Last Revised: January 1st 2015
Please read this terms of service agreement carefully, as it contains important information regarding your legal rights and remedies.
This Terms of Service Agreement (“Agreement”) is entered into by and between Tarraaa, owned by a UK Limited company (WAMIguide Ltd) and you, and is made effective as of the date of your use of this website (“Site”) or the date of electronic acceptance. This Agreement sets forth the general terms and conditions of your use of the Site and the products and services purchased or accessed through this Site (individually and collectively, the “Services”), and is in addition to (not in lieu of) any specific terms and conditions that apply to the particular Services.
The terms “we”, “us” or “our” shall refer to Tarraaa. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
Tarraaa may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of this Site or the Services after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services. In addition, Tarraaa may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your personal account (“Account”) information current. Tarraaa assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address.
We strongly recommend that you ensure you are registered to receive regular email notifications. If you have opted out of receiving regular email notifications, Tarraaa assumes no liability or responsibility for your failure to receive an email notification if such failure results from you opting out of receiving regular email notifications.
2. Eligibility; authority:
This Site and the Services found at this Site are available only to Users who can form legally binding contracts under applicable law. By using this Site or the Services found at this Site, you represent and warrant that you are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law, and (iii) are not a person barred from purchasing or receiving the Services found at this Site under the laws of the United Kingdom, United States or other applicable jurisdiction.
If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms “you”, “your”, “User” or “customer” shall refer to such corporate entity. If, after your electronic acceptance of this Agreement, Tarraaa finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the payment obligations. Tarraaa shall not be liable for any loss or damage resulting from Tarraaa’s reliance on any instruction, notice, document or communication reasonably believed by Tarraaa to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, Tarraaa reserves the right (but undertakes no duty) to require additional authentication from you.
3. Accounts; transfer of data abroad:
3.1. Accounts. In order to access some of the features of this Site or use some of the Services found at this Site, you will have to create an Account. You represent and warrant to Tarraaa that all information you submit when you create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete. If Tarraaa has reason to believe that your Account information is untrue, inaccurate, out-of-date or incomplete, Tarraaa reserves the right, in its sole and absolute discretion, to suspend or terminate your Account. You are solely responsible for the activity that occurs on your Account, whether authorized by you or not, and you must keep your Account information secure, including without limitation your customer number/login, password, and any other confidential Account information. For security purposes, Tarraaa recommends that you change your password at least once every six (6) months for each Account you have with Tarraaa. You must notify Tarraaa immediately of any breach of security or unauthorized use of your Account. Tarraaa will not be liable for any loss you incur due to any unauthorized use of your Account. You, however, may be liable for any loss Tarraaa or others incur caused by your Account, whether caused by you, or by an authorized person, or by an unauthorized person.
3.2 Transfer of Data Abroad. If you are visiting this Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your Account information) across international boundaries. By visiting this Site and communicating electronically with us, you consent to such transfers.
4. General rules of conduct:
You acknowledge and agree that:
4.1. Your use of this Site and the Services found at this Site, including any content you submit, will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.
4.2. You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent.
4.3. You will not use this Site or the Services found at this Site in a manner (as determined by Tarraaa in its sole and absolute discretion) that:
4.3.1. Is illegal, or promotes or encourages illegal activity;
4.3.2. Promotes, encourages or engages in child pornography or the exploitation of children;
4.3.3. Promotes, encourages or engages in terrorism, violence against people, animals, or property;
4.3.4. Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
4.3.5. Violates the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promotes, encourages or engages in the sale or distribution of prescription medication without a valid prescription;
4.3.6. Infringes on the intellectual property rights of another User or any other person or entity;
4.3.7. Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
4.3.8. Interferes with the operation of this Site or the Services found at this Site;
4.3.9. Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; or
4.3.10. Contains false or deceptive language, or unsubstantiated or comparative claims, regarding Tarraaa or Tarraaa’s Services.
4.4. You will not copy or distribute in any medium any part of this Site or the Services found at this Site, except where expressly authorized by Tarraaa.
4.5. You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies.
4.6. You will not access Tarraaa Content (as defined below) or User Content through any technology or means other than through this Site itself, or as Tarraaa may designate.
4.7. You agree to back-up all of your User Content so that you can access and use it when needed. Tarraaa does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content.
4.8. You will not use this Site or the Services found at this Site, including any of Tarraaa’s related technologies, for any commercial use without Tarraaa ‘s express prior written consent.
4.9. You agree to provide government-issued photo identification and/or government-issued business identification as required for verification of identity when requested.
4.10. You are aware that Tarraaa may from time-to-time call you about your account, and that, for the purposes of any and all such call(s), you do not have any reasonable expectation of privacy during those calls; indeed you hereby consent to allow Tarraaa, in its sole discretion, to record the entirety of such calls regardless of whether Tarraaa asks you on any particular call for consent to record such call. You further acknowledge and agree that, to the extent permitted by applicable law, any such recording(s) may be submitted in evidence any legal proceeding in which Tarraaa is a party.
Tarraaa reserves the right to modify, change, or discontinue any aspect of this Site or the Services found at this Site, including without limitation prices and fees for the same, at any time.
5. Your use of Tarraaa content and user content:
In addition to the general rules above, the provisions in this Section 5 apply specifically to your use of Tarraaa Content and User Content posted to Tarraaa ‘s corporate websites (i.e., those sites which Tarraaa directly controls or maintains). The applicable provisions are not intended to and do not have the effect of transferring any ownership or licensed rights (including intellectual property rights) you may have in content posted to your hosted websites.
5.1. Tarraaa Content. Except for User Content, the content on this Site and the Services found at this Site, including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein (“Tarraaa Content”), are owned by or licensed to Tarraaa in perpetuity, and are subject to copyright, trademark, and/or patent protection in the United Kingdom and foreign countries, and other intellectual property rights under United Kingdom and foreign laws. Tarraaa Content is provided to you “as is”, “as available” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of Tarraaa. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement. Tarraaa reserves all rights not expressly granted in and to the Tarraaa Content, this Site and the Services found at this Site, and this Agreement do not transfer ownership of any of these rights.
5.2. User Content. Some of the features of this Site or the Services found at this Site may allow Users to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice (“User Submissions”), or (b) literary, artistic, musical, or other content, including but not limited to photos and videos (together with User Submissions, “User Content”). By posting or publishing User Content to this Site or to the Services found at this Site, you represent and warrant to Tarraaa that (i) you have all necessary rights to distribute User Content via this Site or via the Services found at this Site, either because you are the author of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content, and (ii) you do not violate the rights of any third party.
5.3. Security.You agree not to circumvent, disable or otherwise interfere with the security-related features of this Site or the Services found at this Site (including without limitation those features that prevent or restrict use or copying of any Tarraaa Content or User Content) or enforce limitations on the use of this Site or the Services found at this Site, the Tarraaa Content or the User Content therein.
6. Tarraaa’s use of user content:
The provisions in this Section 6 apply specifically to Tarraaa’s use of User Content posted to Tarraaa’s corporate websites (i.e., those sites which Tarraaa directly controls or maintains). The applicable provisions are not intended to and do not have the effect of transferring any ownership or licensed rights (including intellectual property rights) you may have in content posted.
6.1. Generally. You shall be solely responsible for any and all of your User Content or User Content that is submitted through your Account, and the consequences of, and requirements for, distributing it.
6.2. With Respect to User Submissions. You acknowledge and agree that:
6.2.1. Your User Submissions are entirely voluntary.
6.2.2. Your User Submissions do not establish a confidential relationship or obligate Tarraaa to treat your User Submissions as confidential or secret.
6.2.3. Tarraaa has no obligation, either express or implied, to develop or use your User Submissions, and no compensation is due to you or to anyone else for any intentional or unintentional use of your User Submissions.
6.2.4. Tarraaa may be working on the same or similar content, it may already know of such content from other sources, it may simply wish to develop this (or similar) content on its own, or it may have taken / will take some other action.
Tarraaa shall own exclusive rights (including all intellectual property and other proprietary rights) to any User Submissions posted to this Site, and shall be entitled to the unrestricted use and dissemination of any User Submissions posted to this Site for any purpose, commercial or otherwise, without acknowledgment or compensation to you or to anyone else.
6.3. With Respect to User Content (Other Than User Submissions). By posting or publishing your User Content to this Site, you authorize Tarraaa to use the intellectual property and other proprietary rights in and to your User Content to enable inclusion and use of the User Content in the manner contemplated by this Site and this Agreement. Accordingly, you hereby grant Tarraaa a worldwide, non-exclusive, royalty-free, sublicensable (through multiple tiers), and transferable license to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content in connection with this Site and Tarraaa’s (and Tarraaa’s affiliates’) business(es), including without limitation for promoting and redistributing all or part of this Site in any media formats and through any media channels without restrictions of any kind and without payment or other consideration of any kind, or permission or notification, to you or any third party. You also hereby grant each User of this Site a non-exclusive license to access your User Content (with the exception of User Content that you designate “private” or “password protected”) through this Site, and to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content as permitted through the functionality of this Site and under this Agreement. The above licenses granted by you in your User Content terminate within a commercially reasonable time after you remove or delete your User Content from this Site. You understand and agree, however, that Tarraaa may retain (but not distribute, display, or perform) server copies of your User Content that have been removed or deleted. The above licenses granted by you in your User Content are perpetual and irrevocable. Notwithstanding anything to the contrary contained herein, Tarraaa shall not use any User Content that has been designated “private” or “password protected” by you for the purpose of promoting this Site or Tarraaa’s (or Tarraaa’s affiliates’) business(es).
7. Monitoring of content; account termination policy:
Tarraaa generally does not pre-screen User Content (whether posted by Tarraaa or by the User to this Site). However, Tarraaa reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with this Agreement. Tarraaa may remove any item of User Content (whether posted by Tarraaa or by the User to this Site) and/or terminate a User’s access to this Site or the Services found at this Site for posting or publishing any material in violation of this Agreement, or for otherwise violating this Agreement (as determined by Tarraaa in its sole and absolute discretion), at any time and without prior notice. Tarraaa may also terminate a User’s access to this Site or the Services found at this Site if Tarraaa has reason to believe the User is a repeat offender. If Tarraaa terminates your access to this Site or the Services found at this Site, Tarraaa may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.
8. Additional reservation of rights:
Tarraaa expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services for any reason (as determined by Tarraaa in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by Tarraaa in offering or delivering any Services, (ii) to protect the integrity and stability of, and correct mistakes made by, any data registered, (iii) to assist with our fraud and abuse detection and prevention efforts, (iv) to comply with court orders against you and/or your business and applicable local, state, national and international laws, rules and regulations, (v) to comply with requests of law enforcement, including subpoena requests, (vi) to comply with any dispute resolution process, (vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or (viii) to avoid any civil or criminal liability on the part of Tarraaa, its officers, directors, employees and agents, as well as Tarraaa’s affiliates, including, but not limited to, instances where you have sued or threatened to sue Tarraaa.
Tarraaa expressly reserves the right to review every Account for excessive utilization of Services, and to terminate or apply additional fees to those Accounts that exceed allowed levels.
Tarraaa expressly reserves the right to terminate, without notice to you, any and all Services where, in Tarraaa’s sole discretion, you are harassing or threatening Tarraaa and/or any of Tarraaa’s employees.
9. No spam; liquidated damages:
You acknowledge you have read, understand and agree to be bound by Tarraaa’s Anti-Spam Policy:
Tarraaa does not tolerate the transmission of spam. We may monitor traffic to and from our web servers for indications of spamming and maintain a spam abuse compliant centre to register allegations of spam abuse. Customers suspected to be using Tarraaa products and services for the purpose of sending spam are fully investigated. Once Tarraaa determines there is a problem with spam, Tarraaa will take the appropriate action to resolve the situation. Our spam abuse compliant centre can be reached by emailing firstname.lastname@example.org or any enquiries@ at any of our Sites.
9.1. How We Define Spam. We define spam as the sending of Unsolicited Commercial Email (UCE), Unsolicited Bulk Email (UBE) or Unsolicited Facsimiles (Fax), which is email or facsimile sent to recipients as an advertisement or otherwise, without first obtaining prior confirmed consent to receive these communications from the sender. This can include, but is not limited to, the following:
- Email Messages
- Newsgroup postings
- Windows system messages
- Pop-up messages (aka “adware” or “spyware” messages)
- Instant messages (using AOL, MSN, Yahoo or other instant messenger programs)
- Online chat room advertisements
- Guestbook or Website Forum postings
- Facsimile Solicitations
9.2. What We Allow and Don’t Allow. We will not allow our servers and services to be used for the purposes described above. In order to use our products and services, you must not only abide by all applicable laws and regulations, which include the Can-Spam Act of 2003 and the Telephone Consumer Protection Act, but you must also abide by Tarraaa’s no spam policies. Commercial advertising and/or bulk emails or faxes may only be sent to recipients who have already “opted-in” to receive messages from the sender specifically. They must include a legitimate return address and reply-to address, the sender’s physical address, and an opt-out method in the footer of the email or fax. Upon request by Tarraaa, conclusive proof of opt-in may be required for an email address or fax number.
9.3. What We Do. If Tarraaa determines the services in question are being used in association with spam, Tarraaa will re-direct, suspend, or cancel any User Services for a period of no less than two (2) days. The User will be required to respond by email to Tarraaa stating that they will cease to send spam and/or have spam sent on their behalf. Tarraaa will require a non-refundable reactivation fee to be paid before the User’s access to Services are reactivated. In the event Tarraaa determines the abuse has not stopped after services have been restored the first time, Tarraaa may terminate the User’s account. To Report Spam Abuse: We encourage all customers and recipients of email generated from our products and services to report suspected spam. Suspected abuse can be reported by emailing by emailing email@example.com or any enquiries@ at any of our Sites.
9.4. Tarraaa is committed to making the Internet a safer place. You agree Tarraaa may immediately terminate any Account which it believes, in its sole and absolute discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, if actual damages cannot be reasonably calculated then you agree to pay Tarraaa liquidated damages in the amount of $1.00 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your Account.
10. Trademark and/or copyright claims:
Tarraaa supports the protection of intellectual property. Whether you are the holder of a trademark, service mark, or copyright, Tarraaa is committed to helping you protect your legal rights. Therefore, we have established the following policies for considering trademark and/or copyright infringement claims.
10.1. Copyright and Trademark Claims. To notify Tarraaa that there has been a copyright or trademark violation, please follow the specific instructions in 10.1.1. for filing a trademark claim, or 10.1.2. filing a copyright complaint.
If you are responding to a complaint of infringement, you will need to follow our Counter Notification policy in 10.1.3.
10.1.1. Trademark Claims
10.1.1.1. If you (the “Complaining Party”) would like to submit a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark (registered with the United States Patent and Trademark Office or, for foreign marks, registered with the appropriate intellectual property organization of your country; state registrations are not considered valid for these purposes), Tarraaa requests that the Complaining Party substantiate such claim by providing the following information via email to any of our enquires email addresses. The words “Trademark Claim” should appear in the subject line.
To be considered effective, a notification of a claimed trademark violation must include the following information:
- The trademark, service mark, trade dress, name, or other indicia of origin (“mark”) that is claimed to be infringed, including registration number.
- The jurisdiction or geographical area to which the mark applies.
- The name, post office address and telephone number of the owner of the mark identified above.
- The goods and/or services covered by or offered under the mark identified above.
- The date of first use of the mark identified above.
- The date of first use in interstate commerce of the mark identified above.
- A description of the manner in which the Complaining Party believes its mark is being infringed upon.
- Sufficient evidence that the Owner of the data that is claimed to be infringing is a Tarraaa customer.
- The precise location of the infringing mark, including electronic account information, etc.
- A good faith certification, signed under penalty of perjury, stating: The content named infringes the rights of another party, The name of such said party, The mark [identify mark] being infringed, and That use of the content claimed to be infringing at issue is not defensible.
10.1.1.2. Upon receipt of the appropriate information identified in Section 1 above, for trademark claims, Tarraaa will initiate an investigation. While Tarraaa is investigating the claim, Tarraaa, at its sole discretion and without any legal obligation to do so, may temporarily remove the challenged material from the Tarraaa Site, notify the posting party and temporarily remove or deny access to the challenged material.
10.1.1.3. If Tarraaa concludes that the Complaining Party has raised a legitimate trademark claim, it may, at its sole discretion and without any legal obligation to do so, permanently remove the challenged material from the Tarraaa Site, continue to suspend the posting party’s Tarraaa account and/or if it is solely stored on a Tarraaa server, deny access to the challenged material. If Tarraaa concludes that the Complaining Party has not raised a legitimate claim or if it is not clear whether the Complaining Party has raised a legitimate claim, Tarraaa will restore access to the challenged material.
10.1.2. Copyright Claims
10.1.2.1. If the Complaining Party would like to submit a copyright claim for material on which you hold a bona fide copyright, Tarraaa requests that the Complaining Party substantiate such claim by providing Tarraaa with the following information via email to any Tarraaa enquiries email address. The words “Copyright Claim” should appear in the subject line.
To be considered effective, a notification of a claimed copyright infringement must be provided to Tarraaa and must include the following information:
- An electronic signature of the copyright owner, or a person authorized to act on behalf of the owner, of an exclusive copyright that has allegedly been infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Tarraaa to locate the material.
- Information reasonably sufficient to permit Tarraaa to contact the Complaining Party, such as an address, telephone number, and an electronic mail address at which the Complaining Party may be contacted.
- A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is the owner, or is authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
10.1.2.2. For Copyright Claims, upon receipt of appropriate notification from the Complaining Party, pursuant to Section 1 of Copyright Claims above, Tarraaa will remove or disable access to the material that is claimed to be infringing.
10.1.2.3. If the Complaining Party provides Tarraaa with appropriate notification, pursuant to Section 1 of Copyright Claims above, including information reasonably sufficient to permit Tarraaa to locate and remove or disable the material in question, or includes information concerning repeat infringement, then Tarraaa will forward the Complaining Party’s written notification to such alleged Infringer and shall take reasonable steps promptly to notify the Infringer that it has removed or disabled access to the material.
10.1.3. Counter Notification Policy
10.1.3.1. Counter Notification. If you have received a notice of copyright or trademark infringement, you may provide Counter Notification by emailing any of our enquiries email address and including the following:
- An electronic signature of the Infringer.
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- A statement under penalty of perjury that the Infringer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- The Infringer’s name, address, and telephone number, and a statement that the Infringer consents to the jurisdiction of the judicial district in which Tarraaa may be found, and that the Infringer will accept service of process from the Complaining Party or an agent of such Party.
10.1.3.2. Upon receipt of a Counter Notification as described in Section 1 above, Tarraaa shall promptly provide the Complaining Party with a copy of the Counter Notification, and inform such Party that it will replace the removed material or cease disabling access to it in thirty (30) business days. Tarraaa will replace the removed material and cease disabling access to it in not less than ten (10), nor more than thirty (30), business days following receipt of the Counter Notification, unless Tarraaa first receives notice from the Complaining Party that such Complaining Party has filed an action seeking a court order to restrain the Infringer from engaging in infringing activity relating to the material on Tarraaa’s system or network.
10.1.4. Repeat Infringers
It is Tarraaa’s policy to provide for the termination, in appropriate circumstances, of Tarraaa customers and account holders who repeatedly violate this policy or are repeat infringers of copyrighted works, trademarks or any other intellectual property.
11. Links to third-party websites:
This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by Tarraaa. Tarraaa assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, Tarraaa does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release Tarraaa from any and all liability arising from your use of any third-party website. Accordingly, Tarraaa encourages you to be aware when you leave this Site or the Services found at this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.
12. Disclaimer of representation and warranties:
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. Tarraaa, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Tarraaa, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND Tarraaa ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY Tarraaa, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES) WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.
13. Limitation of Liability:
IN NO EVENT SHALL Tarraaa, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT Tarraaa IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that any cause of action arising out of or related to this Site or the Services found at this Site must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred.
IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that in no event shall Tarraaa’s total aggregate liability exceed the total amount paid by you for the particular ServiceS that ARE the subject of the cause of action.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.
You agree to protect, defend, indemnify and hold harmless Tarraaa and its officers, directors, employees, and agents, from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by Tarraaa directly or indirectly arising from (i) your use of and access to this Site or the Services found at this Site; (ii) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.
15. Fees and Payments:
You acknowledge and agree that your Payment Method may be charged by Tarraaa or one of our affiliated entities.
15.1. General payment terms. You agree to pay any and all prices and fees due for Services purchased or obtained at this Site at the time you order the Services. All prices and fees are non-refundable unless otherwise expressly noted, even if your Services are suspended, terminated, or transferred prior to the end of the Services term. Tarraaa expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at this Site and effective immediately without need for further notice to you. If you have purchased or obtained Services for a period of months or years, changes or modifications in prices and fees shall be effective when the Services in question come up for renewal as further described below.
Except as prohibited in any product-specific agreement, you may pay for Services by utilizing any of the following “Payment Methods”: (i) via an electronic check from your personal or business checking account, as appropriate (and as defined below); (ii) by using PayPal (as defined below), (iii) by using an International Payment Option (as defined below), each a “Payment Method”.
You acknowledge and agree that where refunds are issued to your Payment Method, Tarraaa’s issuance of a refund receipt is only confirmation that Tarraaa has submitted your refund to the Payment Method charged at the time of the original sale, and that Tarraaa has absolutely no control over when the refund will be applied towards your Payment Method’s available balance. You further acknowledge and agree that the payment provider and/or individual issuing bank associated with your Payment Method establish and regulate the time frames for posting your refund, and that such refund posting time frames may range from five (5) business days to a full billing cycle, or longer.
In the event a refund is issued to your Payment Method and the payment provider, payment processor or individual issuing bank associated with your Payment Method imposes any limitations on refunds, including but not limited to, limitations as to the timing of the refund or the number of refunds allowed, then Tarraaa, in its sole and absolute discretion, reserves the right to issue the refund either (i) as a credit for further services; or (ii) via issuance of a Tarraaa cheque, which will be sent to the mailing address on file for your Account. Tarraaa also has the right, but not the obligation, to offer a credit for customers seeking refunds, even if there are no limitations on refunds imposed by the Payment Method. For the avoidance of doubt, any and all refunds processed via the issuance of a Tarraaa cheque are solely within Tarraaa’s discretion and are not available at customer request.
If for any reason Tarraaa is unable to charge your Payment Method for the full amount owed for the Services provided, or if Tarraaa receives notification of a chargeback, reversal, payment dispute, or is charged a penalty for any fee it previously charged to your Payment Method, you agree that Tarraaa may pursue all available lawful remedies in order to obtain payment, including but not limited to, immediate cancellation, without notice to you, of any domain names or Services registered or renewed on your behalf. Tarraaa also reserves the right to charge you reasonable “administrative fees” or “processing fees” for (i) tasks Tarraaa may perform outside the normal scope of its Services, (ii) additional time and/or costs Tarraaa may incur in providing its Services, and/or (iii) your noncompliance with this Agreement (as determined by Tarraaa in its sole and absolute discretion). Typical administrative or processing fee scenarios include, but are not limited to (i) customer service issues that require additional personal time or attention; (ii) disputes that require accounting or legal services, whether performed by Tarraaa staff or by outside firms retained by Tarraaa; (iii) recouping any and all costs and fees, including the cost of Services, incurred by Tarraaa as the results of chargebacks or other payment disputes brought by you, your bank or Payment Method processor. These administrative fees or processing fees will be billed to the Account information you have on file with Tarraaa.
Tarraaa may offer product-level pricing in various currencies; however, transaction processing is supported only in Pounds Sterling (£). In addition, you acknowledge and agree that you may be charged Value Added Tax (“VAT”), Goods and Services Tax (“GST”), or other localized fees and/or taxes, based on your bank and/or the country indicated in your billing address section.
15.2. Pay by PayPal. By choosing pay by PayPal payment option (“PayPal”), you can purchase Services using PayPal. In connection therewith, you agree to allow PayPal to debit the full amount of your purchase from your PayPal account (“PayPal Account”) or from credit card(s), bank account(s), or other allowed payment method(s) linked to your PayPal Account (“PayPal Funding Source”).
It is your responsibility to keep your PayPal Account and PayPal Funding Source current and funded, and your PayPal Account backed by a valid credit card. You acknowledge and agree that (i) PayPal reserves the right to decline a transaction for any reason (including, but not limited to, payments that fail to go through as a result of your PayPal Account or PayPal Funding Source no longer existing or not holding available/sufficient funds) and (ii) in such event, neither PayPal nor Tarraaa shall be liable to you or any third party regarding the same. If for any reason PayPal is unable to withdraw the full amount owed for your purchase, you agree that PayPal and Tarraaa may pursue all available lawful remedies in order to obtain payment. You agree that if the transaction is returned unpaid, you will pay a service charge of $25.00 or the maximum amount allowed by law, which may be debited from your PayPal Account or PayPal Funding Source.
By indicating you wish to pay by Paypal when you order services, you agree to the terms of PayPal for payments.
15.3. International payment options. You can pay for Tarraaa services using a variety of International Payment Providers to directly transfer funds to Tarraaa as payment in lieu of services to be rendered. All payment s must be made in Pounds Sterling (£). You are responsible for all transfer fees and any exchange rate conversion fees you may be charged. All fees payable should be made to the following bank account:
Address: 10-13 St. George’s Road, Kemp Town, Brighton, BN2 1EB, UK.
Sort Code: 30-94-63
Account Number: 21636560
Account Name: WAMIguide Limited
SWIFT code: LOYDGB21365
It is your responsibility to keep your Funding Sources current and funded. You acknowledge and agree that if your transaction is declined for any reason (including, but not limited to, payments that fail to go through as a result of your Funding Sources no longer existing or not holding available/sufficient funds), Tarraaa shall not be liable to you or any third party regarding the same. You acknowledge that Tarraaa will not attempt to fulfil the Services purchased by you until Tarraaa receives confirmation of payment .You acknowledge there may be a gap of several hours or days between the time you place an order and the time payment is confirmed. If Tarraaa does not receive confirmation of payment within thirty (30) days from when the order is placed, your order may be cancelled, at which time you will need to commence the purchase process again. In the event that you would like to cancel payment for a pending transaction, you may cancel the order by contacting Tarraaa via email at firstname.lastname@example.org . Payments received on previously cancelled orders will be automatically refunded to the original Payment Method when possible.
If, at the time Tarraaa receives confirmation of payment and the services are no longer available for purchase; or (ii) a pending order has been cancelled in our systems; or (iii) the confirmation of payment does not match the Pounds Sterling (£) amount of the pending order, and as a result your purchase is either over-funded or under-funded, Tarraaa may automatically issue a partial refund (in the case of over-funding) or a full refund (in the case of under-funding) to your Funding Source. If your payment processor imposes refund limitations of any kind, Tarraaa reserves the right to issue refunds to a credit balance which may be used to purchase future services from Tarraaa. If you receive a full refund, you will need to begin the purchase process again. Any refunds issued by Tarraaa will be net of any third party Fees unless otherwise specified.
15.4. Credit Balances. In the event that your Account contains a credit balance, you may apply any available credit balance to any future purchase in your Account. In the event that your Account contains a credit balance, you hereby authorize Tarraaa to apply any available credit balance to any outstanding administrative fees, chargebacks or other fees related to your Account. Regardless of the amount of credit available in your account, Tarraaa is not responsible for the loss of products resulting from an inability to collect funds from your chosen Payment Method. Credits will be applied based on the currency exchange rate to Pounds Sterling at the time of purchase. If you have more than one credit, then the credits will be processed according to the age of the credit, with the oldest credit being applied first until there is no available balance left in your account. You understand and agree that at the time of conversion, Tarraaa may also impose an additional administrative fee to compensate for the risks and costs associated with providing currency conversion services.
You can verify your available credit balance at any time by sending us a request via email to email@example.com . You acknowledge that credit balances are non-transferrable, may only be used in the Account in which they were acquired and may expire. Credits will expire two years after issuance. In the event that Tarraaa terminates your Account, you acknowledge and agree that any remaining available credit balance will be forfeited. Credit balances may be redeemed to your Payment Method, only if: (i) requested by you and (ii) if the available credit was from a product or service purchase charged to your Payment Method. If your Payment Method imposes limitations on refunds, you may be issued a check, in Pounds Sterling for refundable credits and subject to the terms described herein. All refunds of credits must be requested within two years of issuance. In no event will credit refunds exceed the amount refunded to in-store credit for any associated Payment Method.
You also acknowledge that funds available in your in-store credit balance will be held by Tarraaa and will not accrue or pay interest for your behalf. To the extent any interest may accrue, you understand and agree that Tarraaa shall be entitled to receive and keep any such amounts to cover costs associated with supporting the credit balance.
16. Successors and assigns:
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.
17. No Third-Party Beneficiaries:
Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
18. U.S. Export Laws:
This Site and the Services found at this Site are subject to the export laws, restrictions, regulations and administrative acts of the United States Department of Commerce, Department of Treasury Office of Foreign Assets Control (“OFAC”), State Department, and other United States authorities (collectively, “U.S. Export Laws”). Users shall not use the Services found at this Site to collect, store or transmit any technical information or data that is controlled under U.S. Export Laws. Users shall not export or re-export, or allow the export or re-export of, the Services found at this Site in violation of any U.S. Export Laws. None of the Services found at this Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any country with which the United States has embargoed trade; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Denied Persons List, or any other denied parties lists under U.S. Export Laws. By using this Site and the Services found at this Site, you agree to the foregoing and represent and warrant that you are not a national or resident of, located in, or under the control of, any restricted country; and you are not on any denied parties list; and you agree to comply with all U.S. Export Laws (including “anti-boycott”, “deemed export” and “deemed re-export” regulations). If you access this Site or the Services found at this Site from other countries or jurisdictions, you do so on your own initiative and you are responsible for compliance with the local laws of that jurisdiction, if and to the extent those local laws are applicable and do not conflict with U.S. Export Laws. If such laws conflict with U.S. Export Laws, you shall not access this Site or the Services found at this Site. The obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.
19. Compliance with Local Laws:
Tarraaa makes no representation or warranty that the content available on this Site or the Services found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Services found at this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules and regulations.
20. Governing Law: Jurisdiction: Venue: Waiver of Trial by Jury:
This Agreement shall be governed by and construed in accordance with the laws of the United Kingdom, without regard to conflict of laws principles. You agree that any action relating to or arising out of this Agreement shall be brought in the United Kingdom. You agree to waive the right to trial by jury in any action or proceedings that takes place relating to or arising out of this Agreement.
21. Titles and Headings: Independent Covenants; Severability:
The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.
22. Contact Information:
If you have any questions about this Agreement, please contact us by email or regular mail at the following address:
WAMIguide Limited, Legal Department, Office 8, 10 Buckhurst Road, Bexhill-on-Sea, E.Sussex, TN40 1QF, UK.