Terms and conditions
1.1 This document (together with any documents referred to in it) tells you the terms and conditions (the 'Conditions') upon which we will supply the Services to you. You may print a copy for future reference.
1.2 'Business Day' means a day other than a Saturday, Sunday or public holiday when banks in London are open for business.
1.3 'Event Outside Our Control' has the meaning given in clause 15.
1.4 'Services' means the services listed on the Website which we may supply.
1.5 Before confirming your order please read through these Conditions and in particular our cancellations and returns policy at clause 10 and limitation of our liability and your indemnity at clause 0.
1.6 By ordering any of the Services, you agree to be legally bound by these Conditions. You will be unable to proceed with your transaction if you do not accept these terms and conditions.
2.1 We, Marketing Byte LTD, own and operate this Website. We're a limited company registered in England and Wales under company number: 11460183. Our registered office is at 63-66 Hatton Garden, Fifth Floor, Suite 23, London, EC1N 8LE. Our VAT Number is GB 299587417.
2.2 Our email address is email@example.com
To be eligible to purchase the Services and lawfully enter into and form a contract with us, you must be 18 years of age or over.
The Supplier shall grant you a limited and non-exclusive license to use the Services including the access and the visualization of the contents that are offered exclusively for personal and non-commercial purposes, as established in these Terms.
4.2 The content of the service is only accessible personally and for non-commercial purposes of compliance with these Terms. It cannot, either directly or through the use of any device, software, Internet site, web service or other means, delete, alter, evade, avoid, interfere with or circumvent any copyright, trademark or other property notices marked on the content or any management mechanism of digital rights, device or other measure of access control or protection of content associated with it, including geo-filtering mechanisms.
4.3 All content is owned by us or our affiliates and / or third parties (as applicable), unless otherwise indicated. Materials cannot be used except as provided in these Terms.
4.4 You acknowledge and agree that part of the content that is provided is owned by third parties and without prejudice to each and every one of the other rights and remedies available, every third party has the right to directly apply the relevant provisions within these terms.
4.5 The provider’s logo and all other trademarks are their own trademarks. All other trademarks, logos, images, product and company names mentioned or shown on the website or any device are the property of their respective owners. Nothing gives you any license or right to use, alter or remove such material.
4.6 You can neither directly nor through the use of any device, software, site, Internet, web-based service or other means of copying, downloading, capturing, reproducing, duplicate, archive, distribute, upload, publish, modify, translate, transmit, perform, display, sell, transmit or retransmit the content unless the provider expressly allow in writing.
4.7 You cannot incorporate the Content, transmit or retransmit it through any hardware or software application, or put it to provision through online frames or links, unless the provider allows it expressly in writing.
4.8 In addition, you cannot create, recreate, distribute or advertise an index of any significant portion of the Content unless authorized by the provider.
4.9 You cannot build a business that uses the Content, whether or not for purposes of profit. The content covered by these restrictions includes, among others, text, graphics, design, interface, logos, photographs, audio and video materials or frames.
4.10 In addition, it is strictly forbidden to create jobs or materials derived or based on the Content in any way, including assemblies, mixtures and Similar videos, wallpapers, desktop themes, greeting cards and merchandise, unless expressly permitted by the supplier in writing. This prohibition applies even if you intend to give away materials derived from free form.
4.11 The availability of the content will change from time to time, and from country to country. The quality of reproduction, visualization or audio content may vary from one computer to another and from one device to another, and may be affected by a variety of factors, such as location, available bandwidth and / or speed of your Internet connection. The provider does not grant guarantees about the quality of its experience.
4.12 You can instantly see the content through the service of the provider only in the geographic locations where we offer our service and we have license of them. The content that may be available will vary according to the geographical location. The provider will use the appropriate technologies to verify their geographic location.
5.1 The prices of the Services are quoted on the order page.
5.2 Prices and any other charges quoted on the order page are based on performance of the Services in the United Kingdom unless otherwise specified.
5.3 Unless otherwise stated, the prices quoted include VAT (if applicable) on the total amount due from you.
6.1 Payment can be made by any major prepay, credit or debit card.
6.2 By placing an order, you consent to payment being charged to your prepay/debit/credit card account as provided on the order form.
6.3 During registration, you will be offered a free trial of 7 days. If you cancel your account within the free trial period, you will only see authorisation charges and corresponding refunds in your statement within 7 days for the purposes of verification and security of our customers.
6.4 If you do not cancel your account within this time, your account is automatically extended to a premium account at a cost of £ 49.99 per month.
6.5 To start your premium subscription, you expressly agree that we are allowed to charge corresponding to the current rate at that time, the payment method provided during registration (or to a different payment method if you change your account information).
6.7 The subscription fee will be charged at the beginning of the pay period when registering for the first time, and each month thereafter until you cancel your subscription. We will automatically bill via your payment method each month on the day corresponding to the start of your subscription.
6.8 You acknowledge that the amount billed each month may vary due to the inclusion of different amounts from promotional offers; and likewise you authorize us to charge your payment method such amounts to respond to those services and they will be billed monthly at one or more amounts.
6.9 For certain payment methods, the issuer of your payment method may charge you foreign transaction fees or related charges. Check with your bank issuers and credit card details.
6.10 All prices and charges mentioned herein shall be deemed gross prices and contain all taxes; however, it does not contain any fees or charges that may be incurred in connection with the payment method chosen in particular.
6.11 You declare that you accept its terms and use, and agree to pay this way. The supplier, within the limits permitted by law, is not responsible for any inconvenience or damage caused by the use of particular payment method, especially delays or inability to make payment. In this case, you must file a complaint about those services provider in the manner prescribed by its terms.
6.13 By accepting the Terms, you agree to the transfer of your personal data (ie name, last name, address, email address and bank account number) provider in order to make that payment.
6.14 You are responsible for costs incurred for Internet access.
6.15 We can change the rates and charges in effect, or add new fees and charges from time to time, but you will be notified in advance of these changes via email.
6.16 To use a different payment method or if there is a change in the method of payment, such as the validity or expiration date of your credit card, you can edit your information by visiting our website and accessing your user panel.
6.17 If your payment method reaches its expiration date and you do not edit your information or cancel your account (see “Cancelling your Contract and returns" below) you allow us to continue billing with that payment method and are responsible for uncollected amounts.
7.1 Any order placed by you for the Services constitutes an offer to purchase them from us.
7.2 You agree that if we contact you to acknowledge receipt of your order such communication shall not amount to our acceptance of your offer to purchase the Services.
7.3 A 'Confirmation Notice' means an email which we send to you to confirm that we shall be providing the requested Services. A Confirmation Notice will be our acceptance of the offer made in the order to which that Confirmation Notice relates.
7.4 A contract between you and us for the supply of the Services (the 'Contract') incorporating the version of these Conditions in force at the time of your order will come into existence when we send you the Confirmation Notice relating to your order. You may print and keep a copy of the Confirmation Notice for future reference.
7.5 If you think that there is a mistake in the Confirmation Notice or if you wish to make any changes, please contact us to discuss this. If you request a change, we will tell you if that is possible and about any changes to the price, delivery or performance dates or any other changes that we need to make as a result of your request. We will ask you if you wish to go ahead with the change.
7.6 We may make
7.6.1 changes to these Conditions as a result of changes in any relevant laws and regulatory requirements,
7.6.2 changes to these Conditions as a result of changes in how we accept payment from you,
7.6.3 changes in the amount payable by you to the extent of any changes included in the price or payable in relation to the price.
7.7 If we make any changes in accordance with clause 7.6 we will give you written notice of the changes before we supply the Services. You can choose to cancel the contract if the change would be significantly to your disadvantage.
7.8 Any variation to these Conditions which have been incorporated into the Contract or to the Contract other than those mentioned in clause 7.6 shall only be binding when agreed in writing and signed by you and us.
8.1 In order to use the Services, any device on which you wish to use it must comply with the minimum requirements of the Site, that is, Internet connection, web browser, Java Script, shockwave, flash etc.
8.2 Support services are only provided during the provider's usual business hours and exclude weekends and holidays. The provider can condition the time and delivery of Support Services to whichever method you choose. It can include communication by email, through the live chat system, or even through the same Site.
8.3 The provider is not required to provide any other assistance, support, maintenance or other services or to perform any assistance through no other method. If the provider, in its sole discretion, agrees to provide Additional services, such additional service will be governed by these Terms.
8.4 In any case, support will always be provided through the following means: Email - firstname.lastname@example.org
8.5 In the event that an Event Outside Our Control prevents us from performing the Services within a reasonable time from the date we accept the order, clause 15 will apply.
8.6 We can change, or suspend either temporarily or permanently, some or all of the provider's services (including content and devices through which access to the Services thereof) with respect to any or all users at any time without notice at the discretion of the provider.
8.7 You agree that the provider will not be liable to you for any modification, suspension or discontinuance of the Services, although the provider may, in its sole discretion, provide a credit, refund, rebate or other form of consideration (for example, can credit days additional service to your account).
8.8 However, if the provider cancels your account or suspend or interrupt access to services due to the violation of these Terms, they will not apply any credit, refund, rebate or other similar consideration.
9.1 If the Services provided do not conform to the Contract due to them not being provided with reasonable care and skill:
9.1.1 you should provide us with details of the problem as soon as reasonably possible;
9.1.2 if we repeat performance of the Services to fix the problem, we will do so at our own cost and as soon as reasonably practicable.
9.2 As a consumer, you have legal rights in relation to Services not carried out with reasonable skill and care, or if the materials we use are faulty or not as described. Nothing in these Conditions will affect these legal rights.
10.1.1 Note that you must cancel your subscription within 7 days trial period to avoid the next billing.
10.1.2 You may notify us of your decision to cancel by:
10.1.2.1 going to your account settings, and manage subscription once after 6 days of trial period.
10.1.2.2 completing a cancellation form found on our Website, printing it and emailing as detailed below, or
10.1.2.3 sending a statement saying that you wish to cancel quoting your name, address, the name or a description of the Services and your order reference number by:
10.1.2.3.1 Email at email@example.com
10.2.1 You can unsubscribe at any time and will continue to have access to the service until the end of the monthly billing period. Note that you must cancel your subscription before renewing each monthly period to avoid the next billing.
10.2.2 You may notify us of your decision to cancel by:
10.2.2.1 going to your account settings, and manage subscription once after 6 days of trial period.
10.2.2.2 completing a cancellation form found on our Website, printing it and emailing as detailed below, or
10.2.2.3 sending a statement saying that you wish to cancel quoting your name, address, the name or a description of the Services and your order reference number by:
10.2.2.3.1 Email at firstname.lastname@example.org
10.3.1 Payments are non-refundable and do not provide refunds for subscription periods for partial months.
10.3.2 At any time and for any reason, we can provide a refund, rebate or other consideration to some or all of our members if deemed appropriate. The amount and form of such refunds, as well as the decision to provide them, are in our sole and absolute discretion.
10.3.3 If the Contract is for the supply of services only, we will refund you the sum in clause
10.3.2 within 14 days of notifying you.
10.3.4 We will refund you the sum in clause 10.3.2 using the same method of payment used by you, unless you agree to a refund by a different method of payment.
We care for your safety and protection against fraud. If you detects any charges on your account that has not been previously authorized and is not related to you, either directly or indirectly, we will reimburse the full amount. If you experience a fraudulent charge on your account, please contact our support team by emailing us at: email@example.com
You have the right to file a complaint for the Services. Any complaints sent to the email address: firstname.lastname@example.org with a brief description of the reasons for the complaint. Each complaint received will be examined within 30 business days, and will be informed of the outcome in further 5 days.
13.1 We have a duty to supply Services to you that conform to the Contract including a duty to ensure that
13.1.1 the Services are carried out with reasonable care and skill
13.2 You agree to indemnify and make the supplier, its owners, subsidiaries, affiliates, officers, directors and employees harmless against any claim, demand or damage, including reasonable attorneys' fees, made by any third party due to or arising from your use or conduct in the use of the Site and / or Service.
13.3 If a Clause of this Agreement is determined by any court or other competent authority to be unlawful and/or unenforceable, the other Clauses of this Agreement will continue in effect.
13.4 You cannot assign or transfer any rights or obligations under the Agreement.
13.5 We cannot exclude our liability for a failure to comply with these duties mentioned in this subclause. Nothing in these Conditions affects your legal rights if these duties are not complied with. You can obtain advice about your legal rights from Citizens Advice if you need to.
13.6 We cannot exclude or limit our responsibility to you for:
13.6.1 Death or personal injury resulting from our negligence or the negligence of our employees
13.6.2 Fraud or fraudulent misrepresentation
13.7 You are purchasing the Services as a consumer. If you purchase the Services for any business purpose including for re-sale, we will not be liable for any business losses, loss of profits, loss of contracts, loss of business opportunities, loss of management time, loss of business data or losses due to interruption of your business.
We reserve the right to terminate or restrict the use of our service, without notice, for any reason or no reason. If we terminate the use of our service and you have not violated the terms, we issue a refund as per 10.3.2 for the amounts paid from the date of termination to the end of your billing period.
15.1 Except for our obligations under this clause, we shall not be responsible for delays or failures in delivery or performance of our obligations to you resulting from any act, event, omission, failure or accident outside our reasonable control ('Event Outside Our Control').
15.2 We will take all reasonable steps to minimise a delay in performing our obligations to you which arises from an Event Outside Our Control.
15.3 We will promptly notify you of any Event Outside Our Control which prevents us from or delays us in performing our obligations to you, giving details of it and (where possible) the extent and likely duration of any delay.
15.4 Our performance will be deemed to be suspended for the period that the Event Outside Our Control continues.
15.5 You may end the Contract after we have notified you of an Event Outside Our Control and we will then refund you any money you have paid to us under the Contract for the Services which we have been unable to deliver to you.
Except for our affiliates, directors, employees or representatives, a person who is not a party to the Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
You understand and expressly agree that use of the site and the service is done at your own risk. The provider and its suppliers provide the service without any warranty or condition of any kind, either express, implied, statutory or otherwise. Also the provider does not guarantee that the site and service meet your particular requirements, or to be interrupted for reasons beyond the same. Also, the provider not responsible for any other circumstance beyond servers, the site or the service provided by it. All materials obtained from external to the site or service form, are solely the user and the provider disclaims all liability in relation thereto
19.1 We reserve the right to change the domain address of this Website and any services, products, product prices, product specifications and availability at any time.
19.2 Every effort is made to keep information regarding stock availability on the Website up to date. However, we do not guarantee that this is the case, or that stock will always be available.
19.3 If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Contract and the remainder of the provision in question will not be affected.
19.4 All Contracts are concluded in English or Spanish only.
19.5 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under it or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with your obligations.
19.6 A waiver by us of any default shall not constitute a waiver of any subsequent default.
19.7 Randomly, and without any obligation on the part of the service provider, occasional free raffles may be held among the premium users of the platform. The terms and conditions governing each raffle will be announced prior to completion on the website.
These Conditions and the Contract are governed by the laws of England and Wales. However, if you live outside England and Wales but within the EU, you are always entitled to any compulsory consumer protections applicable in the country where you live.
You can bring legal proceedings in respect of the Services in the courts of England and Wales. If you live in Scotland you can bring legal proceedings in respect of the Services in either the courts of Scotland or England and Wales. If you live in Northern Ireland you can bring legal proceedings in respect of the Services in either the courts of Northern Ireland or England and Wales. If you live in another country in
the EU, you can bring legal proceedings in respect of the Services in either the courts of your home country or England and Wales.
To: Marketing Byte LTD
63 - 66 Hatton Garden, Fifth Floor, Suite 23, London, England, EC1N 8LE
Email address: email@example.com
I/We[*] hereby give you notice that I/We[*] cancel my/our[*] contract for:
Name(s) of consumer(s):
Address(es) of consumer(s):
Signature of consumer(s):
[*] Delete as appropriate
Copyright © 2018 E-downloader. All rights reserved