TERMS & CONDITIONS
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We know this looks scary but there's no getting away from
it - our Small Print and Privacy Policy are here for you
to read. To ensure that no item of Small Print becomes a
big issue, simply get in touch with us on 07958 569745 and
we will explain anything that is unclear.
Definitions
Unless the context requires otherwise, the following expressions
shall have the following meanings in these Terms of Use:
"Content" means all information, data, text, software,
computer programs in any form, music, sound recordings,
photographs, graphics, video or film works, databases and
other copyright compilations comprised in or appearing on
the Site or forming part of any materials uploaded, posted
(by mail or otherwise), linked to, e-mailed or otherwise
transmitted to or via the Site or to realinspiration Ltd Limited;
"Contributor" means any person (other than a User
or Synesis Media Limited or any of its employees), including
without limitation any freelance journalist employed, contracted,
or in any way commissioned
other than a person invited to take part in any chat room
or online forum who uploads, posts, links to, e-mails or
otherwise transmits Content to or via the Site;
"Contributor Content" means any Content created
by and/or originating from a Contributor;
"Services" means those services as available on
the Site from time to time.
"Site" means our website, "realinspiration.com
" and each and all of the Services from time to time
available through that website;
"Third Party Sites" means any World Wide Web site
provided by parties other than realinspiration Ltd Limited or its
group companies whether directly or through frames;
"User Content" means all Content created by and/or
originating from Users;
"User" means any person other than a Contributor
who visits the Site and/or uses the Services (or any of
them).
Custom_Web_Sites
We supply custom web sites for a minimum of 12 months.
Cancellation
If you wish to terminate the Service in respect of any particular
enquiry, you shall notify realinspiration Ltd by email, post or
fax and realinspiration Ltd shall not, from receipt of such notice
during its normal business hours, carry out any further
work in respect of the enquiry. In such event, you will
be charged only for the work carried out prior to the receipt
of such notice. realinspiration Ltd may withdraw the Service at
any time for any conduct by you that realinspiration Ltd reasonably
believes is a breach of these Terms. Such withdrawal shall
be without prejudice to any other rights of realinspiration Ltd
with respect to such breach.
Cancellation
If you end the agreement within 14 days, you won't have
to pay a cancellation charge or any service charges. You
will not get any money back.
Payments
We will send you a bill every 12 months: Please pay it straightaway
to ensure that your web site is not taken off the internet.
In such cases an additional £35 administration fee
will be payable to ensure that your web site is put back
on to the Internet.
Customer_Service
We will provide a high-quality service to you at all times.
However, because realinspiration.com is using Internet technology
we cannot guarantee that we will always be able to provide
a service. Service can be affected by factors outside our
control - for example, viruses, hackers, and servers going
down. These cases however are very rare and are technical
staff are more than capable.
Custom_Website_Upgrade
Under the conditions of the Upgrade Agreement you will enter
a new 12 month minimum term on your existing contact.
Applications
Applications for custom web sites can take around 14 working
days to process, however this may vary, depending on the
speed in which you send us the information we request and
any moneys payable to realinspiration Ltd.
General
These terms and conditions of business shall govern each
contract made with the Client by realinspiration Ltd (hereinafter
realinspiration Ltd) and unless the contrary is agreed in writing,
shall prevail over written Terms and Conditions of the Client.
Subject to the Discretion clause below, realinspiration Ltd agrees
to render such wed design, illustration, printing or other
services as may be agreed. The Client shall pay such charge
as shall have been agreed between the parties prior to acceptance
of an Order.
Discretion
realinspiration Ltd reserves the right at to refuse any order.
Sub_Contracting
realinspiration Ltd shall be entitled to sub-contract all or part
of any service that Realinspiration agrees to perform for
the Client.
Copyright
Intellectual Property Rights, including Copyright, in any
creative design or creative work supplied to a Client shall
remain vested in realinspiration Ltd, in accordance with the Designs,
Copyrights & Patents Act 1988, unless and until subsequently
released and assigned by Realinspiration in writing.
The User acknowledges that all copyright, trademarks and
all other intellectual property rights contained within
the web site remain the sole property of Realinspiration
Ltd. and the respective companies concerned.
Acceptance of Terms
realinspiration Ltd Limited ("we" or “us”) grant you
access to the Site, subject to your acceptance without modification
of the following Terms of Use. By accessing the Site and/or
downloading this page, you acknowledge that you have read,
understood and agree to be bound by these Terms of Use.
If you do not want to be bound by the Terms of Use, you
must exit from the Site immediately. Your continued use
of the Site shall constitute your agreement to these Terms
of Use.
We reserve the right to change these Terms of Use from time
to time without notice to you. Any amended version of the
Terms of Use will take effect when posted on the Site by
us. Your continued use of the Site will constitute your
acceptance of any changes to the Terms of Use.
If you have any questions regarding these Terms of Use,
please contact subscriptions@realinspiration.com.
We reserve the right to bar anyone from using the Site if
they have been found to be acting in any way contrary to
these Terms of Use or have exposed (or potentially exposed)
us to legal liability to a third party. Any person we intend
to bar in this way will be notified by e-mail in advance
if reasonably possible.
Submissions to the site
You acknowledge and agree that we have the right to use,
edit or reject any Content that you send for any purpose
whatsoever, commercial or otherwise, without payment to
you - unless you have specifically stated otherwise in writing
prior to submission and it has been agreed with us. You
agree that we can reproduce, modify, adapt, publish, translate,
create derivative works from and distribute such Content
or incorporate it in any form, media or technology now known
or later developed throughout the world and you irrevocably
licence us to do so. We assume no responsibility for the
return or safety any Content submitted to us.
You must have world wide ownership of any and all copyrights,
proprietary or intellectual property rights which are applicable
to the Content, or full permission from the owner of these
rights, for of all Content that you send to us or post on
the Site. By sending Content to us or posting it on the
Site you automatically warrant and represent to us that
you are the owner of any and all of the rights referred
to in the first sentence of this clause or that you have
obtained express permission from the holder of such rights
to do so and hereby agree to indemnify us in respect of
any breach of the warranty given in this clause.
With the exception of material used by us on the Site under
licence, we own the intellectual property rights throughout
the world for all formats know known or subsequently discovered
or invented in all Content. We reserve and will defend all
our rights in the User Content. Therefore please do not
infringe the intellectual property rights in the Content
in any way. This means, among other things, that you must
not copy, reproduce, publish, republish, upload, post, distribute,
transmit, re-transmit, broadcast, extract, re-utilise or
adapt in any way (and then do anything that would then infringe
any Content as this may result in civil or criminal prosecution.
You may however print or download copies of these webpages
for your own personal, strictly non-commercial use.
We rely on the author of each submission to present us with
accurate and factual Content. We assume no responsibility
for the accuracy of Content provided on the Site nor for
mistakes, errors, or omissions of any kind, nor for any
consequence relating directly or indirectly to any actions
taken on the basis of any Content displayed on or downloaded
from the Site.
Under no circumstances shall we be liable for any damages
that result from the use of, or the inability to use, the
materials in the Site even if we have been advised of the
possibility of such damages.
Software Downloading
In the event you download any computer program from the
Site, the computer program, including any files, images
incorporated in or generated by the computer program, and
data or databases accompanying the computer programme (collectively
the “Software") are licensed to you by us. No title
or other rights of any kind whatsoever in the Software will
be transferred to you and we retain the full and complete
title to the Software and all intellectual property rights
in it throughout the world. You may not copy (except for
the purposes of making a single back up copy for your own
use), distribute, redistribute, sell, rent, lease decompile,
reverse engineer, disassemble, adapt, alter or otherwise
reduce the Software to a human-perceivable form nor remove
any trade mark or copyright notice from the Software. The
Software is licensed "as is" and “with all faults”.
To the maximum extent permitted by law, all express or implied
terms (whether implied by statute, course of dealing, custom
or at common law) relating to the quality, merchantability
or fitness for purpose of the Software are excluded and
we accept no liability for any problems or damages arising
from the downloading, installing or use of any Software
or any other images or information derived from the Content.
You agree that you will not:
upload, post, link to, email or otherwise
transmit any Content that is unlawful, harmful, threatening,
abusive, harassing, tortious, defamatory, vulgar, obscene,
libellous, invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable, or which is unrelated
to a particular chat room or other online forum, submit
content which might harm minors in any way; impersonate
any person (whether living or dead) or entity, including,
but not limited to any employee or agent of us, any other
User, Contributor or falsely state or otherwise misrepresent
your affiliation with any person (whether living or dead)
or entity; forge headers or otherwise manipulate identifiers
in order to disguise the origin of any Content transmitted
through the Site; upload, post, link to, email or otherwise
transmit any Content that you do not have a right to transmit
under any law or under any contractual or fiduciary relationship
(such as inside information, proprietary and confidential
information learned or disclosed as part of employment relationships
or under non-disclosure agreements); upload, post, link
to, email or otherwise transmit any Content that infringes
any patent, trademark, trade secret, copyright or other
intellectual property rights of any party anywhere in the
world; upload, post, link to, email or otherwise transmit
any unsolicited or unauthorised advertising, promotional
materials, "junk mail," "spam," "chain
letters," "pyramid schemes," or any other
form of solicitation unless express written permission has
been granted by us in advance; upload, post, link to, email
or otherwise transmit any material that contains software
viruses or any other computer code, file or programs designed
to interrupt, destroy or limit the functionality of any
computer software or hardware or telecommunications equipment,
including but not limited to the Site; disrupt the normal
flow of dialogue, cause a screen to "scroll" faster
than other Users of the Site and/or the Services are able
to type, or otherwise act in a manner that negatively affects
any other User's or any Contributor's ability to engage
in real time exchanges on the Site; interfere with or disrupt
the Site or servers or networks connected to the Site, or
disobey any requirements, procedures, policies or regulations
of networks connected to the Site; "stalk" or
otherwise harass any person; collect or store personal data
about other Users. This means no posting of phone numbers,
addresses, or any other private information without the
express permission of that individual. Processing of personal
data (including collection of personal data from news groups
or chat rooms on the Site) is regulated by the Data Protection
Acts 1984 and 1998 in the United Kingdom; suggest or encourage
activity of any kind which would be illegal anywhere in
the world; post the same or similar Content to the Site
more than once a month.
You agree that you must evaluate, and bear,
all risks associated with the use of any Content, including
any reliance on the accuracy, completeness, or usefulness
of such Content. In this regard, you acknowledge that you
may not rely on any Content created by us or submitted to
us and/or contained in and forming part of the Site. You
participate at your own risk and take full responsibility
for postings under your identification. You acknowledge
that when you voluntarily disclose personal information
(eg, user name, e-mail address) on bulletin boards or in
the chat areas, the information can be collected and used
by others and may result in unsolicited messages from other
posters and parties.
You acknowledge and agree that we may preserve Content and
may also disclose User Content or Contributor Content if
required to do so by law or in the good faith belief that
such preservation or disclosure is reasonably necessary
to: (a) comply with legal process; (b) enforce the Code;
(c) respond to claims that any Content violates the rights
of third parties; or (d) protect the rights, property, or
personal safety of us, or users and the public.
Exclusion of Liability
We do not and cannot give any warranties in respect of the
Site, Content, Software or the Services available through
the Site (collectively, "Site Services"). To the
maximum extent allowed by applicable law, we hereby disclaim
all warranties, conditions or duties of every nature whatsoever
(except any duties of good faith), including without limitation,
any implied warranties of satisfactory quality or of fitness
for a particular purpose, any express or statutory warranties,
and any warranties or duties regarding accuracy, timeliness,
completeness, performance, care or of workmanlike effort.
Additionally, we make no warranty that the Site is free
from infection by viruses or anything else that has contaminating
or destructive properties.
Any material downloaded or otherwise obtained through the
use of the Site Services is done at your own discretion
and risk and you will be solely responsible for any damage
to your computer system or loss of data that results from
the download of any such material.
No advice or information, whether oral or written, obtained
by you from us or through or from the Site Services shall
create any warranty not expressly stated in these Terms
of Use to the fullest extent allowed by applicable law,
you agree that we will not be liable to you and/or any third
party for any consequential or incidental damages (including
but not limited to loss of profits, loss of privacy or for
failure to meet any duty including but not limited to any
duty of good faith, care, or of workmanlike effort) or for
any other indirect, special, or punitive damages whatsoever
and howsoever arising out of or related to the Site Services
or to any breach of the code by us, even if we have been
advised of the possibility of such damages and even in the
event of fault, tort, including (including negligence) or
strict liability.
You agree that your only recover for any damages that you
incur, and your exclusive remedy, shall be limited to the
direct damages you actually incur in reasonable reliance
on the applicable Site Service up to a limit of the following,
at our election: (1) a refund of the amount you paid (if
any) in total during the month in which the damage is first
incurred, less any reasonable allowance for complying services,
or (2) correction or replacement of the Site Services.
No Warranties, Exclusion Of Damages, Limitation
Of Liability And Exclusive Remedy
The Information is only for your general information and
use and is not intended to address your particular requirements.
In particular, the Information does not constitute any form
of advice, recommendation or arrangement by realinspiration Ltd
and is not intended to be relied upon by you in making (or
refraining from making) any specific investment or other
decisions. Appropriate independent advice should be obtained
before making any such decision.
realinspiration Ltd WILL USE REASONABLE SKILL AND
CARE IN PROVIDING THE INFORMATION IN RESPONSE TO YOUR ENQUIRY.
realinspiration Ltd DOES NOT OTHERWISE GIVE ANY WARRANTIES IN RESPECT
OF THE SERVICE OR INFORMATION. IN PARTICULAR, THE SERVICE
IS PROVIDED ON AN "AS IS", AND "AS AVAILABLE"
BASIS. TO THE EXTENT ALLOWED BY APPLICABLE LAW, AWKNOWLEDGE
HEREBY DISCLAIMS ALL OTHER WARRANTIES, CONDITIONS OR DUTIES
OF EVERY NATURE WHATSOEVER (EXCEPT ANY DUTIES OF GOOD FAITH),
INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE,
ANY EXPRESS OR STATUTORY WARRANTIES, AND ANY WARRANTIES
OR DUTIES REGARDING ACCURACY, TIMELINESS, COMPLETENESS,
PERFORMANCE, LACK OR NEGLIGENCE OR OF WORKMANLIKE EFFORT.ADDITIONALLY,
AWKNOWLEDGE MAKES NO WARRANTY THAT THE SERVICE IS FREE FROM
INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING
OR DESTRUCTIVE PROPERTIES.
NO INCIDENTAL OR CONSEQUENTIAL DAMAGES
TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE
THAT AWKNOWLEDGE WILL NOT BE LIABLE TO YOU AND/OR ANY THIRD
PARTY FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING
BUT NOT LIMITED TO LOST PROFITS, LOSS OF PRIVACY OR FOR
FAILURE TO MEET ANY DUTY INCLUDING BUT NOT LIMITED TO ANY
DUTY OF GOOD FAITH, LACK OF NEGLIGENCE OR OF WORKMANLIKE
EFFORT) OR FOR ANY OTHER INDIRECT, SPECIAL, OR PUNITIVE
DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO THE
SERVICES OR THE INFORMATION OR TO ANY BREACH OF THE TERMS
BY realinspiration Ltd , EVEN IF realinspiration Ltd HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT
OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY.
LIMITATION ON DAMAGES; EXCLUSIVE REMEDY
YOU AGREE THAT YOUR ONLY RECOVERY FOR ANY DAMAGES THAT YOU
INCUR, AND YOUR EXCLUSIVE REMEDY, SHALL BE LIMITED TO THE
DIRECT DAMAGES YOU ACTUALLY INCUR IN REASONABLE RELIANCE
ON THE SERVICE UP TO A LIMIT OF THE FOLLOWING, AT realinspiration Ltd ELECTION: (1) A REFUND OF THE AMOUNT YOU PAID FOR
THE SERVICE, OR (2) CORRECTION OR REPLACEMENT OF THE SERVICE.
ALL LIMITATIONS WILL APPLY TO ALL LEGAL AND EQUITABLE THEORIES.
YOU AGREE THAT IN THE EVENT OF ANY CLAIM BEING MADE AGAINST
YOU ARISING WHETHER IN WHOLE OR IN PART OUT OF THE USE OF
THE SERVICE OR THE INFORMATION, YOU WILL NOT SEEK FROM realinspiration Ltd AND/OR ITS THIRD PARTY LICENSORS IN RESPECT OF ANY
SUCH CLAIM ANY INDEMNITY OR CONTRIBUTION WHATSOEVER.
Notwithstanding clauses 3.1 to 3.5 above, realinspiration Ltd
liability shall not be limited in the case of death or personal
injury to any person to the extent that such death or injury
is caused by realinspiration Ltd negligence.
User_Data
Where registrations are submitted, realinspiration Ltd. reserves
the right to store (in all media formats) all registered
information from the registered user (or contents of registration
form). This information will be used for CRM (customer related
marketing) purposes and other initiatives. If these services
are not required, the user should confirm in writing a request
for the removal of the users details.
Content
No part of the web sites whether graphical/technical/textual/audio
or otherwise may be reproduced whatsoever in any form without
the written approval of realinspiration Ltd.
Law and Jurisdiction
These Terms shall be governed by, and construed in accordance
with, English law. The parties irrevocably agree that the
courts of England shall (subject to clause 8.3) have exclusive
jurisdiction to settle any dispute which may arise out of,
under, or in connection with these Terms or the legal relationship
established by them, and for those purposes irrevocably
submit all disputes to the jurisdiction of the English courts.
For the exclusive benefit of realinspiration Ltd, realinspiration Ltd
shall retain the right to bring proceedings as to the substance
of the matter in the courts of the country of your residence
or, where these Terms are entered into in the course of
your trade or profession, the country of your principal
place of business.
Policies for minors (CHILDREN)
Please ask your parents or guardians for permission before
posting or submitting anything to the Site.
We're
always ready to help
If you've got any questions call
us - we're here to help you on:
07958
569745
or
email us at: enquiries@realinspiration.com
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