TERMS AND CONDITIONS OF SERVICE OF
The Agreement was last updated on 10/30/17.
- Thank you for engaging our services on Value Crawler (“the Company”) at ‘com’ (“Website”) owned and operated by Value Crawler located at Info@valuecrawler.com.
- By engaging our services and/or clicking to accept this Agreement or using or accessing any of the Company or related services, you agree to all the terms and conditions of the Agreement.
- If you are using or ordering the Company’s service(s), related service(s) and/or purchasing a services on behalf of a Company or other entity, then “Customer” or “you” means that entity, and you are binding that entity to the You represent and warrant that you have the legal power and authority to enter into the Agreement and that, if the Customer is an entity, the Agreement is entered into by an employee or agent with all necessary authority to bind that entity to the Agreement.
- The terms and conditions of the Agreement (together with any other terms and conditions agreed in writing between the Company and the Client from time to time) constitute the entire agreement between the parties and supersede any previous agreement(s) or understanding(s) and may not be varied except with notice from the Company.
- No failure or delay by the Company in exercising any of its rights under the Agreement shall be deemed to be a waiver of that right, and no waiver by the Company of any breach of the Contract by the Client shall be considered as a waiver of any subsequent breach of the same or any other provision.
DEFINITION AND INTERPRETATION
- The following words used herein have the following definitions and meanings :-
- ‘Authorised Users’ refers to the Client’s employees, agents, contractor, third parties, staffs or any entity that is duly authorized to act on behalf of the Client.
- ‘Client’ refers to you as the receiver of the Services and will also include inter alia, to your employees, agents, contractor, third parties, staffs or any entity that is duly authorized to act on behalf of you.
- ‘Parties’ collectively refers to ‘the Company’ and its employees, agents, contractor, third parties, staffs or any entity that is duly authorised to act on behalf of the Company for the carrying out of the Services as the Service Provider and ‘You’ as the Client and its authorised agents, contractors, employees or any entity duly authorised for and on behalf of you.
- ‘Services’ refers to the deals located by the Company for you from time to time as displayed on the Website (as the case may be) (subject to change).
- ‘Service Provider’ refers to the Company and/or its employees, agent, contractor, third parties, staff or any entity that is duly authorized to act on behalf of the Company for the carrying out of the Services.
- ‘We, Us or Our’ refers to the Company and its employees, agents, contractor, third parties, staffs or any entity that is duly authorized to act on behalf of the Company for the carrying out of the Services.
- ‘You or your’ refers to the Client.
- General terms of the Services
- The Company shall provide the Services to the Client subject to the terms and conditions contained herein or any other reference to documents referred to by the Company to the Client or such other terms and conditions as may be agreed in writing between the Company and the Client.
- The Company shall provide to the Client all Services as specified on the Company’s website.
- Responsibilities, Obligations and Due Diligence
- At the absolute discretion of the Company, it will provide the Client with the Services in its best endeavor to the Client.
- In the event that the Company is unable to provide the Services within a reasonable period
- The Client shall not request the Company to perform Services which are immoral or unlawful in nature. The decision will be at the absolute discretion of the Company.
- The Client shall not request the Company to perform Services to, from and for people or places where the Company’s staffs, employees, agents and any other duly authorized entities of the Company may experience any form of abuse, bodily harm or death.
- The Client acknowledges that a breach by him or her obligations hereunder will cause irreparable harm to the Company, by vitiating the intent and purpose of the transaction contemplated hereby.
- Accordingly, the Client acknowledges that the remedy at law for a breach of its obligations herein will be inadequate and agrees, in the event of a breach of threatened breach by the Client of the provisions herein, the Company shall be entitled, in addition to all available remedies at law or in equity the claim for loss and damages and such claim shall be based on the contractual price of the services notwithstanding a discount applied.
- In the event that the Client breaches this Agreement, it will have forfeited its benefit of the discount provided by the Company (as the case may be) and the Company shall claim in full the original contractual price for the respective services provided or to be provided to the Client.
LIABILITY, EXCLUSION AND LIMITATIONS
- The Company warrants to the Client that it shall use all of its reasonable endeavors to provide the Services using reasonable care and skill and as far as reasonably possible, in accordance with the Client’s order.
- The Company will not exclude or limit liability for its negligence or negligent omission which causes personal injury or death.
- The Company shall not be liable for any loss, cost, expense or damage of any nature whatsoever (whether direct or indirect) resulting from the use of Services except where it is expressly determined that a person acting under the direct instruction of the Company has knowingly acted in a negligent manner.
- The Company shall have no liability to the Client for any loss, damage, costs, expenses or other claims for compensation arising from requests or instructions supplied by the Client which are incomplete, incorrect or inaccurate or any other fault of the Client.
- The Company shall not be liable or be deemed to be in breach of the Agreement by reason of any delay in performing, or any failure, any of the Company’s obligations in relation to the Services, if the delay or failure was due to any cause beyond the Company’s reasonable control.
- Subject to the provisions of the terms and conditions contained herein, the maximum liability of the Company to the Client for breach of any of its obligations hereunder shall be limited to the value of the Charge (provided that the Charge has at such time been paid by the Client in full).
DISCLOSURE OF INFORMATION
- Unless the Company receives notice from the Client to the contrary, the Company shall from time to time provide to the Client (by post, telephone or email) such information in relation to the Services that the Company considers may be of interest to the Client.
- The Company may update or modify this Agreement from time to time. If the Company modifies the Agreement during the Services, the modified version will take effect upon the next Service.
- Client may be required to check the update version from time to time after the modified version takes effect, in any event the continued use of the Services shall constitute acceptance of the modified version.
- If any provision of this Agreement is found by any Court of competent jurisdiction to be unenforceable or invalid, that provision will be limited to the minimum extent necessary so that this Agreement may otherwise remain in effect.
- Neither Party will be liable for any delay or failure to perform its obligations under the Agreement (except payment obligations) if the delay or failure is due to causes beyond its reasonable control, such as a strike, blockade, war, act of terrorism, riot, natural disaster, failure or reduction of power or telecommunications or data networks or services, or government act.
- Nothing in the Agreement prevents the Company from disclosing Client information and data to the extent required by law, subpoenas, or court orders, but the Company will use commercially reasonable efforts to notify Client where permitted to do so.
- The Agreement will bind and inure to the benefit of each Party’s permitted successors and assigns. Neither Party may assign the Agreement without the advance written consent of the other party, except that the Company may assign the Agreement without consent to an affiliate or in connection with a merger, reorganization, acquisition or other transfer of all or substantially all of its assets or voting securities.
- The Agreement represents the parties’ complete and exclusive understanding relating to the Agreement’s subject matter. It supersedes all prior or contemporaneous oral communications, proposals and representations with respect to the Company or any other subject matter covered by this Agreement.
GOVERNING LAW, JURISDICTION AND VENUE
- This Agreement is governed by the laws in the state of Arizona without regard to choice or conflict of law rules thereof.
- The Company welcomes your questions or comments regarding the foregoing
Address: Virtual Telecoms
10105 E. Via Linda, Suite 103-214
Scottsdale AZ, 85258
Effective as of 10/30/17
- Value Crawler (“the Company”) located at ‘com’ (“the Website”) provides independent deal finding services on the Website.
- The Company is not, inter alia, professionals and in no event whatsoever is the Company claiming to be.
- The contents on the Website are not, without limitations, advice and/or professional advice and should not be construed and/or considered to be.
- No warranties
- The general information on the Website is provided without any representations or warranties express or implied.
- Without limiting the scope of Section 4.1, we do not warrant and/or represent that the information on the Website :-
- will be constantly available, or available at all; or
- is true, accurate, complete, current or non-misleading.
- Interactive features
- The Website may include interactive features that allow users to communicate with us.
- You acknowledge that, because of the limited nature of communication through the Website’s interactive features, any assistance you may receive using any such features is likely to be incomplete and may even be misleading.
- Any assistance you may receive using any of the Website’s interactive features does not constitute specific advice and accordingly should not be relied upon without further independent confirmation.
CONTENTS ON THE WEBSITE
- All information contained, posted and/or displayed on the Website is for information purposes only.
- The Company is not and will not be liable, either expressly or in an implied manner, and is not responsible for any physical and/or emotional problems that may and/or could occur from any of the information whether for nutrition or otherwise on the W
DISCLAIMER OF WARRANTIES
- You agree that use of the Website is at your sole risk. All information and content are provided on an “as is” and “as available” basis.
- The Company, its affiliates, agents and licensors cannot and do not warrant the accuracy, completeness, correctness, non-infringement, merchantability, or fitness for a particular purpose of the information, materials and/or content available through the Website.
- The Company does not guarantee the Website to be error-free, secure, continuously available or free of viruses or other harmful components.
- You also agree that if you rely on any data or information obtained through the Website, you do so at your own risk. You are solely responsible for any damage or loss that results from your use of any material and/or data.
- The Company and the contents and/or information on the Website are provided with the understanding that neither the Company nor its users, while such users are participating in the sites, are engaged in rendering legal, medical, counselling or other professional services or advice. The contents and/or information on the website are not substitute for professional services or advice.
- The Company its affiliates, agents, and licensors make no warranty regarding any goods or services referred to, advertised on, or obtained through the Websites including without limitations, references to websites, other than those express warranties the Company itself specifically makes.
LIMITATION OF LIABILITY
- Under no circumstances will the Company or its affiliates, agents or licensors be liable to you or anyone else for including but not limited to any loss and/or damages arising out of your use of any of the Website, including, without limitation, liability for consequential, special, incidental, indirect, or similar damages, even if we are advised beforehand of the possibility of such damages.
- Without prejudice to Clause 14 herein, nothing in this disclaimer will :-
- limit or exclude any liability for death or personal injury resulting from negligence;
- limit or exclude any liability for fraud or fraudulent misrepresentation;
- limit any liabilities in any way that is not permitted under applicable law; or
- exclude any liability that may not be excluded under applicable law.
THIRD PARTY LIABILITY
- By using the Website, you agree and consent that any loss and/or damages arising out of or in connection to, without limitation to the negligence, fault, mistake, misrepresentation and/or fraud of any third party and/or any services provided to you by the third party is the responsibility and liability of the individual and/or group of third party, and you hereby agree that you will only claim against and seek relief against the third party and the Company will be free of any liability/responsibility whatsoever.
- In the event that the Company becomes a party to the third party proceedings, you agree to indemnify, defend and hold harmless, without limitations, the Company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of without limitations, the negligence, fault, mistake, misrepresentation and/or fraud of the third party.
Effective as of 10/30/17
Updated as at 10/30/17
- Your privacy on the Internet is of the utmost importance to us. We will never share your personal information with any third party, but because we may gather certain types of information about our users, we feel you should fully understand our policy and the terms and conditions surrounding the capture and use of that information. This privacy statement discloses what information we gather and how we use it.
- The private information you provide on the Website will be used only for its intended purpose.
- As a general rule, the Company does not collect personal information about you when you visit the Website, unless you choose to provide such information to us. Submitting personal information through the Website is voluntary. By doing so, you are giving the Company your permission to use the information for the stated purpose.
- If you choose to provide us with personal information on the Website, through methods such as sending us an email either directly or at firstname.lastname@example.org, we may use that information to help us provide you with information (collectively referred to as (“the Information”)).
- We may also use the personal information to respond to any of your message(s) and/or feedback(s). The information we may receive from you varies based on what you do when visiting the
COLLECTION OF PERSONAL INFORMATION
- By using the Website and its functions, you may provide basic information such as including but not limited to your name, phone number, address and email address which allows us to send information, provide updates and/or process the type of Information you so desire.
- The Company encourages you to review the privacy statements of websites you choose to link to from the Company so that you can understand how those websites collect, use and share your information (“Third Party Website”). The Company is not responsible for the privacy statements or other contents on the Third Party Website outside of the Company’s
THE NATURE OF PERSONAL INFORMATION WE COLLECT
- Personal information we collect which you may provide to us includes, inter alia:-
- ‘Identifying information’ (i.e. name, date and place of birth, gender, age); and
- ‘Contact information’ (i.e. home / office address, home / mobile / office phone numbers).
- As a general rule, you have the right not to provide the foregoing information when dealing with the Company and/or when we provide the Information to you.
AUTOMATICALLY COLLECTED INFORMATION
- We collect and temporarily store certain information about your visit for use in site management and security purposes only. We collect and analyse this information because it helps us to better design the Website to suit your needs. We may also automatically collect information about the web content you view in the event of a known security or virus threat.
The information includes, inter alia :-
- The internet domain name from which you access our website (for example, “xcompany.com” if you use a private internet access account, or “yourschool.edu” if you connect from an educational domain);
- The internet protocol (“IP”) address (a unique number for each computer connected to the internet) from which you access our Website;
- The type of browser used to access our Website;
- The operating system used to access our Website;
- The date and time you access our Website;
- The Universal Resource Locators (“URLs”) or address of the pages you visit;
- Your username, if it was used to log in to the Website; and
- If you visited this Website from another website, the URL of the forwarding site.
INFORMATION COLLECTED FOR TRACKING AND CUSTOMIZATION (COOKIES)
- A ‘cookie’ is a small file that a website transfers to your computer to allow it to remember specific information about your session while you are connected. Your computer will only share the information in the cookie with the website that provided it, and no other website can request it. There are two types of cookies:
- ‘Session’: Session cookies last only as long as your web browser is open. Once you close your browser, the cookie is deleted. Websites may use session cookies for technical purposes such as to enable better navigation through the site, or to allow you to customize your preferences for interacting with the site.
- ‘Persistent’: Persistent cookies are saved on a user’s hard drive in order to determine which users are new to the site or are returning.
USE OF YOUR PERSONAL INFORMATION
- Personal information submitted to us through our website will be used for the purposes specified in this policy or on the relevant pages of the website.
- We may use your personal information to:
- administer our website and business;
- personalize our website for you;
- send you non-marketing commercial communications;
- send you email notifications that you have specifically requested;
- send you our email newsletter, if you have requested it (you can inform us at any time if you no longer require the newsletter);
- send you marketing communications relating to our business which we think may be of interest to you, by post or, where you have specifically agreed to this, by email or similar technology (you can inform us at any time if you no longer require marketing communications);
- deal with enquiries and complaints made by or about you relating to our website;
- keep our website secure and prevent fraud; and
- verify compliance with the terms and conditions governing the use of our website (including monitoring private messages sent through our website private messaging service).
- If you submit personal information for publication on our website, we will publish and otherwise use that information in accordance with the licence you grant to us.
- Your privacy settings can be used to limit the publication of your information on our website, and can be adjusted using privacy controls on the website.
- We will not, without your express consent, supply your personal information to any third party for the purpose of their or any other third party’s direct marketing.
DISCLOSURE OF YOUR PERSONAL INFORMATION
- Personal information may be disclosed and/or supplied between the third parties. When personal information is disclosed and/or supplied between the third parties all terms and conditions contained herein shall have effect for the purpose of protecting your personal information.
- Compliance with legal requirements for the enforcement of law, regulations, court orders, subpoena, warrant during the course of a legal proceedings or otherwise may render our need to disclose personal information.
- Personal information may also be used to protect and safeguard the copyright, trademarks, legal rights, intellectual property rights or safety of the Company.
SECURITY OF YOUR PERSONAL INFORMATION
- The Company secures your personal information from unauthorized access, use or disclosure.
CHILDREN UNDER THIRTEEN
- The Company does not knowingly collect personal information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this Website.
OPT-OUT & UNSUBSCRIBE
- The Company respects your privacy and gives you an opportunity to opt-out of receiving information in respect of the Information by contacting us at email@example.com.
- The Company welcomes your questions or comments regarding the foregoing Terms.
- Please find us at firstname.lastname@example.org. You could also contact us at
Address: Virtual Telecoms
10105 E. Via Linda, Suite 103-214
Scottsdale AZ, 85258
Effective as of 10/30/17.