All Site content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all software are the property of, or duly licensed to, XERXES Ltd. Consent is granted to view all of such things for the sole purpose of placing an order with us. You are not authorized to save or collect any such information. Any other use of materials on this Site, including modification, distribution, or reproduction, is strictly prohibited. You acknowledge that XERXES Ltd and third-party content providers remain the owners of such material and that you do not acquire any of those ownership rights by downloading copyrighted material. XERXES Ltd reserves the right to revoke your use of the Site.
XERXES Ltd, the XERXES Ltd logo, graphics, trademarks, and trade dress of XERXES Ltd are proprietary to XERXES Ltd and may not be used by you for any reason. All other trademarks, service marks, product names, and company names or logos appearing on the Site are the property of their respective owners, and you do not acquire any ownership rights in such marks, logos, or names by using this Site. You at this moment represent that you are an adult (18 years or older) and have the power and authority to enter into this Agreement and perform your obligations hereunder.
You are responsible for and agree to pay all charges promptly to your account, including applicable taxes and purchases by you or anyone you allow to use your credit card. You agree and accept responsibility for keeping all your account information current, including name, credit card information, telephone number, and email address. You can update your information anytime that you place an order. You agree that you will not provide fraudulent information and solely responsible for any information you provide to us. You will comply with all laws applicable to your activities on the Site and with this Agreement. Our secure server encrypts your credit card information, among other things, so that it cannot be read as the information travels over the Internet. Once we receive your credit card information, it is stored in our secure data center. XERXES Ltd will exercise commercially reasonable efforts to ensure that your credit card information remains confidential at all times. When our order form asks users to enter sensitive information, such as a credit card number, that information is encrypted and is protected with encryption software.
You agree not to engage in unacceptable use of our Service, Site, or systems. Among other things, you agree not to: (a) disseminate or transmit unsolicited messages, chain letters, or unsolicited commercial email; (b) disseminate or transmit material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening, or malicious; (c) disseminate or transmit files, graphics, software, or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, or other intellectual property rights of any person; (d) create a false identity or otherwise attempt to mislead any person as to the identity or origin of any communication; (e) export, re-export, or permit downloading of any message or content in violation of any export or import law, regulation, or restriction of the United States and its agencies and authorities, or without all required approvals, licenses, or exemptions; (f) interfere with, disrupt, or attempt to gain unauthorized access to other accounts; (g) disseminate or transmit viruses, Trojan horses, or any other malicious code or program; or (h) engage in any other activity deemed by us to be in conflict with the spirit or intent of this Agreement.
You expressly agree that using our service, the Site, and the Internet is entirely at your own risk. Our service, the Site, and its contents are provided on an "as is," "as available" basis. To the extent permitted by applicable law, we disclaim all representations and warranties of any kind, whether express or implied, including, without limitation, the warranties of merchantability or fitness for a particular purpose, concerning our Service, the Site, or its contents or concerning any information, services, and products provided through or in connection with our service; we do not adopt any representation or warranty of any manufacturer or merchant of any such information, service, or products. We make no representations or warranties of any kind as to the availability, accuracy, or content of any data, services, or products obtained through the Site or the Service. We do not warrant that the functions provided by the Site will be uninterrupted or error-free or that this Site or the server that makes it available is free from viruses or other harmful components.
Neither the Company nor any of its owners, employees, affiliates, agents, representatives, third-party information providers, merchants, or licensors shall be liable for any damages of any kind, including, without limitation, compensatory, direct, indirect, special, incidental, consequential, or punitive damages; loss of data, income, or profit; or loss or damage to property, arising out of or in connection with the use of our service, or the inability to use, the Site, the resort delivery service, or the Internet. The Company's delivery liability shall be limited to providing you with a refund for any returned product. Your sole and exclusive remedy hereunder shall be for you to discontinue your use of our service and to terminate this Agreement. We reserve the right to limit your order or the quantity of a specific product you may order. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential, incidental, or special damages or implied warranties, liability is limited to the greatest extent permitted by law in such conditions and jurisdictions. The material on the Site is provided for lawful purposes only. You agree to defend, indemnify, and hold XERXES Ltd harmless from any suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, and expenses, including attorney's fees and costs, arising in connection with a violation of this Agreement by you or through use of your account.
This Agreement is effective upon your acceptance as set forth herein and shall continue in full force and effect until terminated. XERXES Ltd may suspend or terminate this Agreement or the XERXES Ltd Service or remove or disable access to any portion of our service at any time for any reason with or without notice to you. If you disagree with the terms of this Agreement, you may terminate your acceptance by emailing us at XERXES Ltdireland08@gmail.com and by no longer accessing our website. XERXES Ltd reserves the right to collect charges incurred before you cancel your service. In addition, you are responsible for any costs incurred to third-party vendors or content providers before your cancellation.
We may notify you of a change in this Agreement and any other matter through a general posting on the XERXES Ltd Site or other means determined by the Company.
This Agreement and the Privacy Policy referred to herein represent your entire Agreement with XERXES Ltd regarding the use of the service and the Site. You agree that this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than you and XERXES Ltd. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed following applicable law as nearly as possible to reflect the parties' original intention, and the remainder of this Agreement shall remain in full force and effect. The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. This Agreement shall be governed by the laws of the country of Ireland without regard to its conflict of rules. You expressly agree that exclusive jurisdiction for any claim or dispute with XERXES Ltd or relating in any way to your use of the service or the Site resides in the federal and courts of Ireland and you further expressly consent and agree to personal jurisdiction by the state and federal courts sitting in the country of Ireland in connection with any such dispute, including any claim involving XERXES Ltd. It would help if you were instituted any cause of action within one year after the claim or cause of action has arisen or be barred.
XERXES Ltd may amend this Agreement at any time by posting the amended terms on our Site. All amended terms shall automatically be practical at the time they are initially posted on our Site. By accessing this Site after the effective date of any such amendment, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then-current Agreement to which you are bound. Customers who prefer to place an order by app agree to be bound by the terms of this Agreement, as amended from time to time. In all cases, as a condition of making deliveries to you, you agree to review this Agreement from time to time.
Every effort is made to maintain the accuracy of all information. However, actual product packaging and materials may contain more and different information. It is recommended not to rely on the information presented solely.
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