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Terms
By accessing and using the poserva.com website (“Website”) and all services offered by Poserva through the Website (“Services”), the person or organisation entering into these Terms as a user of the Website or Services, together with all individual users accessing the Website or Services on that person’s behalf (together, “you” or “Users”) accept and agree to be bound by these terms of use (“Terms”). Users may only use the Website and Services in accordance with these Terms. All rights not expressly granted to Users in these Terms are reserved by Poserva.

These Terms apply to all use of the Website (including any paid use of the Services), and any free trial of the Services.

Non-compliance with these Terms
If a User does not comply with these Terms, Poserva may, at its discretion and with or without notice, cancel or suspend that User’s account and refuse to provide Services to that User.

Amendments
Poserva reserves the right to amend or update these Terms and the Services it provides at any time with or without notice to Users, and may also add new features that will be subject to the Terms. Any User who continues to use the Website or Services after any changes have been made will be taken to have agreed to those changes. Users should therefore check these Terms regularly. New versions of these Terms will be dated according to the date on which they took effect.

Account information
In order to access and use the Services, Users will need to:

be 13 years or older;
be a natural person, as accounts and User logins may not be registered or accessed via bots or other automated methods; and
provide certain information about themselves, including a full legal name and email address (as prompted by the Website) (“Account Information”).
All Users agree to provide true, accurate, current and complete Account Information, and to maintain and promptly update their Account Information in order to ensure that it remains true, accurate, current and complete.

Cancellation of accounts
Poserva reserves the right to cancel or suspend any User’s account at any time in its sole discretion, and all Users are entitled to cancel their account with Poserva at any time. All cancellations will result in the deactivation or deletion of the User’s account.

An email or phone request to Poserva to cancel a User account is not considered cancellation. Users may only cancel their account through the Website. If a User elects to cancel its account, cancellation will not become effective unless and until no money is owing on that User’s account. If you cancel the Services before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.

All of your data and content will be deleted from our systems immediately upon cancellation of your account. This content cannot be recovered once your account is cancelled. Poserva is not liable for any loss or damage following, or as a result of, cancellation of your account, and it is your responsibility to ensure that any content or data which you require is backed-up or replicated before cancellation.

Payments
All Services are charged in advance on a monthly basis and are non-refundable, including for partial months of Services, Service upgrades or downgrades or unused Services in an open account. Poserva will not be held liable in any way for any lack of refunds in connection with the Services. A valid credit card number is required for paying all User accounts.

Poserva will charge a User’s credit card for any upgrade that a User opts for in respect of the Services at the start of the User’s next billing monthly cycle.

Fees
The fees charged for the Services (“Fees”) are subject at all times to change by Poserva giving 30 days notice, which will be posted on the Website. Poserva shall not liable to Users or any third party for any modification to the Fees.

Taxes
All Fees are exclusive of all taxes , and the User indemnifies and holds Poserva harmless against any claims by any tax authority for any underpayment of any sales, use, goods and services, value added or other tax or levy, and any penalties and/or interest.

Responsibility
Each User will be responsible for all activity that results from its use of the Services. Poserva disclaims any and all liability in relation to each Users’ use of the Services, and will not be held accountable if a User suffers any loss or damage as a result of its use of the Services, including (but not limited to) any loss or damage resulting from:

any downgrade of the Services that Users may opt for through the Website; and
the cancellation of any User’s account.
Services are provided “as is”
The Website and Services are provided on an “as is” and “as available” basis, and your use of them is at your sole risk. Poserva does not warrant that: (a) the Services will meet your specific requirements; (b) the Services will be uninterrupted, timely, secure, or error-free; (c) the results that may be obtained from the use of the Services will be accurate or reliable; (d) the quality of any products, services, information, or other material purchased or obtained by you through the Services will meet your expectations; or (e) any errors in the Services will be corrected.

You acknowledge that Poserva may use third party suppliers to provide necessary hardware, software, networking, connectivity, storage and related technology required to provide the Services. The acts and omissions of those third party suppliers may be outside of Poserva control, and Poserva does not accept any liability for any loss or damage suffered as a result of any act or omission of any third party supplier.

On behalf of itself and such third party suppliers, Poserva excludes any other warranties that may be implied or otherwise apply under statute or otherwise under applicable law, to the maximum extent permitted by law.

Liability
Poserva shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Poserva has been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the Service; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services; (c) unauthorised access to or alteration of your transmissions or data; (d) statements or conduct of any third party regarding the Services; or (e) any other matter relating to the Services.

Poserva maximum aggregate liability under or in connection with this Agreement shall be limited to the amount of Fees paid to Poserva by the relevant User per month, multiplied by 12.

Indemnity
Each User indemnifies, and will keep indemnified, Poserva against all forms of liability, actions, proceedings, demands, costs, charges and expenses which Poserva may incur or be subject to or suffer as a result of the relevant User’s use of the Services.

No illegal use
No User may use the Website or Services for any illegal or unauthorised purpose, or upload any information that is in breach of any confidentiality obligation, copyright, trade mark or other intellectual property or proprietary rights of any person, entity or organisation.

No malicious use
Users may only access the Website and Services through the interface provided by Poserva, and must not use the Website or Services for any malicious means, or abuse, harass, threaten, intimidate or impersonate any other User of the Website or Services.

Intellectual property
All Users agree that Poserva owns all of the intellectual property rights existing in the Website and Services. However, Poserva claims no intellectual property rights in relation to the information or content uploaded to the Website by Users.

Poserva branding
No User may publish or use Poserva brand, branding or logos except with Poserva prior written consent.

Technical support and malfunctions
Poserva will try to promptly address (during normal business hours) all technical issues that arise on the Website or in connection with the Services. However, Poserva will not be liable for any loss suffered as a result of any partial or total breakdown of the Website or any technical malfunctions resulting in an inability to use the Services (either in whole or in part).

Security
Users are responsible for maintaining the security of their account and password on the Website. Poserva will not be liable for any loss or damage that may result from any failure to keep User names and passwords secure.

Poserva makes efforts to keep content uploaded by Users secure, but will not be liable for any loss or damage that may result from any breach of security, or any unauthorised access or use of that content.

Governing law and jurisdiction
These Terms shall be governed by Malaysian law, and all Users submit to the exclusive jurisdiction of the Malaysian courts for any matter or dispute arising in relation to these Terms.

© 2018 POSERVA All Rights Reserved.