Terms of Use

Please read these terms of use carefully before using the services offered by Mr Elchin Askarov (to be referred to as "Onbranch"), entrepreneur, registered in Azerbaijan Republic. these terms set forth the legally binding terms and conditions for your use of the website at https://onbranch.com  (the "site") and the services, features, content, applications or widgets offered by Onbranch (collectively to be referred to as the "Service").

 

  1. Acceptance of Terms

    By registering for and/or using the Service in any manner, including but not limited to visiting or browsing the Site, you agree to all of the terms and conditions contained herein ("Terms of Use"), which also incorporate Onbranch Privacy Policy all other rules, policies and procedures that may be published from time to time on the Site by Onbranch, each of which is incorporated by reference and each of which may be updated by Onbranch from time to time without notice to you in accordance with the terms set out under the "Modification of Terms of Use" section below. In addition, some services offered through the Service may be subject to additional terms and conditions specified by Onbranch from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference. These Terms of Use apply to all users of the Service, including, without limitation, users who are contributors of content, information, and other materials or services on the Site, individual users of the Service, venues that access the Service, and users that have a page on the Service.

  2. Services

    Subject to these Terms of Use, Onbranch may offer to provide the Services, as described more fully on the Site, and which are selected by you, solely for your own use, and not for the use of any third party. Services shall include, but not be limited to, any services Onbranch performs for you, any applications or widgets offered by Onbranch that you download from the Site or from third party application stores (e.g., iTunes store or Google Apps Marketplace), as well as the offering of any materials displayed or performed on or through the Services.

  3. Access, Registration and Eligibility
    1. You may browse the Site and view Content without registering, but as a condition to using certain aspects of the Service, you are required to register with Onbranch. By registering with Onbranch you warrant and covenant that you provide Onbranch with correct and complete registration information (including, but not limited to a user name ("User Name"), e-mail address and/or mobile telephone number and a password you will use to access the Service) and to keep your registration information accurate and up-to-date. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of your Onbranch account.

      You shall not:

      create any account for anyone other than yourself without such person's permission;

      use a User Name that is the name of another person with the intent to impersonate that person;

      use a User Name or Onbranch account that is subject to any rights of a person other than you without appropriate authorization; or

      use a User Name that is a name that is otherwise offensive, vulgar or obscene or otherwise unlawful.

    2. Onbranch holds the right to refuse registration of, or cancel a User Name in its sole discretion. You are solely responsible and liable for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password. You undertake to immediately notify Onbranch in writing of any unauthorized use of your account, or other account related security breach of which you are aware.

    3. You represent and warrant that if you are an individual, you are of legal age to form a binding contract, or that if you are registering on behalf of an entity, that you are authorized to enter into, and bind the entity to, these Terms of Use and register for the Service. The Service is not available to individuals who are younger than 14 years old. You are solely responsible for ensuring that these Terms of Use are in compliance with all laws, rules and regulations applicable to you and you agree not to use or access the Services in any way if it is prohibited in relation to you.

    4. If you use a mobile device, please be aware that your carrier's normal rates and fees, such as text messaging and data charges, will still apply.

    5. In the event you change or deactivate your mobile telephone number, you agree that you will update your account information on the Services within 24 hours to ensure that your messages are not sent to the person who acquires your old number.

  4. Content

    All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. Onbranch cannot guarantee the authenticity of any Content or data which users may provide about themselves. You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom. For purposes of these Terms of Use, the term "Content" includes, without limitation, any location information, videos, audio clips, comments, information, data, text, photographs, software, scripts, graphics, floor plans, and interactive features generated, provided, or otherwise made accessible by Onbranch on or through the Service. Content added, created, uploaded, submitted, distributed, posted or otherwise obtained through the Service by all categories of users, including Content that is added to the Service in connection with users linking their accounts to third party websites and services, as well as information about users’ location are collectively referred to as, "User Submissions".

  5. Onbranch Content

    The Service contains Content specifically provided by Onbranch or its partners and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as applicable. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Service.

    Subject to these Terms of Use, Onbranch grants each user of the Site and/or Service a worldwide, non-exclusive, non-sublicensable and non-transferable license to use, modify and reproduce the Content, solely for personal, non-commercial use. Use, reproduction, modification, distribution or storage of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from Onbranch, or from the copyright holder identified in such Content's copyright notice, as applicable. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial (whether or not for profit) use or in any way that violates any third party right.

    Exception: Without prejudice to the above-mentioned limitations, commercial use of the Service is possible in case if venue owners or other partners use the Service in order to sell their products or services.

  6. User Submissions
    1. We may use your User Submissions in a number of different ways in connection with the Site, Service and business as Onbranch may determine in its sole discretion, including but not limited to, publicly displaying it, reformatting it, incorporating it into marketing materials, advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing other users to do the same in connection with their own websites, media platforms, and applications. By submitting User Submissions on the Site or otherwise through the Service, you undertake to grant Onbranch a worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable license to use, copy, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with the Site, the Service and Onbranch’s (and its successors and assigns') business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third party websites and feeds).

    2. All User Submissions are public and you hereby undertake to grant each user of the Site and/or the Service with a non-exclusive license to access your User Submissions through the Site and the Service. You also agree that your User Submissions regarding information on your location may be visible to non-users of the Site as well.

    3. For the sake of clarity, the foregoing license grant to Onbranch does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing with Onbranch.

    4. You represent and warrant that you have all rights to grant such license to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.

    5. You understand that all information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which such Content originated. Onbranch will not be liable for any errors or omissions in any Content. Onbranch cannot guarantee the identity of any other users with whom you may interact in the course of using the Service.

    6. When you delete your User Submissions, they will be removed from the Service. However, you understand that any removed User Submissions may persist in backup copies for a reasonable period of time (but following removal will not be shared with others) or may remain with users who have previously accessed or downloaded your User Submissions.

  7. User Conduct
    1. As a condition of use, you promise not to use the Service for any purpose that is prohibited by these Terms of Use. You are responsible for all of your activity in connection with the Service. Additionally, you shall abide by all applicable local, state, national and international laws and regulations and, if you represent a business, any advertising, marketing, privacy, or other self-regulatory code(s) applicable to your industry.

    2. By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a)take any action or (b)upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any User Submission, that:

      1. infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;

      2. you know is false, misleading, untruthful or inaccurate;

      3. is unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, promotes bigotry, discrimination or violence, or is otherwise inappropriate as determined by Onbranch in its sole discretion;

      4. constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");

      5. other than appropriate use of an Add-to Link, involves commercial activities (whether or not for profit) and/or sales without Onbranch’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;

      6. contains software viruses or any other computer codes, files, worms, logic bombs or programs that are designed or intended to disrupt, disable, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Onbranch or any third party;

      7. impersonates any person or entity, including any employee or representative of Onbranch;

      8. includes anyone's identification documents or sensitive financial information; or

      9. breaches the Privacy Policyor any of the other policies and rules incorporated herein.

    3. Onbranch has a zero-tolerance policy against child pornography, and will terminate and report to the appropriate authorities any user who publishes or distributes child pornography.

    4. You shall not (directly or indirectly):

      1. take any action that imposes or may impose (as determined by Onbranch in its sole discretion) an unreasonable or disproportionately large load on Onbranch's (or its third party providers') infrastructure;

      2. interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service;

      3. bypass any measures Onbranch may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service);

      4. run any form of auto-responder or "spam" on the Service;

      5. use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site;

      6. harvest or scrape any Content from the Service;

      7. modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, republish, repurpose, sell, trade, or in any way exploit the Service or Site Content (other than your User Submissions), except as expressly authorized by Onbranch;

      8. decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service (including without limitation any application or widget), except to the limited extent applicable laws specifically prohibit such restriction;

      9. copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder;

      10. otherwise take any action in violation of Onbranch’s guidelines and policies.

    5. Onbranch is not obliged to monitor the Site, Service, Content, or User Submissions. However, Onbranch reserves the right to remove, suspend, edit or modify any Content in its sole discretion, including without limitation any User Submissions at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Onbranch is concerned that you may have violated these Terms of Use).

  8. Use of Credit Cards

    Certain features of the Service and/or certain services and products made available to you through the Service may allow you to purchase services or to redeem an offer or special using your credit card (together with “Card Services”). Onbranch uses a third-party payment processor (the “Payment Processor”) to link your credit card account to the Services (your “Card Account”) for use of the Card Services. The processing of payments or credits, as applicable, in connection with the Card Services will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to this Agreement. Onbranch is not responsible for any error that occurs during any offer or special redemption process, including any error by the Payment Processor. In connection with your use of the Card Services, Onbranch will obtain certain transaction details, which will be used solely in accordance with our Privacy Policy.

  9. Feedbacks

    You can use Contact section of the Site in order to send us your inquiries, complaint, offers and ideas.

  10. Special Terms for Pages.

    If you have a "Page" (i.e. official profile of any venue) on the Service, you also agree to the following:

    1. Pages are special profiles that may only be used to promote a business or other commercial, political, or charitable organization or endeavour (including non-profit organizations, political campaigns, bands, and celebrities).

    2. You may only administer a Page if you are an authorized representative of the subject of the Page.

    3. All Content posted on the Pages will be made available to all users of the Services.

    4. You may not establish terms other than those set forth in these Terms of Use to govern the use of the Page you administer.

    5. Your Page will not be used primarily or substantially to promote or advertise alcohol or tobacco products, firearms, or other products or services that may not be lawfully purchased or used by minors.

    6. You will not direct your Page, or any Content on your Page, to children under the age of 14.

    7. If you collect information about users, you will only use such information for your internal business purposes in connection with your use of the Service and in accordance with Onbranch Privacy Policy.

    8. You will not use deceptive practices to attract users.

    9. You are responsible for ensuring that your Page, including any Content you post on your Page, shall comply with all applicable laws, rules and regulations and these Terms of Use, and any advertising, marketing, privacy, or other self-regulatory code(s) applicable to your industry.

  11. Third Party Sites and Services

    The Service may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Site. When you access third party websites, you do so at your own risk. These other websites are not under Onbranch’s control, and you acknowledge that Onbranch is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. You further acknowledge and agree that Onbranch shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resources.

  12. Warranty Disclaimer
    1. Save to the extent required by law, Onbranch has no special relationship with or fiduciary duty to you. You acknowledge that Onbranch has no control over, and no duty to take any action regarding: which users gain access to the Service; what Content you access via the Service; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content.

    2. You release Onbranch from all liability for you having acquired or not acquired Content through the Service. The Service may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. With regard to User Submissions, Onbranch makes no representations concerning any Content contained in or accessed through the Service, and Onbranch will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service.

    3. You release us from all liability relating to your connections and relationships with other users. You understand that we do not, in any way, screen users, nor do we inquire into the backgrounds of users or attempt to verify their backgrounds or statements. We make no representations or warranties as to the conduct of users or the veracity of any information users provide. In no event shall we be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the Services, including, without limitation, bodily injury, emotional distress, and any damages resulting in any way from communications or meetings with users or persons you may otherwise meet through the Services. As such, you agree to take reasonable precautions and exercise the utmost personal care in all interactions with any individual you come into contact with through the Services, particularly if you decide to meet such individuals in person. For example, you should not, under any circumstances, provide your financial information (e.g., credit card or bank account numbers) to other individuals.

    4. Onbranch, and its employees, agents, representatives, suppliers, partners and content providers do not warrant that: (a) the service will be secure or available at any particular time or location; (b) any defects or errors will be corrected; (c) any content or software available at or through the service is free of viruses or other harmful components; or (d) the results of using the service will meet your requirements or expectations. Your use of the website, service and content is solely at your own risk. Some states / countries do not allow limitations on implied warranties, so the above limitations may not apply to you.

  13. Limitation of Liability
    1. All liability of Onbranch, its employees, agents, representatives, partners, suppliers or content providers howsoever arising for any loss suffered as a result of your use the site, service, content or user submissions is expressly excluded to the fullest extent permitted by law, save that, if a court of competent jurisdiction determines that liability of Onbranch, its employees, agents, representatives, partners, suppliers or content providers (as applicable) has arisen, the total of such liability shall be limited in aggregate to two hundred Azerbaijani Manats (200 AZN).

    2. To the maximum extent permitted by applicable law, in no event shall Onbranch, nor its employees, agents, representatives, partners, suppliers or content providers, be liable under contract, tort, strict liability, negligence or any other legal or equitable theory or otherwise (and whether or not Onbranch, its employees, agents, representatives, partners, suppliers or content providers had prior knowledge of the circumstances giving rise to such loss or damage) with respect to the site, service, content or user submissions for:

      1. indirect or consequential losses or damages;

      2. loss of actual or anticipated profits;

      3. loss of revenue;

      4. loss of goodwill;

      5. loss of data;

      6. loss of anticipated savings;

      7. wasted expenditure; or

      8. cost of procurement of substitue goods or services.

    3. Nothing in these terms of use shall be deemed to exclude or limit your liability in respect of any indemnity given by you under these terms of use. applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. in such cases, Onbranch’s liability will be limited to the fullest extent permitted by applicable law.

  14. Applicable Law
    1. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Onbranch agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

    2. These Terms of Use and any disputes or claims arising out of or in connection with it shall be governed by, and construed in accordance with, the laws of England. All disputes or claims arising out of or relating to these Terms of Use shall be subject to the exclusive jurisdiction of the English Courts to which the Parties irrevocably submit.

  15. Modification of these Terms of Use

    Onbranch reserves the right, at its sole discretion, to modify or replace any of these Terms of Use, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time. Onbranch will notify you about every modification by revising the date at the bottom of these Terms of Use, by posting a notice on the Site or by sending you notice through the Service or via email. It is your responsibility to check these Terms of Use periodically for changes. Your use for more than a 7 (seven) calendar days of the Service following the posting of any changes to these Terms of Use constitutes acceptance of those changes.

  16. Other Provisions

    These Terms of Use are the entire agreement between you and Onbranch with respect to the Service and use of the Site, Service, Content or User Submissions, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Onbranch with respect to the Site. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Use to be binding, Onbranch must provide you with written notice of such waiver through one of its authorized representatives.

  17. Language
    1. Where Onbranch has provided you with a translation of the English language version of these Terms of Use, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with Onbranch.

    2. If there is any contradiction between what the English language version of these Terms of Use says and what a translation says, then the English language version shall take precedence.

  18. Contact

    You may contact Onbranch via the following e-mail address: elchin.askerov@gmail.com