Website Terms and Conditions of Supply
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR SERVICE.
1. Your Status
By placing an order for a subscription through our site, you warrant that: (a) you are legally capable of entering into binding contracts; and (b) you are at least 18 years old.
2. How the Contract is Formed Between You and Us
After registering and choosing a subscription plan, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a subscription. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms that the subscription has started (the Subscription Confirmation). The contract between us (Contract) will only be formed when we send you the Subscription Confirmation.
3. Your Obligations
You shall: (a) provide us with all necessary co-operation in relation to this agreement; (b) comply with all applicable laws and regulations with respect to your activities under this agreement; (c) ensure that your use of the Service is in accordance with our Acceptable Use Policy; and (d) be solely responsible for procuring and maintaining your network connections and telecommunications links from your systems to our data centres.
4. Data Protection
We will process your personal data in accordance with our Privacy Policy, which is incorporated into these Terms.
5. Intellectual Property Rights
You acknowledge and agree that we and/or our licensors own all intellectual property rights in the Service. Except as expressly stated herein, this agreement does not grant you any rights to, or in, patents, copyright, database right, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights or licences in respect of the Service. You retain all right, title and interest in and to all of your data (User Content).
6. Price and Payment
The price of any subscriptions will be as quoted on our site from time to time. Prices are liable to change at any time, but changes will not affect orders for which we have already sent you a Subscription Confirmation.
We take reasonable care to ensure that the prices displayed on our site are correct. However, it is always possible that, despite our efforts, some subscriptions may be incorrectly priced. If we discover an error in the price of your subscription, we will contact you to give you the option of continuing your purchase at the correct price or cancelling your order. We will not process your order until we have your instructions. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we are not obliged to provide the subscription to you at the incorrect (lower) price.
7. Our Liability
This clause sets out our entire financial liability (including any liability for the acts or omissions of our employees, agents and sub-contractors) to you.
Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation.
Subject to the above, we shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under this agreement.
Our total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this agreement shall be limited to the total subscription fees paid by you during the 12 months immediately preceding the date on which the claim arose.
8. Term and Termination
This agreement shall, unless otherwise terminated as provided in this clause, commence on the date of the Subscription Confirmation and shall continue for the subscription period chosen by you and, thereafter, this agreement shall be automatically renewed for successive periods of the same duration, unless either party notifies the other party of termination, in writing, at least 30 days before the end of the initial subscription period or any renewal period.
Without prejudice to any other rights or remedies to which the parties may be entitled, either party may terminate this agreement without liability to the other if the other party commits a material breach of any of the terms of this agreement and (if such a breach is remediable) fails to remedy that breach within 30 days of that party being notified in writing of the breach.
9. General Provisions
Force Majeure: We shall have no liability to you under this agreement if we are prevented from or delayed in performing our obligations under this agreement by acts, events, omissions or accidents beyond our reasonable control.
Variation: We may revise these terms and conditions at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you.
Severance: If any provision of this agreement is found by any court to be invalid, unenforceable or illegal, the other provisions shall remain in force.
Entire Agreement: This agreement, and any documents referred to in it, constitute the whole agreement between the parties and supersede any previous arrangement, understanding or agreement between them relating to the subject matter they cover.
Governing Law and Jurisdiction: This agreement and any dispute or claim arising out of or in connection with it shall be governed by and construed in accordance with the law of England and Wales. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim.
10. Contact Us
If you have any questions about these Terms, please contact us at support@proap.co.uk.