Terms of Service

These terms of service comprise a legal agreement between you and Pounding Water and govern your use of our products and services. By using our products you are agreeing to be bound by these terms of service and agree that you are responsible for compliance with any applicable law. If you refuse to accept these terms please do not use any of our products.

Business Use Only

Our products are designed and provided for business use. By using our Services, you confirm that you are acting in a business capacity. These Terms are a commercial contract. Consumer protection laws and regulations may not apply to your use of our services.

Governing Law and Jurisdiction

These Terms of Service and any disputes arising out of or related to your use of our products shall be governed by and construed in accordance with the laws of England and Wales, without regard to conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts of England and Wales for the resolution of any disputes.

Access

Access to our products is provided depending on the product type and Pounding Water‘s sole discretion. Where collection of data is concerned the “ACCESS”, if available, is only authorized to the representative and he/she will be responsible for further assigning access.

Service Requirements

Use of our product mostly requires compatible hardwares devices (fees may apply), an Internet access (fees may apply), and may require obtaining updates or upgrades for time to time. Due to these dependencies the performance of our product may vary. A good internet connection and up-to-date hardware devices are highly recommended.

Agreement

Your use of JholaXL or any of our products subject to terms of service, including, and without limitation to confidentiality provisions.

You agree to provide current, accurate, and complete information required by the product/service you are using. In the event of any conflict between these Terms of Service, this agreement shall govern.

Your Account

As a registered user you are solely responsible for maintaining the confidentiality and security of your account. Revealing sensitive information is not recommended. You agree to immediately notify JholaXL or our product‘s service department (contact information will be provided within the product itself) in case of a breach in your account.

Account Responsibility and Sub-Accounts

You are fully responsible for all activities that occur under your account, including actions taken by any sub-accounts, employees, agents, or third parties to whom you grant access. This includes, but is not limited to, orders placed, data modifications, deletions, and any other actions performed within the system. You agree to ensure that all users with access to your account comply with these Terms of Service. JholaXL shall not be liable for any losses or damages resulting from unauthorized or improper use of your account by your staff, sub-users, or any person accessing the Services through your credentials.

Disclaimer and "As-Is" Service

JholaXL is provided on an "AS-IS" and "AS-AVAILABLE" basis. We make no warranties, express or implied, regarding the Services, including but not limited to:

• JholaXL does not guarantee, represent, or provide warranty that your use of our product will be uninterrupted, timely, secure, or error-free.
• In no case shall JholaXL guarantee that our product will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion. JholaXL will take no related liability in such a case.
• We do not warrant that the Services will meet your specific business requirements or that any defects will be corrected.
• We make no guarantees regarding the accuracy, reliability, or completeness of any content, data, or information provided through the Services.

Limitation of Liability

To the maximum extent permitted by law, JholaXL and its directors, employees, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or business opportunities arising from or related to:

• Your use or inability to use the Services;
• Any business losses, including but not limited to missed deliveries, late orders, inventory discrepancies, or financial losses;
• System outages, downtime, or technical failures;
• Errors, bugs, or inaccuracies in the Services;
• Unauthorized access to or alteration of your data;
• Any other matter relating to the Services.

This limitation applies regardless of the legal theory upon which the claim is based, whether in contract, tort (including negligence), strict liability, or otherwise, even if JholaXL has been advised of the possibility of such damages.

In jurisdictions that do not allow the exclusion or limitation of liability for consequential or incidental damages, JholaXL's liability shall be limited to the maximum extent permitted by law. In no event shall JholaXL's total liability to you for all damages exceed the amount paid by you to JholaXL in the twelve (12) months preceding the claim.