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MaltaProducts.COM Terms and Conditions

Gozo Supplies would like to thank you for registering with MaltaProducts.com. These terms and conditions are related to your account. The Services refer to all services provided on MaltaProducts.com.

In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service and/or telephony fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.

The language in which contracts can be concluded is the English language.

1.0 Your Account

When you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. MaltaProducts.com does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use MaltaProducts.com only with involvement of a parent or guardian. MaltaProducts.com and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

You agree to immediately notify MaltaProducts.com of any unauthorized use of your password or account or any other breach of security. MaltaProducts.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Term.

2.0 Account Registration

In consideration of using our services, you agree to:

(a) provide true, accurate, current and complete information about yourself as prompted by the registration form and other forms and

(b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or MaltaProducts.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MaltaProducts.com has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof), and if appropriate take any legal action as may be pertinent at Law.

3.0 Product Description

MaltaProducts.com and its affiliates attempt to be as accurate as possible. However, MaltaProducts.com does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by MaltaProducts.com itself is not as described, your sole remedy is to return it in unused condition. (refer to our return policy)

We cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

3.0 Currency

The website provides a facility which allows you to convert product prices in the preferred currency.  However in the last part of the shopping process, during payment, the currency used is only EURO and your preferred currency is an indication of the cost when converting the currency. This exchange rate changes continuously and therefore you may prefer to check the exact rate at your bank to know the cost of the product being purchased. We charge all transactions in Euros.

4.0 Changes

MaltaProducts.com reserves the right to modify the Services from time to time, for any reason, and without notice, including the right to terminate these Services. MaltaProducts.com reserves the right to modify these Terms and Conditions from time to time, without notice. Please visit these Terms and Conditions regularly so you will be informed of any changes.

5.0 Proper Use

In consideration of your use of the Service, you agree to only use the Service for lawful purposes. You also specifically agree that:

• you shall not (or authorize or permit any other party to) use the Service which is in violation of any law or regulation, which is obscene, threatening, menacing, offensive, defamatory, in breach of confidence, harmful to minors, in breach of any intellectual property right (including copyright), or otherwise unlawful;
• impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity;
• you shall not knowingly or recklessly upload any electronic material (including viruses) through the Service which shall cause or is likely to cause detriment or harm, in any degree, to computer systems owned by MaltaProducts.com or other Internet users;
• your account is to be used by a single user only and that you will not allow simultaneous access using the same log-in;
• as the registered user of the account you are responsible for your account and you will keep the password secure and not let them become public knowledge and that the password will not be stored anywhere on a computer in plain text;
• if the password becomes known to any other unauthorized user you will inform MaltaProducts.com immediately and we shall provide a new password as soon as possible;
• you shall ensure that you logout at the end of each session. This has to be done via the Log Out button which is accessible from all the pages;
• you shall not collect or store personal data about other users;

Any breach of these obligations shall entitle MaltaProducts.com to immediately terminate your Service without notice.

Any attempt on your part to access or modify unauthorised computer system information or to interfere with normal system operations, whether on the equipment of MaltaProducts.com or of any computer system or network that is accessed via MaltaProducts.com's communication services, will result in the immediate suspension of your Services. These unauthorised activities include, but are not limited to: guessing at or using passwords other than your own, sharing your own password(s) and account(s) with others not authorised by MaltaProducts.com to use said password(s) and account(s), accessing or attempting to access information that does not have public access permissions.

6.0 Disclaimer of Warranties

MaltaProducts.com disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material in the Services being provided. MaltaProducts.com disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information, e-mail or material. MaltaProducts.com disclaims any responsibility for any harm resulting from downloading or accessing any information or material through the Services.

THE SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, MALTAPRODUCTS.COM DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, MALTAPRODUCTS.COM DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN MALTAPRODUCTS.COM, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SERVICES OR THROUGH ANY LINKS PROVIDED IN THE SERVICES. MALTAPRODUCTS.COM SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SERVICES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL.

7.0 Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL MALTAPRODUCTS.COM BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF AND RELIANCE ON THE SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF MALTAPRODUCTS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICES, FROM INABILITY TO USE THE SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON MALTAPRODUCTS.COM OR RECEIVED THROUGH ANY LINKS PROVIDED IN MALTAPRODUCTS.COM, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN MALTAPRODUCTS.COM. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO MALTAPRODUCTS.COM. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.

Under no circumstances shall MaltaProducts.com be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

8.0 No Resale of Service

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

9.0 Governing Law

All legal issues arising from or related to the use of MaltaProducts.com and related services shall be construed in accordance with, and all questions with respect thereto shall be determined by, the Laws of the Malta.

10.0 Dealings with Advertisers and Merchants

Your correspondence or business dealings with, or participation in promotions of, advertisers, sellers and merchants found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser, seller or merchant. To the fullest extent permitted by law, you agree that MaltaProducts.com shall not be responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such advertisers, sellers and merchants on the Service, and you agree that any order placed by you on, and any product specifications and product availability appearing on, the Service are subject to confirmation by, and the terms and conditions of business of, the relevant Merchant.

11.0 Indemnity and Release

By using MaltaProducts.com website you agree to indemnify MaltaProducts.com and its parents, subsidiaries, affiliates, officers, and employees and hold them harmless from any and all claims and expenses, including legal fees, arising from your use of the MaltaProducts.com web sites. By using the MaltaProducts.com sites you are hereby agreeing to release MaltaProducts.com and its parents, subsidiaries, affiliates, officers, and employees from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the Services. You hereby agree to waive all laws that may limit the efficacy of such releases.

These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter contained herein and supersedes any other agreement, proposals and communications, written or oral, between MaltaProducts.com's representations and you with respect to the subject matter hereof; except that any other terms and conditions located on any individual web site are incorporated herein by reference to the extent they do not conflict with these Terms and Conditions. To the extent that any other terms and conditions or terms of service conflict with these Terms and Conditions, those other provisions shall control with respect to the use of the particular web site and any products or services available on or through the web site at which those other provisions may be found.

12.0 Modifications to Service

MaltaProducts.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that MaltaProducts.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

13.0 Violations of Terms and Conditions

Should you violate these Terms and Conditions or any other rights of MaltaProducts.com, MaltaProducts.com reserves the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all user accounts on any and all of the MaltaProducts.com web sites. If MaltaProducts.com should fail to enforce any right or provision in these Terms and Conditions, you agree that this failure does not constitute a waiver of such right or provision or of any other rights or provisions in these Terms and Conditions. If a court should find that one or more rights or provisions set forth in these Terms and Conditions are invalid, you agree that the remainder of the Terms and Conditions shall be enforceable and that, to the extent permitted by law, the court shall give effect to the parties' intentions, as reflected in any such right or provision that has been declared invalid or unenforceable.

Date: 19th November 2012

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