UPDATED SEPTEMBER 13 2022
These terms and conditions ("Terms", "Agreement") are an agreement between SYNC (CYPRUS) LTD doing business as The Probooster ("Sync Cyprus LTD", "The Pro Booster", "theprobooster.com", "us", "we" or "our") and you ("User", "you" or "your"). This Agreement sets forth the general terms and conditions of your use of the Theprobooster.com website and any of its products or services (collectively, "Website" or "Services").
You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time.
Occasionally there may be information on the website that contains typographical errors, inaccuracies or omissions that may relate to availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the website or on any related service is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the website should be taken to indicate that all information on the website or on any related service has been modified or updated.
If you decide to enable, access or use third party services, be advised that your access and use of such other services are governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services. You irrevocably waive any claim against SYNC (CYPRUS) LTD with respect to such other services. SYNC (CYPRUS) LTD is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such other services, or your reliance on the privacy practices, data security processes or other policies of such other services. You may be required to register for or log into such other services on their respective websites. By enabling any other services, you are expressly permitting SYNC (CYPRUS) LTD to disclose your data as necessary to facilitate the use or enablement of such other service.
We offer a service uptime guarantee of 99% of available time per month. If we fail to maintain this service uptime guarantee in a particular month (as solely determined by us), you may contact us and request a credit off your service fee for that month. The credit may be used only for the purchase of further products and services from us, and is exclusive of any applicable taxes. The service uptime guarantee does not apply to service interruptions caused by: (1) periodic scheduled maintenance or repairs we may undertake from time to time; (2) interruptions caused by you or your activities; (3) outages that do not affect core service functionality; (4) causes beyond our control or that are not reasonably foreseeable; and (5) outages related to the reliability of certain programming environments.
Although SYNC (CYPRUS) LTD website may link to other websites, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website, unless specifically stated herein. Some of the links on the website may be "affiliate links". This means if you click on the link and purchase an item, SYNC (CYPRUS) LTD will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any website which you access through a link from this website. Your linking to any other off-site websites is at your own risk.
In addition to other terms as set forth in the agreement, you are prohibited from using the website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
"Intellectual Property Rights" means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by SYNC (CYPRUS) LTD or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with SYNC (CYPRUS) LTD All trademarks, service marks, graphics and logos used in connection with the website or services, are trademarks or registered trademarks of SYNC (CYPRUS) LTD or The Pro Booster licensors. Other trademarks, service marks, graphics and logos used in connection with the website or services may be the trademarks of other third parties. Your use of the website and services grants you no right or license to reproduce or otherwise use any SYNC (CYPRUS) LTD or third-party trademarks.
You agree that such service is provided on an "as is" and "as available" basis and that your use of our website or services is solely at your own risk. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the services will meet your requirements, or that the service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the service or as to the accuracy or reliability of any information obtained through the service or that defects in the service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of service is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the service or any transactions entered into through the service. No advice or information, whether oral or written, obtained by you from us or through the service shall create any warranty not expressly made herein.
To the fullest extent permitted by applicable law, in no event will SYNC (CYPRUS) LTD its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of SYNC (CYPRUS) LTD and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to SYNC (CYPRUS) LTD for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
You agree to indemnify and hold SYNC (CYPRUS) LTD and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your content, your use of the website or services or any willful misconduct on your part.
All rights and restrictions contained in this agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
The formation, interpretation, and performance of this agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of the United Arab Emirates without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of the United Arab Emirates. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in the United Arab Emirates, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third party as part of the sale of all or substantially all of its assets or stock or as part of a merger.
We reserve the right to modify this agreement or its policies relating to the website or services at any time, effective upon posting of an updated version of this agreement on the website. When we do, we will revise the updated date at the bottom of this page. Continued use of the website after any such changes shall constitute your consent to such changes.
You acknowledge that you have read this agreement and agree to all its terms and conditions. By using the website or its services you agree to be bound by this agreement. If you do not agree to abide by the terms of this agreement, you are not authorized to use or access the website and its services.
CONTACTING US
If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may do so via the contact form or send an email to [email protected], or by post to: SYNC (CYPRUS) LTD, Registration Number: HE410705, Address: 12 Griva Digeni, Alexandros Building, 4th Floor, Office 41, 6010, Larnaca, Cyprus.
TERMS OF USE
This document was last updated on September 13, 2022