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Your agreement
Terms and Conditions.
Last updated: 27 March 2008
By using this Site, you agree to be bound by, and to comply with, these Terms
and Conditions and any additional terms for special promotions, unless you offer
different terms in writing that are accepted by Save on Appliances. You also
agree to comply with any guidelines or rules posted on the Site regarding any
Product or Service. All such guidelines and rules posted are hereby incorporated
by reference into these Terms and Conditions. If you do not agree to these Terms
and Conditions, please do not use this site.
PLEASE NOTE: We reserve the right, at our sole discretion,
to change, modify or otherwise alter these Terms and Conditions at any time.
Unless otherwise indicated, amendments will become effective immediately. Please
review these Terms and Conditions periodically. Your continued use of the Site
following the posting of changes and/or modifications will constitute your acceptance
of the revised Terms and Conditions and the reasonableness of these standards
for notice of changes unless you offer different terms that are accepted by
Save on Appliances. For your information, this page was last updated as of the
date at the top of these terms and conditions. You can obtain a printed copy
of the most current Terms and Conditions by writing to us at the address set
forth in the notice provision below.
Electronic communication
When you visit Save on Appliances, purchase products or services through the
Site, or instigate contact with our customer service department, you are communicating
with us electronically. We will also communicate with you via email or by posting
notices on and updates to the Site. By using the Site, you hereby agree that
all agreements, notices, disclosures and other communications that we provide
to you electronically satisfy any legal requirement that such communications
be in writing.
Save on Appliances service
Accuracy of Information
Product specifications and other information have either been made accessible
by suppliers, manufacturers, merchants, publications, publicists; or been gathered
from public-domain sources. The intention of Save on Appliances is that all
information on the website should be as accurate and up-to-date as possible.
However, Save on Appliances cannot guarantee the reliability or the accuracy
of the information contained within its pages. We urge our users to conduct
their own research prior to purchasing from the stores listed on our service
to ensure the accuracy of the prices. All the actions taken by the user of the
website are the responsibility of the individual. Save on Appliances cannot
make any guarantees that any information is correct or be held liable for any
actions taken based on the product and pricing information provided.
Relationship with merchants
Merchants listed on the Save on Appliances site are independent third parties
and Save on Appliances is not acting as a principal, agent or broker with respect
to any advertisers. Your relationship with any merchant you contact through
this site is solely between You and the merchant. You agree not to hold Save
on Appliances liable for any loss or damage of any sort incurred as the result
of any business conducted with our merchants or as the result of the content
provided by such merchants through the Site.
If you want to report an error or have any questions please contact: info@saveonappliances.co.uk
Payment
There is no charge payable to Save on Appliances for use of the site during
the continuance of these Terms and Conditions. Save on Appliances shall have
no responsibility for transmission of funds due to any third party provider
or distributor with whom you may elect to deal. You shall be responsible for
transmitting all payments due on the terms agreed with any third party provider
or distributor.
Adding content
In the event of Save on Appliances enabling you to add content to the site in
the form of reviews, contests or other features, Save on Appliances shall be
entitled, at its absolute discretion, to publish, edit, refuse, or delete content
provided to it. Save on Appliances will not permit the publishing of content
that may be illegal under applicable law.
Changes
Save on Appliances reserves the right to change, suspend, or discontinue, at
its sole discretion, all or any aspects of the content, design, services provided
or any other aspect of the Save on Appliances website at any time without prior
notice.
Your use of the site
Do's & don'ts
You agree to use the Site only for lawful purposes. You may only use this site
as a general guide to make price comparisons for your own private use and shall
not use this site for any other purposes. You may download, display and print
one copy of the material presented on this site for your personal, non-commercial
use only.
Except as expressly provided, nothing within the Site shall be construed as
conferring any license under our or any third party's intellectual property
rights, whether by estoppel, implication, waiver, or otherwise. Without limiting
the generality of the foregoing, you acknowledge and agree that all content
available through and used to operate the Site and its services is protected
by copyright, trademark, patent, or other proprietary rights of Save on Appliances
and its affiliates, licensors, and service providers. Your agree that your data,
content, and any information provided or used on the Site, as well as your use
of our Site, products and services will not: (a) modify, alter, or deface any
of the trademarks, service marks, trade dress (collectively 'Trademarks') or
other intellectual property made available by us in connection with the Site
or otherwise infringe or facilitate infringement of any copyright, patent, trademark,
trade secret, or other proprietary, publicity, or privacy rights (collectively
'Rights') of any party, including the Rights of third-parties; (b) hold yourself
out as in any way sponsored by, affiliated with, or endorsed by us, or any of
our affiliates or service providers; (c) use any of the Trademarks or other
content accessible through the Site for any purpose other than the purpose for
which we have made it available to you; (d) defame or disparage us, our Trademarks,
or any aspect of the Site; (e) post or transmit any content that is unlawful,
threatening, indecent, inflammatory, pornographic or profane material or any
material that could constitute or encourage conduct that would be considered
a criminal offence, give rise to civil liability, or otherwise violate any law;
(f) adapt, translate, modify, decompile, disassemble, or reverse engineer the
Site or any software or programs used in connection with it or its Products
and Services; (g) contain or promote any viruses, Trojan horses, worms, time
bombs or other computer programming or code that is designed or intended to
damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt
or expropriate the Site, data, personal information, software, equipment, servers
or content or facilitate or promote hacking or similar conduct; (h) access or
attempt to access the non-public areas of the Site or any other user's password-protected
information; (i) impersonate any person or entity or otherwise falsely state
or misrepresent your affiliation with a person or entity; and (j) restrict or
inhibit any other user from using or enjoying the Site (or any linked site)
Framing, linking Etc.
The use of content on any other web site or networked computers is prohibited.
Links to the Site without Save on Appliances express written permission are
strictly prohibited. The framing, mirroring, scraping or data mining of the
Site or any of any conduct by you that in our sole discretion restricts or inhibits
any other user from using or enjoying the Site (or any linked site) will not
be permitted.
Monitoring Site Usage
We may elect to electronically monitor areas of the Site and may disclose any
content, records, or electronic communication of any kind (i) to satisfy any
law, regulation, or government request; (ii) if such disclosure is necessary
or appropriate to operate the Site; or (iii) to protect our rights or property
or the rights of the users, sponsors, providers, licensors, or merchants.
Account Maintenance
By using this site, you represent that you will be responsible for maintaining
the confidentiality of your account and password and for restricting access
to your computer. You also agree to be responsible for any and all activities
that occur under your password or your account. You agree to immediately notify
us of any unauthorized use of your password or account or any other breach of
security. Save on Appliances will not be responsible for any loss or damage
arising from your failure to comply with your responsibilities and obligations
under these Terms and Conditions. By entering any information on this Site,
you represent and warrant that: (i) you have the legal capacity to agree to
these terms and use this Site; (ii) you are using your actual identity; (iii)
you have provided only true, accurate, current and complete information; and
(iv) you will maintain and promptly update the information that you provide
to keep it true, accurate, current and complete. If you provide any information
that is untrue, inaccurate, not current or incomplete, or we have reasonable
grounds to suspect that such information is untrue, inaccurate, not current
or incomplete, we may suspend or terminate your account and refuse any and all
current and future use of the Site.
Termination
If you wish to cancel a username or password, or if you become aware of any
loss, theft or unauthorized use of a username or password, you must notify us
immediately. We reserve the right to delete or change any username or password
at any time and for any reason. We may suspend or terminate your account or
your use of this Site at any time, for any reason or for no reason at all.
Intellectual property
Ownership
This site is the copyrighted property of Save on Appliances and/or its various
third party providers and distributors, directors. Information found on this
site must not be reproduced, republished, distributed, posted, sold, transferred,
or modified without the express written permission of Save on Appliances and/or
its third parties. However, this does not apply to downloading, copying and
saving information from the website for personal use. The trademarks, logos
and service marks displayed on this site are registered and/or common law Trademarks
of Save on Appliances, its affiliates, and various third parties. No information
on this site should be construed as granting, by implication or otherwise, any
license or right to use any of the Trademarks without the written permission
of Save on Appliances or such other party that may own the Trademarks. Save
on Appliances does not claim to own any of the third party or affiliate merchants,
suppliers or manufacturer brands or trademarks featured on its site. The same
applies for the trademarks of other publicists or publications on this website.
Your rights
You retain ownership of all intellectual property rights subsisting in the content
you submit to us. However, by submitting content to Save on Appliances, you
grant to Save on Appliances a royalty-free world-wide non-exclusive license
for the duration of copyright to use your content, or any part of your content,
in any way that Save on Appliances decides on the Save on Appliances website,
any other website or through any other medium and to permit others to do the
same. UNDER NO CIRCUMSTANCES WILL ANY DISCLOSURE OF ANY IDEA OR RELATED MATERIALS
TO SAVE ON APPLIANCES OR THE SITE BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY
OR EXPECTATION OF COMPENSATION. BY SUBMITTING ANY MATERIAL TO US, YOU ARE REPRESENTING
AND WARRANTING TO US THAT THE MATERIALS ARE WHOLLY ORIGINAL WITH YOU, THAT NO
ONE ELSE HAS ANY RIGHTS IN THE MATERIALS AND THAT WE ARE FREE TO USE THE MATERIALS
IF WE SO DESIRE, AS PROVIDED OR AS MODIFIED BY US, WITHOUT OBTAINING PERMISSION
OR LICENSE FROM ANY THIRD PARTY.
Copyright and trademark notice
Saveonappliances.co.uk. © 2008, Save on Appliances. All rights reserved. SOA,
saveonappliances are trademarks of Save on Appliances. Except as expressly provided,
nothing within the Site shall be construed as conferring any license under our
or any third party's intellectual property rights, whether by estoppel, implication,
waiver, or otherwise. Without limiting the generality of the foregoing, you
acknowledge and agree that all content available through and used to operate
the Site and its services is protected by copyright, trademark, patent, or other
proprietary rights of Save on Appliances and its affiliates, licensors, and
service providers.
Intellectual property infringement claims
It is the policy of the saveonappliances.co.uk to respond expeditiously to claims
of intellectual property infringement. We will promptly process and investigate
notices of alleged infringement and will take appropriate actions under the
Digital Millennium Copyright Act ('DMCA') and other applicable intellectual
property laws.
Disclaimers and limitation of liability
Disclaimer of warranties and limitation of liability
A. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (i) YOUR USE OF THE SITE IS AT YOUR
SOLE RISK; (ii) THE PRODUCTS AND SERVICES ARE PROVIDED ON AN 'AS IS' AND 'AS
AVAILABLE' BASIS; (iii) EXCEPT AS EXPRESSLY PROVIDED HEREIN WE EXPRESSLY DISCLAIM
ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT; (iv) WE MAKE NO WARRANTY WITH
RESPECT TO THE RESULTS THAT MAY BE OBTAINED FROM THIS SITE, THE PRODUCTS OR
SERVICES ADVERTISED OR OFFERED OR MERCHANTS INVOLVED; (v) ANY MATERIAL DOWNLOADED
OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION
AND RISK; (vi) YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR FOR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL;
and (vii) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM US OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THESE TERMS AND CONDITIONS.
B. EXCEPT AS EXPRESSLY STATED HEREIN WE MAKE NO WARRANTY THAT: (i) ANY PRODUCT
OR SERVICE WILL MEET YOUR REQUIREMENTS; (ii) ANY PRODUCT OR SERVICE WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF ANY PRODUCT OR SERVICE WILL BE ACCURATE OR RELIABLE:
(iv) THE QUALITY OF ANY PRODUCT, SERVICE, INFORMATION, OR OTHER MATERIAL PURCHASED
OR OBTAINED BY YOU THROUGH ANY PRODUCT OR SERVICE WILL MEET YOUR EXPECTATIONS;
OR (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
C. YOU UNDERSTAND AND AGREE THAT EXCEPT AS EXPRESSLY SET FORTH HEREIN OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR ANY OTHER PARTY INVOLVED IN CREATING,
PRODUCING, TRANSMITTING, OR DISTRIBUTING THE SITE OR RELATED PRODUCTS OR SERVICES
SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) YOUR USE OR INABILITY
TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED
OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; (v) OR ACTS OF NATURE,
FORCES, OR CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION,
INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT
OR OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOUR DISPUTES,
RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOUR OR MATERIALS,
FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS
OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES,
OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING or (vi) ANY OTHER
MATTER RELATING TO THE SITE HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING
NEGLIGENCE). IN NO EVENT SHALL OUR TOTAL LIABILTY TO YOU FOR ALL DAMAGES, LOSSES
AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO,
NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO SAVE ON APPLIANCES.
THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL
PURPOSE OF ANY LIMITED REMEDY.
Exclusions and limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY,
OUR LIABILITY IN SUCH JURISDICTION SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED
BY LAW.
Links
This site contains links to other websites that are provided solely as a convenience
to you and not as an endorsement by Save on Appliances, its third party providers
or distributors of the contents of such other web sites. Save on Appliances
has not reviewed all of the sites linked to the site and is not responsible
for their content. The linked sites are for your convenience only and you access
them at your own risk. Save on Appliances make no representation or warranty
regarding any other web sites or the contents or materials on such web sites.
If you decide to access other web sites, you do so at your own risk.
Indemnity & release
The material that you read on the site is provided solely for information purposes.
By using the Site web sites you agree to indemnify Save on Appliances and affiliated
entities (collectively 'Indemnities') and hold them harmless from any and all
claims and expenses, including (without limitation) attorney's fees, arising
from your use of the Site web sites, your use of the Products and Services,
or your submission of ideas and/or related materials to Save on Appliances or
from any person's use of any ID, membership or password you maintain with any
portion of the Site, regardless of whether such use is authorized by you. Save
on Appliances reserves the right, at its own expense, to assume the exclusive
defence and control of any matter otherwise subject to indemnification by you,
and in such case, you agree to co-operate with Save on Appliances defence of
such claim.
Disclaimer of warranties and limitation of liability
By using the Site, the Products and Services, or submitting any ideas and/or
related materials to us, you are hereby agreeing to release Indemnities from
any and all claims, demands, debts, obligations, damages (actual or consequential),
costs, and expenses of any kind or nature whatsoever, whether known or unknown,
suspected or unsuspected, disclosed or undisclosed, that you may have against
them arising out of or in any way related to such disputes and/or to the Products
and Services or to any disputes regarding use of ideas and/or related materials
submitted to Indemnities. YOU AGREE TO WAIVE TO, THE FULLEST EXTENT PERMITTED
BY LAW, ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH INDEMNIFICATIONS OR RELEASES.
General
Place of performance
References to any Save on Appliances product or service do not constitute an
offer to sell or supply that product or service, nor does it mean that the product
or service is available in all jurisdictions. Those who choose to access this
site from their resident locations do so on their own initiative and are responsible
for compliance with all applicable local laws.
Miscellaneous.
A. Choice of Law, Limitation of Actions, Severability, Non-Waiver and Merger.
These Terms and Conditions will be governed in all respects by the laws of the
England as such laws are applied to agreements entered into and to be performed
entirely within the United Kingdom between United Kingdom residents. You hereby
consent to jurisdiction and venue in London, England for such purpose, waive
the personal service of any process upon them and agree that service may be
effected by overnight mail (using a commercially recognized service) or by Royal
Mail with delivery receipt to the address you provided to Save on Appliances)
and agree that any claim against us must be filed within one (1) year of the
time such claim arises, regardless of any law to the contrary; otherwise your
claim will be barred forever. If any provision of these Terms and Conditions
is held to be invalid or unenforceable, the provision shall be removed (or interpreted,
if possible, in a manner as to be enforceable), and the remaining provisions
shall be enforced. Headings are for reference purposes only and in no way define,
limit, construe or describe the scope or extent of such section. Our failure
to act with respect to a breach by you or others does not waive our right to
act with respect to subsequent or similar breaches. These Terms and Conditions
set forth the entire understanding and agreement between us with respect to
the subject matter contained herein and supersede any other agreement, proposals
and communications, written or oral, between Save on Appliances representatives
and you with respect to the subject matter hereof, including any terms and conditions
on any of customer's documents or purchase orders. Nothing in these Terms and
Conditions limits or excludes either party's liability for fraud or for negligence
causing death or personal injury.
B.No Joint Venture, No Derogation of Rights. You agree that no joint venture,
partnership, employment, or agency relationship exists between you and Save
on Appliances as a result of these Terms and Conditions or your use of the Site.
Our performance of these Terms and Conditions is subject to existing laws and
legal process, and nothing contained herein is in derogation of our right to
comply with governmental, court and law enforcement requests or requirements
relating to your use of the Site or information provided to or gathered by us
with respect to such use.
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