Terms & Conditions
THIS IS A CONTRACT. PLEASE CAREFULLY READ THE FOLLOWING TERMS BEFORE AND WHILST ACCESSING THIS SITE OR PURCHASING ANY OF OUR PRODUCTS. BY ACCESSING THE WEBSITE, YOU ACCEPT AND AGREE TO ALL OF THE COVENANTS AND CONDITIONS IMPOSED IN THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS THE SITE OR PURCHASE ANY OF ITS OFFERED PRODUCTS.
BY USING OUR WEBSITE AND/OR OPT OR PURCHASE ONE OF OUR PRODUCTS, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THESE TERMS. YOU ALSO AGREE TO REVIEW THIS AGREEMENT PERIODICALLY TO BE AWARE OF MODIFICATIONS TO THE AGREEMENT, WHICH WE MAY MAKE AT ANY TIME WITHOUT PRIOR NOTICE. YOUR CONTINUED USE OF THIS SITE WILL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF ANY MODIFIED AGREEMENT MADE IN THE FUTURE.
“Access” or “Accessing” means accessing, using, viewing the content or otherwise obtaining information on the Site.
“Agreement” or “Terms” refers to these Terms and Conditions agreement and any subsequent modifications.
“Product” or “Products” refers to any of the downloadable video courses and in some cases additional material, or any other particular item available for purchase on the Website.
“User” refers to any party who Accesses the Site. If You are Accessing the Site as an employee or agent or affiliate, “User” refers to You and Your principal.
“Purchaser” refers to a User which made a purchase of one of the website’s listed Products.
“We” and “Company” refers to the company CHESS ONLINE PTE.LTD., owner and administrator of this Website.
“Website” or “Site” refers to the website maintained on the World Wide Web, available at https://businessmotivationfamily.net, and includes its Products.
“You” or “Your” refers to the User. If You are Accessing the Site as an employee or agent of another, or as an affiliate, “You” or
“Your” refers to the User/Purchaser and the User’s principal.
“Party” or “Parties” refers to all parties involved in these terms in conditions, such as the User, Purchaser, the Company, and Third Parties affected.
“Method” refers to the accepted ways or options permitted by the Company for a User/Purchaser to choose as a valid method of payment for one or more Products listed on the Website.
2. Modification of Terms.
The Company reserves the right to modify these Terms at any time. Except as otherwise stated herein, any change to these Terms is effective immediately after we give notice to the User on the website. The User agrees to check the Site periodically for changes to these Terms. Any use of the Site after changes have been made shall be deemed acceptance of those changed terms and/or conditions.
3. Limited License.
The Company hereby grants each Subscriber a limited, non-exclusive, non-sublicensable and non-transferable license to Access the content and information available on the Website according to the provisions contained herein and subject to the payment of the applicable to any of the Products offered on the Website and adherence to these Terms. This also applies to any agents or affiliates of the Company, or in other ways partnered with the Company.
4. Responsibility of Website Visitors (Users).
The Company has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, the Company does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Despite of the Company’s efforts, the Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. The Company disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of any content there posted.
5. Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which the Website links, and that link to businessmotivationfamily.com. The Company does not have any control over other websites and webpages, and is not responsible for their contents or their use. By linking to an outside website or webpage, the Company does not represent or imply that it endorses such a website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Company disclaims any responsibility for any harm resulting from your use of outside websites and webpages.
6. Legal Capacity.
To comply with the Children’s Online Privacy Protection Act,businessmotivationfamily.com is only available to users who are at least 13 years old. If you are under 13 you are not permitted to use this site.
You represent that you are able to access this site on your sole responsibility.
7. Products of this Website.
The Products offered on this website consist of video files. By Purchasing any Product offered on this Website, the User/Purchaser accepts under his sole responsibility that he is able to reproduce the file format (VIDEO AS WELL AS AUDIO) on any device available to the User/Purchaser; also the User/Purchaser is complied to understand English, got the necessary bandwidth to download the product, and has or will use any of the valid payment methods permitted by the Company. Failure of the User/Purchaser to Comply to the previously stated will result in; (i) not being able to apply or otherwise require a refund, as stated clearly in Clause 8; (ii) impossibility of using the purchased Product.
8. Refund Policies.
8.1 Money-back Guarantee. We stand behind the quality of our products. This is why the Company offers a 30-day money-back guarantee, which may be enforceable under these terms and conditions herein only.
We want you to give your best effort to apply all the strategies taught in the course and give yourself the best chance at success, which is why if we don’t hold you accountable for putting in the work, we’re doing you a disservice.
This course has been stress-tested to make sure that as long as you follow the modules and complete the action items for each lesson, you will get results.
This is why when you enroll in any of our courses as a student, you get a “30-Day Guarantee.” The guarantee states that if you enroll in one of our courses, watch all the video lessons, complete all of the required work and action items, and still don’t see results within the first year (30 days), we will provide a full refund.
8.2 Refund Terms. It is the intention of the Company to guarantee the quality of the products listed on its website; but due to past experience, we have had to set in place a series of rules which have to be met in order to enable both the possibility of a refund and the refund procedure, as follows:
The procedure must be activated within 30 calendar days, which start on the day that the purchase is made by the purchaser or the deposit is made in the form and ways stated for purchase on the website.
The 30 calendar days include weekends and holidays.
When the purchaser makes a request for a refund according to these Terms, the refund will be for the purchase price, excluding all costs involved in a transaction, bank fees and currency change, or any other fees applicable when attempting to make the refund.
The refund is applicable to one purchase only. The Company reserves the right not to sell again to anyone who has requested a refund, whenever there is the possibility of fraud. All purchasers who benefit from a refund of one or more products agree to this statement whenever they purchase the same or other products available on this website, whether these exist or are yet to be offered.
Refunds will not apply to products listed on the website at special prices and/or offers including bulk/wholesale discounts, personal discounts, extra bonuses added to the product or any other special offers.
Refunds are incompatible with incomplete payments, as specified in Clause 11.2 of the Terms and Conditions.
Refunds will not apply if there is any failure of acceptance or failure of completion of Clause 7 of these Terms.
If a refund is requested by a customer who has bought any product or service on the website through an AFFILIATE link, refunds will apply at a 50% reimbursement rate only. The user/purchaser is previously informed of this policy, which applies only to clients who buy through an affiliate. The affiliate that provides the link or the buy/trade option is solely responsible for informing the customer of this, and BMF accepts no responsibility for any affiliate’s conduct, behavior or any other kind of action, to the maximum extent permitted by law.
Double payments (whenever the same product is bought twice by the same person) will be refunded only if the request is made within 30 days of the second purchase. The second purchase will be refunded and the amount of the refund will be the purchase price, i.e. the net amount paid for the product. If the second product is purchased through an AFFILIATE link, refunds will apply at the 50% rate.
Refunds are not applicable for online coaching in a form of webinars or any kind of private coaching.
Physical products may be returned for a full-refund minus mastering and shipping; buyers are responsible for return shipping.
8.3 Procedure for refund.
In order to qualify for a refund, you must have completed the course, and email us within the first year from your enrolment date, including proof that you did the work in the course and it did not work for you. You must include your completed coursework with your request for a refund, as well as the required assignments (specific to each course). If you request a refund and do not include your completed coursework by the 30th day, you will not be granted a refund.
If you haven’t completed the course or the required assignments, then you won’t be eligible for the guarantee. We’ll ask for your completed course work and ask what didn’t work for you (so we can learn and improve).
For All Courses:
The work that you need to submit with your request for a refund includes ALL of the following items, as well as the specific requirements outlined for each course (see below).
• Requirement 1: Complete the course.
• Requirement 2: Include your completed coursework (as described below) with your request for a refund. to show that you’ve taken the time to apply the course lessons.
• Requirement 3: Tell us why this course was not a good fit for you and your business needs. What did you expect that you did not get once inside the program?
Additional requirements for Instagram Accelerator:
As well as the requirements outlined above for All Courses, the work that you need to submit with your request for a refund for Instagram Accelerator includes ALL of the following items:
• Requirement 4: Link to your Instagram account.
• Requirement 5: Link to 5 examples of IG posts where you implemented the course strategies and tactics.
• Requirement 6: State the ways you tried to monetize your Instagram account?
• Requirement 7: Please, provide a URL of a landing page that you use to collect email subscribers.
• Please, provide a URL of a sales page of the product you sell on Instagram (eBook, course, services etc).
Here’s how our guarantee DOES NOT apply:
1. You enroll, never complete the course, and email us asking for a refund.
2. You enroll, do none of the assignments, and email us asking for a refund.
Courses Payment Cancellation Policy
A Purchaser who enrolls may not cancel the contract under any circumstances outside the “30-Day Guarantee” period. Upon enrollment, the Purchaser will be responsible for the balance of sale owing and must pay all further installments as agreed and on time. Should Purchaser fail to make any payment as and when due, we reserve all our rights against Purchaser for failure to make installment payments on time, including, but not limited to, mandating a collection agency or attorney to obtain payment from Purchaser, which may adversely affect the Purchaser’s credit rating. Purchaser must reimburse us for all reasonable fees (including legal and collection agency fees) incurred in collecting the balance of sale and is not eligible for the “30-Day Guarantee.”
We will NOT provide refunds more than 30 days following the date of purchase. After day 30, all payments are non-refundable and you are responsible for full payment of the fees for the program regardless of whether you complete the program.
After you submit your materials, all refunds are within the Company’s sole discretion as to whether to grant or deny the refund request.
Upon determining that you are entitled to a refund pursuant to this policy, the Company will promptly issue an instruction to its payment processor to issue the refund. The Company does not control its payment processor and will not be able to expedite any refunds.
Please note – this is a serious business course, it’s not magic. If you’re not ready to put in the work and take real action, you won’t see the results. We put an extraordinary amount of time, money and effort into all of our Programs, and we expect you to do the same. Our courses are for serious students only.
If you have any questions or concerns about your purchase, please let us know by contacting our support team directly. The support desk can be reached at [email protected]
Payments will be made in U.S. dollars (USD). In addition to the fees applicable to the payment, a currency exchange rate might be applied and charged to you, whenever you try to pay in a currency other than the one stated.
Whenever you make a payment for any of the products listed on the Website, you agree to provide a valid instrument. You hereby declare that you are using a valid instrument, and that the Company will in no way be responsible and/or liable of any transactions made with instruments that are not of your own, or you have no proper authorization to use. The costs and prices listed on the Website for its products are final. The future Purchaser hereby accepts to have full knowledge of the payment method chosen, its implications and its fees, costs and taxes, which may be charged to the purchaser by companies or banks different of the Company’s fees and prices.
11. Payment Option
11.1 PayPal™ is an internationally acknowledged online payment method, admitted by the Company for purchase of products on the Website.
All of these methods accepted involve following the steps linked on each previous clause. Error in these procedures, relentless of the instructions, will under no circumstance make the Company responsible for any sort of error or liability. The User/Purchaser warrants to keep the Company immune to any law suits, reclamations, or other alike.
The companies mentioned in this Clause are third parties and have their own Terms and Conditions, Privacy Policies, and other applicable rules. They are in no way affiliated or have any kind of relation with the Company, and are may used by the User/Purchaser in their sole responsibility and knowledge. The Company makes no recommendation to the User/Purchaser to what option or method of payment to use, and makes use of its third party and Hyperlink Clause 21 of this Terms.
12. Prohibited Conduct.
User expressly agrees to refrain from doing, either personally or through an agent, any of the following “Prohibited Conduct”:
Transmit, install, upload or otherwise transfer any virus, advertisement, communication, or other item or process to the Website that in any way affects the use, enjoyment or service of the Website, or adversely affects the Company’s computers, servers or databases, whether owned or of a third subcontracted Company.
Capture, download, save, upload, print or otherwise retain information and content available on the Website other than what is expressly allowed by these Terms.
Copy, modify, reverse engineer, disassemble, redistribute, republish, alter, create derivative works from, assign, license, transfer or adapt any of the software, information, text, graphics, source code or HTML code, or other content available on the Website.
Remove or modify any copyright, trademark, legal notices, or other proprietary notations from the content and Products available on the Website.
Transfer the Website content to another person; “frame,” “mirror,” “in-line link,” or employ similar navigational technology to the Website content; or “deep link” to the Website content.
Violate or attempt to violate the Website’s security mechanisms, Access any data or server You are not authorized to Access or otherwise breach the security of the Website or corrupt the Website in any way.
Engage in any other conduct which violates the Copyright Act or other laws applicable.
Use any device (such as a “web crawler” or other automatic retrieval mechanism) or other means to harvest information about other Users or Purchasers of the Website
Use the Website, or its contents or Products to violate a the Company’s or a third party’s intellectual property, personality, publicity or confidentiality rights; upload, download, display, publish, perform, create derivative works from, transmit, or otherwise distribute information or content in violation of a third party’s intellectual property rights.
Misrepresent Your identity or personal information when accessing the Website; forge any TCP/IP packet header or any part of the header information in any e-mail so that the e-mail appears to be generated by businessmotivationfamily.com or its affiliates.
Post obscene, harassing, defamatory, filthy, violent, pornographic, abusive, threatening, objectionable or illegal material on the Website; post a communication that advocates or encourages criminal conduct or conduct that may give rise to civil liability of any of the “Parties”.
Advertise or otherwise solicit funds, goods or services on the Website.
Provide any commercial hosting service with Access to the Website and its Products and/or the content on the Website.
Reoffer, resell, reproduce, change or harm the Products available on this Website, digitally or physically.
To ensure that Users and Purchasers of the Website do not engage in Prohibited Conduct, the Company reserves the right to monitor use of the Website and reserves the right to revoke or deny Access to any person or entity whose use of the Website and its Products suggests Prohibited Conduct.
You agree not to violate any User/Purchaser or Company’s local laws, foreign or international software or technology export laws and regulations, including without limitation any other applicable laws and regulations applicable.
The User/Purchaser agrees to indemnify and hold the Company, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of User/Purchaser use of the Website or its Products, the violation of this agreement by the User/Purchaser, or the infringement by User/Purchaser, or other user of the Website using the User/Purchaser’s computer, of any intellectual property or other right of any person or entity.
The Company provides no warranty whatsoever whether express or implied (including without limitation the implied warranties as to fitness for purpose and merchantable quality) relating to its website, its content or any Products of the Company (save to the extent that the same may not by any law, rule or regulation be excluded). Its facilities and services are provided to you by the Company solely on an ‘as is’ basis. Although the Company does carry out regular checks and monitoring of its website, on-line products, services and facilities, the Company” does not warrant or represent that its website or the Company are provided uninterrupted or error free or that they will meet your requirements or that any errors in them will be corrected. No advice provided to you by the Company or any of its employees or agents whether in writing or otherwise in connection with its website or any of the Company shall create any further warranty or representation.
15. Limitation of Liability
The Company is not responsible and cannot be liable to you for any material posted on its website by any third party or any services or goods offered for sale by any third party on, by means of or by any other website accessible via its Website.
You are responsible for ensuring that your computer system is adequate for the purposes of your intended use and for installing and updating virus protection software. The Company is not liable for any loss (direct, indirect or consequential) or for any damages (whether general, special or punitive including triple damages) or any costs, claims or expenses whatsoever caused to or suffered by you or any other person as a result of your visit to its Website or the downloading of any material whatsoever (including where permitted expressly by the Company’s software) by means of or accessible via its website.
The Company is not responsible (subject to this terms and conditions) for any material supplied to the Company by you at any time save as required by law. Save as otherwise expressly provided for in these terms and conditions, liability to you in connection with this website and the Company is excluded to the fullest extent permitted by law.
You shall indemnify and hold the Company harmless against any and all costs and expenses incurred by the Company and any and all loss, damages, costs, claims, demands and expenses (including reasonable legal costs and expenses)made against the Company by any person, firm or company or awarded against the Company by any legally competent body (including without limitation any relevant court of law, arbitrator or regulatory authority) or as a result of any mediation or any agreement signed by the Company and expressed to be in full and final settlement, in each case arising out of any dispute with any person, firm or company relating to any information, material or content supplied to the Company by you at any time.
The Company accepts no responsibility whatsoever for the content of any site connected to this Website whether by hyper-link or otherwise. Any links provided from its Website are on an ‘as is’ basis and with no warranty whatsoever whether express or implied as to their functionality, use, or in respect of the information provided on or linked to their related sites.
The Company takes all reasonable steps to ensure that the information displayed on its website is accurate and up to date but we accept no liability whatsoever (save liability for personal injury or death resulting from the Company own negligence or that of its employees or agents acting strictly in accordance with instructions and legally represented) for any loss occasioned to any person firm or company (whether direct, indirect or consequential) nor for any damages (whether general, special or punitive including triple damages), costs, claims or expenses arising from any action, error or omission on the Company’s part or that of its employees or agents or any other third parties in connection with the information displayed on its website.
18. Important notice
The information on this Website is subject to regular updating, revision, verification and amendment. This Website and its content does not form part of any offer or invitation to sell or issue, or any offer to subscribe for or payment any shares or other securities, nor shall it (or any part of it) or the fact of its distribution form the basis of, or be relied upon in conjunction with any contract therefore. No reliance should be placed for any purpose whatsoever on any of the information or on any opinions contained in this or displayed on or accessible via this Website and no responsibility or liability is accepted for any such information and opinions.
19. Intellectual Property
The content on this Website and the services found at this site, including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein, are owned by or licensed to the Company in perpetuity, and are subject to copyright, trademark, and/or patent protection globally, and other intellectual property rights under local and foreign laws. The Company’s Website is provided to you “as is”, “as available” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of the Company. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this terms and conditions. The Company reserves all rights not expressly granted in and to the content, this site and the services found at this site, and this agreement do not transfer ownership of any of these rights. The content of the Company’s Website, all its materials and processes, and all its services are subject to proprietary and intellectual property rights arising throughout the world and protected by national and international law, treaties and conventions.
The software, know how, inventions and processes relating to the Company’s Website and its Products, services and facilities are protected by confidentiality and/or copyright and/or design rights and/or patent protection or their equivalent throughout the world. All the Website content is owned by or licensed to the Company.
You may not carry out any act which is or may amount to an infringement of any proprietary or intellectual property rights arising in, on or relating to the Company and its Website, materials, processes or any related to the Company anywhere in the world.
You may not, without the prior written consent of the Company, at any time or for any reason remove, obliterate, modify, adapt, copy, download, print or use in any way (including without limitation for any commercial gain) any material appearing on, connected to or accessible via Website including (without limitation) any marks, logos, devices, designs, software, databases, literary, musical or artistic works, and Products, save strictly for your own legitimate and non-infringing private personal and/or internal business purposes.
You must notify the Company immediately by this given e-mail should you become aware of any proprietary or intellectual property infringement or any conduct which may amount to the same, relating to the Company and its website and its content, its materials, processes or any of the Company, by you or any other person.
In the event that the Company becomes aware of any such proprietary or intellectual property infringement or similar conduct the Company will require further information from you and you will supply it with all details you have concerning the alleged infringement or conduct including (without limitation) the details of the person, firm or company you believe may be responsible. You will co-operate fully with the Company in connection with any investigation or infringement action.
20. Confidentiality Notice
You are solely responsible for maintaining the confidentiality of any passwords, security or access codes, or account details, personal payment and financial data, and other related.
The Company is not in any way liable to you for any loss (direct, indirect or consequential) or damages (whether general, special or punitive include triple damages) or any costs, claims and expenses incurred by you arising from your failure to properly protect and keep secret and confidential such details.
The Company will take proper and reasonable steps to protect and keep secret and confidential any confidential information provided by you to at any time.
21. Third Party Content; Hyperlinks.
You acknowledge that this Website does not pre-screen or endorse any third party materials. The Company is not the publisher or author of any information on the Site that is provided by third party content providers, and the Company is not liable for any claims related to such information. Content provided by third parties is for informational purposes only, and the Company’s use of the content constitutes neither an endorsement nor a recommendation by businessmotivationfamily.com The Company assumes no responsibility for third party products or services.
These terms and/or the Website may contain links and references to other third party websites and materials. The Company does not assume any responsibility for these websites or materials and provides these links or materials solely for the convenience of Users. The Company does not endorse or otherwise recommend any of these third party websites, references, or the products, services, or information there offered. The Company may disable any hyperlink to the Website. The Company has the right but not obligation to monitor third party websites and hyperlinks to the Website.
THE COMPANY MAKES NO WARRANTY, EITHER EXPRESSED OR IMPLIED, OF THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THE INFORMATION PROVIDED BY THIRD PARTIES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY INFORMATION FOUND ON A LINK LOCATED ON THIS SITE THAT ALLOWS USERS TO ACCESS INFORMATION FOUND ON ANOTHER SITE. ADDITIONALLY, THE COMPANY DOES NOT WARRANT THE EXISTENCE OR FUNCTIONALITY OF ANY WEBSITE WHICH CAN BE ACCESSED THROUGH A LINK LOCATED ON THIS WEBSITE.
22. Termination of Agreement
In addition to the Company’s other rights, it may terminate this Agreement at any time and at its sole and absolute discretion. The Company may also terminate access to the Website or any purchase attempts if it believes, in its sole judgment, that You have breached or may breach any term or condition of this Agreement, or engaged in conduct that the Company deems inappropriate.
23. Effect of Termination
Upon any termination of this Agreement shall not relieve You from any payment obligations that may have arisen prior to such termination, or any other obligations pursuant to any other agreement that has not been specifically terminated, such as a Upload Agreement or Download Agreement. The provisions of clauses 1, 3, 8, 9, 12, 14, 15, 16, 19, 21, 22, 25, 26 and 27 shall survive the termination of this Agreement, when necessary and applicable.
24. Implied provisions consistent with the tenor of these terms and conditions if no provision
Other than as expressly set out in these terms and conditions, no implied conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) shall apply with respect to these terms and conditions. You shall indemnify and hold the Company as an entity, its agents, owners, employees, affiliates, and licensors harmless from any third party claim or liability (including without limitation reasonable legal fees) arising out of: (i) Your use of the web page and/or the services and Products the Company provide in a manner inconsistent with the terms and conditions or written instructions; (ii) A breach by you of these terms and conditions.
All parties involved in these Terms agree to participate in at least four hours of mediation in accordance with the mediation procedures of International Arbitration & Mediation whenever needed. The parties agree to share equally in the costs of the mediation. The mediation shall be administered by a neutral party, designated by an institution with international acknowledgement in these cases. Both parties will accept their competence and acknowledge them and accept their end results.
Mediation involves each side of a dispute sitting down with an impartial person, the mediator, to attempt to reach a voluntary settlement. Mediation involves no formal court procedures or rules of evidence, and the mediator does not have the power to render a binding decision or force an agreement on the parties.
26. Litigation last resort
The good-faith-negotiation provision, described above, was intended basically as the first step of a more comprehensive procedural scheme and obligation -imposed upon both parties- “to seek prompt and expeditious non-judicial resolution” of disputes between them. The procedures described and their sequence, make it evident that litigation was intended as a last resort, and not the beginning point, of the dispute resolution process. Further still the parties clearly intended to make litigation a dispute resolution mechanism of last resort.
27. Governing law
These Terms, Conditions and Notices and any other policies, terms, conditions and notices appearing on the Company’s Website from time to time shall be at all times governed by and construed in accordance with local law and in the event of any dispute which cannot be resolved amicably between the Company and any other Party you hereby submit to the nonexclusive jurisdiction of the competent courts which are local to the Company without reference to conflict of law principles.
These Terms constitute the entire agreement between the Company and the User and/or Purchaser regarding the subject matter hereof. Any previous agreement, whether oral or written, between the Company and the User and/or Purchaser dealing with the subject matter hereof is superseded. If any portion of these Terms is determined to be unenforceable for any reason, such portion will be deemed severed and the remaining terms and conditions shall continue in full force and effect. Upon User’s or Purchaser’s breach or threatened breach of these Terms, the Company may pursue any legal or equitable remedy available, including but not limited to, direct, consequential and punitive damages and injunctive relief. The company’s remedies are cumulative and not exclusive. Failure of the Company to exercise any remedy or enforce any portion of this Agreement at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. The User and Purchaser agrees that regardless of any statute or law to the contrary, any claim or action arising out of or regarding this Agreement must be filed within three (3) months after such claim or cause of action arose or be forever barred. By Accessing this Website, User/Purchaser signs for and accepts this shortening of the statutes of limitations. The company makes no representation that the content of the Site is appropriate or available for use in all locations. The Company operates this Website from Ukraine and makes no representation that the Website complies with any foreign or international laws. You agree to comply with all applicable local laws, including any international laws, in using this Website. You may not assign Your rights or delegate Your duties under these Terms. The parties agree that no third party is an intended beneficiary of these Terms. The Company cannot provide notifications via post, only e-mail.
29. Copyright Notice
© CHESS ONLINE PTE.LTD. (SG)
All rights reserved. The material displayed on, or contained in or accessible via this website is protected by copyright and/or sui generis rights and/or database rights applicable throughout the world and is the property of the Company or its licensors.
The Company reserves all intellectual property rights wherever in the world arising in and to the names the Company and all other names, logos and devices belonging to and/or used by us from time to time relating to the Company, none of which may be used by you in any manner whatsoever (including without limitation in any advertising, promotional literature or publicity material) save where:
1. Permitted by terms and conditions; or
2. Otherwise with the Company prior written consent.
Unless otherwise agreed in writing, delivery shall be made in accordance with seller’s shipping policy in effect on the date of shipment. Delivery dates provided by seller are estimates only. Seller will make reasonable efforts to deliver in accordance with such dates; however, seller will not be liable for failure to deliver as estimated. Unless otherwise agreed in writing by seller, goods shall be packaged according to seller’s standards and practices.
31. Shipping Policy
31.1. Shipping Methods
We proudly offer a variety of shipping methods from US Postal Service (USPS). Depending on the item/s being purchased and the delivery address, not all delivery options will be available to all customers. The rates quoted by our website reflect the actual shipping charge being quoted by that carrier for that particular method of delivery. In other words, that is what it will cost us to ship the package to the address that was provided. As such, we can not offer any shipping discounts beyond what is quoted on our website.
31.2. Sales Tax
Only residents of the state of Alabama will be charged United States sales tax. If the address of delivery is outside the state of Alabama, you will NOT be charged any sales tax.
31.3. Returns and Exchanges
All Shipping Charges are non-refundable. In the event that you receive FREE SHIPPING on an item and then choose to return it for a refund, this will void the FREE SHIPPING and the actual shipping rate for the package will be deducted from any refund due.
31.4. Media Mail
We proudly offer Media Mail shipping, a very cost-effective way to send DVDs, Books and Software via the US Postal Service. Please note that because the US Postal Service has significant restrictions on what can, and what can’t be sent via Media Mail, we can only offer this option on orders where ALL of the items being ordered qualify as Media Mail. We are sorry, but Media Mail is only available to customers living in the United States.
31.5. International Shipping
We are proud to ship to customers in many countries around the globe. All orders shipped internationally will be shipped via the method that you chose at the time of purchase. Please note that the arrival times listed on the Company’s web-site apply to U.S. shipping addresses only.The customs office of the destination country may impose customs fees, import duties, taxes, and other charges to your international order where applicable. These additional charges required for customs clearance are the responsibility of the recipient. When your order arrives at customs either our shipper, or the customs office will contact you directly to arrange for the payment of any charges that may be due.
CHESS ONLINE PTE.LTD.,
address: 10 Anson Road, #29-05A, International Plaza, Singapore (079903).