may disable your user ID and password at our sole discretion or if you breach any of the policies or terms governing your use of our FRETPAL website or any other contractual obligation you owe to us.

 

THIRD PARTY PRODUCTS/SERVICES.

 

You understand that, except for information, products or services clearly identified as being supplied by our website, our website does not operate, control or endorse any information, products or services on the internet in any way. Except for information identified by our website as such, all information, products and services offered through our website or on the Internet generally are offered by third parties that are not affiliated with our website, and we may be compensated.

 

VIRUSES, MALWARE, SPYWARE ETC.

 

You also understand that our FRETPAL website cannot and does not guarantee or warrant that files available for downloading through our website will be free of infection or viruses, worms, trojan horses or other code that manifest contaminating or destructive properties. 

 

You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to our website for the reconstruction of any lost data.

 

ONLINE PAYMENTS.

FRETPAL allows clients to make payments for our products and services via an online portal. We have engaged a third-party service provider to perform payment processing, including card processing, identity verification, fraud analysis and regulatory compliance. 

FRETPAL partners with FastSpring to facilitate its card payments from our customers. To enable you to make a payment, FastSpring will ask for details such as your name, address, e-mail address and card details which are subject to their data protection and privacy policy. 

You can find more about FastSpring by clicking the link below:

https://www.fastspring.com

LAWFUL BASIS FOR PROCESSING OF YOUR PERSONAL DATA.

For customers living in the European Union, the General Data Protection Regulation (GDPR) which came into force on the 21st May 2018 requires a lawful basis for the processing of your personal data. For example, FastSpring needs your payment information to process a payment for a product or service that we at FRETPAL are selling to you. 

FastSpring complies with the EU-US Privacy Shield Framework regarding the collection, use and retention of personal data from European Union countries and is fully certified by the Privacy Shield program. You can see the lawful basis for the collection of your personal data all the provisions of their Privacy Policy by clicking on the link below: 

https://fastspring.com/privacy

EXTERNAL LINKS.

As a convenience to you, FRETPAL may provide links to web sites and access to content, products and services of third parties, including without limitation FRETPAL affiliates with some strategic partners and other entities (“linked sites”). 

You should refer to the separate terms of use, privacy policies, and other notices posted on linked sites before you use them. Some of those links contain trackable cookies, which means that website owner will know that their website has shown up in your website browser more than once and they also may know that you visited this website before you visited their website.

FRETPAL does not author, edit or monitor these linked sites, and is not responsible or liable for 

(a) the availability of, or content provided on such linked sites, nor does inclusion of any link imply endorsement of the linked sites by FRETPAL or vice versa; 

(b) third party content accessible through such linked sites; 

(c) any loss or damage whatsoever you may incur from dealing with any linked site; or 

(d) your dealings with any third parties found on or through this site, the payment for and delivery of goods if any, or any terms, conditions, warranties, or representations associated with such dealings.

 You bear all risk associated with the use of such linked sites, third party services, and your correspondence or business dealings with third parties found on or through this site.

NO WARRANTIES.

FRETPAL makes no representation of any kind regarding this site, content or any portion thereof, WHICH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. FRETPAL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANT-ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE.

Without prejudice to the generality of the foregoing paragraph, FRETPAL does not warrant that this website will be constantly available, or available at all; or the information on this website is complete, true, accurate or non-misleading.

LIMITATIONS OF LIABILITY.

FRETPAL will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • To the extent that the website is provided free-of-charge, 

  • For any direct loss;

  • For any indirect, special or consequential loss; or

  • For any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

IN NO EVENT SHALL FRETPAL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, INCREASED OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, DATA, GOODWILL OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), ARISING FROM YOUR ACCESS TO OR INABILITY TO ACCESS, OR USE OF, THIS SITE, EVEN IF FRETPAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Without limiting the generality of the foregoing, under no circumstances shall FRETPAL or any other party involved in creating, producing, or distributing this site be liable for any direct, indirect, incidental, special or consequential damages or loss of profits, good will, use, data or other intangible losses (even if advised of the possibility of such damages) that result from 

(a) any delay, failure, interruption or corruption of this site or any data or information transmitted in connection with the use of this site;

 (b) personal injury or death caused by your use or misuse of this site; 

(c) the cost of procurement of substitute goods and services resulting from your use of any goods, data, information or services purchased or obtained or messages received or transactions entered into, through or from this site; 

(d) unauthorized access to or alteration of your transmissions or data; and 

(e) any other matter relating to our site. 

You hereby acknowledge that this paragraph shall apply to all products and services available through this site. Some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, liability is limited to the fullest extent permitted by law.

Notwithstanding the above, FRETPAL’s sole liability for any reason to you, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for any product, information or service purchased by you from us through this Site.

REASONABLENESS.

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.

UNENFORCEABLE PROVISIONS.

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforce-ability of the other provisions of this website disclaimer.

GOVERNING LAW.

Use of this site is governed by United Kingdom law. Any claim related to the site and any product purchased through this site shall be brought in a federal or state court within one (1) year after the claim arises. Users of this site consent to the jurisdiction and venue of such courts as the most convenient and appropriate for the resolution of disputes concerning this site.

ACKNOWLEDGEMENT.

You acknowledge (a) that you have read and understood these terms; and (b) that these terms have the same force and effect as a signed agreement.  

CHANGE NOTICE: As with any of our administrative and legal notice pages, the contents of this page can and will change over time. Accordingly, this page could read differently as of your very next visit. These changes are necessitated, and carried out by FRETPAL, in order to protect both you and our FRETPAL website. If this page is important to you, you should check back frequently as no other notice of changed content will be provided either before or after the change takes effect.

 

COPYRIGHT WARNING: The legal notices and administrative pages on this website, including this one, have been diligently drafted by an attorney. We at FRETPAL have paid to license the use of these legal notices and administrative pages on the FRETPAL website for your protection and ours. This material may not be used in any way for any reason and unauthorized use is policed via copyscape to detect violators.

 

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