Please read these carefully as they affect your rights and liabilities under law. If you do not agree to these Terms, please do not access nor use the Website. If you have any queries regarding these Terms then please contact us.
TERMS & CONDITIONS
DEFINITIONS
“We/our/us/SisCare” means Shop SisCare.Co Ltd, 282 Leigh Rd, Leigh on Sea, Essex, SS9 1BW England, (registered in England, company registration no. 12551192) and the company’s website www.siscare.shop, www.siscare.online and siscare.shop subdomain websites.
“Customer” means the person or company to whom this document is addressed
“International Customer” shall mean, “Customer” from outside the United Kingdom
“Website” shall mean, www.siscare.shop, www.siscare.online or any other subdomains of siscare.shop or siscare.online which may be accessible unless expressly excluded by their own terms and conditions.
“Seller” shall mean the owners & operators of SisCare Marketplace Stores
“User” shall mean the Customers, Sellers and/or Hub Members
“SisCare Marketplace” the method by which the Customer browses and purchases the products from SisCare, that are managed by our “Sellers”
“Online Store” shall mean the method by which the Customer browses and purchases the products from SisCare, being the Website and/or the App, the SisCare Social Hub and/or the SisCare Marketplace.
“Services” shall mean the access to and use of the Sites and SisCare’s services, software and products through the Sites.
“Order” shall mean the submission of an order for products on the “Online Store” by the “Customer”.
“Hub Members” shall mean account holders on the SisCare Social Hub
GENERAL
1.1 These Terms and Conditions , as well as the Privacy Policy (defined in clause 3.3 below), are applicable to the supply of products made available on siscare.shop and /or siscae.online, hereafter referred as SisCare, to the user hereafter referred as the Customer via our “Sellers”
1.2 The Online Store is for use by individuals aged 15 and over. You should not use the Online Store if you are under this age.
1.3 “Sellers” shall also refer to and are bound by the Product Listing Policy and any other rules and policies of the Sites that SisCare.shop may publish from time to time
1.4 SisCare may amend any Terms at any time by posting the relevant amended and restated Terms on the Websites. By continuing to access or use the Services or the Websites, you agree that the amended and restated Terms will apply to you.
1.5 You may be required to enter into separate agreement(s), whether online or offline, with SisCare or our affiliates for any Services (or features within the Services) (each will be an “Additional Agreement”). If there is any conflict or inconsistency between the Terms and an Additional Agreement, the Additional Agreement shall take precedence over the Terms only in relation to that Service (or feature within the Service) concerned.
1.6 The Terms may not otherwise be modified except in writing by an authorised officer of SisCare
PROVISION OF SERVICES
2.1 Services (or any features within the Services) may vary for different regions and countries. No warranty or representation is given that a particular Service or feature or function thereof or the same type and extent of the Service or features and functions thereof will be available for Users. SisCare may in our sole discretion limit, deny or create different levels of access to and use of any Services (or any features within the Services) with respect to different Users.
2.2 We reserve the right to update these Terms from time to time and any changes will be notified to you via a suitable announcement on the Website. It is your responsibility to check for such changes. The changes will apply to the use of the Website after we have given such announcement. If you do not wish to accept the new Terms you should not continue to use the Website. If you continue to use the Website after the date on which the change comes into effect, your use of the Website indicates your agreement to be bound by the new Terms; alternatively you will withdraw, temporarily or permanently from this Website and the material contained within will be with drawn without notice to you and you confirm that we shall not be liable to you for any modification to or withdrawal of the Website or its contents.
2.3 Some Services (or part thereof) may be provided by SisCare affiliates on behalf of SisCare.
3. USERS GENERALLY
3.1 As a condition of your access to and use of the Website or Services, you agree that you will comply with all applicable laws and regulations when accessing or using the Website or Services.
3.2 You agree that
3.3 You must read the following documents which govern the protection and use of personal information about Users in the possession of SisCare and our affiliates:
3.4 SisCare may allow Users access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise), API or otherwise to such third parties’ web sites. You are cautioned to read such web sites terms and conditions and/or privacy policies before using the Sites. You acknowledge that SisCare has no control over such third parties web sites, does not monitor such web sites, and shall not be responsible or liable to anyone for such web sites, or any content, products or services made available on or through such web sites.
3.5 You agree not to undertake any action to undermine the integrity of the computer systems or networks of SisCare and/or any other Users nor to gain unauthorised access to such computer systems or networks.
3.6 You agree not to undertake any action which may undermine the integrity of SisCare feedback system, such as leaving positive feedback for yourself using secondary Member IDs or through third parties or by leaving unsubstantiated negative feedback for another User.
3.7 By posting or displaying any information, content or material (“Users Content”) on the Websites or providing any Users Content to SisCare or our representative(s), and to the extent permitted under applicable laws, you grant an irrevocable, perpetual, worldwide, royalty-free, and sub-licensable (through multiple tiers) license to SisCare to display, transmit, distribute, reproduce, publish, duplicate, adapt, modify, translate, create derivative works, and otherwise use any or all of the Users Content in any form, media, or technology now known or not currently known in any manner and for any purpose which may be beneficial to SisCare, the operation of the Sites, the provision of any Services and/or the business of the Customer. You confirm and warrant to SisCare that you have all the rights, power and authority necessary to grant the above license. Information that is protected under data protection laws will only be used and kept in compliance with those laws.
4. Member Accounts
4.1 Customers must be registered on the website to access or use some Services (a registered Customer is also referred to as a “Member” below).
Except with SisCare approval, one User may only register one member account on the Websites. SisCare may cancel or terminate a User’s member account if SisCare has reasons to suspect that the user has concurrently registered or is in control of two or more member accounts. Further, SisCare may reject User’s application for registration for any reason
4.2 Upon registration on the Websites SisCare shall assign an account and issue a member ID and password to each registered User. (Password shall be chosen by a registered Member during registration) An account may have a web-based email account with limited storage space for the Member to send or receive emails.
4.3 A Member ID and password is unique to a single account. Each Member shall be solely responsible for maintaining the confidentiality and security of your Member ID and password and for all use of and activities that occur under your account (whether such use or activities are authorised or not). No Member may share, assign, or permit the use of your Member account, ID or password by another person, even to other individuals within the Member’s own business entity (where applicable). Member agrees to notify SisCare immediately if you become aware of any unauthorised use of your password or your account or any other breach of security of your account.
4.4 Member agrees that all use of the Sites and Services, and all activities that occur under your account (including without limitation, posting any company or product information, clicking to accept any Additional Agreements or rules, subscribing to or making any payment for any services, sending emails using the email account or sending SMS) will be deemed to have been authorised by the Member.
4.5 Member acknowledges that sharing of your account with other persons, or allowing multiple users outside of your business entity to use your account (collectively, “multiple use“), may cause irreparable harm to SisCare.shop or other Users of the Websites. The Member shall indemnify SisCare, our affiliates, directors, employees, agents and representatives against any loss or damages (including but not limited to loss of profits) suffered as a result of the multiple use of your account. Member also agrees that in case of the multiple use of your account or Member’s failure to maintain the security of your account, SisCare shall not be liable for any loss or damages arising from such a breach and shall have the right to suspend or terminate Member’s account without liability to the Member.
5. Partner’s Responsibilities
5.1 SisCare Sisters, Retailers & Sellers (a registered, SisCare Sister, Retailer or Seller are also referred to as a “Partner(s)” below).
5.2 Each Partner represents, warrants and agrees that (a) you have full power and authority to accept the Terms, to grant the license and authorisation and to perform the obligations hereunder; (b) your access and use the Sites and Services will be for business purposes only; and (c) for Partners who are business entities, the address you provide when registering is the principal place of business of your business entity. For purposes of this provision, a branch or liaison office will not be considered a separate entity and your principal place of business will be deemed to be your head office.
5.3 Partners will be required to provide information or material about your entity, business or products/services as part of the registration process on the Sites for your access to and use of any Service or the partner account. Each Partner represents, warrants and agrees that (a) such information and material whether submitted during the registration process or thereafter throughout the continuation of the use of the Sites or Service is true, accurate, current and complete, and (b) you will maintain and promptly amend all information and material to keep it true, accurate, current and complete.
5.4 Upon becoming a Partner, you consent to the inclusion of the contact information about you in our database and authorise SisCare and our affiliates to share the contact information with other Users or otherwise use your personal information in accordance with the Privacy Policy.
5.5 Each Partner represents, warrants and agrees that (a) you shall be solely responsible for obtaining all necessary third party licenses and permissions regarding any User Content that you submit, post or display; (b) any User Content that you submit, post or display does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party (“Third Party Rights”); (c) you have the right and authority to sell, trade, distribute or export or offer to sell, trade, distribute or export the products or services described in the User Content and such sale, trade, distribution or export or offer does not violate any Third Party Rights and (d) you and your affiliates are not the subject of any trade restrictions, sanctions or other legal restrictions enacted by any country, international organisation or jurisdiction.
5.6 Each Partner further represents, warrants and agrees that the User Content that you submit, post or display shall:
a) be true, accurate, complete and lawful;
b) not be false, misleading or deceptive;
c) not contain information that is defamatory, libellous, threatening or harassing, obscene, objectionable, offensive, sexually explicit or harmful to minors;
d) not contain information that is discriminatory or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
e) not violate the Product Listing Policy, other Terms or any applicable Additional Agreements
f) not violate any applicable laws and regulations (including without limitation those governing export control, consumer protection, unfair competition, or false advertising) or promote any activities which may violate any applicable laws and regulations;
g) not contain any link directly or indirectly to any other web Sites which includes any content that may violate the Terms.
5.7 Each Partner further represents, warrants and agrees that you shall/are:
a) carry on your activities on the Website in compliance with any applicable laws and regulations;
b) conduct your business transactions with other users of the Website in good faith;
c) carry on your activities in accordance with the Terms and any applicable Additional Agreements;
d) not use the Services or Sites to defraud any person or entity (including without limitation sale of stolen items, use of stolen credit/debit cards);
e) not impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity;
f) not engage in spamming or phishing;
g) not engage in any other unlawful activities (including without limitation those which would constitute a criminal offence, give rise to civil liability, etc.) or encourage or abet any unlawful activities;
h) not involve attempts to copy, reproduce, exploit or expropriate SisCare various proprietary directories, databases and listings;
i) not involve any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
j) not involve any scheme to undermine the integrity of the data, systems or networks used by SisCare and/or any user of the Websites or gain unauthorised access to such data, systems or networks;
k) not, and your director(s), officer(s), controlling parties, affiliates and legal jurisdiction in which any of the foregoing persons or entities is organised or has operations are not persons or entities that are subject to any economic or fraud sanctions of any governmental, international or regulatory entities; and
l) not engage in any activities that would otherwise create any liability for SisCare or our affiliates.
5.8 Partner may not use the Websites, Services or partner account to engage in activities which are identical or similar to SisCare e-commerce storefront & marketplace business.
5.9 If a Partner provides a business referee, the Partner represents, warrants and agrees that you have obtained all necessary consents, approvals and waivers from such referee to (a) act as your business referee; (b) post and publish their contact details and information, reference letters and comments on their behalf; and (c) that third parties may contact such business referees to support claims or statements made about you. You further warrant and agree that all reference letters and comments are true and accurate and third parties may contact the business referees without the need to obtain your consent.
5.10 Partner agrees to provide all necessary information, materials and approval, and render all reasonable assistance and cooperation necessary for SisCare to provide the Services, evaluate whether Partner has breached the Terms and/or handle any complaint against the Partner. If Partner’s failure to do so results in delay in, or suspension or termination of the provision of any Service, SisCare shall not be obliged to extend the relevant service period nor be liable for any loss or damages arising out of or in connection with such delay, suspension or termination.
5.11 Partner acknowledges and agrees that SisCare reserves the right to, but shall not be required to actively monitor or exercise any editorial control whatsoever over the content of any message or material or information (including User Content) created, obtained or accessible through the Services or Websites. SisCare does not endorse, verify or otherwise certify the contents of any comments or other material or information (including User Content) created, submitted, posted, displayed or otherwise made by any Partner. Each Partner is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information
5.12 Partner acknowledges and agrees that the Websites and Services may only be used by businesses and their representatives for business use and not for individual consumers or for personal use.
5.13 Partner acknowledges and agrees that each Partner is solely responsible for observing applicable laws and regulations in its respective jurisdictions to ensure that all access and use of the Website and Services are in compliance with the same.
6. Breaches by Partners
6.1 SisCare reserves the right in our sole discretion to remove, modify or reject any User Content that you submit, post or display on the Websites which we reasonably believe is unlawful, violates the Terms, could subject SisCare or our affiliates to liability, or is otherwise found inappropriate at SisCare sole discretion.
6.2 If any Partner breaches any Terms, or if SisCare has reasonable grounds to believe that a Partner is in breach of any Terms, SisCare shall have the right to take such disciplinary actions as it deems appropriate, including without limitation: (i) suspending or terminating the Partner’s account and any and all accounts determined to be related to such account by SisCare in its sole discretion without liability for any losses or damages arising out of or in connection with such suspension or termination; (ii) restricting, downgrading, suspending or terminating the subscription of, access to, or current or future use of any Service; (iii) removing any product listings or other User Content that the Partner has submitted, posted or displayed, or imposing restrictions on the number of product listings or User Content that the Member may post or display; (iv) imposing other restrictions on the Partner’s use of any features or functions of any Service as SisCare may consider appropriate in its sole discretion; and (v) any other corrective actions as SisCare may deem necessary or appropriate at its sole discretion.
6.3 Without limiting the generality of the provisions of the Terms, a Partner would be considered as being in breach of the Terms in any of the following circumstances:
a) upon complaint or claim from any third party, SisCare has reasonable grounds to believe that such Partner has wilfully or materially failed to perform your contract with such third party including without limitation where a Partner who supplies products or services using the Websites and Services has failed to deliver any items ordered by such third party after receipt of the purchase price, or where the items such Partner has delivered materially fail to meet the terms and descriptions outlined in your contract with such third party,
b) SisCare has reasonable grounds to suspect that such Partner has used a stolen credit card or other false or misleading information in any transaction with a counter party,
c) SisCare has reasonable grounds to suspect that any information provided by the Partner is not current or complete or is untrue, inaccurate, or misleading, or
d)SisCare believes that the Partner’s actions may cause financial loss or legal liability to SisCare or our affiliates or any other Users.
6.4 SisCare reserves the right to cooperate fully with governmental or regulatory authorities, law enforcement bodies, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, to the extent permitted by applicable laws and policies, SisCare may disclose the Partner’s identity, contact information and/or information regarding the Partner’s account(s), transactions or activities carried out on or via the Website, if requested by a government, regulatory or law enforcement body or as a result of a subpoena or other legal action. SisCare shall not be liable for damages or results arising from such disclosure, and Partner agrees not to bring any action or claim against SisCare for such disclosure.
6.5 SisCare may, at any time and in our reasonable discretion, impose limitations on, suspend or terminate the Partner’s use of any Service or the Websites without being liable to the Partner if SisCare has received notice that the Partner is in breach of any agreement or undertaking with any affiliate of SisCare and such breach involves or is reasonably suspected to involve dishonest or fraudulent activities. SisCare reserves the right to, but shall not be required to investigate such breach or request confirmation from the Partner.
6.6 Each Partner agrees to indemnify SisCare, our affiliates, directors, employees, agents and representatives and to hold them harmless, from any and all damages, losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from your submission, posting or display of any User Content, from your access to or use of the Websites or Services, or from your breach of the Terms or any Additional Agreements.
6.7 Each Partner further agrees that SisCare is not responsible, and shall have no liability to you or anyone else for any User Content or other material transmitted through the Websites or Services, including fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such User Content or other material rests entirely with the Partner. SisCare reserves the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by the Partner, in which event the Partner shall cooperate with SisCare in asserting any available defences.
7. Transactions Between Buyers and Sellers
7.1 Through the Sites, SisCare provides electronic web-based platforms for exchanging information between buyers and sellers of products and services. SisCare additionally provides electronic web-based transaction platforms for Partners to place, accept, conclude, manage and fulfil orders for the provision of products and services online within the Websites subject to the terms of the Transaction Services Agreement. However, for any Services, SisCare does not represent either the seller or the buyer in specific transactions. SisCare does not control and is not liable or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the Websites, the ability of the sellers to complete a sale or the ability of buyers to complete a purchase.
7.2 Users are hereby made aware that there may be risks of dealing with people acting under false pretences. SisCare uses several techniques to verify the accuracy of certain information our paying Users provide us when they register for a paying membership service on the Websites. However, because user verification on the Internet is difficult, SisCare cannot and does not confirm each User’s purported identity (including, without limitation, paying Partners). We encourage you to use various means, as well as common sense, to evaluate with whom you are dealing.
7.3 Buyers and sellers accessing or using the Websites or Services shall assume the risks of conducting any purchase and sale transactions in connection with or through the Websites or Services. Buyers and sellers accessing or using the Site or Services shall also fully assume all risks of liability or harm of any kind arising out of or in connection with any subsequent activity relating to the products or services that are the subject of the transactions on the Websites. Examples of such risks shall include, but are not limited to, mis-representation of products and services, fraudulent schemes, unsatisfactory product quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost mis-calculations, breach of warranty, breach of contract, transportation accidents, the risk that the manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Websites may violate or may be asserted to violate Third Party Rights, and the risk that Users may incur costs of defence or other costs in connection with third parties’ assertion of Third Party Rights, or in connection with any claims by any party that they are entitled to defence or indemnification in relation to the assertion of rights, demands or claims by claimants of Third Party Rights. Examples of such risks also include the risk of claims from consumers, other purchasers, end-users of products or other third parties that they have suffered injuries or harm from their use of the products obtained through the Websites or Services. All of the foregoing risks are referred to as “Transaction Risks”. SisCare is not liable or responsible for any damages, claims, liabilities, costs, harm, inconveniences, business disruptions or expenditures of any kind that may arise a result of or in connection with any Transaction Risks.
7.4 Buyers and sellers on the Websites are solely responsible for setting out and performance of the terms and conditions of the transactions conducted on, through or as a result of use of the Websites or Services, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage, subject to any additional obligations imposed under the Transaction Services Agreement.
7.5 User agrees to provide all information and materials as may be reasonably required by SisCare. in connection with your transactions conducted on, through or as a result of use of the Websites or Services. SisCare has the right to suspend or terminate any User’s account if the User fails to provide the required information and materials without liability for any losses or damages arising out of or in connection with such suspension or termination.
7.6 In the event that any User has a dispute with any party to a transaction, such User agrees to release and indemnify SisCare (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such dispute or the transaction.
8. Limitation of Liability
8.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES PROVIDED BY SISCARE ON OR THROUGH THE WEBSITES ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”, AND SISCARE 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, AND UNDERTAKINGS ARE HEREBY EXCLUDED.
8.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, SISCARE MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITES. SISCARE DOES NOT REPRESENT OR WARRANT THAT THE MANUFACTURE, IMPORTATION, EXPORT, DISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE AND/OR USE OF PRODUCTS OR SERVICES OFFERED OR DISPLAYED ON THE SITES DOES NOT VIOLATE ANY THIRD PARTY RIGHTS; AND SISCARE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING ANY PRODUCT OR SERVICE OFFERED OR DISPLAYED ON THE SITES.
8.3 Any material downloaded or otherwise obtained through the Websites or Services is done at each User’s sole discretion and risk and each User is solely responsible for any damage to its own or to SisCare computer system(s) or any 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 SisCare or through or from the Websites shall create any warranty not expressly stated herein.
8.4 The Websites may make available to User services or products provided by independent third parties. No warranty or representation is made with regard to such services or products. In no event shall SisCare or our affiliates be held liable for any such services or products.
8.5 Each User hereby agrees to indemnify and save SisCare, our 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 access to or use of the Websites or Services (including but not limited to the display of such User’s information on the Websites) or from your breach of any of the terms and conditions of the Terms. Each User hereby further agrees to indemnify and save SisCare, our affiliates, directors, officers and employees harmless, from any and all losses, damages, 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 SisCare, including but not limited to those set forth in clause 5 hereunder.
8.6 Each User hereby further agrees to indemnify and save SisCare, our affiliates, directors, officers and employees harmless, from any and all losses, damages, 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 Websites. Each User hereby further agrees that SisCare is not responsible and shall have no liability to you, 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. SisCare reserves the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with SisCare in asserting any available defences.
8.7 SisCare 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, equity or otherwise or any other damages resulting from any of the following:
a) the use or the inability to use the Websites or Services;
b) any defect in goods, samples, data, information or services purchased or obtained from a User or any other third party through the Websites or Services;
c) violation of Third Party Rights or claims or demands that User’s manufacture, import, export, distribute, offer, display, purchase, sell and/or use of products or services offered or displayed on the Websites or through the Services may violate or may be asserted to violate Third Party Rights; or claims by any party that they are entitled to defence or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants;
d) unauthorised access by third parties to data or private information of any User;
e) statements or conduct of any User of the Websites or Services; or;
f) any matters relating to the Websites or Services, however arising, including negligence.
8.8 Notwithstanding any of the foregoing provisions, the aggregate liability of SisCare, our employees, agents, affiliates, representatives or anyone acting on our behalf with respect to each User for all claims arising from the access to or use of the Websites or Services during any calendar year shall be limited to the greater of (a) the amount of fees the User has paid to SisCare in exchange for the access to or use of the Site or Services during the calendar year and (b) the maximum amount permitted under the applicable law. The preceding sentence shall not preclude the requirement by the User to prove actual damages. All claims arising from the use of the Websites or Services must be filed within one (1) year from the date the cause of action arose or such longer period as prescribed under the applicable law governing the Terms.
8.9 The limitations and exclusions of liability to you under the Terms shall apply to the maximum extent permitted by law and shall apply whether or not SisCare has been advised of or should have been aware of the possibility of any such losses arising.
9. Force Majeure
9.1 Under no circumstances shall SisCare be held liable for any delay or failure or disruption of the content or the Services accessed or delivered through the Websites or the creation or fulfilment of contracts resulting directly or indirectly from acts of nature, forces or causes beyond our 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 or any suspension or disruption of transportation or business operation (including but not limited to delays or disruption of the resumption of work or operation ordered by any government agency) in the event of a national or regional spread of epidemic or pandemic.
10. Intellectual Property Rights
10.1 SisCare is the sole owner and lawful licensee of all the rights and interests in the Websites and the Website Content. The Websites and Website Content embody trade secrets and other intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Websites and Website Content shall remain with SisCare, our affiliates or licensors, as the case may be. All rights not otherwise claimed under the Terms or by SisCare are hereby reserved.
10.2 “SisCare”, “siscare.shop” , “siscare.online” and related icons and logos are registered trademarks or trademarks or service marks of Shop SisCare.Co Ltd.The unauthorised copying, modification, use or publication of these marks is strictly prohibited.
10.3 SisCare may have independent third parties involved in the provision of the Websites or Services (e.g., the authentication and verification service providers). You may not use any trademark, service mark or logo of such independent third parties without prior written approval from such parties.
11. Notices
11.1 All legal notices or demands of or upon SisCare shall be made in writing and sent to SisCare personally, by courier or certified mail to the following entity and address: Shop SisCare.co Ltd, 282 Leigh Rd, Leigh on Sea, Essex, SS9 1BW England
The notices shall be effective when they are received by SisCare in the above-mentioned manner.
11.2 All legal notices or demands to or upon a User shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User to SisCare or by posting such notice or demand on an area of the Websites that is publicly accessible without a charge. Notice to a User shall be deemed to be received by such User if and when:
a) SisCare is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or
b) immediately upon SisCare posting such notice on an area of the Websites that is publicly accessible without charge.
11.3 You agree that all agreements, notices, demands, disclosures and other communications that SisCare sends to you electronically will satisfy any legal requirement that such communication should be in writing.
12. General Provisions
12.1 Subject to any Additional Agreements, the Terms constitute the entire agreement between you and SisCare with respect to and govern your use of the Websites and Services, superseding any prior written or oral agreements in relation to the same subject matter herein.
12.2 SisCare and you are independent contractors, and no agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by the Terms.
12.3 If any provision of the Terms is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall remain valid and be enforced.
12.4 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of each clause.
12.5 SisCare failure to enforce any right or failure to act with respect to any breach by you under the Terms will not constitute a waiver of that right nor a waiver of SisCare’s right to act with respect to subsequent or similar breaches.
12.6 SisCare shall have the right to assign the Terms (including all of our rights, titles, benefits, interests, and obligations and duties in the Terms to any person or entity (including any affiliates of SisCare) You may not assign, in whole or part, the Terms to any person or entity.
12.7 THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE ENGLAND
12.8 If you have any comments on the Services we provide to you, you may contact our customer service support at support@siscare.shop with any such feedback or questions.
