WEBSITE TERMS AND CONDITIONS

INTRODUCTION

These Website Terms and Conditions (hereinafter - the “Terms”) are a legal and binding agreement between Uniquent Holding Limited (hereinafter - “Barbara Bang”) and yourself (hereinafter - “You”), governing your use of this https://barbarabang.com/ website (hereinafter - the “Website”).

By visiting or using the Website, You hereby agree, warrant and represent that You have read, understood, accepted and agreed to be bound by these Terms. If You do not agree to these Terms, in their entirety, do not access and use the Website. Please note that any action on the Website that are made by You via use of your Internet connection or electronic device, unless otherwise is proven, shall be deemed as actions taken by You.

The Website is intended for use by those, who reach the age of 18 (or older if the local laws in your applicable jurisdiction so require). If You are younger than 18, You declare that your legal guardian has read, understood and agreed to these Terms.

In case the laws applicable to You prohibit the use of the Website, please avoid any further use of the Website.

This Website is fully owned by Uniquent Malta Limited and is operated jointly by Uniquent Malta Limited and Uniquent Limited (hereinafter referred as to – “BarbaraBang”).

Uniquent Malta Limited is the legal entity incorporated under the laws of Malta, registration number C102864, having its registered office at Level 3 (Suite No. 2998), Tower Business Centre, Tower Street, Swatar, Birkirkara BKR 4013, Malta.

Uniquent Limited is the legal entity incorporated under the laws of Cyprus, registration number HE430701, having its registered office at 7 Archaias Ledras, Geri 2200 Nicosia, Cyprus. For any inquiry or questions, please contact us via email address: [email protected]

REVIEW OF THE TERMS

Barbara Bang reserves the right to change the content of the Website and these Terms at any time without prior notification and will not be liable for any party in any way for possible consequences of such changes. In case of any changes, Barbara Bang will post the revised version of the Terms on the Website and change their effective date.

It is your responsibility to check these Terms for any changes whenever you access the Website. Barbara Bang advises you to periodically review these terms and conditions in order to be informed of any changes.

Your continued use of the Website shall be considered that you have read, understood, accepted and agreed with these changes. The access to any part of the Website may be suspended, discontinued or restricted at any time without any notice.

WEBSITE USE AND RESTRICTIONS

The Website can be used for lawful purposes only and in accordance with these Terms.

You agree not to:

  • use the Website in any way that:
    • violates or may violate any applicable laws and regulation;
    • involves transmitting or sending of any advertising materials, including unsolicited, “spam” or any other similar communication;
    • may be deemed as defamatory, harassing, pornographic, embarrassing, vulgar, malicious, harmful, threatening, indecent, derogatory, discriminatory, untrue, political, abusive, sexist, hateful, offensive, menacing, obscene, racist, profane;
    • may harm Barbara Bang or Website’s users or expose them to liability;
    • involves or may involve impersonating or attempt to impersonate Barbara Bang or any of staff member, another Website user or any other person or entity (including, without limitation, by using e-mail addresses associated with any other person);
    • could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including but not limited to their ability to engage in real time activities through the Website.
  • use any robot, spider or another automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
  • use any software or routine that interferes with the proper and/or stable work of the Website;
  • use any malware, viruses, trojan horses, worms, logic bombs or other material, which is technologically harmful;
  • attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website and/or the server on which the Website is stored, or any server, computer or database connected to the Website or its third parties.

INTELLECTUAL PROPERTY RIGHTS

The trademark, copyright and other intellectual property rights including but not limited to all information, data, codes, interfaces, texts, drawings, design, publications, artworks, pictures, photographs, music, images, graphics, and materials (hereinafter - the “Intellectual Property”) that are displayed or otherwise presented on the Website are owned by Uniquent Malta Limited.

The Website and any Intellectual Property and/or any related materials it contains, can be used only for your personal, internal and private use only.

You are restricted to use, copy, reproduce, republish, post, broadcast or transmit any part of the Website or the Intellectual Property and/or any related materials it contains for any purpose without prior written permission of Barbara Bang, unless otherwise provided and permitted by applicable law.

Any and all modifications or creation of derivative works from or based on Website’s Intellectual Property are strictly prohibited.

If these Terms do not expressly grant any other rights in writing, those right are reserved by Barbara Bang.

You do not obtain any rights in relation to the Intellectual Property or any other materials on the Website. A breach of these provisions may entail liability for damages.

THIRD PARTIES

This Website may include links to third party websites, applications or resources which are owned and operated by third parties. You acknowledge and agree that clicking/proceeding the link(s) to the respective third-party websites, applications or resources are made by You and based on your own consent and risk.

Barbara Bang informs that we bear no liability for the content of any third-party websites, applications or resources and for anything that happens or may happen as a result of your visit of such third-party websites, applications or resources.

After leaving the Website, but prior to use of the respective third-party websites, applications or resources, we highly recommend to read respective third-party policies.

PRIVACY POLICY

Barbara Bang processes your personal data in accordance with the Privacy Policy.

Prior to use of the Website and before the provision of any personal data, we kindly ask you to read our Privacy Policy.

Please be informed that Cookies are disabled on the Website and no personal data is collected by the use of Cookies.

This Website and all its content are provided on an “AS IS” basis, except as expressly provided by Barbara Bang under these Terms.

Barbara Bang disclaims all representations and warranties of any kind expressed, implied or statutory, to the fullest extent permissible pursuant to applicable law, including but not limited to, implied warranties of merchantability and fitness for a particular or a specific purpose.

Barbara Bang does not provide any guaranties or warranties that the Website:

  • will be secure, complete, uninterrupted or error-free; or
  • will be free of viruses or other harmful components;
  • will otherwise meet your needs or expectations.

INDEMNIFICATION

You acknowledge and agree to indemnify, defend and hold Barbara Bang harmless including but not limited to Barbara Bang affiliates, subsidiaries, agents, officers or employees from and against any actions, claims, demands, damages, losses, liabilities, judgments, settlements, costs or expenses (including but not limited to attorneys’ fees and costs) arising directly or indirectly from or in relation to:

  • the breach of these Terms by You or anyone using your electronic device or your internet
  • connection;
  • any and all claims, losses or damages experienced from the use or attempt to use, or
  • inability to use of the Website;
  • your personal/individual violation of any law, regulation or any other matter for which
  • You are or may be responsible under these Terms or under applicable law.

LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, in no event, shall Barbara Band, its associated companies, service providers, agents, officers, directors or employees be liable for damages of any kind, under any possible Legal Theory, arising out of or in connection with your use, or inability to use, the Website, any Websites pages and/or links to it, or any content on the Website or such other Websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if Barbara Bang or its authorized representative has been notified orally or in writing of the possibility of such damage. Barbara Bang will not be liable for any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, and delay in operation or transmission, computer virus, or line failure.

ASSIGNMENT

Under these Terms, you acknowledge and agree that assignment of any rights, interests or obligations is prohibited and will be null and void, except as expressly permitted in writing by Barbara Bang. Barbara Bang reserves the right to assign or otherwise lawfully transfer these Terms.

APPLICATION OF TERMS

These Terms constitute the entire agreement between you and Barbara Bang, and supersede any and all prior and existing agreements with regards to the Website. You acknowledge that Barbara Bang has not made any representations, promises or agreements to You relating to the matters addressed by these Terms that are not embodied herein.

SEVERABILITY

If any provision of these terms and conditions is held to be illegal or unenforceable, such provision shall be severed from these terms and conditions and all other provisions shall remain in force unaffected by such severance.

GOVERNING LAW AND DISPUTE RESOLUTION

These Terms are governed by the laws of Malta, without regard to principles of conflict of laws and regardless of your location.

Any dispute or difference, controversy or claim arising out of or in connection with your use of the Website (hereinafter - the “Dispute”) shall be resolved the competent courts in Malta, which shall have the sole and exclusive jurisdiction with respect to any Dispute that may arise.

You hereby consent to and waive all defences of lack of personal jurisdiction and forum non-convenience with respect to venue and jurisdiction in the courts in Malta. If you do not agree with these Terms, please discontinue using the Website.

This dispute resolution mechanisms shall not, however, be construed in any way as to limit Barbara Bang’s freedom to enforce its rights in any jurisdiction.

Effective Date: November 02, 2022

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