terms & conditions

Thank you for visiting our website (referred to as the “Website”), where you discovered the link to these Terms and Conditions and our Privacy Policy. The Website is our property, and throughout this agreement, we are collectively referred to as “we,” “our,” or “us.”

By accessing the Website or placing an order for a product and/or service through the Website (referred to as “Vendor Services,” and collectively with Subscription Services, as defined below, the “Services”), you agree to be bound by the Terms herein (“Terms of Use”), the Privacy Policy (“Privacy Policy”), and any other operating rules, policies, price schedules, and additional terms and conditions or documents that may be published periodically (collectively, the “Agreement”).

We urge you to carefully review the complete terms of the Agreement. If you do not agree to the Agreement in its entirety, you are not authorized to use the Services and/or Website in any manner or form. It is important to note that access to the Website and/or our Services is specifically denied to individuals covered by the Children’s Online Privacy Protection Act of 1998, as amended (“COPPA”). We reserve the right to deny access to the Services and/or Website to any individual at our sole and exclusive discretion.

SCOPE AND MODIFICATION OF THE AGREEMENT

By using our Website, you acknowledge and accept the terms and conditions specified in the Agreement. The Agreement represents the complete and exclusive understanding between you and us regarding your utilization of the Website, overriding any previous or concurrent agreements, representations, warranties, and/or understandings related to the Website.

Please be aware that these Terms are subject to change periodically. In the event of such changes, we will inform you about the available options resulting from these modifications and provide notice of the updated Terms. Your ongoing use of the Website and/or our Services indicates your full agreement to adhere to the terms and conditions outlined in the Agreement applicable at that time. It is your responsibility to regularly check this page for any updates and/or alterations.

REQUIREMENTS

Access to the Website and utilization of our Services are restricted to individuals capable of entering into legally binding contracts according to applicable law. The Website and Services are not designed for individuals under the age of eighteen (18). If you are under eighteen (18) years old, you are not authorized to use or access the Website and Services.

DESCRIPTION OF THE SERVICES

Subscription Services

Upon acceptance of the terms and conditions outlined in the Agreement, upon registration on the Website and subsequent approval from us, you have the option to access the Subscription Services either for a fee or free of charge. These services encompass email content, text, and various materials (referred to as “Subscription Content”) pertaining to online marketing, delivered by both us and third-party partners (“Third Party Providers”). It is essential to note that this does not constitute investment advice. If you wish to cease receiving Subscription Content, kindly notify us via email. By utilizing the Subscription Content and/or any Subscription Services, you explicitly acknowledge and agree that we bear no responsibility or liability for the accuracy, completeness, or suitability of the Subscription Content, Subscription Services, or any challenges you may encounter in using them. Furthermore, you understand, agree, and affirm that we shall not be held liable for any claims arising in connection with the Subscription Services, whether by you, end-users, or any third party.

Vendor and Third Party Services

By filling out the relevant purchase order forms, you can acquire or attempt to acquire specific products and/or services from the Website. The descriptions of the products and/or services featured on the Website may be directly provided by the manufacturers or distributors who are Third Party Providers of such items. We do not assure that these descriptions are accurate or comprehensive. You acknowledge and agree that we are not accountable or liable in any way for your inability to procure products and/or services from the Website or for any disputes with the sellers, distributors, or end-user consumers of the products. You further understand and agree that we are not liable to you or any third party for any claims related to the products and/or services offered on the Website.

General

When registering for the Services, you are required to provide certain information, which may include, but is not limited to: (a) your full name; (b) company name; (c) email address; (d) mailing address (and billing address if different); (e) home telephone number; (f) work telephone number; (g) fax number; (h) credit card information; and/or (i) any other details specified in the relevant registration form (“Service Registration Data”). It is a condition that you furnish accurate, current, and complete Service Registration Data. We reserve the right to reject any Service Registration Data at our sole discretion if it is determined that: (i) you are in violation of any part of the Agreement; and/or (ii) the provided Service Registration Data is incomplete, fraudulent, duplicated, or otherwise unacceptable. The criteria for Registration Data may be altered at any time, at our sole discretion.

Unless explicitly stated otherwise, any future offers presented on the Website that enhance the current features of the Website will be governed by the Agreement. You acknowledge and agree that we bear no responsibility or liability for any inability on your part to use and/or qualify for the Services. Additionally, we shall not be held liable to you or any third party for any modification, suspension, or discontinuation of any Services or other products, services, or promotions offered by us and/or our Third-Party Providers. Your refusal to use the Website is your sole right and remedy in relation to any dispute with us.

LICENSE GRANT

As a user of the Website, you are given a limited, non-transferable, revocable, and non-exclusive license to access and utilize the Website, Content, and related materials in compliance with the Agreement. This license can be terminated by us at any time and for any reason. Your use of the Website and Content is restricted to a single computer for personal, non-commercial purposes. Reproducing any part of the Website, Content, and/or Services in any form or integrating them into any information retrieval system, electronic or mechanical, is prohibited.

You are not permitted to use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer, or transfer the Website, Content, and/or Services, or any part thereof. Any rights not explicitly granted in the Agreement are reserved by us. It is prohibited to employ any device, software, or routine to disrupt or attempt to disrupt the proper functioning of the Website. Taking actions that impose an unreasonable or disproportionately large load on our infrastructure is not allowed. Your right to use the Website, Content, and/or Services is non-transferable

PROPRIETARY RIGHTS

The Website, Content, and Services, including their content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, and services, are protected by applicable copyrights, trademarks, and other proprietary (including, but not limited to, intellectual property) rights. Any copying, redistribution, publication, or sale of any part of the Website, Content, and/or Services is strictly forbidden. Automated retrieval of material from the Website, Content, and/or Services, as well as any form of scraping or data extraction to create a collection, compilation, database, or directory, without our written permission, is prohibited. You do not gain ownership rights to any content, document, software, services, or other materials viewed on or through the Website, Content, and/or Services. Posting information or material on the Website, or through the Services, by us does not waive any right to such information and/or materials. Our name, logo, and associated graphics, icons, and service names are our trademarks. All other trademarks on the Website or through the Services are the property of their respective owners. The use of any trademark without the express written consent of the applicable owner is strictly prohibited.

CONFIDENTIAL INFORMATION

Confidential information refers to any proprietary and confidential details, communicated either verbally or in writing, that are explicitly marked as confidential or reasonably presumed to be confidential given the nature of the information and the context. This definition excludes information that: (1) is publicly known without any violation of confidentiality; (2) was already known before disclosure without any disclosure restrictions; (3) is independently developed without any breach; or (4) is rightfully obtained from a third party without any restriction on disclosure. The parties involved are obligated to utilize confidential information solely for fulfilling their obligations under the agreement. Selling first-party data is prohibited without consent.

The obligation to safeguard confidential information ceases one (1) year after the termination date of the agreement.

HYPERLINKING TO THE WEBSITE, CO-BRANDING, "FRAMING" AND/OR REFERENCING THE WEBSITE PROHIBITED

Without explicit authorization from us, individuals are prohibited from creating hyperlinks to the Website or any of its components (including, but not limited to, logotypes, trademarks, branding, or copyrighted material) on their website or web venue for any purpose. Additionally, framing the Website and/or mentioning the Uniform Resource Locator (“URL”) of the Website in any commercial or non-commercial media without our prior, express, written permission is strictly forbidden. You agree to collaborate with the Website to promptly remove or discontinue any such content or activity. It is hereby acknowledged that you will be held responsible for any damages associated with such actions.

EDITING, DELETING AND MODIFICATION

We retain the authority, at our sole discretion and without prior notification, to modify and/or remove any documents, information, or other content displayed on the website.

DISCLAIMER

The website, services, content, any third-party products received from our third-party providers, and/or any other products and/or services applied for through the website are provided to you on an “as-is” and “as-available” basis. All warranties, express and implied, are disclaimed to the fullest extent permissible under applicable law. This includes the disclaimer of any warranties of merchantability, non-infringement of intellectual property, and/or fitness for a particular purpose.

Specifically, we make no warranty that: (A) the website, services, content, any third-party products received from our third-party providers, and/or any other products and/or services applied for through the website will meet your requirements; (B) they will be uninterrupted, timely, secure, or error-free; (C) you will qualify for the services; or (D) the results obtained from the use of the website, services, content, any third-party products received from our third-party providers, and/or any other products and/or services applied for through the website will be accurate or reliable.

The website, services, content, any third-party products received from our third-party providers, and/or any other products and/or services applied for through the website may contain bugs, errors, problems, or other limitations. We are not liable for the availability of the underlying internet connection associated with the website. No advice or information, whether oral or written, obtained by you from us, any of our third-party providers, or otherwise through or from the website, shall create any warranty not expressly stated in the agreement.

DISCLAIMER FOR HARM CAUSED BY DOWNLOADS

Users assume the risk when downloading information from the website. We do not guarantee that these downloads are free from potentially harmful computer codes, such as viruses and worms.

LIMITATION OF LIABILITY

You explicitly acknowledge and agree that we will not be held responsible for any direct, indirect, incidental, special, consequential, and/or exemplary damages, including but not limited to loss of profits, goodwill, use, data, or other intangible losses. This applies to the fullest extent permitted by law and encompasses: (a) the use or inability to use the website, services, content, any third-party products received from our third-party providers, and/or any other products and/or services applied for through the website; (b) the cost of procuring substitute goods and services resulting from goods, data, information, and/or services obtained through the website; (c) failure to qualify for services or third-party products from our third-party providers, or any subsequent denial of third-party products; (d) unauthorized access to or alteration of your registration data; and (e) any other matter relating to the inability to use the website, services, content, any third-party products received from our third-party providers, and/or any other products and/or services applied for through the website. This limitation applies to all causes of action, including but not limited to breach of contract, breach of warranty, negligence, strict liability, misrepresentations, and all other torts. You release us and our third-party providers from any and all obligations, liabilities, and claims beyond the stated limitation. If applicable law does not allow such a limitation, our maximum liability to you under any circumstances will be five hundred dollars ($500.00). The exclusion of damages mentioned above is a fundamental element of the agreement between you and us. The provision of the website, services, content, any third-party products received from our third-party providers, and/or any other products and/or services applied for through the website would not be provided to you without such limitations.

INDEMNIFICATION

You agree to indemnify and hold us, our parents, subsidiaries, and affiliates, as well as their respective members, officers, directors, employees, agents, co-branders, and/or other partners, harmless from any claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands, and/or judgments made by any third party due to or arising out of: (a) your use of the website, services, or content; (b) your breach of the agreement; and/or (c) your violation of the rights of another individual and/or entity. These indemnification provisions benefit us, our parents, subsidiaries, and/or affiliates, as well as their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers, and/or attorneys. Each of these individuals and entities has the right to assert and enforce these provisions directly against you on its own behalf.

THIRD PARTY WEBSITES

The website may contain links or references to other internet websites and resources, including those owned by third-party providers. Since we lack control over these third-party websites and resources, you acknowledge and agree that we are not accountable for their availability. Additionally, we do not endorse, and are not responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products, or other materials on or available from such third-party websites or resources. Any damages or losses arising from these sources are not our responsibility.

PRIVACY POLICY/VISITOR INFORMATION

Your use of the website, as well as any comments, feedback, information, registration data, or materials you submit through or in connection with the website, are subject to our privacy policy. We retain the right to utilize all information related to your website usage and any personally identifiable information you provide, in accordance with our privacy policy and relevant data protection laws.

LEGAL WARNING

Any attempt by an individual, whether a customer or not, to harm, destroy, tamper with, vandalize, or otherwise disrupt the website’s operation is considered a violation of both criminal and civil law. We will actively pursue all available remedies against any offending individual or entity to the maximum extent allowed by law and equity.

CHOICE OF LAW AND VENUE

This agreement will be governed by and interpreted in accordance with the laws of the United Kingdom. The parties will make good-faith efforts to negotiate a settlement for any claim or dispute arising from or in connection with this agreement. If an agreement on settlement terms cannot be reached, the parties will exclusively submit the dispute to confidential arbitration proceedings in London, conducted by a sole arbitrator under ICC rules, whose decision will be final and binding. Neither party is permitted to file a claim with its local court of domicile or any other forum.

Data Protection Addendum

This Addendum on Data Protection is an integral component of our Terms and Conditions, collectively referred to as the “Principal Agreement.”

The definitions assigned to terms in this Addendum are applicable exclusively within the context of this document. Any capitalized terms not explicitly defined herein maintain the meanings ascribed to them in the overarching Agreement. Save for the modifications outlined herein, the provisions of the Agreement shall persist in their entirety.

In recognition of the reciprocal obligations outlined herein, the involved parties mutually consent to the incorporation of the terms and conditions specified below as an additional Addendum to the existing Agreement. Unless context dictates otherwise, all references in this Addendum to the Agreement pertain to the Agreement as amended by, and inclusive of, this Addendum.

1. Definitions

1.1. In this Addendum, the meanings of the following terms are specified, and related terms are to be interpreted accordingly:

1.1.1. “Applicable Laws” refers to (a) European Union or Member State laws concerning any Personal Data for which the data subject falls under EU Data Protection Laws; and (b) any other relevant law regarding Personal Data subject to other Data Protection Laws.

1.1.2. “Controller” denotes the entity responsible for determining the purposes and methods of processing Personal Data.

1.1.3. “Data Protection Laws” encompasses EU Data Protection Laws and, where applicable, the data protection or privacy laws of any other country.

1.1.4. “EU Data Protection Laws” includes EU Directive 95/46/EC, as transposed into the domestic legislation of each Member State and as amended, replaced, or superseded over time, including by the GDPR and laws implementing or supplementing the GDPR.

1.1.5. “GDPR” stands for EU General Data Protection Regulation 2016/679.

1.2. The terms “Data Subject,” “Member State,” “Personal Data,” “Personal Data Breach,” and “Processing” carry the same meanings as in the GDPR, and their related terms are to be interpreted accordingly.

2. Collection and Processing of Personal Data

2.1. We will:

2.1.1. Adhere to all relevant Data Protection Laws while processing Personal Data.

2.1.2. Confirm and guarantee that:

2.1.2.1. We possess all required permissions and consents from pertinent data subjects on behalf of us, aligning with Applicable Laws. This enables us to lawfully collect, process, and share Personal Data via the Services as outlined in the Agreement, including this Addendum.

2.1.2.2. We will consistently provide a mechanism for obtaining consent from data subjects and a means for them to withdraw such consent, all in accordance with Applicable Laws.

2.1.2.3. We will keep a record of and notify all instances of consent and withdrawal of consent from data subjects in compliance with Applicable Laws.

2.1.2.4. We will publish, maintain, and adhere to a publicly available privacy policy.

2.1.2.5. We acknowledge the commitment not to offer the Services to children under the age of eighteen (18).

3. Security

3.1. Considering the latest advancements, the expenses associated with execution, and the characteristics, extent, setting, and objectives of Processing, along with the variable risks to the rights and freedoms of individuals, we will employ suitable technical and organizational measures to establish a security level commensurate with the identified risk. This includes, when applicable, the measures outlined in Article 32(1) of the GDPR.

3.2. When determining the suitable security level, we will specifically consider the risks arising from Processing, particularly those related to a Personal Data Breach.

4.Subprocessing

4.1. Every user of the website grants us the authority to designate Subprocessors (and allows each Subprocessor appointed in accordance with this section to designate additional Subprocessors) in compliance with this section and any limitations outlined in the Agreement.

4.2. In relation to each Subprocessor appointed by us, we will guarantee that the relationship between us and the Subprocessor is regulated by a written contract. This contract must include terms that provide a minimum level of protection for Personal Data, equivalent to the standards outlined in this Addendum, and fulfill the prerequisites of article 28(3) of the GDPR.

5.Data Subject Rights

Considering the nature of the Processing, we commit to assisting, to the extent possible, in responding to requests to exercise Data Subject rights under the Data Protection Laws.

6. Personal Data Breach

6.1. Promptly upon becoming aware of a Personal Data Breach that impacts the Personal Data of a Data Subject, we will immediately notify the affected Data Subject without undue delay. This notification is in accordance with the obligations under the Data Protection Laws. We will also provide assistance in the investigation, mitigation, and remediation of each such Personal Data Breach.

7.General Terms

7.1. The parties involved in this Addendum agree to abide by the jurisdiction specified in the Agreement concerning any disputes or claims arising from this Addendum. This includes disputes related to its existence, validity, termination, or the consequences of its nullity. The laws of the country or territory specified in the Agreement govern this Addendum and all non-contractual or other obligations arising from or connected to it.

7.2. If any provision of this Addendum is deemed invalid or unenforceable, the remaining provisions shall remain valid and effective. The invalid or unenforceable provision will either be (i) modified to ensure its validity and enforceability while preserving the parties’ intentions as closely as possible, or if this is not feasible, (ii) interpreted as if the invalid or unenforceable part had never been included.

IN WITNESS WHEREOF, this Addendum is executed and becomes an integral part of the Agreement, effective from the date initially specified.