Terms and Conditions of Website Use

Terms and Conditions of Website Use

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

1. What's in these terms?

1.1. These terms tell you the rules for using our website www.pelviva.com (our site).

2. Who we are and how to contact us?

2.1. www.pelviva.com is a site operated by Femeda Limited ("We"). We are registered in England and Wales under company number 04585850 and have our registered office at Unit 9, Network Centre, Colbourne Avenue, Nelson Park, Cramlinton NE23 1WD.

2.2. We are a limited company.

2.3. To contact us, please email info@pelviva.com or telephone our customer service line on 0800 681 6008.

3. By using our site you accept these terms

3.1. By using our site, you confirm that you accept these terms of use and that you agree to comply with them.

3.2. If you do not agree to these terms, you must not use our site.

3.3. We recommend that you print a copy of these terms for future reference.

4. There are other terms that may apply to you

4.1. These terms of use refer to the following additional terms, which also apply to your use of our site:

4.2. Our Privacy Policy. See further under clause 17.

4.3. If you purchase goods from our site, our Terms and conditions of sale will apply to the sales.

5. We may make changes to these terms

5.1. We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on 09 October 2018.

6. We may make changes to our site

6.1. We may update and change our site from time to time to reflect changes to our products, our users' needs and our business priorities.

6.2. We may make changes to the terms of website use. We will try give reasonable notice of these changes.

7. We may suspend or withdraw our site

7.1. Our site is made available free of charge.

7.2. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

7.3. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

8. How you may use material on our site

8.1. We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

8.2. You may print off one copy, and may download extracts, of any page(s) from our site for your personal, non-commercial use and you may draw the attention of others within your organisation to content posted on our site.

8.3. You must not modify the paper or digital copies of any materials you have printed off or downloaded or any part of the website in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. You may not make our website available via an intranet, where our website or a substantial part of it is hosted locally on the intranet in question.

8.4. You may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from this website unless explicitly authorised in these terms or by the owner of the materials.

8.5. Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

8.6. You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

8.7. If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

9. Acceptable use policy

9.1. You may use our site only for lawful purposes. You are responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them. You may not use our site:

9.1.1 in any way that breaches any applicable local, national or international law or regulation;

9.1.2 in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose;

9.1.3 for the purpose of harming or attempting to harm minors in any way;

9.2. to send, knowingly receive, upload, download, use or re-use any material which does not comply with our acceptable use policy;

9.3. to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or

9.4. to knowingly transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

9.5. You also agree:

9.5.1. not to reproduce, duplicate, copy or re-sell any part of our site.

9.5.2 not to access without authority, interfere with, damage or disrupt:

9.5.2.1. any part of our site;

9.5.2.2. any equipment or network on which our site is stored;

9.5.2.3. any software used in the provision of our site;

9.5.2.4. any equipment or network or software owned or used by any third party;

9.5.3. not to gain or attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site;

9.5.4. not to attack our site via a denial-of-service attack or a distributed denial-of-service attack.

9.6. By breaching this acceptable use policy, you could commit a criminal offence under the Computer Misuse Act 1990. Failure to comply with this acceptable use policy constitutes a material breach of these Terms of Use, and may result in our taking all or any of the following actions:

9.6.1. immediate, temporary or permanent withdrawal of your right to use our site;

9.6.2. issue of a warning to you;

9.6.3. take legal proceedings against you for reimbursement of all costs on a pound for pound basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;

9.6.4. further legal action against you; and/or

9.6.5. disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

9.7. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

10. Do not rely on information on this site

10.1. The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

10.2. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

11. We are not responsible for websites we link to

11.1. Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

11.2. We have no control over the contents of those sites or resources.

Our responsibility for loss or damage suffered by you

12. Whether you are a consumer or a business user:

12.1. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

12.2. Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our Terms and conditions of sale.

13. If you are a business user:

13.1. We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.

13.2. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

13.2.1. use of, or inability to use, our site; or

13.2.2. use of or reliance on any content displayed on our site.

13.3. In particular, we will not be liable for:

13.3.1. loss of profits, sales, business, or revenue;

13.3.2. business interruption;

13.3.3. loss of anticipated savings;

13.3.4. loss of business opportunity, goodwill or reputation; or

13.3.5. any indirect or consequential loss or damage.

14. If you are a consumer user:

14.1. Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

14.2. If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation.

15. How we may use your personal information

15.1. We will only use your personal information as set out in our Privacy Policy.

16. We are not responsible for viruses and you must not introduce them

16.1. We do not guarantee that our site will be secure or free from bugs or viruses.

16.2. You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

16.3. You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

17. Rules about linking to our site

17.1. You may seek our permission to link to our home page, once a link is established it must be used in a way that is fair and legal and does not damage our reputation or take advantage of it.

17.2. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

17.3. You must not establish a link to our site in any website that is not owned by you.

17.4. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

17.5. We reserve the right to withdraw linking permission without notice.

17.6. If you wish to link to or make any use of content on our site other than that set out above, please contact info@pelviva.com.

18. Which country's laws apply to any disputes?

18.1. If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

18.2. If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

19 Our trade marks are registered

"PELVIVA", "PELPONS", and “RPT” are registered trade marks of Femeda Limited. You are not permitted to use them without our approval.

Last updated 09.10.18

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