Island Host Group (the “Company”) respects the privacy of its online visitors and customers of its products and services (including, but not limited to Island Host Group) and complies with applicable laws for the protection of your privacy, including, without limitation, the European Union General Data Protection Regulation (“GDPR“) and the Swiss and EU Privacy Shield Frameworks.
Definitions
Wherever we talk about Personal Data below (“Personal Data“), we mean any information that can either itself identify you as an individual (“Personally Identifying Information“) or that can be connected to you indirectly by linking it to Personally Identifying Information, for example:
(i) your account registration information on our website and in our App;
(ii) when you request any support from us or report any problem to us;
(iii) information provided from using certain services or features;
(iv) information from completion of survey or questionnaire;
(v) technical information, including the Internet protocol (IP) address used
(vi) and your log-in information, browser, time zone setting, browser plug-in types, and versions, operating system, and platform;
(vii) details of any transactions, purchases, and payments you made;
(viii) your general interaction with the website, including the full Uniform Resource Locators (URLs), clickstream to, though, and from our site, products you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information;
(ix) information received from third parties, such as business partners, sub-contractors, payment and delivery services, referrals by other users.
The Company also processes anonymous data, aggregated or not, to analyze and produce statistics related to the habits, usage patterns, and demographics of customers as a group or as individuals. Such anonymous data does not allow the identification of the customers to which it relates. the Company may share anonymous data, aggregated or not, with third parties. Please be aware that the Company may choose to permit third parties to offer subscription and/or registration-based services through the Company’s site. The Company shall not be responsible for any actions or
policies of such third parties and you should check the applicable privacy policy of such party when providing personally identifiable information.
By using the Company’s website, you signify your assent to the Company’s privacy policy. If you do not agree to this policy, please do not use the Company’s website(s).
- Why the Company Collects and Processes Data
The Company collects and processes Personal Data for the following reasons:
(a) performing our agreement with you to provide content and services, including providing, improving, and developing our services;
(b) researching, designing, and launching new features or products;
(c) providing you with alerts, updates, materials, or information about our services or other types of information that you requested or signed up to;
(d) collecting overdue amounts;
(e) responding or taking part in legal proceedings, including seeking professional advice, or for the legitimate and legal interests of the Company or a third party (e.g., the interests of our other customers);
(f) compliance with legal obligations that we are subject to;
(g) communicating with you and responding to your questions or requests;
(h) direct marketing – we require your consent specifically for this purpose and you may opt-out any time;
(i) purposes directly related or incidental to the above; or
(j) where you have given consent to it.
These reasons for collecting and processing Personal Data determine and limit what Personal Data we collect and how we use it (section 3. below), how long we store it (section 4. below), who has access to it (section 5. below) and what rights and other control mechanisms are available to you as a user (section 6. below).
- What Data We Collect and Process
3.1 Basic Account Data
When setting up an Account, the Company will collect your email address and country of residence. You are also required to choose a user name and a password. The provision of this information is necessary to register a User Account. You are responsible for keeping this password confidential. We ask you not to share a password with anyone.
During setup of your account, the account is automatically assigned a number (the “ID”) that is later used to reference your user account without directly exposing Personally-Identifying Information about you.
3.2 Transaction and Payment Data
In order to make a transaction online, you may need to provide payment data to the Company to enable the transaction. If you pay by credit card, you need to provide typical credit card information (name, address, credit card number, expiration date, and security code) to the Company, which the Company will process and transmit to the payment service provider of your choice to enable the transaction and perform anti-fraud checks. Likewise, the Company will receive data from your payment service provider for the same reasons.
3.3 Other Data You Explicitly Submit
We will collect and process Personal Data whenever you explicitly provide it to us or send it as part of communication with others, e.g. in forums, chats, or when you provide feedback or other user-generated content. This data includes:
(a) Information that you post, comment or follow in any of our Content and Services;
(b) Information sent through chat;
(c) Information you provide when you request information or support from us or purchase Content and Services from us, including information necessary to process your orders with the relevant payment merchant or, in case of physical goods, shipping providers;
(d) Information you provide to us when participating in competitions, contests, and tournaments or responding to surveys, e.g. your contact details.
3.4 Your Use of the Websites
We collect a variety of information through your general interaction with the websites, Content, and Services offered by us. Personal Data we collect may include, but is not limited to, browser and device information, data collected through automated electronic interactions, and application usage data. Likewise, we will track your process across your websites and applications to verify that you are not a bot and to optimize our services.
3.5 Your Use of Services and other Subscriptions
In order to provide you with services, we need to collect, store and use various information about your activity in our Content and Services. “Content-Related Information” includes your ID, as well as information about your preferences, progress, time spent, as well as information about the device you are using, including what operating system you are using, device settings, unique device identifiers, and crash data.
3.6 Tracking Data and Cookies
We use “Cookies”, which are text files placed on your computer, to help us analyze how users use our services, and similar technologies (e.g. web beacons, pixels, ad tags, and device identifiers) to recognize you and/or your device(s) on, off and across different devices and our services, as well as to improve the services we are offering, to improve marketing, analytics or website functionality. The use of Cookies is standard on the internet. Although most web browsers automatically accept cookies, the decision of whether to accept or not is yours. You may adjust your browser settings to prevent the reception of cookies, or to provide notification whenever a cookie is sent to you. You may refuse the use of cookies by selecting the appropriate settings on your browser. However, please note that if you do this, you may not be able to access the full functionality of our websites. When you visit any of our services, our servers log your global IP address, which is a number that is automatically assigned to the network your computer is part of.
3.7 Third Party Services
This website uses Google Analytics / Google Maps / Google Login / (“Third Party Service“). Third-Party Service uses “cookies”, which are text files placed on visitors’ computers, to help the website operators analyze how visitors use the site. The information generated by the cookie about the visitors’ use of the website will generally be transmitted to and stored by Third-Party Service on servers in the [United States]. Please be aware that Company cannot or does not control the use of cookies or the resulting information by the Third Party Service.
On behalf of the website operator, Third Party Service will use this information for the purpose of evaluating the website / location / credentials for its users, in order to compile reports on website activity and to provide other services relating to website activity and internet usage for website operators.
Third-Party Service will not associate the IP address transferred any other data held by the Company. You may refuse the use of cookies by selecting the appropriate settings on your browser. However, please note that in this case, you may not be able to use the full functionality of this website.
3.8 Content Recommendations
We may process information collected under section 3 so that content, products and services shown on the pages and in update messages displayed when launching the service can be tailored to meet your needs and populated with relevant recommendations and offers. This is done to improve your customer experience.
Subject to your separate consent or where explicitly permitted under applicable laws on email marketing, the Company may send you marketing messages about products and services offered by the Company to your email address. In such a case we may also use your collected information to customise such marketing messages as well as collect information on whether you opened such messages and which links in their text you followed.
You can opt out or withdraw your consent to receive marketing emails at any time by either withdrawing the consent on the same page where you previously provided it or clicking the “unsubscribe” link provided in every marketing email. Notwithstanding any opt out of promotional or marketing emails by you, we reserve the right to contact you regarding account status, changes to the user agreement and other matters relevant to the underlying service and/or the information collected.
3.9 Information Required to Detect Violations
We collect certain data that is required for our detection, investigation and prevention of fraud, cheating and other violations of the applicable laws (“Violations“). This data is used only for the purposes of detection, investigation, prevention and, where applicable, acting on of such Violations and stored only for the minimum amount of time needed for this purpose. If the data indicates that a Violation has occurred, we will further store the data for the establishment, exercise or defence of legal claims during the applicable statute of limitations or until a legal case related to it has been resolved. Please note that the specific data stored for this purpose may not be disclosed to you if the disclosure will compromise the mechanism through which we detect, investigate and prevent such Violations.
- How We Store Data
4.1 Period of Storage
We will store your information as long as necessary to fulfil the purposes for which the information is collected and processed or — where the applicable law provides for longer storage and retention period — for the storage and retention period required by law. In particular, if you terminate your User Account, your Personal Data will be marked for deletion except to the degree legal requirements or other prevailing legitimate purposes dictate a longer storage. All your data and credits will be lost after deletion.
4.2 Deletion of Data
In cases where Personal Data cannot be completely deleted in order to ensure the consistency of the system, the user experience or the community, your information will be permanently anonymized. Please note that the Company is required to retain certain transactional data under statutory commercial and tax law for a period of up to ten (10) years.
If you withdraw your consent on which a processing of your Personal Data, we will delete your Personal Data without undue delay to the extent that the collection and processing of the Personal Data was based on the withdrawn consent.
If you exercise a right to object to the processing of your Personal Data, we will review your objection and delete your Personal Data that we processed for the purpose to which you objected without undue delay, unless another legal basis for processing and retaining this data exists or unless applicable law requires us to retain the data.
4.3 Location of Storage
The data that we collect from you may be transferred to, and stored at USA, or a destination outside of your jurisdiction. It may also be processed by third parties who operate outside of your jurisdiction. By submitting your personal data you agree to this transfer, storing or processing of data outside of your jurisdiction. We will take all steps reasonably necessary to ensure that your data is treated securely in accordance with this privacy policy.
- Who Has Access to Data
5.1 The Company and its subsidiaries may share your Personal Data with each other and use it to the degree necessary to achieve the purposes listed in section 2 above. This includes our overseas offices, affiliates, business partners and counterparts (on a need-to-know basis only). In the event of a reorganization, sale or merger we may transfer Personal Data to the relevant or proposed transferees of our operations (or a substantial part thereof) in any part of the world.
5.2 We may also share your Personal Data with our third party providers that provide customer support services in connection with goods, Content and Services distributed via us. Your Personal Data will be used in accordance with this Privacy Policy and only as far as this is necessary for performing customer support services.
5.3 We may also share your information with our personnel, agents, advisers, auditors, contractors, financial institutions, and service providers in connection with our operations or services (for example staff engaged in the fulfilment of your order, the processing of your payment and the provision of support services); persons under a duty of confidentiality to us; or persons to whom we are required to make disclosure under applicable laws and regulations in any part of the world.
5.4 In accordance with internet standards, we may also share certain information (including your IP address and the identification of content you wish to access) with our third party network providers that provide content delivery network services and server services in connection with us. Our content delivery network providers enable the delivery of digital content you have requested, by using a system of distributed servers that deliver the content to you, based on your geographic location.
5.5 The Company may allow you to link your User Account to an account offered by a third party. If you consent to link the accounts, the Company may collect and combine information you allowed the Company to receive from a third party with information of your User Account to the degree allowed by your consent at the time. If the linking of the accounts requires the transmission of information about your person from the Company to a third party, you will be informed about it before the linking takes place and you will be given the opportunity to consent to the linking and the transmission of your information. The third party’s use of your information will be subject to the third party’s privacy policy, which we encourage you to review.
5.6 The Company may release Personal Data to comply with court orders or laws and regulations that require us to disclose such information.
5.7 We make certain data related to your User Account available to other users. This information can be accessed by anyone by querying your ID. At a minimum, the public persona name you have chosen to represent you are accessible this way. The accessibility of any additional info about you can be controlled through your user profile page; data publicly available on your profile page can be accessed automatically. While we do not knowingly share Personally Identifying Information about you such as your real name or your email address, any information you share about yourself on your public profile can be accessed, including information that may make you identifiable.
5.8 The community includes message boards, forums and/or chat areas, where users can exchange ideas and communicate with each other. When posting a message to a board, forum or chat area, please be aware that the information is being made publicly available online; therefore, you are doing so at your own risk; and that such information can be collected, correlated and used by third parties and may result in unsolicited messages from other posters or third parties and these activities are beyond our control. If your Personal Data is posted on one of our community forums against your will, please use the reporting function and the help site to request its removal.
- Your Rights and Control Mechanisms
You have the right to:
(a) check whether we hold personal data about you;
(b) access any personal data we hold about you;
(c) require us to correct any inaccuracy or error in any personal data we hold about you;
(d) request for the deletion of your personal data through the deletion of the user account.
The data protection laws of the European Economic Area and other territories grant their citizens certain rights in relation to their Personal Data. While other jurisdictions may provide fewer statutory rights to their citizens, we make the tools designed to exercise such rights available to our customers worldwide.
As a resident of the European Economic Area you have the following rights in relation to your Personal Data:
6.1 Right of Access
You have the right to access your Personal Data that we hold about you, i.e. the right to require free of charge (i) information whether your Personal Data is retained, (ii) access to and/or (iii) duplicates of the Personal Data retained. You can use the right to access your Personal Data through the Privacy Dashboard. If the request affects the rights and freedoms of others or is manifestly unfounded or excessive, we reserve the right to charge a reasonable fee (taking into account the administrative costs of providing the information or communication or taking the action requested) or refuse to act on the request.
6.2 Right to Rectification
If we process your Personal Data, we shall endeavour to ensure by implementing suitable measures that your Personal Data is accurate and up-to-date for the purposes for which it was collected. If your Personal Data is inaccurate or incomplete, you can change the information you provided via the Privacy Dashboard.
6.3. Right to Erasure
You have the right to obtain deletion by us of Personal Data concerning you by deleting your User Account via the support page.
As a result of deleting your User Account, you will lose access to services, including the User Account, Subscriptions and service-related information linked to the User Account and the possibility to access other services you are using the User Account for.
We allow you to restore your User Account during a grace period of 30 (thirty) days from the moment you request deletion of your User Account. This functionality allows you not to lose your account by mistake, because of your loss of your account credentials or due to hacking. During the suspension period, we will be able to finalize financial and other activities that you may have initiated before sending the User Account deletion request. After the grace period, Personal Data associated with your account will be deleted subject to section 4. above.
In some cases, deletion of your User Account, and therefore Personal Data deletion, is complicated. In some cases, considering the complexity and number of the requests, the period for Personal Data erasure may be extended, but for no longer than two further months.
6.4 Right to Object
When our processing of your Personal Data is based on legitimate interests according to Article 6(1)(f) of the GDPR / section 2.c) of this Privacy Policy, you have the right to object to this processing. If you object we will no longer process your Personal Data unless there are compelling and prevailing legitimate grounds for the processing as described in Article 21 of the GDPR; in particular if the data is necessary for the establishment, exercise or defence of legal claims.
You also have the right to lodge a complaint at a supervisory authority.
- Children
The minimum age to create a User Account is 18. the Company will not knowingly collect Personal Data from children under this age. Insofar as certain countries apply a higher age of consent for the collection of Personal Data, the Company requires parental consent before a User Account can be created and Personal Data associated with it collected. The Company encourages parents to instruct their children to never give out personal information when online.
- Contact Info
You can contact the Company’s data protection officer at the address below.
While we review any request sent by mail, please be aware that to combat fraud, harassment and identity theft, the only way to access, rectify or delete your data is through logging in with your User Account at www.islandhostgroup.com/secure/supporttickets.php.
Attention: Privacy Officer
- Revision Date
This privacy policy was last updated on 27 December 2021 (“Revision Date“). If you were a user before the Revision Date, it replaces the existing Privacy Policy. The Company reserves the right to change this policy at any time by notifying the users of the existence of a new privacy statement. This policy is not intended to and does not create any contractual or legal rights in or behalf of any party.
You can request a refund for nearly any unused service / purchase. www.islandhostgroup.com will, upon request via www.islandhostgroup.com/secure/supporttickets.php, issue a refund for any reason, if the request is made within 30 days of purchase, and the service / product has not been used. There are more details below, but even if you fall outside of the refund rules we’ve described, you can ask for a refund anyway and we will take a look.
You will be issued a full refund of your purchase within a week of approval. You will receive the refund through the same payment method you used to make the purchase. If for any reason, www.islandhostgroup.com is unable to issue a refund via your initial payment method, we will provide the value in equivalent credit or provide an alternate method of refund. (Some payment methods available in your jurisdiction may not support refunding a purchase back to the original payment method.)
Where Refunds Apply
Our refund offer, within 30 days of purchase and has not been used, applies to products and services on our website.
EU Right of Withdrawal Services
European law principally provides a right of withdrawal on software sales. However, it can be and typically is excluded for boxed software that has been opened and for digitally provided content once it has been made available to the end user. This is what happens when you make a transaction: The EU statutory right of withdrawal ends the moment the content and services are added to your account.
For any EU consumer:
You have the right to withdraw from any purchase of unused product / service on www.islandhostgroup.com within 14 days without giving any reason.
For any purchase products, the withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods (“Hardware Return Period”). For any transaction related to digital content, the withdrawal period will end when the content is made available to you with your prior express consent and acknowledgement that you lose your right of withdrawal.
To exercise the right of withdrawal, you must inform us of your decision to withdraw from the purchase contract by an unequivocal statement. The easiest way to do so is by informing our customer support through www.islandhostgroup.com/secure/supporttickets.php. If you do so, we will
communicate to you an acknowledgement of receipt of such a withdrawal on a durable medium (e.g. by e-mail) without delay. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from an agreement, we shall reimburse you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods to our returns warehouse without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods. If the product you wish to return was bundled with a Subscription, the Subscription is automatically cancelled with your return of the product.
Abuse
Refunds are designed to remove the risk from purchasing products or services — not as a way to get free products and services. If it appears to us that you are abusing refunds, we may stop offering them to you. We do not consider it abuse to request a refund on a title that was purchased just before a sale and then immediately rebuying that title for the sale price.
How to Request a Refund
You can request a refund or get other assistance with your purchases at www.islandhostgroup.com/secure/supporttickets.php
Revision Date
This Refund Policy was last updated on 27 December 2021 (“Revision Date“). If you were a user before the Revision Date, it replaces the existing Refund Policy.
The Island Host Group website uses cookies.
- What is a cookie?
A cookie is a small file that can be placed on your device that allows us to recognise and remember you. It is sent to your browser and stored on your computer’s hard drive or tablet or mobile device. When you visit our sites, we may collect information from you automatically through cookies or similar technology.
- How do we use cookies?
We use cookies in a range of ways to improve your experience on our site, including:
| ☑ Keeping you signed in |
| ☑ Understanding how you use our site |
| ☐ Showing you products and services that are relevant to you |
| ☐ Working with partners to personalise content and ads |
| ☐ Provide social media features and to analyse our traffic |
| ☐ Share information about your use with our social media, advertising and analytics partners |
| ☑ Analyse how our site is being used, measure the number of visitors, and display advertising |
- What types of cookies do we use?
We use different types of cookies, as described below:
Necessary – Cookies that are essential to provide you with the services you have requested. For example, these include the cookies that make it possible for you to stay logged into your account and make comments. If you set your browser to block these cookies, then these functions and services will not work for you. In particular, we won’t be able to save your preferences about cookies.
Statistics – cookies that measure how often you visit our sites and how you use them. We use this information to get a better sense of our users’ engagements and to improve our sites and apps so that users have a better experience. We also use third-party cookies to help with performance.
Preferences – cookies that are used to recognise you and remember your preferences or settings when you return to our site so that we can provide you with a more personalised experience. For example, the information displayed may be different depending on your location. A mix of first-party and third-party cookies are used.
Marketing – cookies that are used to collect information about your visit to our site, the content you have viewed, the links you have followed, and information about your browser, device, and your IP address. These cookies will allow us to show you advertisements that we believe may interest you.
The advertising techniques we use do not collect information such as your name, email address, postal address, or phone number. We sometimes use information such as your IP address and browser type and also sometimes share some limited aspects of this with third parties for advertising purposes.
- How to manage cookies?
You can manage the use of cookies, including advertising cookies, and disable the sharing of data with partners for advertising purposes by clicking the privacy settings link in the footer.
It is also possible to stop your browser from accepting cookies altogether by changing your browser’s cookie settings. You can usually find these settings in the “options” or “preferences” menu of your browser.
- Contact Info
If you have any questions concerning our Cookie Policy, you can contact our data protection officer at www.islandhostgroup.com/secure/supporttickets.php
- Revision Date
This Agreement was last updated on 27 December 2021 (“Revision Date“). If you were a user before the Revision Date, it replaces the existing Cookie Policy.
1.1. www.islandhostgroup.com, a website (“Website”); and
1.2. such other websites and software through which we render Services to you from time to time (together with the Website, “Marketplace”).
- Scope and Agreement
2.1. Before you may become a user of the Marketplace, you must read and accept all of the terms and conditions in, and linked to, these Terms and Conditions (“Agreement”) and the Marketplace’s Privacy Policy (“Privacy Policy”).
2.2. These Terms and Conditions are an agreement between you and us about your use of the information, software, products, and services contained in or made available on the Marketplace. This Agreement governs any use of Marketplace as users. By accepting these Terms and Conditions, you agree that this Agreement and Privacy Policy will apply whenever you use the services provided on the Marketplace. The agreement applies to any of our domains and sub-domains.
2.3. In addition, some services offered through the Marketplace may be subject to additional terms and conditions promulgated by us from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
2.4. You are responsible for ensuring that all persons who access the Marketplace through your internet connection are aware of these Terms and Conditions and that they comply with them.
- Using the Marketplace
3.1. While using the Marketplace and/or the Website, and any Services, you will not:
3.1.1. post items that fall under an inappropriate category or areas on the Marketplace or the Website;
3.1.2. violate any laws, third party rights, or our policies such as Prohibited Content and Activities (as defined and of which details are set out in section 7 below);
3.1.3. use our sites or services if you are not able to form legally binding contracts under the applicable laws, are under the age of 18, or are suspended from the Marketplace.
3.1.4. manipulate or interfere with other users’ listings and content;
3.1.5. circumvent or manipulate our fee structure, the billing process or fees owed to us;
3.1.6. post false, inaccurate, misleading defamatory, libellous content or personal or private information in relation to other users;
3.1.7. distribute or post spam, chain letters, or pyramid schemes;
3.1.8. distribute through the Marketplace of any viruses, worms or any other technologies that may harm or cause detriment to the interests of the Marketplace, the Website or the interests or property of other the Marketplace users;
3.1.9. defame, abuse, harass, stalk, threaten or otherwise breach the legal rights (such as rights of privacy and publicity) of others;
3.1.10. restrict or inhibit any other user from using and enjoying the Services;
3.1.11. copy, modify and/or distribute content from the Website and its sub-domains, including our copyrights and trademarks without our written permission; or
3.1.12. harvest or otherwise collect any data or information about users without their consent.
3.2. We may limit, suspend, or terminate our service and user accounts, prohibit access to our sites and their content, delay or remove hosted content, and take technical and legal steps to keep users off the Marketplace if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies. Additionally, we may, in appropriate circumstances and at our discretion, suspend or terminate accounts of users who may be repeat infringers of intellectual property rights of third parties. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time.
3.3. We have no obligation to monitor any services provided on the Marketplace. However, we reserve the right to review any posted materials and to remove any materials at our sole discretion. We reserve the right to terminate your access to the Marketplace or disallow you from using any of our services at any time without notice if we reasonably believe that you have breached these terms.
- Fees, Renewal and Refund
4.1. From time to time, we may offer different subscriptions, and the fees for such subscriptions may vary.
4.2. Due to the nature of our service, once your paid service starts, any fees are non-refundable under any circumstances.
4.3. Any refund induces 5% of the total amount as a handling fee.
4.4. If you agree to automatically renew your paid subscription, you authorize us (without notice to you) to collect the applicable fees, using any valid payment source we have on record for you (if applicable).
4.5. Services offered by us may be changed/varied from time to time. If you do not agree with the changes/variation which has/have been made, you have the right to reject the change by unsubscribing from our Services. Please, therefore, make sure you read any such notification of changes/variation. Neither the Island Host Group (“Company”) nor any company within our group, and our and their respective agents, employees and subcontractors, shall be liable to you or any other party for any losses or damages whatsoever or howsoever arising in any changes/variation of our Services. No refund of any amount paid shall be granted under any circumstances.
4.6. Termination/Cancellation: You may cancel your Account at any time within email enquiry@techlutionservice.com for instructions. Upon termination of the Services by either party for any reason:
4.6.1. the Marketplace will cease providing you with the Services and you will no longer be able to access your Account;
4.6.2. Any outstanding balance owed to the Marketplace for your use of the Services through the effective date of such termination will immediately become due and payable in full; and
4.6.3. your store website will be taken offline.
4.6.4. If you purchased a domain name through the Marketplace, upon cancellation your domain will no longer be automatically renewed.
4.7. Your domain names given away from yearly paid subscriptions are owned by the Marketplace. Any domain name transferring actions will cost you a certain amount of money. The domain names will be renewed every year automatically along with your yearly paid subscriptions renewal.
4.8. Your Secure Sockets Layer (SSL) certificates given away from yearly paid subscriptions are owned by the Marketplace. The SSL certificates will be renewed every year automatically along with your yearly paid subscriptions renewal.
4.9. Once your account is set up with a custom domain, subsequent modification of custom domain settings will induce a handling fee.
4.10. If you fail to provide an on-time full-subscription payment, the Company reserves the right to cancel your account.
4.11. We reserve the right to modify or terminate the Marketplace Service or your Account for any reason, without notice at any time.
4.12. Fraud: Without limiting any other remedies, the Marketplace may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with your Site.
4.13. If you violate any of these Terms and Conditions, the Company reserves the right to terminate your Marketplace user right immediately. You will not continue to have access to the Website and services.
- The Marketplace is an eCommerce website builder
5.1. You acknowledge that the Marketplace is a platform for users to create their own eCommerce website. We are not involved in the actual transaction between sellers and buyers on users’ websites. We have no control over and do not guarantee the quality, safety or legality of items posted, the truth or accuracy of the representations made by users in respect of their items listed on their website. If you purchase any of the products or services offered by these users, you are purchasing directly from those third parties, not from the Company. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their websites). We do not assume any responsibility or liability for any actions, product, and content of all these and any other third parties, You should carefully review their privacy statements and other conditions of use.
5.2. In the event that a dispute arises between you and one or more users, you release the Company (and our staff, subcontractors and all affiliated parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
5.3. We do not control the information provided by other users that are made available through our system. You may find other user’s information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe exchange when using the Site. Please note that there are also risks of dealing with underage persons or people acting under false pretence. By using this Site, you agree to accept such risks and we are not responsible for the acts or omissions of users on the Marketplace.
5.4. We aim to update the Platform regularly and can change the service and content at any time. We will use our reasonable efforts to keep the Platform available to you, but if necessary, we may suspend your access to the Platform. We will not be liable if for any reason the Platform is unavailable at any time or for any period.
- Prohibited Content and Activities
6.1. You are solely responsible for your conduct and activities on the Marketplace which includes but not limited to publishing any text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, “Content”) that you submit, post, and display on the Marketplace.
6.2. The following activities are prohibited:
6.2.1. Violate this Agreement, any site policy, or any applicable law, statute, ordinance or regulation;
6.2.2. Post any content that has been identified as hazardous under the applicable laws;
6.2.3. Post any content that violates laws or regulations or violates the rights of third parties;
6.2.4. Post any content that is false, inaccurate or misleading;
6.2.5. Post any content that is fraudulent or involve the transaction of illegal, counterfeit or stolen items
6.2.6. Post hateful content
6.2.7. infringe upon any third-party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy;
6.2.8. Post materials that are defamatory, trade libellous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including our staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through, for example, the use of similar email address, nicknames, or creation of a false account(s) or any other method or device;
6.2.9. Post materials that are obscene or contain child pornography;
6.2.10. Post any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
6.2.11. Post images that are not part of and/or related to a product;
6.2.12. Modify, adapt or hack the Website or the Marketplace, or create another website or mobile device application so as to falsely imply that it is associated with the Marketplace;
6.2.13. Appear to create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; or
6.2.14. Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement, the Privacy Policy, or other policy documents as posted on the Website. Furthermore, you may not list any item on the Marketplace (or consummate any transaction that was initiated using the Marketplace’s service) that could cause us to violate any applicable law, statute, ordinance or regulation, or that violates these Terms and Conditions.
6.3. We reserve the right to remove any Content posted by any user onto the Marketplace which falls under any of the categories as described in clause 7.1 and 7.2 above or any Content which is inappropriate for posting on the Marketplace in the sole discretion of us. We also reserve the right to immediately terminate the user’s access to our Service.
- Limitation of Liability
7.1. You guarantee that your store and your merchandise (including but not limited to introduction, description, data, program, design, logo, image file, name and trademark, etc.) will not violate the provisions of the law or violate the rights of third parties. If there is any violation of laws and regulations or the rights of third parties, you shall be responsible for it independently of the company.
7.2. You guarantee that the product copy or advertisement of the products shall apply for permission or comply with statutory requirements in accordance with laws and regulations, and shall not publish or publish any objects or information that are not suitable for publication or publication in this service, such as violations of laws or infringement of the rights of third parties.
- Content
8.1. We will not own the materials you provide to us (including feedback and suggestions) or post, upload, input or submit to us through the Marketplace or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission, you are granting us, its affiliated companies and necessary third parties a license solely to enable us to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission.
8.2. No compensation will be paid in relation to the use of your Submission, as provided in these Terms and Conditions. We are under no obligation to post or use any Submission you provide and may remove any Submission at any time at our sole discretion.
8.3. By providing a Submission to us through the Marketplace, it becomes possible for a third-party website or a third-party person to re-post that Submission. You agree to hold us harmless for any dispute concerning this use. If you choose to display your own Marketplace -hosted image on another website, the image must provide a link back to its listing page on the Website.
8.4. By posting, uploading, inputting, providing or submitting your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. You agree that the Submissions you submit will not contain third party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Us all of the license rights granted herein. You further agree that you will not submit on the Website any Submissions or other material that is contrary to applicable local, national, and international laws and regulations.
We do not endorse any Submission submitted to the Website by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and We expressly disclaim any and all liability in connection with the Submissions. We do not permit copyright infringing activities and infringement of intellectual property rights, and we will remove all Submissions if properly notified that such Submission infringes on another intellectual property rights. We reserve the right to remove Submission without prior notice.
8.5. As part of a transaction conducted via the Marketplace, you may obtain personal information, including email address and shipping information from another user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for Marketplace related communications. You acknowledge that We are not granting you a license to use such information for unsolicited commercial messages or direct or indirect marketing. Without expressed consent from the user, you are not licensed or permitted to add any user to your email or physical mail list. For more information, please see our Privacy Policy.
- Links to third party websites or third party services
9.1. Linked websites (“Linked Website”) are not under our control and we are not responsible for the contents of any Linked Website including, without limitation, any link contained in a Linked Website, or any changes or updates to a Linked Website. We are not responsible for any information you received from any Linked Website. We are providing these links to you only as a convenience, and the inclusion of any link does not mean we endorse the site or have any association with its operators. These Terms and Conditions do not cover your interaction with Linked Websites, and you should carefully review the Terms and Conditions and privacy policies of any third-party sites. We do not review, approve, monitor, endorse, warrant, or have any association with its operators or make any representations with respect to them, or any content, products or services accessible through such links. Your use of all Linked Websites is at your own risk.
9.2. You agree that we are not responsible for any loss, injury, claim, liability, or damage (“Loss”) related to your use of any Linked Website on the Marketplace.
9.3. The Website and some of the articles on the Website contain links to other resources and businesses on the Internet. We provide these citations and aids to help you identify and locate other Internet resources that may be of interest. The citations do not mean that we sponsor, are affiliated with or associated with, or legally authorised to use, any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol in the links.
9.4. Certain services made available via the Marketplace may be delivered by third parties. By using any product, service or functionality originating from the Website or the Marketplace, you acknowledge and consent that we may share such information and data with any third party with whom we have a contractual relationship to provide the requested product, service or functionality for the Website’s users and customers.
- Privacy
10.1. Protecting your privacy is very important to us. Please review our Privacy Policy, which explains how we treat your personal information and protect your privacy.
10.2. Except as provided in our Privacy Policy, we will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your express consent.
10.3. We reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at our discretion.
- Intellectual Property
11.1. The Marketplace’s graphics, logos, designs, page headers, button icons, scripts, and service names are the intellectual properties of the Company and may not be used, including as part of trademark and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion. You agree that the Website including but not limited to all content included in or made available on the Website such as the Marketplace’s graphics, logos, designs, page headers, button icons, scripts, and service names are the intellectual properties of the Company, including all copyrights, trademarks, trade secrets, patents, and other intellectual property (“Company IP”). You agree that the Company owns all right, title and interest in and to the Company IP and shall not be used for any unlawful or infringing purpose, including as part of trademark and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
11.2. The names of actual companies and products mentioned on the Marketplace may be the trademarks of their respective owners.
- Modification of these Terms and Conditions
12.1. We reserve the right to change the Terms and Conditions under which the Website is offered. We will give notice of these changes to all registered users where such changes will result in a material reduction in the availability, benefits and features of the Website. In all other circumstances, we will not give notice to you. You may want to periodically review this Agreement to understand the most recent rules.
If you don’t agree to the amendments or to any of the terms in this Agreement, your only remedy is to cancel your account or to cease use of the affected membership(s). We shall not have any obligation to refund any fees that may have accrued to your Account before cancellation of your account or cessation of use of any membership, nor shall we have any obligation to prorate any fees in such circumstances.
12.2. You understand and agree that your use of the Website after the date on which the Agreement has changed will be treated as acceptance of the updated Agreement.
- General Agreement
13.1. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or your use of the Website.
13.2. Our performance of this Agreement is subject to existing laws and legal process. Nothing contained in this Agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by us with respect to such use.
13.3. If any provision of this Agreement is determined to be invalid or unenforceable under any applicable law, then such provision will be modified to reflect the parties intention. All remaining provisions of this Agreement shall remain in full force and effect.
13.4. Unless otherwise specified, this Agreement constitutes the entire Agreement between you and us with respect to the Website and it supersedes all prior communications and proposals, whether electronic, oral or written, between you and us with respect to the Website.
13.5. You must not assign or otherwise transfer the Terms and Conditions, or any right granted under them, without our written consent. We can freely transfer our rights under the Terms and Conditions.
13.6. Any failure by us to enforce or exercise any provision of the Terms and Conditions, or any related right, will not be a waiver of that provision or right. Any rights not expressly granted in this Agreement are reserved.
13.7. We may provide you with notices, including those regarding changes to the Terms and Conditions, by email, regular mail, postings on the Website, or other reasonable means now known or developed in the future.
13.8. A printed version of the Agreement, and of any notice given in the electronic form, will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
- Dispute Resolution
This document is governed by and are to be construed in accordance with English Law.
All disputes controversy, difference or claim arising out of or in connection with this document, including any question regarding its existence, validity or termination, or any dispute regarding non-contractual obligations shall be finally settled under the arbitration rules of the London Court of International Arbitration by one or more arbitrators appointed in accordance with the said rules. The seat of Arbitration shall be London and proceedings shall be conducted in English.
- Liability Disclaimer
15.1. We are not responsible for any suspension or interruption of the service or any other part of the system due to force majeure and other factors.
15.2. We do not guarantee that the system is stable and uninterrupted. Users should confirm at their own discretion whether the information uploaded or published is correct and take backup protection and other protection measures.
15.3. We only provide users with the service based on its current function and current status, and reserves the right to modify all or part of each service function at any time.
15.4. We do not guarantee the information uploaded or posted by users, and its content or transmission process is true, reliable and correct.
15.5. Although we will use reasonable efforts to keep the website available and the information on the website reasonably accurate, the Marketplace and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the website for any purpose. all such information, software, products, services and related graphics are provided “as is”. the Marketplace and/or its suppliers disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
15.6. Whilst we use our best endeavours to ensure all your data are secure and complete in the servers, we will not be liable for loss of profits or of contracts, loss of data, damage to your computer hardware or software, loss of business, loss of goodwill or reputation, loss of revenue, loss of anticipated savings, loss of business opportunity, loss of use, and/or consequential loss arising out of or in connection with this website or the information or data contained in it.
- Compensation
16.1. Users – you use the website at your own risk. neither the Marketplace nor any company within our group, and our and their respective agents, employees and subcontractors, shall be liable to you or any other party for any losses or damages whatsoever or howsoever arising in connection with the website (whether under these terms and conditions or other contract or as a result of any misrepresentation, misstatement or tortious act or omission, including negligence).
| Disclaimers | Examples |
| | The information contained in this e-mail, and any attachment, is confidential and is intended solely for the use of the intended recipient. Access, copying or re-use of the e-mail or any attachment, or any information contained therein, by any other person is not authorised. If you are not the intended recipient please return the e-mail to the sender and delete it from your computer. Although we attempt to sweep e-mail and attachments for viruses, we do not guarantee that either is virus-free and accept no liability for any damage sustained as a result of viruses. |
| For General Information Only / Use at Your Own Risk | The information contained in this Website / Application is for general information purposes only. The information is provided by Island Host Group and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is strictly at your own risk. |
| Limitation of Liability | In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this Website / Application. |
| Third-Party Links / Contents | Through this website you are able to link to other websites which are not under the control of Island Host Group. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them. Website owners and content may change without notice and may occur before we have the opportunity to remove a link that may have gone ‘bad. |
| No Responsibility for Technical Issue | Every effort is made to keep the website up and running smoothly. However, Island Host Group takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control. |
| No Responsibility for Third-Party Content | Island Host Group takes no responsibility or liability for the content provided by any third party or any use made of such content rate by the user, whether or not arising from the negligence of any of the third-party providers. |
| Third-Party Links / Contents | Through this Website you are able to link to other websites which are not under the control of Island Host Group. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them. |
| Past Performance on Financial or Investment | The performance represented is historical and that past performance is not a reliable indicator of future results and investors may not recover the full amount invested. The value of an investment can greatly fluctuate and is not guaranteed. |
| Not Investment Advice | This Website and the information contained herein is not intended to be a source of advice or analysis with respect to the material presented, and the information and/or documents contained in this website do not constitute investment advice. |
| Not Legal Advice | Nothing in the Website is intended to be a substitute for formal legal advice and should not be relied upon as such. The information should not be treated as a complete authority on law or legal practices and should be modified to meet your own individual needs under the laws of your jurisdiction. Your use of any information or forms is at your own risk. The Company and any of its employees, contractors, or attorneys who participated in providing the information expressly disclaim any warranty on the information: they are not creating or entering into any Attorney-Client relationship by providing information to you. Communications between you and the Company is NOT protected by the attorney-client privilege since the Company is NOT a law firm and is NOT providing legal advice. |
| Views / Opinions Expressed | The views and opinions expressed on this Website are those of the authors and do not necessarily reflect the official policy or position of Island Host Group. |
| Errors and Omissions | Island Host Group assumes no responsibility or liability for any errors or omissions in the content of this Website. The information contained in this Website is provided on an “as is” basis with no guarantees of completeness, accuracy, usefulness or timeliness and without any warranties of any kind whatsoever, express or implied. |
| Not Medical Advice | This Website does not contain medical / health advice. It is not intended to be a substitute for professional medical advice, diagnosis or treatment and should not be relied on as health or personal advice. The information contained in this Website is for general information purposes only. The information is provided by Island Host Group and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is strictly at your own risk. WE ARE NOT RESPONSIBLE NOR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS OR ANY OTHER INFORMATION, SERVICES OR PRODUCTS THAT YOU OBTAIN THROUGH THIS WEBSITE / APPLICATION. Always seek the advice of your physician or other qualified health care provider with any questions you may have regarding a medical condition or treatment and before undertaking a new health care regimen, and never disregard professional medical advice or delay in seeking it because of something you have read on this Website. |
| Advertising Disclosure | This Website may contain third party advertisements. NEITHER THE APPEARANCE OF THE ADVERTISEMENT ON THE WEBSITE, NOR REFERENCE TO A PRODUCT AND/ OR SERVICE WITHIN THE SAME, CONSTITUTES A GUARANTEE, ENDORSEMENT OR RECOMMENDATION BY THE ISLAND HOST GROUP OF THE QUALITY OR VALUE OF SUCH PRODUCT AND / OR SERVICE. We assume no responsibility or liability for the content provided by any third-party advertiser for inclusion on the Website. We are not responsible for the illegality or any error, omission, inaccuracy or problem in the advertiser’s content. Advertising does not influence any of our content on the Website. We reserve the right to refuse, reject, or cancel any advertisement for any reason at any time without liability. |
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Don't hesitate to contact us if you're still unsure. We are here to help our customers, but we have no trouble providing service to others who are not our clients.