Mirath

Terms and Conditions

Last update : December 6th, 2020.

Welcome to Mirath (the “Site”). The Site is owned and operated Memori BN Enterprise. (hereinafter, “Memori”, “we” or “us”). The use of our Site, online and other services (collectively, the "Service") is subject to the following terms of use and the conditions of our Privacy Policy. By using the Service, you agree to these Terms of Use.

Please read these Terms of Use carefully to ensure that you understand everything.

By accessing the Service you signify that you have read, understood, and agree to be bound by these Terms of Use and to the collection and use of your information as set forth in our Privacy Policy, whether or not you are a registered user of our Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We may update our policies from time to time and it is your responsibility to check for updates.

We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

THESE TERMS OF USE INCLUDE (1) A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US; AND (2) AN INDEMNITY BY YOU FOR CERTAIN DAMAGE SUFFERED BY US THAT MAY ARISE OUT OF YOUR USE OF THE SERVICE. BY USING THE SERVICE, YOU AGREE TO THESE PROVISIONS.

Who can use our products and services

This is a contract between you and Memori. You must read and agree to these terms before using the Service, and if you do not agree, you may not use the Service. You may use the Service only if you can form a binding contract with Memori, and only in compliance with these Terms of Use and all applicable local and international laws, rules and regulations.

The products and services described on the Service are only available for persons in those jurisdictions in which they may legally be sold. Nothing on the Service shall be considered a solicitation to buy or an offer to sell anything to any person in any jurisdiction in which such offer, solicitation, purchase, or sale would be unlawful.

If you use the Service, you are responsible for maintaining the confidentiality of your account and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account. Further, by using the Service, you warrant that you are at least 18 years of age and possess the legal authority to use the Service. Memori does not sell products to minors, but it sells them to adults. Memori reserves the right to refuse service, terminate accounts or remove or edit content in its sole discretion.

You agree that: (i) you will not use the Service if you are not fully able and legally competent to agree to these Terms of Use; (ii) you will only use the Service for lawful purposes; (iii) you will not use the Service for sending or storing any unlawful material or for fraudulent purposes or to engage in any illegal, offensive, indecent or objectionable conduct; (iv) you will not use the Service to advertise, solicit or transmit commercial advertisements, including “spam”; (v) you will not use the Service to cause nuisance, annoyance or inconvenience; (vi) you will not impair the proper operation of the network; (vii) you will not try to harm the Service in any way whatsoever; (viii) you will not copy, or distribute the Service or other content without written permission from Memori; (ix) you will only use the Service for your own use and will not resell it to a third party; (x) you will keep secure and confidential your account password or any identification we provide you which allows access to the Service; and (xi) you will provide us with whatever proof of identity we may reasonably request.

Intellectual Property

The contents of the Service, including the “look and feel”, any witticisms, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, proprietary content and other materials and all related intellectual property rights, are the exclusive property of Memori and its licensors, and protected under international laws.

You acknowledge and agree that Memori and/or its licensors own all right, title and interest in and to the Service (including all intellectual property rights therein or related thereto) and you agree not to take any action(s) inconsistent with such ownership interests. You do not acquire any rights or licenses under any of Memori’s (or its licensors’) intellectual property rights on account of these Terms of Use. You acknowledge and agree that the features and functionality of the Service, and all software, content, data, information and materials contained therein are the confidential and proprietary information of Memori (or its licensors), and accordingly you agree to (i) maintain the confidentiality of such information using reasonable efforts and care (but in no event less than the same efforts and care you use to protect your own confidential and proprietary information) and not disclose such information to any third party without the prior written consent of Memori, and (ii) only use such information for the purposes of using the Service provided by Memori hereunder.

The logos, trademarks, and service marks used on the Service are pending or registered marks of Memori. Nothing on the Service should be construed as granting, by implication, or otherwise, any license or right to use these marks without Memori’s prior written permission specific for each such use. All goodwill generated from the use of Memori’s marks shall be for the benefit of Memori. All logos, trademarks and service marks not owned by Memori that appear on the Site or our mobile application are the property of their respective owners.

Any and all (i) suggestions for correction, change and modification to the Service and other feedback (including but not limited to quotations of written or oral feedback), information and reports provided to Memori by you (collectively “Feedback”), and all (ii) improvements, updates, modifications or enhancements, whether made, created or developed by Memori or otherwise relating to the Service (collectively, “Revisions”), are and will remain the property of Memori. You acknowledge and expressly agree that any contribution of Feedback or Revisions does not and will not give or grant you any right, title or interest in the Service or in any such Feedback or Revisions.

All Feedback and Revisions become the sole and exclusive property of Fabric and Fabric may use and disclose Feedback and/or Revisions in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to Fabric any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property rights) that you may have in and to any and all Feedback and Revisions. At Memori’s request, you will execute any document, registration or filing required to give effect to the foregoing assignment.

Indemnity, limitation of liability, no warranties

You agree to defend, indemnify and hold harmless Memori and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of these Terms of Use, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, right provided by any labor or employment law, rule, or regulation, or intellectual property right; (iv) your violation of any applicable law, rule or regulation; (v) any content or account information that is submitted via your account including without limitation misleading, false, or inaccurate information; (vi) your gross negligence or willful misconduct; or (vii) any other party’s access and use of the Service (or access and use of any third-party service via the Service) with your unique username, password or other appropriate security code (or, with respect to third-party services, your account information).

The Service is provided on an “as is” and “as available” basis. Use of the Service is at your own risk. To the maximum extent permitted by applicable law, the Service (and all information, content, materials, or products included in the Service) is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from Memori or through the Service will create any warranty not expressly stated herein. Without limiting the foregoing, Memori, its subsidiaries, its affiliates, and its licensors do not warrant that the information, content, materials, or products included in the Service are accurate, reliable, up-to-date, or correct; that the Service will meet your requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service or Memori’s servers or emails are free of viruses or other harmful components. Any content or data downloaded or otherwise obtained through the use of the Service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from such download or your use of the Service.

Memori does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and Memori will not be a party to or in any way monitor any transaction between you and third-party providers of products or services, except in those circumstances in which Memori expressly agrees to be a party to a transaction between you and third-party providers of products or services. Obligations under insurance policies are the sole responsibility of the issuing insurance company, and are not the responsibility of Memori.

Certain results of the Service will be based on preliminary data provided by you and received by Memori, without independent verification. Further, the amount of insurance coverage you need may differ from the results depending on information we did not request of you. These results should not be interpreted as a recommendation that you buy or forgo any insurance product or apply for particular amounts of coverage or obtain coverage with particular limits without doing further independent research.

To the maximum extent permitted by applicable law, Memori, its affiliates, agents, directors, employees, suppliers and licensors shall not be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service. Under no circumstances will Memori be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or your account or the information contained therein.

To the maximum extent permitted by applicable law, Memori assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of the Service or any information, content, materials, or products included in the Service; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Service; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Service by any third party; (vi) any errors or omissions in the Service or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or (vii) incorrect account information supplied by you or any account information you failed to update; and/or (viii) the defamatory, offensive, or illegal conduct of any third party. Fabric, its affiliates, agents, directors, employees, suppliers, and licensors shall not be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an aggregate amount exceeding the commissions earned by Fabric hereunder in the twelve (12) months preceding the claim that gave rise to the liability.

This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Memori has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

General Conditions

We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including sensitive information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Sensitive information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Accuracy and Completeness of Information

Although we enforce accuracy and authenticity, we are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Modifications to the Service and Prices

Prices for our products and services are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Products and Services

We have made every effort to display as accurately as possible the colors and images of our products and services that appear on the site. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Third-Party Products and Services

Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Personal Information

Your submission of personal information through the store is governed by our Privacy Policy.

Errors, Inaccuracies and Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, etc. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (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 harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) 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, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Indemnification

You agree to indemnify, defend and hold harmless timeliss.com and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Severability

In the event that any provision of these Terms of Service 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 of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, 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).

Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Brunei Darussalam.

Contact Us

Please contact us at contactus@mirath.io with any questions regarding these Terms of Use or any complaints or concerns about our Service.

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