TERMS & CONDITIONS
10.12.2017
KINDLY READ THESE “TERMS & CONDITIONS” CAREFULLY BEFORE YOU USE THIS PLATFORM.
By using this
website, mobile app or any other CHARR product or service (collectively the
"Platform") on any computer, mobile device or any other device that
can connect to CHARR website (collectively, "Device"), you signify
that you have read, understand and agree to these Terms of Use and any other
applicable law, whether or not you are a registered member of CHARR. CHARR may
change these Terms of Use at any time without any notice, effective upon its
posting to this Platform. Your continued use of the Platform shall be
considered your acceptance to the revised Terms of Use. If you do not agree to
these Terms of Use, please do not use this Platform.
PHYSICAL ACTIVITY
The Platform may
include features that promote physical activity. Consider the risks involved
and consult with your medical professional before engaging in any physical
activity. CHARR is not responsible or liable for any injuries or damages you
may sustain that result from your use of, or inability to use, the features of
the Platform.
INTELLECTUAL PROPERTY
All intellectual
property on this Platform (except for User Generated Content) is owned by CHARR
which includes materials protected by copyright, trademark, or patent laws. All
trademarks, service marks and trade names (e.g., the CHARR name and the design)
are owned, registered and/or licensed by CHARR . All content on the Platform
(except for User Generated Content), including but not limited to text,
software, scripts, code, designs, graphics, photos, sounds, music, videos,
applications, interactive features and all other content.
PLATFORM USE RESTRICTIONS
You may use the
Content only for your own non-commercial use to participate in the Platform or
to place an order or purchase CHARR products. You agree that you wouldn’t change
or delete any ownership notices from materials downloaded or printed from this Platform.
You agree not to modify, copy, translate, broadcast, perform, display,
distribute, frame, reproduce, republish, download, display, post, transmit or
sell any Intellectual Property or Content appearing on the Platform, including
User Generated Content (defined below), without CHARR’s prior written consent,
unless it is your own User Generated Content that you legally post on the
Platform. You agree not to use any data mining, robots, scraping or similar
data gathering methods. Nothing in these Terms of Use shall be interpreted as
granting any license of intellectual property rights to you.
ORDERS
All orders placed
through the Platform are subject to CHARR’s acceptance and for reasons CHARR
may refuse to accept or cancel any order, whether or not the order has been
confirmed, for any or no reason, and without liability to you or anyone else.
If your credit card has already been charged for an order that is later
cancelled, CHARR would be responsible to issue you a refund.
SAFEGUARD YOUR LOGIN INFO
You are
responsible for any actions that take place while using your CHARR account.
Keep your username/password secure and do not allow anyone else to use your
username/password to access the Platform. CHARR is not responsible for any loss
that results from the unauthorized use of your username/password, with or
without your knowledge.
USER GENERATED CONTENT
"User
Generated Content" is communications, materials, information, data,
opinions, photos, profiles, messages, notes, website links, text information,
music, videos, designs, graphics, sounds, and any other content that you and/or
other Platform users post or otherwise make available on or through the
Platform, except to the extent the Content is owned by CHARR.
POSTING RULES FOR USER GENERATED CONTENT
BE RESPONSIBLE
You are solely
responsible for your User Generated Content, your interactions with other users
and your activity on the Platform. Do not take any action or post anything that
may expose CHARR or its users to any harm or liability of any type.
BE RELEVANT AND CONSTRUCTIVE
Stay on topic and
post only constructive comments and questions. Unless the Platform feature asks
for it, don't talk about policies, future products, speculations or rumors
about CHARR products, or anything else off topic.
BE COURTEOUS
Flaming and
insults are prohibited. Do not post User Generated Content, or a link to a
website, that, in CHARR’s sole discretion, is illegal, offensive, libelous,
defamatory, infringing, inflammatory, deceptive, inaccurate, misleading,
malicious, fraudulent, false, indecent, harmful, harassing, intimidating,
threatening, hateful, abusive, vulgar, obscene, pornographic, violent, sexually
explicit, invasive of privacy, publicity, intellectual property, proprietary or
contractual rights, offensive in a sexual, racial, cultural, or ethnic context,
will harm or threaten the safety of others, or is otherwise objectionable. Do
not post photos or videos of another person without that person's consent. Do
not "stalk," intimidate, abuse, harm or harass another Platform user
or person.
BE PRIVATE
Do not post
personal information. Do not collect or solicit personal information from other
Platform users or send unsolicited emails or other communications. Do not
collect, use or post on the Platform the private information of anyone else
without their consent or for illegal purposes.
BE PERSONAL
The Platform is
not to be used for any commercial purpose. Do not post any advertising,
solicitation or commercial content whatsoever on the Platform or accept payment
from a third party in exchange for your performing commercial activity on the
Platform. Do not post any User Generated Content that involves the transmission
of "junk mail," "chain letters," or unsolicited mass
mailing or "spamming." Do not use automated scripts to collect information
from, or otherwise interact with, the Platform.
BE YOURSELF
Do not impersonate
any person or entity, including without limitation athletes or CHARR employees.
Do not misrepresent yourself, your age or your affiliation with any person or
entity. Do not register for more than one CHARR account, register a CHARR
account on behalf of another individual, group or entity, or sell or transfer
your profile or account. Do not use or attempt to use another person's account,
username or password.
BE ORIGINAL
You promise that
you own or control all rights in any User Generated Content that you post on
the Platform. You are responsible for ensuring that any User Generated Content
that you post does not, and will not, infringe or violate anyone else's rights,
including copyright, trademark, patent, trade secret, privacy, publicity or
other personal or proprietary rights. You promise not to submit User Generated
Content unless you are the owner or have permission from the owner to post such
User Generated Content and grant CHARR the entire license rights granted in
these Terms of Use.
BE LEGAL
Do not post any
User Generated Content, take any action or use the Platform in a way that
violates any law, would create liability or promotes illegal activities. Do not
take any action on the Platform designed to interfere, disrupt, damage,
disable, overburden or limit the functionality of any computer software or
hardware, telecommunications equipment or the Platform. Do not post User
Generated Content that contains software viruses, programs or other computer
code. Do not circumvent or modify any Platform security technology or software.
GENERAL RULES FOR USER GENERATED CONTENT
CONTENT IS NOT PRESCREENED
CHARR do not
prescreen User Generated Content. CHARR does not guarantee the Platform will be
free from User Generated Content that is inaccurate, deceptive, offensive,
threatening, defamatory, unlawful or otherwise objectionable. CHARR is merely
acting as a passive channel for such distribution and is not undertaking any
obligation or liability relating to any User Generated Content or activities of
users on the Platform. Even in the event CHARR chooses to monitor any User
Generated Content, CHARR assumes no responsibility for, or any obligation to
monitor or remove, such User Generated Content. CHARR reserves the right to
edit, remove, or refuse to post any User Generated Content or terminate your
registered account for any reason.
ELIGIBILITY AND REGISTRATION
To become a member
of the CHARR Platform, or post User Generated Content, you may be required to
register for an account. You agree to provide accurate and current information
about yourself in all registration forms on the Platform. This Platform is
intended solely for users who are thirteen (13) years of age or older and it is
a violation of these Terms of Use for anyone under 13 to register for the
Platform. You represent and warrant that you are 13 or older. Your account may
be deleted without warning if you misrepresent your age, whether older or
younger.
COPYRIGHT INFRINGEMENT
COMPLAINTS
If you believe
that your work has been improperly copied and posted on the Platform, such that
it constitutes infringement, please provide us with the following information:
(1) name, address, telephone number, email address and an electronic or
physical signature of the copyright owner or of the person authorized to act on
his/her behalf; (2) a description of the copyrighted work that you claim has
been infringed; (3) a description of where on the Platform the material that
you claim is infringing is located; (4) a written statement that you have a
good faith belief that the disputed use is not authorized by the copyright
owner, its agent, or the law; and (5) a statement by you, made under penalty of
perjury, that the above information in your notice is accurate and that you are
the copyright owner or authorized to act on the copyright owner's behalf. These
requirements must be followed to give CHARR legally sufficient notice to CHARR
of infringement. Send copyright infringement complaints to:
CHARR
INDUSTRIES
Islam
Nagar Pacca Garah
Sialkot
51310
PAKISTAN
TEL:
+923217192979
We
suggest that you consult your legal advisor before filing a notice with CHARR's
copyright agent, because there may be penalties for false claims.
LINKS
The Platform may
contain links to websites, applications or other products or services operated
by other companies ("Third Party Platforms"). CHARR does not endorse,
monitor or have any control over these Third Party Platforms, which have
separate terms of use and privacy policies. CHARR is not responsible for the
content or policies of Third Party Platforms and you access such Third Party
Platforms at your own risk.
MOBILE SERVICES
The Platform
contains services and features that are available to certain mobile Devices.
Your carrier's normal rates and fees apply. Not all mobile services will work
with all carriers or Devices. By using CHARR's mobile services, you agree that
we may communicate with you by electronic means to your mobile Device and that
certain information about your use of these services may be shared with us. If
you change or deactivate your mobile phone number, you must promptly update
your account information to ensure that we don't send your messages to a different
person.
INDEMNIFICATION
You agree to
indemnify, defend, and hold harmless CHARR, its affiliates, officers,
directors, employees, agents, licensors and suppliers from and against all
claims, losses, liabilities, expenses, damages and costs, including, without
limitation, attorneys' fees, arising from or relating in any way to your User
Generated Content, your use of Content, your use of the Platform, your conduct
in connection with the Platform or with other Platform users, or any violation
of these Terms of Use, any law or the rights of any third party.
PRIVACY
Our Privacy Policy, which is incorporated into
these Terms of Use by this reference, further describes the collection and use
of information on this Platform.
USER INTERACTION DISCLAIMER
You are solely
responsible for your interactions with other people, whether online or in
person. CHARR is not responsible or liable for any loss or damage resulting
from any interaction with other Platform users, persons you meet through the
Platform, or persons who find you because of information posted on, by or
through the Platform. You agree to take reasonable precautions in all
interactions with other users on the Platform, and conduct any necessary
investigation before meeting another person. CHARR is under no obligation to
become involved with any user dispute, but may do so at its own discretion.
WARRANTY DISCLAIMER
CHARR is not
responsible or liable for any User Generated Content or other Content posted on
the Platform or for any offensive, unlawful or objectionable content you may
encounter on or through the Platform. The Platform, User Generated Content,
Content, and the materials and products on this Platform are provided "AS
IS" and without warranties of any kind. To the fullest extent permitted by
law, CHARR disclaims all warranties, express or implied, including, but not limited
to, implied warranties of title, merchantability, fitness for a particular
purpose and non-infringement. CHARR cannot guarantee and does not promise any
specific results from use of the Platform. CHARR does not represent or warrant
that the Platform will be uninterrupted or error-free, that any defects will be
corrected, or that this Platform or the server that makes the Platform
available are free of viruses or anything else harmful. To the fullest extent
permitted by law, CHARR does not make any warranties or representations
regarding the use of the materials or Content in the Platform in terms of their
correctness, accuracy, adequacy, usefulness, reliability or otherwise. You
understand and agree that you download or otherwise obtain Content at your own
risk, and that you will be solely responsible for your use and any damage to
your mobile Device, computer system or other Device in which you access the
Platform, loss of data or other harm of any kind that may result. CHARR
reserves the right to change any and all Content and other items used or
contained in the Platform at any time without notice. Some states do not permit
limitations or exclusions on warranties, so the above limitations may not apply
to you.
LIMITATION OF LIABILITY
CHARR SHALL NOT BE
LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES,
INCLUDING FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR
THE INABILITY TO USE, THIS PLATFORM OR THE PERFORMANCE OF THE PRODUCTS
PURCHASED THROUGH THE PLATFORM OR THE CONDUCT OF OTHER PLATFORM USERS (WHETHER
ONLINE OR OFFLINE) OR ATTENDANCE AT A CHARR EVENT OR ANY USER GENERATED
CONTENT, EVEN IF CHARR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU
ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PLATFORM. YOUR ONLY REMEDY
AGAINST CHARR FOR USE OF THE PLATFORM OR ANY CONTENT IS TO STOP USING THE
PLATFORM. THAT SAID, IF CHARR IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR
LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS PLATFORM OR ANY
CONTENT, CHARR'S LIABILITY SHALL NOT EXCEED US$100.00. APPLICABLE LAW 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.
MISCELLANEOUS
You agree that
this Platform shall be deemed a passive website solely based in Oregon, USA,
which does not give rise to personal jurisdiction over CHARR in jurisdictions
other than Oregon. You agree that this Platform, Terms of Use, Privacy Policy
and any dispute between you and CHARR shall be governed in all respects by
Oregon law, without regard to choice of law provisions, and not by the 1980
U.N. Convention on contracts for the international sale of goods. These Terms
of Use are further subject to Oregon Revised Statutes Chapter 72,
"Sales". Except where prohibited, you agree that all disputes, claims
and legal proceedings directly or indirectly arising out of or relating to this
Platform (including but not limited to the purchase of CHARR products) shall be
resolved individually, without resort to any form of class action, and
exclusively in the state or federal courts located in Multnomah County, Oregon.
You consent to waive all defenses of lack of personal jurisdiction and forum
non convenience with respect to venue and jurisdiction in the state and federal
courts of Multnomah County, Oregon. Any cause of action or claim you may have
with respect to the Platform (including but not limited to the purchase of CHARR
products) must be commenced within one (1) year after the claim or cause of
action arises. By using the Platform, you agree to receive certain electronic
communications from CHARR. You agree that any notice, agreement, disclosure or
other communication that CHARR sends you electronically will satisfy any legal
communication requirements, including that such communications be in writing. CHARR's
failure to insist upon or enforce strict performance of any of these Terms of
Use shall not be considered a waiver of any provision or right. Neither the
course of conduct between the parties nor trade practice shall modify any of
these Terms of Use. CHARR may assign its rights and duties under these Terms of
Use to any party at any time without notice to you.
SEVERABILITY
If any provision
in these Terms of Use is held invalid, the remainder of these Terms of Use
shall continue to be enforceable. If any provision in these Terms of Use is
deemed unlawful, void or unenforceable, then that provision is deemed severable
from these Terms of Use and the remaining provisions are still valid and
enforceable.
TERMINATION
CHARR
reserves the right in its sole discretion to terminate your account, delete
your profile and any of your User Generated Content, and restrict your use of
all or any part of the Platform for any or no reason, without notice, and
without liability to you or anyone else. CHARR also reserve the right to block
users from certain IP addresses or Device numbers and prevent access to the
Platform. You understand and agree that some of your User Generated Content, such
as that which is displayed outside your profile, in activity feeds, in other
parts of the Platform, or on other platforms (e.g., Facebook, Twitter, Google,
etc), may continue to appear on the Platform or on other platforms even after
your User Generated Content is removed or your account is terminated. These
Terms of Use remain in effect even after your account is terminated. The Terms
of Use relating to Intellectual Property, Indemnification, User Interaction
Disclaimer, Warranty Disclaimer, Limitation of Liability, Miscellaneous,
Severability and terms that by their nature may survive termination shall
survive any termination