Terms & Conditions
Terms and Conditions
These Terms will apply to any contract between us for the services which we provide to you (Contract). Please read these Terms carefully and make sure that you understand them before proceeding. Please note that before placing an order for the services you will be asked to agree to these Terms. You can only enter into a contract to be a Member of our site if you are aged 18 or over.
We recommend that you print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 11. Where applicable, every time you renew your subscription please check these Terms to ensure you understand the terms which will apply at that time.
These Terms, and any contract between us, are only in the English language.
1.1 When the following words with capital letters are used in these Terms, this is what they will mean:
- Event Outside Our Control: is defined in clause 9.2;
- Order: your order for the Services as set out on the order page of our site;
- Services: the services that We will provide to you as set out in the Order which will depend upon the package that you have selected; and
- We/Our/Us: Envytations, a company registered in England and Wales under company number 09746184 and with our registered office at 19 Offerton Lane, Stockport, SK2 5AA
1.2 When we use the words "writing" or "written" in these Terms, this will include e-mail unless we say otherwise.
(2). INFORMATION ABOUT US
2.1 We operate the website www.envytations.com
2.2 To contact Us, please see our contact page.
2.3 Your use of our site is governed by our Terms of Website Use and Website Acceptable Use Policy. Please take the time to read these as they include important terms which apply to you.
(3). HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
3.1 These are the terms and conditions on which We will supply the Services to you.
3.2 Our site allows you to check and amend any errors before submitting your order to Us. Please take the time to read and check your order at each stage of the order process.
3.3 After you place an order, you will receive an e-mail from Us acknowledging that We have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 3.4.
3.4 We will confirm our acceptance to you by sending you an e-mail that confirms that we have accepted your Order (Confirmation). The Contract between us will only be formed when We send you the Confirmation.
(4). YOUR OBLIGATIONS
4.1 In order for Us to be able to provide the Services it is necessary for you to provide content for your Account Profile. All Account Profiles must comply with our Acceptable Use Policy.
4.2 If you do not, after being asked by Us, provide Us with an Account Profile that meets the Acceptable Use Policy. We will not be able to provide the Services to you. We will not be liable for any delay or non-performance where you have not provided suitable content for your Profile to Us after We have asked.
(5). THE SERVICES
5.1 We will supply the Services to you as a one-off payment or a subscription.
5.2 We may have to suspend the Services if We have to deal with technical problems on our site. We will post notice of this on the site.
5.4 If you do not pay Us for the Services when you are supposed to as set out in clause 6.3, We may suspend the Services with immediate effect until you have paid Us the outstanding amounts. We will contact you to tell you this. This does not affect Our right to charge you interest under clause 6.4.
(6). PRICE AND PAYMENT
6.1 The Price Plans that apply to your Order shall be those stated on our site at the time Our Price Plans may change at any time but price changes will not affect Orders that We have confirmed with you.
6.2 These prices include VAT. However, if the rate of VAT changes between the date of the Order and the date of delivery or performance, We will adjust the rate of VAT that you pay, unless you have already paid for the Services in full before the change in the rate of VAT takes effect.
6.3 Where applicable You will pay the Subscription annually in advance by payment via Paypal. The first payment shall be taken on the day that you sign up and if you agree to pay annually then each further year, payment shall be due on the same date (or the next working day) in each subsequent year (Due Date). Time for payment shall be of the essence.
6.4 Without limiting any other right or remedy We have if you fail to make any payment due to Us by the Due Date, We shall be entitled to:
(a) charge interest in accordance with the Late Payment of Commercial Debts (Interest) Act 1998; and
(b) suspend the Services in accordance with clause 5.6.
6.5 All amounts due under this Contract shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
(7). OUR LIABILITY TO YOU
7.1 Nothing in this Contract limits or excludes our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
(d) defective products under the Consumer Protection Act 1987.
7.2 Subject to clause 7.1, We will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
7.3 Subject to clause 7.1 and clause 7.2 , our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed £1,000.
7.4 Except as expressly stated in these Terms, We do not give any representation, warranties or undertakings in relation to Services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, We will not be responsible for ensuring that the Services are suitable for your purposes.
(8). WARRANTIES AND ASSURANCES
8.1 You confirm that you have authority to bind any business on whose behalf you enter into the Contract.
8.4 You and We agree that neither of us shall have any claim for innocent or negligent misrepresentation based on any statement in this Contract.
(9). EVENTS OUTSIDE OUR CONTROL
9.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 9.2.
9.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
9.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) We will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of the Services to you, We will restart the provision of the Services as soon as possible.
(11). OUR RIGHT TO VARY THESE TERMS
11.1 We may revise these Terms from time to time in the following circumstances:
(a) changes in how We accept payment from you;
(b) changes in relevant laws and regulatory requirements.
11.2 Every time you renew your membership of our site the Terms in force at that time will apply to the Contract between you and Us.
11.3 Whenever We revise these Terms in accordance with this clause 11, We will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
(12). COMMUNICATIONS BETWEEN US
12.1 Any notice or other communication given by you to Us, or by Us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service, e-mail, or posted on our website.
12.3 A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; if sent by e-mail, one Business Day after transmission; or, if posted on our website, immediately.
12.4 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
12.5 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
(13). OTHER IMPORTANT TERMS
13.1 We may transfer our rights and obligations under a Contract to another organisation but this will not affect your rights or our obligations under these Terms. We will notify you by posting on this webpage if this happens.
13.2 You may only transfer your rights or your obligations under these Terms to another person if We agree in writing.
13.3 This contract is between you and Us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
13.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable the remaining paragraphs will remain in full force and effect.
13.5 If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce our rights against you, or if We delay in doing so, that will not mean that We have waived our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.
13.6 The Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
13.7 We both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).