TERMS AND CONDITIONS

 

Effective Date: 21/05/2017

 

 

  • Introduction

 

    1. This website is owned and operated by JMAC Imports LTD. Our company information is at the end of this document.

 

    1. Please read these terms and conditions carefully. They cancel and replace any previous versions. By registering on or using our Service (as defined below) you agree to be bound by these terms and conditions. Please print or save these terms for future use as we will not keep a file copy specifically for the transaction with you and we cannot guarantee that they will remain accessible on our website in future. These terms and conditions are available in the English language only.

 

    1. These terms and conditions apply to all Users. The Addendum (at the end of these terms and conditions) contains additional terms which apply only to Advertisers.  In the event of any conflict, the Addendum takes priority.

 

 

  • Definitions

 

    1. Capitalised terms have the following meanings in these terms and conditions:
      1. “Advertisements” – all promotions on our Service of any kind including product advertisements;
      2. “Advertiser” – a User who places an Advertisement on our Service.
      3. “Consumer” – an individual acting for purposes which are wholly or mainly outside that person’s trade, business, craft or profession.
      4. “Content” – all information of whatever kind (including Advertisements images, photos, videos, messages etc.,) published, stored or sent on or in connection with our Service.
      5. “Service” – our website, the services we offer by means of our website and any related software and services.
      6. “User” – persons or organisations using our Service (whether or not registered with us) including Advertisers.

 

 

  • Changes to the terms and conditions

 

    1. We may change these terms and conditions by posting the revised version on our website at least 14 days before they become effective. Please check our website from time to time. You will be bound by the revised agreement if you continue to use our Service following the effective date shown.

 

 

  • Use of our Service

 

    1. We grant Users a limited personal non-transferable right to use our Service subject to these terms and conditions.

 

      1. publish or send any Content such as reviews which involves revealing any personal data of another person (i.e. information enabling someone to be identified or contacted) unless that person is 18 years or over and you have obtained that person’s explicit written consent;
      2. impersonate any person or entity for the purpose of misleading others;
      3. publish or send any Content which links to any third party websites which are unlawful or contain inappropriate Content;
      4. sell access to the Service;
      5. sell advertising, sponsorship or promotions on or in connection with Content except where explicitly authorized by us;
      6. use the Service for junk mail, spam, pyramid or similar or fraudulent schemes;
      7. do anything which may have the effect of disrupting the Service including  worms, viruses, software bombs or mass mailings;
      8. do anything which may negatively affect other Users’ enjoyment of the Service;
      9. gain unauthorised access to any part of the Service or equipment used to provide the Service;
      10. use any automated means to interact with our systems excluding public search engines; or
      11. attempt, encourage or assist any of the above.

 

    1. You must comply with any guidelines or requirements on our website.

 

    1. We are entitled to impose and/or change limitations on usage of our Service, for example in relation to bandwidth.

 

    1. We do not supply support except to the extent specifically stated on our site, as may be varied from time to time.

 

    1. Content

 

    1. We reserve the right without notice or refund to suspend, alter, remove or delete Content or to disclose to the relevant authorities or to a complainant any Content or behaviour if it is the subject of complaint or where we have reason to believe that it breaches our terms and conditions, or that such steps are necessary to protect us or others, or that a criminal act has been committed, or if we are required to do so by law or appropriate authority.  If so, you must not attempt to re-publish or re-send the relevant Content.

 

 

  • Third party services / advertising / websites

 

    1. We may use third party-provided services or display third party advertising within our Service and/or link to third party websites which may be of interest to you. We do not recommend or endorse, nor are we legally responsible for, those sites or services.  You use them at your own risk.   

 

 

  • Guidance by us

 

    1. Any guidance or similar information which we ourselves make available on our Service is intended as very general guidance information but we cannot guarantee that it is accurate or up to date and we do not accept legal responsibility for it. Before acting on such information, you must make your own appropriate and careful enquiries including as to its accuracy and suitability for your purposes. You rely on such information at your own risk.

 

 

  • Your account

 

    1. Your account on our Service is for your personal use only and is non-transferable. You must not authorise or permit any other person to use your account. You must take reasonable care to protect and keep confidential your password and other account or identity information. You must notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password. You are responsible for third parties who use your account or identity (unless and to the extent that we are at fault).

 

 

  • Functioning of our Service

 

    1. We do not guarantee that the Service will be uninterrupted or error-free and are not responsible for any losses arising from such interruptions or errors.

 

    1. We are entitled, without notice and without liability, to take down or suspend the Service for repair, maintenance, improvement or other technical reason.  

 

    1. We are entitled, without notice and without liability, to make changes to the Service provided these do not have a material adverse effect.

 

 

  • Liability

 

    1. Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our employees and agents.

 

    1. You must give us a reasonable opportunity to remedy any matter for which we are potentially liable before you incur any costs remedying the matter yourself.

 

    1. In no event (including our own negligence) will we be liable for any:
      1. economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
      2. loss of goodwill or reputation;
      3. special, indirect or consequential losses; or
      4. damage to or loss of data

(even if we have been advised of the possibility of such losses).

 

    1. You will indemnify us against all claims and liabilities directly or indirectly related to your use of the Service and/or breach of this agreement.

 

    1. To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement.

 

    1. This agreement constitutes the entire agreement between us with respect to its subject matter and supercedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded.

 

 

  • Intellectual property rights

 

    1. All trade marks, logos, Content, graphics, images, photographs, animation, videos, text and software used on the Service are our intellectual property or that of our Advertisers or partners. For the purposes of your personal use only, you may view such material on your screen and print a single copy.  You may not otherwise use, sublicense, retrieve, display, modify, copy, print, sell, distribute, download, hire, reverse engineer (unless permitted by applicable law) or create extracts of, or derivative works from, such material without our specific prior written consent.

 

    1. Just to be clear – you must not collect, scrape, harvest, frame or deep-link to any Content on our Service without our specific prior written consent.

 

 

  • Privacy

 

    1. You acknowledge and agree that we may process your personal data in accordance with the terms of our privacy and cookies policy [link] which is subject to change from time to time.

 

 

  • Events outside our control

 

    1. We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures.

 

 

  • Transfer

 

    1. We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.

 

 

  • English law

 

    1. These terms and conditions shall be governed by English law and any disputes will be decided only by the courts of the United Kingdom.  

 

 

  • General

 

    1. We may send all notices under this agreement by email to the most recent email address you have supplied to us (unless otherwise stated in this agreement). Headings used in this agreement are for information and not binding. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (i.e. that it cannot be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, then it will be replaced with a provision which as far as possible achieves the same thing and the rest of the agreement shall continue to apply. A person who is not a party to this agreement shall have no rights to enforce this agreement except insofar as expressly stated otherwise. The parties are independent contractors and, except as otherwise specifically stated above, nothing in this agreement constitutes any party as agent, employee or representative of the other.

 

 

  • Complaints

 

    1. If you have any complaints, please contact us via the contact details shown below.

 

 

  • Company information

 

    1. Company name: JMAC Imports Ltd
    2. Country of incorporation: England and Wales.
    3. Registered number: 10458055
    4. Registered office and trading address: 12 Tentercroft St, Lincoln, LN5 7DB
    5. Other contact information: See www.promaxfitness.co.uk

 

Version 1.5

 

ADDENDUM APPLICABLE ONLY TO ADVERTISERS

 

 

  • Your Advertisement

 

    1. We reserve the right in our discretion without notice to edit the text or layout of Advertisements or to locate or relocate Advertisements on our Service in order to ensure that your Advertisement complies with our terms and conditions and otherwise to the extent that we think fit (provided that you achieve prominence which is broadly equivalent to what we offer for your particular package).  

 

    1. You accept that we cannot guarantee the quantity or quality of Users who may respond to Advertisements.

 

    1. You must not advertise more than one position / contract in any Advertisement.

 

    1. We reserve the right to irretrievably delete your Advertisement following expiration of the relevant period / subscription or on cancellation of this agreement.

 

 

  • Payment

 

    1. If applicable, fees for Advertisements and/or subscription payments must be paid in advance. The prices shown on our website exclude VAT unless we say otherwise. VAT must also be paid if applicable.

 

    1. You are legally committed to pay once we confirm your order.

 

    1. If we so specify on the payment page of our Service, your payment will continue to be auto-renewed for the same period which you signed up to unless you cancel before the renewal date by following the instructions on our Service. You authorise us and our third party payment provider to charge your payment card for the relevant amounts when payments are due in accordance with this agreement.

 

    1. We may at any time change our prices. For existing subscribers, we will give you notice by email at least 14 days before any price change takes effect. If you do not accept the new fee, you should cancel your subscription. Otherwise the next renewal of your subscription after the notice period will be at the new price.

 

    1. You must contact us immediately with full details if you dispute any payment.

 

    1. We may also charge for Advertisements on the basis of clicks, impressions, leads or other events (“Event”) or in some other way. In the case of “pay per click” Advertisements, a click means all clicks by a unique user on an Advertisement over a 24-hour period. In the case of CPM Advertisements, an impression means a single instance of an advertisement being displayed. You acknowledge that our tracking records shall be conclusive as to the occurrence of any Event.

 

    1. You may at any time cancel your Advertisement or subscription by following the instructions on our Service. Such cancellation does not give rise to any refund.

 

    1. You must make all payments without any set-off, counterclaim or any other deduction. Time shall be of the essence for all payments under this agreement.

 

    1. If any amount due to us is unpaid (including unjustifiable chargeback), without prejudice to any other remedy that may be available to us, we may charge you: (1) a reasonable additional administration fee; (2) the amount of any third party charges imposed on us; and/or (3) interest (both before and after judgment) on the amount unpaid at the rate for the time being that would be applicable if the debt were a qualifying debt under the Late Payment of Commercial Debts (Interest) Act 1998.