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TERMS AND CONDITIONS

 

THESE TERMS OF USE SHALL REGULATE YOUR USE OF THE WEBSITE (”TOPBRAND.STORE") KNOWN HENCEFORTH AS ("THE WEBSITE”),  WHICH IS OPERATED BY TOPBRAND LIMITED AND SHAREHOLDERS WITH ITS PRIMARY PLACE OF BUSINESS IN ENGLAND.YOUR USE OF THIS WEBSITE INDICATES YOUR ACCEPTANCE TO BE BOUND BY THESE TERMS OF AGREEMENT, IF YOU OBJECT TO ANY OF THE CLAUSES IN THESE TERMS IMMEDIATELY DESIST FROM USING THE WEBSITE. IN THE CASE OF ANY DISPUTE ARISING YOU AGREE TO SUBJECT SUCH DISPUTE TO ARBITRATION. YOU HENCEFORTH AGREE THAT YOU ARE DEBARRED AND ESTOPPED FROM BRING ANY DISPUTE THAT MIGHT OCCUR SUBJECT TO YOUR USE OF THE WEBSITE UNDER A CLASS ACTION SUIT.

THESE TERMS OF USE SHALL BE READ ALONGSIDE THE PRIVACY POLICY AND BOTH SHALL CONSTITUTE A BINDING DOCUMENT. WE RESERVE THE RIGHT TO AMEND, EDIT, REMOVE OR ADD TO THESE DOCUMENTS, SO YOU ARE IMPLORED TOP CONSTANTLY CHECK FOR THE LATEST VERSIONS OF THE DOCUMENTS, SHOULD YOU BE AVERSE TO ANY CLAUSE IN THESE DOCUMENTS, YOU MUST IMMEDIATELY CEASE ALL USE OF THE WEBSITE. ALTHOUGH THESE TERMS OF USE DEPENDS UPON USE OF THIS WEBSITE, THEY DO NOT MATTER TO TRANSACTIONS MADE THROUGH THIS WEBSITE.

WE HEREBY DISCLAIM ANY LIABILITY THAT MIGHT ARISE AS A RESULT OF AN INABILITY TO ACCESS THE WEBSITE AT ANY TIME. WE RESERVE THE RIGHT TO  FROM TIME TO TIME, LIMIT ACCESS TO A FEW OR ALL WEBSITES. WE MAINTAIN ANY AUTHORITY TO SUSPEND, LIMIT OR SUSPEND YOUR ADMISSION TO THIS WEBSITE AT ANY TIME WITHOUT NOTICE.

Acceptance of Terms of Use

These Terms of Use, Privacy Policy, and Cookies Policy constitute a legally binding agreement on you should you go ahead to use our service, thus ensure you read them very carefully. Should you disagree with any of the terms, clauses and provisions set out in those documents, you should not use the Website, Apps or any of the Services. The access or use of the Platform, registration of an account, or the view, access, stream, upload or download of any data, information or content from or to the Platform, you represent and warrant that you have read and understood the Terms of Use agree to be governed by them, and that you are either 18 years of age or more, or the applicable age of majority in your jurisdiction, or if you are under 18 years of age or the age of majority in your jurisdiction, you are 16 years of age or more if your residence is within the jurisdiction of the European Union or 13 years of age or more if you are in the United States or anywhere else.

 

Your Topbrand account

There is no obligation to use the platform. For you to be able access certain aspects and features of the platform, you will need to register an account. By registering on the Platform, you are required to provide us with your email address, and will choose a username and password for your account. It is your duty to make sure that you provide a valid email address, which will be treated according to the guidelines set in our Privacy Policy.

It is your responsibility to keep confidential the security of your username and password, and any and all use of it, including activities from your account whether or not it was authorized by you.

In the event of a theft of your username or password, or ion a situation where you think your account information has been compromised, or that there has been unauthorized access by third parties to your account, it is your duty to immediately inform Topbrand via writing and alter your password as soon as possible.

Topbrand has the right not to allow, to cancel, reassign or remove certain usernames and permalinks in appropriate circumstances which shall be determined by us at our discretion. We also reserve the right to, with or without prior notice, suspend or cancel your account in the event of the occurrence of activities which at our sole discretion we consider, would, might or has amounted to a violation of these Terms of Use, or is considered to have infringed, or violated the rights of a third party, or any applicable laws or regulations. You may terminate your account at any time as described in the Termination section below.

 

 

 

SECTION 1-TRADEMARKS

 

All content, illustrations, logos, button symbols, soundtracks/bites, recordings, programming, downloads and certain other materials in this Website are the property of TOPBRAND and are subject to worldwide copyright laws. Copyrights, brand names or commercial resources may not be used here without our explicit consent. These components incorporate our name and logos as well as various designs, headers, button symbols, executions, administration and projects. The permission granted for your use of any material found on this Website is limited to replicating or electronically printing pages from the Website for individual, non-commercial reasons.

 

 

SECTION 2-PROHIBITIONS

 

The license to use this website is granted conditional to your faithful adherence with these Terms of Use always while using the platform, this includes but is not limited to:

(i) You are hereby prohibited from copying, ripping or capturing, or attempting to copy, rip or capture, any Content from the Platform or any part of the Platform by any  means.

(ii) You are prohibited from adaptation, copying, republishing, making available or otherwise communicating to the public, either by displaying, performing, transferring, sharing, distributing or otherwise using or exploiting any Content on or from the Platform at any and all times, except (i) where otherwise permitted under these Terms of Use.

 (iii) You are prohibited from employing scraping technology or similar techniques to aggregate, repurpose, republish or otherwise make use of any Content.

(iv) You are prohibited from employing any  techniques or making use of any services, automated or otherwise, aimed at falsifying your activities on the Platform, including but not limited to using bots, botnets, scripts, apps, plugins, extensions or other automated means to register accounts, log in, sending of messages, posting of comments, or otherwise to act on your behalf, particularly where such activity occurs in a multiple or repetitive fashion. You must not offer or promote the availability of any such techniques or services to any other users of the Platform.

(v) You are prohibited from altering or removing, or attempting to alter or remove, any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the Platform or any Content appearing on the Platform (other than Your Content).

(vi) You are prohibited from, and must not permit any third party to, copy or adapt the object code of the Website or any of the Apps or Services, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Platform, or circumvent or attempt to circumvent or copy any copy protection mechanism or territorial restrictions or access any rights management information pertaining to Content other than Your Content.

(vii) You are prohibited from using the Platform to upload, post, store, transmit, display, copy, distribute, promote, make available, continue to make available or otherwise communicate to the public:

  • any Content that is abusive, libellous, defamatory, pornographic or obscene, that promotes or incites violence, terrorism, illegal acts, or hatred on the grounds of race, ethnicity, cultural identity, religious belief, disability, gender, identity or sexual orientation, or is otherwise objectionable in Topbrand’s reasonable discretion;
  • any information, Content or other material that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity, confidential information or any other right; or
  • any Content that violates, breaches or is contrary to any law, rule, regulation, court order or is otherwise is illegal or unlawful in Topbrand’s reasonable opinion;
  • any material of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which or might overburden, impair or disrupt the Platform or servers or networks forming part of, or connected to, the Platform, or which does or might restrict or inhibit any other user's use and enjoyment of the Platform; or
  • any unsolicited or unauthorized advertising, promotional messages, spam or any other form of solicitation.

(vii) You are prohibited from committing or engaging in, or encouraging, inducing, soliciting or promoting, any conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law or regulation.

(viii You are prohibited from deliberately impersonating any person or entity or otherwise misrepresenting your affiliation with a person or entity, for example, by registering an account in the name of another person or company, or sending messages or making comments using the name of another person.

(ix) You are prohibited from stalking, exploiting, threatening, abusing or otherwise harassing another user, or any Topbrand employee.

(x) You are prohibited from using or attempting to use another person's account, password, or other information, unless you have express permission from that other person.

(xi) You are prohibited from selling or transferring, or offering to sell or transfer, any Topbrand account to any third party without the prior written approval of Topbrand.

(xii) You are prohibited from collecting or attempting to collect personal data, or any other kind of information about other users, including without limitation, through spidering or any form of scraping.

(xiii) You are prohibited from violating, circumventing or attempting to violate or circumvent any data security measures employed by Topbrand or any Uploader; accessing or attempting to access data or materials which are not intended for your use; log into, or attempting to log into, a server or account which you are not authorized to access; attempting to scan or test the vulnerability of Topbrand’s servers, system or network or attempt to breach Topbrand’s data security or authentication procedures; attempting to interfere with the Website or the Services by any means including, without limitation, hacking Topbrand’s servers or systems, submitting a virus, overloading, mail-bombing or crashing. Without limitation to any other rights or remedies of Topbrand under these Terms of Use, Topbrand reserves the right to investigate any situation that appears to involve any of the above, and may report such matters to, and co-operate with, appropriate law enforcement authorities in prosecuting any users who have participated in any such violations.

You hereby agree to be bound to and to comply with the above conditions at any and all times during your use of the Platform, and acknowledge and agree that Topbrand has the right, in its sole discretion, to terminate your account or take such other action as we see fit if you breach any of the above conditions or any of the other terms of these Terms of Use. This may include taking court action and/or reporting offending users to the relevant authorities.

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SECTION 3-TYPOS AND ERRORS POLICY

 

"TOPBRAND" tries to be as accurate as possible under the circumstances. While we need to provide you with complete, current and accurate data, our Website may contain content that is dependent on human or mechanical errors (e.g. typographical errors, errors, exclusions, etc.). This substance may incorporate data identified by evaluation, representations and accessibility, as well as inadequate or outdated materials. We herby disclaim and refute any warranty that data, representations and other materials are accurate, finished, reliable, current and error-free.

 

SECTION 4-AVAILABILITY AND CONTENT OF THE WEBSITE

 

Admission to this Website and its substance may be suspended accidentally and without notice in case of shutdown of the master server, for reasons of maintenance or live support, or for reasons beyond our ability to control. We have made every effort to display race booking data and reservations exactly as expected in the circumstances. Nevertheless, there are some possibilities that you have limited functionality of the website, or the web is down. We cannot be held responsible for any inconvenience caused by your ISP regarding the Website.

 

SECTION 5 - DMCA COPYRIGHT LAW

 

The Digital Millennium Copyright Act of 1998 (the" DMCA") responds to copyright owners who claim that material posted on the Internet infringes their privileges under U.S. copyright law. In the event that you believe that material posted on the website infringes on your copyright you or your representative may send an email requesting that such content be taken down.

 

 

 

 

SECTION 6-COMPENSATION

 

"TOPBRAND"announces that all cogitations, reviews, offers, price tags, discounts, trips, driver details, locations and considerations present on this Website ("TOPBRAND“) are provided for informational purposes only and the information contained therein shall not be construed as financial advice. Since these terms are updated periodically, the information may or may not reflect the most recent information available on the”TOPBRAND WEBSITE".

The company does not guarantee that the information present is updated correctly and in accordance with the GTCU. In addition, "https://topbrand.store " has no control over and does not guarantee the accuracy of the information available through the links contained in the Website.

 

SECTION 7- Disclaimer.

 

 

THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE WEBSITE, THE APPS AND ALL CONTENT AND SERVICES ACCESSED THROUGH OR VIA THE WEBSITE, THE APPS, THE SERVICES OR OTHERWISE, ARE PROVIDED "AS IS", "AS AVAILABLE", AND "WITH ALL FAULTS".

WHILST TOPBRAND USES REASONABLE ENDEAVORS TO CORRECT ANY ERRORS OR OMISSIONS IN THE PLATFORM AS SOON AS PRACTICABLE ONCE THEY HAVE BEEN BROUGHT TO TOPBRAND’S ATTENTION, TOPBRAND MAKES NO PROMISES, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) REGARDING THE WEBSITE, THE APPS, THE SERVICES OR ANY PART OR PARTS THEREOF, ANY CONTENT, OR ANY LINKED SERVICES OR OTHER EXTERNAL SERVICES. TOPBRAND DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM OR ANY PART OR PARTS THEREOF, THE CONTENT, OR THE SERVERS ON WHICH THE PLATFORM OPERATES ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TOPBRAND DOES NOT WARRANT THAT ANY TRANSMISSION OF CONTENT UPLOADED TO THE PLATFORM WILL BE SECURE OR THAT ANY ELEMENTS OF THE PLATFORM DESIGNED TO PREVENT UNAUTHORIZED ACCESS, SHARING OR DOWNLOAD OF CONTENT WILL BE EFFECTIVE IN ANY AND ALL CASES, AND DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM IS LAWFUL IN ANY PARTICULAR JURISDICTION.

TOPBRAND AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, SPECIFICALLY DISCLAIM ALL OF THE FOREGOING WARRANTIES AND ANY OTHER WARRANTIES NOT EXPRESSLY SET OUT HEREIN TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION ANY EXPRESS OR IMPLIED WARRANTIES REGARDING NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

WHERE THE LAW OF ANY JURISDICTION LIMITS OR PROHIBITS THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES AS SET OUT ABOVE, THE ABOVE DISCLAIMERS SHALL NOT APPLY TO THE EXTENT THAT THE LAW OF SUCH JURISDICTION APPLIES TO THIS AGREEMENT.

 

 

 

 

SECTION 8-LIMITATION OF LIABILITY 

 

IN NO EVENT SHALL TOPBRAND’S AGGREGATE LIABILITY TO YOU UNDER THIS AGREEMENT EXCEED THE GREATER OF 100 EURO OR THE AMOUNTS (IF ANY) PAID BY YOU TO TOPBRAND DURING THE PREVIOUS TWELVE (12) MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.

TOPBRAND AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, SHALL HAVE NO LIABILITY FOR:

  1. ANY LOSS OR DAMAGE ARISING FROM:

(A) YOUR INABILITY TO ACCESS OR USE THE PLATFORM OR ANY PART OR PARTS THEREOF, OR TO ACCESS ANY CONTENT OR ANY EXTERNAL SERVICES VIA THE PLATFORM;

(B) ANY CHANGES THAT TOPBRAND MAY MAKE TO THE PLATFORM OR ANY PART THEREOF, OR ANY TEMPORARY OR PERMANENT SUSPENSION OR CESSATION OF ACCESS TO THE PLATFORM OR ANY CONTENT IN OR FROM ANY OR ALL TERRITORIES;

(C) ANY ACTION TAKEN AGAINST YOU BY THIRD PARTY RIGHTSHOLDERS WITH RESPECT TO ANY ALLEGED INFRINGEMENT OF SUCH THIRD PARTY’S RIGHTS RELATING TO YOUR CONTENT OR YOUR USE OF THE PLATFORM, OR ANY ACTION TAKEN AS PART OF AN INVESTIGATION BY TOPBRAND OR ANY RELEVANT LAW ENFORCEMENT AUTHORITY REGARDING YOUR USE OF THE PLATFORM;

(D) ANY ERRORS OR OMISSIONS IN THE PLATFORM’S TECHNICAL OPERATION, OR FROM ANY INACCURACY OR DEFECT IN ANY CONTENT OR ANY INFORMATION RELATING TO CONTENT;

(E) YOUR FAILURE TO PROVIDE TOPBRAND WITH ACCURATE OR COMPLETE INFORMATION, OR YOUR FAILURE TO KEEP YOUR USERNAME OR PASSWORD SUITABLY CONFIDENTIAL;

(F) ANY MISCONDUCT BY OTHER USERS OR THIRD PARTIES USING THE PLATFORM, ESPECIALLY IN BREACH OF THE AGREEMENT;

  1. ANY LOSS OR DAMAGE TO ANY COMPUTER HARDWARE OR SOFTWARE, ANY LOSS OF DATA (INCLUDING YOUR CONTENT), OR ANY LOSS OR DAMAGE FROM ANY SECURITY BREACH; AND/OR
  2. ANY LOSS OF PROFITS, OR ANY LOSS YOU SUFFER WHICH IS NOT A FORESEEABLE CONSEQUENCE OF TOPBRAND BREACHING THESE TERMS OF USE. LOSSES ARE FORESEEABLE WHERE THEY COULD BE CONTEMPLATED BY YOU AND TOPBRAND AT THE TIME YOU AGREE TO THESE TERMS OF USE, AND THEREFORE DO NOT INCLUDE ANY INDIRECT LOSSES, SUCH AS LOSS OF OPPORTUNITY.

ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM MUST BE NOTIFIED TO TOPBRAND AS SOON AS POSSIBLE.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES, YOU ACKNOWLEDGE AND AGREE THAT SUCH LIMITATIONS AND EXCLUSIONS REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND TOPBRAND AND ARE FUNDAMENTAL ELEMENTS OF THE BARGAIN BETWEEN YOU AND TOPBRAND, AND THAT TOPBRAND’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

NOTHING IN THESE TERMS OF USE LIMITS OR EXCLUDES THE LIABILITY OF TOPBRAND, ITS SUBSIDIARIES, SUCCESSORS, ASSIGNS, OR THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND/OR SHAREHOLDERS: (I) FOR ANY DEATH OR PERSONAL INJURY CAUSED BY ITS OR THEIR NEGLIGENCE, (II) FOR ANY FORM OF FRAUD OR DECEIT, (III) FOR ANY DAMAGES CAUSED WILFULLY OR BY GROSS NEGLIGENCE, OR (IV) FOR ANY FORM OF LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY LAW.

 

 

SECTION 9 - TERMINATION

 

These Terms of Use are binding unless and until terminated by you or us. You may terminate these Terms of Use at any time by communicating to us in writing  that at this point you do not wish to use our services or when you stop using our Website. The authority and owners has the irrevocable right to suspend your account without notice.

 

 

SECTION 10-DIVISIBILITY

 

Except as expressly stated in this legal document, if any part of this agreement is declared void, it shall not affect the enforceability of other aspects of this agreement. We may replace any segment or statement with a relevant comparable segment at any time on the WEBSITE without any notice.

 

 

SECTION 11-NO PROVISION

 

Failure to enforce any provision of these Terms will not constitute a waiver of our rights under that provision whatsoever.

 

 

SECTION 15-GOVERNING LAW

 

Except where otherwise required by the mandatory law of the United States or any member state of the European Union

(i) this Agreement is subject to the laws of England and Wales, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and excluding the principles of conflict of laws (international private law); and

(ii) you hereby agree, and Topbrand agrees, to submit to the exclusive jurisdiction of the courts in England for resolution of any dispute, action or proceeding arising in connection with this Agreement.

The foregoing provisions of this Applicable Law and Jurisdiction section do not apply to any claim in which Topbrand seeks equitable relief of any kind. You acknowledge that, in the event of a breach of this Agreement by Topbrand or any third party, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief against Topbrand, including with respect to Your Content, and your only remedy shall be for monetary damages, subject to the limitations of liability set forth in these Terms of Use 

 

NO REFUND/RETURNS CONDITIONS

 

https://topbrand.store  is offering remarkable sports and general goods at our website with no return. As a customer, you are responsible for understanding this upon purchasing any item at our site. Some of our products on certain occasions come up with unannounced bonuses, exciting discounts, or offers, regarding these items, the final decision would be of https://topbrand.store, and no claims would be made against them regarding all the offers and choices.

Our policy is that once we have provided the product to the customer, the sale is final, and the customers will not be entitled to any credit refunds. Again, no RETURNS or REFUNDS shall be entertained OF ANY CASH for any reason whatsoever, and all transactions are final.

No discount, return or refund will be considered regardless of whether the customer is disappointed with the item under any condition. So before deciding to buy any of our products, Customers are advised to read and understand this no refund policy. This no refund policy is hereby communicated to Customers to prevent misunderstanding and disputes.

We are also not entertaining any Change of Mind Policy at the moment. All the sales are final with immediate effect after the payment is made.

 

POSSIBLE REFUND CONDITIONS

https://topbrand.store acknowledges our visitors that In some instances, we can refund the amount if you didn't get what you have paid for, or in instances where we witness any mistake next to us or because of any bundling or packaging issue, we will refund your amount.

Note: You agree and acknowledge that upon completion of a payment, you won't create a legally binding document or a chargeback against us without any prior notice in any English court or anywhere around the world.

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  • Refunds may take 70 days to process.
  • Kindly note that we will not be liable for any deferrals in credit at the time of refund to the Cardholder's Credit/Debit card’s record or accountholder's bank balance because of any reasons referred to by the Payment Gateway or Cardholder's responsible bank.
  • In order to qualify for a refund following conditions or any of the states must meet: the delivered product is damaged during shipping, defective item received, some parts are missing, or any natural disaster occurred like rain, earthquake and you can’t have received the order.
  • Wrong product delivered.

 

 

POSSIBLE RETURN CONDITIONS

  • We can return the product if there is a size issue with any of the product when delivered to you.
  • The product can be change or return if you are allergic or facing any health-related situation using the product with proper prescription needs to be provided.

 

 

UPDATING THESE TERMS

https://topbrand.store, reserves the right to update these terms and conditions at any time on the Website without informing any of our users. You are welcome to visit the website occasionally to inform you of the latest legal updates, or any new added product to our website.

 

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