Terms and Conditions
Welcome to joyabi.com. Your agreement to all the terms and conditions of this agreement ("Agreement") is required before You can use the joyabi.com. Website at joyabi.com ("Website"). Your agreement is also required before the operators of joyabi.com. will grant You authorized access to their computer databases to obtain or use copies of photographs, video, text or graphics ("Content") offered in, at or through the Website. If You do not agree to the terms and conditions, set forth below, You will not be authorized to access the servers hosting joyabi.com. or view, download or otherwise use any of the Content available in, at or through the Website.
IT IS VERY IMPORTANT THAT YOU COMPLETELY READ THIS AGREEMENT BECAUSE BY YOUR DOWNLOADING CONTENT FROM joyabi.com USING ANY OTHER SERVICES PROVIDED BY THE OWNERS OR OPERATORS OF THE WEBSITE, YOU WILL BE EXPRESSLY SIGNIFYING THAT YOU AGREE TO ALL THE FOLLOWING TERMS, CONDITIONS AND OTHER PROVISIONS, SET FORTH IN THIS AGREEMENT, INCLUDING IMPORTANT LIMITATIONS REGARDING "PROHIBITED LOCATIONS" FROM WHICH YOU MAY NOT ACCESS THE WEBSITE, OBTAIN COPIES OF CONTENT, OR USE ANY joyabi.com SERVICES.
Parties To This Agreement And Consideration
The parties to this Agreement ("Agreement") are You ("You", sometimes referred to as a “Subscriber" to the Website) and the owner of joyabi.com (“XELINTY LIMITED”). As used in this Agreement, the terms "we" and "us" are used interchangeably to refer to XELINTY LIMITED and its operators of the Website (sometimes referred to as joyabi.com). By further accessing the Website or materials available at or in association with the Website, and for other good and valuable consideration, the sufficiency of which is acknowledged by You and XELINTY LIMITED. You hereby agree to be bound by all the terms and conditions set forth in this Agreement.
- Subscriber data is for internal use only and will be treated confidential.
- All transactions are SSL encrypted.
- Subscriber's credit card will be billed immediately after purchase.
- After purchase Subscriber will receive an email notification including payment details. The contract is closed between customer and shop as soon as the order is submitted.
- All orders will be processed immediately.
- All questions will be answered within two working days.
- We recommend to print out the transaction data and Terms and Conditions and to keep them at an easily accessible place.
- Prohibited for people under legal age in their respective country.
- "Member" or "Membership," shall mean the subscriber or user of a valid username and password for the site during the term of membership.
- "joyabi.com" shall mean any of the companies billing the Subscriber including any additional billing companies used by joyabi.com or changes thereof.
- "Site" shall mean the website for which subscriber is purchasing a username and password in order to access the site and its materials and obtain the benefits of membership.
- "Subscriber" shall mean the user of the services of the site and holder of a valid username and password for the Site.
- "Access rights," shall mean the combination of a unique username and password that is used to access a site. An access rights is a license to use a Site for a period of time that is specified.
- "Bookmarking," shall mean a URL placed into a temporary file on the subscriber's browser so that the subscriber may return to that page at a future date without having to type in its username and password.
2. Description of Services
joyabi.com will provide one access right to access the Site and its materials for which Subscriber is purchasing a membership.
joyabi.com may appear on Subscriber's credit card, bank statement, or phone bill for all applicable charges. If multiple venues are joined utilizing any payment method, Subscriber's statement will list each individual purchase comprising the transaction. joyabi.com may include other information on Subscriber statement based on credit card association, telephone regulation, NACHA and any other mandated rules and regulations.
4. Payment / Fee
The Site may have periodic subscription fees at the time of the initial enrolment for subscription. The member is responsible for such fees according to the terms and conditions of such Site.
5. Automatic Recurring Billing
In accordance with the terms and conditions of the Site, subscription fees may be automatically renewed at or after the end of the original term selected, for a similar period of time and for a similar or lower amount, unless notice of cancellation is received from the Subscriber. From time to time we enroll our loyal customers in a loyalty program where the randomly chosen customers will be granted a discounted membership price on the next payment only. Unless and until this agreement is cancelled in accordance with the terms hereof, Subscriber hereby authorizes joyabi.com to charge Subscriber's chosen payment method to pay for the ongoing cost of membership. Subscriber hereby further authorizes joyabi.com to charge Subscriber's chosen payment method for any and all additional purchases of materials provided on the site.
6. Agreed upon Method of Communication
joyabi.com and the Subscriber agree that a transaction receipt will be provided via email to the Subscriber's address provided at the time of initial enrolment.
7. Electronic Receipt
Subscribers will receive an email receipt to their email provided upon initial subscription.
8. Grant Of Limited License; Cancellation
- You acknowledge and agree that all the materials available at or through the Website are proprietary and constitute valuable copyright, trademark and other intellectual property owned by or licensed to the Company. In consideration of Your representations, warranties and acknowledgments in this Agreement, and conditioned upon the truth of Your affirmation that You are an adult not located in a PROHIBITED AREA, and payment of all Membership Fees and other Fees You have agreed to pay, the Company hereby grants You a single user license to access its computer servers to use the Website for Your private and non-commercial entertainment and educational use and enjoyment only.
- Membership; CANCELLATION
- By signing up for a subscription or membership to the Website, accessing any the password protected area of the Website, using any "member's only" content available in at or through the Website, or by accepting these terms and conditions by any other legally recognizable means, You hereby acknowledge and agree that You will be irrevocably agreeing to all the terms, conditions, obligations, warranties, and other provisions set forth in this Agreement, including the authorization for and acceptance of full financial responsibility for all charges set forth in this Agreement.
- To terminate Your membership, Your subscription must be canceled at least 7 days prior to the end of the current term (or within Your trial period in the case of trial membership). Certain features are available to upgraded or converted members only.
- You agree that if You do not send the Company notice of cancellation of Your membership at least SEVEN (7) DAYS from the expiration of Your membership term (including any free or promotional membership terms), or within Your trial period in the case of trial membership the Company shall, with the full authorization You hereby provide, automatically and without further notice, renew Your membership to Website. You will receive an email from [email protected] 7 days before the end of Your trial period, confirming that, unless cancelled, Your membership will renew to the full subscription once the trial period has expired.
- All cancellations received by the Company at least SEVEN (7) DAYS from the expiration of Your membership will be effective upon receipt and The Company may, at any time and at its sole discretion and without cause or the providing of any reason, cancel any membership.
- You hereby acknowledge and agree that if You cancel Your membership, or if Your membership is cancelled by the Company, Your password will be removed from the system at the end of the then current membership period and that You will be entitled to receive the full benefits of Your membership until the end of such membership period. You shall not be entitled to any pro-rated or partial refund if You cancel Your membership before the end of the then current membership period for any reason.
- In order to cancel Your joyabi.com membership, please call us at +44 192 392 0600 or email us at [email protected]
Refunds for purchases or recurring charges may be requested by contacting customer support. Refunds or credits will not be issued for partially used Memberships. Cancellation for all future recurring billing may be requested in accordance with Section 8 - Cancellation. joyabi.com reserves the right to grant a refund or a credit applicable to purchases to the Site at its discretion. The decision to refund a charge does not imply the obligation to issue additional future refunds. Should a refund be issued by joyabi.com for any reason, it will be credited solely to the payment method used in the original transaction. joyabi.com will not issue refunds by cash, cheque, money transfer or other means of payment. The refund will be processed immediately by joyabi.com, but depending on the payment method used in the original transaction, depositing the funds may take 3-5 business days.
10. Cardholder Disputes/Chargebacks
All chargebacks are thoroughly investigated and may prevent future purchases with joyabi.com given the circumstances. Fraud claims may result in joyabi.com contacting Subscriber's issuer to protect Subscriber and prevent future fraudulent charges to Subscriber’s card.
11. Authorization of Use
Subscribers to the Site are hereby authorized a single access rights to access the service or material located at this website. This access rights shall be granted for sole use to one Subscriber. All memberships are provided for personal use and shall not be used for any commercial purposes or by any other third parties. Commercial use of either the Site or any material found within is strictly prohibited unless authorized by the website. No material within the Site may be transferred to any other person or entity, whether commercial or non-commercial. No material within the Site may be distributed through peer-to-peer networks or any other file sharing platforms. In addition, materials may not be modified, or altered. Materials may not be displayed publicly, or used for any rental, sale, or display. Materials shall extend to copyright, trademarks, or other proprietary notices there from. joyabi.com and the Site reserve the right to terminate this access rights at any time if the terms of this agreement are breached. In the case that the terms are breached, Subscriber will be required to immediately destroy any information or material printed, downloaded or otherwise copied from the site.
12. Transfer of Access Rights
Access to the Site is through a combination of a username and a password. Subscribers may not under any circumstances release their access rights to any other person, and are required to keep their access rights strictly confidential. joyabi.com will not release passwords for any reason, to anyone other than the Subscriber, except as may be specifically required by law or court order. Unauthorized access to the Site is a breach of this Agreement. Subscribers acknowledge that the owner of the Site may track through the use of special software each Subscriber's entry to the site. If any breach of security, theft or loss of access rights, or unauthorized disclosure of access rights information occurs, Subscriber must immediately notify joyabi.com or the Site of said security breach. Subscriber will remain liable for unauthorized use of service until joyabi.com or the site is notified of the security breach by e-mail or telephone.
13. Supplementary Terms and Conditions
The Site may have additional Terms and Conditions that are an integral part of their offering to the Subscriber, and are in addition to these Terms and Conditions. Such Terms and Conditions as listed at the site will in no way invalidate any of the Terms and Conditions listed here. This Agreement shall be construed and enforced in accordance with the Laws of “Cyprus” applicable to contracts negotiated, executed, and wholly performed within said Country. Disputes arising hereunder shall be settled in “Cyprus”.
If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
Notices by the site to Subscribers may be given by means of electronic messages through the site, by a general posting on the site, or by conventional mail. Notices by Subscribers may be given by electronic messages, conventional mail, telephone unless otherwise specified in the Agreement. All questions, complaints, or notices regarding the site must be directed to joyabi.com. All cancellations of service to a site must also be directed to joyabi.com. Questions and Contact Information All questions to joyabi.com regarding these terms and conditions must be directed to: +44 192 392 0600”.
USER UNDERSTANDS THAT joyabi.com CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. USER IS RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY SUBSCRIBER PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO THE SITE FOR THE RECONSTRUCTION OF ANY LOST DATA. joyabi.com DOES NOT ASSUME ANY RESPONSIBILITY OR RISK FOR SUBSCRIBER USE OF THE INTERNET. USERS USE OF THE SITE IS AT THEIR OWN RISK. THE CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. joyabi.com DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. joyabi.com DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. joyabi.com DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND joyabi.com MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. USER, AND NOT joyabi.com, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SITE OR ITS CONTENT. joyabi.com MAKES NO WARRANTIES THAT SUBSCRIBER USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT. joyabi.com DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE CONTENT'S APPROPRIATENESS OR AUTHORIZATION FOR USE IN ALL COUNTRIES, STATES, PROVINCES, COUNTY OR ANY OTHER JURISDICTIONS. IF SUBSCRIBER CHOOSES TO ACCESS THE SITE, SUBSCRIBER DOES SO ON SUBSCRIBER’S OWN INITIATIVE AND RISK AND IS RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS.
17. Subscription fees and user communication
The current membership rate which will appear on Subscriber credit card statement, will be debited from Subscriber’s account according to Subscriber’s choice of payment means. "OPT-IN AND USER COMMUNICATION" – Subscriber expressly and specifically acknowledges and agrees that his email address or other means of communicating with Subscriber may be used to send him offers, information or any other commercially oriented emails or other means of communications. More specifically, some offers may be presented to the Subscriber via email campaigns or other means of communications with the option to express the Subscriber's preference by either clicking or entering "accept" (alternatively "yes") or "decline" (alternatively "no"). By selecting or clicking the "accept" or "yes", the Subscriber indicates that the Subscriber "OPTS-IN" to that offer and thereby agrees and assents that the Subscriber's personal information, including its email address and data may be used for that matter or disclosed to third-parties.
18. Sponsors, Advertisers and Third Parties
The Site may provide links to sponsor, advertiser, or other third party websites that are not owned or controlled by joyabi.com. Inclusion of, linking to, or permitting the use or installation of any third party site, applications, software, content or advertising does not imply approval or endorsement thereof joyabi.com. joyabi.com has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third parties. By accessing or using the Site, You agree to release joyabi.com from any and all liability arising from Your use of any third-party website, content, service, or software accessed through the Site. Your communications or dealings with, or participation in promotions of, sponsors, advertisers, or other third parties found through the Site, are solely between You and such third parties. You agree that joyabi.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings with such sponsors, third parties or advertisers, or as the result of their presence in the Site.