These Subscriber Terms Of Service (“Terms of Service”) constitute a binding contract between you (“Subscriber” or “Customer” or “you”) and Target Internet Limited (“Company” or “Target Internet” or “targetinternet.com”), regarding the terms under which the Company will provide the Subscriber with access to the Services.
By clicking on the button marked or “Pay with Card”, the Subscriber signifies its agreement to abide by these Terms of Service (“Acceptance”).
The Subscriber agrees that its consent, given electronically, will have the same legal effect as if it had been personally signed by the Subscriber.
To the extent permitted by law, these Terms of Service are intended to supersede any provisions of applicable law, which might otherwise limit their enforceability or effect, because they were entered into electronically.
Please print a copy of these Terms of Service for future reference.
Target Internet Limited
Registered office: The Elms, La Cheve Rue, Jersey, JE33EN
Company Registration Number 126222
Contact: [email protected]
1. Subscriber Warranties, Rights, Representations, Restrictions, And Obligations
1.1. Subject to these Terms of Service, the Subscriber will be granted a limited, non-exclusive, revocable, non-transferable, and non-sublicensable right to access that portion of the Subscription Website applicable to the chosen Subscription type.
1.2. By agreeing to grant such access, the Company does not obligate itself to maintain the Website in its present form.
1.3. The Company may upgrade, modify, change or enhance the Services and convert a Subscriber to a new version thereof at any time in its sole discretion, to the extent that this is not detrimental to Subscriber’s use of the Services and on reasonable prior notice to the Subscriber (unless the change is of critical business importance or outside the Company’s control, in which case the Company will explain the reason for the changes as soon as is reasonably practicable).
1.4. The Subscriber agrees to abide by any rules or regulations that the Company publishes with respect to conduct of Subscribers and other users of the Website, which rules and regulations are hereby incorporated into these Terms of Service by this reference.
1.5. The Company reserves the right to deny a Subscriber and/or an Authorized End User access to the Subscription Website if, in the Company’s sole discretion, the Subscriber and/or the Authorized End User has failed to abide by these Terms of Service or appear likely to do so.
1.6. The Subscriber promises, acknowledges, and agrees on behalf of itself and its Authorized End Users (in the case of Multi-User Subscriptions) that:
1.6.1. Access privileges may not be transferred to any third-parties;
1.6.2. It will not access, store, distribute or transmit any Viruses;
1.6.3. It will comply with all applicable laws and regulations with respect to use of the Services;
1.6.4. It will not rent, lease, sublicense, re-sell, distribute, transfer, copy or modify the Services or any component thereof;
1.6.5. It will not translate, decompile, or create or attempt to create, by reverse engineering or otherwise, the source code from the object code made available hereunder;
1.6.6. It will not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit the Services or any portion thereof;
1.6.7. It will not delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website or contained in the Services;
1.6.8. It is solely responsible for acquiring, installing, operating and maintaining the hardware and software environment, network connections, and telecommunication links, necessary to access and use the Services;
1.6.9. It will not use the Services in any manner, or in connection with any content, data, hardware, software or other materials that infringes upon or violates any patent, copyright, trade secret, trademark, or other intellectual property right of any third party, or that constitutes a defamation, libel, invasion of privacy, or violation of any right of publicity or other third party right, or that is threatening, harassing or malicious.
1.7. If you are a Multi-User Subscriber, you promise to obtain any and all consents required by law, including, but not limited to:
1.7.1. consent to transfer personally identifiable information of your Authorized End Users, and your representatives, if applicable;
1.7.2. consent to compile reports as to usage of the Services by your Authorized End Users and provide such reports to you, and
1.7.3. any other consents that may be required in order for us to provide the Services to you and your Authorized End Users.
1.7.4. consents from all relevant bodies including from your Authorized End Users, from the parents or legal guardians of your Authorized End Users (where necessary), and from other applicable individuals.
2. Availability Of Website
2.1. Subscriber recognizes that the traffic of data through the Internet may cause delays during the download of information from the Website and accordingly, it shall not hold the Company liable for delays that are ordinary in the course of Internet use. Subscriber further acknowledges and accepts that the Website will not be available on a continual twenty-four hour basis due to such delays, or delays caused by the Company’s upgrading, modification, or standard maintenance of the Website.
3. Intellectual Property Rights
3.1. The Services are owned by the Company, its licensors or other providers of such material, and are protected by copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
3.2. No right, title or interest in or to the Services or any portion thereof, is transferred to any Subscriber or Authorized End User, and all rights not expressly granted herein, are reserved by the Company.
3.3. The Company name, the Company logo, and all related names, logos, product and service names, designs and slogans, are trademarks of the Company or its affiliates or licensors.
3.4. The Subscriber may not use such marks without the prior written permission of the Company.
3.5. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
4. Company Obligations
4.1. The Company will use commercially reasonable efforts to enable the Services to be accessible, except for scheduled maintenance and required repairs, and except for any interruption due to causes beyond the reasonable control of, or not reasonably foreseeable by the Company, including, but not limited to, any Force Majeure Event (as defined below).
4.2. The foregoing undertaking shall not apply to the extent of any non-conformance caused by use of the Services contrary to the Company’s instructions, or modification or alteration of the Services by any party other than the Company.
5. Fees And Payment
5.1. Subscription Fee
5.1.1. The Subscriber agrees to pay the appropriate fee corresponding to the particular Services that it wishes to access for the applicable Subscription Term (“Subscription Fee”).
5.1.2. The Company reserves the right to change the Subscription Fee with respect to a Renewal Term with prior written notification.
5.1.3. Unless otherwise expressly stated, all fees are non-cancellable and non-refundable.
5.2. Free Trial
5.2.1. If the Subscriber cancels a Free Trial before it expires, the Subscriber’s credit/debit card will not be charged.
5.2.2. If the Subscriber does not cancel before expiration of the free trial, the Subscriber will automatically be enrolled in the appropriate membership (depending on Subscriber’s Free Trial sign-up choice), and the Subscriber’s credit/debit card will be billed accordingly.
5.3. Payment Details
5.3.1. Recurring charges are billed in advance of service.
5.3.2. The Subscriber agrees to provide the Company with valid, up-to-date and complete debit/credit card, contact and billing details.
5.3.3. The Subscriber further authorizes the Company to bill such debit/credit card on the Effective Date (and corresponding Renewal Dates, if appropriate) for the Subscription Fee due for the Subscription Term (and Renewal Term).
5.3.4. If, for any reason, the Subscriber’s credit/debit card company refuses to pay the amount billed for the Services, the Subscriber agrees that Company may, at its option, suspend or terminate Subscriber’s subscription to the Services and require Subscriber to pay the overdue amount by other means acceptable to the Company.
5.3.5. The Company may charge a fee for reinstatement of suspended or terminated accounts.
6. Term And Termination
6.1. General Subscription
6.1.1. The Subscriber may subscribe to the Services for the applicable term of the specific Subscription commencing on the Effective Date (“Initial Term”). Thereafter, the Subscription will renew automatically on the corresponding anniversary date (“Renewal Date”) of the Effective Date (each a “Renewal Term”, and collectively with the Initial Term, the “Subscription Term”), until the Subscriber notifies the Company of its intention not to renew prior to the end of the then-current term.
6.2. Free Trial Subscription
6.2.1. The Subscriber may cancel a Free Trial at any time before it expires by following the relevant instructions.
6.2.2. Continuance of the Subscription beyond the expiration of the Free Trial will incur the relevant fee.
6.2.3. The Company reserves the right to terminate or suspend access to all or any portion of the Services for violation or suspected violation of these Terms of Service.
6.3. Effect of Termination
6.3.1. Subscriber will have no further rights to access the Subscription Website.
6.3.2. Termination will not affect the rights or liabilities of either party that were accrued prior to termination.
7. Third Party Links Or Information
7.1. This Website contains links to other websites that are not operated by or related to the Company. The Company is not responsible for the content, accuracy or opinions expressed in such third party websites, and does not investigate, monitor, or check these websites for accuracy or completeness.
7.2. The inclusion of any linked website on this Website does not imply approval or endorsement of the linked website by Company.
7.3. A Subscriber that leaves this Website to access these third-party sites does so at its own risk.
8. Disclaimers Of Statements/Warranties
8.1. The Subscriber’s use of the services or items obtained through the services is at its own risk.
8.2. The services are provided on an “as is” and “as available” basis, without any statements or warranties of any kind, either express or implied.
8.3. Neither the Company nor any person associated with the Company makes any statement, warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the services.
8.4. Without limiting the foregoing, neither company nor anyone associated with the Company promises that the services or items obtained through the services or any portion thereof, will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that the services or the website or the server that makes it available, are free of viruses or other harmful components, or that the services or items obtained through the services will otherwise meet subscriber’s needs or expectations.
8.5. The Company hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose.
8.6. The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
8.7. No verbal or written representations, information or advice given by company or its authorized representative shall create a warranty or in any way increase the scope of this warranty.
9. Limitation Of Liability
9.1. The Company does not in any way exclude or limit its liability for death or personal injury caused by its negligence; fraud or fraudulent misrepresentation; or any other matter for which it would be illegal for company to exclude or attempt to exclude its liability.
9.2. In no event shall the Company, its licensors, employees, agents, officers or directors be liable to the Subscriber or any third party for any special, punitive, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, loss of data, or loss of profits, whether or not company has been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of the services or of any web site referenced or linked to from the services.
9.3. In no event will the Company, its licensors, employees, agents, officers or directors be liable to you or any third party for any indirect, consequential losses (where consequential losses means loss arising as a side effect of the main loss), which are not a reasonably foreseeable consequence of such main loss or damage, including but not limited to loss of income or revenue; loss of business; loss of profits; loss of anticipated savings; or loss of data.
10. Indemnity
10.1. The Subscriber agrees to compensate and defend fully the Company, its officers, employees, agents, successors and assigns, from and against any damages, losses, and expenses (including reasonable attorneys’ fees) resulting from any third-party claim, action or demand arising out of any breach by the Subscriber of any representation, warranty, covenant, obligation or duty of the Subscriber under this Agreement.
11. Governing Law
11.1. These Terms of Service shall be construed and governed by the law of England and Wales, and is subject to the exclusive jurisdiction of the courts of England and Wales.
12. Force Majeure
12.1. Force Majeure means any event beyond the reasonable control of the affected party which does not relate to its fault or negligence including epidemic or pandemic, acts of God, expropriation or confiscation of facilities, war, hostilities, rebellion, terrorist activity, local or national emergency, sabotage or riot or civil commotion, accidental destruction of hardware, software, systems, networks, databases, interfaces or facilities, the act or regulation of any relevant authority (including any stock exchange), any investigation by a relevant authority (other than routine checks), lock-out, strike and natural disaster, extreme weather events or other similar events.
12.2. The Company will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations that is caused by events outside its reasonable control (“Force Majeure Event”).
13. Privacy Policy And Website Use Policy
13.1. The Company reserves the right to modify its Privacy Policy at any time, and to the extent permitted by applicable law, changes to the Policy are effective immediately upon posting on the Website.
13.2. The Company will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with our Privacy Policy.
14. Complete Understanding
14.1. These Terms of Service, together with the Privacy Policy and the Website Use Policy constitute the sole and entire agreement between Subscriber and Company with respect to the Services and supersedes all prior and contemporaneous understandings, agreements, representations, warranties or terms and conditions, both written and oral, with respect to the Services.