Terms of use / Disclaimer

Disclaimer and Terms & Conditions.

USE OF THIS SITE IS ACCEPTANCE BY YOU OF THESE TERMS AND CONDITIONS.

By accessing this UK based Website, you agree that you are of legal age to do so, and any local laws in your own country, territory or state are being abided with. You agree that you are responsible for payment of any local taxes payable in your country, state, district or town.  By using this Website you understand that this Website and its owners are governed by the laws of England and Wales.  This website does not come within any other jurisdiction. 

If you do not agree with any information on this page, do not use this site. By continuing to use this site and any of its products, services and content, you agree to all Terms and Conditions of use.

For Customers downloading the MP3 Programs / CD Set Programs / Streamed Products

A:

1: By purchasing and downloading/streaming our hypnosis/relaxation single recordings, collections or full programs/ MP3 or Streamed programs, you wholly agree that these sessions/programs will not be recorded or duplicated by you or any other persons for the purpose of commercial sale or resale on a website, or individually, or by any commercial or retail or wholesale means.

2a: Our streamed and MP3 downloads are distributed by a third-party company. In the unlikely event of disruption or cancellation of our agreement with the third party for any reason, we will refund on a pro-rata basis any qualifying non-used days of the streamed service only, up to a maximum of the purchase price. This will be the maximum amount refunded. 

3: MP3 Downloads. Once downloaded, You (the customer)  become responsible for the safekeeping of your downloaded files. No refunds will be made once a file or a files which is part of a program has been downloaded.  We agree to you making 1 (one) copy of purchased files for archival purposes only. In some cases we will be able to resend files and will do so to the best of our ability (A nominal fee applies) but we are not required to do so.  We suggest you purchase our Product Replacement service to protect you from unseen eventualities. 

4: Professional, commercial, Personal  sale of the sessions and programs, whether in printed or recorded formats, whether in part or in whole, is considered a violation of copyright law. In such cases, we will respond to the full extent of the law.

End Of Life Audio Program, End Of Life Audios nor Michael Mahoney or any associates are not liable in any way for effects, or lack of effects, or any damages of any kind resulting from the use or misuse of the information and content given or products described in this site, and will not be liable in any way for any damages of any kind with respect to any use of this web site, its content, or products.  By using this site you acknowledge and confirm your full agreement to our trading terms and conditions.

4a: Please note, that all our programs, and services are for purchasers' personal use. We do not permit any of our programs to be used by other companies or organisations without our express written permission.

 5: Please note that due to the nature of the product, digital files cannot be returned. However, any request for refunds will be considered on an individual basis. We may charge a nominal fee of £15 to cover charges that we incur when refunds are made through our payment provider gateway and administration. Alternatively, we may issue a discount code for a future purchase.  

6: All our products and services are offered to the public at the price shown. We do not accept offers or any form of bartering. We offer as much information on our site as possible to give customers an informed choice before making their purchases. If more information's is needed before a purchase we recommend contacting us with specific questions so we can help you as much as possible.

7: Payments / Refunds. As payment gateways define their own exchange rates, accuracy of exchanged prices cannot be guaranteed to be the same and are  open to fluctuation depending on international exchange rates End Of Life Audio Program, End Of Life Audios have no control over the chosen exchange rates of Shopify or PayPal, nor those of any payment provider you use to purchase from this site. 

8: From time to time, we may offer discounts on one or several products. Discounts are not applicable retrospectively. We reserve the right to offer or withdraw discounts at any time.

Important Note: Like all self-help audio recordings, recordings on this site are not intended to be a substitute or replacement for any treatment, counselling or prescription from your healthcare practitioner. If you suspect you have any medical and/or psychological condition, or you are aware of having underlying trauma, you should first consult with your personal health care practitioner or mental health professional who will advise on their suitability for you.

If the recordings are purchased as a gift or on behalf of another person at End of Life Care, given the nature of our End Of Life Recordings, the purchaser should first gain the permission of the intended user before purchasing.

1. Disclaimer Disclaimer: All information on these pages/ Linked pages are for educational purposes only. Your access to and use of this website is subject exclusively to these Terms and Conditions in their entirety. By using this site Michael Mahoney Hypnotherapist or End Of Life Audio Program, End Of Life Audios or associate site you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using this site. Users of this site and users of the services of Michael Mahoney Hypnotherapist and any use of End Of Life Audio Program, End Of Life Audios products take full responsibility for all outcomes. Neither information, services nor products provided in this web site are in any way a substitute of any kind for personal evaluation with a qualified medical practitioner. ONLY a qualified medical physician can give you a definitive diagnosis of any presenting symptoms. Always consult your medical professional regarding your symptoms and any concerns you may have about commencing use of any product or service on this site. Michael Mahoney, End Of Life Audio Program, End Of Life Audios associated company and any associates, employees, agents or representatives: (1) are not liable in any way with regard to the accuracy, completeness or current validity of any information, articles, research studies or products contained on this website or in any of the links provided. (2) are not liable in any way for effects, or lack of effects, or any damages of any kind resulting from the use or misuse of the information and content given or the use or misuse of any services or products described in this site.

(3) will not be liable in any way for any damages of any kind with respect to any use of this web site, its content, or products or services delivered on a one to one basis or through WHATSAPP, ZOOM OR SIMILAR held sessions 2. Privacy Policy All transactions are undertaken in accordance to English law. We respect your privacy, and this privacy statement is provided to apprise you of our information-gathering and dissemination practices. We reserve the right to modify this information at any time. Collection and Use of Personal Information Personal information is defined as your name, street or e-mail address, phone number, credit card or any other information that might identify you individually when used by itself or with other data. This information is only collected from you when you provide it to us voluntarily, when placing an order from us online, via our third party secure ordering and information phone lines.  Personal information is only collected so that we can contact you, in order to complete the sale. We will not collect personal information from you without your knowledge. We may use the personal information that we collect to contact you in the future. We may send promotional emails notifying you of products, significant developments, or other information that we believe might be of interest, these will not exceed 4 times annually. You can remove yourself from our mailing list at any time. We will not share your personal information with any other parties or mailing lists.

4: Children & Parents

No services on this site are intended for use by children, especially those under the age of 13. Parental or guardian purchase and consent, vetting and ongoing monitoring of usage.    No one under age 13 is allowed to provide any personal information or use our public discussion areas, forums and chats. Minors between the ages of 13 and 17 must get the permission of their parent(s) or legal guardian(s) before purchasing.

You are solely responsible for Your child’s disclosure of data and information about themselves through use of the, SITE, SERVICES, PRODUCTS, STREAMING OR APP  WHETHER AVAILABLE NOW OR IN THE FUTURE. Accordingly, you agree that MICHAEL MAHONEY is not responsible for your child’s use of the SITE, SERVICES, PRODUCTS, STREAMING OR APP WHETHER AVAILABLE NOW OR IN THE FUTURE or any consequences therefrom in any manner or to any extent.

No one under the age of eighteen (18) is permitted to access or use this SITE, SERVICES, PRODUCTS, STREAMING OR APP without the permission of a parent or legal guardian.

5: INDEMNIFICATION

You agree to indemnify, defend and hold harmless Michael Mahoney Hypnotherapist, and any affiliates, End Of Life Audio Program, End Of Life Audios and all of their respective officers, directors, managers, members, employees, agents, licensors, vendors, representatives, successors and assigns, from and against any and all claims, debts, demands, proceedings, losses, liabilities, damages, costs, charges and expenses (including court costs and attorneys’ fees), directly or indirectly resulting from (i) Your use of the SITE, SERVICES, PRODUCTS, STREAMING OR APP, and/or (ii) Your submission, (iii) Your failure to comply with this Agreement, any other agreement You have with End Of Life Audio Program, End Of Life Audios, Or any associated company, Michael Mahoney, and/or any applicable law, rule or regulation, and/or (iv) Your infringement or misuse of any of Michael Mahoney’s intellectual property, and/or (v) any such acts through Your use of the Site, SITE, SERVICES, PRODUCTS, STREAMING OR APP

6: DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY (Also see 7: Force Majeure below)

YOU ACKNOWLEDGE AND AGREE THAT YOU ARE ACCESSING AND/OR USING THE SITE, ONE TO ONE SERVICES OR REMOTELY THROUGH SKYPE, WHATSAPP, ZOOM OR SIMILAR, PRODUCTS, STREAMING OR APP WHETHER AVAILABLE NOW OR IN THE FUTURE SOLELY AT YOUR OWN RISK.

SITE, SERVICES, PRODUCTS, STREAMING OR APP WHETHER AVAILABLE NOW OR IN THE FUTURE CANNOT DIAGNOSE, CURE OR PREVENT ANY ILLNESS, SICKNESS, INFECTION, OR ANY OTHER PHYSICAL OR MENTAL AILMENT.

SITE, ONE TO ONE SERVICES OR REMOTELY THROUGH SKYPE, WHATSAPP, ZOOM OR SIMILAR, PRODUCTS, SERVICES, PRODUCTS, STREAMING OR APP WHETHER AVAILABLE NOW OR IN THE FUTURE  IS INTENDED TO BE USED WITH OR IN CONJUNCTION WITH ANY MEDICAL DEVICE.

SITE, ONE TO ONE SERVICES OR REMOTELY THROUGH SKYPE, WHATSAPP, ZOOM OR SIMILAR, PRODUCTS, SERVICES, STREAMING OR APP WHETHER AVAILABLE NOW OR IN THE FUTURE ARE NOT A SUBSTITUTE OR REPLACEMENT FOR PROFESSIONAL, MEDICAL, PSYCHOLOGICAL, OR HEALTH ADVICE OR TREATMENT.  YOU SHOULD ALWAYS SEEK ANY AND ALL PROFESSIONAL ADVICE AND TREATMENT FOR ANY ILLNESS, SICKNESS, INFECTION, DISEASE, OR ANY AILMENT.

SITE, ONE TO ONE SERVICES OR REMOTELY THROUGH SKYPE, WHATSAPP, ZOOM OR SIMILAR SIMILAR, PRODUCTS, SERVICES, STREAMING OR APP WHETHER AVAILABLE NOW OR IN THE FUTURE ARE NOT A SUBSTITUTE OR REPLACEMENT FOR ANY AND ALL MEDICAL AND/OR PSYCHOLOGICAL TESTING, DIAGNOSIS, EXAMINATION, OR PROCEDURES OF ANY KIND OR TO ANY EXTENT.

MICHAEL MAHONEY NOR TIMELINE SERVICES OR ASSOCIATES, NOR End Of Life Audio Program, End Of Life Audios OR PARTNER COMPANIES CANNOT AND DOES NOT GUARANTEE THAT YOUR USE OF THE SITE, SERVICES, ONE TO ONE SERVICES OR REMOTELY THROUGH SKYPE, WHATSAPP, ZOOM OR SIMILAR, PRODUCTS,  STREAMING OR APP WHETHER AVAILABLE NOW OR IN THE FUTURE WILL BE SUCCESSFUL IN ANY MANNER OR TO ANY EXTENT.  THE RESULTS OF YOUR USAGE OF SITE, SERVICES, ONE TO ONE SERVICES OR REMOTELY THROUGH SKYPE, WHATSAPP, ZOOM OR SIMILAR, PRODUCTS,PRODUCTS, STREAMING OR APP WHETHER AVAILABLE NOW OR IN THE FUTURE MAY VARY WHEN COMPARED TO OTHER USERS OF THE SITE, SITE, SERVICES, PRODUCTS, STREAMING OR APP 

NEITHER MICHAEL MAHONEY, End Of Life Audio Program, End Of Life Audios OR PARTNER COMPANIES NOR ANY OF ITS AFFILIATED ENTITIES, OR ANY OF THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, CAN GUARANTEE THE PROTECTION OF THE PRIVACY OF YOUR DATA OR INFORMATION THAT IS INPUTTED AND/OR TRANSMITTED TO, BY OR THROUGH THE SITE, THE SERVICES, DOWNLOADS, STREAMING AND/OR APP, INCLUDING THIRD PARTY SITES WHERE YOUR INFORMATION IS SUBMITTED.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, End Of Life Audio Program, End Of Life Audios IS PROVIDING THE SITE, THE SERVICES, ONE TO ONE SERVICES OR REMOTELY THROUGH SKYPE, WHATSAPP, ZOOM OR SIMILAR, PRODUCTS  DOWNLOADS, STREAMING AND/OR APP “AS-IS” AND WITHOUT REPRESENTATION OR WARRANTY, AND HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WRITTEN OR ORAL, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, SUITABILITY, RELIABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY, ANY OTHER WARRANTY ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE AND/OR ANY OTHER WARRANTY, CONDITION,GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED OR TRANSMITTED BY SITE, SERVICES, PRODUCTS, STREAMING OR APP WHETHER AVAILABLE NOW OR IN THE FUTURE, ITS AFFILIATES, AND ITS THIRD PARTY LICENSORS OR VENDORS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SITE, SERVICES, ONE TO ONE SERVICES OR REMOTELY THROUGH SKYPE OR SIMILAR, PRODUCTS, STREAMING OR APP WHETHER AVAILABLE NOW OR IN THE FUTURE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE SITE, SERVICES, PRODUCTS, STREAMING OR APP 

End Of Life Audio Program, End Of Life Audios NOR MICHAEL MAHONEY MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF THE INFORMATION PRESENTED ON THE SITE OR TRANSMITTED BY THE SERVICES OR THE DATA AND INFORMATION SUBMITTED TO MICHAEL MAHONEY OR AGENTS BY USERS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW,MICHAEL MAHONEY,, NOR ASSOCIATED INDIVIDUALS OR ASSOCIATES, NOR End Of Life Audio Program, End Of Life Audios OR PARTNER COMPANIES OR ORGANISATIONS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES OR INJURIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DAMAGES OR INJURIES ALLEGEDLY SUSTAINED ARISING OUT OF THIS AGREEMENT, MICHAEL MAHONEY, End Of Life Audio Program, End Of Life Audios OR 3RD PARTY PROVIDERS, OR ASSOCIATE COMPANIES PROVIDING ACCESS TO AND/OR USE OF SITE, SERVICES, ONE TO ONE SERVICES OR REMOTELY THROUGH SKYPE, WHATSAPP, ZOOM OR SIMILAR, PRODUCTS, STREAMING OR APP WHETHER AVAILABLE NOW OR IN THE FUTURE YOUR ACCESS TO OR INABILITY TO ACCESS THE SITE, SERVICES, ONE TO ONE SERVICES OR REMOTELY THROUGH SKYPE, WHATSAPP, ZOOM OR SIMILAR, PRODUCTS, STREAMING OR APP WHETHER AVAILABLE NOW OR IN THE FUTURE, YOUR USE OR RELIANCE ON SITE, SERVICES, ONE TO ONE SERVICES OR REMOTELY THROUGH SKYPE, WHATSAPP, ZOOM OR SIMILAR, PRODUCTS, STREAMING OR APP OR ANY MATERIAL INFORMATION AVAILABLE ON THE SITE, THE SERVICES, ONE TO ONE SERVICES OR REMOTELY THROUGH SKYPE, WHATSAPP, ZOOM OR SIMILAR, PRODUCTS, DOWNLOADS, STREAMING AND/OR APP, OR CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, UNAUTHORIZED USE OF THE SITE, ILLNESS OR INJURY OF MICHAEL MAHONEY THE SERVICES, PRODUCTS, DOWNLOADS, STREAMING AND/OR APP, LOST OR INACCURATELY ENTERED DATA, DELAY IN OPERATION OR TRANSMISSION, BREACH OF SECURITY OR PRIVACY, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE, THE SERVICES, ONE TO ONE SERVICES OR REMOTELY THROUGH SKYPE, WHATSAPP, ZOOM OR SIMILAR, PRODUCTS, DOWNLOADS, STREAMING AND/OR APP WHETHER AS A SENDER OR RECIPIENT, OR COMPUTER VIRUS OR OTHER HARMFUL COMPONENTS, EVEN IF MICHAEL MAHONEY, OR ASSOCIATES, NOR End Of Life Audio Program, End Of Life Audios OR PARTNER COMPANIES, ASSOCIATED COMPANIES HAS BEEN ADVISED OF THE POSSIBILITY THEREOF AND WHETHER SUCH DAMAGES ARISE UNDER CONTRACT, IN TORT, IN EQUITY OR OTHERWISE.

ALL SPECIFICATION, ILLUSTRATIONS, DRAWINGS, PARTICULARS, PERFORMANCE DATA AND OTHER INFORMATION ON THE SITE AT PRESENT OR IN FUTURE OR OTHERWISE MADE AVAILABLE BY MICHAEL MAHONEY, OR ASSOCIATED COMPANIES, INCLUDING ASSOCIATES, NOR End Of Life Audio Program, End Of Life Audios OR PARTNER COMPANIES ARE INTENDED TO REPRESENT NO MORE THAN A GENERAL ILLUSTRATION OF THE SERVICES, ONE TO ONE SERVICES OR REMOTELY THROUGH SKYPE, WHATSAPP, ZOOM OR SIMILAR, PRODUCTS, DOWNLOADS,STREAMING AND/OR THE APP AND DO NOT CONSTITUTE A WARRANTY OR REPRESENTATION BY MICHAEL MAHONEY , OR ASSOCIATED SITES, End Of Life Audio Program, End Of Life Audios OR ASSOCIATED COMPANIES THAT THE SERVICES, PRODUCTS OR THE APP WILL CONFORM WITH THE SAME. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

NOTWITHSTANDING THE FOREGOING, MICHAEL MAHONEY’S LIABILITY SHALL NOT EXCEED, IN THE AGGREGATE, AN AMOUNT EQUAL TO THE LESSER OF (A) THE AMOUNT OF MONEY ACTUALLY RECEIVED BY MICHAEL MAHONEY, OR End Of Life Audio Program, End Of Life Audios OR ANY HEALTHY AUDIO RELATED SITE, ASSOCIATED COMPANIES OR 3RD PARTY COMPANY FROM YOU IN CONNECTION WITH YOUR USE OF THE SERVICES, ONE TO ONE SERVICES OR REMOTELY THROUGH SKYPE, WHATSAPP, ZOOM OR SIMILAR, PRODUCTS,DOWNLOADS,STREAMING OR THE APP, OR (B) GBP £100.

YOU HEREBY AGREE TO RELEASE MICHAEL MAHONEY, End Of Life Audio Program, End Of Life Audios AND ANY AND ALL HEALTHY AUDIO SITES OR 3RD PARTY COMPANIES, OR ASSOCIATE COMPANIES OF MICHAEL MAHONEY, IT'S/ THEIR AFFILIATES AND THIRD-PARTY LICENSORS OR VENDORS, AND EACH OF THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES FROM ANY AND ALL CLAIMS, DEMANDS, LOSSES, EXPENSES, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, CONTINGENT AND NON-CONTINGENT, TANGIBLE AND INTANGIBLE, CHOATE AND INCHOATE (COLLECTIVELY, “CLAIMS”), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF, AND INTERACTION WITH, IN ANY MANNER OR TO ANY EXTENT, THE SITE, THE SERVICES,CD RECORDINGS, DOWNLOADS,STREAMING OR STREAMED PRODUCTS OR ANY AND ALL APPS, PDF FILES.

7: Force Majeure

FORCE MAJEURE. NO PARTY SHALL BE LIABLE OR RESPONSIBLE TO THE OTHER PARTY, NOR BE DEEMED TO HAVE DEFAULTED UNDER OR BREACHED THIS AGREEMENT, FOR ANY FAILURE OR DELAY IN FULFILLING OR PERFORMING ANY TERM OF THIS AGREEMENT (EXCEPT FOR ANY OBLIGATIONS TO MAKE PREVIOUSLY OWED PAYMENTS TO THE OTHER PARTY HEREUNDER) WHEN AND TO THE EXTENT SUCH FAILURE OR DELAY IS CAUSED BY OR RESULTS FROM ACTS BEYOND THE IMPACTED PARTY’S (“IMPACTED PARTY”) REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, THE FOLLOWING FORCE MAJEURE EVENTS (“FORCE MAJEURE EVENT(S)”) THAT FRUSTRATES THE PURPOSE OF THIS AGREEMENT: (A) ACTS OF GOD; (B) FLOOD, FIRE, EARTHQUAKE OR EXPLOSION; (C) WAR, INVASION, HOSTILITIES (WHETHER WAR IS DECLARED OR NOT), TERRORIST THREATS OR ACTS, RIOT OR OTHER CIVIL UNREST; (D) GOVERNMENT ORDER OR LAW; (E) ACTIONS, EMBARGOES OR BLOCKADES IN EFFECT ON OR AFTER THE DATE OF THIS AGREEMENT; (F) ACTION BY ANY GOVERNMENTAL AUTHORITY; (G) NATIONAL OR REGIONAL EMERGENCY; (H) STRIKES, LABOR STOPPAGES OR SLOWDOWNS OR OTHER INDUSTRIAL DISTURBANCES; (I) EPIDEMIC, PANDEMIC OR SIMILAR INFLUENZA OR BACTERIAL INFECTION (WHICH IS DEFINED BY THE UNITED STATES CENTER FOR DISEASE CONTROL OR THE UK HEALTH SECURITY AGENCY (UKHSA) AS VIRULENT HUMAN INFLUENZA OR INFECTION THAT MAY CAUSE GLOBAL OUTBREAK, OR PANDEMIC, OR SERIOUS ILLNESS); (J) EMERGENCY STATE; (K) SHORTAGE OF ADEQUATE MEDICAL SUPPLIES AND EQUIPMENT; (L) SHORTAGE OF POWER, INTERNET FACILITIES (EITHER OUR SYSTEMS OR THAT OF THIRD PARTY ORGANISATIONS WE DEPEND UPON TO FULFIL OUR OBLIGATIONS TO YOU) OR TRANSPORTATION FACILITIES; AND (M) OTHER SIMILAR EVENTS BEYOND THE REASONABLE CONTROL OF THE IMPACTED PARTY. 1. NOTIFICATION OF FORCE MAJEURE. SUPPOSE A PARTY IS AFFECTED BY FORCE MAJEURE. IN THAT CASE, IT SHALL PROMPTLY NOTIFY THE OTHER PARTY IN WRITING (MEANS BY EMAIL) OF THE NATURE, EXTENT, AND EXPECTED DURATION OF THE FORCE MAJEURE EVENT, AND THE MEASURES IT IS TAKING TO MITIGATE ITS EFFECTS AND RESUME ITS PERFORMANCE AS SOON AS POSSIBLE. IF ADEQUATE SYSTEMS ARE NOT AVAILABLE, A NOTIFICATION WILL BE PLACED ON OUR WEBSITE HEADER WILL BE DEEMED AS NOTIFICATION TO ALL PARTIES. 2. SUSPENSION OF PERFORMANCE. UPON RECEIPT OF THE FORCE MAJEURE NOTICE, THE OBLIGATIONS OF BOTH PARTIES UNDER THIS CONTRACT SHALL BE SUSPENDED TO THE EXTENT AND FOR THE DURATION THAT THEY ARE AFFECTED BY THE FORCE MAJEURE EVENT UNLESS OTHERWISE AGREED BY THE PARTIES IN WRITING. 3. EXTENSION OF TIME. IF A PARTY IS PREVENTED OR DELAYED BY FORCE MAJEURE FROM PERFORMING ANY OF ITS OBLIGATIONS UNDER THIS CONTRACT WITHIN THE TIME SPECIFIED IN THIS CONTRACT, IT SHALL BE ENTITLED TO AN EXTENSION OF TIME FOR SUCH PERFORMANCE EQUAL TO THE PERIOD OF PREVENTION OR DELAY CAUSED BY THE FORCE MAJEURE EVENT. 4. TERMINATION FOR FORCE MAJEURE. IF THE FORCE MAJEURE EVENT CONTINUES FOR MORE THAN [30] DAYS FROM THE DATE OF THE FORCE MAJEURE NOTICE, EITHER PARTY MAY TERMINATE THIS CONTRACT BY GIVING WRITTEN NOTICE TO THE OTHER PARTY. UPON SUCH TERMINATION, NEITHER PARTY SHALL HAVE ANY LIABILITY TO THE OTHER PARTY FOR ANY LOSS OR DAMAGE ARISING FROM OR RELATING TO THE TERMINATION OR THE FORCE MAJEURE EVENT, EXCEPT FOR ANY OBLIGATIONS THAT ACCRUED PRIOR TO THE TERMINATION OR THAT EXPRESSLY SURVIVE THE TERMINATION. 5. ALLOCATION OF COSTS. EACH PARTY SHALL BEAR ITS OWN COSTS AND EXPENSES ARISING FROM OR RELATING TO THE FORCE MAJEURE EVENT AND ITS CONSEQUENCES.

USE OF THIS SITE IS ACCEPTANCE BY YOU OF THESE TERMS AND CONDITIONS. CONTINUING TO USE THIS SITE AND OR ANY PRODUCTS OR SERVICES IS DEEMED AS ACCEPTANCE OF THESE CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS DO NOT USE THIS SITE.

01 September 2024