Member Terms and Conditions
These Member Terms and Conditions (this “Agreement”) apply to all users (“you” or “Member”) who access and/or use the Marsira.com platform for online advice and services (the “Marsira Platform”), owned and operated by NUVERSA TECH LTD (“Company”).
**What is Marsira?**
Marsira provides a consultant platform that allows members to locate a consultant to ask questions or request advice and/or services directly from such consultant. Marsira, via the consultant platform, enables a member to communicate directly with the Consultant and pay for the services purchased by the member from such Consultant.
**Disclaimer – For Entertainment Purposes Only**
You are solely responsible for verifying a Consultant’s identity, qualifications, credentials, biographic information, licenses held, and other information. Marsira is not responsible for any such verification.
Member acknowledges and agrees that Consultants are neither employees nor agents nor representatives of Marsira, and Marsira assumes no responsibility for any act or omission of any such Consultant. Consultants are not employees or agents of Marsira or any of its affiliates. All Consultants are independent contractors of Marsira, and because they are independent contractors, Marsira does not control the quality, relevancy, or accuracy of any advice provided by an Consultant and does not determine whether any Consultant is qualified to provide any specific advice, whether an Consultant is categorized correctly or in the most appropriate category to provide the advice sought by a Member, or whether any postings on or transmissions through the Consultant Platform by a Member or an Consultant are accurate, correct, relevant, or appropriate.
ANY OPINION, RESPONSE, ADVICE, SUGGESTION, PREDICATION, INFORMATION, AND/OR OTHER SERVICE PROVIDED BY ANY CONSULTANT IS PROVIDED FOR ENTERTAINMENT PURPOSES ONLY.
The advice or information provided by attorneys, doctors, and other Consultants in fields requiring licensure and/or certification is provided for informational purposes only and cannot be considered a substitute for an in-person meeting or a face-to-face physical examination. Members should not rely on or make health, legal, financial, or other decisions based on advice provided by any Consultant.
Marsira strongly recommends that a Member seeking medical or mental health advice see a qualified professional in person.
IF YOU ARE THINKING ABOUT SUICIDE, IF YOU FEEL YOU MAY BE A DANGER TO YOURSELF OR OTHERS, OR IF YOU OTHERWISE HAVE ANY MEDICAL EMERGENCY, PLEASE IMMEDIATELY NOTIFY THE POLICE OR EMERGENCY MEDICAL SERVICES IN YOUR AREA. IN THE UNITED STATES, PLEASE DIAL 911.
**Acceptable Use**
By accessing and/or using the Marsira Platform, you represent, warrant, and agree to the following:
You are at least 18 years of age. If you are under the age of 18, you may not use or register for the Marsira Platform or provide any personal information to us. Marsira reserves the right to immediately terminate any member account and delete his or her information if it believes the member is under the age of 18.
The information you submit in your registration form is true, accurate, and complete, and you will maintain and update this information during the term of this Agreement so that it remains true, accurate, current, and complete.
You will not undermine, disrupt, or manipulate the integrity of the Member feedback rating system on the Marsira Platform. Marsira may, without notice, remove old ratings or exclude ratings which Marsira in its sole discretion believes compromises the integrity of the Member feedback rating system.
You will not interfere with or disrupt any Marsira servers, networks, or equipment in connection with the Marsira Platform.
You will not attempt to gain unauthorized access to any computer system or network connected to the Marsira Platform.
You will not transmit, upload, email, post, or otherwise make available through the Marsira Platform: (a) any junk mail, spam, or unsolicited email or bulletin board postings; (b) any unlawful, harassing, libelous, abusive, threatening, defamatory, vulgar, obscene, racist, harmful, or otherwise objectionable material of any kind; (c) any information or material that infringes a third-party right, including but not limited to intellectual property rights and/or privacy rights; (d) any software viruses, Trojan horses, worms, or any other malicious application or code; or (d) any information or material which may constitute or encourage conduct that is a criminal offense, a civil wrong, or otherwise violates any applicable law.
You will not violate any applicable laws, rules, regulations, or ethical codes.
Marsira enables the transfer of files between Members and Consultants. When opening such file attachment, it is your responsibility to scan the files with an anti-virus software application.
You will not impersonate any person or entity or make any false statement regarding your employment or affiliation with any person or entity.
You will not stalk, threaten, or harass any Consultant or Member or infringe on or attempt to infringe on their privacy.
Marsira may choose to review the Member’s personal profile and amend any typing or spelling errors.
Marsira may, in its sole discretion, (i) refuse to post or transmit; or (ii) remove any content uploaded by Member.
**Modification and Termination of Services**
Marsira may modify or discontinue, temporarily or permanently, any service part of the Marsira Platform, with or without notice to Member without liability to Member or any third party. Marsira, in its sole discretion and for any reason, may terminate Member’s participation in the Marsira Platform and refuse any and all current or future use by Member of the Marsira Platform.
**Fees and Payments**
All interactions between you and a Consultant will be billed through the Consultant Platform regardless of whether the interaction is online or offline. You agree to abide by the pricing terms agreed upon with a Consultant while using the Consultant Platform and to pay to Marsira all fees for services rendered to you by Consultants.
You may make payments by using the credit card, debit card, or PayPal account you have on file with Marsira. You expressly authorize payments for all fees for each transaction occurring under your account. All amounts displayed on the Consultant Platform are in US dollars, and You will be charged in USD. You will ensure that all credit card and payment information you provide is accurate, correct, and kept updated at all times, and that you are fully authorized to use such credit card and payment information. You may be required to verify your account or payment method via phone or email. For your convenience, you may also deposit amounts to your available balance, a free feature for active accounts. Fees will then be deducted from your available
balance as incurred, either as services are rendered or promptly after a session with a Consultant ends. For account balances that have not been added to or used for transactions for more than 12 months, Marsira reserves the right to charge an administrative fee of up to US $5.00 (the “Account Maintenance Fee”) each month until the earlier of (i) the available account balance has been depleted; or (ii) 36 months have passed since the last transaction. Such Account Maintenance Fee shall be deducted automatically from the available account balance. No Account Maintenance Fees will be incurred if the account balance is US $0.00.
You may request a refund of your available account balance by clicking here and typing the word “refund” in the help search bar and filling out the necessary information. If Account Maintenance Fees were incurred on account funds deposited prior to July 1, 2013, you may request a refund of the Account Maintenance Fees charged by clicking here and typing the word “refund in the help search bar and filling out the necessary information.
You will reimburse Marsira for any expenses incurred by Marsira to collect fees owed by you. Marsira reserves the right to charge interest on any past due amounts of 2% per month or the highest amount permitted by law (if lower). If a payment method is invalid, and a Member incurs any past due amounts, Marsira reserves the right to charge any payment methods associated with the Member’s account for any past due amounts, including any taxes and late fees, until such amounts are paid in full.
Marsira may, at its sole discretion, choose to refund a payment made by a Member in certain limited circumstances. The refund process is described at https://support.marsira.com.
Please note that Marsira will use reasonable efforts to process payments after the end of each session and within seven (7) business days of each transaction; however, there may be delays due to credit card and debit card payment processes. Charges incurred over a several days period may be consolidated and charged as a single charge. If a credit card charge is declined, Marsira may attempt to charge any or all other cards you have on file (in one charge or in partial charges if unable to charge the full amount) for the following 60-90 days.
Time charges are based on increments of a minute as measured on Marsira’s servers. Any use of a partial minute is rounded up to a full minute. Marsira’s billing system is not fault-free; therefore, Marsira shall not be liable for any problems, miscalculations, or malfunctions in processing payments. If you believe a mistake has occurred, please submit a ticket here.
Privacy
Log-in Credentials. You are responsible for maintaining the confidentiality of your password, username, and any other security information related to your account. You are fully responsible for all activities that occur under your account.
Privacy Policy. By accessing and/or using the Marsira Platform, you agree to the terms of Marsira’s Privacy Policy at www.marsira.com/privacy_policy.
Permitted Disclosures. Marsira may disclose Member information, including, but not limited to, personal information, transcripts, surveys, and recordings, if Marsira reasonably believes that disclosure (i) is necessary to comply with a legal process (such as a court order, subpoena, search warrant, etc.) or other legal requirement of any governmental authority; (ii) would potentially mitigate Marsira’s liability in an actual or potential lawsuit; (iii) is necessary or appropriate to protect Marsira’s rights or property, or the rights or property of any person or entity; (iv) is necessary or appropriate to enforce this Agreement (including, but not limited to, ensuring payment of fees by Members), or (v) is necessary to deter illegal behavior (including, but not limited to, fraud).
Your Information. You hereby grant Marsira an unlimited, irrevocable, royalty-free license to use, reproduce, edit, copy, transmit, distribute, publicly display, publicly perform, create derivative works based on, on a worldwide basis, any information or content that you post, transmit, deliver, or receive via the Marsira Platform.
Third-Party Websites
The Marsira Platform, or a portion thereof, may also be made available via third-party websites. If you have accessed the Marsira Platform, or any portion thereof, via a third-party website, such use may be subject to terms and conditions imposed by such third party. Marsira is not responsible for any terms, conditions, policies, acts, or omissions, of any such third parties.
Disclaimers
Marsira is not responsible for reviewing, endorsing, recommending, verifying, evaluating, warranting, or guaranteeing the qualifications, expertise, claims, or background of any Consultant or any opinion, response, advice, prediction, recommendation, information, or other service provided by any Consultant. Marsira shall not be deemed the provider of any of the Consultant’s services or other information acquired through the Marsira Platform.
MEMBER ACKNOWLEDGES AND AGREES THAT THE MARSIRA PLATFORM IS PROVIDED “AS IS” AND THEREFORE WILL NOT HAVE ANY CLAIM OR DEMAND AGAINST MARSIRA, ITS AFFILIATES, OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBCONTRACTORS, REPRESENTATIVES, OR AGENTS WITH RESPECT TO THE MARSIRA PLATFORM. USE OF THE MARSIRA PLATFORM IS AT THE MEMBER’S SOLE RISK. TO THE FULLEST EXTENT ALLOWED BY LAW, MARSIRA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY, OR ACCURACY.
Marsira does not assume, and will not be liable for: (1) the accuracy or availability of the Marsira Platform; or (2) any damages or injury arising from or related to the Marsira Platform and/or any opinion, response, advice, prediction, recommendation, information, and/or other service provided or not provided by any Consultant. Marsira does not guarantee that Marsira’s service will be uninterrupted or that it will be timely, secure, or error-free.
Links and Advertisements
Marsira.com may contain links or other content (including advertisements on its own behalf or paid advertisements on behalf of third parties) related to websites, products, and/or services offered by third parties, and the user acknowledges and agrees that Marsira is not responsible for such third-party links, content, websites, products, or services. Marsira will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged by or in connection with the use of or reliance on any such link, website, content, product, and/or service.
Intellectual Property
Marsira.com contains copyrighted material, trade secrets, trademarks, patents, and other proprietary information owned by NUVERSA TECH LTD (“Company”), its affiliated companies, or its licensors. This Agreement does not grant to the Member any rights to any Intellectual Property appearing on Marsira.com or any services offered by Company. The Member may not create any derivative or similar work or technology based upon any Intellectual Property of Company, an affiliated company, or its licensors. The Member may not sublicense, assign, transfer, sell or make any other commercial use of his or her membership in Marsira.com.
Limitation of Liability
MEMBER EXPRESSLY UNDERSTANDS AND AGREES THAT MARSIRA, ITS AFFILIATES, AND ANY OF THE FOREGOING'S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBCONTRACTORS, AND AGENTS SHALL NOT BE LIABLE TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE). MEMBER FURTHER EXPRESSLY UNDERSTANDS AND AGREES THAT: (A) MARSIRA, ITS AFFILIATES, AND THE FOREGOING'S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBCONTRACTORS, AND AGENTS' AGGREGATE LIABILITY FOR DAMAGES ARISING WITH RESPECT TO THIS AGREEMENT AND ANY AND ALL USE OF MARSIRA.COM WILL NOT EXCEED THE LESSER OF THE TOTAL AMOUNT OF MONEY PAID BY MEMBER TO CONSULTANTS THROUGH THE APPLICABLE SITE IN THE ONE-MONTH PERIOD PRIOR TO THE DATE THE CLAIM AROSE AND $100; AND (B) MARSIRA DISCLAIMS ANY LIABILITY WITH RESPECT TO ANY CLAIM, SUIT, OR ACTION BROUGHT BY A CONSULTANT IN CONNECTION WITH PAYMENT FOR SERVICES BY THE MEMBER AND MEMBER AGREES TO INDEMNIFY, DEFEND AND HOLD MARSIRA HARMLESS IN CONNECTION WITH ANY SUCH CLAIM. THE FOREGOING LIMITATIONS AND EXCLUSIONS WILL APPLY REGARDLESS OF WHETHER THE CAUSE OF ACTION ARISES IN CONTRACT, IN TORT, OR OTHERWISE AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY OR NEGLIGENCE.
Indemnification
Member shall defend, indemnify and hold Company, its affiliates and its and their officers, directors, employees, consultants, representatives and agents (collectively, the "Indemnified Parties") harmless from any and all losses, damages, suits, judgments, costs and expenses (including litigation costs and reasonable attorneys' fees) arising out of or in connection with any claim, suit, action, or other proceeding brought against an Indemnified Party related to: (a) any breach of any representation, warranty, covenant or agreement made or to be performed by Member according to this Agreement; (b) Member's refusal to pay for services provided by any Consultant; (c) any content Member submits, posts or transmits through Marsira.com and/or the Marsira Platform or otherwise provided by Member; and (d) Member's use of Marsira.com and/or the Marsira Platform. This section shall survive expiration or termination of this Agreement.
Copyright Policy
Marsira respects the intellectual property of others, and we ask our users to do the same. Marsira may terminate the account or access of users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work, including the location where the copyrighted work exists;
your telephone number, and email address;
a statement by you that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Marsira's Copyright Agent for Notice of claims of copyright infringement can be reached as follows:
NUVERSA TECH LTD. Legal Department
Email: copyright@Marsira.com
Miscellaneous:
Notices. Marsira may provide notices or other communications to you regarding changes to this Agreement and/or changes to any aspect of the Marsira Platform, by email to the email address that we have on record, by regular mail, or by posting on the Marsira Platform. The date of receipt shall be deemed the date on which such notice is given. Notices sent to Marsira must be delivered via express delivery or regular mail to:
NUVERSA TECH LTD.
Attn: Legal Department
71-75 Shelton Street, Covent Garden
London, United Kingdom, WC2H 9JQ
Assignment. You shall not assign your rights or obligations pursuant to this Agreement without the prior written consent of the company.
Relationship of Parties. Nothing in this Agreement shall be construed as making either party the partner, joint venture, agent, legal representative, employer, or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations, or commitments of any kind, or to take any action that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound.
Governing Law and Jurisdiction. This Agreement shall be interpreted only in accordance with the laws of England and Wales (excluding any rules governing choice of laws), and any legal proceeding arising out of this Agreement will occur exclusively in the courts located in London, England.
Entire Agreement. This Agreement (and the policies referenced herein and incorporated by reference) constitutes the entire agreement between the company and Member with respect to the subject matter hereof, and Member has not relied upon any promises or representations by the company with respect to the subject matter except as set forth herein.
Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect.