This agreement applies as between you, the User of this Service and Blesta Club Part of the Blesta Club LTD group (“we,” “us,” “our,” “Blesta Club,” or “Blesta.Club”), the provider(s) of this Service. Your agreement to comply with and be bound by these Terms is deemed to occur upon your first use of the Service. If you do not agree to be bound by these Terms, you should stop using the Service immediately.
You agree that by accessing the Service, you have read, understood, and agree to be bound by all of these Terms. If you do not agree with all of these Terms, then you are expressly prohibited from using the Service and you must discontinue use immediately.
The terms of this agreement include, in particular, limitations on liability and an indemnity. If you do not agree to the terms of this agreement, we will not license use of Blesta Club software or services to you, and you must not use Blesta Club's software. We may from time to time vary these Terms. Please check these Terms regularly to ensure you are aware of any variations made by us. If you continue to use this Service, you are deemed to have accepted such variations. If you do not agree to such variations, you should not use the Service.
All Content included on the Service, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Blesta Club, our affiliates or other relevant third parties. By continuing to use the Service you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other relevant laws. You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Service unless otherwise indicated on the Service or unless given express written permission to do so by Blesta Club.
You acknowledge that all intellectual property rights in Blesta Club anywhere in the world belong to us, that rights in Blesta Club are licensed (not sold) to you, and that you have no rights in, or to, Blesta Club other than the right to use them in accordance with these Terms. You acknowledge that you have no right to have access to Blesta Club in source code form. You must not modify the software or digital copies of any materials you have accessed or downloaded from Blesta Club in any way and you must not use any software, code or any graphics separately from any accompanying material. You must not use any part of the content on Blesta Club for commercial purposes not specified on Blesta Club without obtaining a license to do so from us or our licensors. If you access, copy, or download any content on Blesta Club in breach of this Agreement, your right to use Blesta Club will cease immediately, and you must, at our option, return or destroy any copies of the materials you have made.
The provisions set out in these Terms govern your access to and your use of Blesta Club and shall constitute a legally binding agreement between you and us. We may change such terms from time to time and shall notify you accordingly if we do. If you do not agree to such terms, you must not use Blesta Club. Subject to you agreeing to abide by these Terms, we hereby grant to you a revocable, non-exclusive and non-transferable license to use Blesta Club on these Terms. By registering for an Account, which involves providing us with certain mandatory and voluntary information as required for a successful registration and using Blesta Club, you agree and acknowledge that:
You are responsible for maintaining the confidentiality of your Account and you are responsible for all activities that occur under your Account. You agree that all actions carried out by any person through your Account shall be deemed to be an act carried out by you, and you shall ensure that all persons who have access to and use your Account are authorized to do so. We are not responsible for any loss, damage or liabilities arising as a result of or in connection with the wrongful, fraudulent or illegal use of your Account. We reserve the right to, without any notice, explanation or liability and in our sole discretion, refuse to allow you or suspend your access to Blesta Club or your Account at any time, or remove or edit content on Blesta Club or on any of our affiliated websites (including social media pages). We reserve the right to change, modify, suspend or discontinue any portion of the Services, Blesta Club or any other products, services, and/or other software provided by us in connection with any of the foregoing at any time. You agree that access to or operation of any of the foregoing may from time to time be interrupted or encounter technical difficulties. Save to the extent permitted by us in writing, you are not permitted to use, or submit any content to, Blesta Club or any of our affiliated websites to advertise, promote or market any products or services of any third party or yourself.
You become a subscriber to Blesta Club by completing the registration of an Account. Our services require payment of subscription fees and/or other ad-hoc or ancillary fees before you can access or use them (“Fees”). These Fees will be notified to you through Blesta Club website. If you purchase a recurring subscription from us, the subscription period for your Account shall be renewed automatically before expiry of each subscription period, until terminated successfully through Blesta Club. By purchasing the recurring subscription, you authorise us or our related corporations to automatically charge the Fees: upon the commencement of your first subscription period, upon expiration of any applicable trial period or at a date otherwise indicated by us; and Three days prior to the renewal date of the subscription period thereafter, without any further action by you. Any Fees due in relation to your Account must be paid by their due date for payment, as notified to you through Blesta Club or otherwise. Failure to make timely payment of the Fees may result in the suspension or termination of your access to your Account and/or Blesta Club or any of the Services. Our Fees may be amended from time to time at our discretion. We will provide you reasonably advanced written notice of any amendment of recurring Fees. Your continued use of a recurring subscription will constitute acceptance of the amended Fees. You shall be responsible for any applicable taxes (including any goods and services tax) under these Terms. All payments shall be made by using the payment methods specified by us from time to time. You acknowledge and agree that you are subject to the applicable user agreement of any third-party payment methods. We shall not be liable for any failure, disruption or error in connection with your chosen payment method. We reserve the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to you or giving any reason. We must receive payment in full no later than the day on which such payment is required to be paid in immediately available and freely transferable funds, without any restriction, condition, withholding, deduction, set-off or counterclaim whatsoever. Unless otherwise notified in writing by us, termination of your Account for any reason whatsoever shall not entitle you to any refund of the Fees.
If you cancel your subscription to Blesta Club, you may continue to access your Account until the expiry of the subscription period in which the cancellation occurred.
You have the right to cancel your contract at any point during the term, This can be done in the form of an “Immediate” or “End of term” cancellation. To exercise your right to cancel your contract, you are required to notify us, by means of a clear declaration by submitting a cancellation request in the client area where you signed up of your decision to cancel your contract. This provides both parties with a copy of the cancellation request via email and automates the process. If you cancel your contract, we will honour the date chosen by yourself during the automated cancellation process. The provision of the Services will remain in effect until cancelled. You are entitled to cancel the Services by contacting us no less than 1 working day prior to the renewal date for your Services. Once this process is done, You’ll receive confirmation via email. This cannot be undone, If you cancel in error please get in touch.
Except as expressly set out in this Agreement or as permitted by any applicable law, you undertake:
You may use Blesta Club only for lawful purposes. You may not use Blesta Club:
You also agree:
We reserve the right, but not the obligation, to:
For the purposes of applicable data protection legislation, Blesta Club will process any personal data you have provided to us in accordance with our Privacy Policy available on the Blesta Club website at blesta.club. You agree that, if you have provided Blesta Club with personal data relating to a third party (a) you have in place all necessary appropriate consents and notices to enable lawful transfer such personal data to Blesta Club and (b) that you have brought to the attention of any such third party the Privacy Notice available on the Blesta Club’s website or otherwise provided a copy of it to the third party. You agree to indemnify Blesta Club in relation to all and any liabilities, penalties, fines, awards or costs arising from your non-compliance with these requirements.
Blesta Club may modify these terms or any additional terms that apply to the Service to, for example, reflect changes to the law or changes to the Service. You should look at the terms regularly. Blesta Club will post notice of modifications to these terms, or other policies referenced in these terms at the applicable URL for such policies. Changes will not apply retroactively and will become effective no sooner than 14 days after they are posted. If You do not agree to the modified terms for the Service, You should discontinue Your use of Blesta Club. No amendment to or modification of this Agreement will be binding unless (i) in writing and signed by a duly authorized representative of Blesta Club, (ii) You accept updated terms online, or (iii) You continue to use the Service after Blesta Club has posted updates to the Agreement or to any policy governing the Service.
We reserve the right to change, modify, or remove the contents of the Service at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on Blesta Club. We also reserve the right to modify or discontinue all or part of the Service without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service. We cannot guarantee the Service will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Service, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Service at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Service during any downtime or discontinuance of the Service. Nothing in these Terms will be construed to obligate us to maintain and support the Service or to supply any corrections, updates, or releases in connection therewith.
There may be information on the Service that contains typographical errors, inaccuracies, or omissions that may relate to the Service, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Service at any time, without prior notice.
The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Blesta Club accepts no liability for any disruption or non-availability of the Service resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
Blesta Club makes no warranty or representation that the Service will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure, and that all information provided will be accurate. We make no guarantee of any specific results from the use of Blesta Club. No part of this Service is intended to constitute advice and the Content of this Service should not be relied upon when making any decisions or taking any action of any kind. The Service is provided on an as-is and as-available basis.
We are not liable for the completeness, accuracy or correctness of any information uploaded to Blesta Club and any Related Content. You expressly agree that your use of the Services and Blesta Club, is at your sole risk. You agree not to use the Services, Blesta Club and the Related Content for any re-sale purposes, and we have no liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms (including but not limited to the use of, or inability to use, the Services, Blesta Club or any other website or software) for:
Nothing in these Terms shall limit or exclude our liability for:
Blesta Club is not intended to serve a record-keeping function and we shall not be liable for any loss of data or content. These Terms set out the full extent of our obligations and liabilities in respect of the supply of the Services and Blesta Club. Except as expressly stated in these Terms, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of the Services and Blesta Club which might otherwise be implied into, or incorporated in, these Terms whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.
You agree to indemnify and hold us, our related corporations, and our respective directors, officers, employees, agents and representatives, independent contractors, licensees, successors and assigns harmless from and against all claims, losses, expenses, damages and costs (including but not limited to direct, incidental, consequential, exemplary and indirect damages), and reasonable legal fees, resulting from or arising out of your act, default or omission, whether in your use of Blesta Club, Services, and/or any websites or software in relation thereto or otherwise, and whether in respect of your breach of these Terms or any laws or regulations or otherwise. Electronic Communications, Transactions, And Signatures Visiting the Service, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Service, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Service. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
In the event that any party to these Terms fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
In the event of any conflict between these Terms and any prior versions thereof, the provisions of these Terms shall prevail unless it is expressly stated otherwise.
These Terms and the relationship between you and Blesta Club shall be governed by and construed in accordance with the Law of England and Wales and Blesta Club and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.