Terms & Conditions of Sale or Service
PLEASE READ THIS AGREEMENT CAREFULLY AS IT GOVERNS YOUR USE OF OUR ONLINE SERVICES AND LIMITS OUR LIABILITY TO YOU. BY PURCHASING CREDITS OR A SUBSCRIPTION AND ACCESSING THE WEBSITE AT WWW.FINDAMEDAL.COM (“THE SERVICE”) YOU ARE FORMING A CONTRACT AND AGREEING TO THE TERMS AND CONDITIONS THAT APPEAR BELOW. REFERENCE TO “YOU” AND “YOUR” ARE TO YOU AS AN INDIVIDUAL. IF YOU USE THE SERVICE IN THE COURSE OF YOUR BUSINESS YOU ARE ALSO AGREEING TO THIS AGREEMENT ON BEHALF OF THAT BUSINESS AND REFERENCE TO “YOU” AND “YOUR” INCLUDE YOUR BUSINESS.
TERMS AND CONDITIONS
1. Use of the Service
1.1 The Service is provided by Jones (UK) Limited (“JUK”) whose registered office is at Castle Lea, Castle Lane, Bramber, West Sussex BN44 3FB in accordance with the terms and conditions of this Agreement.
1.2 You will receive access to the Service following registration and payment for the charges in accordance with Clauses 1 and 2.
1.3 Each registration is for a single organisation or individual only is included in Your registration information. On registration, You will choose a username and password (“ID”).
1.4 Your ID must be kept secret and personal to You and must not be disclosed to any third party in any circumstances. You will be responsible for keeping Your ID secure and confidential. You must take all precautions to prevent it being used by anyone else.
1.5 If You disclose or share Your ID with a third party or allow another person to access the Service on Your behalf, You agree to indemnify JUK for any loss or damage that may be incurred by JUK as a result of Your actions. If JUK reasonably believe that an ID is being used in any way, which is not permitted by this Agreement, JUK reserve the right to cancel access rights immediately and without notice, and to block access to all users accessing the Service througt that ID.
1.6 Should You become aware that another person knows Your ID, You should immediately notify JUK by sending an e-mail to firstname.lastname@example.org.
1.7 When accessing and using the Service, You must comply with all applicable laws and regulations in the country from which You access the Service.
1.8 You will be responsible for installing the necessary software to access the Service.
1.9 You may not use the material or content supplied as part of the Service nor access the Service for publication or transmission by any means. Any unauthorised use including but not limited to copying, editing, loaning, exhibiting, resale or any other broadcasting, including via the World Wide Web is strictly prohibited.
2.1 JUK operates using a credit.based system for the Service at a rate of £1.00 per credit or a subscription.
2.2 JUK's acceptance of payment instructions is subject to a minimum purchase of £5.00 of credits or a subscription.
2.3 JUK’s charges will be processed by JUK against Your Visa, Delta, Mastercard or Maestro card payment instructions. When You provide Your Visa, Delta, Mastercard or Maestro card payment instructions, You warrant that You are fully entitled to use that card and that it has sufficient funds to cover the purchase of credits.
2.4 When processing Your payment, JUK will use ePDQ from Barclays Bank to safeguard Your payment instructions.
2.5 JUK will e-mail You a printable invoice when payment is processed.
2.6 You must notify JUK by e-mail to email@example.com of any change in Your payment instruction details.
3. The Service
3.1 JUK reserve the right to alter without notices the content, presentation and/or facilities of the Service.
3.2 JUK may offer You additional services. If the addition of these services involves an increase in Your charges, JUK will notify You by e-mail and via the terms and conditions page on this Service.
4. JUK's Liability
4.1 JUK does not accept any liability for loss or damage, whether direct, indirect or consequential, resulting from the use of or Your inability to use the Service, whether as a result of inaccuracies, defects, errors (typographical or otherwise), omissions, out of date information or otherwise and You agree to indemnify JUK, its employees and agents against any loss, liability, damage or expense (including reasonable attorney fees) that may arise in connection with any failure by You to comply with these terms and conditions.
4.2 You agree that the Service is accessed entirely at Your own risk and that You will be entirely responsible for any resulting damage to software or computer systems and/or any resulting loss of data.
4.3 Notwithstanding the above, JUK does not exclude liability for any fraudulent misrepresentation made by it, or death or personal injury which is caused by its negligence in the performance of its obligations under this Agreement.
4.4 JUK will not be liable for any loss or damage (howsoever arising) of an economic, financial or consequential nature, whether advised of the same or foreseeable or not.
4.5 JUK will endeavour to provide the Service using all reasonable care but despite the great care JUK puts into the compiling of information, JUK does not warrant that all information provided under the Services is accurate, complete or current.
4.6 JUK does not warrant that the Service will operate without interruption or delay or will be error free, free of viruses or bugs or compatible with any other software or material.
5. Copyright and Trademark
All copyright, trademarks and other intellectual property rights in all material or content supplied, as part of the Service shall remaie at all times vested in JUK. You are permitted to use this material or content only as expressly authorised in accordance with this Agreement. You must not, and must not assist or facilitate any third party to, copy, reproduce, transmit, distribute, frame, commercially exploit or create derivative works of such material or content or create a database in electronic or structured manual form by systematically dowaloading and storing all or any of the material or content supplied as part of the Service or in any other way infringe the intellectual property or other rights pertaining to such material or content vested in JUK.
6. Suspension and Termination
6.1 JUK will be entitled to suspend or terminate Your access to any part of the Service at any time should You breach this Agreement.
6.2 You may terminate this Agreement and receive a full refund of any payment credited to JUK provided You have notified JUK by e-mail to firstname.lastname@example.org of your intention to terminate the Agreement within 8 working days of Your first registration. You may not terminate this Agreement after this period, other than in accordance with Clause 6.3 below.
6.3 You may terminate this Agreement if the Service is discontinued or if JUK are in material breach of this Agreement and the breach is not remedied within 30 days after written notice of the breach has been provided to JUK.
7.1 JUK shall comply with all applicable UK data protection legislation from time to time in force in respect of any personal information relating to You gathered by JUK.
7.2 Where You are asked to provide personal information in order for JUK to provide the Services to You, You are responsible for the accuracy and truthfulness of such information and warrant and undertake to JUK that all information is true and correct.
8. Changes to this Agreement
JUK may change the terms and conditions of this Agreement on one month’s notice. You will be notified of any changes by e-mail and via the terms and conditions page on this Service. Your continued use of the service will constitute acceptance of such changes.
Any notice or other document required to be given under this Agreement must be provided by way of e-mail only and will be deemed to be received the same working day if sent by 4.00 p.m. or on the next working day if sent after 4.00 p.m. or on a non-working day. In evidencing the provision of notice, it will be sufficient to prove that transmission of the notice was confirmed by JUK by means of a delivery receipt e-mail.
10. Proper Law
This Agreement shall be governed by and construed in accordance with the laws of England and Wales and be subject to the exclusive jurisdiction of the English courts.
11.1 If any provision of this Agreement shall be prohibited by or adjudged by a court to be unlawful, void or unenforceable, such provision will to the extent required, be severed from this Agreement and rendered ineffective as far as possible without modifying the remaining provisions of this Agreement and will not in any way affect the validity or enforcement of the remainder of this Agreement.
11.2 This Agreement contains the full and complete understanding between the parties and supersedes all prior arrangements and understandings whether written or oral appertaining to the subject matter of this Agreement.
11.3 No failure or delay on the part of either of the parties to this Agreement relating to the exercise of any right, power, privilege or remedy provided under this Agreement shall operate as a waiver of such right, power, privilege or remedy or as a waiver of any proceeding or succeeding breach by the other party to this Agreement.
11.4 For the purposes of the Contracts (Rights of Third Parties) Act 1999, this Agreement is not intended to, and does not, give any person who is not a party to this Agreement any right to enforce any of these provisions.