WEBSITE TERMS AND CONDITIONS
WELCOME TO THE pixfizz.com WEBSITE TERMS AND CONDITIONS FOR USE. THESE TERMS AND CONDITIONS APPLY TO THE USE OF THIS WEBSITE AT www.pixfizz.com. BY ACCESSING THIS WEBSITE AND/OR PLACING AN ORDER, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS REGARDLESS OF WHETHER OR NOT YOU CHOOSE TO REGISTER WITH US OR ORDER FROM US. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEBSITE.
The www.pixfizz.com website is owned and operated by:
SJT Systems Limited, a company registered in England and Wales, whose
registered office is at 293 Kenton Lane, Harrow, HA3 8RR, UK. Our company
registration number is 05076569.
Our VAT registration number is 839375192
Our contact details are as follows:
General email: info@pixfizz.com
Telephone number: +44 (0) 20 8816 8960
Fax number N/A
1. INTRODUCTION
1.1 You will be able to access most areas of this Website without
registering your details with us. Certain areas of this Website are only open
to you if you register.
1.2 We may revise these terms and conditions at any time by
updating this posting. You should check this Website from time to time to
review the then current terms and conditions, because they are binding on you.
Certain provisions of these terms and conditions may be superseded by expressly
designated legal notices or terms located on particular pages of this Website.
If you do not wish to accept any new terms and conditions after we have given
notice, you should not continue to use this Website.
2. ORDERING FROM US
2.1 You are deemed to place an order with us by ordering via our
online checkout process. As part of our checkout process you will be given the
opportunity to check your order and to correct any errors. We will send you an
order acknowledgement, detailing the products you have ordered. You are required to fulfill the terms
and conditions of this entire document please read carefully sections 13, 14
and 15 about your account terms.
2.2 Our acceptance of an order takes place when we dispatch the
order. We will send you a dispatch confirmation by email. When we dispatch the
order the purchase contract will be made even if your payment has been
processed immediately, unless we have notified you that we do not accept
your order or you have cancelled your order.
2.3 We may refuse to accept an order:
(a) where goods are not available;
(b) where we cannot obtain authorisation for your payment;
(c) if there has been a pricing or product description error; or
(d) if you do not meet any eligibility criteria set out in our
terms and conditions.
3. PRICING
3.1 All prices include VAT (where applicable) at the current
rates. We reserve the right to express the price exclusive of VAT, but we shall
show VAT separately and include it in the total price.
3.2 Where we charge separately for packing, carriage and insurance
and other relevant charges, the appropriate rates are set out in our specified
pricing structure shown elsewhere on this Website.
3.3 Our prices are reviewed periodically and the next review will
be on 28/10/2006.
3.4 Our products and services may be paid for in Euros and Pounds sterling, the
pricing in these currencies is displayed on the website with the product
information.
3.5 Refer to your credit card provider for the correct exchange rates that may
apply to your payment.
Please read section 13 and 14 with regards to payment for services.
4. CANCELLATION AND RETURNS POLICY
4.1 If you wish to cancel your order:
(a) you can notify us by email to info@pixfizz.com before we have
dispatched the goods to you; or
(b) where goods have already been dispatched to you, by returning
goods to us in accordance with clause 4.2 below.
4.2 You can return goods you have ordered from us for any reason at
any time within 14 days of receipt for a full refund or exchange. The costs of
returning goods to us shall be borne by you.
4.3 Upon receipt of the goods we will give you a full refund of the
amount paid or an exchange credit as required.
4.4 The rights to return the goods to us as referred to in clause
4.3 will not apply in the following circumstances: -
in the event that the product has been used in
the case of software, audio or visual products, where the packaging has been
unsealed or downloaded
to any products that we have made or customized
specifically for you please read section 15 on the cancellation of
services.
The provisions of this clause 4.4 do not affect your statutory rights.
5. LICENCE
5.1 You are permitted to print and download extracts from this
Website for your own use on the following basis:
(a) no documents or related graphics on this Website are modified
in any way;
(b) no graphics on this Website are used separately from accompanying
text; and
(c) any of our copyright and trade mark notices and this permission
notice appear in all copies.
5.2 Unless otherwise stated, the copyright and other intellectual
property rights in all material on this Website (including without limitation
photographs and graphical images) are owned by us or our licensors. For the
purposes of these terms and conditions, any use of extracts from this Website
other than in accordance with clause 5.1 above for any purpose is prohibited.
If you breach any of the terms in these terms and conditions, your permission
to use this Website automatically terminates and you must immediately destroy
any downloaded or printed extracts from this Website.
5.3 Subject to clause 5.1, no part of this Website may be
reproduced or stored in any other website or included in any public or private
electronic retrieval system or service without our prior written
permission.
5.4 Any rights not expressly granted in these terms are
reserved.
6. SERVICE ACCESS
6.1 While we endeavour to ensure that this Website is normally
available 24 hours a day, we will not be liable if for any reason this Website
is unavailable at any time or for any period.
6.2 Access to this Website may be suspended temporarily and without
notice in the case of system failure, maintenance or repair or for reasons
beyond our control.
7. VISITOR MATERIAL AND CONDUCT
7.1 Other than personally identifiable information, which is
covered under the Privacy Policy http://www.pixfizz.com/privacy.html
, any material you transmit or post to this Website will be considered
non-confidential and non-proprietary. We will have no obligations with respect
to such material. We and our nominees will be free to copy, disclose,
distribute, incorporate and otherwise use such material and all data, images,
sounds, text and other things embodied therein for any and all commercial or
non-commercial purposes.
7.2 You are prohibited from posting or transmitting to or from this
Website any material:
(a) that is threatening, defamatory, obscene, indecent, seditious,
offensive, pornographic, abusive, liable to incite racial hatred,
discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of
confidence, in breach of privacy or which may cause annoyance or inconvenience;
(b) for which you have not obtained all necessary licences and/or
approvals;
(c) which constitutes or encourages conduct that would be
considered a criminal offence, give rise to civil liability, or otherwise be
contrary to the law of or infringe the rights of any third party, in the UK or
any other country in the world; or
(d) which is technically harmful (including, without limitation,
computer viruses, logic bombs, Trojan horses, worms, harmful components,
corrupted data or other malicious software or harmful data).
7.3 You may not misuse the Website (including, without limitation,
by hacking).
7.4 We will fully co-operate with any law enforcement authorities
or court order requesting or directing us to disclose the identity or locate
anyone posting any material in breach of clauses 7.2 or 7.3.
8. LINKS TO AND FROM OTHER WEBSITES
8.1 Links to third party websites on this Website are provided
solely for your convenience. If you use these links, you leave this Website. We
have not reviewed all of these third party websites and do not control and are
not responsible for these websites or their content or availability. We
therefore do not endorse or make any representations about them, or any
material found there, or any results that may be obtained from using them. If
you decide to access any of the third party websites linked to this Website,
you do so entirely at your own risk.
8.2 If you would like to link to this Website, you may only do so
on the basis that you link to, but do not replicate, the home page of this
Website, and subject to the following conditions:
(a) you do not remove, distort or otherwise alter the size or
appearance of the pixfizz.com logo;
(b) you do not create a frame or any other browser or border
environment around this Website;
(c) you do not in any way imply that we are endorsing any products
or services other than our own;
(d) you do not misrepresent your relationship with us nor
present any other false information about us;
(e) you do not otherwise use any pixfizz.com trade marks displayed
on this Website without our express written permission;
(f) you do not link from a website that is not owned by you; and
(g) your website does not contain content that is distasteful,
offensive or controversial, infringes any intellectual property rights or other
rights of any other person or otherwise does not comply with all applicable
laws and regulations.
We expressly reserve the right to revoke the right granted in this clause 8.2
for breach of these terms and to take any action we deem appropriate.
8.3 You shall fully indemnify us for any loss or damage we or any
of our group companies may suffer or incur as a result of your breach of clause
8.2.
9. REGISTRATION
9.1 To register with www.pixfizz.com you must be over eighteen
years of age.
9.2 Each registration is for a single user only. We do not permit
you to share your user name and password with any other person nor with
multiple users on a network.
9.3 Responsibility for the security of any passwords issued rests
with you and if you know or suspect that someone else knows your password, you
should contact us immediately.
9.4 We may suspend or cancel your registration immediately at our
reasonable discretion or if you breach any of your obligations under these
terms and conditions.
9.5 Please fill in all fields correctly, not filling fields in clearly or
correctly could result in your order being misprinted or sent to the wrong
address. Items may take up to 15 days to reach you depending on postage
service, you will be required to pay postage costs if items have to be resent
due to non receipt and the consequent return of them to us.
10. DISCLAIMER
10.1 While we endeavour to ensure that the information on this Website
is correct, we do not warrant the accuracy and completeness of the material on
this Website. We may make changes to the material on this Website, or to the
products and prices described in it, at any time without notice. The material
on this Website may be out of date, and we make no commitment to update such
material.
10.2 The material on this Website is provided Òas isÓ without any
conditions, warranties or other terms of any kind. Accordingly, to the maximum
extent permitted by law, we provide you with this Website on the basis that we
exclude all representations, warranties, conditions and other terms (including,
without limitation, the conditions implied by law of satisfactory quality, fitness
for purpose and the use of reasonable care and skill) which but for these terms
and conditions might have effect in relation to this Website.
11. LIABILITY
11.1 We, any other party (whether or not involved in creating,
producing, maintaining or delivering this Website), and any of our group
companies and the officers, directors, employees, shareholders or agents of any
of them, exclude all liability and responsibility for any amount or kind of
loss or damage that may result to you or a third party (including without
limitation, any direct, indirect, punitive or consequential loss or damages, or
any loss of income, profits, goodwill, data, contracts, use of money, or loss
or damages arising from or connected in any way to business interruption, and
whether in tort (including without limitation negligence), contract or
otherwise) in connection with this Website in any way or in connection with the
use, inability to use or the results of use of this Website, any websites
linked to this Website or the material on such websites, including but not
limited to loss or damage due to viruses that may infect your computer
equipment, software, data or other property on account of your access to, use
of, or browsing this Website or your downloading of any material from this
Website or any websites linked to this Website.
11.2 Nothing in these terms and conditions shall exclude or limit our
liability for (i) death or personal injury caused by negligence; (ii) fraud;
(iii) misrepresentation as to a fundamental matter; or (iv) any liability which
cannot be excluded or limited under applicable law.
11.3 If your use of material on this Website results in the need for
servicing, repair or correction of equipment, software or data, you assume all
costs thereof.
11.4 You agree to indemnify us fully, defend and hold us, and our
officers, directors, employees and agents, harmless from and against all
claims, liability, damages, losses, costs (including reasonable legal fees)
arising out of any breach of the terms and conditions by you, or your use of
this Website, or the use by any other person using your registration details.
12. GOVERNING LAW AND JURISDICTION
12.1 These terms and conditions shall be governed by and construed in
accordance with English Law. Disputes arising in connection with these terms
and conditions shall be subject to the exclusive jurisdiction of the English
courts.
12.2 We do not warrant that materials/items for sale on the Website are
appropriate or available for use outside the EU. It is prohibited to access the
Website from territories where its contents are illegal or unlawful. If you
access this Website from locations outside the EU, you do so at your own risk
and you are responsible for compliance with local laws.
13 Account Terms
13.1 You must be 18 years or older to use this Service.
13.2 You must be a human. Accounts registered by ÒbotsÓ or other automated
methods are not permitted.
13.3 You must provide your legal full name, a valid email address, and any
other information requested in order to complete the signup process.
13.4 Your login may only be used by one person – a single login shared
by multiple people is not permitted. You may create separate logins for as many
people as you'd like by contacting us.
13.5 You are responsible for maintaining the security of your account and
password. SJT Systems Limited cannot and will not be liable for any loss or
damage from your failure to comply with this security obligation.
13.6 You are responsible for all Content posted and activity that occurs
under your account (even when Content is posted by others who have accounts
under your account).
13.7 If you are using a free account you are not permitted to block ads, you
are not allowed to post ads on a paid account without SJT Systems Limited Prior
consent.
13.7 One person or legal entity may not maintain more than one free account,
a free account may not be used to generate ÒrevenueÓ or sell to make
profit. If your legal entity is a
charity please contact us and we can arrange free accounts where deemed
appropriate.
13.8 You may not use the Service for any illegal or unauthorized purpose.
You must not, in the use of the Service, violate any laws in your jurisdiction
(including but not limited to copyright laws).
13.9 You agree you will not use the service and (listed through till 13.9.9); Defame, abuse, harass, stalk, threaten
or otherwise violate the legal rights (such as rights of privacy and publicity)
of others.
13.9.1 Publish, post, upload, distribute or disseminate any inappropriate,
profane, defamatory, infringing, obscene, indecent or unlawful topic, name,
material or information.
13.9.2 Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents and or waivers.
13.9.3 Upload files that contain viruses, corrupted files, or any other
similar software or programs that may damage the operation of another's
computer.
13.9.4 Advertise or offer to sell or buy any goods or services for any
business purpose, unless such SJT Systems Limited specifically allows such
messages. SJT Systems Specifically
allows images of any type on any product to be sold as long as they conform to
these terms and conditions.
13.9.5 Conduct or forward surveys, contests, pyramid schemes or chain
letters.
13.9.6 Download any file posted by another user of a Communication Service
that you know, or reasonably should know, cannot be legally distributed in such
manner.
13.9.7 Falsify or delete any author attributions, legal or other proper
notices or proprietary designations or labels of the origin or source of
software or other material contained in a file that is
uploaded.
13.9.8 Restrict or inhibit any other user from using and enjoying the
Communication Services.
13.9.9 Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
14 Payment, Refunds, Upgrading
and Downgrading Terms of Service
14.1 A valid credit card is required for paying accounts. Free accounts are
not required to provide a credit card number (if available).
14.2 An upgrade from any paying plan to any higher paying plan will end your
lower paying plan immediately. You will be billed for your first month
immediately upon upgrading.
14.3 The Service is billed in advance on a monthly basis and is
non-refundable. There will be no refunds or credits for partial months of
service, upgrade/downgrade refunds, or refunds for months unused with an open
account. In order to treat everyone equally, no exceptions will be made.
14.4 All fees are exclusive of all taxes, levies, or duties imposed by
taxing authorities, and you shall be responsible for payment of all such taxes,
levies, or duties, excluding only UK and English taxes.
14.5 For any upgrade or downgrade in plan level, your credit card that you
provided will automatically be charged the new rate on your next billing cycle.
14.6 Downgrading your Service may cause the loss of Content, features, or
capacity of your Account. SJT Systems does not accept any liability for such
loss.
15 Cancellation and Termination
of Service
15.1 You are solely responsible for properly cancelling your account. An
email or phone request to cancel your account is not considered cancellation.
You can cancel your account at any time by clicking on the Account link in the
global navigation bar at the top of the screen. The Account screen provides a
simple no questions asked cancellation request.
15.2 All of your Content will be immediately deleted from the Service upon
cancellation. This information can not be recovered once your account is
cancelled.
15.3 If you cancel the Service before the end of your current paid up month,
your cancellation will take effect immediately and you will not be charged
again.
15.4 Pixfizz and SJT Systems Limited, in its sole discretion, has the right
to suspend or terminate your account and refuse any and all current or future
use of the Service, or any other SJT Systems Limited service, for any reason at
any time. Such termination of the Service will result in the deactivation or
deletion of your Account or your access to your Account, and the forfeiture and
relinquishment of all Content in your Account. SJT Systems Limited reserves the
right to refuse service to anyone for any reason at any time.
16. MISCELLANEOUS
16.1 You may not assign, sub-license or otherwise transfer any of your
rights under these terms and conditions
16.2 If any provision of these terms and conditions is found by any court
of competent jurisdiction to be invalid, the invalidity of that provision will
not affect the validity of the remaining provisions which shall continue to
have full force and effect.
16.3 Only the parties to these terms and conditions may seek to enforce them
under the Contracts.
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