"Account" means the User account created free of charge for using the Site.
"Products" means the goods and services displayed on the Site and offered for sale/use.
"Site" means www.vitafoamaltd.com owned and operated by Vitafoam (A) Ltd.
"VAL" means Vitafoam (A) Ltd.
"User" means and includes the customer or buyer, who purchases Products offered for sale through the Site.
VAL reserves the right to suspend, cancel, discontinue or make modifications and alterations in any Product descriptions or other content displayed on the Site at any time without notice.
4. Comments Policy
VAL accepts no responsibility for the comments made on the posts and any harm resulting thereof.
VAL reserves the right to edit or delete any comments submitted by the User without notice if:
The comments are deemed to be spam or questionable spam
The comments are harmful, threatening, abusive, harassing, blasphemous, objectionable, defamatory, vulgar, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever.
VAL makes no representations as to the accuracy or completeness of any comments on this Site or found by following any link on this Site.
VAL shall not be liable for (a) any errors or omissions in the comments or (b) for the availability of these comments.
5. Disclaimer of Warranties and Liability
Your use of the Site is at your own and sole risk. All content displayed on the Site is for general information or use. They do not constitute advice and should not be relied upon in making (or refraining from making) any decision. The information from or through this Site is provided on "AS IS" basis, and all warranties and conditions, expressed or implied of any kind, regarding any matter pertaining to any content,/ information, or service, including without limitation, the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, etc., are disclaimed and excluded. TIL does not warrant that descriptions or other content or prices related to the Products, Vouchers or other information and content contained on the Site is accurate, complete, reliable, current, or error-free.
Notwithstanding anything to the contrary, VAL's entire liability to you shall be the refund of the money charged from you for any specific product, under which the unlikely liability arises. Under no circumstances shall VAL be liable for any indirect, incidental, special, punitive or consequential damages, any loss of profits/revenue/goodwill or any indirect or remote loss that you or your friends and family may suffer.
VAL is not responsible and/or liable in any manner whatsoever to all that is stated about the Products, in relation to the performance, quality of the Products, equipment’s, etc. and/or also with regard to the views, opinions, etc. stated/featured in relation to the Products.
The images shown on the Site may differ from the original Product. Results mentioned in relation to any Product may vary from person to person or from situation to situation or from state to state depending on the place of proposed delivery and availability of the Product in that region. All effort has been taken to make the content accurate on a best effort basis and the producer will be glad to ensure rectification of any inaccuracies that may have crept in, on being pointed out.
None of the provisions of this agreement, terms and conditions, notices or the right to use the Site by the User contained herein or any other section or pages of the Site and/or the linked sites, shall be deemed to constitute a partnership between the User and VAL and no party shall have any authority to bind or shall be deemed to be the agent of the other in any way.
14. Communication with Users
VAL reserves the right to communicate with Users regarding this Site, User's use of the Site or any Product purchased by User on this Site. You hereby agree and consent to receive messages from VAL from time to time in relation to any new deals or in relation to the purchase of products by the User irrespective of your registration for Do Not Disturb/Call as per any legal regulations.
9. Force Majeure
VAL shall have no liability to you for any interruption or delay, to access the Site irrespective of the cause. VAL shall also not be liable in case such interruption or delay in accessing the Site or any failure or delay in delivery of products is due to any element of nature or Act of God, fire, flood, earthquake, war, explosion, acts of terrorism, governmental action, riots, insurrection, breakdown of internet connection, power failure, strikes or labour disputes
10. Governing Law and Jurisdiction
11. Notice of Copyright Infringement
VAL is not liable for any infringement of copyright arising out of materials posted on or transmitted through the Site, or items advertised on the Site, by end users or any other third parties. Our policy is to comply with all intellectual property laws and to act expeditiously upon receiving any notice of claimed infringement.
Vitafoam (A) Ltd
P.O. Box 257 Blantyre,
We request you to please provide the following information in your complaint:-
a physical or electronic signature of a person authorized to act on behalf of the copyright owner for the purposes of the complaint,
identification of the copyrighted work claimed to have been infringed
identification of the material on our website that is claimed to be infringing or to be the subject of infringing activity,
the address, telephone number or e-mail address of the complaining party,
a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law, and
a statement, under penalty of perjury, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed
All notices shall be sent in English language only.