Terms & Conditions

By accessing and using the Website (texonica.com), owned and operated by Texonica Inc. (the "Company"), You agree to be bound by the terms and conditions set forth below. If You do not agree to be bound by this Agreement, do not understand the Agreement, or if You need more time to review and consider this Agreement, please leave the Website immediately. The Company only agrees to provide use of the Website and Services to You if You assent to this Agreement.

DEFINITIONS

The parties referred to in this Agreement shall be defined as follows:
Company, Us, We: The Company, as the creator, operator, and publisher of the Website, makes the Website and certain Services on it, available to users. Texonica, Company, We, Us, Our, Ours and other first person pronouns will refer to the Company, as well as all employees and affiliates of the Company.
You, the User, the Client: You, as the user of the website will be referred to throughout this Agreement with second-person pronouns such as You, Your, Yours, or as User or Client.
Parties: Collectively, the parties to this Agreement (the Company and You) will be referred to as Parties.

AGE RESTRICTION

You must be at least Eighteen (18) years of age to use this Website or any Services contained herein. By using this Website, You represent and warrant that You are at least 18 years of age and may legally agree to this Agreement. The Company assumes no responsibility or liability for any misrepresentation of Your age.

INTELLECTUAL PROPERTY

The Website, including all content features in the Website including all text, graphics,images, logos, trademarks, and the link (the "Content"), and Services provided by the Company are the property of the Company. You agree that that the Company owns all right, title, interest in and to the Content and that You will not use the Content for any unlawful or infringing purpose.

Subject to this Agreement, the Company grants You a non-exclusive, limited, non-transferable, and revocable license to use the Content solely in connection with Your use of the Website and Services. The Content may not be used for any other purpose, and this license terminates upon Your cessation of the use of the Website or Services or at the termination of this Agreement.

You agree not to reproduce or distribute the Content in any way, including electronically or via registration of any new trademarks, trade names, service marks, or Uniform Resource Locators (URLs), without express written permission from the Company.

ACCEPTABLE USE

As a condition of Your use of the Website or Services, You agree not to use the Website or Service for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Website or Services in any way that could damage the Website, Services, or general business of the Company.

You further agree not to use the Website or Services to:
Harass, abuse, or threaten others or otherwise violate any person's legal rights;
Violate any intellectual property rights of the Company or any third party;
Perpetrate any fraud;
Engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
Attempt to gain unauthorized access to the Website or Service, other accounts, computer systems or networks connected with the Website or Service;
Transmit or upload any content or material that contains viruses, trojan horses, ransomware, or other harmful or deleterious programs or software;
Publish or distribute any obscene or defamatory material;
Publish or distribute any material that incites violence, date, or discrimination towards any group;
Unlawfully gather information about others, including email addresses;
Interfere with another user's use and enjoyment of the Website or Service or any similar Website or Service.

THIRD PARTY LINKS

You acknowledge that We may, from time to time, include links or references to other websites, other content, or other materials ("Third Party Links"), none of which are controlled by Us.

Third Party Links are provided for Your information only and We do not make any representations, warranties, or guarantees as to the accuracy, completeness, performance, reliability, timeliness, quality, or suitability for a particular purpose of these Third Party Links. We do not endorse, approve, or support these Third Party Links.

You use the Third Party Links at Your own risk.

EXCLUSION OF LIABILITY

The Website and Service, and its Content, are provided for general information only and may change at any time without prior notice.

You accept and acknowledge that the Website, Service, Goods, or Services may contain mistakes, errors, and inaccuracies.

Your use of the Website, Content, and information or documentation that We may provide to You in connection with Your use of the Goods, Services, or Products including documentation, data, and information developed by Us or owned by Us, and other materials which may assist in Your use of Goods or Services or Website (collectively, the "Materials"), is entirely at Your risk. It is Your responsibility to make sure that any Goods, Services, Materials, Content, or other information available through the Website or Service suits Your particular purpose.

Neither We, nor any third parties provide any guarantees or warranties regarding the accuracy, completeness, performance, reliability, timeliness, quality, merchantability, safety, legality, or suitability for a particular purpose of the Website, Goods, or Services.

To the maximum extent permitted by law, We hereby expressly exclude all warranties, guarantees, representations, or terms (whether express or implied) except for those expressly set out in these Agreements.

To the maximum extent permitted by law, We hereby expressly exclude any liability in relation to the accuracy, completeness, performance, reliability, timeliness, quality, merchantability, safety, legality, or suitability for a particular purpose of the Website, Goods, or Services.

To the maximum extent permitted by law, We hereby expressly exclude any liability in relation to loss of data, interruption to Your business or any damages which are incidental to or arise from such loss of data or interruption to business.

To the maximum extent permitted by law, We will not be liable for any damage, loss, cost, or expense including legal costs and expenses, whether direct or indirect, incurred by You in connection with Your use of the Website, Goods, or Services.

ASSUMPTION OF RISK

The Website and Services are provided for communication purposes only. You acknowledge and agree that any information posted on Our Website is not intended to be legal advice, medical advice, or financial advice, and no fiduciary relationship has been created between You and the Company.

You further agree that Your purchase of any products on the Website is at Your own risk. The Company does not assume responsibility or liability for any advice or other information given on the Website.

We shall not be liable for any damage to any computer, equipment, software, data, or other information caused by Your access or use of the Website or Service. We shall likewise not be liable for any action of third parties.

PRIVACY

Through Your Use of the Website and Services, You may provide Us with certain information. By using the Website or the Services, You authorize the Company to use Your information in the Philippines and any other country where We may operate.

We take Our privacy obligations very seriously.

Please refer to Our privacy policy for further information about what information We collect, how We use it and store it, and Your rights in relation to it.

COOKIES

This Website uses the following Cookies:
Advertising cookies for marketing and promotional purposes
Newsletter cookies for tracking newsletter and blog article consumption

INDEMNITY

You agree to defend and indemnify the Company and any of its affiliated (if applicable) and hold Us harmless against and legal claims and demands, including reasonable attorney's fees, which may arise from or relate to Your use or misuse of the Website or Services, Your breach of this Agreement, or Your conduct or actions.

You agree that the Company shall be able to select its own legal counsel and may participate in its own defense, if the Company wishes.

OTHER ACTION

We reserve the right to take any of the following actions in Our sole discretion:
Determine whether or not You have breached this Agreement;
Record any correspondence that occurs in public sections of the Website or Service;
Review any allegations about breaches of these Website or Service, and determine in Our sole discretion whether to take any action in response to those alleged breaches, including removal of any Content in relation to those alleged breaches;
Determine in our sole discretion whether to terminate Your or another user's access to any particular section or sections of the Website or Service.

SPAM POLICY

You are strictly prohibited from using the Website or any of the Company's Services for spam activities, including gathering email address and personal information from others or sending any mass commercial emails.

REVERSE ENGINEERING & SECURITY

You agree not to undertake any of the following actions:
Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website or Services;
Violate the security of the Website or Services through any unauthorized access, circumvention of encryption or other security tools, data mining, or interference to any host, user, or network.

MODIFICATION & SERVICE INTERRUPTIONS

The Company may, in Our sole discretion, vary, alter, amend, change, or update the Website or Service and/or its Content at any time. The Company may need to interrupt Your access to the Website to implement any change or to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that Your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that the Company shall have no liability for any damage or loss caused as a result of such downtime.

VARIATION OF TERMS

The Company may, from time to time and at any time without notice to You, modify this Agreement. You agree that the Company has the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that the modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.

You agree to routinely monitor this Agreement and refer to the Effective date at the bottom part of this Agreement to note modifications or variations. You further agree to clear Your cache when doing so to avoid accessing an older version of this Agreement.

Your continued use of the Website after any modifications to this Agreement is a manifestation of Your continued assent to this Agreement.

In the event that You fail to monitor any modifications to or variations of this Agreement, You agree that such failure shall be considered an affirmative waiver of Your right to review the modified Agreement.

ENTIRE AGREEMENT

This Agreement constitutes the entire understanding between the Parties with respect to any and all use of this Website. The Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this Website.

APPLICABLE LAW

This Agreement and Your use of the Website and all non-contractual relationships arising out of Your use shall be governed and construed in accordance with the laws of Estonia.

In case of any dispute or litigation, the Parties agree to submit to the jurisdiction of the Philippines courts.

ASSIGNMENT

This Agreement, or the rights granted hereunder, may not be assigned, sold, leased, or otherwise transferred in whole or in part by You. Should this Agreement, or the rights granted hereunder, be assigned, sold, leased, or otherwise transferred by the Company, the rights and liabilities of the Company will bind and insure to any assignees, administrators, successors, and executors.

SEVERABILITY

If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such conditions, the remainder of this Agreement shall continue in full force.

NO WAIVER

Our failure to enforce any provision of this Agreement shall not constitute a waiver of any future enforcement of that provision or of any other provision.

No waiver shall be deemed to have been made unless expressed in writing and signed by Us. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part or of the same part or sub-part on a future date.

HEADINGS

Headings of parts and subparts under this Agreement are for convenience and organization only. Headings shall not affect the meaning of any provisions of this Agreement.

CONTACT US

You can contact us about this Agreement using the following details:
Business Name: Texonica
Address: Sepapaja 6, Tallinn 15551, Estonia
Email: hello@texonica.com

EFFECTIVE DATE

This Agreement will become effective on 20 December 2022.

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