All the users of the CELEBISH APPLICATION and the WEBSITE should carefully read the entire contents of this terms and conditions of the service as it contains important information which relates to your legal rights ad obligations. By accessing and/or using the APPLICATION/WEBSITE, you expressly agree to be legally bound by this terms and conditions of the service. This terms and conditions of the service constitutes a legally binding agreement between you & The Celebish Pvt. Limited in relation to the APPLICATION AND WEBSITE including any Subdomains and any other third party websites through which The Celebish Pvt. Limited makes available its products and services, whether directly or indirectly. In this document the following terms and expressions will have the following meaning, unless there is something in the subject matter or the context inconsistent therewith, :-
Cookies are tiny files, which contain slivers of data and information, which may or may not include, an anonymous unique identifier in relation to whom the cookie is directed. It is a tiny file of text that a website transfers and stores on your device with the purpose of tracking your movements within the website and your interaction with the various components and features of the website. These files facilitate to improve and enhance the user’s website experience and record their preferences. Cookies do not seek to control the devices on which they are stored and nor are they damaging and nor do they extract your personal information from your device. The cookie will reside on your device(s) until they expire or are deleted.
The video ordered by and paid for by the Registered using the The Celebish App and/or the The Celebish Website and which video is made for the Registered User by the Star selected by the Registered User from the roster of Stars making available their services to create personalized videos addressing the Registered User.
REGISTERED USER" OR "YOU
The person or legal entity who downloads and installs the The Celebish App on their device(s) and registers an account on the The Celebish App for the purpose of using the Service and/or the person or legal entity who creates a user account on the The Celebish Website.
The process of the Registered User using the The Celebish App and/or the The Celebish Website to book and purchase personalized videos from Stars and Celebrities for themselves or for other persons nominated by the Registered Users and the receiving of the purchased personalized videos from the Stars and Celebrities.
STAR" OR "STARS
Persons who have achieved public stature and a following of fans, supporters and well-wishers in various fields and forums, including but limited to actors, singers, musicians, influencers in various fields who have joined the The Celebish roster of Stars and Celebrities for the purpose of creating personalized videos for their fans, supporters and well-wishers subjected to the terms and conditions of this Terms of Service.
THE CELEBISH" OR "OPERATOR" "OR "US" OR "WE
The Celebish FZ-LLC (Company No. 96916), a corporation incorporated under the laws of the PAKISTAN.
THE CELEBISH APP" OR "APP
Mobile phone application owned and developed by The Celebish together with any ancillary and other services, which the Registered User can download from the Apple App Store or the Google Play Store.
THE CELEBISH WEBSITE
http://www.theCelebish.io, which is owned, developed and operated by The Celebish.
Data relating to the accessing and usage of the The Celebish App and/or the The Celebish Website developed and modeled from raw data gathered from and as a result of the activities of Registered Users and Temporary Users through their use of the The Celebish App and/or the The Celebish Website.
All users of the Service including Registered Users and Temporary Users.
Intellectual Property and Copyright
The entire content of the The Celebish App and the The Celebish Website is the intellectual property and copyright of The Celebish who without exception reserves all rights to its intellectual property and copyright in every respect and in all mediums and channels of distribution, publication, social media and sharing. No party is authorised or entitled to exploit commercially the content, or any part thereof, under any circumstances for any reason whatsoever. Any copying, reproduction, redistribution, sharing and/or transmission without the prior written consent of The Celebish are strictly prohibited.
Relationship between The Celebish and The Registered User
For avoidance of doubt, it is expressly stated that The Celebish shall at all times be an independent service provider to the Registered User and nothing shall indicate, expressly or impliedly, that The Celebish is an agent and/or employee of the Registered User or in any way connected to the Registered User.
Acceptance of the Terms of Services by the Registered User
All visitors to the The Celebish Website must read the Terms Of Service set out herein before using any part of the The Celebish Website. If you have any issue with any provision set out herein and/or you do not wish to be bound by any of the terms and conditions, you must stop using the The Celebish Website immediately and leave. By downloading the The Celebish App and installing it on his/her/its device, the Registered User expressly and irrevocably without reservation accepts all the terms and conditions for the Service, the The Celebish App and the The Celebish Website set out herein.
Refusal of Use
The provision of the Service and use of the The Celebish App and the The Celebish Website shall at all times be at the sole and absolute discretion of The Celebish and The Celebish shall at all times be at liberty without restraint or encumbrance to refuse use of the Service, the The Celebish App and/or the The Celebish Website to any person or legal entity without giving an explanation for such refusal. Such right of refusal on the part of The Celebish may be exercised before or after the Registered User places an order through the The Celebish App and or The Celebish Website. In the event the refusal of service is after the placement of an order by the Registered User, The Celebish shall give the Registered User a refund provided always that the order has not already been awarded to the Star. The giving of such refund on the part of the Registered User shall be an act of courtesy and good customer service and shall not be interpreted in any way whatsoever as an admission of fault, responsibility and/or guilt for any purpose whatsoever.
Use of the The Celebish App, the The Celebish Website and the Service is strictly restricted to persons over the age of 13 and who are capable of entering into a legal agreement in their country of residence. By using the The Celebish App, the The Celebish Website and the Service, you expressly warrant and undertake to The Celebish that you have the capacity and authority to enter into an Agreement with The Celebish for the use of the The Celebish App, the The Celebish Website and the Service.
Download the Celebish APP and Registration
The use of the Service is conditional on downloading of the The Celebish App by the Registered User from the Apple App Sore or the Google Play Store and the registration thereof. The Registered User must use their personal email to complete the registration process. In creating the account, the Registered User represents, undertakes and warrants to The Celebish that they are not barred from receiving the Service in his/her/its jurisdiction and that the information provided for the creation of the account is true and correct. On the The Celebish Website, the Registered User may use either their Facebook or Google account to complete the registration process or they may use their personal email. In either case, the Registered User represents, undertakes and warrants to The Celebish that they are not barred to receiving the Service in his/her/its jurisdiction and that the information provided for the creation of the account is true and correct. If the Registered User uses their Facebook or Google account to complete the registration process, the Registered User expressly and irrevocably authorises The Celebish to access certain information in the Registered User’s Facebook and Google accounts for the purpose of verifying the Registered User’s identity. In creating his/her/its account, the Registered User shall not use a username that may reasonably be expected to cause offence to others and they shall use any username, which have profane, racial, sexual or other socially unacceptable references. Notwithstanding that the The Celebish App and/or the The Celebish Website may accept the username submitted by the Registered User at the time of Registration, The Celebish reserves the right at its sole and absolute discretion to the cancel the Registered User’s account name or amend it to an acceptable form. In either event, the Registered User will be informed of the change in the username by way of an email. The Operator at all times reserves in its sole and absolute discretion the right to terminate or suspend the Registered User’s account if any of the information provided to The Celebish by the Registered User is found to be misleading, incorrect or false. The Celebish may take such action it sees fit at any time without giving notice to the Registered User and/or without any reference to the Registered User. The Registered User shall at all times be responsible for any activity that occurs in or through his /her/its account and shall be responsible for its security. The Registered User shall not at any time and for any reason share his/her/its account with any other person or legal entity and shall keep the Username and the password private. In the event the password is lost, or stolen or has been disclosed to a third party, whether consciously or inadvertently, the Registered User undertakes to inform The Celebish of the breach of security of his/her/its account.
The Celebish operates the The Celebish App and the The Celebish Website for the purpose of allowing a Registered User to book and purchase personalized videos from their favourite Stars from the roster of Stars on display on the The Celebish App and the The Celebish Website. On completion of the registration process, the Registered User can use the The Celebish App and/or the The Celebish Website to book and pay for the personalized videos from the Stars.
All payments by Registered Users are processed by_______________________________. As such, The Celebish does not ask for or collect any information regarding your credit card or other financial details. Should any party approach you requesting for such details on behalf of The Celebish you should decline to do so and immediately inform The Celebish of such an approach. The Celebish shall not be responsible for any loss you may incur as a result of disclosing your financial information to such an unauthorized person(s). The Registered User warrants and undertakes to The Celebish that the Registered User is the legal owner of all credit cards, charge cards, debit cards or other payments registered with Checkout.com or has proper legal authority to make use of such payment methods. The Registered User hereby undertakes to keep all information registered with Checkout.com current and updated at all times. Any and all service fee(s) and charge(s) made by Checkout.com are solely for the account of the Registered User and must be paid by him/her/it in full and all such fee(s) and charge(s) shall not be in any way be refundable or repayable by The Celebish in any way whatsoever and the Registered User shall have no claim on The Celebish in respect of such fee(s) and charge(s). From time to time, The Celebish may make special promotions and offers which are payable by SMS Charges. Should a Registered User accept any such offer the payment for such purchase(s) shall be made through SMS Charges through your mobile phone account and will be charged to you by your mobile service provider and will appear on your next scheduled statement. Any such purchases by the Registered User shall be final and absolutely non-refundable. Pakistani Rupee is the default currency used by _____________and The Celebish. All rates of exchange used by _______________are controlled solely by _______________and The Celebish has no input in the fixing of such rates. If paying in a currency other than United States Dollars, the Registered User should inform themselves of the prevailing rates of exchange prior to confirming their orders. The Celebish at all times retains the absolute discretion to change the default currency of the Service, the The Celebish App and the The Celebish Website without giving prior notice of such change. All prices displayed by The Celebish and quoted by Stars for the creation of Personalized Videos are inclusive Value Added Tax at the rate prevailing in the PAKISTAN from time to time. The Celebish shall not be responsible for the collection and/or payment of taxes of any nature in any jurisdiction other than the PAKISTAN with the exception of any obligations that may arise on The Celebish from the fact that the PAKISTAN is a signatory to the Common VAT Agreement of the States of the Gulf Cooperation Council (GCC).
Refunds for Unfilled Orders
If for any reason, The Celebish is unable to fill the Registered User’s request for a Personalized Video from a particular Star within seven (15) days of the payment for the order being received, The Celebish will make a full refund of the amount it has received in respect of the unfilled order and the Registered User expressly agrees that this amount shall be the limit of its liability in respect of the unfilled order. Except for Apple App Store purchases, if for any reason, The Celebish is unable to fill the Registered User’s request for a Personalized Video from a particular Star within seven (15) days of the payment for the order being received, The Celebish will make a full refund of the amount it has received in respect of the unfilled order and the Registered User expressly agrees that this amount shall be the limit of its liability in respect of the unfilled order. For all purchases through the Apple App Store Registered Users will be entitled to receive a credit to their The Celebish account and will not be entitled to a full refund. The credit balance received to your The Celebish account may only be used to make purchasers of other items offered by The Celebish on the Apple App Store. The credit is non-transferable and cannot be refunded and must be used for purchased through your The Celebish account. The credit balances will be applied for any such purposes until the credit is used up before any additional charges are made to your account in respect of your new purchases. Registered Users should note that the Apple App Store only supports local currency transactions in a limited number of countries. By using the Apple App Store, you undertake and warrant to The Celebish that you are resident in a jurisdiction that support transactions in local currency. If you do live in a non-supporting jurisdiction, your purchase will not be allowed. If for any reason the purchase is allowed, The Celebish at all times reserves the right to cancel such purchase and no refund will be issued to the purchaser. Registered User using the Apple App Store expressly agree that the purchase amount shall be the limit of The Celebish’s liability in respect of the unfilled order.
License to Use the Service
Subject to the terms and conditions set our herein, The Celebish hereby grants the Registered User a license to use the Service, the The Celebish App and the The Celebish Website. The license granted by The Celebish to the Registered User is non-exclusive and limited in nature and is personal and shall not in any circumstances be transferable in any way. The Registered User shall not use the Service, the The Celebish App and the The Celebish Website for any commercial use, sexual or racial harassment, bullying, immoral use, illegal use (in any jurisdiction), conspiracy to commit crimes and/or acts of terrorism, gambling or any other use The Celebish shall in its absolute discretion deem to be nefarious, obnoxious or objectionable or which could render The Celebish in danger of criminal and or civil liability in any jurisdiction and/or which could damage the reputation of The Celebish or its commercial and economic viability. The Registered User shall not do the following:-
- Reverse engineer, disassemble or decompile or derive the source code of the The Celebish App or otherwise attempt to use any of its features to create a clone of or a product similar to the The Celebish App;
- Shall not cause any viruses, worms, malware, spyware or other items of such to be loaded on The Celebish’s servers, the The Celebish App and/or the The Celebish Website or to otherwise cause disruption to the normal operations of The Celebish and its assets;
- Use any mean whatsoever to make the features of the The Celebish App available to multiple users whether simultaneously or otherwise;
- Shall not use the The Celebish App and/or the The Celebish Website to send unwanted messages to the Stars or otherwise communicate with them directly or any other User(s) of the The Celebish App and/or the The Celebish Website;
- Copy, distribute, rent, sub-license, lease, rent, sell or otherwise deal in the The Celebish App for profit or otherwise; and
- Access or attempt to access the The Celebish App and/or the The Celebish Website by means of automated, unethical, unconventional or illegal means, including but not limited to hacking.
Term of License and Termination
The term of the License commences at the time the Registered User completes the registration of an account on the The Celebish App and/or The Celebish App and the License shall continue until such time that the Registered User shall terminate his/her/its account of his/her/its own volition or the account of the Registered User ( and the attached License) is terminated by The Celebish in its absolute discretion. The Celebish may at any time and at its absolute and sole discretion terminate or suspend the Registered User’s account if in the opinion of The Celebish the Registered User has breached any term of this TOS and/or whose conduct has brought disrepute to The Celebish or has in any way harmed the business and/or the goodwill of The Celebish and The Celebish shall be under no obligation whatsoever to provide the Registered User with an explanation for such termination and/or suspension but may do so as a matter of courtesy. The termination and/or cancellation shall be effective immediately on sending notice of its decision to the Registered User at the last provided email address by the Registered User. Upon such termination and/or suspension, The Celebish shall be at liberty to recover from the Registered User damages in respect of any conduct and/or actions by the Registered User leading to the termination and/or suspension. On termination of the account of the Registered User, any information, images, videos or other content of whatever nature shall no longer be accessible to the Registered User in any way and The Celebish shall not be liable to the Registered User in any way whatsoever for the inaccessibility and/or loss of all such information. On termination of the account, the Registered User hereby expressly agrees to remove the The Celebish App from all his/her/its devices and the Registered User shall not register or attempt to register for another account, whether on the The Celebish App and/or the The Celebish Website.
The Service, the The Celebish App and the The Celebish Website are the sole and exclusive property of The Celebish, inclusive but not limited to the copyright and the intellectual property therein, and the use of the Service, the The Celebish App and the The Celebish Website shall not grant in any way any property and/ or ownership rights in the aforesaid or any part thereof.
Ownership of Personalized Videos
Ownership of all Personalized Videos rests with the Star creating it. While the Star retains the ownership right to the Personalized Videos, the Star shall not be entitled to receive any payment in respect of the Personalized Videos created by the Star from The Celebish and/or the Registered User other than the payment made by the Registered User for the creation of the Personalized Videos. In particular but not limited to, the Star shall not be entitled in any way whatsoever and/or under any circumstances to any license fees, image right fees, royalties or other payments of whatever nature form either The Celebish and/or the Registered User. Notwithstanding that ownership of the Personalized Videos rests with the Star, the Star and the Registered User, severally and jointly, hereby grant to The Celebish the following in consideration for and as a condition precedent to the provision of the Service to the Registered User and the introduction of the Registered User to the Star for the making of the Personalized Video and the payment by the Registered User to the Star for the creation of the Personalized Video:
- To grant to The Celebish expressly and irrevocably all unrestricted worldwide commercial and/or non-commercial rights of whatever nature in relation to the Personalized Videos without exception in perpetuity and that such grant shall be on an exclusive, royalty-free, license fee free, fully paid basis and that such grant shall extend to any and all forms of media (as commonly defined), including but not limited to social media platforms (as commonly defined), whether in existence today or which may be invented and/or created from time to time and The Celebish shall be entitled to use the Personalized Videos in any and whatsoever manner it sees fit in its sole and absolute discretion whether such usage or channel and/or mode and/or form of usage is mentioned, expressly of impliedly, or not in this TOS and whether such usage is directly by The Celebish or indirectly through agents, licensees or any other third party on whatever terms and conditions as The Celebish shall see fit and for whatever duration of time as The Celebish may determine in its sole and absolute discretion;
- To grant to The Celebish the right to license and sub-license on a multi-tier basis or otherwise on an exclusive or non-exclusive basis the Personalized Video, in whole or in part, and such license may be granted by The Celebish on a profit or non-profit basis and the The Celebish may see fit;
- To grant to The Celebish the right to use the entire content of the Personalized Video, including but not limited to, the entire script, in any manner it sees fit in its sole and absolute discretion.
- Own the rights, direct and indirect, to use all materials, including but not limited to words, music, scenery, backdrops, props and the like, in the creation of the Personalized Videos; or
- That you have the right to use such materials, whether mentioned expressly in a) above or not, including in respect of any third parties who contributed, directly or indirectly, to the creation of the Personalized Videos.
- You have not used any material and/or information which may be considered confidential and/or proprietary or otherwise subject to copyright and/or the usage of which is subject to the permission, express or implied, of any person and/or entity.
Permitted Use of Personalized Videos
Notwithstanding that the Registered User pays for the Personalized Video from the Stars, the Registered User only acquires a limited revocable license to the Personalized Video. All ownership rights to the video are retained by the Star. In particular but limited to, the Registered User acquires no commercial and/or promotional rights in respect of the Personalized Videos. The Registered User may shall not in any way sell, transfer, create right over, lease, rent, hire, loan, reproduce, modify, publish or otherwise deal in the Personalized Video, in whole or in part thereof. The Registered User may not in any way use the Personalized Videos for any activities, for profit or otherwise, involving advertising, marketing, commercials, mass mailings or television. The principle uses for which the Registered User may use the personalized Video are:
- Sharing with family and friends in any non-commercial forum, including but not limited to a non-commercial website or webpage provided that no charge or fee is levied for the watching of the Personalized Video and/or no advertising or marketing material is associated with such viewing;
- Posting on a non-commercial third party website that allows for the posting of such Personalized Videos on a non-commercial and non-profit basis and provided that no charge or fee is levied for the watching of the Personalized Video and/or no advertising or marketing material is associated with such viewing;
- For posting on any social media platform current or future provided always that the viewing of the Personalized Video is not subject to payment of any kind.
Responsibility for Account
The Registered User shall be absolutely and completely and without reservation be responsible for the entire contents of his/her/its account on the The Celebish App and/or The Celebish Website. Notwithstanding the acceptance of such responsibility by the Registered User for the contents of his/her/its account, the Registered User shall not create any content which, (whether directed at a person, group of persons, a community or a religion):-
- The Registered User knows or believes are untrue, inaccurate false, malicious, libelous or slanderous;
- Are racist, bigoted, sexually discriminating, sexual in nature and harassing;
- Are obscene, profane, offensive;
- May incite hatred of any kind;
- Is illegal or which promote illegal acts to be committed;
- Are in any way linked or aligned to or with any terrorist group or groups or in any way incite or promote acts of terrorism and/or violence however defined;
- Could lead to the exploitation of any person under the age of 18 for any purposes, including, but not limited to, those of a sexual and/or economic nature;
- Relate to a ponzi scheme, pyramid or other investment scheme, chain letter, unsolicited mailing;
- Infringe or violate the rights of any third party, directly or indirectly, including but not limited to, rights to copyright or intellectual property and rights to privacy;
- Contain instructions of any kind which may result in the commissioning of acts of violence, terrorism or the releasing of computer viruses; and
- Solicit passwords and other security access information
Warranties and Representations of the Registered User
The Registered User hereby warrants to the Celebish as follows:
- That The Celebish will not be required to pay any royalties in respect of any of the Registered User’s content and will not need to seek any licenses, approvals or consents from any party in respect of the contents;
- That the contents do not contain any of the information prohibited in Clause 15 hereof ;
- The contents of the Registered User do not infringe any third party rights, their intellectual property or their right to privacy; and
- The content of the Registered User conforms and complies with all the laws of the Registered User’s jurisdiction.
Communications from the Celebish
The Registered User expressly and irrevocably agrees to receive communications in any form whatsoever from The Celebish in relation to the Service, the The Celebish App and the The Celebish Website, the Registered User’s orders, offers, promotions and marketing materials from The Celebish. The Registered User may opt out of receiving marketing material at any time by giving written notice to The Celebish by way of an email directed to ______________________Your email should give details of the email address you wish to have removed from our database and should state clearly that you are the registered owner of the email address in question.
Security of the Celebish App and the Celebish Website and Risk
The Celebish does not in any way, expressly or otherwise, guarantee the security of the The Celebish App or the The Celebish Website to the Registered User and does not undertake or warrant to the Registered User that his/her/its account will not be accessed by a third party and the Registered User shall at all times be responsible for the security of his/her/its information and bear the risk associated with such information being accessed by a third party.
The Registered User hereby agrees unconditionally and irrevocably to indemnify and hold harmless The Celebish, its successors and assigns, and its directors, shareholders, officers and employees from and against any and all actions brought by any third party and any arising losses, liabilities, costs and other expenses of whatever nature, including but not limited to, attorney fees, where such action arises from:
- The activities of the Registered User on the The Celebish App and/or the The Celebish Website;
- A violation by the Registered User of any terms of the License granted by The Celebish;
- Any content or material transmitted by the Registered User through the Service in violation of any laws and/or regulation or infringes the rights of any third party or their right to privacy; and/or
- A breach of any of the terms and conditions of any third party website to which the Registered User is redirected to through a link provided by The Celebish.
Verification and Checks
The Celebish reserves the right to undertake any actions, consultations it deems appropriate or necessary at its absolute discretion for the purpose of checking and verifying the identity of the Registered User and/or the information provided by the Registered User and such checks may include checking into any criminal background or search of various registers and the Registered User hereby expressly agrees to The Celebish taking such steps it deems appropriate for checks and verification at its absolute discretion.
DISCLAIMER - "WHERE IS", "AS IS " AND "AS AVAILABLE"
The Celebish provides the Service, the The Celebish App and the The Celebish Website on a “Where Is”, “As Is ” And “As Available” basis and the principle of ‘Caveat Emptor’ shall apply in every respect in relation to the entire content of the The Celebish App and the The Celebish Website and this TOS. The Registered User uses the Service, the The Celebish App and the The Celebish Website entirely at his/her/its own risk and The Celebish expressly disclaims any and all warranties and representation of any kind, express or implied, including but not limited, any implied warranty or representation as to merchantability, fitness for purpose or any other warranty or representation that may arise through the operation of any law in any jurisdiction and expressly denies any warranties and/or representation in respect of but not limited to the following:
- The Service and/or the The Celebish App and/or the The Celebish Website is authorised for use in the Registered User’s jurisdiction;
- The The Celebish App and/or The Celebish Website will operate on an error free basis;
- The The Celebish App and/or the The Celebish Website will have a 100% up time;
- That any information, videos, images or other information of whatever nature saved by the Registered User on the The Celebish App and/or the The Celebish Website will be retained on The Celebish’s servers and/or if retained in respect of any given period of retention;
- The Celebish will continue to support the The Celebish App and/or the The Celebish Website;
- In respect of any other websites and/or social media platforms that may be linked to on the The Celebish Website, the entire content of such website and/or social media platforms;
- Any products or services advertised by any third party on the The Celebish Website/ and/or the The Celebish App;
- The accuracy of any information provided or opinion expressed on the The Celebish App and/or the The Celebish Website;
- Any personal injury, property damage or other loss of any type you may incur as a result of visiting the Website and/or relying on and/or taking action upon any information obtained on the Website irrespective of the actual party posting such information;
- Any loss of personal and/or confidential information as a result of unauthorized access to your account and/or our servers;
- Any viruses, worms, bugs, trojan horses, trackers and others of the like that may be transmitted and/or downloaded to your device(s) from and/or through the Website and/or our servers;
- Any interruption and/or disruption of any transmission of information and/or date from the Website and/or through the Website; and
- Any other loss, injury or harm that you may incur and/or suffer, whether direct or indirect, as a consequence of using the Website and/or relying upon or acting upon any and all information posted, found or otherwise accessed on the Website and/or through the Website.
All orders placed by the Registered User on the The Celebish App shall be irrevocable unless The Celebish in its absolute discretion agrees otherwise and the Registered User shall not be entitled to any refund, in whole or in part, for the order unless The Celebish in its absolute discretion agrees otherwise. The Celebish may make such deductions as are reasonable to cover administration costs, credit fees etc. in granting any refund to the Registered User.
Except as provided otherwise in this TOS, The Celebish shall grant a full refund to the Registered User if the Service Partner shall fail to deliver the Registered User’s order entirely and wholly as a result of the failures of The Celebish and or its employees and/or Agents. The Registered User shall not be entitled to any refund whatsoever, in whole or in part, if delivery is due to the provision of wrong and incorrect information relating to the order or the order has already been processed and forwarded to the Star for fulfilment or the Registered User has been found to be in breach of the TOS after the Registered User’s order has been processed. Notwithstanding anything to the contrary in this TOS, The Celebish shall not be responsible in any way whatsoever for the refund of any charges and/or fees made by third parties such as credit card companies and payment gateways.
Disputes and Limitation of Liabilities
In the event of any dispute between The Celebish and the Registered User, both parties hereby expressly and irrevocably agree that such dispute shall be settled exclusively by way of arbitration and that the arbitrator shall be: The basis of the arbitration shall be based on the laws and regulations relating to arbitration that shall be effective from time to time in the PAKISTAN unless agreed to in writing otherwise by The Celebish and the Registered User and it is expressly agreed that the arbitration laws and regulations in any and all other jurisdictions is/are expressly excluded. The decision of the arbitrator shall be final and binding on The Celebish and the Registered User provided always that the arbitrator shall not make any decision or award that would change, cancel, rescind any provision of this TOS and any decision or award shall be consistent with provisions and intent of this TOS. In any event, the Registered User shall not be at liberty to raise any dispute in respect of any order until the lapse of thirty (30) clear days from the placement of the order. All information relating to any disputes between The Celebish and the Registered User, whether in arbitration or not, shall be confidential and the parties shall not disclose such information to any third party on any basis except as specifically required by the arbitration proceedings. Notwithstanding anything to the contrary in this Clause 24 and this TOS, the Registered User expressly agrees that the limit of The Celebish’s liability to the Registered User in any dispute shall be the value of any purchase made by the Registered User through the use of the Service, the The Celebish App and/or the The Celebish Website. The Registered User expressly acknowledges that The Celebish shall not be liable to him/her/it in respect any other loss or harm, economic or otherwise, however suffered, including but not limited to any indirect, incidental, consequential , special or punitive damages for any personal injury, pain and suffering, emotional distress, loss of revenue and/or profits, loss of savingss, loss of goodwill and/or reputation, loss of data and/or information of any type, breach of contract, negligence of any nature and further, the Registered User expressly agrees that The Celebish shall not be liable to him/her/it for any equitable and/or liquidated damages of whatever nature for any loss howsoever arising. The Registered User expressly acknowledges that the exclusion of liability by The Celebish forms a foundation of the basis on which The Celebish grants you a licence to use the Website on the terms and conditions set out in the TOS. If the Registered User is in any way dissatisfied with The Celebish’s limitation of liability as expressed in this Clause 24 specifically and this TOS generally, the Registered User must immediately terminate his/her/its account and stop using the Service, the The Celebish App and/or the The Celebish Website.
The Registered User shall not assign its rights and obligations under the TOS without the express prior written consent of The Celebish.
Any waivers and/or indulgences extended by Operator to the Registered User shall not prejudice and/or restrict the rights and remedies of The Celebish and no waiver in respect of any breach shall operate as a waiver in respect of any subsequent breach. Any failure or delay by The Celebish in exercising any accrued right and/or remedy shall not operate as a waiver, implied or otherwise, of such right or remedy, nor shall any singular or partial exercise or waiver of any right and/or remedy shall prejudice its further exercise or the exercise of any other right and/or remedy.
If any part or parts of this TOS is found to be unenforceable or invalid by any court of competent jurisdiction, such term or terms shall be severed from the TOS as if they had not been included in the TOS from its inception and the remaining terms shall continue to be enforceable and valid.
The Celebish’s rights and remedies pursuant to this TOS are cumulative and not exclusive.
The Celebish shall at all times retain the right to monitor the Registered User’s access to the The Celebish Website and/or the The Celebish App and to collect any data and information for the purpose of ensuring your compliance with the TOS and or the relevant laws or an order of a competent court or a government body.
Disclosure of the personal information of the Registered User
The Celebish will not at any time disclose the personal information of the Registered User at any time except pursuant to a valid court order and/or search warrant. In such event, unless restrained otherwise by the court order and/or search warrant, The Celebish shall give written to the Registered User of such disclosure of information and the circumstance thereof and such notice will be sent by email to the Registered User’s last provided email address.
Mergers and Acquisitions
In the event that The Celebish and/or its assets, including but not limited to, the Service, the The Celebish App and the The Celebish Website and all intellectual property relating thereto, are purchased by a third party, in whole or in part, The Celebish shall at all times retain the right to transfer the personal details of the Registered User and all information relating to and/or provided by the Registered User to the Buyer.
Third Party Websites and Applications
- Connections to such application are made entirely at your own risk and you will hold The Celebish and all its stakeholders harmless against any loss, economic or otherwise that you may suffer;
- That you will indemnify The Celebish against any loss that it might suffer as a result of you making connections to such applications;
- You consent to the sharing of any and all information that such applications may harvest on you; and
- You consent to any information harvested by such applications being made public if the case so arises.
3rd Party Beneficiaries
Notwithstanding any contrary provisions or terms set out in this TOS, the entire content of this TOS is only for the benefit of The Celebish and the Registered User and their respective successors and assigns and this TOS does not in any way whatsoever create or bestow any rights and/or benefits in favour of any third party.
THIRD PARTY INTELLECTUAL PROPERTY AND COPYRIGHT CLAIMS
The Celebish respects the intellectual property of all third parties and all Registered Users of the The Celebish App. The The Celebish Website and the Service are required to do the same. In creating their User Creations, Registered Users shall ensure that they do not infringe upon the intellectual property and copyright of any third party. In the event that The Celebish discovers that a Registered User has made use of third party intellectual property and/or copyright without the necessary consents, The Celebish will take all such steps as are necessary to remove the offending items from its servers in accordance with the DCMA. The Celebish will also remove the offending items if it receives a DMCA Takedown Notice or is otherwise notified in writing together with the details of the claim to the intellectual property and/or copyright. The Celebish may at its absolute discretion terminate the account of a Registered User if the non-authorised use of third party intellectual property and/or copyright is repeated.
The Celebish may from time to time feature advertising on the The Celebish App and the The Celebish Website and such advertising may feature links to third party websites. If you follow such links, you do so absolutely at your own risk and you shall hold The Celebish and all its stakeholders harmless against any loss, economic or otherwise that you may suffer as a result of following such links. The manner, placement and nature of the advertising shall be at the absolute discretion of The Celebish and it may change from time to time and The Celebish may not specifically identify paid and sponsored content and placements to you and you expressly consent to the presence of such advertising.
REQUEST TO DELETE INFORMATION
The Registered User may submit a request in writing at any time to for private information to be removed from The Celebish’s database. The Celebish shall process such written notification from the Registered User within thirty (30) clear days from the receipt of such notice provided always that all Order IDs and any personal details attached thereto will not under any circumstances be deleted, removed and/or amended in any way whatsoever. Your written request should be by way of an email directed to hello@the Celebish.io. Your email should give details of the private information you wish to have removed..
This TOS shall be governed solely by the laws of the PAKISTAN. The laws and regulations of any other jurisdictions are expressly excluded notwithstanding that the Registered Users may be resident in jurisdictions other than England and Wales.
SUCCESSORS AND ASSIGNS
This TOS and the agreement within it in respect of the terms and conditions set out herein shall be binding on and shall enure to the benefit of both parties and their respective successors and, heirs, executors and permitted assigns.
The Registered User hereby expressly consents to receiving any and all notices from The Celebish by electronic means and The Celebish shall give notices to the Registered User by means of an email addressed to the Registered User at the last email address provided by the Registered User to The Celebish and/or posting a notice on the The Celebish Website. Support inquiries can be sent to The Celebish at customersupport@the Celebish.io and notices of a legal nature may be sent to The Celebish at customersupport@the Celebish.io or to the address written below:
MODIFICATIONS AND AMENDMENTS TOS
The Celebish reserves the right to modify and amend the TOS as it see fit and at its absolute discretion and such amendments and modification shall become effective and operations immediately of the new TOS being posted on the The Celebish Website and/or being incorporated into the The Celebish App . Any use by the Registered User of the Service, the The Celebish App and/or the The Celebish Website after any modification or amendment of the TOS is effective shall be taken as an express agreement by the Registered User to the amended TOS. It shall be the sole responsibility of the Registered User to review the TOS posted on the The Celebish App and/or The Celebish Website from time to time to review any modifications and amendments and the Registered User expressly acknowledges and accepts such responsibility. If the Registered User does not agree to the modifications and amendments, the Registered User should immediately stop and refrain use of the Service, the The Celebish App and/or the The Celebish Website and should immediately cancel his/her/its account .
This TOS represents and constitutes the entire understanding and relationship between The Celebish and the Registered User and it supersedes any and all prior understandings and undertakings between them.
Headings in this TOS are for convenience only and shall not be used in the interpretation of any provision or terms of this TOS.
You may contact The Celebish for any purposes at ________________________