Terms & Condition

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY!

Welcome to demise.com These Terms of Use describe the terms and conditions applicable to your access and use of the websites at demise.com (hereinafter referred to as the “Site”). This document is a legally binding agreement between you as the user(s) of the Sites (referred to as “you”, “your” or “User” herein after) and the demise.com entity listed in clause 2.1 below (referred to as “we”, “our” or “demise.com ” herein after).

1. APPLICATION AND ACCEPTANCE OF TERMS:

  • 1.1 Your use of the Site and demise.com services, software and products (collectively the as the “Services” hereinafter) is subject to the terms and conditions contained in this document as well as the Privacy Policy and any other rules and policies of the Site that demise.com may publish from time to time. This document and such other rules and policies of the Site are collectively referred to below as the “Terms”. By accessing the Sites or using the Services, you agree to accept and be bound by the Terms. Please do not use the Services or the Site if you do not accept all of the Terms.
  • 1.2 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with demise.com , or (b) you are not permitted to receive any Services under the laws of United States America or other countries / regions including the country / region in which you are resident or from which you use the Services.
  • 1.3 You acknowledge and agree that demise.com may amend any Terms at any time by posting the relevant amended and restated Terms on the Sites. By continuing to use the Services or the Sites, you agree that the amended Terms will apply to you.
  • 1.4 You may be required to enter into a separate agreement, whether online or offline, with demise.com for any Service (“Additional Agreements”). If there is any conflict or inconsistency between the Terms and an Additional Agreement, the Additional Agreement shall take precedence over the Terms only in relation to that Service concerned.
  • 1.5 The Terms may not otherwise be modified except in writing by an authorized officer of demise.com

2. PROVISION OF SERVICES:

  • 2.1 You must register as a member on the Site in order to access and use some Services. Further, demise.com reserves the right, without prior notice, to restrict access to or use of certain Services (or any features within the Services) to paying Users or subject to other conditions that demise.com may impose in our discretion.
  • 2.2 Services (or any features within the Services) may vary for different regions and countries. No warranty or representation is given that a particular Service or feature or function thereof or the same type and extent of the Service or features and functions thereof will be available for Users. demise.com may in our sole discretion limit, deny or create different level of access to and use of any Services (or any features within the Services) with respect to different Users.
  • 2.3 demise.com may launch, change, upgrade, impose conditions to, suspend, or stop any Services (or any features within the Services) without prior notice except that in case of a fee-based Service, such changes will not substantially adversely affect the paying Users in enjoying that Service.

3. USERS ACCESS:

  • 3.1 As a condition of your access to and use of the Site or Services, you agree that you will comply with all applicable laws and regulations when using the Site or Services.
  • 3.2 You agree to use the Site or Services solely for your own private and internal purposes. You agree that (a) you will not copy, reproduce, download, re-publish, sell, distribute or resell any Services or any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc. available on or through the Site (the “Site Content”), and (b) you will not copy, reproduce, download, compile or otherwise use any Site Content for the purposes of operating a business that competes with demise.com or otherwise commercially exploiting the Site Content. Systematic retrieval of Site Content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from demise.com is prohibited. Use of any content or materials on the Sites for any purpose not expressly permitted in the Terms is prohibited.
  • 3.3 You must read demise.com Privacy Policy which governs the protection and use of personal information about Users in the possession of demise.com and our affiliates. You accept the terms of the Privacy Policy and agree to the use of the personal information about you in accordance with the Privacy Policy.
  • 3.4 You agree not to undertake any action to undermine the integrity of the computer systems or networks of demise.com and/or any other User nor to gain unauthorized access to such computer systems or networks.
  • 3.5 You agree not to undertake any action which may undermine the integrity of demise.com feedback system, such as leaving positive feedback for yourself using secondary Member IDs or through third parties or by leaving unsubstantiated negative feedback for another User.

4. THIRD-PARTY:

  • demise.com may allow Users to access to content or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise), API or otherwise to such third parties' web sites. You are cautioned to read such web sites' terms and conditions and/or privacy policies before using the Sites. You acknowledge that demise.com has no control over such third parties' web sites, does not monitor such web sites, and shall not be responsible or liable to anyone for such web sites, or any content or services made available on such web sites.

5. MEMBER ACCOUNTS:

  • 5.1 User must be registered on the Site to access or use some Services (a registered User is also referred to as a “Member” below). Except with demise.com approval, one User may only register one member account on the Site. demise.com may cancel or terminate a User’s member account if demise.com has reasons to suspect that the User has concurrently registered or controlled two or more member accounts. Further, demise.com may reject User’s application for registration for any reason.
  • 5.2 Upon registration on the Site, demise.com shall assign an account and issue a member ID and password (the latter shall be chosen by a registered User during registration) to each registered User. An account may have a web-based email account with limited storage space for the Member to send or receive emails.
  • 5.3 A set of Member ID and password is unique to a single account. Each Member shall be solely responsible for maintaining the confidentiality and security of your Member ID and password and for all activities that occur under your account. No Member may share, assign, or permit the use of your Member account, ID or password by another person outside of the Member’s own business entity. Member agrees to notify demise.com immediately if you become aware of any unauthorized use of your password or your account or any other breach of security of your account.
  • 5.4 Member agrees that all activities that occur under your account (including without limitation, posting any information, clicking to accept any Additional Agreements or rules, subscribing to or making any payment for any services, sending emails using the email account or sending SMS) will be deemed to have been authorized by the Member.
  • 5.5 Member acknowledges that sharing of your account with other persons, or allowing multiple users outside of your business entity to use your account (collectively, "multiple use"), may cause irreparable harm to demise.com or other Users of the Sites. Member shall indemnify demise.com , our affiliates, directors, employees, agents and representatives against any loss or damages (including but not limited to loss of profits) suffered as a result of the multiple use of your account. Member also agrees that in case of the multiple use of your account or Member’s failure to maintain the security of your account, demise.com shall not be liable for any loss or damages arising from such a breach and shall have the right to suspend or terminate Member’s account without liability to Member.

6. MEMBER’S RESPONSIBILITIES:

  • a) be true, accurate, complete and lawful;
  • b) not be false, misleading or deceptive;
  • 6.3 Each Member further represents, warrants and agrees that the Content that you submit, post or display shall:
  • c) not contain information that is defamatory, libelous, threatening or harassing, obscene, objectionable, offensive, sexually explicit or harmful to minors;
  • d) not contain information that is discriminatory or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • e) not violate the other Terms or any applicable Additional Agreements
  • f) not violate any applicable laws and regulations (including without limitation those governing export control, consumer protection, unfair competition, or false advertising) or promote any activities which may violate any applicable laws and regulations;
  • 6.4 Each Member further represents, warrants and agrees that you shall:
  • a) carry on your activities on the Site in compliance with any applicable laws and regulations;
  • b) conduct your transactions in good faith;
  • c) carry on your activities in accordance with the Terms and any applicable Additional Agreements;
  • d) not use the Services or Site to defraud any person or entity (including without limitation sale of stolen items, use of stolen credit/debit cards);
  • e) not impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity;
  • f) not engage in spamming or phishing;
  • g) not engage in any other unlawful activities (including without limitation those which would constitute a criminal offence, give rise to civil liability, etc.) or encourage or abet any unlawful activities;
  • h) not involve attempts to copy, reproduce, exploit or expropriate demise.com various proprietary databases and listings;
  • i) Not involve any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
  • j) Not involve any scheme to undermine the integrity of the data, systems or networks used by demise.com and/or any user of the Site or gain unauthorized access to such data, systems or networks;
  • k) Not engage in any activities that would otherwise create any liability for demise.com .
  • 6.5 Member may not use the Services and member account to engage in activities which are identical or similar to demise.com .
  • 6.6 Member agrees to provide all necessary information, materials and approval, and render all reasonable assistance and cooperation necessary for demise.com provision of the Services, evaluating whether Member has breached the Terms and/or handling any complaint against the Member. If Member’s failure to do so results in delay in, or suspension or termination of, the provision of any Service, demise.com shall not be obliged to extend the relevant service period nor shall be liable for any loss or damages arising from such delay, suspension or termination.
  • 6.7 Member acknowledges and agrees that demise.com shall not be required to actively monitor nor exercise any editorial control whatsoever over the content of any message or material or information created, obtained or accessible through the Services or Site. demise.com does not endorse, verify or otherwise certify the contents of any comments or other material or information made by any Member. Each Member is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information.
  • 6.8 Member acknowledges and agrees that each Member is solely responsible for observing applicable laws and regulations in its respective jurisdictions to ensure that all use of the Site and Services are in compliance with the same.

7. BREACHES BY MEMBERS:

  • 7.1 demise.com reserves the right in our sole discretion to remove, modify or reject any User Content that you submit to, post or display on the Sites which we reasonably believe is unlawful, violates the Terms, could subject demise.com to liability, or is otherwise found inappropriate in demise.com opinion.
  • 7.2 If any Member breaches any Terms or if demise.com has reasonable grounds to believe that any Member is in breach of any the Terms, demise.com shall have the right to impose a penalty against the Member, or suspend or terminate the Member’s account or subscription of any Service without any liability to the Member. demise.com shall also have the right to restrict, refuse or ban any and all current or future use of any other Service that may be provided by demise.com . The penalties that demise.com may impose include, among others, warning, removing content that the Member has submitted, posted or displayed, or imposing restrictions on the Member’s use of any features or functions of any Service for such period as demise.com may consider appropriate in our sole discretion.
  • 7.3 Without limiting the generality of the provisions of the Terms, a Member would be considered as being in breach of the Terms in any of the following circumstances:
  • a) demise.com has reasonable grounds to suspect that such Member has used a stolen credit card or other false or misleading information in any transaction.
  • b) demise.com has reasonable grounds to suspect that any information provided by the Member is not current or complete or is untrue, inaccurate, or misleading, or
  • c) demise.com believes that the Member’s actions may cause financial loss or legal liability to demise.com or any other Users.
  • 7.4 demise.com reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, demise.com may disclose the Member's identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action. demise.com shall not be liable for damages or results arising from such disclosure, and Member agrees not to bring any action or claim against demise.com for such disclosure.
  • 7.5 If a Member is in breach of the Terms, demise.com also reserves the right to publish the records of such breach on the Site. If such breach involves or is reasonably suspected of involving dishonest or fraudulent activities, demise.com also reserves the right to disclose the records of such breach to our affiliates.
  • 7.6 demise.com may, at any time and in our reasonable discretion, impose limitations on, suspend or terminate the Member’s use of any Service or the Site without being liable to the Member if demise.com has received notice that the Member is in breach of any agreement. demise.com shall have the right to publish the records of such breach on the Site. demise.com shall not be required to investigate such breach or request confirmation from the Member.
  • 7.7 Each Member agrees to indemnify demise.com , its directors, employees, agents and representatives and to hold them harmless, from any and all damages, losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from your submission, posting or display of any User Content, from your use of the Sites or Services, or from your breach of the Terms.
  • 7.8 Each Member further agrees that demise.com is not responsible, and shall have no liability to you or anyone else for any User Content or other material transmitted over the Site, including fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with each Member. demise.com reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Member, in which event the Member shall cooperate with demise.com in asserting any available defenses.

8.LIMITATION OF LIABILITY:

  • 8.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, demise.com MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITE. demise.com MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING ANY SERVICE OFFERED OR DISPLAYED ON THE SITE.
  • 8.2 Any material downloaded or otherwise obtained through the Site is done at each User's sole discretion and risk and each User is solely responsible for any damage to demise.com computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any User from demise.com or through or from the Site shall create any warranty not expressly stated herein.
  • 8.3 Each User hereby agrees to indemnify and save demise.com , its directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User's use of the Sites or Services (including but not limited to the display of such User's information on the Sites) or from your breach of any of the terms and conditions of the Terms. Each User hereby further agrees to indemnify and save demise.com , our affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise from User's breach of any representations and warranties made by User to demise.com including but not limited to those set forth in Section 4 hereunder.
  • 8.4. Each User hereby further agrees that demise.com is not responsible and shall have no liability to you, for any material posted by others, including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each User. demise.com reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with demise.com in asserting any available defenses.
  • 8.5 demise.com shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, equity or otherwise or any other damages resulting from any of the following.
  • a) the use or the inability to use the Site or Services;
  • b) any defect in information or services purchased or obtained from a User through the Site;
  • c) unauthorized access by third parties to data or private information of any User;
  • d) statements or conduct of any User of the Site; or;
  • e) any matters relating to Services however arising, including negligence.
  • 8.6 Notwithstanding any of the foregoing provisions, the aggregate liability of demise.com , our employees, agents, affiliates, representatives or anyone acting on our behalf with respect to each User for all claims arising from the use of the Site or Services during any calendar year shall be limited to the greater of (a) the amount of fees the User has paid to demise.com or our affiliates during the calendar year and (b) ______________ (amount). The preceding sentence shall not preclude the requirement by the User to prove actual damages. All claims arising from the use of the Site or Services must be filed within one (1) year from the date the cause of action arose.
  • 8.7 The limitations and exclusions of liability to you under the Terms shall apply to the maximum extent permitted by law and shall apply whether or not demise.com has been advised of or should have been aware of the possibility of any such losses arising.

9. FORCE MAJEURE:

  • 9.1 Under no circumstances shall demise.com be held liable for any delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.

10. INTELLECTUAL PROPERTY RIGHTS:

  • 10.1 demise.com is the sole owner or lawful licensee of all the rights and interests in the Site and the Site Content. The Site and Site Content embody intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Site and Site Content shall remain with demise.com or licensors of the Site Content, as the case may be. All rights not otherwise claimed under the Terms or by demise.com are hereby reserved.
  • 10.2 demise.com and related icons and logos are registered trademarks or trademarks or service marks of demise.com and related icons and logos are registered trademarks or trademarks or service marks of demise.com , in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
  • 10.3 demise.com may have independent third parties involved in the provision of the Services (e.g., the authentication and verification service providers). You may not use any trademark, service mark or logo of such independent third parties without prior written approval from such parties.
  • 10.4 Repeat violations of our Intellectual property rights may result in a range of actions, including without limitation to:
  • a) Removal of listings
  • b) Posting restrictions
  • c) Account suspension
  • d) Termination of membership service agreement
  • 10.5 demise.com has the full discretion to take any enforcement action anytime for certain extreme / conspicuous situations, such as where litigation has already been initiated by intellectual property rights holder.
  • 10.6 All intellectual property infringement claims shall be made under penalty of perjury. Intellectual property right holders further agrees to indemnify and hold demise.com harmless from all claims, causes of action, damages and judgments arising out of any removal of service listings pursuant to intellectual property infringement claims. As a neutral online platform demise.com does not adjudge conflicting intellectual property infringement claims. Any action taken by demise.com shall not be construed as any endorsement of any intellectual property infringement claim. All conflicting intellectual property infringement claims shall be resolved by the relevant conflicting parties separately from demise.com .

11. NOTICES:

  • 11.1 All legal notices or demands to or upon demise.com shall be made in writing and sent to demise.com personally, by courier, certified mail, or facsimile to the following address: support@after.me . The notices shall be effective when they are received by demise.com in any of the above-mentioned manner.
  • 11.2 All legal notices or demands to or upon a User shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User to demise.com , or by posting such notice or demand on an area of the Site that is publicly accessible without a charge. Notice to a User shall be deemed to be received by such User if and when.
  • a) demise.com is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or
  • b) immediately upon demise.com posting such notice on an area of the Site that is publicly accessible without charge.
  • 11.3 You agree that all agreements, notices, demands, disclosures and other communications that demise.com sends to you electronically satisfy the legal requirement that such communication should be in writing.

5. MEMBER ACCOUNTS:

  • 12.1 Subject to any Additional Agreements, the Terms constitute the entire agreement between you and demise.com with respect to and govern your use of the Site and Services, superseding any prior written or oral agreements in relation to the same subject matter herein.
  • 12.2 demise.com and you are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms.
  • 12.3 If any provision of the Terms is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall remain valid and be enforced.
  • 12.4 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
  • 12.5 demise.com ’s failure to enforce any right or failure to act with respect to any breach by you under the Terms will not constitute a waiver of that right nor a waiver of demise.com right to act with respect to subsequent or similar breaches.
  • 12.6 demise.com shall have the right to assign the Terms (including all of our rights, titles, benefits, interests, and obligations and duties in the Terms to any person or entity (including any affiliates of demise.com ). You may not assign, in whole or part, the Terms to any person or entity.
  • 12.7 The Terms shall be governed by the laws of United States America without regard to its conflict of law provisions. The parties to the Terms hereby submit to the exclusive jurisdiction of the courts of United States America.