Terms & Conditions
Last updated: November 19, 2024
ACCEPTANCE OF TERMS
This is a website of Auth Consulting Limited T/A Shinka (“Shinka”). Use by you of this website and any other websites operated by Shinka, together with all associated servers (“Servers”) and all of the functions on or in or available from this website or any other Shinka site or the Servers (including, without limitation all chat forums, bulletin boards or other forms of communication) is subject to the following terms and conditions (“Terms and Conditions”) and any other terms and conditions contained on, in or available through a Shinka site.
CONTENT
The copyright in the material contained on, in, or available through this website or any other Shinka site or server excluding the Content (as defined in paragraph 3) but including all other information, data, text, music, sound, photographs, graphics, video messages or other materials and the selection and arrangement thereof, and all source code, software compilations and other material (“Material”) is owned by or licensed to Shinka. All rights are reserved. You do not have any right, interest or title in or to the Material unless otherwise expressly indicated. The trademarks, service marks, and logos (“Trade Marks”) contained on or in this website or any other Shinka site or server are registered and owned by or licensed to Shinka. Save as expressly stated, you do not have any right to use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the Trade Marks without the prior written consent of Shinka. You are permitted to print or download extracts of the material for your personal use only provided that each copy contains a notice that the material is owned by or licensed to Shinka. None of the material may be used for any commercial or public use. Save as expressly stated or as necessary to view, print or download extracts of the material for personal use, none of the material may be copied, edited, varied, reproduced, published, displayed, distributed, stored, transmitted, commercially exploited or disseminated in any form whatsoever without the prior written consent of Shinka.
THIRD PARTY PRODUCTS AND SERVICES
This website and other Shinka sites or servers may feature products and services of third parties (“Products and Services”) or contain links to websites operated by third parties (“Third Party Websites”). Shinka does not have any influence or control over any such products or services or any Third Party Website. Unless otherwise stated, Shinka is not responsible for and does not endorse any Products or Services or any Third Party Website, or its availability or contents. Shinka is not responsible for any agreement or understanding you enter into with a third party through a Third Party Website and/or in relation to any Products or Services.
PRIVACY POLICY
If you provide information to Shinka on or through this Website or any other Shinka Site or Server, Shinka will use it in accordance with the terms of its privacy policy. That privacy policy forms part of these Terms and Conditions and by using this Website or any other Shinka Site or Server you acknowledge and agree that you have read and accept the terms of that privacy policy.
DISCLAIMER AND LIABILITY
This Website, any other Shinka Site or Server and their facilities, Third Party Websites, links to the Third Party Websites, and any Material and Content are provided on an ‘asis’ and ‘as available’ basis and use is at your own risk. To the maximum extent permitted by law: (a) Shinka disclaims all liability whatsoever, whether arising in contract, tort (including negligence) or otherwise in relation to this Website, any other Shinka Site or Server, Third Party Websites, links to Third Party Websites, Material and Content; and (b) all implied warranties, terms and conditions relating to this Website, any other Shinka Site or Server, Third Party Websites, links to Third Party Websites, Material and Content (whether implied by statute, common law or otherwise), including (without limitation) any warranty, term or condition as to accuracy, completeness, satisfactory quality, performance, merchantability, fitness for purpose or any special purpose, noninfringement and title are, as between Shinka and you, hereby excluded. Shinka makes no representation or warranty that this Website, any other Shinka Site or Server, and/or any Third Party Websites will be continuous, uninterrupted, secure or error free. Shinka will not be liable, in contract, tort (including, without limitation, negligence), under statute or otherwise, as a result of or in connection with this Website, any other Shinka Site or Server, any Third Party Websites, links to Third Party Websites, the Material, Content, Downloads or any products or services offered on or through this Website or any other Shinka Site or Server or Third Party Website, whether by Shinka or on its behalf, for any: (a) economic loss (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or (b) loss of goodwill or reputation; or (c) special or indirect or consequential loss. If Shinka is liable to you directly or indirectly in relation to this Website, any other Shinka Site or Server, any Third Party Websites, links to Third Party Websites, the Material, Content, Downloads or any products or services offered on or through this Website or any other Shinka Site or Server or Third Party Website, that liability (howsoever arising) shall be limited to the sums paid by you in consideration for Shinka granting you membership to this Website or any other Shinka site. Nothing in these Terms and Conditions shall be construed as excluding or limiting the liability of Shinka or its group companies for death or personal injury caused by its negligence or for any other liability which cannot be excluded by English law.
This Website is controlled and operated by Auth Consulting Limited T/A Shinka from its offices in the United Arab Emirates. Shinka makes no representation that material contained on this Website is appropriate or available for use in other locations. Those who choose to access this Website or any Shinka Site from other locations do so on their own initiative and are responsible for compliance with local laws if and to the extent local laws are applicable. Some jurisdictions do not allow the exclusion of implied warranties or limitation on applicable statutory rights of a consumer, so the exclusions and limitations in this section 7 may not apply to you in whole or part.
GENERAL
These Terms and Conditions (as amended from time to time) constitute the entire agreement between you and Shinka concerning your use of this Website or any other Shinka Site or Server and supersede any previous arrangement, agreement, undertaking or proposal, written or oral between you and Shinka in relation to such matters.Shinka reserves the right to update these Terms and Conditions from time to time. If it does so, the updated version will be effective as soon as it is uploaded on to this Website. No other variation to these Terms and Conditions shall be effective unless in writing and signed by an authorised representative on behalf of Shinka. These Terms and Conditions shall be governed by and construed in accordance with UAE law and you agree, for the benefit of Shinka , to submit to the exclusive jurisdiction of the UAE Courts. If any provision(s) of these Terms and Conditions is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties and all other provisions shall remain in full force and effect. Shinka failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Shinka in writing. Unless otherwise expressly stated, nothing in the Terms and Conditions shall create any rights or any other benefits.
ACCESS RESTRICTION
Shinka reserves the right in its sole discretion to deny you access to this Website or any other Shinka Site or Server, or any portion thereof, without notice and for any reason including, without limitation, if you fail to comply with any clause 5 (Member Conduct) or any other provision of these Terms and Conditions. In particular, Shinka may deny you access to this Website or any other Shinka Site or Server if Shinka exercises its right to lock any discussion topic to prevent further discussion, following submission of Content relating to that topic by you.