Terms and Conditions of Service
The Site is proudly operated to you by No Bs Advice, hereinafter referred to as “No Bs Advice”. The terms ‘us’, ‘its’, ‘ours’ and/or ‘we’, as used herein, refer to No Bs Advice and/or its affiliates, assignees, successors and/or brands. As used herein, the terms ‘you’, ‘your’, and/or ‘yourself’ refer to you, a user/visitor/browser of our Site, whether registered under an account or not.
If you continue to browse and use this Site, you hereby acknowledge and agree to be bound by and under these Terms which, together with our Policy, will govern No Bs Advice’s relationship with you in relation to the Site and any products and services offered thereby (collectively, the “Service(s)”).
Our Site may display the products and services of third parties, and in the case that you wish to purchase them, you will be directed to an specific purchase page, where you will need to provide the necessary personal and payment information, along with the acceptance of shipping, refund, and other policies, usually through a clickable action, such as the “I agree” button or otherwise.
No Bs Advice reserves the right to modify, amend, suspend, terminate, upgrade, update or otherwise modify the Services and the Site, at any time and without notice. Any changes to these Terms will be displayed in the Site, and we may notify you through the Site or by email. Please refer to the last effective date where changes were last undertaken by us. Your use of our Services after the effective date of any update– either by an account registration or simple use – thereby indicates your acceptance thereof.
In order to use part or all of the functionalities and Services provided via the Site, you may need to register for an account. You are solely responsible for the activity that occurs on your account and for keeping your password secure and confidential. In order to register and create an account with us, you will need to provide your name, email and other information. You shall not disclose your user credentials to any third party. If you suspect any unauthorized or fraudulent use of your account, please notify us immediately. You must inform us of any changes to the information of your account.
From time to time, we may use third-party payment processors in order to bill you for any fees and Services provided through the Site. The processing of payments will be subject to the fees, terms, conditions and privacy policies of such payment processors. No Bs Advice is not responsible for any and all errors by the payment processors.
Some products offered via the Site are provided by No Bs Advice and others are provided by our authorized third parties. As such, No Bs Advice hereby reserves the right to discontinue or change their specifications and to update their availability, eligibility, prices, and characteristics, at any time and without any responsibility. No Bs Advice will undertake its reasonable commercial efforts to ensure that the quoted prices and descriptions are true, accurate, updated and correct. Notwithstanding the foregoing, No Bs Advice cannot fully guarantee such information and, therefore prices, availability and other item specifications are subject to change.
If you have a problem with your purchase, please contact us as soon as possible. We offer a thirty (30) days refund guarantee for defective, incomplete, inaccurate or unsatisfactory products. For ease of understanding, you may request a refund for up thirty (30) days after you purchase a product from us. Please include a description of the product in question, including the reason for refund request, your name, address, account information and payment details.
Since some of our products are provided by third parties, there may be some delays in processing your refund, and we will contact the appropriate supplier in order to help your case. As a general rule, no refunds will be provided for purchases that were made more than thirty (30) days ago, or if you are in the same industry and sell a similar product to ours.
As our user, you agree to not undertake, motivate, or facilitate the use or access of the Site in order to:
Infringe these Terms, or allow, encourage or facilitate others to do so.
Plagiarize and/or infringe the intellectual property rights or privacy rights of any third party, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right.
Distribute, post or otherwise make available any content that: (i) infringes or endangers the intellectual property rights of any person (e.g. trademark, moral rights, trade secret, copyright, ancillary rights or other); (ii) enables any act that could promote or cause discrimination, racism, harm, libel, hatred or violence against any individual or group; (iii) endangers children and underage persons; (iv) is or allows illegal or fraudulent activities to take place; (v) is or may constitute a criminal or capital offense or otherwise infringes any applicable law; and/or (vi) is or can be considered to be obscene, threatening/defamatory, plagiarized, firearms, tobacco, alcohol, marijuana, gambling, binary options, Forex, pornographic or analogous material.
Collect, receive, transfer or disseminate any personally identifiable information of any person without due consent from the title holder.
Purchase products with the intent to resell them.
Upload infringing, false, duplicated, altered or otherwise misleading purchase information.
Use any automated or manual process to obtain, copy, process, access and/or use our Services or any part therefrom to capture unauthorized data or content, for any purpose.
Enable, undertake, program or execute any type of system, computer program or technique in order to data-mine, retrieve, scrape, index or otherwise extract unauthorized information from the Site or any portion or data feeds therefrom. For purposes of clarification, such actions will include the use of persons, site search/retrieval applications, software ‘robots’ and ‘spiders’ and any analogous data gathering and extraction tools, regardless of the type and amount of information intended for extraction.
Use the Site to disseminate any type of computer viruses, worms, defects, Trojan horses or other items of a destructive nature.
Undertake any action that will or may cause an unreasonable load on No Bs Advice’s and/or its partners’ and affiliates’ technology or infrastructure, or otherwise make excessive traffic demands from the Site.
Intercept or monitor activity via our Services without our express authorization.
Otherwise reverse engineer, decompile or extract the proprietary code of the Site.
You also acknowledge and accept that any violation of the aforementioned provisions may result in the immediate termination of your access to the Site and our Services, without refund or reimbursement on our part.
No Bs Advice does not knowingly provide its Services to persons under the age of thirteen (13). Users under the age of eighteen (18) may use the Site with the consent of their legal guardians but are otherwise prohibited from providing No Bs Advice with personally identifiable information of persons under the age of thirteen (13).
The trademarks, copyright, service marks, trade names and other intellectual property rights and proprietary notices displayed on the Site are the property of –or otherwise are licensed to–No Bs Advice or its licensors or affiliates, whether acknowledged (or not), and which are protected under intellectual and proprietary rights in the United States of America and other jurisdictions throughout the world. Respective title holders may or may not be affiliated with us or our affiliates, partners, and advertisers. No section hereof shall be construed as intent to grant to you any right transfer or interest in the Site or our Services, in whole or in part.
You hereby grant No Bs Advice an unlimited, non-exclusive, royalty-free, for all the world, right and license to download, use, reproduce, distribute, analyze and exploit any and all content, texts, data and any components therefrom that you or your affiliates, agents, employees or representatives introduce, upload or otherwise deliver to the Site. You represent and warrant to No Bs Advice that you have all rights, authorizations or otherwise hold sufficient title for all content submitted to No Bs Advice as set forth herein.
Any request for written permission to use our products, Services or other materials, in whole or in part, or any other intellectual property or property belonging to us, should be made before you wish to use it, by contacting us in the contact us page on the Site or by sending us an e-mail to firstname.lastname@example.org
Third party links
From time to time, our Site and Services may contain hyperlinks to other websites. These links are for your personal convenience and to provide you with further information which may be of interest to you. The provision of such links does not imply any endorsement of such third party websites (or their products and services).
From time to time, we may place ads and promotions from third party sources in the Site. Accordingly, your participation or undertakings in promotions of third parties other than No Bs Advice, and any terms, conditions, warranties or representations associated with such undertakings, are solely between you and such third party. No Bs Advice is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site.
Digital Millennium Copyright Act (‘DMCA’) Notice
For DMCA Takedown Notices and alleged intellectual property rights infringement within the Site, you can get in touch with us as indicated in our contact section. You must notify us of your claim with subject: “Takedown Request”. Once received, No Bs Advice will study and consider your claim and, if it believes or has reason to believe any content on the Site infringes on another’s copyright, No Bs Advice may delete it, disable or otherwise stop displaying it.
Your DMCA notification claim must be in writing and must at least contain the following information: (i) your signature and identification, or the ones the person authorized to act on behalf of you or the title holder; (ii) a clear and concise description of the content of which its copyright has allegedly been infringed; (iii) contact information (e.g. address and email); and (iv) a statement, under penalty of perjury, indicating that you have a good-faith belief that the information provided in your claim is true and accurate.
To the fullest extent permissible under applicable law, the Site is provided to you “as is”, with “all faults” and “as available”, with all faults, without warranty of any kind, without performance assurances or guarantees of any kind, and your use is at your sole risk. No oral or written advice provided by No Bs Advice, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized representative, shall create any implied warranty. The entire risk of satisfactory quality and performance resides with you. No Bs Advice, and its affiliates, clients, agents, officers, licensors and/or distributors, do not make, and hereby disclaim, any and all express, implied or statutory warranties, either by statute, common law, custom, usage of trade, course of dealing or otherwise, however arising, including implied warranties of description, quality, fitness for a particular purpose, operation, integration, adequacy, suitability, title, non-infringement, non-interference with use and/or enjoyment.
Disclaimer of Damages
In no event shall No Bs Advice, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized third party, be held liable for any special, indirect, incidental or consequential damages, including losses, costs or expenses of any kind resulting from possession, access, use or malfunction of the Site, including but not limited to, loss of revenue, profits, business, loss of use or lack of availability of computer resources, lost or corrupt data, re-procurement amount, anticipated savings, wasted expenditure, or other commercial or economic loss; or for any indirect, incidental, special, punitive, aggravated, exemplary, or consequential damages whatsoever arising out of or related to the Site, whether arising in tort (including negligence), contract, strict liability or other legal or equitable theory and whether or not No Bs Advice, its affiliates, clients, licensors and/or distributors have been advised of the possibility of such damages.
Our courses, programs, products, and Services are not to be relied upon in any way as business, financial or legal advice. Any and all information provided through our Site is not intended to be a substitute for professional, legal, medical, financial, accounting or any other kind of advice that can be provided by your own professional. The content on the Site and, in general, such available information in any of No Bs Advice’s properties, is not a substitute for direct, personal, professional medical care and/or diagnosis. If you choose to follow any of the aforementioned plans, courses, and programs, you do so of your own free will and accord, knowingly and voluntarily accepting any and all risks associated with such activities.
Limitation of Liability
In no event, shall No Bs Advice’, or its affiliates’, clients’, licensors’ and/or distributors’ liability for all damages (except as required by applicable law) exceed; (i) the actual price paid by you for the license and/or use of the Site or our Services in the twelve (12) months preceding the claim; or (ii) the amount of USD$100.00 (One Hundred United States Dollars); whichever results less; and henceforth any award for direct, provable damages shall not to exceed such total amount. For purposes of this limitation of liability, No Bs Advice’ affiliates, licensors and distributors are third party beneficiaries to the limitations of liability specified herein and they may enforce these Terms against you.
Legislation of some states/countries does not allow certain limitations of liability, and henceforth this limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. This limitation of liability shall not be applicable solely to the extent that any specific provision of this limitation of liability is prohibited by any federal, state, or municipal law, which cannot be pre-empted.
Advertisements and Promotions. From time to time, we may place ads and promotions from third party sources on the Site. Accordingly, your participation or undertakings in promotions of third parties other than No Bs Advice, and any terms, conditions, warranties or representations associated with such undertakings, are solely between you and such third party. No Bs Advice is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site.
Content Moderation. No Bs Advice hereby reserves the right, at its sole and final discretion, to review any and all content delivered into the Site, and use moderators and/or any monitoring technology to flag and remove any user generated content or other content deemed inappropriate.
No Waiver. Failure by No Bs Advice to enforce any rights hereunder shall not be construed as a waiver of any rights with respect to the subject matter hereof.
No Relationship. You and No Bs Advice are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.
Severability. If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of these Terms will remain in full force and effect.
Applicable Law. Your use of this Site and any cause of action, claim and/or dispute that might arise between the parties herein, shall be subject to the laws of Malta, without regard to conflict of law principles.
Forum. You agree that any dispute arising from or relating to these Terms will be heard solely by a court or tribunal of competent jurisdiction in or nearest to Malta.
If you have any questions or queries about us, our Site, our Services or these Terms, please contact us as indicated on our contact page: www.nobsadvice.net/contact.
Date of last effective update is 13th April, 2017.