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please read our
Terms of Service
Homepage
» Terms of Service »
1
Definitions
In these terms and conditions:
1.1
'our site' means our presence on the Internet;
1.2
'our', 'we' and 'us' means Pitchpuff Limited a Limited Company registered in England and Wales [Company Registration Number 06179564] with its registered office at Eastry Cottage 302-304 Wheatley Lane Road Fence Burnley in the County of Lancashire BB12 9QA and, where applicable, its officers, employees and authorised agents; and
1.3
'you' and 'your' include any business with which you are associated and on behalf of which you use our site.
2
Our contract
By using or subscribing to our site you enter into a binding contract with us on the following terms and conditions.
3
Service
You represent to us and to all suppliers of goods and services through our site that all purchases made by you through our site will be made for your purposes and will be within the scope of your authority to conclude contracts.
4
Our promises
4.1
We will permit you to access use and interact with our site subject to these terms and conditions.
4.2
We will:
4.2.1
exercise reasonable care in compiling our site;
4.2.2
use reasonable efforts to make our site available to you at all times; and
4.2.3
take the steps set out in our privacy policy to endeavour to secure any personal data information you give us.
5
Exclusions and limitations
5.1
We do not represent or warrant that access to our site or any part of it will be uninterrupted reliable or fault free.
5.2
We do not represent or warrant to you that our site or any of its contents will be accurate complete or reliable.
5.3
We do not represent or warrant that:
5.3.1
any services (whether or not provided by us) will be provided with due care and skill; or
5.3.2
any goods (whether or not provided by us) will be of merchantable quality or will be fit for any purpose (even if that purpose has been previously notified to us).
5.4
To the extent permitted by law we exclude all liability (whether arising in contract, tort or otherwise and whether or not due to our negligence) which we may otherwise have to you as a result of:
5.4.1
any technical factual, textual or typographical inaccuracies errors or omissions on or relating to our site or any information on our site;
5.4.2
the unavailability of our site (or any part of it), goods or services;
5.4.3
any delay in providing or failure to provide or make available, goods or services or any negligent provision of goods or services;
5.4.4
any goods not being of merchantable quality or fit for their intended purpose; or
5.4.5
any misrepresentation on or relating to our site the goods or the services (other than a fraudulent misrepresentation made by us or on our behalf).
5.5
Our maximum liability to you in respect of your use of our site or any services we provide or make available to you through or in relation to our site will be the amount of any subscription fees paid by you during the year in which the liability arose. You agree that we shall have no liability for indirect or consequential losses, loss of data, income or profits or damages for loss of or damage to property.
5.6
You agree that each of these limitations is reasonable having regard to the nature of our site and in particular given that when you purchase information, goods or services through out site you will enter into a separate contract with the supplier in each case.
5.7
None of the exclusions or limitations in this clause 4 shall exclude or restrict our liability for death or personal injury caused by our negligence.
5.8
None of the above exclusions shall affect any statutory rights which are not capable of being excluded. However in such case our obligation, where permitted by law, will be limited to the re-supply of our site goods or service to you.
5.9
Each of the above exclusions or limitations shall be construed as a separate, and severable, provision of these terms and conditions.
6
Site subscription and charges
6.1
By subscribing to our site you agree to pay our charges at the rate applicable from time to time and stipulated on the site.
6.2
If you fail at any time to pay any subscription charges due in accordance with these terms and conditions we may in our discretion and without prejudice to our other rights, deny you access to those areas of our site which are exclusively available to subscribers. We need not provide you with advance notice in such circumstances.
7
Links to other sites
Certain links, including hypertext links in our site will take you outside our site. Links are provided for your convenience and inclusion of any link does not imply endorsement or approval by us of the linked site its operator or its content. We are not responsible for the content of any website outside our site.
8
Termination of subscription
8.1
We may terminate your subscription immediately if you are in material breach of any of these terms and conditions and in particular upon any failure by you to pay your subscription charge in accordance with these terms and conditions. You may terminate your subscription at any time on 30 days notice to us.
8.2
Any rights that have accrued to either party at the date of termination will remain enforceable after termination.
9
No commercial use
You agree that you will use our site only for your use and that you shall not exploit our site or any of its contents for any commercial purpose.
10
General
10.1
Third party rights
Where in these terms representations and warranties are made to us and to suppliers of goods and services through our site, you acknowledge and agree that such representations and warranties are intended to grant rights to, and operate for the benefit of, all such suppliers and that each such supplier may rely upon and enforce such representations and warranties against you by virtue of the Contracts (Rights of Third Parties) Act 1999.
10.2
Variations
We reserve the right at any time without notice to revise the content of our site (including the services offered by us) and these terms and conditions. Any changes to these terms and conditions will be posted on our site and by continuing to use our site following any such change you will signify that you agree to be bound by the revised terms and conditions of use.
10.3
Credit card security and registration
We use a secure server that implements Secure Socket Layer technology (certified to the standard for encrypted credit card transactions stipulated by Verisign Inc) to prevent any person from gain-ing access to your credit card or registration information whilst it is on our site or being transmitted across the internet. If you discover that goods or services have been ordered from a supplier over our site using your credit card details in circumstances where you had not agreed to or authorised this then (provided you have not, through failure to take reasonable care, allowed an unauthorised person to gain ac-cess to your credit card details purchaser ID or password) our suppliers are required to refund to you the money they receive provided that: (a) you inform your credit card company and us of the unauthorised purchase as soon as you discover it; and (b) you co-operate with your credit card company, the supplier us and if necessary, the police in relation to the unauthorised use.
10.4
Taxes
We have made every effort to make clear whether the quoted prices for goods and services avail-able through our site include any relevant tax or duty or do not. Where in any case it is not clear please note before you make an order that you might be required to bear a liability to tax or duty (for example value added tax) imposed by the supplier or by operation of law that is in addition to the price.
10.5
The use of your information
You agree that we may collect store and use information about you in accordance with our privacy policy. You acknowledge and agree to be bound by the terms of our privacy policy.(provide link to it here)
10.6
Copyright
All rights in the design text graphics and other material on our site and the selection or arrange-ment thereof are the copyright of us or other third parties. Permission is granted to electronically copy and print in hard copy portions of our site solely in connection with the acquisition of goods or services through our site. Any other use of materials on our site (including reproduction for purposes other than those noted above and alteration, modification, distribution, or republication) without our prior written permission is strictly prohibited. You hereby grant to us a perpetual royalty-free, irrevocable licence to copy issue copies communicate to the public make publicly available and include in a cable programme service (either in whole or in part or in a modified or edited form) any material you up-load or post to our site (whether to a chat room, bulletin board or otherwise). You acknowledge and agree that such material is not uploaded or posted subject to any obligation of confidence.
10.7
Trade marks
We are the proprietor of the Pitchpuff trade mark in the UK and other countries. All other trade marks product names and company names or logos used in our site are our property or that of their respective owners. No permission is given by us in respect of the use of any such trade marks get-up product names company names logos or titles and such use may constitute an infringement of the holder's rights.
10.8
Access
We reserve the right in our sole discretion to deny users access to our site or any part of our site without notice and to decline to provide the service to any user that is in breach of these terms and conditions of use.
10.9
Events beyond our control
We shall not be liable to you for any breach of these terms and conditions of use or any failure to provide or delay in providing our services through our site resulting from any event or circum-stance beyond our reasonable control including without limitation strikes lock-outs and other indus-trial disputes breakdown of systems or network access fire, explosion or accident.
10.10
Applicable law and jurisdiction
These terms and conditions (and any dispute controversy proceedings or claim of whatever nature arising out of or in any way relating to them or their formation) shall be governed by and inter-preted in accordance with English law and for these purposes the parties irrevocably submit to the exclusive jurisdiction of English courts. We may enforce any judgment against you in any jurisdiction
10.11
Unenforceability
The enforceability or otherwise of any provision of these terms and conditions shall not affect the enforceability of the rest of these terms and conditions.
10
Content
11.1
We are providing this site on an 'as is' basis and makes no representations or warranties of any kind with respect to this site or its contents and disclaims all such representations and warranties. In addition, we make no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information and related graphics published in this site. The in-formation contained in this site may contain technical inaccuracies or typographical errors. All li-ability of Pitchpuff.com howsoever arising for any such inaccuracies or errors is expressly ex-cluded to the fullest extent permitted by law.
11.2
Neither we nor any of our directors employees or other representatives will be liable for loss or damage arising out of or in connection with the use of this site. This is a comprehensive limita-tion of liability that applies to all damages of any kind including (without limitation) compensatory direct indirect or consequential damages loss of data income or profit loss of or damage to property and claims of third parties.
11.3
Notwithstanding the foregoing, none of the exclusions and limitations in the clause are intended to limit any rights you may have as a consumer under local law or other statutory rights which may not be excluded nor in any way to exclude or limit our liability to you for death or personal injury resulting from our negligence or that of our employees or agents.