Terms and Conditions
This Website is an online subscription service ("Service") owned and operated by Prolast Limited ("THE COMPANY"). Please carefully read and understand these Terms and Conditions prior to becoming a subscriber to the Service, as they constitute a binding legal agreement (the "Agreement") by and between the THE COMPANY and any persons who elect to become subscribers to the Service (the "Subscribers").
Prolast Limited
15 Themistocles Dervis Street
Margarita House, Flat 102
Nicosia 1642, Cyprus
1. As a Subscriber to the Service, you agree to be bound by each and every provision contained within this Agreement (the "Agreement"). This Agreement may be modified or amended by THE COMPANY at any time, and such changes are effective upon notice to each Subscriber. Notices by THE COMPANY to Subscribers may be given via electronic messages through the Service, a posting on the Service, or by email.
The Terms of Use constitute and ongoing contract between you and THE COMPANY and apply to your use of the Service.
By signing up to a subscription to the Service, and accessing any of the password protected areas of the Service, viewing and using any of the "member's only" content available in, at or through the Service, or by accepting these terms and conditions by any other legally recognizable means you hereby acknowledge that you are irrevocably agreeing to all the terms, conditions, obligations, warranties, and other provisions set forth in this Agreement.
You hereby swear and affirm under oath, warrants and represent that you are at least eighteen (18) years of age. In some jurisdictions, the age of majority may be older than 18, in which case you must satisfy that age in order to become a member. You also hereby swear and affirm that you have the legal capacity to enter into such agreements of this nature.
THE COMPANY makes no representation or warranty that the content published on the applicable website(s) complies with the local laws of your jurisdiction. You the Subscriber are solely responsible for understanding and comprehending your local laws concerning standards of content legality for purposes of obscenity laws. You the Subscriber, further represent and warrant that you understands the nature of the content published on the applicable website(s) is of a sexually explicit nature, and that you knowingly and voluntarily choose to view such sexually explicit material, and that such material does not offend your sensibilities. Should you be unable to affirmatively make the representations and warranties contained herein, do NOT subscribe to this Service.
You the Subscriber, hereby acknowledges that the content made available at, in and through and in association with websites THE COMPANY and/or other parties that may provide content available at, in, through or in association with the website(s), include sexually explicit visual, audio, and/or textual depictions of nudity and sexual explicit activities, and that by agreeing to these terms and conditions you are warranting to THE COMPANY and to affiliated content providers that you are intentionally and knowingly seeking access to such sexually explicit materials for your own personal viewing.
Payment for the Service provided to you at and/or through this site may be made by credit card, debit card, electronic check or a direct debit from your bank account ("Payment Method") and you hereby authorize THE COMPANY and/or its Authorized Agents to transact such payments on your behalf.
THE COMPANY may offer a number of membership plans, including special promotional plans or memberships with different limitations. Some of these promotional memberships are offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered membership plans. Unless otherwise stated differently, month or monthly refers to your 30 day billing cycle.
Trial Subscriptions
Trial Subscribers acknowledge that Trial subscriptions may not necessarily entitle full, unrestricted access to the website and that Special Features, and Member's Events may be restricted to full members only. Trial Subscribers must wait until the account re-bills to a Full Monthly Membership before these special features become available.
Your membership to THE COMPANY’s Service may start with a trial offer. The trial period, free or paid, of your membership lasts for the specified amount of time during subscribing to the Service as specified during sign-up. To view the specific details regarding your free trial, if any, visit our website and click on the "Your Account" link located at the top of the page and click on Your Username. Trial offers may not be combined with any other offers. You must have Internet access and a valid Payment Method to use our Service.
THE COMPANY will begin billing your Payment Method for monthly membership fees at the end of the trial period of your membership unless you cancel prior to the end of the trial period. To view the specific details of your membership, including price and end date of your free trial period, visit our website and click the "Membership Terms and Details" link on the "Your Account" page.
You will not receive a notice from THE COMPANY that your trial period has ended or that the full membership portion of your membership has begun. IF YOU CANCEL PRIOR TO THE END OF YOUR TRIAL PERIOD, THERE WILL BE NO FURTHER CHARGES TO YOUR PAYMENT METHOD. CLICK "YOUR USERNAME" LINK AT THE TOP OF THE MEMBERSHIP SITE WEB PAGE FOR CANCELLATION INSTRUCTIONS. THE COMPANY will continue to bill your Payment Method every 30 days for your membership plan until you cancel. You may cancel your membership at anytime.
Regular Subscriptions
By starting your subscription membership to the Service, you are expressly agreeing that THE COMPANY and its Authorized Agents are authorized to charge you a monthly membership fee at the then current rate, and any other charges you may incur in connection with your use of the Service to the Payment Method you provided during registration (or to a different Payment Method if you change your account information).
Please note that prices and charges are subject to change with notice. As used in these Terms of Use, ("billing cycle" or “billing”) shall indicate either a charge or debit, as applicable, against your Payment Method. The membership fee will be billed at the beginning of the paying portion of your membership and after each 30 day cycle thereafter unless and until you cancel your membership. Visit our website and click on “Your Username” link in the top menu to view "Your Account" page to see the commencement date for your next renewal period or contact our support team by clicking here
THE COMPANY and its Authorized Agents will automatically bill your Payment Method each billing cycle on the start of the 1st day of the new 30 day commencement of your paying membership. Membership charges are fully earned upon successful payment. You acknowledge that the amount billed each billing cycle may vary from month to month for reasons that include differing amounts due to promotional offers, and you authorize THE COMPANY and its Authorized Agents to charge your Payment Method for such varying amounts. If you are eligible, and have signed up for a trial offer, your Payment Method may be authorized for up to approximately one month of service during trial periods; however, no charges will be made against the Payment Method unless you do not cancel prior to the end of your trial period portion. THE COMPANY and its Authorized Agents may also periodically authorize your card in anticipation of membership or related charges. All fees and charges are fully earned upon payment. Initiating a refund during the current membership period will result in your account access being terminated upon successful refund. THERE ARE NO PARTIAL REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. At any time, and for any reason, THE COMPANY and its Authorized Agents may provide a refund, discount, or other consideration to some or all of our members ("credits").
The amount and form of such credits, and the decision to provide them, are at THE COMPANY and its Authorized Agents absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate THE COMPANY or its Authorized Agents to provide credits in the future, under any circumstance. THE COMPANY may change the fees and charges in effect, or add new fees and charges from time to time, but THE COMPANY we will give you advance notice of these changes by email. If you want to use a different Payment Method or if there is a change in Payment Method, such as your credit card validity or expiration date, you may edit your Payment Method information by visiting our website and clicking on "Your Username", available at the top of the pages of the Service’s website. If your Payment Method reaches its expiration date and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you authorize THE COMPANY to continue billing that Payment Method and you remain responsible for any uncollected amounts.
Cancellation
You may cancel your subscription membership at anytime. The Subscriber hereby acknowledges and agrees that if you cancel your subscription or if your subscription is cancelled by THE COMPANY, your password will be removed from the system at the end of the then current membership period and that you will be entitled to receive the full benefits of your subscription until the end of such period. You will NOT be entitled to any pro-rated or partial refund if YOU cancel your monthly subscription before the end of the then current monthly subscription period for any reason.
Cancellation for trial and full membership may be accomplished by calling us toll-free (U.S.A. and Canada) at 1-888-532-1682 or 1-416-532-1682 for International customers (not toll free) 24 hours a day 7 days a week. Alternatively you can cancel your membership online by visiting: http://www.customercarelive.com/index.php?detail=contact
Additionally you may cancel your membership to the Service by clicking on “Your Username” and clicking Cancel Membership and following the instructions.
THE COMPANY reserves the right to terminate or restrict your use of the Service, without notice, for any or no reason whatsoever.
Upon becoming a Subscriber to the Service, THE COMPANY uses the Subscribers unique ID and password used during sign-up, which allows access to the Service. The ID and password is verified by THE COMPANY in the form of a revocable license and rhe account remains the property of THE COMPANY and constitutes proprietary information and are the property of THE COMPANY. IDs and passwords are non- transferable. Each Subscriber must keep his password strictly confidential.
The Subscriber agrees to immediately inform THE COMPANY of any of the following changes in his/her/its credit card account: Card loss or theft, or unauthorized usage of the card; apparent breach of security of Subscriber ID or password, such that unauthorized access to the Service via the card is possible. Unless the Subscriber gives proper notice to THE COMPANY of same, the Subscriber will remain liable to THE COMPANY for any and all charges for unauthorized use of the Service.
You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or other devices that the Service works on. If you disclose your password to anyone or share your account and/or devices with other people, you take full responsibility for their actions. Where possible, users of public or shared devices should log out at the completion of each visit. If you sell or return a computer or device used to access the Service, you should logout and/or deactivate the device before doing so. If you fail to log out or deactivate your device, subsequent users may be able to access certain of your account information.
THE COMPANY has no responsibility for supplying Subscribers with computer equipment or communications connections necessary to access the Service. Subscribers are solely responsible for these items.
Except for public domain material and electronic messages, all material displayed on the Service is copyrighted by THE COMPANY, or is licensed under copyright by THE COMPANY, and may not be copied, redistributed, or downloaded, in whole or in part, without the prior written consent of THE COMPANY.
The Service is for the private, non- commercial enjoyment of Subscribers only. Any other use is STRICTLY PROHIBITED.
The Service enables Subscribers to share information with other Subscribers. Subscribers agree not to submit, publish, or display on the Service any defamatory, inaccurate, abusive, threatening, racially offensive, or illegal material. Transmission of such material that violates any law is prohibited and is a breach of this Agreement.
Subscribers agree not to engage in advertising to, or solicitation of other Subscribers to buy or sell any products or services through the Service without THE COMPANIES prior written consent. Subscribers are responsible for information they send, or display through the Service even if a claim should arise after termination of service.
Under no circumstances, including, but not limited to, negligence, shall THE COMPANY or any of its related or affiliated companies be liable for any direct, indirect, incidental, special, consequential or punitive damages that result from the use of, or the inability to use the Service. The Subscriber specifically acknowledges and agrees that THE COMPANY is not liable for any defamatory, offensive or illegal conduct of any user, or for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, alteration of or use of records, whether under contract or tort theory, or under any other cause of action, for any amount over and above the amount paid by Subscriber to THE COMPANY for the preceding twelve (12) months.
THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE. SUBSCRIBER'S USE OF THE SERVICE IS AT HIS/HER OWN RISK. NEITHER THE SITE OPERATOR, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVER OR CONTENT, IS LIABLE FOR ANY DIRECT INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING FROM YOUR ACCESS TO, USE OF, OR INTERPRETATION OF, THE SERVICE OR PRODUCTS OR SERVICES OR INFORMATION PROVIDED BY OR THROUGH THE SERVICE. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY OF MERCHANTABILITY, FITNESS FOR ANY PURPOSE, OR NON- RESULTS OF THE USE OF THE CONTENT IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES.
Subscriber agrees to indemnify and hold harmless THE COMPANY, the applicable websites, their officers, directors, managers, members, agents and employees from any against any claims, losses, liabilities or expenses (including reasonable attorneys' fees) arising out of Subscriber's breach of any term, condition or promise contained herein. Should any such claim for indemnification arise, or should any action be brought by Subscriber or THE COMPANY relating to any services or products offered by or through the Service, Subscriber agrees to submit to the personal jurisdiction of the courts of the province of Ontario. Should any such claim for indemnification arise, or should any action be brought by subscriber or THE COMPANY relating to any services or products offered by or through the Service, except those claims or actions relating to those products and services covered in paragraphs below, Subscriber agrees to submit to the personal jurisdiction of the courts of the province of Ontario.
If a claim or cause of action arises due to the failure by subscriber to pay for product or service or if a claim or cause of action for insufficient funds or fees due as a result of insufficient funds arises, THE COMPANY or THE COMPANY agent(s), authorized to process and/or collect funds or assignees or attorneys on behalf of THE COMPANY, may at their option, bring said claim or cause of action in any Court residing in Ontario, and SUBSCRIBER AGREES AND SUBMITS TO THE PERSONAL JURISDICTION OF THE SAID COURTS and WAIVES TRIAL BY JURY.
All claims or causes of action arising due to the failure by subscriber to pay for product or services or any claim or cause of action for insufficient funds or fees due as a result of insufficient funds shall be GOVERNED BY THE LAWS OF Ontario and the SUBSCRIBER WAIVES PERSONAL SERVICE UPON THEM, and agrees that SERVICE OF PROCESS regarding these claims or causes of action shall be accomplished VIA CERTIFIED MAIL at the address designated on this agreement or on the agreement with THE COMPANY agent(s) who is authorized to process payments and SHALL BE DEEMED PERSONAL SERVICE.
There are no facilities provided by the Service for sending or receiving private or confidential electronic communications. All messages shall be deemed to be readily accessible to the general public. Do not use the Service for any communication for which the sender intends only the sender and the intended recipient(s) to read. Subscriber hereby acknowledges and agrees that all messages entered into this Service can and may be read by the operators of the Service, whether or not they are the intended recipient(s).
This Agreement sets forth the full and complete understanding between Subscriber and THE COMPANY with respect to its subject matter, and supersedes all prior understandings or agreements, whether written or verbal. This Agreement may be modified upon notice by THE COMPANY to its Subscribers. Unless contrary to law or otherwise stated, each provision of this Agreement shall survive termination. This Agreement shall be governed by, and construed in accordance with, the laws of the province of Ontario. The prevailing party in any suit to enforce the terms hereof shall be entitled to recover his/her/its reasonable attorneys' fees.
Notices by THE COMPANY to Subscribers may be given by means of electronic messages through the Service, by a general posting on the service, or by email. Notices by Subscribers may be given by electronic messages or conventional mail, unless otherwise specified in the Agreement.
* All questions, complaints, or notices to THE COMPANY by means of electronic message must be directed to support@onlinerental.com
* All questions regarding new THE COMPANY membership by means of electronic message should be sent to support@onlinerental.com
© Copyright 2011 onlinerental.com - All Rights Reserved