Terms Of Use

THESE TERMS OF USE APPLY TO ALL USERS, BY VIEWING AND USING A SITE YOU WILL BE DEMMED TO AGREE TO THESE TERMS OF USE, THE PRIVACY POLICY AND EULA WITHOUT QUALIFICATION. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE. THE PRIVACY and THE EULA END USER LICENSE AGREEMENT THEN YOU MUST STOP ACCESSING AND USING THE SITES.

Ownership of the Site and its Contents. This Web site CGARTBIN is owned and operated by GOHITAH LTD. T/a cgartbin (“gohitah”). Access and use of this CGARTBIN Web site is provided by GOHITAH LTD to the user on the condition that he/she accepts and agree with the Terms of Use, and by accessing or using this Web site, you agree to these Terms of Use of the site. If you do not agree with current Terms of Use, you should not access or use this Web site. 
Cgartbin retains the right to revise and update these Terms of Use at anytime and without notice and notification of the user. The user agrees that to gain full and cautioned to review the Terms of Use section posted on the Web site periodically. User continued and ongoing access or use of this Web site after publications of any such possible changes are posted will constitute your acceptance with effective changes.
The User has no right to interfere in the Site security provision or, in any other similar way, to use the Site or other system resources, networks and services accessible through or connected to the Site in a corrupt manner. The User agrees to use the Site entirely within the lawful and intended limits.

1. USE OF THE SITE

This site the CGartbin its contents (the "Content") are intended for customers of CGartbin. You may not use this Web site or the Content for any purpose not related to your business with CGartbin. You are specifically prohibited from: (a) downloading, copying, or re-transmitting any or all of the Web site or the Cgartbin Content without, or in violation of, a written license or agreement with Cgartbin; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the Web site or the Content by using framing or similar navigational technology; (d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any CGartbin product or service if you are not expressly authorized by such party to do so; and (e) using the Web site or the Content other than for its intended purpose. User represent and warrant that user will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical information data exported from the site CGartbin or the present country and as well as which you reside.
You may not interfere with the security of, or otherwise abuse this Web site or any scheme method resources, services or networks connected to or accessible through this Web site. You may only use this Web site for lawful purposes.

2. INTELLECTUAL PROPERTY

All of the CGartbin Site assets and materials, including the system of organization and presentation of the files at the Cgartbin web Site, are the property of Gohitah Ltd t/a CGartbin  and its shareholders and are protected by legal and subordinate acts relating to intellectual property including but not limited to copyright laws and trade-marks, trade-names, internet domain names, and other similar rights.
In case of absence of a separate written agreement with CGartbin (such as the Standard License Agreement), unconditioned use of the files offered at the Site without written permission of Cgartbin is prohibited.
The Materials and files available at the Site may be copied and used for private use by the User solely for non-commercial or educational purposes only. Also, it is forbidden to change the files in any way (for example, coping images, remaking, and hide copyright marks). The User has no right to create derivative works from the files presented at the Site or use them otherwise.

3.USER SUBMISSIONS AND CONDUCT

As a CGartbin account holder you may submit 'User Submissions'. User Submissions collectively relates to textual content, ('User Comments') and products submissions content ('User Products'). Whether or not such User Submissions are published, you understand that CGartbin does not guarantee any confidentiality with respect to any User Submissions.

You shall be solely responsible for the consequences of posting or publishing your own User Submissions, text, information, data, software, photographs, graphics, video, music, sound, messages or other materials (“Content”), and as such, you affirm that you own or have the necessary consents, permissions to use, rights and licenses, and authorize CGartbin to use all trademark, trade secret, copyright, patent or other proprietary rights in User Submissions to allow inclusion of the User Submissions as required by the Website and these Terms of Service.
 You retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to the CGartbin website, you here by grant CGartbin to display  your product in CGartbin marketplace based on using royalty program , Exclusive or non-exclusive,  license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the CGartbin Website (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the CGartbin Website.

You agree that you will not submit User Submissions that are copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant CGartbin  all of the license rights granted herein.

You agree that you will not submit material that is contrary to applicable local, national, and international laws and regulations, or contrary to the CGartbin

CGartbin does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and CGartbin site expressly disclaims any and all liability in connection with User Submissions. CGartbin does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and CGartbin will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. CGartbin the right to remove Content and User Submissions without prior notice.

4. SECRECY & CONFIDENTIALITY

CGartbin is committed to respecting the confidentiality of private and personal information of all cooperating parties and whom we interact. For more information about the procedure of collection, use and disclosure of the User’s confidential information, refer to the Privacy Policy. The User is advised to become familiar with this document. Please see our website  Privacy policy for further details.

5. CURRENCY OF WEBSITE

CGartbin updates the information on this Web site regularly cautioned to review the Terms of Use section posted on the Web site periodically. However, CGartbin cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information on this Web site. CGartbin may revise, supplement or delete information, services and/or the resources contained in the Web site and reserves the right to make such changes without prior notification to past, current or prospective visitors.

6. SITE UPDATES

CGartbin regularly updates technical, content and other information on the Site. Nevertheless, CGartbin makes no claim guaranteeing the completeness, accuracy and compliance of the information given at the Site. CGartbin is able to add, review or delete information, resources and services posted on the Site. Also, CGartbin reserves the right to make changes to the Site without prior notification.

7. BANNERS & LINKS TO OTHER SITES

There may be links to third-party sites on the Site. Such links are given solely for the User’s convenience. Their presence does not mean that they are recommended or endorsed by CGartbin. Also, CGartbin does not warrant their safety and accordance with the User’s expectations. CGartbin shall not bear any liability in case of any damages or losses, direct or implicit, due to a visitation originating from CGartbin, or to the use of banners and links or services available from third-party sites.

8. INTERNET SOFTWARE AND COMPUTER VIRUSES

At times, troubleshoot, site failures may happen due to Internet connection, software operation, data transmission, improvements, site re constructions, etc., and it is possible that incorrect or incomplete copy of the information contained at the Site pages may occur. Similarly, the Site pages may contain malicious code or programs infected with computer viruses.
CGartbin is not responsible and bears no liabilities connected to the work of any software, the presence of any computer viruses or other elements with malicious code, the presence of destructive or unsafe files that can be distributed or otherwise affect software and hardware upon the User’s review of the Site, the access to any information on the Site, or the downloading of any files from the Site. CGartbin strongly encourage the use of anti-virus software or other protective programs during interaction with all web sites.

9. WEB SITE AND FILE FORMAT “AS IS”

The Site content and the Site itself are provided for review and use without any personal interference from the side of the Site holders (except pre-moderation), conditions and warranties of any kind, expressed or implied. These warranties include conditions and warranties of merchantability. CGartbin does not guarantee that the Site content, its work or the Site as a whole will meet the expectations and requirements of the User, nor that the process of its usage will be faultless and without interruption for reason.

10. LIMITATION LIABILITY

The User confirms that he/she understands and takes responsibility and assumes all risk resulting from the use of the Site and materials including without limitations any of the information contained therein.
In no event shall  Gohitah LTD t/a CGartbin and also its employees, management, partners, shareholders, and agents do not bear responsibility for failures of any kind or shutdown of the Site resulting in loss of business information, profit or other financial losses due to claims of any kind, losses, damage, action, petitions, actions or other events occurring due to validity of these Terms of Use, including without limitations the Site navigation, use, access to any files or their parts, as well as any rights including even in the event CGartbin was advised of the theoretical possibility of such damages, irrespective of whether the occurring event and damage were the result of infringement on intellectual or any other property, based on a breach of law, negligence, contract liabilities or other similar cases and situations, or not.

Total aggregate liability of CGartbin in connection with the use of the Site, in whole or in part, or the Use or exploitation of any or all part of this web site or the materials in any manner whatsoever its content in money equivalent shall not exceed NZ $5.00.

11. INDEMNIFICATION

Consenting to the terms of this Agreement, the User agrees to indemnify, defend and hold Gohitah LTD t/a CGartbin harmless against all claims, its affiliates, its Content contributors and their respective directors, officers, employees, shareholders, partners and agents (collectively, the "CGartbin parties") harmless from and against all claims, liability, losses, damages, costs and expenses (including reasonable legal fees) incurred by any CGartbin Party as a result of, or in connection with, any breach or alleged breach by the User or anyone acting on the User’s behalf of any of these terms of use agreement.

12. NOTICES; MODIFICATION AND TERMINATION OF SERVICES; AMENDMENT OF TERMS

CGartbin may provide notice to you via email, regular mail, or posting notices or links to notices on the Website. CGartbin reserves the right at any time to modify, suspend or terminate the Services (or any part thereof), and/or your use of or access to them, with or without notice. CGartbin may also delete, or bar access to or use of, all related Information and files. CGartbin will not be liable to you or any third-party for any modification, suspension, or termination of the Services, or loss of related information. CGartbin may amend these Terms at any time by posting the amended terms on this Website.

13. ADVERTISEMENTS AND PROMOTIONS

CGartbin may run advertisements and promotions from third parties on the Website. Your correspondence or business dealings with, or participation in promotions of, advertisers other than CGartbin found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. CGartbin is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-CGartbin advertisers on the Website.

14. NOTIFICATION AND PROCEDURE OF MAKING CLAIMS OF INFRINGMENT

CGartbin respects copyright of others, intellectual property laws and expects all users to follow the same principles. In the event if User believes his/her  work  intellectual property has been copied and used in violation of his/her rights or User’s intellectual property rights have been breached otherwise, he/she should submit a written communication to addressed to CGartbin including the following information:

• Physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• Description of the copyrighted work or other kind of intellectual property belonging to the owner that the User claims has been infringed;
• A description of where the material that you claim is infringing is located on the web site place at the Site where this material was placed;
• User  e-mail address, phone number and physical address;
• The User’s application including a reasonable supposition that the disputed usage is not allowed by the law or copyright owner;
• A statement by you, to one made under penalty of perjury that the above information presented by the User is reliable and correct and that the statement author is a person who is authorized to act on behalf of the copyright owner or is the owner himself/herself.

Please address the letter including all of the above data should be addressed to the CEO of CGartbin and submitted through Contact us or by e-mail at support@cgartbin.com.

15. APPLICABLE LAW

This Web site is controlled, managed and administered by Gohitah Ltd. trading as CGartbin from within the Province of Bay of plenty, New Zealand. This Web site can be accessed from all provinces and territories of New Zealand, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of the Province of Bay of plenty, by accessing this Web site, User acknowledge and agrees that all matters relating to access to, or use of this Web site shall be governed by the laws of the Province of Bay of plenty and the federal laws of New Zealand applicable therein (without reference to conflicts of laws principles).
The User also agrees that any disputes arising as a result of this Agreement being wholly or partially unenforceable will be voluntarily settled through negotiations and, in case of failure to come to an agreement, by judicial process.

16. GENERAL PROVISION

CGartbin failure to insist upon or enforce strict performance of any provision of this agreement Terms of Use shall not be construed as a waiver of any provision or right. If any provision or part thereof of these Terms of Use is wholly or partially unenforceable the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof.
The parties have requested that these Terms of Use and all documents relating there to be drawn up in English.

17. ACCOUNT TERMINATION POLICY

If determined to be a repeat infringer, a User's access to the Website will be terminated by the CGartbin.
CGartbin reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service. For violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, Cgartbin  may remove such User Submissions and/or terminate a User's access for uploading such material, without prior notice and at its sole discretion.

18. CONTACT

If you have concerns relating to this website or any questions in connection with the provisions of this document, please contact CGartbin using the below contact information.
Contact information:
E-mail: support@cgartbin.com.
Or use this link Contact Us.

19. ACKNOWLEDGEMENT

IN ACCEPT THIS AGREEMENT, THE USER HE/SHE ACKNOWLEDGES THAT THE USER HAS READ THIS AGREEMENT ENTIERLY, UNDERSTANDS IT, AND HAD AN OPPORTUNITY TO INQUIRE ABOUT NDEPENDENT LEGAL ADVICE PRIOR TO AGREEING TO IT. IN CONSIDERATION OF CGARTBIN AGREEING TO PROVIDE THE CONTENT, USER AGREES TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. USER FURTHER AGREES THAT THIS IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN USER AND CGARTBIN, WHICH SUPERSEDES ANY PROPOSAL, OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN USER AND CGARTBIN RELATING TO THE SUBJECT OF THIS AGREEMENT.