This website is
operated by maHeart.com. These Terms and
Conditions govern the relationship between maHeart.com and our users. By using or accessing or visiting
maHeart.com, you agree and/or affirm to be bound by these Terms and
Conditions. If you object to anything in
In these terms
information we publish or you post on maHeart.com, including information about
means D. Karvovskis trading as maHeart.com
'our site' means
our presence on the Internet;
'our', 'we' and
'us' means D. Karvovskis trading as maHeart.com and, where applicable, its
employees, affiliates and authorised agents; and
the services provided by maHeart.com including but not limited to chat, forum,
discussion board, and email
'use' means use,
copy, publicly perform or display, distribute, modify, translate, and create
derivative works of
'you' and 'your'
include any user of our site.
contract between us
We must receive
payment of the whole of the price for the services that you order before your
order can be accepted. Once payment has been received by us we will confirm
that your order has been accepted by sending an email to you at the email
address you provide in your order form. Our acceptance of your order brings
into existence a legally binding contract between us, on the following terms
3. Registration Eligibility
your details with us you understand and agree that:
- You will provide us with truthful personal
information about yourself and will keep this information accurate and
- You will not create an account for
anyone other than yourself without permission and you will not share your
account details with anyone else or do anything else to jeopardise the
security of your account
- You will only use our website if you
are over 18 years old. By using our
website you represent and warrant that you are 18 years or older. Any use of our website by anyone under
the age of 18 years old is strictly prohibited and is in violation of
these Terms and Conditions.
- You will not use our website if you
are a convicted sex offender
- You will not post on our website or
transmit to other users any defamatory, inaccurate, abusive, obscene,
profane, offensive, sexually oriented, threatening, harassing, racially
offensive, or illegal material, or any material that infringes or violates
another party's rights (including, but not limited to, intellectual
property rights, and rights of privacy and publicity).
Although we do
not monitor or approve content, we may review and delete in our sole judgement
any content, messages, emails, photos, posts or other content posted by you or
any other user on our website. You agree to notify us of any content which
breaches these Terms and Conditions by e-mailing us at firstname.lastname@example.org.
expressed by users on our website represent the opinions of the author, and do
not represent the opinions of maHeart.com.
payable for services that you order are as set out in our website. If you fail
at any time to pay any charges due in accordance with these terms and
conditions we may, in our discretion and without prejudice to our other rights,
deny you access to those areas of our site which are exclusively available to our
customers. We need not provide you with advance notice in such circumstances.
use Paypal to process payments
through our websites and do not make any representation or warranty with regard
to their service. The internet is not a
secure medium and you agree that payments made through our website and Paypal
are made at your own risk.
We have made
every effort to make clear whether the quoted prices for services available
through our site include any relevant tax or duty or do not. Where in any case
it is not clear please note before you make an order that you might be required
to bear a liability to tax or duty (for example value added tax) imposed by the
supplier or by operation of law that is in addition to the price.
You may cancel
your contract with us for the services you order on 30 days notice to us. You
do not need to give us any reason for cancelling your contract nor will you
have to pay any penalty. To cancel your contract you must notify us in writing.
Once you have
notified us that you are cancelling your contract, you will not be entitled to
receive a refund.
We reserve the
right to cancel the contract between us if we are unable to provide the
services you have ordered or if you are in material breach of any of these
terms and conditions and in particular upon any failure by you to pay your
subscription charge in accordance with these terms and conditions.
If we do cancel
your contract we will not provide a refund. We will also not be obliged to
offer any additional compensation for disappointment suffered.
Any rights that
have accrued to either party at the date of termination will remain enforceable
Services will be
made as soon as possible after your order is accepted and in any event within
30 days of your order.
We reserve the
right in our sole discretion to deny users access to our site or any part of
our site without notice (including blocking IP addresses) and to decline to
provide the service to any user that is in breach of these terms and conditions
You agree that
you will use our site only for your internal business purposes and that you
shall not exploit our site or any of its contents for any commercial purpose.
to other sites
including hypertext links, in our site will take you outside our site. Links
are provided for your convenience and inclusion of any link does not imply
endorsement or approval by us of the linked site, its operator or its content.
We are not responsible for the content of any website outside our site.
All rights in the
design, text, graphics and other material on our site and the selection or
arrangement thereof are the copyright of us or other third parties. Permission
is granted to electronically copy and print in hard copy portions of our site
solely in connection with the acquisition of services through our site. Any
other use of materials on our site (including reproduction for purposes other
than those noted above and alteration, modification, distribution, or
republication) without our prior written permission is strictly prohibited.
You hereby grant
to us a perpetual royalty-free, irrevocable licence to copy, issue copies,
communicate to the public, make publicly available and include in a cable
programme service (either in whole or in part or in a modified or edited form)
any material you up-load or post to our site (whether to a chat room, bulletin
board or otherwise). You acknowledge and agree that such material is not
up-loaded or posted subject to any obligation of confidence.
All trade marks,
product names and company names or logos used in our site are our property or
that of their respective owners. No permission is given by us in respect of the
use of any such trade marks, get-up, product names, company names, logos or
titles and such use may constitute an infringement of the holder's rights.
We reserve the
right at any time without notice to revise the content of our site (including
the services offered by us) and these terms and conditions. Any changes to
these terms and conditions will be posted on our site and by continuing to use
our site following any such change you will signify that you agree to be bound
by the revised terms and conditions of use.
expressly stated in these terms and conditions, all notices from you to us must
be in writing and sent to our contact address at maHeart, PO Box 3504, Barnet, EN5 9JS and all notices from us to
you will be displayed on our website from to time.
beyond our control
We shall have no
liability to you for any failure to deliver services you have ordered or any
delay in doing so or for any damage or defect to services delivered that is
caused by any event or circumstance beyond our reasonable control including,
without limitation, strikes, lock-outs and other industrial disputes, breakdown
of systems or network access, flood, fire, explosion or accident.
You use our
website at your own risk.
We are providing
this site on an 'as is' basis and makes no representations or warranties of any
kind with respect to this site or its contents and disclaim all such
representations and warranties.
We make no
representations or warranties about the accuracy, completeness, or suitability
for any purpose of the information and related graphics published in this site.
The information contained in this site may contain technical inaccuracies or
We do not
represent or warrant that access to our site, or any part of it will be
uninterrupted, reliable or fault free.
We do not
represent or warrant to you that our site or any of its contents will be
accurate, complete, reliable or useful. We are not and cannot be responsible
for content posted, transmitted or shared on our website.
We do not
represent or warrant that:
- any services (whether or not provided by
us) will be provided with due care and skill; or
- any services (whether or not provided by
us) will be of merchantable quality or will be fit for any purpose (even if
that purpose has been previously notified to us).
We make no
representation or warranty that our site is safe to use or with regard to the
conduct of our users. You are solely
responsible for your interactions with other users and agree to take a
reasonable degree of caution in all interactions with other users. You acknowledge that even though users are
prohibited from doing so, they may provide information, or otherwise behave, in
a way that is unreliable, misleading or even illegal. Further, you acknowledge
that people may not necessarily be who they say they are. You should not
provide your financial information to other members. We do not screen verify
the statements of or check the backgrounds of our users.
To the extent
permitted by law, we exclude all liability (whether arising in contract, tort
or otherwise and whether or not due to our negligence) which we may otherwise
have to you as a result of:
- any technical, factual, textual or typographical
inaccuracies, errors or omissions on or relating to our site or any information
on our site;
- the unavailability of our site (or any
part of it), or its services;
- any delay in providing, or failure to
provide or make available services or any negligent provision of services;
- any services not being of merchantable
quality or fit for their intended purpose; or
- any misrepresentation on or relating to
our site, the services (other than a fraudulent misrepresentation made by us or
on our behalf).
In no event shall
we be liable for any damages and/or losses whatsoever, whether direct,
indirect, general, special, compensatory, consequential, and/or incidental,
arising out of or relating to the conduct of you or anyone else in connection
with the use of our website, including without limitation, bodily injury,
emotional distress, loss of data, loss of income or profits, damages for loss
of or damage to property and/or any other damages resulting from interaction
with other registered users of our website.
liability to you in respect of your use of our site or any services we provide
or make available to you through or in relation to our website is limited to
You agree that
each of these limitations is reasonable having regard to the nature of our site
and in particular given that when you purchase information, goods or services
through out site you will enter into a separate contract with the supplier in
None of the exclusions or limitations in these
terms and conditions shall exclude or restrict our liability for death or
personal injury caused by our negligence.
None of the above exclusions shall affect any
statutory rights which are not capable of being excluded. However, in such case
our obligation, where permitted by law, will be limited to the re-supply of our
site, or its service to you.
Each of the above exclusions or limitations
shall be construed as a separate, and severable, provision of these terms and
You agree to
indemnify and hold maHeart.com and its affiliates harmless from all loss,
liabilities, claims, demands and expenses (including reasonable legal fees)
made by any third party that may arise from any breach of these Terms and
Conditions by you or through a machine on which you access the our website.
Failure on our
part to enforce any part of these Terms and Conditions will not be considered a
waiver. Any amendment to or waiver of
these Terms and Conditions must be made in writing and signed by us.
If any part of
these terms and conditions is unenforceable (including any provision in which
we exclude our liability to you) the enforceability of any other part of these
conditions will not be affected.
and Use of Your Information
You agree that we
may collect, store, and use information about you in accordance with our
A person who is
not a party to this agreement has no right under the UK Contracts (Rights of
Third Parties) Act 1999 to enforce any term of this agreement but this does not
affect any right or remedy of a third party that exists or is available apart
from that Act.
We may freely
assign all of our rights and obligations under these Terms and Conditions in
connection with a merger, acquisition, or sale of assets, or by operation of
law or otherwise.
between us shall be governed by and interpreted in accordance with English Law
and the English Courts shall have [exclusive] jurisdiction to resolve any
disputes between us.
These terms and
the whole of our agreement relating to the supply of the goods to you by
us. Nothing verbal statements should be
understood as a variation of these terms and conditions or a representation
about the nature or quality of any services offered for sale by us. Save for
fraud or fraudulent misrepresentation, we shall have no liability for any such
representation being untrue or misleading.
We do not
separately file the individual agreements entered into by users when they
register with maHeart.com. You can
access our terms and conditions at www.maheart.com.
us with any questions regarding
this agreement. Our postal address is: PO Box 3504, Barnet,
London EN5 9JS