Terms and Conditions
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (“Products“) listed on our website Promo Direct (“our site“) to you or ordered via our call centre or by mail. Please read these terms and conditions carefully before ordering any Products from us. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
1. INFORMATION ABOUT US
Promo Direct registered office at Promo Direct, Daws house, 33-35 Daws Lane, London, NW7 4SD
No Credit Card numbers are held within this web site or the associated back-office systems used to process your orders within Promo Direct. For future reference to help us communicate with you, the first few and/or last digits only of the Credit Card number are kept by us.
4. YOUR STATUS
By placing an order through our site, you warrant that:
4.1.1 You are legally capable of entering into binding contracts; and
4.1.2 You are at least 18 years old.
5. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
5.1 After placing an order via our site, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will notify where a Product may not be available of be delayed.
5.2 The Contract will relate only to those Products not notified as out of stock or delayed. We will not be obliged to supply any other Products which may have been part of your order until the Products are available and the dispatch of such Products can be confirmed.
6. AVAILABILITY AND DELIVERY
In so far as delivery of goods is concerned, time shall not be of the essence of the contract.
Whilst every effort is made to deliver/dispatch the goods timeous as indicated on any specific date the Client shall not be entitled to cancel any order(s) by reason of delay. Promo Direct shall not be liable to any damages for failure to complete delivery/dispatch timeously for any reason whatsoever. Lead times will be deemed to commence at the date Promo Direct receives signed off artwork from the client and payment in full. Deliveries will occur between 8am to 5.30pm Monday to Friday. No deliveries will take place at weekends unless agreed.
Delivery costs may change due to the number of locations and actual location
7. RISK AND TITLE
7.1 Risk or damage to a loss of the Goods will pass to the Client at the time that the Client collects or, where Promo Direct is to deliver the Goods to the Client, at the the time when Promo Direct makes delivery.
8. PRICE AND PAYMENT TERMS
8.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
8.2 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an order acknowledgement.
8.3 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
8.4 In order to keep our costs competitive payment is on a pro-forma basis by credit/debit card through a protected gateway, Sagepay. In exceptional circumstances a 30 day credit account may be available. Credit account terms start from the date of delivery of goods. Credit terms maybe granted subject to credit approval. If an account is granted and payment terms are not adhered to then all orders will revert to pro-forma.
8.5 Typographical and pricing errors: In the event a product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, we shall have the right to refuse to meet or to cancel any orders placed for that product or service whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we shall immediately issue a credit to your credit card account in the amount of the charge.
9. OUR REFUNDS AND CANCELLATION POLICY
9.1 Promo Direct does not offer a refund policy since the goods are sold for promotional or uniform uses and cannot be exchanged.
9.2 A charge of 25 percent of the total order will be made on all cancelled orders with the charge for all work carried out up to date of when written cancellation is reached to Promo Direct. In addition, Promo Direct reserves the right to add a disposal fee to the cancellation charge where applicable.
10. OUR LIABILITY
10.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality.
10.2 Our liability in connection with any Product purchased through our site is strictly limited to the purchase price of that Product.
10.3 This does not include or limit in any way our liability for death or personal injury caused by our negligence or for fraud or your statutory rights as a consumer.
10.4 We accept no liability for any loss or damage caused by us or our employees or agents:
10.4.1 where there is no breach of a legal duty of care to you by us or by any of our employees or agents;
10.4.2 where such loss or damage is not a reasonably foreseeable result of any such breach;
10.4.3 for any increase in loss or damage resulting from breach by you of any terms of this contract.
10.5 Any claims arising from damages, delay or partial loss in transit must be made in writing within 3 days of receipt of the goods. All claims with regard to quality or quantity of goods must be made in writing within 3 days of receipt of the goods.
10.6 Promo Direct shall not be liable to any claims in respect of damage or loss to goods whilst in transit, unless loss or damage is made in writing at the time of delivery.
10.7 Any courier shall be deemed an agent of the client and all risk in the goods shall pass to the client upon delivery to the client or such agent as the case maybe.
10.8 Any claims for non delivery must be made in writing within 3 days from receipt of the invoice.
11. IMPORT DUTY
11.1 If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
11.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
12. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Promo Direct at Promo Direct, Daws house, 33-35 Daws Lane, London, NW7 4SD or [email protected]. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in paragraph 11. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
14. TRANSFER OF RIGHTS AND OBLIGATIONS
14.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
14.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
14.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
15. EVENTS OUTSIDE OUR CONTROL
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event“).
15.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
15.2.1 Strikes, lock-outs or other industrial action.
15.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
15.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
15.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
15.2.5 Impossibility of the use of public or private telecommunications networks.
15.2.6 The acts, decrees, legislation, regulations or restrictions of any government.
15.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
16.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
16.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
16.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 11 above.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
18. ENTIRE AGREEMENT
18.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
18.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
18.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
19. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
19.1 We have the right to revise and amend these terms and conditions from time to time.
19.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Products (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
20. LAW AND JURISDICTION
Contracts for the purchase of Products through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England.
21. INTELLECTUAL PROPERTY
The content of Promo Direct is protected by copyright, trademarks, database and other intellectual property rights. You may retrieve and display the content of Promo Direct on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content Promo Direct without written permission.
22. RESTRICTIONS ON USE
You may not use the site Promo Direct for any of the following purposes:
disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material
transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice
gaining unauthorised access to other computer systems
interfering with any other person’s use or enjoyment of Promo Direct
breaching any laws concerning the use of public telecommunications networks
interfering or disrupting networks or websites connected to Promo Direct
making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner
You will indemnify us against all losses, liabilities, costs and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgment by a court of competent jurisdiction and all settlements sums paid by us as a result of any settlement agreed by us arising out or in connection with:
any claim by any third party that the use of Promo Direct by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;
any claim by any third party that the use of Promo Direct by you infringes that third party’s copyright or other intellectual property rights of whatever nature; and
any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of Promo Direct by you.
Other than claims arising from the use by you of the site to order product(s) in the normal manner
Our products are not intended to treat, cure or prevent any disease, nor is the information supplied in our magazine/catalogue intended to replace the individual advice available from your own doctor. If you have a recurring health problem that worries you, always tell your GP. If you are taking a prescription medicine, please consult your doctor or pharmacist before taking a supplement. If you experience an adverse reaction, stop taking the supplement and seek medical advice.
24. OVERDUE INVOICES
Should any money be outstanding for any invoice (either on pro-forma or past the credit account terms date) then delivery of the goods will not take place. Interest is charged to the client at 20 percent p.a (charged at 0.0548% daily rate).
25. QUANTITY CHANGES
Any changes to quantity must be made in writing prior to when manufacturing commences. Should manufacturing commenced the order will be charged at piece rate.
26. COLOUR VARIATIONS
Due to the different materials, print processes and screen adaptation of colours we cannot match Pantones 100 percent and Promo Direct will do everything to get as close as possible but will not be liable for any discrepancy to colour matching.
27. THE GOODS
Promo Direct reserves the right to alter any details or design of products illustrated without prior notice and while every effort is made to describe our goods accurately on the web/literature no warranty is given to as to accuracy and no responsibility will be accepted for error or samples/examples of previous products in advertising print, on our website, in catalogues, at trade shows, in client meetings or in any other situation that Promo Direct chooses to showcase past completed orders.
28. QUOTATIONS & CONTRACTS
28.1 Orders are accepted subject to our right to adjust prices quoted to take account of any changes in the Law or Government regulations requiring us to increase prices by way of Tax’s, import duties, customs and exise duties or otherwise. The Prices are based on today’s current costs of production and in the event of any increase in wages or costs of materials to us occurring after the conformation or accepted contract.
28.2 If the client is unsure about how many colours are in their branding and make payment then Promo Direct have the right to alter the total price after payment is made.
Ratings and Reviews
Ratings and Reviews on Promo Direct are intended to allow customers who have purchased and taken a product to give public feedback about that product and their experience with it.
1. Acceptance of user generated content access
This Agreement sets forth the legally binding terms for your use of the Services. Only private individuals aged 18 years or over are permitted to register for use of the Website and to use the Services. By using the Services, and in consideration of Provider providing the Services to you, you agree to be bound by this Agreement, whether you are a Visitor or a Website Member. Only Website Members are entitled to access areas of the Website restricted to Website Member only access except and to the extent that Provider otherwise expressly consents in writing. You are only authorized to use the Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Website and discontinue use of the Services immediately. If you wish to register to become a Website Member and make use of the Services available only to Website Members, you must read this Agreement and indicate your acceptance during the registration process. Availability of the Website will commence on a date determined by Provider.
2. Use of services and additional terms
This Agreement includes Provider’s policy for acceptable use of the Services and content posted on the Website and your rights, obligations and restrictions regarding your use of the Services.
Provider may modify this Agreement from time to time and such modification shall be effective upon posting by Provider on the Website. We will provide a clear link within the Website to the then current Agreement. You agree to be bound by any changes to this Agreement when you access the Website or use the Services after any such modification is posted. If you do not agree to be bound by them, you should not use the user generated area of the Website or the Services.
4. Unacceptable content
4.1 Please choose carefully the information you post on the Website and that you provide to other Users. Your Website profile and other Content submitted by you to the Website may not include the following items: telephone numbers, street addresses or other contact details or identifying information of private individuals, contact details of public figures and any photographs containing nudity, or obscene, lewd, violent, sexually explicit or otherwise objectionable subject matter
5. Password and screen name
5.1 When you sign up to become a Website Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, screen name, or password of another Website Member at any time or to disclose your password to any third party. You agree to notify Provider immediately by emailing [email protected] if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
5.2 Your screen name and password are personal to you and must not be transferred or shared. Your screen name and password may only be used to access the Website and/or the Services from one device at a time.
5.3 When you subscribe you will have to choose a “display name” if you wish to post and interact with our user generated content functionality. The display name is not editable once you have chosen it and its assigned to you as a user. You may change your email address, and password at any time in the My Account section of the Website.
5.4 You may not select as your display name the name of another person with the intent to masquerade as that person or use a screen name that Provider in its sole discretion deems offensive.
5.5 You are entitled to use and access the Websites and/or Services registered for or subscribed to in accordance with this Agreement and other terms and conditions applicable to the Services until your subscription is terminated in accordance with the applicable terms and conditions.
6. Proprietary rights in content on the website
6.1 Provider does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, or any other materials that you post or email to the Website or the Services (collectively, “Content”). After posting or emailing your Content to the Website or the Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use such Content in any way you choose. By displaying, emailing, publishing or submitting for display or publication (“posting”) any Content on or through the Website or the Services, you hereby grant to Provider a Worldwide sub-licensable, perpetual, transferable, non-exclusive, royalty free licence to use in any way whatsoever including but not limited to, public performance, public display, publishing, reproduction, broadcasting, amendment or modification of Content, transmission and distribution of Content on and through the Website, the Services and/or any newspaper or other publication published by Provider in its different present and future forms for example newsprint, Braille, talking book, electronic databases, e-paper, website mobile application or any other facsimile or derivative versions in any medium. The rights granted include without limitation the right to license photocopying, scanning, downloading in electronic or other forms and other normal use for the purpose of information or study or as otherwise permitted by copyright law.
6.2 You represent and warrant that: (i) you own the Content posted by you on or through the Website or the Services or otherwise have the right to grant the licence set forth in this section, and (ii) the posting of your Content on or through the Website or the Services does not violate the privacy rights, copyright, contract rights or any other rights of any person, or otherwise breach any injunction, order or other legal ruling. You agree to pay for all royalties, fees, and any other monies owing to any person by reason of any Content posted by you to or through the Website or the Services. You acknowledge that Content submitted will not be returned.
6.3 The Website and/or the Services contain Content owned by Provider (“Provider Content”). The Provider Content is protected by copyright, trademark, patent, trade secret and other laws. Provider owns and retains all rights in the Provider Content and the Website and the Services. Provider hereby grants you a limited, revocable, non-sublicensable license to retrieve and display the Provider Content (excluding any software code) solely for your personal, non-commercial use to the extent necessary to view the Website and make reasonable use of the Services.
6.4 The Website and the Services contain content owned by Users and other licensors to Provider (“Third Party Content”). Except for Content posted by you and in which you retain ownership rights, you may not unless and to the extent otherwise specifically authorised by Provider copy, modify, translate, publish, reproduce, commercially exploit, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the Website or the Services. You may retrieve and display content from the Website or the Services on a computer screen, print a single copy of individual pages on paper, and store such pages in electronic form for your personal con-commercial use to the extent necessary to view the Website and make reasonable use of the Services.
7. Content posted
7.1 Provider may delete, or in pre-moderated areas of the Website refrain from posting any content that in the opinion of Provider violates this Agreement breaches any relevant House Rules or which may be offensive, illegal or violate the rights of any person or which may harm, or threaten the safety of any person. Except to the extent which cannot be excluded or limited by law or regulation in respect of content on the Website which we moderate before posting, Provider assumes no responsibility for monitoring the Website or the Services for inappropriate content or conduct. If at any time Provider chooses, in its sole discretion, to monitor the Website or the Services, except as required by law or regulation, Provider nonetheless assumes no responsibility for the content (other than Provider Content), no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the User submitting any such content.
7.2 You are solely responsible for the Content that you post on or through the Website or any of the Services, and any material or information that you transmit to other Users and for your interactions with other Users. Provider does not endorse and has no control over content posted by Users. Content is not necessarily reviewed by Provider prior to posting and does not necessarily reflect the opinions or policies of Provider. Provider makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit.
7.3 Where the Provider can see that a product review has been submitted by someone who has not purchased that product, the Provider may block that review. In all cases of a review being blocked, the user will be contacted to explain the reason for the block.
8. Content/activity prohibited
8.1 The following is a partial list of the kind of content that is illegal or prohibited to post on or through the Website or the Services. Provider reserves the right to investigate and take action against any User who, in the opinion of Provider, violates this provision. This may include, without limitation, removing the offending communication from the Website or the Services, preventing access to the Website and the Services and/or terminating access, the Website Membership of such violators and/or reporting to law enforcement authorities or regulatory bodies. Prohibited content or activity includes, but is not limited to content or activity that, in the opinion of Provider:
8.1.1 is offensive;
8.1.2 promotes racism, terrorism, hatred or physical harm of any kind against any group or individual or links to websites that promote the same;
8.1.3 harasses or advocates harassment of another person;
8.1.4 exploits people in a sexual or violent manner;
8.1.5 contains pornography, violence, or offensive subject matter or contains a link to an adult website;
8.1.6 solicits personal information from anyone under 18;
8.1.7 provides any telephone numbers, street addresses, last names, email addresses or other contact or identifying details of any private individual;
8.1.8 provides any telephone numbers, street addresses, email addresses or other contact details of any public figure;
8.1.9 promotes information that you know or have reason to believe is false or misleading or promotes illegal activities or conduct that is objectionable, abusive, threatening, obscene, defamatory or libellous;
8.1.10 promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files or file sharing;
8.1.11 involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
8.1.12 contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
8.1.13 furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
8.1.14 solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; or
8.2 The following is a partial list of the kind of activity that is illegal or prohibited on the Website and through your use of the Services. Provider reserves the right to investigate and take appropriate legal action against anyone who, in the opinion of Provider, violates this provision, including without limitation, reporting such person to law enforcement authorities. Prohibited activity includes, but is not limited to:
8.2.1 criminal activity or any tortuous act or civil wrong, pornography, incitement to racial hatred, incitement to terrorism, fraud, posting obscene material, drug dealing, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, trade mark infringement, breach of confidence or theft of trade secrets;
8.2.2 advertising to, or solicitation of, any User to buy or sell any products or services through the Services. You may not transmit any chain letters or junk email to other Users. It is also a violation of these rules to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent. User may not use, advertise or solicit any content for commercial gain or use.
8.2.3 covering or obscuring the banner advertisements on your personal profile page, or any page on the Website via HTML/CSS or any other means;
8.2.4 any automated use of the system, such as using scripts to perform automated operations;
8.2.5 interfering with, disrupting, or creating an undue burden on the Website or the Services or the networks or services connected to the Website of the Services;
8.2.6 attempting to impersonate another Website Member or person;
8.2.7 using the account, screen name, or password of another Website Member at any time or disclosing your password to any third party or permitting any third party to access your account;
8.2.8 selling or otherwise transferring your profile;
8.2.9 using any information obtained from the Website or the Services in order to harass, abuse, or harm another person;
8.2.10 displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Website of the Services on behalf of that person, such as placing commercial content on your profile, or sending private messages with a commercial purpose;
8.2.11 using the Website or the Services in a manner inconsistent with any and all applicable laws and regulations;
8.2.12 modifying, accessing or making available data stored on a computer device which you have accessed through our network, when either the owner of the data, computer or device has taken steps to prevent you from doing this or the owner has expressed a wish that you do not do this;
8.2.13 making available or uploading files that contain software or other material, data or information not owned or licensed to you or collecting information about others (eg names/addresses) without their prior consent;
8.2.14 making available, uploading and distributing by any means any material or files that contain any viruses, bugs, corrupt data, “Trojan horses”, “worms” or any other harmful software;
8.2.8 falsifying the true ownership of software or other material or information contained in files made available via the Website or the Services; or
8.2.16 Obtaining or attempting to obtain unauthorised access, through whatever means, to the Website or the Services, other services or computer systems or areas of our or any of our partners’ networks which are identified as restricted.
9 Copyright policy
You may not post, modify, distribute, or reproduce in any way any copyright material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights, this also includes the use of copyrighted images for profile pictures/avatars. Provider prohibits use of the Website and/or the Services of any User who infringes the copyright of others. Without limiting the foregoing, if you believe that your work has been copied and posted on the Website and the Services by another User in a way that constitutes copyright infringement, please notify us via the “Report Abuse” link accompanying the content in question. We will take such action (if any) that we in our absolute discretion deem appropriate.
10 Website member disputes
You are solely responsible for your interactions with other Users. Provider reserves the right, but has no obligation, to monitor disputes and other interactions between you and other Users through the Website.
Provider is not responsible for any incorrect, inaccurate or otherwise, content posted on the Services or the Website or in connection with the Website or the Services, whether caused by Users of the Website or the Services or by any of the equipment or programming associated with or utilized in the Website or the Services. Profiles created and posted by Website Members on the Website or the Services may contain links to other websites although we are not responsible for any User generated links or linked-to content. Provider is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Provider. Inclusion of any linked website on the Website and the Services does not imply approval or endorsement of the linked website by Provider. When you access these third-party sites, you do so at your own risk. Provider takes no responsibility for third party advertisements which are posted on the Website or through the Services, nor does it take any responsibility for the goods or services provided by its advertisers. Provider is not responsible for the conduct, whether online or offline, of any User of the Website or the Services. Provider assumes no responsibility for any error, omission, interruption, deletion, corruption, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication or any content provided through the Website. Provider is not responsible for any problems or technical malfunction of any telephone network or lines, electronic networks, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Services or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Website or the Services. Under no circumstances shall Provider be responsible for any loss or damage resulting from use of the Website or the Services, attendance at an event organised through the Website or the Services, from any content posted on or through the Website or the Services, or from the conduct of any Users of the Website or the Services, whether online or offline. The Services are provided “AS-IS” and as available and Provider makes no representations or warranties of any kind as to the Website, the Services or the content thereof, including without limitation, as to availability of the Website and/ or Services for access and use. In particular Provider expressly disclaims all warranties of fitness for a particular purpose, accuracy, completeness or non-infringement. Provider cannot guarantee and does not promise any specific results from use of the Website and the Services. Nothing in this Agreement shall be construed as limiting or excluding Provider’s liability for death or personal injury caused by its negligence.
12 Choice of law and jurisdiction
This Agreement shall be governed by and interpreted in accordance with English law and you irrevocably agree that the courts of England and Wales shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with the Agreement. Nothing in this clause limits the right of Provider to bring proceedings against you arising out of or in connection with the Agreement (a) in any other court of competent jurisdiction or (b) concurrently in more than one court of competent jurisdiction.
You agree to indemnify and hold Provider, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, demand, claim or legal proceedings brought or threatened, including expenses of any character suffered or incurred arising out of your use of the Website or the Services in violation of this Agreement, and/or arising from your use of or conduct on the Website or in use of the Services and/or a breach of this Agreement.
This Agreement is accepted upon your use of the Website or any of the Services and is further affirmed by you becoming a Website Member. This Agreement constitutes the entire agreement between you and Provider regarding the use of the Website and the Services. The failure of Provider to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.