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Terms and Conditions

 

Last updated: May 12, 2023

Welcome to Melissa Cobham’s website (the “Service”). By using or accessing the Service, you agree to be bound by these terms and conditions (“Terms”). Please read these Terms carefully before using the Service.

 

Interpretation and Definitions

Interpretation

Words that begin with a capital letter have specific meanings defined under certain conditions. These definitions will be used throughout the Terms, whether they appear in the singular or plural form.

 Definitions

For the purposes of these Terms and Conditions:

 “Affiliate” means an entity that controls, is controlled by, or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for election of directors or other managing authority.

 “Company,” “We,” “Us,” or “Our” refers to Melissa Cobham.

 “Country” refers to Trinidad & Tobago.

 “Device” means any device that can access the Service, such as a computer, mobile device, or digital tablet.

 “Service” refers to the Website.

 “Third-party Social Media Service” means any services or content (including data, information, products, or services) provided by a third-party that may be displayed, included, or made available by the Service.

 “Website” refers to Melissa Cobham, accessible from https://melissacobham.com

“You” or “Your” means the individual accessing or using the Service, or the company or other legal entity on whose behalf such individual is accessing or using the Service.

 

Acknowledgment

These Terms and Conditions serve as the agreement between you and Melissa Cobham regarding the use of the Service. By accessing or using the Service, you agree to be bound by these Terms and Conditions, which set out the rights and obligations of all users of the Service.

 Your access to and use of the Service is subject to your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users, and others who access or use the Service. If you do not agree to these Terms and Conditions, you may not access or use the Service.

 By accessing or using the Service, you represent that you are over the age of 18. The Service is not intended for individuals under the age of 18, and the Company does not permit those under 18 to use the Service.

 Your access to and use of the Service is also subject to your acceptance of and compliance with the Company’s Privacy Policy. Our Privacy Policy outlines how we collect, use, and disclose your personal information when you use the Service and explains your privacy rights and how the law protects you. Please read Our Privacy Policy carefully before using the Service.

 

Links to Other Websites

Our Service may include links to third-party websites or services that are not owned or controlled by Melissa Cobham. We provide these links for your convenience and do not endorse the content, goods, or services available on these sites.

 Melissa Cobham has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Melissa Cobham is not responsible for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

 We strongly advise you to review the terms and conditions and privacy policies of any third-party websites or services that you visit. You access such sites or services at your own risk and agree to indemnify and hold Melissa Cobham harmless from any liability arising from your use of these sites or services.

 

 Termination

We reserve the right to terminate or suspend your access to the Service without prior notice or liability, for any reason, including but not limited to, your breach of these Terms and Conditions. Upon termination, your right to use the Service will immediately cease.

 

 Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall the Company, its affiliates, directors, officers, employees, agents, suppliers, or licensors be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from: 

  • your access to or use of or inability to access or use the Service;
  • any conduct or content of any third party on the Service;
  • any content obtained from the Service; and
  • unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. 

If You are dissatisfied with any portion of the Service or with these Terms and Conditions, your sole and exclusive remedy is to discontinue using the Service.

In no event shall our total liability to you for all damages, losses, and causes of action, whether in contract, tort (including negligence), or otherwise, exceed the amount paid by you, if any, for accessing the Service during the twelve (12) months immediately preceding the date of the claim or One Hundred United States dollars (USD 100), whichever is greater.

 Since we are based in Trinidad and Tobago, we clarify that these limitations of liability apply regardless of whether a claim arises under contract, tort, strict liability, or any other theory of liability and even if such limitation would be considered unreasonable under Trinidad and Tobago law.

 

 Governing Law

These Terms and your use of the Service are governed by the laws of the Country. This means that any legal disputes arising from your use of the Service will be governed by the laws of the Country, regardless of any conflicts of law rules that might otherwise apply. In addition, other local, state, national, or international laws may also apply to your use of the Service.

 

Disputes Resolution

If you have any concerns or disputes about the Service, we encourage you to first try to resolve them informally by contacting us. If we are unable to resolve the issue informally, you and the Company agree to submit to the jurisdiction of local arbitration in accordance with the rules and procedures of the arbitration service chosen by the Company. This means that an independent third party will listen to both sides and make a decision that is final and binding, except for any appeal right under the applicable arbitration rules. By agreeing to this provision, you and the Company give up any right to have the dispute resolved in court or to participate in a class action or similar proceeding.

 

Severability and Waiver

If a part of these Terms is found to be unenforceable, we will try to make it enforceable in a way that still achieves its purpose. The rest of the Terms will still apply. If we don’t enforce a part of the Terms, it doesn’t mean we can’t enforce it later. And if we overlook a violation, it doesn’t mean we won’t take action if it happens again.

 

 Translation Interpretation

We may provide translations of these Terms and Conditions in other languages besides English. However, if there is a disagreement or dispute, the original English text will be the official and authoritative version that will be used to settle the dispute.

 

 Changes to These Terms and Conditions

We may change or update these Terms and Conditions at any time, but we will give you at least 30 days’ notice before any significant changes take effect. If you continue to use the Service after the changes take effect, you are agreeing to the revised terms. However, if you do not agree to the changes, you must stop using the Service.

 

 Contact Us

If you have any questions or concerns regarding these Terms and Conditions, please feel free to contact us by visiting the Contact page on our website: https://melissacobham.com/contact/.