If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Eastwestcollections.com with respect to the Eastwestcollections.com sites/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Eastwestcollections.com with respect to the Eastwestcollections.com sites/services. Eastwestcollections.com’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing” or “crashing;” (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Eastwestcollections.com will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from Eastwestcollections.com on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
You understand that by using this Site or any services provided on the Site, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Site and any service at your sole risk and that to the fullest extent permitted under applicable law, East West Collections and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.
CREDIT CARD DETAILS
You agree, understand and confirm that the credit card details provided by you for availing of services on Eastwestcollections.com will be correct and accurate and you shall not use the credit card which is not lawfully owned by you, i.e. in a credit card transaction, you must use your own credit card. You further agree and undertake to provide the correct and valid credit card details to Eastwestcollections.com. Further the said information will not be utilized and shared by Eastwestcollections.com with any of the third parties unless required for fraud verifications or by law, regulation or court order. Eastwestcollections.com will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on you and the onus to ‘prove otherwise’ shall be exclusively on you.
We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
FRAUDULENT /DECLINED TRANSACTIONS
Eastwestcollections.com reserves the right to recover the cost of goods, collection charges and lawyers’ fees from persons using the Site fraudulently. Eastwestcollections.com reserves the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or acts or omissions in breach of these terms and conditions.
MODIFICATION OF TERMS & CONDITIONS OF SERVICE
Eastwestcollections.com may at any time modify the Terms & Conditions of Use of the site without any prior notification to you. You can access the latest version of the User Agreement at any given time on Eastwestcollections.com. You should regularly review the Terms & Conditions on Eastwestcollections.com In the event the modified Terms & Conditions is not acceptable to you, you should discontinue using the service. However, if you continue to use the service you shall be deemed to have agreed to accept and abide by the modified Terms & Conditions of Use of this site.