Terms and Conditions
Last update: June 2021.
This Terms and Conditions of Use (“Terms and Conditions”, “Terms”) constitutes a legally binding agreement made between you (“user” or “you”, “your’) and Premium Ability Limited (“Company” or “we”, “us”, “our”), concerning your access to and use of the website obtainthegain.com (“Site”) as well as any other services, application related or connected thereto (collectively, the “Service”).
By using this Site, you are agreeing to these Terms. If you do not agree to these Terms, then you are not allowed to use this Site and should immediately terminate such usage.
- Access And Registration
For using our Site you could need to register user account with us (“Account”). You will be asked a series of questions during the registration process which you must answer honestly and fully. Please make sure that you keep any passwords safe and secure.
You are solely responsible for your interactions with other users. Company does not carry out any checks on any prospective users, so please take care what information you share with others.
You can add information to your profile during the registration process and modify this at any time. Please only use accurate and up to date information to complete your profile. Please, take care when sharing personal contact information through – any information you do share is entirely your responsibility.
- Subscription And Billing
We offer our users subscription packages for further access to features and areas within the Site. You may find detailed information regarding different packages and subscription plans (“Subscription”) in the relevant part of the Site. In general, we offer trial 1 to 3 days period option for (£1) and monthly renewal packages (£59.99).
Your Subscription to the Service will continue indefinitely on a monthly rolling basis, unless and until cancelled by you. You agree that your account will be subject to such automatic renewal.
If the first time you paid by credit card, we will continue to charge the same credit card when each Subscription period expires. 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.
Where Subscription changes in price, we will provide you with as much notice as we can, and you may cancel your Subscription at any time. By continuing to use the Service, you agree to any such price change.
- Cancellation And Termination
You may terminate your trial or monthly membership at any time, for any reason, by following the instructions in relevant part of the Site.
You may cancel your subscription with us in the following ways:
(i) by visiting the “My Account” section of the Website and following the relevant link to Remove Your Account; (ii) by submitting a Cancelation Subscription form; (iii) by contacting our Support with the respective request.
We will provide a refund in a maximum of 72 hours for any partial-month subscription periods or unused services. If you cancel your subscription, 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.
Company may terminate your Account at any time without notice if it believes that you are in breach of these Terms. In the event of such termination, you will not be entitled to any refund. After your Account is terminated, these Terms except those which are intended to survive termination, will expire.
As indicated above, we provide a refund in a maximum of 72 hours, for any partial-month subscription periods or unused services. If you cancel your subscription, you will have access to the services till the end of the Subscription period. No payments will be charged by us in the following months.
- User’s Obligations
Company takes the conduct of its users very seriously. By using the Services, you agree that you will not:
- Use the Service for any illegal purpose;
- Use the Service in a way which is prohibited by these Terms;
- Request money from or defraud any other users;
- Impersonate any person or post any images of another person without his or her permission;
- Post content to intentionally intimidate, annoy, threaten or harass any person post any content that violates or infringes any third party’s rights, including any intellectual property rights;
- Post content which is inaccurate or misleading;
- Use the Service to send spam, junk or chain mail, or to advertise or promote commercial endeavours;
- Post any content that is threatening, sexually explicit or pornographic, incites violence or contains violence;
- Post any content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- Reveal another person’s personal information without his or her permission.
- Use another user’s Account;
- Create another account if we have already terminated your account, unless you have our permission;
- Register for more than one account;
- Post, copy, modify, disclose or distribute any confidential information, any content which is subject to third party rights without first obtaining the approval of that third party (eg. a professional photograph).
By registering on Site, you represent and warrant that you are at least 18 years old. Registration on Site is void where prohibited. By using Site, you represent and warrant that you have the right, authority, and capacity to enter into these Terms and to abide by all of the Terms. You may not authorize others to use your Account, and you may not assign or otherwise transfer your Account to any other person or entity.
You agree to compensate Company for any claim or damages (including any legal fees in relation to such claim or damages) demanded by a third party in respect of any matter relating to or arising from any breach or suspected breach by you of these Terms or the rights of a third party.
- Content. External Site Links
You may submit suggestions, ideas, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”. You may not use a false email address or give any form of misleading information as to the content’s origin. We reserve the right to remove any such content. We are neither responsible nor liable for any content posted by you or a third party.
All emails, content posted, and any submitted material sent to the email addresses of Company become the property of Company. You agree that anything sent to us by you is something to which you own the rights, and that you grant us the rights to use such information.
If parties other than Company offer productsor services on our Site, we provide links to those sites; however, we are not responsible for examining or evaluating those sites, and we do not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. Links to third-party sites do not imply Company’s sponsorship or endorsement of those sites or products. Your use of such sites is at your own risk, and you should carefully review their privacy policies and other terms and conditions of use.
The Service is provided on an “as is” basis and Company grant no warranties of any kind (whether express, implied, statutory or otherwise) with respect to the service Company does not represent or warant that (a) the Service will be uninterrupted, secure or error free, (b) any defects or errors in the Service will be corrected, or (c) that any content or information you obtain on or through the services will be accurate.
Company does not carry out any checks on any of its users and gives no warranty that any information relating to any of its users is accurate.
You are solely responsible for any content that you post, send or receive through the Service.
You are also solely responsible for taking all appropriate safety precautions in connection with your use of the Service and in communicating with other users.
Please report any behaviour you encounter which is in breach of these Terms to [email protected] dating including any behaviour which may be harmful, threatening, harassing or unlawful.
- Intellectual Property
Company is the owner or the licensee of all intellectual property rights in the Site, and in the material published on it. Those works are protected by copyright laws around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from the Site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text
You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of our site in breach of these Terms, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. We reserve the right to pursue legal action against anyone who violates these Terms.
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site.
Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
- Disclaimer and Limitation of Liability
We make no representations or warranties of any kind or nature with respect to the information or content posted on this Site. To the maximum extent permissible by applicable law, we hereby disclaim all representations and warranties, whether express or implied, created by law, contract or otherwise, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title or non-infringement. In no event shall we be liable for any damages of any kind or nature, including, without limitation, direct, indirect, special (including loss of profit) consequential or incidental damages arising from or in connection with the existence or use of this Site and/or the information or content posted on this Site, regardless of whether we have been advised as to the possibility of such damages.
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 shall the Company, or its subsidiaries, affiliates, vendors, or their respective directors, employees or agents be liable for any damages of any kind, under any legal theory, arising out of or in connection with your use of, or inability to use, this Site, the site content, any materials, products or services provided on or through this Site or any linked site, including any special, direct, indirect, punitive, incidental, exemplary or consequential damages, including, but not limited to, personal injury, lost profits or damages resulting from delay, interruption in service, viruses, deletion of files or electronic communications, or errors, omissions or other inaccuracies in this Site or the contents, whether or not there is negligence by the Company and whether or not the Company has been advised of the possibility of any such damages.
We shall not be liable to you or any third party(s) for any loss or damage that is caused by or arises from or in connection with any suspensions or terminations of the Site or Services (including, without limitation and by way of example only, refunds, lost profits, lost opportunities, monetary damages, disruption in or loss of service or loss of content).
Compliance and awareness of these Terms of all persons who use your internet connection to access our Site is your responsibility.
The laws of certain jurisdictions do not allow the exclusion or limitation of legal warranties and the exclusion or limitation of representations made concerning goods or services, so some or all of the exclusions or limitations in this provision may not apply to you.
This disclaimer and limitation of liability constitute an essential part of these Terms.
The above disclaimers and limitation of liability shall survive the termination of these Terms or your right to use this Site.
You agree, to the extent permitted under applicable law, to indemnify Company, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, loses, costs, liabilities and expenses, including legal expenses, due to, arising out of, or relating in any way to your use of the Services, any content that you post, or your breach of these Terms.
Entire Agreement. These Terms contain the entire agreement between you and Company regarding the use of the Service. If any provision of these Terms are held invalid, the remainder of the Terms shall continue in full force and effect. Any failure by Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
Severability. If any provision of these Terms is deemed invalid or unenforceable by a court of law or arbitrator (as applicable) with binding authority, then the remaining provisions shall not be affected, and the said court of law shall reform the invalidated or unenforceable term or condition to the maximum extent permitted under the law and consistent with the intent of these Terms.
Governing Law. Your use of this Site and any dispute arising out of such use of the Site is subject to the laws of United Kingdom. You and we both agree that the courts of United Kingdom will have exclusive jurisdiction.
Amendments. We may supplement, amend or otherwise modify these Terms at any time. Such modifications will be posted on this or a similar page of the Site, or sent to you by e-mail, as applicable. Your continuing visit, access, registration or use of the Site reaffirms your acceptance and agreement in each instance.
- Contact Information
If you have any questions about these Terms and Condition, please contact us:
Premium Ability Limited
Office A, The Vision Centre, Eastern Way, Bury St Edmunds, Suffolk, IP32 7AB
Registred under 13165815.