Terms and conditions

1. Status of these Terms & Conditions

1.1 These Terms & Conditions constitute a legal agreement between you and us, which govern your access to and use of healthpad.net and the services available on it as well as any correspondence, content or materials submitted by you to or via the Site. In these Terms & Conditions, “we”, “us” and “our” shall be references to HealthPad and to Kwatsi Limited and references to “you” and “your” shall be references to you the user.

1.2 Your access to and use of the Site is conditional upon your acceptance of and compliance with these Terms & Conditions. By accessing or using the Site you agree to be bound by these Terms & Conditions, the Privacy Policy, and Community Guidelines applicable to your geographic location. If you do not agree to the Terms & Conditions, the Privacy Policy and our philosophy, you are not permitted to and must not use the Site.

1.3 We may, without prior notice, change the Site or any part of it; stop providing the Site or features of the Site, to you or to users generally; or create usage limits for the Site.

1.4 We reserve the right, at our sole discretion, to change, modify, add, or remove portions of these Terms & Conditions at any time. Your continued use of the Site will indicate your agreement to the most current version of the Terms & Conditions posted on the Site at the time of such use.

1.5 From time to time we may supplement these Terms & Conditions with additional terms relevant to specific content, features or events. These additional terms may be placed on the Site to be viewed in connection with the specific content, features or events and shall be identified as such. You understand and agree that any such additional terms are hereby incorporated into these Terms & Conditions.

2. User Content & your agreement with us

2.1 If you register as a member of the Site you will be able to create and contribute to your profile page and upload, post, publish, display, transmit, share or otherwise make available User Content to certain sections of the Site

2.2 "User Content" means any information, text, image, audio, video or other materials uploaded, posted, published, displayed, transmitted, shared or otherwise made available on the website by users. Unless stated otherwise, references in these Terms & Conditions to User Content include Premium Content. You retain ownership of all User Content that you submit, post, display, or otherwise make available on the Site.

2.3 By uploading, posting, publishing, displaying, transmitting or sharing User Content on or through the Site you automatically grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, communicate to the public, process, adapt, edit, modify, publish, transmit, display and distribute such User Content (including any Premium Content) in any and all media or distribution methods (now known or later developed) including without limitation for the following purposes:
(a) hosting the User Content as part of the Site;
(b) including the User Content in the Site and making it available to other users in accordance with these Terms & Conditions;
(c) advertising or promoting the Site; and
(d) otherwise in connection with the provision of the Site or for our business.

2.4 The license you grant to us is royalty free and we will not be under any obligation to pay you or any other third party appearing in the User Content for using any of the User Content on the Site or for any of the purposes described above.

2.5 Unless we agree otherwise with you, you are free to use your User Content outside of the Site in any way you choose and in turn we shall not distribute or sell any of your User Content outside of the Site, other than in connection with the Site or the promotion of the Site.

2.6 We shall be entitled to refuse to post or at any time take down and cease to make available via the Site any User Content for any reason at our sole discretion.

2.7 You warrant and undertake that you own the Rights in and to all User Content that you submit to the Site or that you have the owner’s express permission or are otherwise entitled to submit the User Content to the Site and to make it available to us and other users of this Site in accordance with these Terms & Conditions. In addition, you warrant and undertake that you have obtained the express consent of any person who appears or whose personal information is included in any of the User Content that you submit to the Site.

2.8 Except as otherwise stated in these Terms & Conditions, you hereby permanently and without any condition or limitation whatsoever waive any moral rights and all other equivalent and neighboring rights that you may be entitled to under applicable law in relation to your User Content.

2.9 For the purposes of these Terms & Conditions, “Rights” means patents, registered and unregistered trademarks and service marks, domain names, registered designs and design rights, copyright (including such rights in computer software and databases), rights in performances, database rights and moral rights, rights subsisting in inventions, designs, drawings and computer programs (in each case for the full period thereof and extensions, revivals and renewals thereof), applications for any of the above rights and the right to apply for any of the above rights anywhere in the world, and all similar rights anywhere in the world including those subsisting in inventions, designs, drawings and computer programs.

3. User Content & your license to other users

3.1 In relation to all User Content other than Pay Content, by uploading such User Content you grant to all other users of the Site a worldwide, royalty-free, non-assignable and non-exclusive license to access such User Content through the Site and to use, copy, share, make available to third parties, display and perform such User Content to the extent that the Site enables any of the following from time to time (but not otherwise) and subject to the restrictions on use of User Content contained in these Terms & Conditions.

3.2 You may view and print one copy of the content of the Site and any User Content (collectively the “Site Content”), subject to the following conditions:
(a) the Site Content may only be used for your personal, non-commercial purposes;
(b) the Site Content shall not be reproduced or included in any other work or publication in any medium without our express written permission;
(c) the Site Content may not be modified, copied, altered, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted or sold in any form or by any means, in whole or in part;
(d) you shall not remove any copyright or other proprietary notices contained in any Site Content;
(e) you shall not copy, sell, rent, or sublicense the Site Content to any third party without our written permission, or in the case of any User Content, the express written permission of the owner of the rights in that User Content;
(f) you must not reproduce or re-post any User Content or any part of it on any other website or in any other medium, but you may share a human or machine followable link back to the page displaying the original source of any User Content on the Site; and
(g) you must not use the Pay Content in an illegal manner or for an illegal purpose.

3.3 If you violate any of these Terms & Conditions your rights to use User Content under this section 3 will immediately terminate and we may terminate your access to the Site and/or your HealthPad account without notice.

3.6 User Content will be viewable by other users of the Site and within third party services and websites. We strongly recommend that you should only provide User Content that you are comfortable sharing with others under these Terms & Conditions.

3.7 All User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the User Content posted via the Site. Any use of or reliance on any User Content or materials posted via the Site or obtained by you through the Site is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any User Content or communications posted via the Site or endorse any opinions expressed via the Site. You understand that by using the Site, you may be exposed to User Content that might be offensive, harmful, inaccurate or otherwise inappropriate. Under no circumstances will we be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of the use of any User Content made available via the Site or broadcast elsewhere.

3.8 You are responsible for your use of the Site, for any User Content you provide, and for any consequences thereof, including the use of your User Content by other users and third parties. You understand that your User Content may be shared and if you do not have the right to submit User Content for such use, it may subject you to liability. We will not be responsible or liable for any use of User Generated Content by us or any other users of the Site in accordance with these Terms & Conditions. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content that you submit.

3.9 We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any User Content on the Site.

3.10 We may modify or adapt your User Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your User Content as are necessary to conform and adapt that User Content to any requirements or limitations of any networks, devices, services or media.

4. Ownership of the Site

4.1 Other than the User Content, the Site is owned by us. We do not claim any ownership of any Rights in User Content, but all other Rights in and to the Site and all content and materials contained in the Site, including without limitation any text, photographs, pictures, graphics, diagrams, video, audio, music, software, applications and their compilation and lay out are owned by and shall remain owned by us or our licensors.

4.2 Save as expressly permitted herein, any other use of the Site Content and any copying, reproduction, modification, distribution, making available, publishing, sale or any other use of any Site Content for any purpose is not permitted and may be an infringement of our Rights or the Rights of our licensors.

5.3 In the event that you download any Site Content from the Site, you own the medium on which the Site Content is recorded but we do not transfer title to such Site Content to you and we retain full and complete title to the Site Content at all times, and all Rights therein. You may not redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise reduce any software contained in the Site Content to eye-readable form.

5. Safety & General Conditions of Use of the Site

5.1 Subject to these Terms & Conditions, we hereby grant you a personal, worldwide, revocable, non-assignable and non-exclusive license to use the Site as it is provided to you by us.

5.2 We encourage you to contribute User Content and we do our best to keep the Site safe, but we cannot guarantee it.

5.3 You hereby agree to access and use the Site only in accordance with these Terms & Conditions. In particular, when using the Site:
(a) you must not upload, post, publish, display, transmit share or otherwise make available any User Content or other files of any kind that we deem to be harmful, threatening, unlawful, confidential, defamatory, offensive, infringing, inflammatory, harassing, obscene, indecent, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose us or other users of the Site to any harm or liability of any type;
(b) you must not upload, post, publish, display, transmit, share or otherwise make available unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation or bulk communication;
(c) you must not solicit any private information from any third party, including, address, phone numbers, email addresses, national insurance details and payment details;
(d) you must not solicit login information, impersonate others or use or attempt to use another’s account, service or system without their authorization, or create a false identity on the Site;
(e) you shall not collect users' content or information, or otherwise access the Site, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission;
(f) you shall not use the Site in any improper or unlawful manner or in breach of any legislation or license that applies to you or is granted to you by us or any other party;
(g) you shall not intimidate or harass others or disclose personal information about others that could amount to bullying, harassment or intimidation; and
(h) you shall not use software to harvest information from the Site.

5.4 You agree to comply with all reasonable instructions that we may give you from time to time regarding the use of the Site.

5.5 You are responsible for obtaining (at your own cost) all necessary equipment and telecommunications services required to access and use the Site. You are responsible for ensuring that no one uses your equipment to access the Site without your permission. We will be entitled to assume that anyone who accesses the Site using your equipment has your permission to do so and you will be liable for any charges, costs, liabilities or damages that may be incurred by any such person when using the Site.

6. Registration and Account Security

6.1 To view any content and make full use of the Site you must first create a HealthPad user account. Registration is free.

6.2 Users of the Site must provide their real names and information. By using the Site you agree to comply with the following terms and conditions relating to registering and maintaining the security of your account:
(a) you will not provide any false personal information on the Site, or create an account for anyone other than yourself without permission;
(b) you will not create multiple personal profiles;
(c) If we disable your account for any reason, you will not create another one without our permission.
(d) you will not use your personal profile for your own commercial gain (such as selling your Content or messages to an advertiser).
(e) you will not use Kwatsi if you are under 16.
(f) you will keep your contact information accurate and up-to-date.
(g) you will not share your password, or do anything else that might jeopardize the security of your account.
(h) you will not transfer your account (including any page or application you administer) to anyone without first getting our written permission.
(i) if you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).

6.3 Your Account may be terminated without warning if we have any reason to believe that you are under 16 sixteen years of age or have violated any of these Terms & Conditions.

6.4 You should notify us immediately by contacting us on privacy@kwatsi.com if you suspect that anyone else knows your login details and/or has logged on as you.

6.5 We may at any time and for any reason refuse to accept a registration from any person.

7. Privacy

Your privacy is very important to us. We have designed our Privacy Policy to make important disclosures about how you can use the Site to share with others and how we collect and can use your content and information. We encourage you to read the Privacy Policy, and to use it to help make informed decisions. This policy forms an essential part of these Terms & Conditions and it is important that you read it. By using the service you consent to our Privacy Policy.

8. Advertising

8.1 We aim to deliver ads that are not only valuable to advertisers, but also valuable to our users. We will not give your content or information to advertisers without your consent, but advertisers may use cookies or other similar technology to collect other information about you. Please see our Privacy Policy for more details.

8.2 If you are interested in placing Adverts on the Site please contact a member of our Ads sales team.

9. Links

9.1 This Site may contain links to third party websites or resources operated by third parties. You acknowledge that we make no warranties or representations whatsoever about any such site which you may access through the Site. Without limiting the previous sentence, these sites are not in any way approved, checked, edited, vetted or endorsed by us and you agree that we shall not be responsible or liable in any way for the content, advertising, products or services available from such sites, their suitability, accuracy, compliance with relevant laws or accessibility of any information, data, advice or statements or for the quality or functionality of any service they provide.

9.2 If you choose to access a site beyond our control, you do so at your own risk. You agree that any use of any such third party site may be subject to your acceptance of additional terms and conditions of a third party. You agree that any transactions, dealings or arrangements that you have with such third party site operator (including without limitation buying any products or services) shall be direct with such third party on the terms and conditions (if any) of the third party and not with us. You hereby agree that we are not liable in any way in relation to such transactions, dealings or arrangements and you hereby waive any claim you might have against us with respect to such sites. Any arrangements made between you and any such third parties are at your sole risk and responsibility.

9.3 From time to time third parties may link to our Site without our express consent or knowledge. We are not responsible in any way for any transactions, dealings or arrangements which you may have with these unauthorized sites or any content which may be displayed or linked to by these third parties. If you do come across any link which is offensive or otherwise unsuitable or inappropriate to us or our users please let us know at by using the report abuse icon or contacting us directly at email address.

10. Medical Content

10.1 You acknowledge and agree that any User Content that includes medical information of any kind including without limitation any (“Medical Content”) is not intended to be medical advice or instructions for medical diagnosis or treatment, and no doctor-patient relationship is, or is intended to be, created between you and the person posting such User Content to the Site.

12.2 Medical Content should not be relied upon as a substitute for professional medical advice, examination, diagnosis or treatment and you should not start, delay, change or disregard any course of treatment based on the Medical Content without consulting a qualified doctor or healthcare professional. If you think you may have a medical emergency, call your doctor or the emergency services immediately.

10.3 We do not recommend or endorse the any information contained in any Medical Content or any tests, physicians, products, procedures, opinions or other information referred to or included in any Medical Content.

10.4 The Site is accessible by the public and so you should not post any information that you wish to remain confidential to the Site or send it to any other user. Correspondence with other users of the Site may not be confidential and does not create a doctor-patient relationship.

11. Answers to Legal Questions

11.1 User Content posted in response to any legal questions should not be relied upon as legal advice. No lawyer-client relationship is, or is intended to be, created between you and the person posting such Legal Content to the Site.

11.2 Legal Content is provided for information and neither we nor any person submitting any Legal Content gives any assurance or warranty that any Legal Content is true, comprehensive, accurate or relevant to any particular circumstances. Legal Content is not a substitute for professional legal advice and no action should be taken, delayed, waived or deferred based on the Legal Content. You should not ignore or disregard legal advice based on information contained in any Legal Content without first seeking professional legal advice.

11.3 The law is different in every country. If you need legal advice in relation to any matter you should contact a lawyer or attorney who is qualified in your country to discuss your options. In addition, delay in seeking such legal advice could result you losing the right to bring any claims that you may have, depending on the applicable statute(s) of limitation.

11.4 The Site is accessible by the public and so you should not post any information that you wish to remain confidential to the Site or send it to any other user. Correspondence with other users of the Site may not be kept confidential and does not create a lawyer-client relationship.

12. Notice and takedown procedure

12.1 If you become aware that the Site contains any material, including any User Content, which is inaccurate, inappropriate, defamatory, infringing of third party rights, offensive or does not comply with any of the provisions of these Terms & Conditions please contact us at this address: privacy@kwatsi.com.

12.2 Under no circumstances must you make any false claims that any content on the Site, including any User Content, is inaccurate, inappropriate, defamatory, infringing of third party rights, offensive or does not comply with any of the provisions of these Terms & Conditions. Making such false claims, whether deliberately, negligently or recklessly, is a breach of these Terms & Conditions and in some countries may result in you incurring personal liability.

12.3 You acknowledge that we do not actively monitor the content of the Site and that we may delete or remove from the Site immediately without notice any User Content or any other content of whatever nature, for any or no reason, including without limitation, if we believe in our absolute discretion that such content:
(i) infringes any right of any third person or is otherwise unlawful; and/or
(ii) is offensive, insulting, defamatory, obscene, indecent, objectionable or otherwise inappropriate or which is posted in breach of these Terms & Conditions. Such removal will be without any admission as to liability and without prejudice to our other rights and remedies.

12.4 We reserve the right to disclose to third parties any information about any member, including personal data relating to such member, where we required to do so by law or by a court or where we reasonably believe that such disclosure is necessary for the purposes of or in connection with legal proceedings brought by such third party against such member or for the purposes of such third party establishing, exercising or protecting its legal rights in relation to such third party. You hereby consent to the disclosure of your information for such purposes.

13. DISCLAIMERS

13.1 EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS & CONDITIONS, THE SITE AND ALL SITE CONTENT PROVIDED THROUGH IT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED (WHETHER BY COMMON LAW, CUSTOM, STATUTE OR OTHERWISE). WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THE SITE AND THE SITE CONTENT WILL MEET YOUR REQUIREMENTS NOR THAT YOUR USE OF THE SITE OR THE SITE CONTENT WILL NOT INFRINGE THE RIGHTS OF ANY THIRD PARTY NOR DO WE MAKE ANY WARRANTY OR REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY SITE CONTENT IN TERMS OF THEIR COMPLETENESS, ACCURACY, CURRENCY, RELIABILITY, OR OTHERWISE.

13.2 THE INFORMATION MADE AVAILABLE ON THIS SITE, WHETHER POSTED BY US OR BY ANY OTHER USER IS PROVIDED FOR INFORMATION PURPOSES ONLY. IT IS NOT INTENDED TO BE MEDICAL ADVICE NOR TO BE A REPLACEMENT FOR PROFESSIONAL MEDICAL CARE OR A CONSULTATION WITH A QUALIFIED DOCTOR OR OTHER HEALTH PROFESSIONAL. IF YOU ARE ILL OR ARE EXPERIENCING ANY SYMPTOMS OF ILLNESS WE RECOMMENDED THAT YOU CONTACT YOUR GP OR OTHER MEDICAL PROFESSIONAL.

13.3 WE ARE NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY USER CONTENT OR ANY OTHER THIRD PARTY CONTENT ON THE SITE AND WE DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR WHAT MEMBERS OR ANY OTHER USERS UPLOAD, POST, PUBLISH, DISPLAY, TRANSMIT, SHARE OR OTHERWISE MAKE AVAILABLE ON THE SITE NOR FOR ANY OFFENSIVE, INAPPROPRIATE, OBSCENE, UNLAWFUL OR OTHERWISE OBJECTIONABLE CONTENT THAT ANY USER MAY ENCOUNTER ON OR IN CONNECTION WITH ANY USER CONTENT OR ANY OTHER THIRD PARTY CONTENT ON THE SITE.

13.4 WE DO NOT MONITOR THE CONTENT OF THE SITE AND DO NOT UNDERTAKE ANY CLINICAL TRIALS OR OTHER VETTING OF INFORMATION AVAILABLE ON THE SITE. ACCORDINGLY, WE CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF THE SITE OR THE SITE CONTENT.

13.5 WE DO NOT GUARANTEE THAT ACCESS TO THE SITE WILL ALWAYS BE AVAILABLE OR THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED AND WE SHALL NOT BE LIABLE IF FOR ANY REASON THE SITE IS UNAVAILABLE AT ANY TIME OR FOR ANY PERIOD. IN ADDITION, ACCESS TO THE SITE MAY BE SUSPENDED TEMPORARILY AND WITHOUT NOTICE IN THE CASE OF SYSTEM FAILURE, MAINTENANCE OR REPAIR OR FOR REASONS BEYOND OUR CONTROL.

13.6 WE DO NOT WARRANT THAT THE SITE, THE SITE CONTENT AND ANY FUNCTION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE HELD RESPONSIBLE FOR THE SECURITY OF THE SITE OR FOR ANY DISRUPTION OF THE SITE HOWEVER CAUSED, LOSS OF OR CORRUPTION OF ANY MATERIAL IN TRANSIT, OR LOSS OF OR CORRUPTION OF MATERIAL OR DATA WHEN DOWNLOADED ONTO ANY COMPUTER SYSTEM.

13.7 PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OF LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES.

13.8 NOTHING IN THIS SECTION 17 OR THESE TERMS & CONDITIONS IS INTENDED TO DISCLAIM OR EXCLUDE ANY WARRANTY OR LIABILITY THAT CANNOT BE DISCLAIMED OR EXCLUDED BY OPERATION OF APPLICABLE LAW.

14. Termination

14.1 We may remove the Site or any part of it or cease the provision of any of the services available through the Site in our sole discretion for any reason at any time with or without notice.

14.2 In the event that you breach these Terms & Conditions, we may suspend your access to the Site until such breach is remedied or, without prejudice to our other rights and remedies, we shall be entitled to terminate your use of and access to the Site immediately without notice.

14.3 You shall be entitled to terminate your membership of the Site at any time by written notice to us. Termination of your membership, howsoever caused, shall not affect the accrued rights and liabilities of either you or us as at the time of such termination.

14.4 If your membership of the Site is terminated for any reason then:
(a) you agree that in respect of any contributions that you have made to any discussion, question thread or other forum and any comments that you have submitted to the Site, the license granted pursuant to paragraph 2.3 shall be irrevocable and so we shall be entitled to continue to display and make available such contributions and comments on the Site subject only to paragraphs 2.6 and 14;
(b) you agree that in respect of any other User Content that you have posted to the Site, the license granted pursuant to paragraph 2.3 shall remain in full force and effect unless and until you notify us in writing that you wish such User Content to be removed from the Site.

14.5 Upon termination of your access to the Site for any reason, you must destroy all Site Content obtained from this Site and any and all copies thereof, whether made under these Terms & Conditions or otherwise.

15. LIMITATION OF LIABILITY

15.1 NOTHING IN THESE TERMS & CONDITIONS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR:
(a) DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE; OR
(b) ANY LOSS SUFFERED BY YOU AS A RESULT OF YOUR RELIANCE ON ANY FRAUDULENT MISREPRESENTATION MADE BY US TO YOU; OR
(c) ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. 15.2 SUBJECT TO PARAGRAPH 19.1, YOU AGREE THAT WE SHALL NOT BE LIABLE FOR: (
a) ANY INDIRECT LOSS, CLAIM OR DAMAGE, OR ANY PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND; OR
(b) ANY LOSS OF PROFIT OR LOSS OF SAVINGS OR LOSS OR CORRUPTION OF DATA (IN EACH CASE WHETHER DIRECT OR INDIRECT), IN EACH CASE WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH
(I) ANY USE OF THE SITE OR THE SITE CONTENT;
(II) ANY FAILURE OR DELAY IN THE USE OF ANY COMPONENT OF THE SITE, THE SITE CONTENT OR ANY SERVICE INCLUDING, WITHOUT LIMITATION, ANY UNAVAILABILITY OF THE SITE, THE SITE CONTENT OR THE SERVICES IRRESPECTIVE OF THE DURATION OF ANY PERIOD OF UNAVAILABILITY; OR
(III) ANY USE OF OR RELIANCE UPON THE SITE, SITE CONTENT OR ANY INFORMATION, MATERIAL, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, IN ALL CASES EVEN IF WE HAVE BEEN FOREWARNED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.

15.3 WITHOUT LIMITING THE EFFECT OF PARAGRAPH 15.2, DUE TO THE INHERENT RISKS OF USING THE INTERNET, WE CANNOT BE LIABLE FOR ANY DAMAGE TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN USING OR BROWSING THE SITE. THE DOWNLOADING OR OTHER ACQUISITION OF ANY SITE CONTENT THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OR ACQUISITION OF ANY SUCH SITE CONTENT.

15.4 LAWS APPLICABLE IN YOUR COUNTRY OF RESIDENCE MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

15.5 IN RESPECT OF ANY OTHER LIABILITY OF ANY KIND THAT WE MAY HAVE TO YOU ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE SITE CONTENT OR YOUR USE OF THE SITE OR ANY OF THE SERVICES AVAILABLE VIA THE SITE, OUR MAXIMUM AGGREGATE LIABILITY SHALL BE LIMITED TO:
(a) WHERE SUCH LIABILITY RELATES TO ANY PRODUCT THAT YOU HAVE PURCHASED, VIA THE SITE, AN AMOUNT EQUAL TO THE NUMBER OF KWATSI CREDITS REDEEMED BY YOU TO PURCHASE THAT PRODUCT MULTIPLIED BY THE PRICE PAYABLE TO PURCHASE A KWATSI CREDIT ON THE DATE THAT YOU PURCHASED THAT PRODUCT; AND
(b) IN RESPECT OF ALL OTHER LIABILITY, THE SUM OF US$50.

15.6 You agree to indemnify, keep indemnified, defend and hold us and our other users and our officers, directors, shareholders, employees, owners, agents, contractors, partners, information providers and licensors harmless from and against any and all claims, damages, liability, demands, losses, costs and expenses (including legal fees) (whether or not foreseeable or avoidable) incurred or suffered by any of such parties and any claims or legal proceedings which are brought or threatened arising out of or in connection with:
(a) any User Content that you post or share on or through the Site;
(b) your use of the Site, the Site Content or any other services provided through the Site other than in accordance with these Terms & Conditions;
(c) your conduct in connection with the Site or services provided or with other users of the Site, any purchases, transactions, dealings or arrangements with any third party made via the Site; or
(d) any violation of these Terms & Conditions or of any law or the rights of any third party.

16. General

16.1 Any failure or delay by us to enforce any of our rights under these Terms & Conditions is not to be taken as or deemed to be a waiver of that or any other right unless we acknowledge and agree to such a waiver in writing.

16.2 These Terms & Conditions are not intended to be for the benefit of, and shall not be exercisable by, any person who is not a party to these Terms & Conditions under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

16.3 If any paragraph or part of a paragraph of these Terms & Conditions is, or becomes, invalid, illegal or unenforceable, then that paragraph or part of a paragraph shall be deemed to be deleted from these Terms & Conditions. Any such deemed deletion shall not affect the validity, legality or enforceability of the remainder of these Terms & Conditions.

16.4 The warranties, exclusions and the other express provisions of these Terms & Conditions and the Privacy Policy set out the full extent of our obligations and liabilities concerning its subject matter and supersede any previous agreements between the parties relating thereto. Subject to paragraph 19.1(b) you shall have no remedy in respect of any untrue statement made to you upon which you relied in entering into these Terms & Conditions other than any remedy you may have for breach of the express terms of these Terms & Conditions.

16.5 This Agreement is governed by the laws of England and Wales and the parties agree to submit to the exclusive jurisdiction of the English Courts.

17. Kwatsi.com

17.1 The Site is owned and operated by Kwatsi Limited, a Company incorporated in England (company number: 07388404) with its registered office at 14 Hanover Square, London W1S 1HP.

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