1. SUBJECT MATTER OF THE AGREEMENT
1.1. The subject matter of this Agreement is to determine and regulate the terms of use to which all kinds of digital content or data published or included on the Falavanga.com Site and application (hereinafter briefly referred to as the “Site”), accessed using falavanga.com User account Information, belonging to Yes Trade And Brokerage EOOD or made accessible only on the Site, as well as all kinds of products and/or services offered or sold on the Site (hereinafter briefly referred to as the “Content”), are subject, and the contractual terms of use governing, as between the User and Yes Trade And Brokerage EOOD, registered in Bulgaria, the publisher of the Site (hereinafter briefly referred to as the “Company”), the use of the Site or any direct or indirect benefit derived in any way from the content on it. The fortune reading interpretations contained in the Falavanga.com site and application are produced entirely from imagination and for entertainment purposes. They do not in any way foretell the future and are not accurate. The interpretations made on Falavanga.com are a form of the traditional language of fortune telling, presented for conversation and entertainment purposes. As the content provided by the readers may give rise to misunderstandings, it may be unsuitable for children and for persons lacking mental capacity. It is recommended that persons under 18 years of age do not use the Falavanga.com site and application. USERS under 18 years of age may consult their parents about which sites and applications they may use. All content on the Falavanga.com site and application is protected under intellectual property legislation, and all sounds, images, texts, documents and all intellectual and industrial rights relating to its content, as well as all copyrights and other intellectual and industrial property rights, belong to Yes Trade And Brokerage EOOD. The structure and content of this site and application, and all visual material used on the site, are protected under intellectual property legislation. No text on the Falavanga.com site and application, including code and software, may be modified, copied, reproduced, translated into another language, republished, uploaded to another computer, mailed, transmitted, presented or distributed without prior permission and without citing the source, and none may be used, in whole or in part, on another website or application without permission and without citing the source. To become a USER on Falavanga.com, it is mandatory to download the application and to fill in the requested items completely and clearly when entering information into the user information form. USERS unconditionally undertake that the information submitted through this form is accurate. Falavanga.com respects the personality rights and privacy rights of all USERS. It accepts and undertakes that, except for the reasons set out in the clauses and except upon the request of judicial authorities, it will not, for any reason whatsoever, give personal information to any institution or organisation. Falavanga.com does not accept responsibility for the consequences that may arise if USER information falls into the hands of malicious persons as a result of attacks on its database and is used in bad faith.
1.2. falavanga.com has the right and authority to update or amend, in part or in whole, the terms contained in this Agreement due to changes in the content of the Site, updates to the products or services offered, the offering of new products or services, or similar reasons, and in such cases the Agreement will be presented to the User via the Site in its current form, together with a notification.
1.3. The User may not claim, demand or declare that they were not informed of the changes or updates made by falavanga.com as described in this paragraph, or that it is not or will not be possible to apply those changes to them, if falavanga.com has informed them directly, or if they access the Site, or benefit directly or indirectly from any content on it, at a date after the changes or updates have occurred.
2. PARTIES TO THE AGREEMENT
2.1. The parties to these Terms of Use are Yes Trade And Brokerage EOOD and the “User”.
2.2. In this agreement, the User and Yes Trade And Brokerage EOOD are referred to and named separately and individually as the “User” and the “site”, and together as the “Parties”.
2.3. “User”: is used to refer to all natural or legal persons who, by accessing the falavanga.com Site as a member or without being a member, acquire or benefit from any product and/or service offered on the falavanga.com Site, in part or in whole, temporarily or on a continuing basis, in their own name and on their own account or in the name and/or on the account of other persons or institutions, in any manner whatsoever. User status, rights and obligations are assessed subject to the conditions set out above, with the exception of unauthorised access.
2.4. The User has no right to allow a third party to use, temporarily or permanently, the access information or other authorisations of the User account on the falavanga.com Site in any manner whatsoever. In the event of use contrary to this, the person or persons who were allowed to use the User account may be identified by falavanga.com, and in that case the relevant account may be suspended permanently or indefinitely and its use terminated.
2.5. The account holder is solely responsible for the consequences of allowing persons other than the User to use the account. In such a case, persons who use another person’s User account in any manner whatsoever, in part or in whole, temporarily or continuously, may not assert any right or claim against falavanga.com on that basis.
2.6. Unauthorised access and use may be subject to legal sanctions before the competent official authorities to the extent that they are deemed unlawful.
2.7. The User accepts and undertakes that they are aware of the risk of legal sanctions referred to in the preceding paragraph and that they assume its consequences jointly with, or separately from, the persons whom they allowed to use their account. Persons who use User accounts without authorisation are liable to falavanga.com under this agreement jointly with, or separately from, the account holders; however, such persons may not claim or demand that they are parties to this agreement.
2.8. Unauthorised access and unauthorised use of an account belonging to another person do not confer on the person carrying out such use the rights and status granted to the “User” within the meaning of this agreement. On the contrary, those who carry out such acts are deemed to have accepted and undertaken, together with the User, that they will be subject, towards falavanga.com, to the obligations imposed on the User by this agreement.
2.9. This Agreement may in no way be characterised as any cooperation relationship or any partnership relationship between the parties, or as a legal transaction resulting in any transfer of rights from falavanga.com to the User under any name whatsoever.
3. FORMATION AND ENTRY INTO FORCE OF THE AGREEMENT
3.1. In order to become a member of the Site, a person must have reached the age of 18 and be of legal age and, in accordance with the provisions of this agreement, must not have had a membership cancelled previously and must not have chosen a trade name or an immoral nickname as a username. The completion of membership registration and approval of this agreement by persons who are not of legal age, whose membership has previously been cancelled, or who have chosen a trade name or an immoral nickname as their user nickname shall not result in membership. The User declares that they are of legal age by means of the date of birth, consisting of "Month, Day, Year", that they provide through the relevant web page at the membership stage. The membership of a member who is found not to be of legal age, whose membership has previously been cancelled, or who has chosen a trade name or an immoral nickname as their member nickname will be cancelled.
3.2. Once formed in the manner and at the time set out in provision 3.1., this agreement remains legally binding and in force for as long as the User accesses the Site and benefits from the Site content in any manner whatsoever, regardless of the time intervals and durations during which the User accesses the Site.
3.3. If the User wishes to terminate this Agreement, they may request this by specifying a date and notifying falavanga.com in writing after closing their User account, if any, on condition that they do not access the Site in any manner from that moment on. If falavanga.com detects any act or transaction of the User that is contrary, in part or in whole, to any of the terms of this Agreement, it may suspend the User’s account or accounts temporarily or permanently, and may also terminate the Agreement immediately and without notice, without incurring any payment obligation.
3.4. The Company has the sole right and authority to make partial or comprehensive changes, amendments, additions and updates to this agreement, without any obligation to do so periodically or at regular intervals and without any limitation as to time or scope, as a result of needs that may arise from reasons such as the technologies used on the falavanga.com Site, the innovations and improvements to be offered, the new products and content to be offered, obligations required by changes in legislation, updates, and partial and comprehensive changes to be made to existing products, services and content.
4. OWNERSHIP
4.1. www.falavanga.com and all kinds of services and content offered from this Site belong personally and solely to Yes Trade And Brokerage EOOD.
4.2. No content acquired from the Falavanga.com Site in accordance with the principles and rules determined by Yes Trade And Brokerage EOOD gives the User any ownership right over it. All kinds of content that the User accesses, acquires or uses via the Site are the exclusive property of Yes Trade And Brokerage EOOD. The right and authority to decide on the periods of use and validity periods of all kinds of content referred to in this paragraph, and on the termination of their use, belong exclusively to the Company.
4.3. The User knows, accepts and undertakes that all kinds of content, products or services acquired via falavanga.com, provided that they have been duly acquired, will grant them only the right and authority to use the item that is the subject of the relevant acquisition.
4.4. All products, services or content that the User acquires from the falavanga.com Site must be used in accordance with the characteristics of the relevant asset, the terms of use to which it is subject, the principles to be determined by falavanga.com and the legal regulations. falavanga.com may detect and terminate uses contrary to this, and proceedings may be taken against those carrying out such contrary use, subject to the measures and procedures required by the legal regulations.
4.5. The right to use all kinds of content that the User acquires from the falavanga.com Site belongs exclusively to the User who made the acquisition, subject to the terms of use of the relevant content. If the User trades in, uses for the purpose of generating income, or allows third parties to use the content acquired in the manner described in this paragraph, the User may not make any claim against falavanga.com in respect of the relevant content.
4.6. The User benefits from all kinds of content acquired from the falavanga.com Site solely for the purpose for which the relevant content is offered and acquired. Processing, modifying, decomposing, reproducing, copying or otherwise subjecting the content acquired in the manner described in this paragraph to operations aimed at use outside the purpose of acquisition shall be deemed a breach of this Agreement. The User knows and accepts that, if they engage in such acts, these acts will be considered unlawful and legal review, prosecution, investigation and other proceedings may be initiated against those concerned.
5. OWNERSHIP OF OTHER CONTENT ACCESSED
5.1. It may be possible to access, from the falavanga.com Site, all kinds of digital media, websites, products or content belonging to third persons or institutions, including advertisements. The User, for their part, accepts and undertakes that they may not engage in acts or transactions aimed at providing external or internal access from the Site, in the manner described in this paragraph, to content belonging to themselves or to third parties, or at publishing such content via the Site or from User accounts.
5.2. falavanga.com has the sole right and authority to determine, without limitation as to time or subject, which types of third-party content may be accessed from the falavanga.com Site.
5.3. All methods and procedures, such as making third-party content, including advertisements, accessed from the falavanga.com Site accessible from within or outside the Site, by redirection or by other procedures, are considered within the scope of this paragraph, and the authority to make decisions regarding all of these matters belongs solely to falavanga.com. However, the responsibility arising from all kinds of third-party content, including advertisements, the terms of use to which such content is subject, and all kinds of consequences caused by its use or by access to it are solely the responsibility of its owners.
5.4. The liability arising from the use of content and other items, content or publications subject to intellectual or other property rights, belonging to third persons or institutions to which access is provided from the falavanga.com Site, including via advertisements, rests with the owners of those rights.
5.5. Whether or not to access or use content belonging to third parties, including advertisements, accessed from the falavanga.com Site is at the User’s discretion. The terms of use to which such accessed third-party content is subject are determined by its owners. falavanga.com does not have the capacity to determine the terms of use to which third-party content, including advertisements, accessed from its Site is subject, and no claim or dispute relating to or arising from such terms may be asserted against falavanga.com.
6. LIABILITY AND LIABILITY OF THIRD PARTIES
6.1. No claim or lawsuit may be directed, and no liability may be attributed, by the User against falavanga.com in any manner, whether directly, indirectly, alone or together with the right holders, on account of the content and publications referred to in this paragraph belonging to third persons or institutions, including advertisements, accessed by the User in any manner whatsoever via the falavanga.com Site. The User accepts and undertakes that they know that no legal liability arising from content and publications belonging to third persons or institutions, including but not limited to advertisements, which they access in any manner whatsoever from the falavanga.com site, rests with falavanga.com.
6.2. When Users benefit in any way from the services, content and other services offered from the falavanga.com Site, which are protected by intellectual property, trademark, design and other legal regulations and the copyrights of which generally belong to the Company, they shall be deemed to have accepted these Terms of Use, to have been informed of the obligations contained herein and to have undertaken to comply with them.
6.3. A User who does not wish to accept the provisions of this Agreement, the Site or the methods of use of the Site content must leave the falavanga.com Site, refrain from benefiting from the services or products offered on this Site and refrain from any attempt or request to that effect. Otherwise, the User shall be deemed to have communicated to the Company their intention to accept the provisions of this Agreement, and this shall be applied accordingly.
7. INTELLECTUAL PROPERTY RIGHTS
7.1. The trademarks and other signs used by the Company in offering the Site content to Users are the exclusive property of the Company, whether through registration with the competent regional or international official authorities, through use with their distinctive character, or through having acquired distinctiveness through use.
7.2. This Agreement does not confer on the User and/or other third parties any partial or full ownership of rights over the items and signs mentioned in paragraph 7.1. that are the exclusive property of the Company; it grants only a limited right of use over those rights in relation to the relevant content.
7.3. The User, having been informed that all kinds of content, material, documents, information, graphics, designs, products, e-mail services, software, updates and other similar services offered from the falavanga.com Site are protected by Intellectual and Industrial Property Law, Trademark Law, Patent Law and other relevant laws, and that all tangible and intangible items, assets and/or subjects of every kind listed in this paragraph are, except for the exceptions listed in this Agreement, inherently and exclusively the property of the Company, accepts that they will not engage in acts and transactions contrary to this
7.4. The Company has every kind of unilateral right of disposal over all assets listed in paragraphs 7.1, 7.2 and 7.3
7.5. The Company has the right to suspend, modify or discontinue, in part or in whole, temporarily or permanently, all services it offers within the scope of its relevant services. The User accepts that they have no right or authority to make any claim against the Company on the grounds that the Company temporarily or permanently suspends or terminates the provision of the Site content and services in the manner described in this paragraph.
7.6. The Company does not undertake that the services or content offered on this Site will be constant or uninterrupted. This may not be considered as a matter that removes, in part or in whole, the Company’s ownership of rights over the signs or trademarks relating to the content or services.
7.7. In the event that temporary or permanent changes are made to some or all of the services, publications, content and other items on the Falavanga.com Site or accessed via the site, Users shall have no right to make any claim against the Company and/or to claim compensation under any name whatsoever.
7.8. The User knows and accepts that the assets listed in this clause, and all of the right and capacity to dispose of them, are the sole property of the Company.
7.9. Those who use, benefit from or attempt to access the services offered by falavanga.com and/or all kinds of other services directly or indirectly connected with them shall be deemed, by this notice, to be aware of all their personal undertakings and responsibilities.
7.10. The User declares that, in addition to the Agreement, they also accept the Privacy Policy, which forms an integral part of this Agreement. Accordingly, the User undertakes to comply with the relevant laws while benefiting from the content or services of falavanga.com; undertakes in this respect that they alone will be responsible for all their acts and transactions contrary to the law; and accepts that, for these reasons, they will in no way have any right of recourse against, or to bring any claim against, the Company.
7.11. The User agrees not to infringe the services and content of falavanga.com, not to exploit loopholes, not to reverse engineer, decompile, reverse or otherwise tamper with them, and not to encourage or assist anyone else in these matters.
8. ACCESS AND ITS RESTRICTION
8.1. If the User uses the services or content of the falavanga.com Site contrary to the terms of this Agreement, the Company has the right to terminate the User’s access to the Site services and content via the website, temporarily or permanently.
8.2. If the Company takes action in the manner described in 8.1, the User has no right to object to this action. In such a case, the obligation to destroy all kinds of material, including licences, that came into the User’s possession during any service offered via falavanga.com lies with the User.
8.3. The User may not transfer to other persons, or allow others to use, the passwords, Usernames or any other right given to them in order to benefit from falavanga.com services, nor trade in them for consideration or free of charge, and may not make any claim against or towards the Company in relation to the consequences of their acts and/or transactions to the contrary. If the contrary is detected, the Company may act in the manner set out in clause 8.1.
8.4. The User knows and accepts that the account information they use to access the content offered on the falavanga.com Site, and the virtual items, account balance, account character and other account features created within the accounts, have no commercial or monetary value. All assets listed in this paragraph are offered to the User for entertainment purposes, which is the purpose of the Site. They do not involve any purpose of commercial use.
8.5. The User undertakes to acquire each of the services and content offered on the falavanga.com Site in accordance with the terms and conditions of use to which it is subject. The User accepts that they know that they will not use any third-party tools, programs, software or elements contrary to this, including but not limited to “hacks”, “cheats”, “bots”, “cheat files”, “mods” and/or automation programs relating to the Site Content, unauthorised third-party programs that interact in any way with the Content or with any part or all of the software elements of the Content, or third-party programs that block, imitate or redirect any communication between the software and the Company, or that collect information about the Content by reading memory areas used by the Content to record information about the Content; that otherwise they may be subject by the Company to the sanctions in paragraph 8.1.; and that, since such an act is unlawful, legal proceedings may be initiated against them.
8.6. All kinds of applications, content or code, or other items or data, downloaded via the falavanga.com Site shall be used within the scope of Intellectual and Industrial Property Law, the relevant laws and international conventions, and subject to the terms of use mentioned herein. The User knows and accepts that any use contrary to this may be subject to criminal and civil proceedings under the said regulations.
8.7. falavanga.com has the right and authority to suspend temporarily or permanently and/or to close permanently user accounts that have not been accessed by their owner for an uninterrupted period of 6 months and are therefore inactive.
9. USER CONNECTION AND HARDWARE
9.1. It is the User’s obligation to have the hardware and connection infrastructure necessary for access and connection, and to meet the related requirements. falavanga.com has no responsibility in this respect.
9.2. All kinds of malfunctions relating to the internet connection arising from service providers, the infrastructure or the User are solely the responsibility of the User.
9.3. falavanga.com will make use of the highest possible technological measures to ensure the security of the accounts the User uses while benefiting from the services and content of falavanga.com.
9.4. The User accepts and undertakes that they are primarily and directly responsible for their obligations to ensure the security of their accounts, and that otherwise they will have no right to make any claim against the Company in respect of account security problems that arise
9.5. The use of the Company’s content and services may require necessary and compatible devices, internet access and certain software that may be chargeable, and may require these to be updated at certain intervals and/or, in the event of an update, may affect their performance. Such reasons and circumstances may not be considered as grounds for making any claim against falavanga.com.
10. NON-LIABILITY
10.1. falavanga.com cannot be held responsible for the situation and its consequences if accounts and/or any item in those accounts are temporarily or permanently lost or become unusable due to technical reasons that may arise during the provision of falavanga.com’s services.
10.2. falavanga.com is responsible for removing the said unlawful content from the relevant accounts or from the Site content only to the extent that its technical capabilities allow, and is not liable to the relevant account holder for its actions in this regard. For the same reasons, User information may be shared with public prosecutors’ offices and law enforcement units upon duly made requests.
10.3. With regard to using falavanga.com content and services, falavanga.com cannot be held responsible for the consequences of the User being prohibited, under the laws in force in the country or region where the User is located, from benefiting from these services and content, regardless of the date from which such prohibition applies.
10.4. Since some content made available to users via the falavanga.com site is, as separately indicated, content that can be published only by providing access to it via the site, without the publication and licence rights belonging to falavanga.com, account ownership, access authorisations and information requests from official authorities and bodies relating to such content are the responsibility only and solely of the publisher of the publication or content, and no information or data is held by falavanga.com in respect of these matters. Just as users have no right of claim against the Company, or any relationship forming the basis for such a claim, on account of the publications and content referred to in this paragraph, information requests of official authorities and bodies concerning such content and publications may not be directed to falavanga.com or answered by falavanga.com.
11. CONFIDENTIALITY IN ACCOUNT USE
11.1. The User accepts that they are solely responsible for the obligation not to share with any third person or institution, and to keep confidential, the information providing access authorisation to the account they own in order to benefit from falavanga.com’s services and content, and undertakes to notify falavanga.com immediately of any security breach.
11.2. falavanga.com is not responsible for damage arising from unauthorised use of the User account. The User agrees to use and protect the account access information with care.
11.3. The User agrees to provide accurate and complete information when opening an account on the falavanga.com Site, when registering in any way and when using the content and services, and to update their registration information to keep it accurate and complete.
11.4. The User accepts that falavanga.com may store and use the User’s registration information in order to operate User accounts. The User accepts that they may not create an account for a person other than themselves without that person’s permission, and undertakes that they will be held personally responsible for the consequences otherwise.
11.5. falavanga.com is authorised to apply all kinds of lawful technological and legal measures to the relevant account and User if it detects transactions or acts of the User contrary to their undertakings under this clause.
11.6. Each user accepts and undertakes not to reproduce, copy, distribute or process images, texts, visual and audio images, video clips, files, databases, catalogues and lists contained within the sites in a manner that would constitute an infringement of the real or personal rights or the assets of falavanga.com and/or any other third party, and not to enter into competition, directly and/or indirectly, with falavanga.com, whether through these acts or by other means. falavanga.com cannot be held responsible in any way, directly and/or indirectly, for damage suffered or that may be suffered by third parties due to the activities of Users on the sites carried out in breach of the provisions of this agreement and the law.
12. CONSENT
12.1. Information and promotions for purposes such as new products/services, promotions, campaigns and the like, sent to the User by e-mail and/or SMS or by another means of communication by the Company and by third persons or businesses that are business or project partners of the Company, in connection with the falavanga.com Site and the services and products offered by this Site, are sent with the User’s written consent and within their knowledge and acceptance. If the User does not wish to receive the notifications or information referred to in this paragraph from falavanga.com, they may submit to falavanga.com a request to unsubscribe from membership and notifications via the facility allocated for this purpose on the falavanga.com Site.
12.2. By using the products and services of the falavanga.com Site, Users of the falavanga.com Site accept that the e-mail and SMS notifications or promotions referred to in this clause are made with their own consent and approval, in such a way that they do not constitute a breach of their personal data or unlawful storage, aggressive advertising, unfair competition or marketing.
12.3. Site Users may ensure that the information or notifications sent to them in the manner described in this paragraph are discontinued for future notifications by ticking the "I Want to Leave the Notification List" option offered to them in the relevant notification.
13. INDEMNITY AND RIGHT OF RECOURSE
13.1. THE USER, BY THIS AGREEMENT, ACCEPTS THAT ALL KINDS OF LAWSUITS, CLAIMS, DAMAGES, LOSSES, LIABILITIES AND EXPENSES ARISING DIRECTLY OR INDIRECTLY IN CONNECTION WITH THE USER’S FAULT, OR FROM THE USER’S USE OR MISUSE/INCORRECT USE OF THE SITE CONTENT, OR FROM THE USER’S BREACH OF THE SITE PRIVACY POLICY OR OTHER DOCUMENTS AND RULE DOCUMENTS, WILL ALL BE BORNE PERSONALLY AND SOLELY BY THE USER, AND THAT THE USER WILL HOLD THE COMPANY HARMLESS FROM ALL SUCH EXPENSES.
14. EXCLUSION OF WARRANTY
14.1. Falavanga.COM DOES NOT GIVE THE USER ANY UNDERTAKING OR WARRANTY REGARDING THE SITE AND ITS CONTENT AS TO DEFECTS, EVICTION, THIRD-PARTY OWNERSHIP, OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS, CONTINUITY, ACCURACY, RELIABILITY, QUALITY, UNINTERRUPTEDNESS, ANY CHARACTERISTIC OF THE CONTENT OTHER THAN WHAT IT IS, OR ANY PERIOD OF TIME OUTSIDE THE PERIOD DURING WHICH THE CONTENT EXISTS OR THE PUBLICATION CONTINUES.
14.2. THE ABOVE PROVISION ON THE EXCLUSION OF WARRANTY REGARDING Falavanga.COM’S SITE AND CONTENT MAY NOT BE INTERPRETED AS MEANING THAT Falavanga.COM HAS ENGAGED OR WILL ENGAGE IN INTENTIONAL ACTS REGARDING THE MATTERS LISTED, OR THAT IT PURSUES OR WILL PURSUE SUCH AIMS AND PRACTICES.
15. FEES AND PAYMENT
15.1. Some of the content offered from the falavanga.com Site may be paid and some may be free of charge. The right and authority to determine which content will be charged for or offered free of charge, in what way, for how long and in what manner belongs to the COMPANY. Of all kinds of publications, content and other items on the falavanga.com Site or accessed via the site, those that are free of charge may later be offered for a fee by decision of falavanga.com or as a result of requests from persons or institutions with which falavanga.com cooperates in providing the relevant content. Likewise, the authority to decide that content offered for a fee will later be offered at a lower fee or free of charge belongs to falavanga.com. If such a change occurs, Falavanga.com will inform the User via the Site in a manner that remains in place for a sufficient period of time.
15.2. All kinds of User transactions carried out via the falavanga.com Site, and their transaction fees, if any, are at the User’s discretion and responsibility.
15.3. The User may use whichever of the payment options offered by the Site they decide on and find suitable. The obligation to ensure compliance with the technical and procedural rules to which the chosen payment option is subject lies personally with the User. The right and authority to charge for the services or content offered from the falavanga.com Site, to offer them free of charge and to change their fees belongs inherently to falavanga.com.
15.4. In the case of transactions made with the Virtual POS/Credit Card payment option, the credit card information requested from the User on the payment page is in no way stored on the servers of www.falavanga.com or of the companies serving it, in order to ensure the highest level of security for Users shopping on the Site.
15.5. All of the User’s payment transactions of this kind take place between the bank and the User’s computer via the www.falavanga.com interface, and the service provided by falavanga.com in relation to these transactions is limited to that described here.
15.6. All of the User’s credit card and personal information is encrypted with the SSL Secure system, which is the internet security standard. In this way, this information is prevented from being captured in any way by unwanted persons or institutions while the User browses the internet.
15.7. The validity periods of other purchasing instruments, if any, used in acquiring and using the Content offered from the falavanga.com Site are determined, changed and regulated by falavanga.com.
15.8. The Company is not liable for compensating harmful consequences arising from payments the User makes from the Site. In disputes arising from the implementation of this agreement, the Company’s books and records shall be accepted as evidence.
16. HEADINGS AND INTERPRETATION
16.1. The clause headings used in this Agreement are included solely for ease of reading and understanding. Clause headings are not taken into account in interpreting the Agreement and do not give rise to any other legal consequence.
17. PARTIAL INVALIDITY
17.1. If any of the provisions of this Agreement is found to be invalid or unenforceable for any reason, that provision shall be reformulated to the extent necessary to make it enforceable to the maximum extent permitted, in a manner that reflects the intention of the parties, and the remainder of this Agreement shall continue in full force and effect without being affected. However, if it is determined that the relevant provision cannot be reformulated, the relevant provision shall be deemed severable from these terms and shall not affect the validity and enforceability of the remaining provisions.
18. LIMITED LIABILITY STATEMENT
18.1. Falavanga.COM SHALL NOT, WITHOUT LIMITATION AS TO TIME OR THE TERM OF THE AGREEMENT, UNDER ANY CIRCUMSTANCES OR CONDITIONS, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER LEGAL LIABILITY RULE OR PRINCIPLE, EVEN WHERE Falavanga.COM WAS AWARE OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF THE RELEVANT DAMAGES AND/OR WHERE SUCH A CLAIM OR DEMAND IS MADE, BE LIABLE IN ANY WAY TO THE USER, OR TO THIRD PARTIES IN ANY MANNER WHATSOEVER ARISING FROM THEIR CONNECTION WITH THE USER, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PERSONAL, PUNITIVE OR MULTIPLE DAMAGES ARISING FROM THE USE OR MISUSE OF THE Falavanga.COM SITE AND ITS CONTENT BY THE USER, OR FOR DAMAGES AND CONSEQUENCES ARISING FROM ANY KIND OF GROSS NEGLIGENCE.
18.2. IF THE RIGHTS AND POWERS THAT THE USER HOLDS UNDER THIS AGREEMENT ARE INFRINGED BY THIRD PARTIES, THE USER HAS THE RIGHT TO BRING AN ACTION OR FILE A COMPLAINT AGAINST THOSE COMMITTING THE INFRINGEMENT ON ACCOUNT OF THAT INFRINGEMENT. IN SUCH CASES, Falavanga.COM WILL ALWAYS SUPPORT THE USER BEFORE OFFICIAL AUTHORITIES AND BODIES BY PROVIDING THE DIGITAL DATA AND EVIDENCE IN ITS POSSESSION, IF ANY, THAT FORM THE BASIS OF THE RELEVANT RIGHT OR POWER, WITHIN THE STATUTORY RETENTION PERIOD AND PROVIDED THAT THEY ARE REQUESTED BY THE OFFICIAL AUTHORITIES OR BODIES.
18.3. THE USER MAY UNDER NO CIRCUMSTANCES OR CONDITIONS CLAIM FROM Falavanga.COM, IN CLAIMS CONCERNING THE UNDERLYING ACT OR INFRINGEMENT, IF ANY, AN AMOUNT GREATER THAN THE SINGLE PAYMENT AMOUNT FOR THE INDIVIDUAL TRANSACTION.
19. EFFECT OF FORCE MAJEURE
19.1. falavanga.com shall not be responsible for delays or for failure to perform this Agreement due to events occurring beyond the control of falavanga.com, including but not limited to its failure to perform its obligations under this Agreement due to causes and events beyond falavanga.com’s control that are very difficult to foresee, such as force majeure, natural disasters, war, terrorist attacks, riots, embargoes, actions of civil or military authorities, fire, flood, accidents, strikes or restrictions on transport facilities, and shortages of fuel, energy, labour or materials.
20. ASSIGNMENT AND TRANSFER
20.1. The User may not transfer to third persons or institutions, without the written consent of falavanga.com, any right or authority that they hold directly or indirectly under this agreement or over the services or content offered on the falavanga.com Site, regardless of whether the basis on which they hold it has the character of ownership.
20.2. falavanga.com may, at any time, transfer, assign or convey to third persons or institutions, in part or in whole, all kinds of rights or powers it holds under this Agreement or in relation to the Site Content, or its debts or obligations, provided that it notifies the User.
21. INTERPRETATION OF THE EFFECT OF THE AGREEMENT
21.1. The acceptance of this Agreement by the User, its conclusion and implementation between the Company and the User, or the User’s use of the falavanga.com Site or the Content does not create any joint venture, partnership, employment or agency relationship between the User and the Company, and may not be relied on as grounds for such an interpretation. This Agreement does not affect other contractual relationships previously concluded between its parties, if any, to the extent that they do not conflict with the provisions of this Agreement.
22. NON-WAIVER
22.1. The Company’s failure to enforce any provision of this Agreement shall in no case be interpreted as a waiver of the relevant provision now or in the future, and shall in no way affect the right of either party to enforce the relevant provision or any of the other provisions.
22.2. The Company’s express waiver of any provision or condition of this Agreement does not constitute a waiver of the obligation to act in accordance with that provision or condition in the future YOU ACKNOWLEDGE AND DECLARE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS OF USE AGREEMENT ABOVE, AND BY CLICKING THE “I ACCEPT” BUTTON BELOW YOU ACCEPT THAT YOU ARE BOUND BY THE TERMS OF THIS AGREEMENT.