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eSafe Cyber Security Ltd

Terms and Conditions of Sale

1. Definitions & Interpretation.

Where used in these Terms and Conditions of sale:

    1. “Authorised Representative” means any person who holds the job title and office of COO or CEO.
    2. “Buyer” means any individual, person, entity, company, firm, partnership or organization that purchases Products from eSafe for use in its business or the business of a third party end-user or other customer and for use as a Consumer.
    3. “Consumer” means any individual, person, entity, company, firm, partnership or organization who is acting as a consumer (as defined by applicable law) and/or for purposes not related to his or her trade, business or profession.
    4. “Conditions” means these Terms and Conditions of Sale or any such successor terms and conditions that the Buyer is notified are in full force and effect as of the date of a Buyer may also request a copy of the most current Terms and Conditions of Sale by submitting a written request via email at info@esafe.mt
    5. “Contract” means any agreement for the purchase and sale of Products from eSafe to Buyer which result from a Purchase Order submitted to and accepted by eSafe.
    6. “Contract Date” means the date upon which a Purchase Order is accepted by eSafe.
    7. “eSafe” means eSafe CyberSecurity Ltd, with registered office in Krinagorou 19, Kapsalos, 3083, Limassol, Cyprus with number HE122027.
    8. “Force Majeure” means, without limitation, any acts of God, government, war, terrorism, riot, fire, floods, earthquakes, explosions, strikes, lockouts, cessation of labour, trade disputes, breakdowns, accidents of any kind or any other causes which are beyond the reasonable control of eSafe (including delay by its Suppliers).
    9. “Goods” means any Supplier’s goods and/or software, or any instalment or parts thereof, which are supplied by eSafe to Buyer pursuant to a Contract, including any Supplier documentation related thereto.
    10. “Products” means any combination of Goods, Special Order Goods and Services which are supplied by eSafe to Buyer pursuant to a Contract.
    11. “Purchase Order” means Buyer’s oral, written or electronic order for Products and shall include any order that Buyer places via email or facsimile.
    12. “Services” means any Supplier’s services which are supplied or provided by eSafe to Buyer pursuant to a Contract.
    13. “Special Order Goods” shall mean any Goods that are custom ordered or configured to Buyer’s specifications, or otherwise designated as special order Goods by eSafe.
    14. “Supplier” means the supplier, licensor, publisher, manufacturer or other third party provider of Products.

As used in these Conditions, (i) any reference to a statute shall be construed as a reference to that statute as amended, re-enacted or otherwise modified from time to time, (ii) the term “including” will always be deemed to mean “including, without limitation”, (iii) a definition is equally applicable to the singular and plural forms of the feminine, masculine and neuter forms of the term defined, and (iv) any headings in the Conditions are for convenience only and shall not affect the interpretation of any terms.

 

2. General Terms of Order & Sale.

  1. Every Contract between eSafe and Buyer shall be subject to the Conditions. No additional or alternative terms or conditions or any alteration to these Conditions proposed by the Buyer contained or referred to in a Purchase Order or other form submitted to eSafe shall be deemed to apply unless they are expressly accepted in writing by an Authorised Representative of eSafe with respect to that Purchase Order.
  2. eSafe will use reasonable efforts to notify Buyer of any material changes to the Conditions before they become applicable, but it is the sole and exclusive responsibility of the Buyer to ensure that it is familiar with the most current set of Conditions which apply to any Contract between eSafe and Buyer.
  3. Buyer shall be deemed to have accepted these Conditions by the earlier of: (i) signing an eSafe credit application, (ii) submitting a Purchase Order to eSafe, or (iii) accepting Products from eSafe.
  4. Notwithstanding the foregoing, Buyer agrees that eSafe’s provision of a price quotation, price list or any other information shall not be considered an offer by eSafe to sell Products at those prices or subject to any other terms and conditions. Only a Purchase Order submitted by Buyer shall constitute an offer to contract subject to these Conditions, however, a Purchase Order shall not be deemed a Contract unless and until the earlier date upon which: (i) written confirmation is provided by eSafe, or (ii) eSafe proceeds with the fulfilment of the Purchase Order.
  5. Notwithstanding the foregoing, eSafe and its Suppliers reserve the right to make any changes in the specifications of the Products, without notice to Buyer, which are required in order to conform to any statutory or other legal requirements or which do not materially affect the performance of the relevant Products.
  6. Where Services relate to the provision of training, eSafe reserves the right to provide such Services at a venue or venues other than eSafe’s premises and to provide personnel of its own selection. eSafe further reserves the right to refuse or curtail any training Services if a delegate or substitute delegate attending on behalf of Buyer fails to satisfy any training requirements for which Buyer was notified prior to the commencement of such training.
  7. Any Products which are subject to guidelines, restrictions or provisions imposed by a Supplier are sold, supplied and delivered to Buyer subject to any such guidelines, restrictions or provisions.

3. Special Order Goods.

  1. Notwithstanding anything to the contrary contained herein, if Buyer has elected to purchase Special Order Goods, Buyer understands and agrees that any Contracts for Special Order Goods may not be cancelled, withdrawn, rescheduled or otherwise modified by Buyer, and Buyer further understands and agrees that such Special Order Goods, except as set forth under Clause 12, may not be returned, refused or rejected for any reason whatsoever. Further, Buyer shall not be entitled to a credit or refund for such Special Order Goods for any reason whatsoever. Buyer shall indemnify and hold eSafe harmless for any and all delays, claims, losses, liabilities, costs or expenses related to Special Order Goods.
  2. Buyer shall be solely responsible for the accuracy of any Purchase Order submitted for Special Order Goods, including the specification, configuration or other details of such Special Order Goods and their functionality, compatibility and interoperability with other products, as well as their fitness for particular use as required by Buyer’s customer.
  3. eSafe warrants, for a period of fourteen (14) days from delivery, that any Special Order Goods will be delivered subject to the configuration set forth on the Purchase Order. eSafe ’s sole and exclusive liability, and Buyer’s sole remedy, for a breach of the foregoing warranty shall be to repair or replace, at its sole and absolute discretion, the Special Order Goods, provided, eSafe shall have no liability for any inaccuracies on a Purchase Order.

4. Cancelling & Rescheduling Purchase Orders.

  1. No Purchase Order which has been accepted by eSafe may be cancelled or rescheduled by Buyer except with written agreement by eSafe and on the condition that Buyer shall indemnify eSafe , in full, against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages and expenses incurred by eSafe as a result of a cancellation.

5. Prices.

  1. The price of Products in eSafe’s stock on the Contract Date shall be: (i) the quoted price (which shall be given formally in writing and be valid for seven (7) days following the date of quotation), where no price has been quoted or a quoted price has expired.
  2. The price of Products which are not in stock on the Contract Date (“Backordered”) shall be: (i) the quoted price (which shall be given formally in writing and be valid for seven (7) days following the date of quotation.
  3. Notwithstanding the foregoing, eSafe reserves the right, by giving notice to Buyer any time before delivery, to increase the price of Products after the Contract Date to reflect any increase in the cost of such Products that is due to any factor beyond the control of eSafe , including any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of labour, materials or other costs of manufacture, any change in delivery dates, quantities or specifications for the Products which are requested by the Buyer or any delay caused by any instructions of the Buyer or failure of the Buyer to give eSafe adequate information or instruction, but eSafe shall only increase its price by the amount necessary to reflect such an increase. Further, in the event eSafe or its agent makes a material error or omission when quoting a price, eSafe shall be entitled, for a period of thirty (30) days following the Contract Date, to increase the price of the related Products sold to Buyer by either (i) invoicing Buyer for the Buyer’s proper list price on the date of the Contract Date, or (ii) allowing Buyer to return such Products to eSafe and crediting Buyer for the fees paid by Buyer for such Products.
  4. Except as otherwise stated on a price quotation, and unless otherwise agreed in writing between the Buyer and eSafe, all prices are quoted on an Ex Works basis.

  5. All prices and charges are exclusive of the cost of packaging and delivery, insurance, configuration, fulfilment and other services, as well as applicable value added tax (VAT), sales, use, consumption, gross sales tax (GST) and other taxes (other than taxes based upon eSafe ’s net income) for which the Buyer shall be additionally liable for paying to eSafe. Buyer shall make all payments to eSafe without reduction for any withholding taxes, which shall be Buyer’s sole responsibility. All taxes shall be paid by Buyer to eSafe unless Buyer provides eSafe with a valid certificate of exemption acceptable to the appropriate taxing authority.

  6. Prices exclude any copyright levies, waste and environment fees and similar charge that eSafe by law or statute may charge or collect upon in accordance with such laws or statutes.

  7. In the event a Supplier should grant a special pricing consideration or discount to eSafe and such Supplier pricing is made available to Buyer (“Pass-Through Discounts”), the Buyer agrees to adhere to the terms and conditions of such Pass- Through Discounts (“Pass-Through Discount Terms”), and agrees to indemnify ESafe for any Supplier claims against ESafe for Buyer’s failure to comply with such Pass-Through Discount Terms. Buyer agrees that payment and receipt of benefits under Pass-Through Discount Terms are contingent upon Buyer’s compliance with such terms, and further agrees to pay any costs or fees, if any, charged to ESafe by the Supplier for participation in Pass-Through Discounts.

6. Payment.

  1. If Buyer has not been granted credit facilities by eSafe then Buyer’s payment shall be due on the date of the invoice and in advance of delivery. If Buyer has been granted credit facilities by eSafe then Buyer shall pay the purchase price, without any deduction or set-off, within thirty (30) days from the date of the invoice which shall be issued to Buyer on the date that Products are shipped. If payment is made by credit or debit card then Buyer agrees to pay all fees and service charges incurred by eSafe in handling such transactions, including fees charged by the credit or debit card company.
  2. All express deliveries are subject to additional shipping charges regardless of invoice value.
  3. Timely payment in full is of the essence of these Conditions. eSafe shall be entitled to recover any invoiced amounts notwithstanding that delivery may not have taken place whether or not title has passed to Buyer. If (i) Buyer fails to make any payment under any Contract when due; (ii) any distress or execution is levied upon Buyer’s property or assets; (iii) Buyer makes or offers any arrangement or composition with its creditors; (iv) Buyer is a body corporate and any resolution or petition to wind up Buyer’s business (other than for the purpose of amalgamation or reconstruction) is passed or presented; (n) a receiver, administrator, manager or analogous person is appointed in respect of the undertaking, property or assets of Buyer or any part thereof;
  4. Any credit note, balance or other liability issued by eSafe to Buyer (including values of Product trade-ins or promotions) shall expire, without notice, within twelve (12) months of the date of issuance by eSafe. Buyer shall be deemed to have forfeited any right to such credit amounts and shall not be entitled to a replacement or repayment of any amounts related thereto.

7. Delivery.

  1. Any dates quoted for delivery of the Products are approximate only and eSafe shall not be liable for any delay in delivery of the Products however caused. Time for delivery shall not be of the essence of any Contract unless previously agreed in writing by eSafe. Any Products may be delivered by eSafe in advance of the quoted delivery date upon giving reasonable notice to Buyer.
  2. Unless otherwise agreed in writing, delivery of the Products shall be made at eSafe’s premises upon notification to Buyer that such Products are ready for collection. Buyer shall be entitled to collect the Products any time thereafter on reasonable notice during eSafe’s normal business hours. eSafe shall have the right to assume that any person who both reasonably appears and claims to have the authority to accept and sign for delivery of the Products on behalf of Buyer does, in fact, have requisite authority from Buyer.
  3. Claims for non-delivery of Products must be made in writing to eSafe within five (5) working days from the date of invoice. In the event eSafe should agree to deliver Products directly to Buyer’s customer any such delivery shall be deemed to be made to Buyer and any refusal by Buyer’s customer to accept such delivery shall be deemed to be a refusal by Buyer.
  4. Buyer agrees to accept partial delivery of Products ordered unless otherwise mutually agreed by the parties in writing. Where the Products are delivered in instalments, each delivery shall constitute a separate Contract. Failure by eSafe to deliver any one or more of the instalments in accordance with these Conditions or any claim by Buyer in respect of any one or more instalments shall not entitle Buyer to treat a Contract as repudiated or to cancel any other instalment.
  5. If Buyer fails to take delivery of the Products or fails to give eSafe adequate delivery instructions in its Purchase Order then, without prejudice to any other right or remedy available, eSafe may: (i) store the Products until actual delivery and charge Buyer for the reasonable costs thereof, including insurance costs; or (ii) terminate the Contract forthwith and sell the Products.
  6. Buyer shall bear any and all costs (including original and return carriage costs) associated with any unjustified refusal of delivery of Products ordered pursuant to a Contract.

8. Title & Risk.

  1. Risk of loss or damage to the Products shall pass to Buyer: (i) upon delivery, or (ii) if Buyer unjustifiably fails to take delivery of the Products, at such time as delivery is tendered by eSafe. Buyer shall insure the Products for their invoice value from the date delivery is made or tendered. Notwithstanding delivery and the passing of risk in the Products, Buyer agrees that title to the Products shall not pass to Buyer until eSafe has cleared funds received as payment for the price of the Products, and all other sums which are then currently outstanding to eSafe by Buyer.
  2. Until such time as title in the Products passes to Buyer, Buyer shall (i) hold the Products as eSafe’s fiduciary agent and bailee, (ii) store all of the Products in such a way as to be clearly separate and identifiable from Buyer’s inventory, (iii) keep the Products in their original packaging, properly stored, protected, insured and identified as eSafe’s property.

9. Damage & Loss in Transit.

  1. eSafe shall not be liable in respect of error in delivery, loss, damage or destruction to any Products during transportation of the Products to Buyer unless notice thereof is advised to eSafe by telephone immediately on receipt of the Products and confirmed in writing within five (5) working days and eSafe has agreed to deliver the affected Products to Buyer in accordance with paragraph 7b. Buyer shall concurrently notify the carrier in writing of any such error, loss or damage and shall in all cases, where possible, enter a note of the same upon the carrier’s bill of lading or other delivery receipt. If by reason of Buyer’s failure to give any such notice as provided above eSafe is unable to make recovery from the carriers in respect of the error, loss or damage complained of, then Buyer shall be liable to pay for Products as though no such error, loss or damage occurred. No liability for Product shortages will be accepted by eSafe unless such shortage is noted on the bill of lading or other delivery receipt.
  2. Subject to the foregoing, any Products which eSafe has agreed to deliver to Buyer in accordance with paragraph 7b that are delivered in error or lost, damaged or destroyed during transportation will be replaced or rectified by eSafe, as originally ordered or, if rectification or replacement is not practicable, eSafe will issue a credit to Buyer equal to any payments received by eSafe for such Products. eSafe shall not be liable for any loss, damage or expense whatsoever and howsoever arising from any error, loss, damage or defect except as set forth herein.
  3. Any error, loss, damage or destruction of Product discovered by Buyer in delivery shall not entitle Buyer to rescind the remainder of a Contract.

10. Publications & Specifications.

 

Any and all specifications, descriptions, photographs, measurements, capacities or illustrations contained in any catalogues, price lists, brochures, leaflets, proposals, advertising matter, publications of eSafe or a Supplier are intended to be illustrative and approximate only and shall not form part of a Contract or constitute a representation, warranty or condition regarding any Products unless specifically agreed by written agreement between the Buyer and eSafe. No employee or agent of eSafe has any authority to make any representation regarding the Products. Buyer acknowledges that it has not been induced to accept these Conditions by any representations or statement, oral or written, not expressly contained herein.

 

11. Warranty.

  1. Buyer understands that eSafe is not the Supplier of the Products. Accordingly, all Products are sold subject to the express warranty terms, if any, specified by the original Supplier of the Products. Buyer will ensure that any express warranty terms provided with the Products, including any benefits related thereto, are passed on to its customers from the original Supplier of the Products. Any software supplied to Buyer pursuant to a Contract is supplied subject to the provisions of the Supplier’s licensing terms.
  2. Buyer may not make or pass on, and shall take all measures necessary to ensure that neither it nor any of its agents or employees shall make or pass on, any warranty or representation relating to a Product on behalf of eSafe or Supplier to its customers.
  3. Any warranties, conditions or other terms implied by statute or otherwise in connection with these Conditions (except to title, in the case of Products) are hereby expressly excluded to the fullest extent permitted by law, save for fraudulent misrepresentation.

12. Warranty Assistance.

  1. Buyer shall immediately notify eSafe if any Products supplied to Buyer prove to be defective in quality or condition within the Supplier’s warranty period (the “Claim”). Upon receipt of notification of such Claim from Buyer, eSafe shall notify Buyer whether, as a matter of Supplier policy, the Claim must be handled directly with the Supplier or indirectly through eSafe. In the event the Claim must be handled directly between Buyer and Supplier, ESafe shall provide contact information to enable Buyer to contact Supplier. In the event the Claim will be handled by eSafe, then eSafe shall provide Buyer with a return material authorization (“RMA”) for Buyer to return the Products to eSafe, and Buyer shall return such Products to eSafe in accordance with these Conditions and eSafe’s then current RMA policy (which shall be made available to Buyer upon request). No Products may be returned to eSafe without a valid RMA number displayed on the Products packaging. Any Products returned without a valid RMA number displayed on the Products packaging will be refused or returned. eSafe shall not be obligated to ship replacement Products to Buyer until eSafe is in receipt of the original Products being returned.
  2. Buyer agrees that eSafe’s sole liability to Buyer regarding any Product defect claims is limited to the administration of such claims with the Supplier and is expressly contingent upon eSafe’s ability to obtain a refund, credit or new replacement Products from the Supplier. eSafe has no obligation to accept a return of Products that fail to comply with a Supplier’s policy on Product returns.
  3. eSafe shall not be liable or responsible for administering any defect or other claim which arises from normal wear and tear, misuse, negligence, accident, abuse, use not in accordance with Supplier’s Product documentation, modification or alteration not authorised by Supplier, or use in conjunction with a third party product. eSafe reserves the right to determine whether any Products are defective.
  4. All transport charges incurred in returning or replacing Products are the responsibility of Buyer.

13. Returns.

  1. Buyer shall return Products to eSafe in accordance with these Conditions and eSafe’s then current RMA policy (which shall be made available to Buyer upon request). Any Products returned pursuant to an RMA issued by eSafe must be returned to eSafe within five (5) working days of the date of such RMA.
  2. Buyer irrevocably authorizes eSafe to carry out any necessary tasks related to the repair or replacement of Products on behalf of Buyer under these Conditions.
  3. Unless eSafe collects Products using its own carrier, Buyer agrees that eSafe shall not be liable for any loss or damage to Products returned to eSafe.

14. Limitation of Liability.

  1. Except as for wilfulness and gross negligence, eSafe’s liability for any direct loss or damage arising out these Conditions and any Contract shall be limited to, and shall under no circumstances exceed the price paid by Buyer for the Products giving rise to the claim; (excluding VAT). ESafe shall have no liability under these Conditions or any Contract if eSafe has not received payment of the total invoice price of the Products giving rise to the claim.
  2. Except as expressly provided in these Conditions, eSafe and its Suppliers shall not be liable to Buyer for any financial, consequential or other loss or damage caused to Buyer by reason of any representation, warranty (either express or implied), condition or other term, or any duty; or for any damages (including loss of profits, revenue, records or data, costs of procurement of substitute products, damage to reputation or goodwill, or any matter beyond its reasonable control) or for any other claims for compensation however caused (whether caused by the negligence of eSafe, its employees, agents, Suppliers or otherwise) which arise out of or in connection with these Conditions or a Contract hereunder, even if eSafe or its Suppliers have been advised of the possibility of such loss, liability or damages.
  3. Nothing contained herein shall be construed as excluding or limiting eSafe’s liability for death or personal injury caused by eSafe’s negligence, or for breach of implied title to Products.

15. Intellectual Property Rights.

  1. Buyer acknowledges that the Products are the intellectual property of the Suppliers. Nothing contained herein shall be deemed to grant any right or title to such intellectual property to Buyer. Buyer further agrees not to translate, reverse compile or disassemble any software and agrees to transfer to its customers a copy of any license agreements or other documents included with the Products. Buyer will not remove, alter or destroy any form of copyright notice, proprietary markings, serial numbers, or confidential legends placed upon or contained within any Products.
  2. Buyer understands and agrees that eSafe will not and has no duty to indemnify, defend or hold Buyer or a third party harmless from or against any claims, losses, liabilities, damages, costs and expenses, judgments or settlement amounts arising out of or in connection with the actual or alleged infringement of a third party’s intellectual property rights, except and only to the extent that a Supplier has expressly agreed to offer such indemnification and defence to Buyer on a pass through basis.
  3. When making proposals and agreements with foreign governments which involve any Products, Buyer will take all reasonable steps to ensure that Supplier’s proprietary rights in such Products receive the maximum protection available from such foreign government for commercial computer software and related documentation developed solely at private expense.
  4. Nothing contained herein shall be construed as authorizing or granting to Buyer any right or license to use any logo, trademark or trade name, domain names, registered or not, of eSafe or any Supplier, any license of which shall be subject to separate agreement including any then current policies of eSafe or its Suppliers, as appropriate.

16. Force Majeure.

  1. eSafe shall not be liable to Buyer or be deemed in breach of these Conditions or any Contract by reason of delay or failure to perform if such delay or failure to perform was caused by Force Majeure.
  2. In the event of a Force Majeure event: (i) eSafe shall, as soon as commercially practicable, notify Buyer of such Force Majeure event provided eSafe shall incur no liability for its failure to give such notice; (ii) eSafe’s duty to perform shall be suspended for the duration of the Force Majeure event; and (iii) the time of eSafe’s performance shall be extended by a period equal to the duration of said Force Majeure event.
  3. In the event a Force Majeure event should continue for more than ninety (90) days either party may, by written notice to the other, cancel a Contract insofar as Products remain undelivered under said Contract. Upon such cancellation, eSafe shall have no obligation to deliver and Buyer will have no obligation to accept delivery of or pay for the undelivered Products, but the Contract shall remain in full force and effect regarding all Products delivered prior to the date of cancellation.

17. Non-Solicitation.

 

For a period of twelve (12) months following the date of any Contract hereunder, Buyer hereby agrees not to solicit or induce any employee of eSafe involved in the marketing, promotion, sale or distribution of Products to Buyer to leave their employment or terminate or breach their contract for services with eSafe as the case may be, and Buyer shall not appoint, engage, contract or employ such employee in Italy to provide services to Buyer. In the event Buyer should breach this Clause, Buyer agrees to pay eSafe, by way of penalty, a lump sum representing forty percent (40%) of the employee’s annual salary (excluding benefits) and Buyer hereby agrees that such sum is a genuine and reasonable pre-estimate of eSafe’s loss. In addition to the penalty, eSafe expressly reserves the right to claim higher damages.

 

18. Confidential Information.

 

Buyer agrees that these Conditions, including any Contracts, and all Product related information including pricing and descriptions which are provided by eSafe to Buyer, regardless of the form in which it is provided, are considered confidential information of eSafe and its Suppliers (“Confidential Information”). Buyer shall hold such Confidential Information in strict confidence and not use or disclose such Confidential Information to any third party except as required by law. Buyer further agrees to limit access to such Confidential Information to those of its employees who have a need to know and are subject to written obligations of confidentiality at least as protective of the Confidential Information as these Conditions. All Confidential Information is provided “AS IS” without any representation or warranty, either express or implied, as to accuracy or completeness. eSafe agrees to hold, in strict confidence, and not disclose to a third party any sensitive information provided by Buyer which is marked as confidential, proprietary or using similar terms.

 

19. Miscellaneous.

  1. Assignment. Buyer may not transfer or assign these Conditions to a third party by operation of law or otherwise without the prior written consent of eSafe.
  2. Waiver. Failure of eSafe to enforce any provision of these Conditions or a Contract shall not be deemed a waiver of the right to thereafter enforce that or any other provision of these Conditions or a Contract.
  3. Severability. In the event that any provision of these Conditions is held by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions of these Conditions will remain in full force and effect.
  4. Audit Rights. Buyer shall keep and maintain true and complete records pertaining to its performance of these Conditions or any Contract hereunder in sufficient detail to permit eSafe to accurately determine whether Buyer has fully complied with their terms. Buyer shall make such records available upon reasonable notice, during regular business hours, for inspection and copying by eSafe and its representatives. Buyer shall maintain such records for at least two (2) years after the end of the calendar year to which they pertain.
  5. Marketing. Buyer agrees that eSafe may collect, store and use Buyer data, including personal data, for the purpose of facilitating its marketing and sale of the Products, and Buyer hereby consents to such collection, storage and use of Buyer data by eSafe for these purposes. Notwithstanding the foregoing, eSafe agrees not to share personal data with third parties without Buyer’s prior consent. Buyer further consents to the use of such data for communicating Product and promotional information to Buyer via email or other electronic means unless Buyer notifies eSafe in writing that it does not wish to receive such promotional information.
  6. Choice of Law & Venue. These Conditions shall governed by the laws of Cyprus, and Buyer hereby agrees to submit to the exclusive jurisdiction of the Cyprus courts.