This Agreement describes the terms and conditions applicable to your use of the The WiredShopper web site and services available under the domain https://thewiredshopper.com (the “Site”). This Agreement is entered into between you as the user of the Site (the “User”) and thewiredshopper.com.
Application of and Acceptance of Terms and Conditions
1. For purposes of this Agreement, a “User” is any person who accesses the Site for whatever purpose, regardless of whether such User has registered with The WiredShopper as a registered user or whether such User is a paying customer for a specific service provided by The WiredShopper. A User includes the person using this Site and any legal entity which may be represented by such person under actual or apparent authority.
2. By accessing or using the Site, you hereby agree to accept the terms and conditions set forth in this Agreement as a User, and you shall be bound by the terms and conditions of this Agreement with respect to your access or use of this Site and any further upgrade, modification, addition or change to this Site. If you do not accept all of the terms and conditions of this Agreement, please do not use this Site.
3. The WiredShopper may amend this Agreement at any time by posting the amended and restated Agreement on the Site. The amended and restated Agreement shall be effective immediately upon posting. Posting by The WiredShopper of the amended and restated Agreement and your continued use of the Site shall be deemed to be acceptance of the amended terms. This Agreement may not otherwise be modified, except in writing by an authorised officer The WiredShopper.
Access to the Site
1. Access to the Site and some features are provided to all Users free of charge. The WiredShopper reserves the right, without prior notice, to restrict access to certain areas or features of the Site.
2. The WiredShopper reserves the right to deny access to the site to any User for whatever reason in order to protect The WiredShopper’s interests.
1. Each User agrees that it shall not copy, reproduce or download any information, text, images, directories, files, databases or listings available on or through the Site (the “The WiredShopper Content”) for the purpose of re-selling or re-distributing the The WiredShopper’s Content, mass mailing (via emails, wireless text messages, physical mail or otherwise), operating a business that competes with The WiredShopper or otherwise commercially exploiting the The WiredShopper Content. Systematic retrieval of The WiredShopper Content from this Site to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from The WiredShopper is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.
2. Some of the The WiredShopper Content displayed on this Site is provided or posted by third parties (“Third Party Content”). Any Third Party Content is the sole responsibility of the party who provided the content. The WiredShopper is not responsible for the accuracy, propriety, lawfulness or truthfulness of any Third Party Content, and shall not be liable to any User in connection with such User’s reliance of such Third Party Content. In addition, The WiredShopper is not responsible for the conduct of any User’s activities on the Site, and shall not be liable to any person in connection with any damage suffered by any person as a result of such User’s conduct.
3. The WiredShopper may allow Users access to content, products or services offered by third parties through hyperlinks to such third party’s web site. You are cautioned to read such sites’ terms and conditions and/or privacy policies before using such sites. User acknowledges that The WiredShopper has no control over such third party’s web site, does not monitor such sites, and The WiredShopper shall not be responsible or liable to anyone for such web site, or any content, products or services made available on such web site.
4. Messages or information sent by a User through communication systems provided by the Site, or through emails, fax or letters to addressees obtained from the Site, shall not contain any of the materials described in the provisions of Section 4.2 below.
4.2. All Users may not use our services for junk mail, chain letters or spamming or the transmission of any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material or any kind or nature. Further, shall not publish, distribute, transmit or circulate any unsolicited advertising or promotional information or any content that is obscene, indecent, seditious, offensive, defamatory, threatening, or which incites or results in causing racial hatred, discrimination, menace or breach of confidence.
5. The WiredShopper reserves the right to limit, deny or create different access to the Site and its features with respect to different Users, or to change any of the features or introduce new features without prior notice. Each User acknowledges that inability to use the Site wholly or partially for whatever reason may have adverse effects on its business. Each User hereby agrees that in no event shall The WiredShopper be liable to the User or any third parties for any inability to use the Site (whether due to disruption, limited access, changes to or termination of any features on the Site or otherwise), any delays, errors or omissions with respect to any communications or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the Site or any of its features.
6. No User shall undertake any scheme to undermine the integrity of the computer systems or networks used by The WiredShopper and/or any other User and no User shall attempt to gain unauthorised access to such computer systems or networks.
Limitation of Liability
1. The features and services on the The WiredShopper site are provided on an “as is” and “as available” basis, and The WiredShopper hereby expressly disclaims any and all warranties, express or implied, including but not limited to any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose. All such warranties, representations, conditions, undertakings and terms are hereby excluded.
2. The WiredShopper makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability, completeness or currentness of any information provided on or through the site. The WiredShopper does not represent or warranty that the manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the site does not violate any third party rights; and The WiredShopper makes no representations or warranties of any kind concerning any product or service offered or displayed on the The WiredShopper.
3. Any material downloaded or otherwise obtained through the Site is done at each User’s sole discretion and risk and each User is solely responsible for any damage to its computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any User from The WiredShopper or through or from the Site shall create any warranty not expressly stated herein.
4. Under no circumstances shall The WiredShopper be held liable for an delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, Acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
5. Each User hereby agrees to indemnify and save The WiredShopper, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User’s use of the Site (including but not limited to the display of such User’s information on the Site) or from its breach of any of the terms and conditions of this Agreement. Each User hereby further agrees to indemnify and save The WiredShopper, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from User’s breach of any representations and warranties made by User to The WiredShopper. Each User hereby further agrees to indemnify and save The WiredShopper, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the Site. Each User hereby further agrees that The WiredShopper is not responsible and shall have no liability to it, for any material posted by others, including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each User. The WiredShopper reserves the right; at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with The WiredShopper in asserting any available defenses.
6. The WiredShopper shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, strict liability or otherwise or any other damages resulting from any of the following:
the use or the inability to use the Site;
any defect in goods, samples, data, information or services purchased or obtained from a User or a third-party service provider through the Site;
violation of Third Party Rights or claims or demands that Users’ manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site may violate or may be asserted to violate Third Party Rights; or claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants;
unauthorised access by third parties to data or private information of any User;
statements or conduct of any User of the Site; or
any matters relating to access to the site however arising, including negligence.