1. ACCEPTANCE OF TERMS OF USEThese Terms of Use (the “Terms” or the “Agreement”) are between you (“user” or “you”) and Doing Better Limited, registered number HE435084 company, registered under the law of Cyprus with its registration office in Thassos, 12, floor 3, room/office 302 Nicosia 1087, Cyprus (also referred as “us”, “we”).
1.1.
Modification of Terms. Doing Better reserves the right to update, change or replace any part of these Terms by posting updates and/or changes at any time, and we encourage you to review these Terms regularly. The date of the most recent revision will appear on the top page of these Terms. If you do not agree with these Terms do not use Services.
1.2.
Content of Services. Any materials, information or reports published, distributed or otherwise made available are published for information purposes and are subject to change at any time without notice.
2. USE OF SERVICESYou agree that your use of Services will be in compliance with all applicable local, state, provincial, national and international laws, rules and regulations.
2.1.
Age restriction. By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence. The Services are not intended for users under the age of 18 and we do not knowingly collect personal information from users under the age of 18. Users under the age of 18 are expressly prohibited from submitting any personal information.
If you are acting on behalf of a corporation or other organization, you represent and warrant that you have the ability to agree to these Terms on behalf of such organization and all references to "you" throughout these Terms will include such organization, jointly and severally with you personally.
2.2.
Contact us. To use the Services you must provide us at least with your name and email address. After that our manager will contact you to collect additional information about your business so that we could provide you with the best Services.
By providing us your details, you confirm that you accept our Terms and Conditions and Privacy Notice. You agree to promptly update provided information, including your email and phone number, so that we can contact you as needed.
2.3.
User responsibilities. You may not use our Website or Services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). All information and functionalities contained within the Services are not directed at or intended for use by any person resident or located in any jurisdiction where (1) the distribution of such information or functionality is contrary to the laws of such jurisdiction; or (2) such distribution is prohibited without obtaining the necessary licenses and such licenses or authorisations have not been obtained.
A breach or violation of any of these Terms will result in an immediate termination of your Services.
2.7.
Rules of conduct. In addition to other prohibitions, you are prohibited from using Services for the following purposes:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to submit false or misleading information;
(f) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, or the Internet;
(g) to collect or track the personal information of others;
(h) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(i) for any obscene or immoral purpose;
(j) to interfere with or circumvent the security features of the Services or any related website, or the Internet.
(k) uses any bots, cheats, macros, scripts, or other unauthorized software programs or tools; or
(l) uses any automated or manual process to copy, harvest, crawl, index, scape, spider, mine, gather, extract, compile, obtain, aggregate, capture, or store any content, or any other information available through the Services.
2.8. The Client must not modify or change the purpose and use of the Services during the term of the Agreement. Misleading others as to the existence of cooperation, association, relationship, or acting on behalf of Doing Better is prohibited.
2.8.
Open Source. The Websites may include open source components, which are licensed for use and distribution by us under applicable open source licenses. Use of these open source components is governed by and subject to the terms and conditions of the applicable open source license.
2.9.
Links to Other Sites. This Site may include links to other Internet sites that are beyond the control of Doing Better. We are not responsible for the content of any such sites, makes no representations regarding any such sites, and does not necessarily endorse or approve of the information, material, products or services contained on or accessible through any such sites. You acknowledge and agree that your linking to other sites, your use of such sites, and your use of any information, material, products and services offered by such sites, are solely at your own risk.
3. DISCLAIMER The contents of this Website are provided for information purposes only and do not constitute legal advice. We make no representations or warranties of any kind, express or implied, about the accuracy of the information on the Website. Contact with this Website does not establish a lawyer-client relationship, and any reliance you place on such information is strictly at your own risk.
4. NO WARRANTYTHE SERVICES AND CONTENT ARE PROVIDED WITH REASONABLE CARE AND SKILLS AND NO OTHER PROMISES OR WARRANTIES ABOUT THE SERVICES ARE MADE. YOU USE SERVICES AT YOUR OWN RISK. WITHOUT LIMITING THE FOREGOING, AND TO THE FULL EXTENT PERMITTED UNDER APPLICABLE LAW, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
5. LIMITATION OF LIABILITYTO THE FULL EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COMPANY OR ANY OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You are solely responsible for acquiring and maintaining such electronic devices and equipment that can handle and will allow you to access and use our Website and Services and for taking adequate and appropriate data security measures in accordance with good industry practice to protect yourself against fraud or cyber-attacks on a continuous basis (e.g. by using the most recent browser versions, and installing recommended security patches and up-to-date anti-virus programs and firewalls). We specifically disclaim all liability for any tampering with any user's computer system by unauthorized parties, or for losses or liabilities suffered by any user arising from viruses or attacks by hackers.
6. INDEMNITYYou will indemnify and hold harmless Company and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services or Content, (ii) your user content (if any), or (iii) your violation of these Terms.
7. SEVERABILITYIn the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
8. TERMINATIONThe obligations and liabilities of the parties incurred within these Terms are effective unless and until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Services.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
9. GOVERNING LAW AND FORUM CHOICEThese Terms and any other separate agreements concluded in relation to the Terms will be governed by and construed in accordance with the laws of Cyprus, except if otherwise agreed. Except as otherwise expressly set forth in Section 10 “Dispute Resolutions,” the exclusive jurisdiction for all Disputes (defined below) that you and Doing Better are not required to arbitrate will be held in the court of Cyprus with jurisdiction, and you and the Company each waive any objection to jurisdiction and venue in such courts.
10. DISPUTE RESOLUTIONS10.1.
Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or content (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Doing Better agree that the Arbitration Law, Cap. 4 and the International Commercial Arbitration Law 101/1987 govern the interpretation and enforcement of these Terms, and that you and Doing Better are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.
10.2.
Exceptions and Opt-out. As limited exceptions to Section 10.1 above: (i) you may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights. In addition, you will retain the right to opt out of arbitration entirely and litigate any Dispute if you provide us with written notice of your desire to do so by email at info@doingbetterltd.com or by regular mail atThassos, 12, floor 3, room/office 302 Nicosia 1087, Cyprus within thirty (30) days following the date you first agree to these Terms.
10.3.
Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the Cyprus Arbitration and Mediation Centre (CAMC) under its CAMC Arbitration rules (the “CAMC Rules”) then in effect, except as modified by these Terms. The CAMC Rules are available at
https://camc.org.cy/rules/. A party who wishes to start arbitration must submit a written notice of arbitration to CAMC as specified in the CAMC Rules.
10.4.
Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the CAMC Rules.
10.5.
Class Action Waiver. YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
11. GENERAL TERMS11.1.
Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Company and you regarding using our Website and the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Company and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Doing Better may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
11.2.
Waiver of Rights. The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Company. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
11.3.
Notices. Any notices or other communications provided by Company under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
12. CONTACT INFORMATION If you have any questions about these Terms or the Services, please contact us at info@doingbetterltd.com, or by phone: +357 967 185 00.
Updated on 21.11.2022