If you are not satisfied with the Website or other Offers, the only solution is to stop using the Website or the Offers, except for the limited warranties that may apply to Darix Limited Product Offers or as expressly stated in Section 4 of this Agreement (the Darix Limited Customer Warranty).
The information and features included in this Website are subject to change at any time without notice. By accessing or linking to this Website (to the extent that linking is allowed), you assume the risk that the information on this Website may be changed or deleted.
We reserve the right at any time to:
- Change the terms and conditions of this Agreement;
- Improve, add, modify or interrupt the Website or other Offers, or any part of the Website or other Offers, at any time at our sole discretion.
From time to time, we reserve the right, at our sole discretion, to modify, update, add, interrupt, delete, revise or change any part of this Agreement, in whole or in part at any time. If you provide us with information, or if you access or use the Website or participate in any Offer in any way after this Agreement has been changed, you will be deemed to have read, understood and unconditionally consented to and accepted such changes. The most current version of this Agreement will be available on the Website and will replace all previous versions of this Agreement.
The Website or the Offers, in whole or in part, may be improved, modified or interrupted at our sole discretion. Any improvement, extension or modification of the Website or Offers will be subject to this Agreement.
You must have Internet access and pay any service fees associated with such access to use the Website. In addition, you must provide all the necessary equipment for your Internet access. You are and will remain solely responsible for the purchase, connection, installation, loading, operation and maintenance of any hardware, software, telephone (cable or other) service and Internet access service on your personal computer and all costs related. You are solely responsible for scanning your hardware and software for computer viruses and other related problems before using them. We expressly disclaim any liability for any error or failure related to the malfunction or failure of your hardware or software associated with the use of the Website or the Offers.
You hereby declare and confirm that you are eighteen (18) years of age or older and that you are the authorized user of each and every credit card used to purchase Darix Limited® products through the Website.
Darix Limited® products and the Darix Limited business opportunity cannot be offered, shipped or sold in any country outside the countries previously authorized by Darix Limited. Darix Limited is expanding its sales in other markets. Check the updates periodically.
4. SALES THROUGH THIS WEBSITE AND CUSTOMER WARRANTY Darix Limited
Darix Limited products and services are sold through a network of Darix Limited Members. To purchase Darix Limited products or services, you do not need to become a member of Darix Limited.
By placing an order on this Website, you agree that this transaction can be carried out electronically. Once you have placed an order on the Website, your Darix Limited Member can accept your order and choose to carry it out in one of two ways: 1) your Darix Limited Member will complete your order from your own inventory of personal products; 2) Darix Limited will place your order from one of our warehouses on behalf of its Member.
Darix Limited guarantees the quality of any product that bears the name of Darix Limited and certifies that the components manufactured for it meet high levels of freshness and purity for customer use. We are sure that our customers will find our products satisfactory in all aspects.
However, if for any reason, a retail customer is not completely satisfied with any Darix Limited product purchased in Darix Limited, we offer an exchange or a full refund (excluding shipping costs). Simply request a refund from Darix Limited within thirty (30) days after receiving the product, by contacting our Customer Service Department at Darix Limited. This warranty is limited only by the terms of certain specific warranties attached or packaged with certain products and does not apply to any product intentionally damaged or misused.
5. YOUR INFORMATION AND PRIVACY
6. OUR PROPERTY RIGHTS
This website and all content it contains, or may contain in the future, including but not limited to articles, opinions, other text, directories, guides, photographs, illustrations, images, video and audio clips and advertising copy, as well as trademarks, copyrights, logos, domain names, codes, trade names, service marks, patents and all copyrighted material (including source and object code) and/or any other form of intellectual property (collectively, the «Material») are owned by or under license for us or other authorized third parties and are protected against unauthorized use, copying and dissemination by copyright, trademark, advertising and other laws, as well as international treaties. Unless we have expressly authorized it in writing, you may not capture, reproduce, perform, transfer, sell, license, modify, create derivative works from or based on, republish, reverse engineer, upload, edit, publish, transmit, publicly display, frame, link, distribute or fully or partially exploit any Material. Nothing contained in this Agreement or on the Website should be construed as implicitly granting legal or otherwise impeding any license or right to use any Material in any way without our prior written consent of such third party that may possess the Material or intellectual property shown on the Website. UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, PUBLICATION, REPUBLICATION, UPLOAD, FRAMING, DOWNLOADING, PUBLICATION, TRANSMISSION, DISTRIBUTION, DUPLICATION OR ANY OTHER WRONG USE OF SOME MATERIAL ARE STRICTLY PROHIBITED. Any use of the Material that is not permitted by this Agreement will constitute a violation of this Agreement and may be a violation of copyright and/or patents. You agree not to use the Material for illegal purposes and not to violate our rights or those of other people. You agree not to interfere (or allow the use of your membership by a third party to interfere) with normal processes or the use of the Website by other members, including, without limitation, the attempt to access the administrative areas of the Website. You agree to report any violation of this Agreement by others in case you are aware of them. We advise you that we will aggressively enforce our rights to the full extent of the law. We may add, change, interrupt, delete or suspend any material at any time, without prior notice and without liability. Darix Limited, our logo and the name of the products manufactured, marketed, sold or distributed by Darix Limited are registered trademarks and/or service marks of Darix Limited or its affiliates. All other trademarks, service marks and logos used on the Website or in other Offers are trademarks, service marks or logos of their respective owners.
7. MEMBERSHIP AND REGISTRATION
If you sign up on the Website, you assume responsibility for all activities that occur in your account, email and password, if any, and accept that you will not sell, transfer or distribute your membership, membership rights or any email address issued by the Website. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer so that other people cannot access the password protected part of the Website or your email account published on the Site with your full or partial name. If you believe that your password has been compromised, it is your responsibility to change it.
We may, at our sole discretion, at any time, and with or without prior notice, cancel your password and membership, for any reason or no reason.
Although we try to maintain the integrity of the Website and other Offers, we do not guarantee the accuracy or completeness of the Website or other Offers. If you believe that you have discovered an error on the Website or in other Offers, please contact us at firstname.lastname@example.org and include, if possible, a description of the error, your URL location and your contact information. We will make a reasonable effort to address your concerns.
9. WARRANTY DISCLAIMER LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT THIS WEBSITE AND ALL THE MATERIAL AND INTELLECTUAL PROPERTY CONTAINED IN IT ARE DISTRIBUTED «AS IS», «AS AVAILABLE», «WITH ALL FAULTS» AND WITHOUT WARRANTIES OF ANY KIND, EXPLICITED OR INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR GUARANTEES OF FITNESS FOR A PARTICULAR PURPOSE OR THOSE DERIVING FROM STATUTES OR OTHERWISE IN THE LAW OR A NEGOTIATION OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.
YOU ACCEPT THAT WE AND OUR PARENT , AFFILIATED, SUBSIDIARY COMPANIES, LICENSORS, ALLOCATED AND EACH ONE OF ITS EMPLOYEES, OFFICIALS AND DIRECTORS (JOINTLY, THE «RELEASED PARTIES»), ARE NOT RESPONSIBLE FOR DAMAGES OF ANY KIND, EITHER BASED ON A CRIME, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT COME OR RESULT IN ANY WAY OR IN RELATION TO THIS WEBSITE, OFFERS,USER FORUMS, MATERIALS OR ERRORS OR OMISSIONS IN THEIR TECHNICAL OPERATION OR THE MATERIAL, WHETHER WE HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER CAUSED SOLELY OR IN PART BY NEGLIGENCE, FORTUITOUS EVENTS, TELECOMMUNICATION FAILURES, THEFT, OR THE DESTRUCTION OR UNAUTHORIZED ACCESS TO THIS WEBSITE OR ITS ASSOCIATED INFORMATION OR PROGRAMS. IN SPITE OF ANY OTHER PROVISION IN THIS AGREEMENT, IN NO EVENT AND UNDER NO CIRCUMSTANCES THE RELEASED PARTIES SHALL BE LIABLE TO YOU FOR ANY REASON OR ANY CAUSE OF ACTION FOR AN AMOUNT EXCEEDING FIFTY DOLLARS ($50). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS AND/OR DISCLAIMERS FOR CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
We make no statement or warranty about the integrity, accuracy, timeliness or adequacy of any information, facts, opinions, views, statements or recommendations contained in this Website, in any Offer and/or in the Material. The reference to any product, process, publication or service of any third party by commercial name, domain name, registered trademark, service mark, logo, manufacturer or otherwise does not constitute or imply its approval or recommendation by us. Views and opinions of the users of this Website do not necessarily indicate or reflect those of Darix Limited. Users are responsible for seeking the advice of professionals, as appropriate, regarding the information, opinions, advice or content available on this Website.
The Internet may be subject to security breaches. We are not responsible for the damages resulting in the computer of any user, any security breach or any virus, failure, manipulation, unauthorized intervention, fraud, error, omission, interruption, elimination, fault, delay in operation or transmission, failure in the computer system or any other technical or other failure. You should also keep in mind that electronic delivery over the Internet may not be secure and you should consider this aspect before sending any information to anyone over the Internet. We do not have any representation or warranty on the suitability, functionality, availability or operation of this Website. This Website may not be available temporarily due to maintenance or equipment malfunction.
BY MAKING USE OF THIS WEBSITE, YOU AGREE TO COMPENSATE, DEFEND AND MAINTAIN THE RELEASED PARTIES IMMUNE FROM AND AGAINST ANY CLAIM OF THIRD PARTIES, LAWSUITS, CAUSES OF ACTION, TRIALS, DAMAGES, LOSSES, RESPONSIBILITIES AND ALL DEFENCE EXPENDITURE INCLUDING WITHOUT LIMITATION, THE REASONABLE ATTORNEY FEES RISING FROM OR RELATING TO: YOUR VIOLATION OF YOUR REPRESENTATIONS, WARRANTIES, PACTS OR AGREEMENTS INDICATED BELOW; YOUR VIOLATION OF THIS AGREEMENT OR ANY LAW; YOUR USE OF THIS WEBSITE AND/OR OF THE MATERIAL IN VIOLATION OF THIS AGREEMENT; THE INFORMATION OR MATERIAL PUBLISHED OR TRANSMITTED THROUGH YOUR COMPUTER OR MEMBER ACCOUNT, EVEN IF YOU HAVE NOT PERSONALLY OFFERED IT, THAT VIOLATES ANY OTHER COPYRIGHT, REGISTERED TRADEMARK, COMMERCIAL SECRET, COMMERCIAL IMAGE, PATENT, PRIVACY TERGIVERSATION CARRIED OUT BY YOU; AND/OR OUR USE OF YOUR INFORMATION. YOU WILL COLLABORATE AS FULLY AND REASONABLY POSSIBLE IN THE DEFENSE OF ANY CLAIM BY THE COMPANY. THE COMPANY RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO COMPENSATION BY YOU AND YOU SHALL NOT IN ANY CASE ACCEPT ANY MATTER WITHOUT OUR WRITTEN CONSENT.
11. TERMINATION MODIFICATION
We will determine your compliance with this Agreement at our sole discretion and our decision will be final and binding. Any violation of this Agreement may result in restrictions on your access to all or any part of the Website (including any Web Property or email address provided by the Website) and may be referred to law enforcement authorities. No waiver of any part of this Agreement will have any value or effect unless it is completed in writing and signed by a duly authorized Darix Limited officer. We reserve the right to modify or interrupt this Website or any part thereof without prior notice to you or third parties. Upon termination of your membership or access to the Website or upon the request of Darix Limited, you must destroy all materials obtained from this Website, as well as all related documentation and all copies and installations thereof. We notify you that we will aggressively enforce our rights to the full extent of the law.
If any provision of this Agreement is found to be invalid by decision of any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
The laws of Malta apply to this Agreement (without regard to principles of conflicts of laws involving the application of the laws of any other jurisdiction) and shall not be specifically governed by the United Nations Conventions on contracts for the international sale of goods, if applicable. Any dispute between you and us must be brought to a court of general jurisdiction in Malta within ninety (90) days of the existence of the facts giving rise to the cause of action. Otherwise, such dispute shall be forever barred. You hereby consent and submit to the exclusive personal jurisdiction and venue of the courts located in Malta for any cause of action relating to or resulting from this Agreement or the Website.