Terms and conditions are a set of rules and statements that possible users of our service will have to follow and agree with us if they wish to use the service of
Formation of Contact:
All Goods sold by the Company are sold subject to the Company’s standard terms and conditions (as detailed below) which form part of the Client’s contract with the Company. Terms and conditions on the Client’s order form or other similar document shall not be binding on the Company.
Order & Delivery Acceptance:
- Orders will be deemed to have been placed when an email confirmation has been received from a responsible executive of the client company.
- For email invitations, online fulfilment projects and direct marketing files (as provided by Prime Prospects) it is a requirement of the Company, that the email piece, online form or mail piece shall be approved by the company before an order can be confirmed and any data despatched.
- The Customer will ensure that all containers, packaging and labelling of the Samples complies with all relevant national and international safety regulations at the time the Samples are delivered to LGX.
Limitation of Liability:
- The Company shall not be liable for any claim arising out of the performance, non-performance, delay in delivery of or defect in the Goods nor for any special, indirect, economic or consequential loss or damage howsoever arising. Any liability of the Company shall in any event be limited to the licence fees paid by the Client in the year in which the event of default arises.,/li>
- Nothing herein shall limit either party’s liability for death or personal injury arising from the proven negligence by itself or its employees or agents.
- Inability to use the software or related documentation, breach or default including those arising from infringement or alleged infringement of any patent trademark, copyright or other intellectual property right by ThemEarth, even if our software’s authorized representative has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to You.
Changes of Price:
ThemEarth reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, a subscription with or without notice.
Confidentiality and Data Protection:
- Both parties shall maintain strict confidence and shall not disclose to any third party any information or material relating to the other or the other’s business which comes into that party’s possession and shall not use such information and material without written permission by the other party. This provision shall not, however, apply to information or material which is, or becomes, public knowledge by means other than by breach by a party to this clause.
- ThemEarth will take appropriate technical and organisational measures against unauthorised or unlawful processing of those Personal Data or their accidental loss, destruction or damage, having regard to the state of technological development, the cost of implementing any measures, the harm which might result from such unauthorised or unlawful processing or accidental loss, destruction or damage, and the nature of the data to be protected.
Termination:
- Commits any material breach of any of the provisions of this Agreement and, in the case of a breach capable of remedy, fails to remedy that breach within 30 days after receipt of a written notice giving particulars of the breach and requiring it to be remedied.
- This License is effective until terminated. You may terminate this License at any time by destroying the Software, related documentation and all copies thereof. This License will terminate immediately without notice from Themearth if You fail to comply with any provision of this License. Upon termination You must destroy the Software, related documentation and all copies thereof which are in your possession or under Your control.
Warranty:
- The Company warrants that it has the right to provide the Goods but otherwise the Goods are provided on an “as-is” basis without warranty of any kind, express or implied, oral or written including, without limitation, the implied conditions of merchantable quality, fitness for purpose and description, all of which are specifically and unreservedly excluded. In particular, but without limitation, no warranty is given that the Goods are suitable for the purposes intended by the Client.
- The Company warrants that the Goods will be supplied using reasonable care and skill. The Company does not warrant that the Goods supplied are error-free, accurate or complete.
- Both parties warrant that they are registered under the Data Protection Act in respect of the collection, processing and use of the Goods. Each party will comply with the Act including but not limited to its obligations in respect of any personal data which it may supply to or receive from the other party.
- The Client acknowledges that the Company is required to uphold at all times, in letter and in spirit, the British Codes of Advertising and Sales Promotion.
Payment:
- The Customer will pay the Fees. Unless otherwise agreed in writing, payment of all invoices will be made by the Customer to LGX in full in Pounds Sterling as invoiced, no later than thirty (30) days from the date of an invoice.
- If any amount of an invoice is disputed then the Client shall inform the Company of the grounds for such dispute within seven days of delivery of the goods and shall pay to the Company the value of the invoice less the disputed amount in accordance with these payment terms. Once settlement of the dispute has been agreed, any sum then outstanding shall also be payable in accordance with these payment terms.
We reserve the right to change and modify terms & conditions at any time without any notice.
