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WELCOME TO THE Marketext WEBSITE TERMS AND CONDITIONS FOR USE. THESE TERMS
AND CONDITIONS APPLY TO THE USE OF THIS WEBSITE AT www.Marketext.net 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.Marketext.net website is operated by:
Marketext Europe S.L.,
a company registered in Canary Islands, Spain
whose
registered office is at:
Av. Barranco de las torres 10
Edf. Las torres 2A,
38660, Adeje
Santa Cruz de Tenerife,
Islas Canarias.
Our company registration number is: CIF B38984753.
Our
VAT registration number is: VAT Excempt region
Our contact details are as follows:
Trading address:
Av. Barranco de las torres 10
Edf. Las torres 2A,
38660, Adeje
Santa Cruz de Tenerife,
Islas Canarias, Spain
General email: info at Marketext . net
Telephone number: +34 911 877 545
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provisions of these terms and conditions may be superseded by expressly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.
2.2 Our acceptance of an order takes place when we process the order. We
will send you a process confirmation by email. When we process 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 Prices do not include VAT (where applicable). We
reserve the right to express the price inclusive of VAT, but we shall show
VAT separately and include it in the total price.
3.2 Where we charge separately for 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
01/02/2016.
4. CANCELLATION AND RETURNS POLICY
4.1 If you wish to cancel your order:
(a) You can notify us by email to orders at Marketext . net before we have
process the order
The provisions of this clause 4.1 do not affect your statutory rights.
4.2 Due to the nature of our products, we only give refunds for orders
incorrectly filled by us. Please double-check your order before submitting
it to us.
4.3 No refunds will be made for any fees which are related to branding fees,
licenses, monthly administration fees, and any other fee that you pay to us.
The provisions of those clauses 4.2 and 4.3 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, 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 Marketext 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 Marketext 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.Marketext.net 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.
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 "as is" 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 (as such
term is defined by the Unfair Contract Terms Act 1977); (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 United Kingdom. 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
United Kingdom, you do so at your own risk and you are responsible for
compliance with local laws.
13. MISCELLANEOUS
13.1 You may not assign, sub-license or otherwise transfer any of your
rights under these terms and conditions
13.2 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.
13.3 Only the parties to these terms and conditions may seek to enforce them
under the Contracts (Rights of Third Parties) Act 1999.