Thank you for accessing our website (the “Website”). Please read these terms and conditions (the “Terms”) before using the Website. The Website is operated by Maxcare International Trading.Co.L.L.C. By using the Website, you signify your acceptance of the Terms in consideration of which Maxcare provides you with access. From time to time Maxcare may modify the Terms. Accordingly, please continue to review the Terms whenever accessing or using the Website. If at any time you do not wish to accept the Terms, you may not use the Website. From time to time Maxcare may run competitions and promotions via the Website. Separate terms and conditions will be posted where applicable governing such competitions and promotions.
While Maxcare has endeavored to ensure the accuracy of the information accessed via the Website, Maxcare does not guarantee or give any warranty as to the accuracy, timeliness or completeness of any information or material on the Website.
LINKS TO THE WEBSITE
Websites or pages to which the Website is linked are for information only and have not been reviewed by Maxcare. Maxcare has no responsibility for the content of the websites or pages linked or linking to this website, and Maxcare accepts no responsibility or liability for any losses or penalties whatsoever that may be incurred as a result of any linking to any location on any linked websites.
The Website, including (but not limited to) text, content, software, video, music, sound, graphics, photographs, illustrations, artwork, photographs, names, logos, trademarks, service marks and other material (“Content”) is protected by copyrights, trade marks and/or other proprietary rights. The Content includes both content owned or controlled by Maxcare, and licensed to Maxcare. All individual articles, reports, and other elements making up the Website may be copyright works. You agree to abide by all applicable copyright laws and by all additional copyright notices or restrictions contained in the Website.
You may not use any of Maxcare’s trademarks or trade names without Maxcare’s prior express written consent and you acknowledge that you have no ownership rights in and to any of those names and marks.
LICENCE AND DOWNLOAD RIGHTS
You acquire no rights or licences in or to the Website and/or the Content other than the limited right to use the Website in accordance with these Terms and to download on the terms set out in this section. Other than as set out in this section you may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to create derivative works from, transmit, or in any other way exploit any part of the Website.
You may not offer for sale or sell or distribute over any other medium (including distribution by over-the-air television or radio broadcast or distribution on a computer network) the Content or any part thereof. You may not make any part of the Website available as part of another website, whether by hyperlink framing on the internet or otherwise. The Website and the information contained therein may not be used to construct a database of any kind, nor may the Website be stored (in its entirety or in any part) in databases for access by you or any third party or to distribute any database websites containing all or part of the Website.
If you would like information about obtaining Maxcare’s permission to use any of the Content or if you would like to link your website to the Website, e-mail your enquiry HERE.
The Website and the Content are provided “as is” excluding any warranties of any kind, either express or implied, to the fullest extent permissible pursuant to applicable law including (but not limited to) the exclusion of warranties of title, merchantability, satisfactory quality, fitness for a particular purpose and non-infringement of proprietary or third party rights. Maxcare further accepts no responsibility or liability for functions contained on the Website and makes no warranties that the Website will operate uninterrupted or error-free or that defects will be corrected. Please note that some jurisdictions do not allow the exclusion of implied warranties, so some or all of the above exclusions may not apply to you.
Maxcare does not warrant that the Website is compatible with your computer equipment or that the Website or its server is free of errors or viruses, worms or “Trojan horses” and Maxcare is not liable for any damage you may suffer as a result of such destructive features.
Maxcare shall not be held responsible for Content provided by third parties. Maxcare is also not responsible for the reliability or continued availability of the telephone lines and equipment you use to access the website.
These Terms do not affect your statutory rights or your legal rights as a consumer.
LIMITATION OF LIABILITY
You acknowledge that your use of the Website, including the Content is at your own risk. If you are dissatisfied with the Website, the Terms or any or the Content your sole remedy is to discontinue use of the Website.
Save in respect of fraud and of personal injury or death to the extent it results from Maxcare’s negligence, in no event will Maxcare be liable to you or any third party for any direct, special, indirect, consequential or incidental damages, exemplary or lost profits, or any other damages of any kind whether based on warranty, contract, tort (including negligence) or otherwise, even if Maxcare has been advised of the possibility thereof. Applicable law may not allow the limitation or exclusion of liability for consequential or incidental damages, so this limitation or exclusion may not apply to you.
LOCAL LAWS AND REGULATIONS
The Website is not directed at any person in any jurisdiction where for any reason the publication or availability of the Website is prohibited. Those in respect of whom such prohibitions apply must not access the Website.
Maxcare does not represent that either the Website or the Content are appropriate for use or permitted by local laws in all jurisdictions. Those who access the Website do so on their own initiative and are responsible for compliance with applicable local laws or regulations; legal advice should be sought in cases of doubt.
The Customer agrees to indemnify and hold Diana of London and (as applicable) it’s parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of any breach of this Agreement.
Neither Maxcare nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use any product sold on this web site.
Either you or Maxcare may terminate these terms with or without cause at any time. If Maxcare terminates these terms, Maxcare will email you at the address you provide on registration, and you will be deemed to have received it within one hour of transmission. Termination will be effective at that time. You will be responsible for notifying us of any changes to your email address. You may terminate by sending an email HERE. On termination you shall destroy all Content, and copies thereof, obtained from the website.
CHANGES TO THE WEBSITE
You accept that Maxcare has the right to change the content or technical specifications of any aspect of the Website at any time at Maxcare’s sole discretion. You further accept that such changes may result in your being unable to access the website.