DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY.
a) The Services and takeawaywebdesign.com are provided on an “AS IS”, “AS AVAILABLE”, “WITH ALL FAULTS” basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
b) To the extent permitted by the applicable law, we will not be liable for any indirect, special, incidental, consequential loss or damage whatsoever (including but not limited to loss of business, opportunity, data, profits, loss of or damage to property) arising out of or in connection with the use of the Services or caused on any theory of liability, including but not limited to product liability.
c) We make no warranty that the functionality of the Services will be uninterrupted or error free, that defects will be corrected or that the Services or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
d) We make no warranty that the Customer Content will not be lost or corrupted and we shall not be responsible for any loss, destruction, alteration, unauthorized disclosure or corruption of Customer Content.
Website availability: While we try to ensure the Website is normally available twenty four (24) hours a day, we do not undertake any obligation to do so, and we will not be liable to you if the Website is unavailable at any time or for any period.
Suspension of access: Access to the Website may be suspended temporarily at any time and without notice.
Information security: The transmission of information via the internet is not completely secure. Although we take the steps required by law to protect your information, we cannot guarantee the security of your data transmitted to the Website; any transmission is at your own risk.
CANCELLATION AND TERMINATION
You must notify us by email. There are no other means of cancelling your account. All of your content will be deleted from the Service within one (1) hour upon cancellation. This information cannot be recovered once your account is cancelled. If you are subscribed to a Plan and You cancel the Service, your cancellation will take effect immediately and you will not be charged again.
Services may be terminated by us at any time, without penalty and without notice, if the Customer fail to comply with any of the terms of this agreement.
The Customer agrees that we will not be liable to him/her or any third party for the termination of the Customer’s access to the Service.
Upon termination, we have the right to delete all data, files, or other information that is stored in the Customer’s account.
EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Website Terms that is caused by events outside our reasonable control (“Force Majeure Event”).
A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
strikes, lock-outs or other industrial action;
civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
impossibility of the use of public or private telecommunications networks; and
the acts, decrees, legislation, regulations or restrictions of any government.
Our performance under these Website Terms is deemed to be suspended for the period that any Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring any Force Majeure Event to a close or to find a solution by which our obligations under these Website Terms may be performed despite the Force Majeure Event.
Website information: While we try to ensure that information on the Website is correct, we do not promise it is accurate or complete. We may make changes to the material on the Website, or to the Service, Products and prices described on it, at any time without notice. The material on the Website may be out of date, and we make no commitment to update that material.