(defined below) and all parties who access the Website (defined hereunder) and make use of its features and contents
in any manner (hereafter referred to as ‘Visitors’).
Collectively the Provider and the Visitors shall be referred to as the ‘Parties’.
The use of any or all of the features and services offered by the Provider on Enetpulse.com website (hereafter referred to as the ‘Website’) and the information, materials and links contained therein, is subject to the ToU as set out below. Unless otherwise agreed by the Provider in writing, the ToU constitute the entire relationship between the Provider and the Visitor in its use of the Website including any or all of its functions on offer by the Website.
The Visitor has the duty to read carefully and understand the ToU before using the Website. A Visitor who has viewed the Website is considered to have read, understood and agreed to be bound by the ToU, without the need for any further act.
The Provider hereby reserves the right to suspend, add, amend, and/or supplement these ToU from time to time as it may deem appropriate.
The Provider recommends that the Visitor reads carefully the contents of these pages regularly. By using the Website the Visitor agrees to be bound by the ToU, as well as by the latest modifications to them, regardless of whether in fact the Visitor is aware of such modifications.
The Provider is under no obligation to verify that all Visitors use the Website according to the last updated ToU.
The effective version of the ToU is that which is posted on the Website.
The Website may only be used for lawful purposes. Use of the Website for transmission, distribution, publication or storage of any material on or via the Website which is in violation of any applicable law or regulation or any third party’s rights is strictly prohibited.
In the event of misuse and/or the abuse of the Website, the Provider reserves the right to close or block the Visitor from the Website and close any account registered in the Visitor’s name. The Provider retains the right to bring a lawsuit against the Visitor and at its sole discretion.
Third party websites
The Visitor acknowledges that any contact whatsoever made with third parties after viewing the Website, whether intended or unintended, and any outcome which ensues, is absolutely independent of the Provider and the Provider is not in any way responsible for any agreement or expectation and other consequence which ensues as a direct or indirect cause of this contact.
Any claim or dispute which may arise between the Visitor and such a third party shall in no way involve the Provider.
Third parties do not have access to the Visitors’ Personal Data and any other data that the Visitor may have given to the Provider.
Without prior authorisation in writing from the Provider, Visitors are not authorised to copy, modify, tamper with, distribute, transmit, display, reproduce, transfer, upload, download or otherwise use or alter any of the content of the Website.
Any breach of the aforementioned clause may be tantamount to a violation of applicable intellectual property rights within the European Union and other applicable laws. The Provider and any other party authorised on its behalf reserves the right to seek damages to the fullest extent permitted by law against any party committing directly or indirectly this breach.
Type of Relationship
These ToU are not intended to create any partnership, agency or joint venture between the Provider and the Visitor.
Visitors are advised to comply with applicable legislation in the jurisdiction in which they are domiciled and/or resident and/or present. The Provider does not accept responsibility for any action taken by any authority against any Visitor in connection with their use of the Website.
Law & Forum and/or community
This Agreement shall be governed by and construed in accordance with the laws of the country of Malta without giving effect to conflicts of law principles. The Parties submit to the exclusive jurisdiction of the court of the country of Malta for the settlement of any disputes arising out of concerning this Agreement.
Headings are intended for clarity and to facilitate reading of these ToU. They are not intended as a means of interpretation for the content of the paragraph that follows each heading. Headings are not intended to bind the Provider in any manner whatsoever.
Any waiver by the Provider of any breach by any Visitor of any provision of these ToU shall not be considered as a waiver of any subsequent breach of the same or any other provision of these ToU.
Warranties and Representations
It is hereby being specified that the Provider makes no representation, pledge or warranty (either explicit or implicit) that the content of the Website is accurate and/or suitable for any particular purpose other than those warranties which cannot be expressly excluded under the governing law of these ToU.
The Provider does not guarantee that any of the functions provided by the Website are authorised, and that the operation will fully satisfy the Visitor, that it is entirely secure and exempt from error, that it is updated regularly, that any software defect is regularly corrected, that it is uninterrupted, that the Website are virus or bug free, or that they are continually operational, that they are adequate, that the information and functions available thereon is reliable, or that all other information obtained and functions used on the Website are adequate and reliable. Those who choose to access the Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.