Last update: 25/06/2021.
These Terms and Conditions (“Terms”, “these Terms”) govern your relationship with Amart ES Limited, registered at Kosti Palama, 6, 2220, Nicosia, Cyprus (“we”, or “Company”) operating website, including all of its pages (“the Website”).
By accessing our Website and using the Services you agree and acknowledge that you have read and accept these Terms in their entirety, and agree to be bound by them. These Terms apply to all users of Amart ES Limited services (the “Services”), including users either with or without paid accounts.
By accepting these Terms, you represent and warrant that you are at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), and you have the right and authority to enter into legally-binding agreements on your own behalf.
By accessing or using the Website you agree to be bound by these Terms. If you disagree with any part of these Terms, you should not access the Website.
In order to use some of the Services you may be required to register a user account with us. In order to do that you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form.
Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Website.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. You accept all risks of unauthorized use of your account and hereby release the Company from any liability in connection with any such unauthorized access.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
You may not:
We may suspend or terminate your access to the Website, and use of, the Services and/or any features made available through the Website immediately if you fail to comply with the above rules or otherwise fail to comply with these Terms.
In case your account is terminated, you agree that all fees paid to us are final and all outstanding or pending payments will immediately be due.
3.1 Subscriptions
The Company offers the Services in the forms of different monthly subscription plans. Our current prices for the Services you may find in the relevant area of the Website (specifically on the registration form, payment page, My Account section). We may change the duration, pricing and other terms of subscription plan at any time by posting a notice on the Website. Such change becomes effective from the next subscription period, so you’ll have an opportunity to cancel your subscription.
Your continued use of the Services after the change comes into effect constitutes your agreement for the modified terms.
Unless you notify us before the renewal date of the subscription that you wish to cancel, your subscription will automatically renew. You may cancel your Subscription renewal either through your online account management page, submitting a Cancelation of Subscription form or by contacting our customer support team.
3.2 Trial Period
We may offer you a 3-day trial period or other promotional period(s), discounted Subscription Fees or any other discounts for accessing and using the subscription-product pages and discounted products of the Website. You will be required to enter your billing information in order to sign up for the trial. We will charge you a discounted Subscription Fee according to the conditions of any such promotional trial period. However, upon the expiration of any such promotional trial period or discounted Subscription Fee amount, you further agree to the terms and conditions of the applicable Subscription plan and agree to pay Subscription Fees in order to receive the continued right to access and use the subscription-only Services, as applicable. The Company may amend the conditions of these trials and discounts at any time at its sole discretion, provided however that the trials already started at that moment shall survive till the end of such period.
3.3 Payments
At the start of each subscription period we will charge the Subscription Fee to your credit card or debit card on file as identified in your account; the payment transaction will be facilitated through an online payment processing application that is provided by a third-party vendor(s) and accessible through the Website. The payments are recurring (i.e., shall be automatically renewed at the end of the billing period of your Subscription Plan) until cancelled by you. You shall be solely liable for any fees, commissions or rates of the third-party payment processors of your choosing.
We offer 3 day trial period ($1.5/£1/€1/AUD3/NZD3/DKK8/NOK10/SEK10) and subscription packages ($59.99/£59.99/€49.99/AUD80/NZD85/DKK399/NOK499/SEK519) that will automatically renew on a monthly basis until cancelled by you.
Remember, that in case of unsuccessful transaction, we may try to charge you again, for not more than 5 times. Accounts that remain past due may be suspended at our sole discretion.
It is your responsibility to determine what, if any, taxes apply to the payments you make, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority.
3.4 Refunds
No refunds are provided for any partial-month subscription periods or unused services. If you cancel your subscription or trial membership, you will have access to the Services till the end of the period of your Subscription Plan.
Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted in sole discretion of the Company. We will only refund the most recent payment within the subscription. Your subscription or trial membership will be immediately cancelled in case of such refund. The refunds are made to the original form of payment used for purchase.
As a current or prior client of the Company, you agree to allow the Company to attempt settlement of any billing dispute for thirty (30) days before disputing with any third party, credit card company or bank. Company simply requires that it be the first option in billing disputes. If you want to dispute any payment, please contact us.
Our Website may allow you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post to the Website, including its legality, reliability, and appropriateness.
By posting Content to the Website, you grant us the right and license to use, modify, perform, display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Website and you are responsible for protecting those rights.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate these Terms, privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. We reserve the right to remove any Content in case it is non-compliant in our sole discretion. We reserve the right to disclose your identity to any third party in the process of solving dispute in case any third party claims that Content uploaded by you to our Website violates their privacy or intellectual property rights.
Please contact us if you think that any content on our Website breaches these Terms.
The Website and its original content (excluding Content provided by users), texts, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software, features and functionality are and will remain the exclusive property of the Company and its licensors.
The Website and all its content are intended solely for personal, non-commercial use. You may download, copy and print selected portions of the contents and other downloadable materials displayed on the Website for your personal, non-commercial use only, and provided that you maintain all copyright and other notices contained on the Website or in the contents.
Except as noted above, you may not reproduce, copy, publish, transmit, distribute, display, modify, post, download, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the contents, the Website or any related software in any form or by any means. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on the Website is strictly prohibited.
The Website, the name “Amart ES Limited” or any derivatives thereof, and any other names and logos and all related product and service names, design marks and slogans, trademarks (whether registered or not) which are owned or controlled by the Company are protected by copyright, trademark, and other applicable intellectual property laws of the Republic of Cyprus and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
6.1 The Company respects your privacy, so we do not sell the privacy data of our users to third parties, except if the Company is sold, merged, bought by the third party, to whom your data is transferred. In these occasions, we will notify you of any change in ownership. For other details of our attitude towards privacy of our users, please refer to our Privacy Policy.
6.2 Payment security.
All payment transactions on our Website are processed in accordance with the PCI DSS. When you make a payment on our Website, you may be subject to terms and conditions and privacy policy of the payment service provider. We disclaim any and all liability that could arise from the actions of such providers.
6.3 You acknowledge and agree that due to the nature of Internet the security, availability and integrity of Internet data transmissions cannot be guaranteed. We do not accept any liability or responsibility for any loss or failure, lost data, or any other harm caused by any delays in access to the Website, the rendering of content or interruptions or technical failures of any kind, including without limitation those related to issues involving viruses, worms, bugs, tampering, unauthorized intervention, technical difficulties, hardware or software failures or delays, delays or failures resulting from the use of the Website or of any transmission of data within it.
In no event shall the Company, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Services; (ii) any conduct or content of any third party on the Website; (iii) any content obtained from the Website; and (iv) unauthorized access, use or alteration of your transmissions or Content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
This Limitation of liability will apply to the fullest extent permitted by the applicable law and shall survive the termination of these Terms.
Access to, and use of the Website is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom. The Services, the Website and the content are provided on an “AS IS” and “AS AVAILABLE” basis. The Services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
The Company its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
We reserve the right to suspend access to all or part of the Website for any reason, as well as change it or any of its elements.
Please note that your use of the Website may be interrupted at any time for the purposes of maintenance, updates or technical improvements, or to configure or improve the Website, or due to legal proceedings or regulatory authorities, including to protect the interests of any third party.
We reserve the right, at our sole discretion, to modify, amend or replace these Terms and our Privacy Policy and any other documentation on the Website at any time. If a revision is material we will try to provide at least 5 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Service.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service, to cancel your subscription please refer to section 3.1.
We would hope that we would seldom have to resort to such action, but as we cannot predict every instance in which it may be necessary, the Company reserves the right to suspend, terminate, or refuse the Services to anyone at any time for any reason.
11.1 Headings.
Section headings are inserted for convenience only and shall not affect the interpretation of the Terms.
11.2 Severability.
If any of the provisions of these Terms is held invalid, such provisions shall be severed and the remainder of the Terms shall remain in force and shall not be affected thereby.
11.3 Assignment.
You may not assign, transfer or sub-contract any of your rights under the Terms. We may assign, transfer or sub-contract all or any of our rights at our sole discretion at any time without any notice or your consent.
11.4 Entire agreement.
The Terms, including any legal notices and disclaimers contained on this Website, are the entire agreement between you and us relating to your use of and our provision of the access to the Website and supersedes any and all prior or contemporaneous written or oral agreements between you and us with respect to such subject matter.
11.5 Governing law.
These Terms shall be governed and construed in accordance with the laws of Republic of Cyprus, without regard to its conflict of law provisions and the parties shall submit to the exclusive jurisdiction of the courts of Republic of Cyprus.
11.6 No waiver.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
11.7 Indemnification.
You (and also any third party for or on behalf of whom you operate an activity on the Website) agree to defend (at our request), indemnify and hold us harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable legal and attorneys’ fees and costs, arising out of or in any way connected with your use of the Website.
11.8 Linking.
Under no circumstances can you establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. Our Website must not be framed on any other site.
11.9 Links To Other Websites.
Our Website may contain links to third-party websites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
11.10 Contacts.
Should you have any questions, complaints, or claims with respect to the Services and these Terms and Conditions, please contact us.
By post: Kosti Palama, 6, 2220, Nicosia, Cyprus
