Last Updated: 28 APRIL 2023
INTRODUCTION
The Terms and Conditions (“Terms”) describe how Smart Cookie Solutions Inc. (“Company,” “we,” and “our”) regulates your use of this website with domain name thegoutsite.com (“Site”). In the case that you cannot agree with any of the information or undertakings in the Terms then you must not use the Site.
Please read the following information carefully to understand our practices regarding your use of this Site.
1.0 PRIVACY POLICY
Our Privacy Policy is available on a separate page. Our Privacy Policy explains how we process information about you. You understand that through your use of our Site you acknowledge that the processing of this information shall be undertaken in accordance with the Privacy Policy.
2.0 CHILDREN UNDER 16 YEARS OF AGE
Children under 16 years of age are not permitted to use the Site. Nor are children under 16 years of age permitted to enter any personal details into any form or other location on the Site. By continuing to use the Site you are confirming that you are 16 years of age or over.
3.0 THIRD PARTY SERVICES
Links on the Site which connect to other third-party websites, applications, or platforms (“Linked Sites“) are provided for your convenience to provide further information. They do not signify that we endorse those Linked Sites. We have no responsibility for the content and any materials of Linked Sites.
It shall be your own responsibility to ensure that any products, services or information available on the Linked Sites meet your specific requirements.
You also agree that if you use, or act upon, any information contained on the Linked Sites then you are doing so of your own free will and entirely at your own risk.
4.0 INTELLECTUAL PROPERTY AND PROHIBITED USES
The company grants you a non-transferable, non-exclusive, revocable license to access and use the Site from one device in accordance with the Terms.
You shall not use the Site for unlawful or prohibited purpose. You may not use the Site in a way that may disable, damage, or interfere in the Site.
All content present on the Site includes text, code, graphics, logos, images, compilation, and software used on the Site (“Content“). The Content is the property of the Company, its contractors, or third parties with their permission, and protected by intellectual property laws that protect such rights. You agree to use all copyright and other proprietary notices or restrictions contained in the Content and you are prohibited from changing the Content.
You may not publish, transmit, modify, reverse engineer, participate in the transfer of, create and sell derivative works, or in any way use any of the Content. Your enjoyment of the Site shall not entitle you to make any illegal or disallowed use of the Content and, in particular, you shall not change proprietary rights or notices in the Content. You shall use the Content only for your personal and non-commercial use. The Company does not grant you any licenses to the intellectual property of the Company.
5.0 SUBMITTING YOUR CONTENT
By posting, uploading, inputting, providing or submitting your own Content to the Site you are granting to the Company the use of your Content in connection with the operation of the Company’s business including, but not limited to, the rights to transmit, publicly display, distribute, publicly perform, copy, reproduce, and translate your Content; and to publish your name in connection with your Content.
No compensation shall be paid with regard to the use of your Content. The Company shall have no obligation to publish or enjoy any Content you may send us and may remove your Content at any time.
By posting, uploading, inputting, providing or submitting your Content to the Site you warrant and represent that you own all of the rights to your Content.
6.0 DISCLAIMER OF CERTAIN LIABILITIES
The Content of the pages of the Site is for your general information and use only. The information is provided free of charge and is subject to change without notice.
The information available on and via the Site may include typographical errors or inaccuracies. The Company shall not be liable for these inaccuracies and errors.
The Company makes no representations about the availability, accuracy, reliability, suitability, and timeliness of the Content contained on and services available on the Site. To the maximum extent allowed by the applicable law, all such Content and services are provided on the “as is” basis. The Company disclaims all warranties and conditions regarding this Content and services, including warranties and provisions of merchantability, fitness for a certain purpose.
To the maximum extent permitted by the applicable law, in no event shall the Company be liable for any direct, indirect, incidental, consequential, special, or punitive damages including, but not limited to, damages for loss of enjoyment, data or profits, in the connection with the enjoyment or execution of the Site in the context of the inability or delay to enjoy the Site or its services, or for any Content of the Site, or otherwise arising out of the enjoyment of the Site, based on contract and non-contract liability or other reason.
If the exclusion or limitation of liability for damages, whether consequential or incidental, are prohibited in a particular case, the exclusion or limitation of liability shall not apply to you.
7.0 INDEMNIFICATION
You agree to indemnify, defend and hold harmless the Company, its managers, directors, employees, agents, and third parties, for any costs, losses, expenses (including attorneys’ fees), liabilities regarding or arising out of your enjoyment of, or inability to enjoy, the Site or its services and Company’s services and products, your violation of the Terms or your violation of any rights of third parties, or your violation of the applicable law. They may assume the exclusive defence and you shall cooperate with the Company in asserting any available defences.
8.0 TERMINATION AND ACCESS RESTRICTION
The Company may terminate your access and account to the Site and its related services or any part at any time, without notice, in case of your violation of the Terms.
9.0 MISCELLANEOUS
The governing law of the Terms shall be the substantive laws of the country where the Company is set up, except the conflict of laws rules. You shall not use the Site in jurisdictions that do not give effect to all provisions of the Terms.
No joint venture, partnership, employment, or agency relationship shall be implied between you and the Company as a result of the Terms or use of the Site.
Nothing in the Terms shall be a derogation of the Company’s right to comply with governmental, court, police, and law enforcement requests or requirements regarding your enjoyment of the Site.
If any part of the Terms is determined to be void or unenforceable in accordance with applicable law then the void or unenforceable clauses will be deemed superseded by valid and enforceable clauses shall be similar to the original version of the Terms and other parts and sections of the Terms shall be applicable to you and the Company.
The Terms constitute the entire agreement between you and the Company regarding the enjoyment of the Site and the Terms supersede all prior or communications and offers, whether electronic, oral or written, between you and the Company.
The Company and its affiliates shall not be liable for a failure or delay to fulfil its obligations where the failure or delay results from any cause beyond the Company’s reasonable control, including technical failures, natural disasters, blockages, embargoes, riots, acts, regulation, legislation, or orders of government, terroristic acts, war, or any other force outside of Company’s control.
In case of controversies, demands, claims, disputes, or causes of action between the Company and you relating to the Site or other related issues, or the Terms, you and the Company agree to attempt to resolve such controversies, demands, claims, disputes, or causes of action by good faith negotiation, and in case of failure of such negotiation, exclusively through the courts of the country where the Company is set up.
We reserve the right to revise this document at any time.
10.0 Complaints
We are committed to resolve any complaints about our collection or use of your personal data. If you would like to make a complaint regarding this Terms or our practices in relation to your personal data, please contact us at the email address given in Section 11.0 below. We will reply to your complaint as soon as we can and in any event, within 30 days. We hope to resolve any complaint brought to our attention, however if you feel that your complaint has not been adequately resolved, you reserve the right to contact your local data protection supervisory authority
11.0 Contact Information
We welcome your comments or questions about this Terms. You may contact us by email at: info@thegoutsite.com. Please include the name of the Site and / or its domain name.