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Terms of Use

PACIFIC WORLD LIMITED

TERMS OF USE

Last updated: 29 May 2012

 

IMPORTANT! READ THIS ENTIRE AGREEMENT CAREFULLY.

THESE ARE THE GENERAL TERMS AND CONDITIONS GOVERNING YOUR USE OF THE SENSATIONAIL WEBSITE. 

1. INTRODUCTION

Welcome to the www.sensationail.co.uk website. This website, and the information, content and services it makes available (which, collectively are referred to as the "Website"), is provided to you by Pacific World Limited, a company registered in England and Wales under company number 04243071 and our registered office is at 11 Waterloo Street, Birmingham, B25TB United Kingdom (hereafter referred to as “Sensationail”).

References to “Sensationail”, “we”, “us”, “our” and “ours” in this these Terms of Use means Pacific World Limited.

The terms “you”, “your” and “yours” when used in these Terms of Use mean any user of this Website.

2. AGREEMENT

Access to and use of this Website and the information and materials available through this Website are subject to all applicable laws and regulations and to these Terms of Use.

By accessing this Website, you agree to these Terms of Use which form a legally binding agreement and also confirm that you have read and agree to the Privacy Policy If you do not agree, you must not use this website.

These Terms of Use may be changed by us from time to time without specific notice to you. The latest Terms of Use will be posted on this Website, and you should always review these Terms of Use prior to using this Website to ensure that you have a current understanding of the Terms of Use under which you are permitted to access this Website. If you cannot access the Terms of Use via the Internet, we can provide a copy of the most recent Terms of Use by e-mail upon request.

ACCESS TO THIS WEBSITE AND THE USE OF INFORMATION AND MATERIALS PROVIDED THROUGH THIS WEBSITE (OR PORTIONS THEREOF), IS NOT INTENDED, AND IS PROHIBITED, WHERE SUCH ACCESS OR USE VIOLATES APPLICABLE LAWS OR REGULATIONS.

3. WEBSITE INTEDED AUDIENCE

This Website is a business and commercial site. It is not intended for children or minors.

4. PRIVACY

By agreeing to these Terms of Use, you acknowledge you have read and understood the terms of our Privacy Policy and that you agree with it. If you are unwilling to accept the terms and conditions of the Privacy Policy, you must not use the Website.

Upon the transmission of any personal data to us, including but not limited to the information collected through the registration process, you expressly grant permission to us to disseminate and/or use such information for any lawful purpose as detailed in our Privacy Policy.

Notwithstanding the foregoing, all personal data provided to us as a result of this Website will be handled in accordance with our Privacy Policy.

We reserve the right to monitor your communications with us whether by mail, voice, fax, e-mail or any other form of transmission for the purposes of quality control, security and other business needs.

5. DISCLAIMER WITH RESPECT TO CONTENT AND INFORMATION POSTED ON THE WEBSITE

A variety of information, advice, recommendations, messages, comments, posts, text, graphics, software, music, sound, photographs, videos, data, and other materials ("Content") is available on the Website. The Content is provided by Sensationail and represents its sole opinions and views.

While we strive to keep the Content posted on the Website accurate, complete, and up-to-date, Sensationail cannot guarantee, and is not responsible for, the accuracy, completeness, or timeliness of any Content.

6. OWNERSHIP

Unless otherwise indicated, this Website and its design, text, content, selection and arrangement of elements, organisation, graphics, design, compilation, magnetic translation, digital conversion and other matters related to this Website (“Elements”) are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights and are the property of Sensationail or are included with the permission of the rights owner and are protected pursuant to copyright and trademark laws.

The posting of any such Elements on this Website does not constitute a waiver of any right in such Elements. You do not acquire ownership rights to any such Elements viewed through this Website. Except as otherwise provided herein, none of these Elements may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.

Permission is hereby granted to the extent necessary to lawfully access and use this Website and/or information, materials, products and/or services available on it to display, download, archive and print in hard copy, portions of this Website, provided you do not modify the Elements and that you retain any and all copyright and other proprietary notices contained in the Elements. This permission terminates automatically if you breach any of these Terms of Use.

7. TRADEMARKS

The Sensationail logo, all product names, all page headers, all custom graphics, all button icons, all trademarks, service marks and logos appearing on this Website, unless otherwise noted, are service marks, trademarks and/or trade dress of Sensationail (the "Marks"). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated on this Website are the property of their respective owners. You agree not to display or use the Marks in any manner without our prior written permission. You agree not to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners without the prior written permission of such owners. The use or misuse of the Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.

8. HYPERLINK DISCLAIMER

This Website may contain links and/or advertisements to other websites maintained by us in addition to links to websites maintained by unrelated companies and persons (“third party website”). An advertisement of, or link to, a third party website does not mean that we approve, endorse or accept any responsibility for that third party website, its content or use, or the use of products and services made available through such third party website.

We are not responsible for the actions, content, accuracy, opinions expressed, privacy policies, products or services provided through these links or made available through these resources or appearing in such third party websites, nor for any damages or losses, directly or indirectly, caused or alleged to have been caused as a result of your use or reliance on such third party websites.

Such third party websites are not investigated, monitored or checked for accuracy, completeness or conformance with applicable laws and regulations by us. We do not make any representations whatsoever, or give any warranties of any kind, expressed, implied, or otherwise about any websites which you may access through this Website, the content thereof, or the products and/or services made available through such websites. If you decide to leave our Website and access these other websites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of such websites will apply to you while on such websites.

9. LINKS FROM OTHER WEBSITES

Persons providing access to this Website via a link from another website are solely responsible for the content, accuracy, opinions expressed, privacy policies, products or services of, or available through the source website and for any representations made or impressions created concerning Sensationail.

Authorisation by us to link to this Website is given without assumption of any liability by us relating to such links, and we hereby disclaim any such liability. We reserve the right to withdraw any authorisation to link to this Website at any time and for any reason.

Anyone providing access to, or information relating to this Website, whether by link or otherwise, is responsible for bringing these Terms of Use to the attention of the person receiving such access or information. Failure to do so will not result in liability for us.

10. NO WARRANTIES

           THIS WEBSITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, SENSATIONAIL, ITS AFFILIATES, SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. WITHOUT LIMITING THE FOREGOING, SENSATIONAIL, ITS AFFILIATES, SERVICE PROVIDERS AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU OR YOUR COMPANY, SENSATIONAIL, ITS AFFILIATES, SERVICE PROVIDERS AND LICENSORS HEREBY DISCLAIM (A) ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT; (B) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE OPERATION OF THIS WEBSITE OR ANY PART OF IT; (C) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THIS WEBSITE OR ITS AVAILABILITY AT ANY PARTICULAR TIME OR LOCATION; (D) WARRANTIES RELATING TO THE USE, VALIDITY, ACCURACY, CURRENCY OR RELIABILITY OF, OR THE RESULTS OF THE USE OF THIS WEBSITE OR ANY INFORMATION PUBLISHED ON THIS WEBSITE; AND (E) WARRANTIES RELATING TO WEBSITES TO WHICH THIS WEBSITE IS LINKED.

It is your responsibility to evaluate (or take professional advice on) the accuracy and completeness of all information, statements, opinions and other material on this Website or any website with which it is linked.

We do not seek to exclude or limit liability for fraudulent misrepresentation. Your statutory rights as a consumer, if any, are not affected hereby.

11. EXCLUSION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR EMPLOYEES, AGENTS, SUPPLIERS, AND CONTRACTORS EXCLUDE LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE OR ANY WEBSITE WITH WHICH IT IS LINKED. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF SENSATIONAIL, ITS AFFILIATES, SERVICE PROVIDERS AND LICENSORS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED, SHALL NOT EXCEED 100 (ONE HUNDRED) GBP. WE DO NOT SEEK TO EXCLUDE OR LIMIT LIABILITY FOR FRAUDULENT MISREPRESENTATION, DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE.

12. INDEMNITY AND RELEASE

You agree to indemnify, release and hold us harmless as well as our officers, directors, agents, representatives and employees from any claim, liability, loss, expense or demand, including legal fees, related to your violation of these Terms of Use or your access or use of this Website or any of the information, materials, products or services available through this Website.

13. MODIFICATION AND DISCONTINUATION

We reserve the right at any time and from time to time to modify, edit, delete, suspend or discontinue, temporarily or permanently this Website (or any portion thereof) and/or the information, materials and services available through this Website (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Website.

14. ENTIRE UNDERSTANDING

These Terms of Use, the agreements referred to herein and the Terms and Conditions of Supply (should you purchase products from our website) contain the entire understanding between you and us with respect to this Website and no representation, statement, inducement oral or written, not contained herein shall bind any party to these Terms of Use. Our failure to enforce any provision of these Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision. If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provisions of these Terms of Use shall remain in full force and effect.

15. WAIVER

Sensationail's failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein shall not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by Sensationail of any breach of any provision of these Terms of Use or of any right provided for herein shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.

16. APPLICABLE LAW

These Terms of Use and the resolution of any dispute related to these Terms of Use or the Website shall be governed by and construed in accordance with the laws of the United Kingdom without giving effect to any principles of conflicts of law. All actions or proceedings arising out of or relating to these Terms of Use, their validity, performance, enforcement or breach, or the subject matter of these Terms of Use may be heard in England & Wales and you hereby irrevocably consent and submit yourself to the personal jurisdiction of said courts for all such purposes. Notwithstanding the foregoing, we retain the right to bring legal proceedings in any jurisdiction where we believe that breach of these Terms of Use is taking place or originating.

17. CONTACTING US

If you have any questions regarding these Terms of Use or any other matter, you may contact us by writing to us at Sensationail, 400 Capability Green, Luton, Bedfordshire, LU1 3AE, United Kingdom or by e-mailing us at enquiries@sensationail.co.uk