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TERMS AND CONDITIONS OF USER

These Terms of Use (together with the documents referred to in it) tells you the terms of use on which you may make use of our Site , whether as a guest or a registered user. Use of our site includes accessing, browsing, or registering to use our site.

Please read these Terms of Use carefully before you start to use our site, as these will apply to your use of our site. We recommend that you print a copy of this for future reference.By using our site, you confirm that you accept these Terms of Use and that you agree to comply with them. If you do not agree to these terms of use, you must not use our site.

OTHER APPLICABLE TERMS

These terms of use refer to the following additional terms, which also apply to your use of our site:

  • Our Privacy Policy (see site) which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

With regards to the goods, services and/or digital content on our site, separate terms and conditions (if any) may apply.


CHANGES TO THESE TERMS

We may revise these terms of use at any time by amending this page.

Please check this page from time to time to take notice of any changes we made, as they are binding on you.

CHANGES TO OUR SITE

We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that our site, or any content on it, will be free from errors or omissions.

ACCESSING OUR SITE

Our site is made available free of charge.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our site.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

YOUR ACCOUNT AND PASSWORD

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us via our Contact Email Address.


INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged. You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licencors.

If you print off, copy or download any part of our site in breach of these Terms of Use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

NO RELIANCE ON INFORMATION

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

LIMITATION OF OUR LIABILITY

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by New York law.


To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, our site; or
  • use of or reliance on any content displayed on our site.

If you are a business user, please note that in particular, we will not be liable for:

  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.


Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products and/or services by us to you, which will be set out in applicable terms and conditions (see our site).

UPLOADING CONTENT TO OUR SITE

Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy (see below).

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.

We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.


The views expressed by other users on our site do not represent our views or values.

You are solely responsible for securing and backing up your content.

ACCEPTABLE USE POLICY

Content posted by you (if any) on our site must not:

  • make defamatory, libelous, false or misleading comments;
  • use obscene, insulting, racist, sexist or otherwise discriminatory, offensive or inappropriate language;
  • advocate or induce others to engage in unlawful activities;
  • infringe the right to privacy, intellectual property or proprietary rights of others; or
  • violate any New York, foreign or international statute, regulation, rule, order, treaty, or other law.

There is no endorsement, implied or otherwise, by us of any content posted by you on our site.

You must not use any automated or manual techniques including any form of web scraping intended to allow use of material on this website without complying with these terms of use.

VIRUSES

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may commit a criminal offence under relevant laws and regulations. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

LINKING TO OUR SITE

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy. If you wish to make any use of content on our site other than that set out above, please contact us at our Contact Email Address.THIRD PARTY LINKS AND RESOURCES IN OUR SITE

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.

We have no control over the contents of those sites or resources.

APPLICABLE LAW

If you are a consumer, please note that these terms of use, its subject matter and its formation, are governed by New York law. We both agree that the courts of New York will have exclusive jurisdiction.

If you are a business, these Terms of Use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by New York law. We both agree to the exclusive jurisdiction of the courts of New York.

PRIVACY POLICY

M-sHalt Limited (‘our first goal and all our team’) is committed to protecting and respecting your privacy. This policy, together with our Terms of Use (see our site) and any other documents referred to in it sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us.

Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. By visiting www.m-shalt.com (‘our Site’) you are accepting and consenting to the practices described in this policy. Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to [email protected] (‘our Contact Email Address’).

1. INFORMATION WE MAY COLLECT FROM YOU

We may collect and process the following data about you:

1.1 Information you give us. You may give us information about you by filling in forms on our site or by corresponding with us by phone, e-mail or otherwise. This includes information you provide when you: a. register to use our site, b. subscribe to our service, c. search for a product, d. place an order on our site, e. participate in discussion boards or other social media functions on our site, f. complete a survey, and g. when you report a problem with our site.

1.2. The information you give us may include your name, address, e-mail address and phone number, transaction information, personal profile information or other relevant information or correspondence.

1.3. We only retain personal data for so long as it is necessary. We may archive data, however this will only be for as long as the purpose for which it was retained requires.

1.4. With regard to each of your visits to our site we may automatically collect details of your visits to our site and the information that you browse or access.2. COOKIES

2.1. Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site. By continuing to browse the site, you are agreeing to our use of cookies.

2.2. We use the following cookies: a. Strictly necessary cookies – enables us to operate our site. b. Analytical performance cookies – allows us to monitor visits to our site and how visitors move around our site. c. Functionality cookies – allows us to recognize you when you return to our site and personalize content for you. d. Targeting cookies – records your visit to our site, pages and links which assists with advertising displays relevant to your interests. This information may be shared with third parties.

2.3. Please be aware that third parties such as advertising networks and analytics sites may use cookies for which we have no control. These are likely to be analytical/performance cookies or targeting cookies.

2.4. Our website uses Google analytics, a web traffic analysis service provided by Google Inc. Please refer to www.google.com/policies/privacy/partners to find out more about how Google uses data when you use our site and how to control the information sent to Google.

2.5. You can block cookies by activating the relevant settings on your browser that allows you to refuse the setting of all or some cookies. However, please note that this may affect your browsing experience on our site (ie. some information may not be able to be viewed).

2.6. You can also prevent Google’s collection and processing of data by using the Google Ad Settings page or downloading and installing their browser plug-in.


3. USES MADE OF THE INFORMATION

3.1. We may use information held about you in the following ways: a. to ensure that content from our site is presented in the most effective manner for you and for your computer; b. to carry out our obligations arising from any contracts entered into between you and us; c. to provide you with the information, products and services that you request from us; d. to provide you with information about other goods and services we offer that are similar to those that you have already purchased or inquired about; e. to provide you, or permit selected third parties to provide you, with information about goods or services we feel may interest you; or f. allowing you to participate in the interactive features on our site; g. complying with laws and regulations outside of New York law; h. legal proceedings including collecting overdue amounts and seeking professional advice; i. researching, designing and launching services or products including seminars, events, conferences and forums; j. to notify you about changes to our service.

3.2. If you are an existing customer, we will only contact you by electronic means (e-mail, telephone or SMS or e-newsletter) with information about goods and services similar to those which were the subject of a previous sale or negotiations of a sale to you. You may choose not to receive direct marketing or promotional material by letting us know via our email or contact page.

3.3. If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means. You may choose not to receive direct marketing or promotional material by letting us know via our email or contact page.

4. INFORMATION WE COLLECT ABOUT YOU

4.1. We will use information we collect about you: a. to administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes; b. to improve our site to ensure that content is presented in the most effective manner for you and for your computer; c. to allow you to participate in interactive features of our service, when you choose to do so; d. as part of our efforts to keep our site safe and secure; e. to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you; f. to make suggestions and recommendations to you and other users of our site about goods or services that may interest you or them.4.2. We may combine information we collect from other sources with information you give to us and information we collect about you. We may use this information and the combined information for the purposes set out above (depending on the types of information we receive).

5. DISCLOSURE OF YOUR INFORMATION

5.1. We may share your information with selected third parties including: a. business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you. b. advertisers and advertising networks that require the data to select and serve relevant adverts to you and others.

We do not disclose information about identifiable individuals to our advertisers, but we may provide them with aggregate information about our users (for example, we may inform them that 500 men aged under 30 have clicked on their advertisement on any given day). c. We may also use such aggregate information to help advertisers reach the kind of audience they want to target (for example, women in a certain suburb). d.

We may make use of the personal data we have collected from you to enable us to comply with our advertisers’ wishes by displaying their advertisement to that target audience. e. Analytics and search engine providers that assist us in the improvement and optimization of our site. f. Credit reference agencies for the purpose of assessing your credit score where this is a condition of us entering into a contract with you.

5.2. We may disclose your personal information to third parties: a. In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets. b. If the Company or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.

5.3. If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our Terms of Use or Terms of Service (if any) and other agreements; or to protect the rights, property, or safety of the Company, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.6. DATA SECURITY

6.1. All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted using SSL technology. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

6.2. The data that we collect from you may be transferred to, and stored at, a destination outside of New York. It may also be processed by staff operating outside of New York who work for us or for one of our suppliers. Such staff may be engaged in, among other things, the fulfillment of your order, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.

6.3. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.

7. YOUR CONSENT AND RIGHTS

7.1. By using our service, visiting our site or sharing information, you consent to the collection and use of your information and other activities as outlined in this Statement.

7.2. Under the New York Personal Data (Privacy) Ordinance (Ordinance), individuals have the right: a. To check whether we hold personal data about you and to access such data; b. To require us to correct as soon as reasonably practicable any data relating to you which is inaccurate; c.

To ascertain our policies and practices in relation to personal data and the kind of personal data held by us; and d. To object to the use of your personal data for marketing purposes and we shall not use your personal data for marketing purposes after you communicate your objection to us.

7.3. You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes.

You can exercise your right to prevent such processing by contacting us at our Contact Email Address.

7.4. Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.8. ACCESS TO INFORMATION

8.1. You have the right to access information held about you. Your right of access can be exercised in accordance with the Ordinance. Any access request may be subject to a reasonable fee to meet our costs in providing you with details of the information we hold about you.

9. CHANGES TO OUR PRIVACY POLICY

9.1. Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail. Please check back frequently to see any updates or changes to our privacy policy.

10. GOVERNING LAW

10.1. This Privacy Policy Statement shall be governed by the laws of New York and you agree to submit to the exclusive jurisdiction of the New York courts.

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Monday – Friday 9PM – 10AM (GMT-5)

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