Netfluence terms and conditions of service

Introduction

These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and [Netfluence], the owner and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.

In these terms and conditions, User or Users means any third party that accesses the Website and is not either (i) employed by [Netfluence] and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to [Netfluence] and accessing the Website in connection with the provision of such services.

You must be at least [18] years of age to use this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least [18] years of age.

Intellectual property and acceptable use

  1. All Content included on the Website, unless uploaded by Users, is the property of [Netfluence], our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission.
  2. You may, for your own personal, non-commercial use only, do the following:
    1. retrieve, display and view the Content on a computer screen.
  3. You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of [Netfluence].

Prohibited use

  1. You may not use the Website for any of the following purposes:
    1. in any way which causes, or may cause, damage to the Website or interferes with any other person’s use or enjoyment of the Website;
    2. in any way which is harmful, unlawful, illegal, abusive, insulting, harassing, slandering, disparaging, threatening or discriminating based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
    3. for making, transmitting or storing electronic copies of personal data or a content protected by copyright without the permission of the owner;
    4. accessing/sharing/downloading/uploading illegal content, including, but not limited to, child pornography or content perceived to be child pornography;
    5. sending or transmitting unsolicited advertisements or content (“spam”) over the Services, via e-mail or any other communication channel;
    6. attempting to access, probe, or connect to computing devices without proper authorization (i.e., any form of “hacking”);
    7. infringing upon or violating our intellectual property rights or the intellectual property rights of others;
    8. promoting illegal activities, or providing means for/helping other people commit illegal activities by providing instructional information.
  2. The account of any user found involved in any of the aforementioned activities will be suspended immediately without notice. Additionally, you may be held responsible for any and all damages incurred by [Netfluence], including any amounts charged by any outside entity due to said violation(s), including without limitation attorney’s fees and costs.

Registration

  1. You must ensure that the details provided by you on registration or at any time are correct and complete.
  2. You must inform us immediately of any changes to the information that you provide when registering by updating your personal details to ensure we can communicate with you effectively. 
  3. We may suspend or cancel your registration with immediate effect for any reasonable purposes or if you breach these terms and conditions.
  4. You may cancel your registration at any time by informing us in writing to the address at the end of these terms and conditions. If you do so, you must immediately stop using the Website. Cancellation or suspension of your registration does not affect any statutory rights.

Password and security

  1. When you register on this Website, you will be asked to create a password, which you should keep confidential and not disclose or share with anyone.
  2. If we have reason to believe that there is or is likely to be any misuse of the Website or breach of security, we may require you to change your password or suspend your account.

Privacy Policy and Cookies Policy

  1. Use of the Website is also governed by our Privacy Policy and Cookies Policy, which are incorporated into these terms and conditions by this reference. To view the Privacy Policy and Cookies Policy, please click on the following: [www.netfluence.org/privacy_policy] and [www.netfluence.org/cookies_policy].

Availability of the Website and Disclaimers

  1. While [Netfluence] endeavour to keep the information on the Website 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 therefore strictly at your own risk.
  2. Any online facilities, tools, services or information that [Netfluence] makes available through the Website (the “Services”) is provided “as is” and on an “as available” basis. We give no warranty that the Services will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. [Netfluence] is under no obligation to update information on the Website.
  3. Whilst [Netfluence] uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
  4. [Netfluence] accepts no liability for any disruption or non-availability of the Website.
  5. [Netfluence] reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
  6. Through the Website you may be able to link to other websites which are not under the control of [Netfluence]. 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.

General terms of payment

  1. [Netfluence] reserves the right to discontinue the Services immediately if a fraudulent payment is detected, such as the use of a stolen credit card, and such cases may be further referred to the competent authorities.

Subscriptions

  1. By subscribing to the Services, you agree to become a subscriber for the period you have selected (such as [1 month or 1 year]). All plans renew automatically at the completion of the billing term. The renewal term is by default for the same duration as the billing term for the original subscription.
  2. If you fail to fulfill your obligation of any payment (of the initial fee or a monthly fee) as a User of a paid account, we may suspend your account or delete it after an extended period of default of 30 days.

Money Back Guarantee

  1. You may cancel your account with a refund for any unused portion of the service period within [30] days of the corresponding subscription fee. Here, any unused portion of the Service period refers to the prorated remaining full days of the subscription period. Refunds or credits beyond the [30] days window will be considered, but at the sole discretion of the [Netfluence]. [Netfluence] is only obligated to refund in the original currency of payment and refunds will be processed within 30 days of the request. To request a refund, send an email with your request to [email protected].
  2. At [Netfluence’] sole discretion, we may also provide the account holders with a prorated refund for service fees paid during the period the Service was not available or usable, upon the request of the account holder. The Company is only obligated to refund in the original currency of payment and refunds will be processed within [30] days of the request.

Limitation of liability

  1. Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
  2. To the extent that the Website and its content are provided free of charge, we will not be liable to you for any loss or damage of any kind.
  3. We will not be liable to you in respect of any losses arising out of events beyond our reasonable control. 
  4. To the maximum extent permitted by law, [Netfluence] accepts no liability for any of the following:
    1. any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
    2. loss or corruption of any data, database or software;
    3. any special, indirect or consequential loss or damage.
  5. [Netfluence] shall not be kept responsible or liable in case your Instagram account or subscription is suspended, banned, terminated or restricted in any way and for any reason whatsoever by the Instagram administration, management or operator, if you use any Instagram account promotion, boost, augmentation or similar services, software, techniques, networks, collective efforts other than those provided by [Netfluence].  

General

  1. You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
  2. These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
  3. These terms and conditions together with the Privacy Policy and Cookies Policy contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.
  4. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
  5. If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
  6. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
  7. These terms and conditions shall be governed by and interpreted according to the law of England and Wales.  Any dispute, controversy or claim arising out of or relating to these terms and conditions, including any question regarding its existence, construction, validity or termination shall be finally resolved by arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce (the “SCC”). The Rules for Expedited Arbitrations shall apply, unless the SCC in its discretion determines, taking into account the complexity of the case, the amount in dispute and other circumstances, that the Arbitration Rules shall apply. In the latter case, the SCC shall also decide whether the Arbitral Tribunal shall be composed of one or three arbitrators. The seat of arbitration shall be Stockholm, Sweden. The language to be used in the arbitral proceedings shall be English.
  8. [Netfluence] is a company incorporated in [Belize], with registered number [ï] whose registered address is [ï], and it operates the Website [www.netfluence.org]. 

You can contact [Netfluence] by email on [email protected].