The TOU below constitute a legal Agreement between you (herein referred to as “the Customer” and XYZ Company (herein referred to as “the Company”, legal owner of the domain name and website maugle.com (herein referred to as “the Website”), each referred to herein as “the Party” and collectively as “the Parties
General Terms and Conditions
Intellectual Property Rights
The Website, including the logo of the Company which features on the Website, is protected under the Copyright law and other Intellectual Property laws of Mauritius. By using this Website the Customer agrees to abide by any and all copyright notices, trademark notices, ownership information and restrictions contained in any content on the Website. The Customer may download and make copies of the content and other downloadable items displayed on the Website, provided that the Customer maintains all copyright and other notices contained in such content. Copying and storing of any content on the Website for reproduction, redistribution or publication to third parties for commercial purposes is expressly prohibited without having obtained prior written permission from the Company.
Use of Website for Lawful Purposes
The Customer agrees to use the Website for lawful purposes only. The Customer undertakes not to post or transmit, through the Website, any material which violates or infringes in any way upon the rights of others, which is unlawful, abusive, defamatory, invasive of privacy or publicity rights, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law, or which, without the Company’s express prior approval, contains advertising or any solicitation with respect to the services offered by the Company.
Any conduct by a Customer that, at the discretion of the Company, restricts or inhibits any other Customer from using or enjoying the Website will not be permitted. The Customer agrees not to use the Website to advertise or perform any commercial solicitation of other website users to become subscribers of other on-line information services competitive with the Company.
Availability of the Service
Unless otherwise stated, the services featured on this website are only available within the Republic of Mauritius, or in relation to postings from the Republic of Mauritius. All advertising is intended solely for the Mauritian market. The Customer is solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. The Customer acknowledges that the Internet is neither owned by any organisation, company, legal or physical entity. The Company cannot guarantee the accessibility of the Website or any of the Company’s services at any given time. The Company undertakes that it shall make every good faith effort to ensure that its Website and all of its services are available as widely as possible and with as little service interruption as possible.
Links to the Website
You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
Use of the Website by Third Parties
Use of Third Party Websites
The Company disclaims all liabilities or responsibilities for the accuracy and suitability of third party websites contents that can be reached by using the Website. Any use of any content from a third party website, including but not limited to, information or downloadable files, is at the risk of the Customer. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
Cash, Personal Cheque and all major Credit/Debit Cards are all acceptable methods of payment. Our Terms are payment in full within thirty days. Monies that remain outstanding by the due date will incur late payment interest at the rate of 2% above the prevailing base rate of the Bank of Mauritius on the outstanding balance until such time as the balance is paid in full and final settlement. The Company reserves the right to have legal recourse for any monies remaining unpaid sixty days from the date of invoice. In such circumstances, the Customer shall be liable for any and all additional administrative and/or court costs. Returned cheques will incur a minimum of MRUxxx charge to cover banking fees and administrative costs. In an instance of a second returned cheque, the Company reserves the right to terminate the arrangement and, if agreed to, the Company shall insist on future cash transactions only. Consequently, all bookings and/or transactions and agreements entered into will cease with immediate effect until such time as any and all outstanding monies are recovered in full.
The Company uses IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, the web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within the Company on a “need-to-know” basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without the explicit permission of the Customer.
Links from this website
The Company does not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or materials appearing on such websites are not necessarily shared or endorsed by the Company and should not be regarded as the publisher of such opinions or materials. The Company is not responsible for the privacy practices, or content, of these sites. The Company encourages all Customers to be aware when they leave the site of the Company and to read the privacy statements of these sites.
Failure by either Party to enforce any of the provisions set out in these terms and conditions and any agreement, or failure of either Party to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. The terms and conditions of the TOU shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.
Exclusions and Limitations
The information on this web site is provided on an "as is" basis. To the fullest extent permitted by the laws of Mauritius, the Company
The above exclusions and limitations apply only to the extent permitted by laws of Mauritius. None of the statutory rights of the Customer as a consumer are affected.
The Customer hereby agrees to indemnify the Company and undertake to keep the Company indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by the Company to a third party in settlement of a claim or dispute on the advice of legal advisers of the Company) incurred or suffered by the Company arising out of any breach by the Customer of any provision of these terms and conditions of use, or arising out of any claim that the Customer has breached any provision of these terms and conditions of use.
Termination and Cancellation
Termination by either Party
Either Party may terminate the TOU upon written notice to the other Party if one Party materially breaches any of these terms and conditions and the breaching Party fails to remedy the breach within 10 days following the Party’s written notice, or immediately if the breach is incapable of being remedied.
Termination by the Company
The Company reserves the right to terminate this TOU if:
1. The Customer fails to pay any sums due to the Company as they fall due;
2. The Company determines in good faith that this service has become impractical or unfeasible for any technical, legal, regulatory or other reason; or
3. The Customer violates this TOU or any agreement incorporated by reference.
The Company may terminate a particular order, or aspect of the Services, if a Third Party ceases to make components of them available to us, or if providing them to the Customer becomes cost prohibitive.
Termination by the Customer
The Customer may cancel or terminate the services by sending a written email to the Company. The Company will send an email confirmation to acknowledge the cancellation or termination request. If the Customer fails to give a written notice, the services will not be cancelled or terminated, and Fees will still be charged. The Customer can reinstate his account, at any given period from the date of termination or cancellation request, by sending a written email to the Company. The Customer agrees that the account reinstatement will be subject to a re-instatement fee of MRU xxx The Customer understands and agrees that in case of re-activation of his account suspended for violation of the terms and conditions herein stated, a re-activation fee of MRU xxxx will be applied.
No refunds shall be offered, where a service is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to the Company which constitute payment in respect of the provision of unused services, shall be refunded.
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
Notification of Changes
The Company, bearing business registration number xxx is duly registered under the laws of Mauritius and has its registered office at St James Court, Suite 308, St Denis Street, Port Louis, Republic of Mauritius. The Company has several different e-mail addresses for different queries. These, & other contact information, can be found on the Contact Us link on the website or via Company literature or via the Company’s stated e-mail, telephone, facsimile numbers.
The terms and conditions under the TOU is governed and construed in accordance with the laws of Mauritius.
By accessing the Website and using the services of the Company, the Customer agrees to the terms and conditions of the TOU and submits to the exclusive jurisdiction of the courts of Mauritius in all disputes arising out of such access.
If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply.
Your accessing of the Website and/or undertaking of a booking or agreement indicates your understanding, agreement to and acceptance, of the Disclaimer and the full terms and conditions contained herein.