Terms

Last amended on 21/05/2020

Please read these Terms and Conditions ("Terms", "these Terms") carefully before using the active-healthy.com website, including all of its pages (“Site”). The Site is operated by Verismati Limited ("we", or "Company").

Your access to and use of the Site is conditioned on your acceptance of and compliance with these Terms. These Terms become binding on you from the point at which you start using the Site as a registered user, either with or without subscription, and will remain in full force and effect unless and until they are terminated or until you use the Site.

By accessing or using the Site you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access the Site.

    1. Your account and use of the Site

Access to certain features of our Site may require registering an account with us. Please, provide accurate, complete, and updated registration information for the account you intend to use.

Your password (and any other piece of security identification information for your account on this Site) is confidential, non-transferable and is for your personal use only. Any transfer or misuse of your password is strictly prohibited. You agree that we shall not be responsible or liable for any loss or damage of any kind incurred as the result of the unauthorized use of your password by any third party.

Please note that your use of the Site may be interrupted at any time for the purposes of maintenance, updates or technical improvements, or to configure or improve the Site, or due to legal proceedings or regulatory authorities, including to protect the interests of any third party.

You acknowledge and agree that due to the nature of Internet the security, availability and integrity of Internet data transmissions cannot be guaranteed. We do not accept any liability or responsibility for any loss or failure, lost data, or any other harm caused by any delays in access to the Site, the rendering of content or interruptions or technical failures of any kind, including without limitation those related to issues involving viruses, worms, bugs, tampering, unauthorized intervention, technical difficulties, hardware or software failures or delays, delays or failures resulting from the use of the Site or of any transmission of data within it.

    2. Acceptable use policy

    (i)    Illegal activities

You may access and use the Site for lawful purposes only. You are responsible for any transmission you receive, post, access, or store via the Site. Company strictly prohibits the use of the Site for the transmission, distribution, retrieval, or storage of any information, data, or other material in violation of any applicable law or regulation (including, where applicable, any tariff or treaty). This prohibition includes, but is not limited to, the use or transmission of any data that is protected by copyright, trademark, trade secret, patent or other intellectual property right without proper authorization and the transmission of any material that constitutes an illegal threat, violates export control laws, or is obscene, defamatory, or otherwise unlawful.

    (ii)    Unauthorized access/Interference

You may not attempt to gain unauthorized access to, or attempt to interfere with or compromise the normal functioning, operation, or security of any portion of the Site. You may not use the Site to engage in any activities that may interfere with the ability of others to access or use the Site or the Internet. You may not use the Site to monitor any data, information, or communications on any network or system. You are strictly prohibited from attempting to gain access to the user accounts of other users, or violating system or network security, each of which may result in criminal and civil liability. Company will investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. We also may, but are under no obligation to, monitor equipment, systems and network equipment at any time for security and management purposes.

    (iii)    Spoofing/Fraud

Customers and Users are prohibited from intentionally or negligently injecting false data into the Internet via the Site, for instance in the form of bad routing information (including, but not limited to, the announcing of networks owned by someone else or reserved by the Internet Assigned Numbers Authority) or incorrect DNS information.

You may not attempt to send e-mail messages or transmit any electronic communications using a name or address of someone other than the your for purposes of deception via the Site. Any attempt to impersonate someone else by altering a source IP address information or by using forged headers or other identifying information is prohibited. Any attempt to fraudulently conceal, forge, or otherwise falsify a user’s identity in connection with use of the Site is also prohibited.

We reserve the right to immediately suspend or terminate your access to the Site or to remove your account information, data from our services and any other records in case of your breach of these Terms, without notice. In case your account is terminated, you agree that all fees paid to us are final and all outstanding or pending payments will immediately be due.

    3. Subscription and payments

If you want to experience more features of our Site, you may purchase one of the proposed subscription packages. We may offer different subscription packages from time to time. The subscription fees may vary. The exact price is always specified on the sign up and payment page. Except as set out below, they are non-refundable.

We offer 3 day trial period (AUD 3) and subscription packages (AUD 80) that will automatically renew on a monthly basis until cancelled by you.

Unless you notify us before the renewal date of the subscription that you wish to cancel, your subscription will automatically renew. You authorise us (without notice) to collect the applicable subscription fees using any valid payment source we have on record for you by subscribing on any of our packages including trial. We will not debit any repeat payments before the current month ends.

If the transaction is successful – your subscription will be prolonged on the regular terms.
If the automatic renewal transaction is declined, Verismati Limited may, but is not obliged to attempt to process it again for maximum 5 times after the first attempt. If the last transaction retry attempt is declined your subscription and your access to the services will be cancelled.

By accepting these Terms, you acknowledge that we reserve the right to change subscription fee rates at any time in our sole discretion.

You have several options to manually cancel your subscription or trial membership with us: by visiting the "My Account" section of the Site and following the relevant link to Remove Your Account; by submitting a Cancellation of Subscription form; by contacting our Support with the respective request. However, please note that you will not be entitled to refund for any partial-month subscription periods or unused services. If you cancel your subscription or trial membership, you will have access to the services till the end of the paid period. No payments will be charged by us in the following months.

If you are dissatisfied with the services Company provided, you may contact our Support for refund. In such case we shall investigate the situation and consider various facts such as complaints from other users or customers’ comments, data on how you used the Site, etc. We will only refund the most recent payment within the subscription. Please note that such refund will result in immediate cancellation of the subscription.
In case of any billing dispute, please contact us to attempt settlement before engaging any third party, credit card company or bank. We will dully and promptly assess your complaint.

    4. Content Policy

We allow users to upload content to our Site. However, it will not be considered confidential nor proprietary (subject to exclusion of moral rights). It may be disclosed in compliance with data protection legislation or copied and distributed in our sole discretion.

Every piece of content uploaded to our Site has to be compliant with our Acceptable use policy. Such compliance is your responsibility, as well as to indemnify us for any breach of it. We reserve the right to remove any content you post on our Site in case it is non-compliant.

In the event when any third party claims that content uploaded by you to our Site violates their privacy or intellectual property rights, we may disclose your identity to any third party in the process of solving dispute.
Please notify us of any content on our Site which in your opinion breaches these Terms.

    5. Intellectual property rights

You agree that the content of the Site, including but not limited to texts, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the content, contain proprietary information and material that is owned by Company and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Site for personal, noncommercial uses in compliance with these Terms and applicable legislation. No part of the Site may be reproduced in any form or by any means, except as expressly permitted by these Terms. You agree not to modify, rent, loan, sell, or distribute the Site or it’s part in any manner, and you shall not exploit the Site in any manner not expressly authorized.

The name “Verismati Limited” or any derivatives thereof, and any other names and logos and all related product and service names, design marks and slogans, trademarks (whether registered or not) which are owned or controlled by the Company and made available to you through the Site or otherwise. You are granted no right or license with respect to any of the aforesaid trademarks.

    6. Limitation of liability

THIS SITE, THE CONTENTS AND THE PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. IN NO EVENT AND UNDER NO THEORY OF LIABILITY, INCLUDING CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE, WILL THE Verismati Limited BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICES, INCLUDING THOSE ARISING FROM OR RELATING TO CONTENT MADE AVAILABLE ON THE SITE THAT IS ALLEGED TO BE DEFAMATORY, OFFENSIVE, OR ILLEGAL. ACCESS TO, AND USE OF, THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. LIMITATIONS OF THIS SECTION WILL APPLY TO ANY THEORY OF LIABILITY, INCLUDING THOSE BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND EVEN IF THE COMPANY HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGE. THE SITE IS PROVIDED FOR DOMESTIC AND PRIVATE USE ONLY. WE HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

    7. Amendments

We reserve the right to suspend access to all or part of the Site for any reason, as well as change it or any of its elements.
We reserve the right to update these Terms and our Privacy Policy and any other documentation referred to in any of these documents from time to time. If you do not agree to the changes made to the terms of the Terms, then you have the right to stop using the Site and should do so immediately. Your continued use of the Site after the date the changes have been posted will constitute acceptance of the amended Terms.

    8. Other

Payment security.
All payment transactions on our Site are processed in accordance with the PCI DSS. When you make a payment on our Site, you may be subject to terms and conditions and privacy policy of the payment service provider. We disclaim any and all liability that could arise from the actions of such providers.

Headings.
Section headings are inserted for convenience only and shall not affect the interpretation of the Terms.

Severability.
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

Assignment.
You may not assign, transfer or sub-contract any of your rights under the Terms. We may assign, transfer or sub-contract all or any of our rights at any time without notice or your consent.

Entire agreement.
The Terms, including any legal notices and disclaimers contained on this Site, constitute the entire agreement as to your use of and our provision of the access to the Site and supersedes and extinguishes all previous communications, representations (other than fraudulent misrepresentations) and arrangements, whether written or oral.

No reliance.
You acknowledge that you have placed no reliance on any representation made but not set out expressly in the Terms.

Governing law.
The Terms shall be subject to the laws of Republic of Cyprus and the parties shall submit to the exclusive jurisdiction of the courts of Republic of Cyprus.

Indemnification.
You (and also any third party for or on behalf of whom you operate an activity on the Site) agree to defend (at our request), indemnify and hold us harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable legal and attorneys’ fees and costs, arising out of or in any way connected with your use of the Site.

Linking.
Under no circumstances can you establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. Our Site must not be framed on any other site.

No advice.
Except as explicitly specified, no information on our Site shall constitute a professional advice.

Contacts.
Please contact us:
By post: 1 Kastellorizou, CHARA COURT No.3, Flat 11, Pyla, 7081 Larnaca, Cyprus.

We appreciate your interest in our Site.