Terms and Conditions

Introduction

These are the general terms and conditions ("Terms") governing your access and use of the content and services offered to you on this portal "Portal" or site "Site" (whether you access it from the web, by WAP or on a PDA) (collectively, the "Service" or "Services"). This Site and the Services are operated by or on behalf of Nutsh (hereinafter referred to as "we", "us", "our" or "Nutsh"). Any reference to "you" and "yours" shall refer to you, the user of the Service.

Scope of Implementation

Your access and use of the Service and any information and services provided by us as part of or via the Service is subject to these Terms (which include any directions and guidelines given by us on the Service from time to time) without modification by you. We may change these Terms from time to time, we will provide advance notice of major changes to the Service, when and where required.

By accessing any of the Services (with or without registering for the Service) you accept that you are legally bound by the current Terms on the Service at the time of your access. You should therefore check these Terms each time you access or use any of the Services.

Where a third party service or content provider ("Provider") is identified as providing a particular service or application forming part of the Service, then you may also be contracting directly with such Provider and your access to and use of that service or application may be subject to additional terms and conditions. For the avoidance of doubt in using any such Provider service you will still be bound by these Terms to the extent they are applicable.

Your Agreement

Your contract with us shall begin upon the earlier of you:
completing our registration process; or
viewing, accessing or using any Service offered by us which does not require registration.
In addition to these Terms, there may be additional terms and conditions which apply to individual Services which you will be required to accept when registering for that Service.

Passwords and Usernames

Registration: You agree to provide true, accurate, current and complete information when registering for the Service. Following registration, you will be issued with a password to access the Service and any pages for which registration is required. You are responsible for all actions that take place as a result of access to the Service via your password. It is your responsibility to ensure the security of your password and the device that you use to access the Service. Any breach of these Terms by anyone to whom you disclose your password will be treated as a breach by you.

Password: In the event that your password becomes known to any unauthorised user, you are responsible to take action to change it immediately using the methods on the site. You agree to perform modifications on any mistakes in your registration details by amending them using the My Profile section on the website or by contacting us.

Username: When registering:

• the user name you choose must not be obscene, threatening, menacing, racist, offensive, derogatory, defamatory or in violation of any intellectual property or proprietary rights of any third party; and

• if we consider in our sole and absolute discretion that the user name selected by you is inappropriate, we reserve the right to reject and prevent your use of such user name at any time with or without notice to you.

Your Information

We are committed to protecting your privacy online and recognizes the importance of protecting the privacy of personally identifiable information collected about you. In adopting this member privacy policy, we intend to make sure you are fully aware of each party's involvement in such privacy and web usage.

Please read carefully the following statement to clearly understand our views and practices regarding all privacy matter and how they might affect you as you use our services and offers:

We do not collect personally identifying information about Nutsh members, except when specifically and knowingly provided by such members. We do not provide personal information, and do not sell, rent or otherwise share your personal information with any third parties.

However, it is very important to note that any data you send over the web using any of our services will be logged onto our system. These data remain confidential, but will be disclosed in addition to your personal information to law enforcement agencies, upon explicit request, and only if such disclosure is deemed necessary.

Your Usage

We grant you a non-exclusive, non-transferable right to view and use the Service and the Content via your PC, mobile telephone or other access device for private, non-commercial purposes only and subject to your strict compliance with these Terms. You may copy the Content in an unchanged form for private non-commercial use on your own PC, mobile phone or other access device if and to the extent that such copying is required for the proper use of the Service or the Content and such copying is permitted by the copyright owner and is a fair use.

You shall not be entitled in respect of any Content (wholly or partly):

• to pass it on to third parties or to allow third parties to access it unless and to the extent expressly permitted; or

• to change, edit, modify, reformat, adapt it in any other way or create derivative work

You should notify us immediately if you become aware of any unauthorised use or copying of any Content or any part of the Services or any unauthorised access to or other unauthorised activity in connection with the Services. You hereby grant us a perpetual, irrevocable, royalty-free, world-wide licence to reproduce, transfer, modify, adapt and/or publish any Content provided by you to us by email or otherwise on the Service as we see fit and without notice to you, unless you have indicated otherwise in such communication.

Prohibited Conduct

You are responsible for any misuse of the Service or the Content even if it is by another person using your access to the Service.

You, and any persons you allow to use the Service or the Content through your access to the Service, are not allowed to:

• use the Service or the Content in any way that we in our sole and absolute discretion consider objectionable, inappropriate, likely to injure our brand and reputation or otherwise unacceptable;

• use the Service and anything available from the Service for illegal purposes or in breach of any applicable laws, statutes and regulations, codes of practice or applicable customary rules;

• infringe any other person's intellectual property rights, including copyright;

• use the Service to post, upload or otherwise transmit messages, information or pictures that are obscene or pornographic, threatening, menacing, racist, offensive, indecent, tasteless, defamatory, in breach of confidence or otherwise unlawful;

• harass, stalk, threaten, impersonate or otherwise violate the rights of others including rights of privacy;

• collect and process others' personal data;

• use the Service to harvest or collect information about users of the Service or to post or otherwise distribute unauthorised or unsolicited advertising;

We will also (in accordance with our Privacy Policy) co-operate with the law enforcement and other relevant authorities with respect to any investigation or violation of network security and reserve the right to disclose any information (including personal data) derived from you as required by law or in the good faith belief that failure to comply with a legitimate request from a law enforcement agency would be likely to prejudice the prevention or detection of crime or the apprehension or detection of offenders.

Messages, Content Delivery and Usage

Whilst we will use our reasonable efforts to ensure that messages and other communications are sent correctly to the intended recipients, we are not responsible for the delivery of these messages and other communications over third party telecommunications networks and we do not warrant and shall not be liable for any delay or failure to send, receive or process messages and other communications or the quality of the materials received. You accept and agree that messages and other communications may be manipulated, distorted, adapted, modified, stored or forwarded by others without restriction on Nutsh network and we shall not be responsible or liable for such acts

We reserve the right to suspend or terminate any account that you have registered where you remain inactive for 3 consecutive months or where we believe, in our sole and absolute discretion, that your message account or storage facility is being used for illegal purposes, to send any "spam " or any other form of unsolicited bulk communications, or messages which are obscene, threatening, menacing, racist, offensive, derogatory, defamatory or in violation of any intellectual property or proprietary rights or otherwise in breach any part of these Terms. If we intend to terminate or suspend your account due to inactivity (or if we decide to change the maximum permitted period of user inactivity) we shall use our reasonable endeavours but are not committed to notify you in advance of taking such action. We recommend that you save copies of all content that you wish to keep on another storage device apart from the Service.

Charges, Billing and Payment

The accumulated payment due to the total duration of calls of the current month will be payable at the end of the month, after which you can collect your money immediately through the Skrill payment system.

Disclaimer and Limitations of Liability

The Service is supplied to you on an "as is" and "as available" basis. We make no warranties, express or implied, with respect to the Service and/or the Content whatsoever (including without limitation regarding their quality, merchantability, fitness for a particular purpose, suitability, reliability, timeliness, accuracy, completeness, security or that they are free from errors) unless specifically set out in these Terms or any other applicable terms.

We use our reasonable endeavours to ensure that the information within the Service is accurate at the time of its inclusion, but your access to the Service and any action you carry out on the basis of data or information you obtain from or via the Service (including any transaction you make with a third party for the supply of goods or services to you) is carried out entirely at your own risk and we accept no liability for any losses that you may suffer as a result. The Service is provided to you through a variety of systems (including telecommunications) and we are unable to guarantee error-free use or transmission of, or access to, any part of the Service.

Accordingly, we shall not be liable for any loss of use, profits or data or any indirect, special or consequential damages or losses, whether such losses or damages arise in contract, negligence or tort, including without limitation to the foregoing any losses in relation to:

• your use of, reliance upon or inability to use our Service and/or Content;

• the deletion with or without notice or cause of any of your data or information stored on the Service;

• any loss of your data or material resulting from delays, non-deliveries, missed deliveries, service interruptions or a failure, suspension or withdrawal of all or part of the Service at any time; or

• the removal from the Service of any material sent or posted by you on or via the Service and/or the blocking or suspension of your access to the Service or any part of it in accordance with these Terms.

The Internet and Third Party Website - DISCLAIMER

You acknowledge that we are unable to exercise control over the security or subject matter of third party content transmitted or accessible via the Service and we exclude all liability of any kind for the transmission or reception of illegal or unlawful content. The Services may be used by you to link to other web sites, resources and/or communications networks. We accept no responsibility for their content or services. We endeavour to ensure the security of your communications; however your communications pass over third party networks over which we have no control. There is a risk that your communications may be unlawfully intercepted or accessed by those other than the intended recipient. The Internet is not a secure environment. Unwanted programs or material may be downloaded without your knowledge, which may give unauthorised persons access to information stored on your PC or mobile phone. These programs may perform actions that you have not authorised, possibly without your knowledge. We accept no liability for any loss or damage resulting from your use of the Internet and/or third party web sites or content accessed via the Service.

Indemnification

You irrevocably agree to indemnify us and our Providers, partners, affiliates, employees.... etc. fully and wholly against and to hold us and our Providers harmless on demand from all losses, costs, proceedings, damages, expenses (including reasonable legal costs, expenses and attorney fees) or liabilities howsoever incurred by us or our Providers as a result of any claim by a third party resulting from your use of the Service (or use of the Service by anyone who accesses the Service via your password) in breach or non-observance of these Terms.

We shall notify you of any claim that we or our Providers receive and you hereby provide us and/or our Providers with full authority to defend, compromise or settle such claims and shall provide us and/or our Providers with all reasonable assistance necessary to defend such claims, at your sole expense.

General

• We may delay enforcing our rights under these Terms without losing them.

• You agree that we may sub-contract the performance of any of our obligations or may assign these Terms or any of our rights or obligations without giving you notice.

• You undertake not to assign, re-sell or in any other way transfer your rights or obligations under these Terms.

• We will not be liable to you for any breach of these Terms, which arises because of any circumstances that we cannot reasonably be expected to control.

• You agree that no joint venture, partnership, employment or agency relationship exists between you and us as a result of these Terms or use of this Service.

• If any part of these Terms is determined to be legally invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect and full force.

• We reserve the right at all times to disclose any information as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request.

• These Terms, and, where applicable, the relevant additional terms that you accept as part of the registration process for a Service and the Provider terms and conditions, form the entire understanding between you and us concerning your use of the Service and supersede all previous agreements relating to the Service.

• These rules are based on current "best industry practice" and draw on the collective experience of users and service providers across the Internet community.