www.visitortrust.com (“website”) welcomes you.
· All references to the singular include the plural and vice versa and the word "includes" should be construed as "without limitation".
· Words importing any gender shall include all the other genders.
· Reference to any statute, ordinance, or other law includes all regulations and other instruments and all consolidations, amendments, re-enactments, or replacements for the time being in force.
· All headings, bold typing, and italics (if any) have been inserted for convenience of reference only and do not define limit, or affect the meaning or interpretation of the terms of this Agreement.
With all of our products, we focus on quality by having our products subject to rigorous quality checks before it reaches you.
The website shall charge transaction fees from the vendors.
We reserve the right, at our discretion, to change, modify, add to, or remove portions of the Terms (collectively, “Changes”), at any time. We may notify you of changes by sending an email to the address identified in your Account or by posting a revised version of the Terms incorporating the Changes to its Website. Your continued use of the Site following the posting of changes will mean that you accept and agree to the Changes.
We act as an aggregator between Buyers and Sellers and provide services that have been designed to save your time and money. We strive to provide you with the information you need to make an informed choice on which provider of service best suits your needs.
We accept no responsibility for any loss, damage, or death that happens during and after the service. Seller shall indemnify us for all claims and liabilities arising out of any use by the Seller of the Website, including costs and expenses incurred.
For accessing the website and using certain Resources, you may be required to provide specific information and create a user ID and password to establish an account.
You accept that the details you provide about establishing an account are correct and that you will keep your details up-to-date. You are responsible for the security of all of your user names, passwords, and registration information (such as unique account identifiers or historical billing information), and you are solely responsible for any use (authorized or not) of your accounts. You agree to notify us immediately about any unauthorized activity regarding any of your accounts or other breaches of security. We may at our discretion suspend or terminate any of your user names and passwords at any time with or without notice.
We also perform background verification of our vendors and affiliates.
We believe visitortrust.com should stay a clean place and we work hard to make it reliable and useful for users. Therefore we do not tolerate any illegal activities, scams, spam, or trying to mislead other users to gain an advantage, get free work, or ask others to perform actions that are not legal. We monitor many things in the backend and as soon as we notice strange behavior, we put such accounts on hold and contact the owner. In cases where we are 100%, a user has tried to perform an illegal activity, we will immediately terminate such an account.
X. USER CONTENT
A. Content Responsibility.
The website permits you to post comments, feedback, etc. but you are solely responsible for the content posted to you. You represent that you have required permission to use the content.
When posting content to the website, please do not post content that:
· contains ill-mannered, profane, abusive, racist, or hateful language or expressions, text, photographs, or illustrations that are pornographic or in poor taste, inflammatory attacks of a personal, racial or religious nature;
· is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims;
· violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community;
· discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law;
· violates or inappropriately encourages the violation of any municipal, state, federal, or international law, rule, regulation, or ordinance;
· sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual or repeats prior posting of the same message under multiple emails or subjects.
Any submitted content will be refused by us. If repeated violations occur, we reserve the right to cancel user access to the website without advanced notice.
· We do not guarantee the accuracy, completeness, validity, or timeliness of the information listed by us.
· We make material changes to these terms and conditions from time to time, we may notify you either by prominently posting a notice of such changes or via email communication.
· The website is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis, solely to be used in connection with the Service for your private, personal, non-commercial use, subject to all the terms and conditions of this Agreement as they apply to the Service.
· We reserve the right for any printing errors on this site as well as the final sales of products. We do not guarantee that the images reflect the exact appearance of the products as a certain color difference may occur depending on the monitor, photo quality, and resolution. We always try our best to expose the products as accurately as possible.
· We shall have no liability to you for any failure to deliver products you have ordered or any delay in doing so or for any damage or defect to Products delivered if caused by any event or circumstances beyond our reasonable control including, without limitation, adverse weather, pandemics, strikes, lockouts, and other industrial disputes, breakdown or systems or network access, flood, fire, explosion or accident.
· The Vendors and Affiliates must get verified within 2 weeks from the date of registration. After 2 weeks, the unverified users are automatically blocked by the system.
· Before the Product(s) are displayed/advertised on the Platform, the Seller ensures the availability of the Products for servicing customers’ orders.
· The Seller hereby grants to the VISITORTRUST during the Term of this agreement, a royalty-free irrevocable license to use its Intellectual Property to provide the Services by the VISITORTRUST as contemplated hereunder.
· In the event, the Seller sources the Products from any Supplier, the Seller shall obtain all applicable licenses and consents for the use of such Supplier’s Intellectual Property in connection with the Product being sourced from such Supplier to provide the Services by the VISITORTRUST, before the display/advertising of such Products on the Platform.
· The term “Intellectual Property” shall mean and include logos, trade names, brand names, trademarks, copyrights, and other relevant intellectual property rights relevant to the advertisement and sale of the Products.
XIII. LIMITED GUARANTEE
By this Website:
· We provide an opportunity for you to avail of the offered products and services from our Website.
· We do not provide any warranty or guarantee that the products and service descriptions are accurate, complete, reliable, current, or error-free. If a service offered by the Website is not as described, your- sole remedy is to intimate us about Services for taking further action.
We reserve the right, but not the obligation, to limit the usage or supply of any service to any person, geographic region, or jurisdiction. We may use this right as per necessity. We reserve the right to suspend any Service at any time. Any offer to provide any Service made on this Website is invalid where banned.
XV. USER RESPONSIBILITIES
· You shall use the Service and Website for a lawful purpose and comply with all the applicable laws while using the Website;
· You shall not use or access the Website for collecting any market research for some competing business;
· You shall not misrepresent or personate any person or entity for any false or illegal purpose;
· You will not use any device, scraper, or any automated thing to access the Website for any means without taking permission.
· You will inform us about anything that is inappropriate or you can inform us if you find something illegal;
· You will not interfere with or try to interrupt the proper operation of the Website through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or try to gain access to any data, files, or passwords connected to the Website through hacking, password or data mining, or any other means;
· You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Website;
· You will let us know about the unsuitable content of which you become aware. If you discover something that infringes any law, please let us know, and we’ll review it.
We reserve the right, in our sole and absolute discretion, to deny you access to the Website or any service, or any portion of the Website or service, without notice, and to remove any content.
· The Seller takes full responsibility for all information that the seller provides on the www.visitortrust.com Website and must indemnify the VISITORTRUST about any liability incurred by the VISITORTRUST as a result of such information.
· The Seller shall be required to provide an actual business name for registration on the website.
· Seller shall indemnify VISITORTRUST for all claims and liabilities arising out of any use by the Seller of the www.visitortrust.com Website, including costs and expenses incurred.
· The Seller shall be liable and responsible for any claim or legal proceeding arising out of the use /sale of fake Adulterated or illegal products by the Seller.
· The Seller is not an employee of the VISITORTRUST and accepts full responsibility for all Income Tax, National Insurance, and other liabilities arising from the use of the www.visitortrust.com Website.
· All information provided by a Seller on the www.visitortrust.com Website must be accurate and kept up-to-date. This includes the correct name, address, telephone number, and product details. Details entered by the Seller on the www.visitortrust.com Website will be publicly visible and may appear in search engine results.
· The use of the www.visitortrust.com Website is entirely at a customer/Seller's own risk. A customer must exercise complete caution when using the www.visitortrust.com Website.
· The Seller shall be required to take necessary licenses as per the applicable law for selling alcoholic products to the consumers.
· The Seller agrees and undertakes to fully co-operate with the VISITORTRUST as reasonably required, in connection with any customer-service functions undertaken by the VISITORTRUST. Such services can be provided by the Seller either on its own or through the Suppliers, as the case may be.
i. description of each of its Products (including but not limited to the technical description of the Products, brand name of the Product, the price of the Product, and any applicable warranty terms) on the Platform.
ii. The Seller rating is based on Seller performance and customer reviews.
You agree to defend and indemnify us and any of our affiliates (if applicable) and hold us harmless against all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to your use or misuse of the Website or Services, your breach of this Agreement, or your conduct or actions. You agree that we shall be able to select its legal counsel and may participate in its defense if we wish.
XVIII. EXCLUSION OF LIABILITY
We take no responsibility for any indirect damage that may result from the product.
We accept no responsibility for delays/errors due to circumstances outside of our’s ruling (Force Majeure). These circumstances can be, for example, labor conflict, fire, war, government decisions, or reduced or non-delivery from the supplier.
We shall not be liable and responsible for the behavior of the users (both Sellers and the customers). And we are also not accountable for the quality of the products provided by the Sellers on the website.
You understand and agree that we (a) do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us or any third parties; and (b) shall not be responsible for any materials posted by us or any third party. You shall use your judgment, caution, and common sense in evaluating any prospective methods or offers and any information provided by us or any third party.
Further, we shall not be liable for direct, indirect consequential, or any other form of loss or damage that may be suffered by a user through the use of the www.visitortrust.com Website including loss of data or information or any kind of financial or physical loss or damage.
In no event shall VISITORTRUST, nor its owners, directors, employees, partners, agents, suppliers, or affiliates, be accountable for any indirect, incidental, special, eventful, or exemplary costs, including without limitation, loss of proceeds, figures, usage, goodwill, or other intangible losses, consequential from (i) your use or access of or failure to access or use the Service; (ii) any conduct or content of any third party on the Service; and (iii) unlawful access, use or alteration of your transmissions or content, whether or not based on guarantee, agreement, domestic wrong (including carelessness) or any other lawful concept, whether or not we've been aware of the possibility of such damage.
To use our Services, you must:
1. Comply with applicable laws and regulations and not indulge in illegal activities;
2. Not involved in an activity that is harmful to us or our users, Service providers, or anyone else;
3. Not use any Service or any process to damage, disable, impair, or otherwise attack our Services or the networks connected to the Services.
4. Protect your username and password;
5. Not use any automated process to access or use the Services or any process, whether automated or manual, to capture data or content from any Service for any reason; and
We can take any technical, legal, and other actions that we deem, in our sole discretion, necessary and appropriate without notice to you to prevent violations and to enforce this Agreement.
XIX. NO RESPONSIBILITY
We are not responsible to you for:
● any reliance that you may place on any material or commentary posted on our website. Please note that nothing contained in our website or the material published on it is intended to amount to advice on which you should rely; or
● any losses you suffer because the information you put on our website is inaccurate or incomplete; or
● any losses you suffer because you cannot use our website at any time; or
● any errors in or omissions from our website; or
● any unauthorized access or loss of personal information that is beyond our control.
You are strictly prohibited from using the Website or any of our's Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
XXI. THIRD-PARTY LINKS
The Website may comprise links to external or third-party Websites (“ External Sites”). These links are provided exclusively as ease to you and not as an authorization by us of the content on such External Sites. The content of such External Sites is created and used by others. You can communicate with the site administrator for those External Sites. We are not accountable for the content provided in the link of any External Sites and do not provide any representations about the content or correctness of the information on such External Sites. You should take safety measures when you are downloading files from all these Websites to safeguard your computer from viruses and other critical programs. If you agree to access linked External Sites, you do so at your own risk.
Every effort has been taken to ensure that the information offered on this Website is accurate and error-free. We apologize for any errors or omissions that may have occurred. We cannot give you any warranty that usage of the Website will be error-free or fit for purpose, timely, that defects will be amended, or that the site or the server that makes it available is free of viruses or bugs or signifies the full functionality, accuracy, reliability of the Website and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.
The website and the service are provided on an “as is” and “as available” basis without any warranties of any kind, including that the website will operate error-free or that the website, its servers, or its content or service are free of computer viruses or similar contamination or destructive features.
We disclaim all licenses or warranties, including, but not limited to, licenses or warranties of title, merchantability, non-violation of third parties rights, and fitness for a particular purpose and any warranties arising from a matter of dealing, course of performance, or usage of trade. In relation to any warranty, contract, or common law tort claims: (i) we shall not be liable for any unintended, incidental, or substantial damages, lost profits, or damages resulting from lost data or business stoppage resulting from the use or inability to access and use the website or the content, even if we have been recommended of the possibility of such damages.
The website may comprise technical incorrectness or typographical errors or omissions. Unless required by applicable laws, we are not accountable for any such typographical, technical, or pricing errors recorded on the website. The website may contain information on certain services, not all of which are available in every location. A reference to a service on the websites does not suggest that such service is or will be accessible in your location. We reserve the right to do changes, corrections, and/or improvements to the website at any time without notice.
The Website contains material, such as software, text, graphics, images, designs, sound recordings, audiovisual works, and other material provided by or on behalf of us (collectively referred to as the “Content”). The Content may be possessed by us or third parties. The unauthorized use of the Content may infringe copyright, trademark, and other laws. You have no rights in or to the Content, and you will not take the Content except as allowed under this Agreement. No other use is allowed without prior written consent from us. You must recollect all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not transfer, provide license or sub-license, sell, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other Website or in a networked computer environment for any purpose is expressly prohibited.
If you infringe any part of this Agreement, your permission to access and/or use the Content and the Website automatically terminates and you must immediately destroy any copies you have made of the Content.
Our trademarks, service marks, and logos used and displayed on the Website are registered and unregistered trademarks or service marks of us. Other company, product, and service names located on the Website may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with us, the “Trademarks”). Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. None of the Content may be retransmitted without our express, written consent for every instance.
You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your misuse of the Content or the Website. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right, at your expense, to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable.
Term. The Services will be provided to you can be canceled or terminated by us. We may terminate these Services at any time, with or without cause, upon written notice. We will have no liability to you or any third party because of such termination. Termination of these Terms will terminate all of your Services subscriptions.
Effect of Termination. Upon termination of these Terms for any reason, or cancellation or expiration of your Services: (a) We will cease providing the Services; (b) you will not be entitled to any refunds or usage fees, or any other fees, pro-rata or otherwise; (c) any fees you owe to us will immediately become due and payable in full, and (d) we may delete your archived data within 30 days. All sections of the Terms that expressly provide for survival, or by their nature should survive, will survive termination of the Terms, including, without limitation, indemnification, warranty disclaimers, and limitations of liability.
GOVERNING LAW AND JUDICIAL RECOURSE
The terms herein will be governed by and construed under the Law of Canada without giving effect to any principles of conflicts of law. The Courts of Ontario based in Brampton, Canada shall have exclusive jurisdiction over any dispute arising from the use of the Website.
We will have no liability to you, your users, or any third party for any failure us to perform its obligations under these Terms if such non-performance arises as a result of the occurrence of an event beyond our reasonable control of us, including, without limitation, an act of war or terrorism, natural disaster, failure of electricity supply, riot, civil disorder, or civil commotion or other force majeure event.
We shall have the right to assign/transfer this agreement to any third party including our holding, subsidiaries, affiliates, associates, and group companies, without any consent of the User.
If you have any questions about these Terms, please contact us at firstname.lastname@example.org.