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1. Introduction The Website Owner including subsidiaries and affiliates offer products subject to the terms and conditions set out in this document together with the privacy policy and any other relevant terms and conditions, policies and notices which may be applicable to the supply of our products. 2. Glossary of Terms We includes the Website Owner - Duvet Land Ltd - ("Website" or "Website Owner" or "we" or "us" or "our") or any party acting on the Website Owner's implicit instructions. You ("you", "your", "Customer") includes the person purchasing the products or any party acting on the customer's instructions. 1st and 3rd (First and Third) Party Services - We are offering You certain Third Party Sevices for use in conjunction with First Party Software, namely the CubeCart™ version 3 shopping cart software, and you agree to use our digital products only in a manner consistent with and in full compliance to your agreement(s) with the First Party developers of CubeCart™. In consideration of the mutual covenants herein, the parties agree to the following, which shall apply during the term of this agreement: 3. Service Availability 3.1 We shall use our reasonable endeavours to make available to you at all times the Website and the products but we shall not, in any event, be liable for interruptions of service or down-time of the Website. 3.2 We shall have the right to suspend access to the Website and products at any time and for any reason, without notice. 3.3 The products provided to you hereunder and your account with us cannot be transferred or used by anyone other than you. 4. Payment 4.1 All charges payable by you for the products shall be in accordance with the prices published by us on our web site and shall be due and payable in advance of downloading our products. Deposits are required prior to commencement of freelance service work. 4.2 Payment is due upon checkout. 4.3 All payments must be in UK Pounds Sterling. 4.4 If your Payment is not credited to the Duvet Land Ltd account for any reason, your products will be withheld. 4.5 Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled forthwith to suspend the provision of products or services to you. 4.6 If an account goes unpaid for at least seven days, the order will be deleted from our system. 5. Indemnity 5.1 You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of products by us to you and your use of the products and the Website including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by us in consequences of your breach or non-observance of this Agreement. 6. Limitation Of Liability 6.1 All conditions, terms, representations and warranties relating to the products supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded. 6.2 Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the products shall be limited to the charges paid by you in respect of the products which are the subject of any such claim. 6.3 In any event no claim shall be brought unless you have notified us of the claim within one year of it arising. 6.4 In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever 7. Revisions 7.1 We reserve the right to revise, amend, or modify these Terms and Conditions, and any of our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our Terms and Conditions. 8. Notices 8.1 Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery to the address of the other party as appearing in this Agreement or ancillary application forms or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served two days following the date of posting. 9. Applicable Law 9.1 This Agreement shall be governed by and construed in accordance with the laws of United Kingdom and you hereby submit to the non-exclusive jurisdiction of the UK courts. 10. Headings 10.1 Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement. 11. Entire Agreement 11.1 These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement. 12. Comments or Questions. 12.1 If you have any questions, comments or concerns arising from the website, the privacy policy or any other relevant terms and conditions, policies and notices or the way in which we are handling your personal information please contact us using the contact form(s) provided on this site.. |
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