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Terms and Conditions

WEBSITE TERMS AND CONDITIONS

 

1 General

1.1 PeopleLovePresents Limited (“We” or “Us”) owns and operates this website, www.peoplelovepresents.com (“Website”) and is an Irish private limited company having its registered office in Ireland.

1.2 Our registered company number is [ 457049 ]. 1.3 We offer an information and gift recommendation service (“Service”) of which users of the Website (“you” or “your”) can avail. 2 Your Implied Acceptance of these Terms of Use

 

2 Terms of Use

2.1 These terms and conditions (“Terms of Use”) govern your access to, and use of, the Website and all information, reviews and recommendations made on it, whether or not you wish to avail of the Service or are simply browsing.

2.2 By accessing and using this Website you are irrevocably agreeing to be bound by these Terms of Use. You should therefore read these Terms of Use carefully.

2.3 Please also note that these Terms of Use contain terms which limit our liability to you and which affect your legal rights. If you do not agree to these Terms of Use, you should not access or use the website.

2.4 None of the provisions of these Terms of Use will be interpreted so as to deprive you of any rights you may have as a consumer under applicable mandatory law.

2.5 No representation, promise or statement, written or oral, (including any contained in a newsletter or promotional literature made by us), forms part of these Terms of Use or has any legal effect. If there is any conflict between the provisions of the PeopleLovePresents Limited Privacy Statement and these Terms of Use, these Terms of Use will prevail.

 

3 Amendments

3.1 We reserve the right to amend these Terms of Use from time to time to update them or make other changes which we consider necessary. You should review the Website Terms of Use each time you access, view and/or use the Website. Each time you access, view and/or use the Website, you will be bound by the Terms of Use in place at the time of such access, viewing and/or use, whether or not you have reviewed them.

 

4 Use of Website

4.1 You may use the Website for your personal use only and not for any commercial purpose.

 

5 Information Purposes Only

5.1 The content of the Website is provided for information purposes only, is subject to change and will be updated from time to time without notice to you.

5.2 Websites may be tampered with by unauthorised persons and, accordingly, you should view the information provided as indicative only and subject to confirmation by the vendor of the existence and/or availability of any goods, products or services mentioned on the Website (“Gift” or “Gifts”).

5.3 Also, while we endeavour to give accurate reviews and information regarding Gifts, we have no liability or responsibility for the accuracy, appropriateness or content of any review or recommendation. You should make you own decision regarding a Gift independent of any information on the Website.

 

6 No Sales

6.1 We do not sell, or offer for sale, any Gifts. A recommendation of a Gift on our Website is not a guarantee that the vendor of the Gift will have the specific Gift, and/or sufficient quantities of them, available for sale to you.

 

7 Registration

7.1 You are not required to register with us if you simply want to browse throught the content on the Website.

7.2 However, registration is required to subscribe to PeopleLovePresents Newsletters, Reminders, Shortlists and/or Hintlists, as the case may be. Registration is at our sole discretion.

7.3 You will be asked to provide information such as your name, address and/or email address in order to register. All information supplied must be complete, accurate and up-to-date. In addition, you must choose a user ID and password. We may restrict the user ID and password which you can choose.

 

8 Intellectual Property and Use of Content

8.1 We retain all rights, title and interest in and to, all the intellectual property, data, information, reviews, recommendations, communications, software, scripting, photographs, text, video, graphics, designs, music, sounds, images, trademarks, trade names, logos, selection, presentation, arrangement (including public domain information) copyright materials and other materials and elements displayed on the Website, including the overall design, layout and look and feel of the Website ( collectively, the "Content").

8.2 You should note that the Content is protected by copyright, trademark, database right, sui generis rights and other intellectual property laws (as the case may be), under national laws and international treaties.

8.3 You may not make alterations, copies, extractions, modifications, or additions to the Content on this site, or sell, copy, disseminate, licence, commercially exploit or misuse the Content in any way. If you want to re-publish, extract, reproduce, disseminate or otherwise use the Content, you must obtain prior written permission from us, and from any other entities entitled to an interest in the relevant intellectual property, unless otherwise expressly provided in these Terms of Use.

8.4 Without prejudice to other terms contained in these Terms of Use, we disclaim, to the fullest extent permitted by applicable law, liability for any type of loss or damage which may be suffered by any person resulting from the dissemination or use of the Website or the Content.

8.5 This is without prejudice to any rights you may have under applicable mandatory law.

 

9 Communication at Your Own Risk

9.1 E-mail and other methods of transmitting information over the Internet are subject to interference or scrutiny by third parties and should be independently verified.

9.2 We cannot ensure security and privacy of communications between you and us and all risk in transmitting such communications lies with you.

 

10 Browse at Your Own Risk

10.1 Use of the Website, Content and Service is entirely at your own risk and you assume full responsibility and risk of loss resulting from the use of, viewing, access to, relying on or downloading of the Website and/or any Content.

10.2 You agree that we are not liable for loss or damages arising out of your use, or your inability to use this, Website, Content and/or Service.

10.3 The Website, Content and Service are provided as is and as available and we make no undertaking, representation or warranty: (i) in connection with the completeness or accuracy, reliability or timeliness of any of the Content; and/or (ii) that this Website or its server is free from defects, errors, viruses, bugs or other harmful elements.

10.4 All information regarding any Gifts should be confirmed with the manufacturer of the Gift.

 

11 Exclusion of Liability

11.1 To the fullest extent permitted by applicable law, we exclude all liability to you, however arising, under or in connection with these Terms of Use or your use of the Website, Content and/or Service, even if we have been advised of the possibility of such loss or damages, or if such loss or damages were reasonably foreseeable.

11.2 Notwithstanding the generality of the foregoing clause, in particular we will not be liable for any of the following losses arising from the viewing, use or accessing of this Website, Content and/or Service, or in connection with any error, omission, defect, computer virus or system failure or in connection with other sites accessed from the site:

1. Loss of actual or anticipated profits or loss of sales;

2. Loss of business, business opportunity, investment or customers;

3. Loss of actual or anticipated revenue or savings;

4. Loss of, damage to, or reduction in value of, goodwill or reputation;

5. Loss of, or loss of use of, or damage to, any software or data or equipment (including, without limitation, computer equipment);

6. Loss and/or liabilities arising under or in relation to any other contract and/ or purchase of goods recommended by us; and/or

7. Indirect, economic, consequential, exemplary, punitive, special or incidental damages or losse

 

12 Links to Third Party Websites

12.1 The fact that we provide a link to a third party website does not mean that we endorse, authorise or sponsor that website, nor does it mean that we are affiliated with the third party website’s owners or sponsors. We provide these links merely as a convenience for those who use the Website and Services. We do not review, control, or examine in any way third party links and are not responsible for the content, availability, advertising, products or other materials of any third party websites, or any additional links contained in them.

12.2 Your use of third party websites is subject to the terms and conditions of use contained within each of those websites. We reserve the exclusive right to terminate a link to a third party website and/or to introduce different third party website links to different users at any time without notice.

 

13 Prohibited Acts

13.1 You may not use the Website in any manner which could damage, disable, overburden or impair the Website, or any services provided by the Website, or any other party’s computer systems or hack or otherwise gain unauthorised access to this Website and its data.

13.2 You must not use the Website to transmit to or from the Website any potentially unlawful, threatening, libelous, defamatory, tortious, obscene, offensive, hateful, scandalous, inflammatory, pornographic or profane material, or any other material which could give rise to any civil or criminal liability under law, including, without limitation, any material which you are not entitled to post or transmit, or where such posting or transmission is otherwise in breach of any third party intellectual property rights.

13.3 You may not use any automated system or software to extract data from this Website for display on any other website or to use it otherwise and, equally, you may not copy or provide details of Gifts recommended by our Website on another website (including through links) or use it otherwise unless you obtained that information independent of our Website.

13.4 Subject to clause 13.5, other websites may not provide links to our Website without our prior written consent. To seek our written consent, you may write to us at the address above, or email us at info@peoplelovepresents.com This e-mail address is being protected from spambots. You need JavaScript enabled to view it . We reserve the right to rescind any permission granted by us to link through any type of link, and to require termination of any such link to the Website, at our discretion at any time.

13.5 Without prejudice to clause 13.4, bona fide search engines along the lines of Google and Yahoo may provide links to the Website in a manner consistent with our reputation and business offering.

 

14 Suspension/Termination of Use

14.1 We may at any time, without notice or reason, suspend or terminate your access to the Website or any service forming part of the Website. We are not liable to you or any third party for any suspension or termination of access to the Website.

 

15 Privacy Statement

15.1 For full details of the type of information which we collect via our Website, our use of such information and the persons and companies to whom we disclose this information, you should read our Privacy Statement which is hereby incorporated into and forms part of these Terms of Use.

 

16 Entire Agreement

16.1 These Terms of Use (and other documents referred to in them, such as the PeopleLovePresents Privacy Statement) represent the entire understanding between you and us concerning the viewing, accessing and use of the Website and all prior promises, representations, understandings, arrangements, agreements are revoked. These Terms of Use are not collateral to any other contract.

 

17 Irish Law Applies

17.1 Ireland is the place of performance in respect of this Website and the Service. We do not represent that materials or goods displayed on the Website are appropriate or available for use outside Ireland.

17.2 The Terms of Use are governed by and construed in accordance with the laws of Ireland, and you agree that the courts of Ireland have exclusive jurisdiction to hear and determine any actions or proceedings which may arise out of or in connection with these Terms of Use. However, this does not prevent us from instituting proceedings or enforcing judgments outside of Ireland.

17.3 Any inquiries concerning these Terms of Use should be directed to our Online Enquiry Form.

 

18 Assignment

18.1 You shall not transfer, assign or sublicence in any manner whatsoever, any of your rights or obligations under these Terms of Use. We may transfer, assign, or sublicence in any manner whatsoever, any of our rights and obligations under these Terms of Use to a subsidiary, affiliate, or successor thereof, or to any third party whatsoever, without notifying you or receiving your consent.

 

 
COMPETITION TERMS AND CONDITIONS

Last updated: March 2010

 

1. It is free to take part in this competition and no purchase is necessary. All entrants must, however, register to receive the PeopleLovePresents newsletter in order to take part in this competition and to win the prize.

2. Entries can be made by completing the registration form available online via this website. In the registration form, entrants must provide their name, e-mail address and approximate age.

3. There is a single prize. All purchases will be made by PeopleLovePresents Limited on behalf of the winner.

4. PeopleLovePresents Limited employees and their families, its agents or anyone professionally involved in the competition are excluded from entry.

5. There is a limit of one entry per person. PeopleLovePresents Limited has the right to exclude entry when it has reasonable grounds to believe that they are multiple entries.

6. PeopleLovePresents Limited is not responsible or liable for entries lost, damaged or not completed. All lost, damaged or incomplete entries will be deemed invalid. Bulk entries are not permitted. No correspondence will be entered into.

7. The winner will be chosen at random from all valid and complete entries received before the closing date.

8. The winner will be notified via email. The winner must accept the prize within seventy two (72) hours of the winner notification email being sent. If the winner does not accept the prize before the expiry of the seventy two (72) hour period, a new winner will be drawn at random until a winner accepts the prize within the seventy two (72) hour acceptance period.

9. If you wish to find out the identity of the winner please send a stamped addressed envelope within three (3) months of the closing date to: PeopleLovePresents Limited, 9 Upper Fitzwilliam St, Dublin 2, Ireland.

10. All personal data submitted will be treated in accordance with our privacy policy which is available on this website.

11. By registering and entering this competition, entrants agree to receive the PeopleLovePresents newsletter and other updates and marketing and promotional communications via email and to the use of their personal data for the purposes set out in our privacy policy.

12. Entrants can unsubscribe to the PeopleLovePresents newsletter at any time following the ‘unsubscribe’ link contained within the email received from PeopleLovePresents.

13. By registering and entering this competition, entrants agree to be bound by these terms and conditions. Please retain a copy of the terms and conditions for your records. Entries through agents or third parties are invalid.

14. Access to, and use of, our website is governed by our terms of use which are available on this website.

15. These terms and conditions, and this competition, are governed by the laws of Ireland and are subject to the jurisdiction of the courts of Ireland.

16. The promoter is PeopleLovePresents Limited with registered company number 457049. PeopleLovePresents Limited is a private limited company having its registered office in Ireland. 

 

 
PEOPLELOVEPRESENTS UK MERCHANT SERVICE TERMS AND CONDITIONS

(CLICK HERE FOR IRISH MERCHANT SERVICE TERMS AND CONDITIONS)

Last updated July 20 2010


1. BASIS OF CONTRACT
1.1 PeopleLovePresents will send the Customer a copy of the Order Specification and a link to the Order Confirmation Form once the parties have agreed, in principle, the Customer’s requirements in respect of the Service. This is an invitation to treat only.


1.2 If satisfied with the Order Specification, the Customer may then order the Service by completing the Order Confirmation Form on the Website. This Order constitutes an offer by the Customer to purchase the Service from PeopleLovePresents in accordance with these Conditions.


1.3 The Order is only deemed to be accepted when PeopleLovePresents issues written or electronic formal unambiguous acceptance of the Order by way of the issue of an invoice to the Customer or, if earlier, commences performance of the Service, at which point and on which date the Contract comes into existence (“Commencement Date”) between the Customer and PeopleLovePresents.


1.4 PeopleLovePresents may, at its absolute discretion, accept or reject an Order.


1.5 The Contract commences on the Commencement Date and continues after that indefinitely unless and until terminated in accordance with these Conditions.


1.6 PeopleLovePresents will only accept Orders for the Service from the Customer, and will only provide the Service to the Customer, subject to, and in accordance with, these Conditions. No terms endorsed on, delivered with or contained in the Customer’s Order, confirmation of Order, or other document issued or delivered by or on behalf of the Customer form part of the Contract. No conduct of PeopleLovePresents constitutes acceptance of any terms or conditions put forward by the Customer.


1.7 The Contract, subject to clause 1.8, constitutes the entire agreement between the parties. The Customer acknowledges that it has not relied on, and has no remedy in respect of, any statement, promise or representation made or given by or on behalf of PeopleLovePresents which is not set out in the Contract.


1.8 The Customer, as a condition of this Contract, unconditionally accepts PeopleLovePresents’ website terms and conditions of use published on the Website from time to time which are hereby incorporated into this Contract. In the event of any conflict or inconsistency between them, the Conditions take precedence over the website terms and conditions of use.


1.9 Any quotation or Order Specification issued or given by PeopleLovePresents does not constitute an offer, and is only valid for a period of twenty (20) calendar days from its date of issue.

 

2. SUPPLY OF SERVICE
2.1 PeopleLovePresents will supply the Service to the Customer in accordance with the Order Specification in all material respects. The Order Specification exhaustively describes the Service. The Service is deemed to be delivered in the United Kingdom in all respects.


2.2 The Customer acknowledges and agrees that, without prejudice to any other provisions in the Conditions, the operation and reputation of the Website and the Service is dependent upon PeopleLovePresents having absolute discretion in relation to all Content on the Website. The Customer accordingly acknowledges and agrees that:


(a) PeopleLovePresents has absolute discretion in relation to the publication, removal, editing, deletion, addition, changes and/or modifications of all Content on or in the Website (including, without limitation, which Products and the number of Products which appear on the Website);


(b) no guarantee or representation is given in relation to any past, present or future Content on or in the Website, whether relating to the Customer or any other party, or the location or placement of Content relating to the Customer anywhere on the Website or alongside the Content of any other customer; and/or

 

(c) the Customer has no right to require PeopleLovePresents to edit any Content on the Website or to make any particular statements with regards to the Customer, Products or any other matter or item.

 

The Customer may, however, request PeopleLovePresents to remove Content relating to Products in which case PeopleLovePresents will endeavour to respond to such request within a reasonable period where and to the extent practicable. Any such request will not reduce or diminish the Customer’s obligation to pay the Charges or entitle the Customer to any additional deliverable as a part of the Service.

 

2.3 PeopleLovePresents has the right to make any changes to the Service, Order Specification, Website and/or Content in or on the Website which are necessary to comply with any applicable law or prevent any infringement of third party IP rights or to settle any claim or action whatever by any third party.

 

3. CUSTOMER'S OBLIGATIONS
3.1 The Customer will:


(a) ensure that the terms of the Order are complete and accurate;


(b) co-operate with PeopleLovePresents in all matters relating to the Service and Product Information;


(c) provide PeopleLovePresents with such Product Information as PeopleLovePresents may reasonably require in order to supply the Service;


(d) ensure that the Product Information and Product provided or made available for publication by or on behalf of the Customer is compliant with all applicable laws and appropriate for publication on the Website; and


(e) ensure that any Product Information it provides or makes available are complete and accurate and do not infringe any persons’ IP rights and are not defamatory in any respect.

 

4. CHARGES AND PAYMENT
4.1 The Charges are determined in accordance with the Order Specification and are payable by the Customer in the amount, manner and currency and at the time set out in the Order Specification and these Conditions. Certain parts of the Service must be paid for in advance – these are referred to as pre-paid Services. Other parts of the Service can be paid for in arrears. The payment arrangements for the different parts of the Services are identified in the Order Specification.

 

4.2 PeopleLovePresents may allocate a Customer a unique account upon request. The Customer can log in to its account in order to view Product clicks, to update its account and to request or deposit additional credit. Interest does not accrue on any deposited credit. The Customer is responsible for its own account and for the safekeeping of its password. PeopleLovePresents does not guarantee that a Customer may use its account balance to purchase all parts of the Service - certain parts of the Service may have to be paid for separately. PeopleLovePresents may terminate an account at any time.

 

4.3 The Customer must have a sufficient balance of credit on its PeopleLovePresents account to obtain pre-paid Services. The Charges for pre-paid Services will be automatically deducted by PeopleLovePresents from the Customer’s account in accordance with the Order Specification and, where applicable, based upon the number of clicks on the Products as determined by PeopleLovePresents. The Customer may log in to it’s PeopleLovePresents account at any time to view their remaining credit balance and the Charges deducted from the Customer’s account. The Customer is not entitled to obtain any pre-paid Service if the Customer’s account ceases to have a sufficient balance and the Customer’s relevant Products and Product Information may be removed from the Website without notice in such event.

 

4.4. The Customer will pay each invoice issued by PeopleLovePresents in respect of any parts of the Service which is payable in arrears (or for pre-paid Services obtained where the Customer did not have sufficient credit on its account) within thirty (30) days of the date of the invoice; and in full (without set-off, abatement, withholding, deduction or similar) and in cleared funds to a bank account nominated by PeopleLovePresents.

 

4.5 The Customer can deposit credit to its PeopleLovePresents’ account by advance payment, or otherwise pay invoices, through credit or debit cards or by other means acceptable to PeopleLovePresents. PeopleLovePresents reserves the right to stop accepting debit or credit cards from one or more issuers. Time for payment is of the essence of the Contract.

 

4.6 PeopleLovePresents may increase the Charges from time to time in accordance with clause 10.

 

4.7 All amounts payable by the Customer under the Contract (including those Charges stated in the Order Specification unless otherwise expressly stated) are exclusive of amounts in respect of VAT chargeable for the time being. If any taxable supply for VAT purposes is made under the Contract by PeopleLovePresents to the Customer, the Customer shall be charged and pay to PeopleLovePresents such additional amounts in respect of VAT as are chargeable on the supply of the Service at the same time as payment is due for the supply of the Service (i.e. whether pre-paid or paid in arrears).

 

4.8 If the Customer fails to make any payment due to PeopleLovePresents under the Contract by the due date for payment, PeopleLovePresents may charge interest on the overdue amount at the rate of five (5) per cent per annum above the then current Allied Irish Bank's base lending rate accruing on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment.

 

4.9 If the Customer fails to make any payment due to PeopleLovePresents under the Contract by the due date for payment, PeopleLovePresents may, at its absolute discretion, accept such failure as a repudiation of the Contract or suspend the provision of the Service.

 

4.10 If the Customer believes that PeopleLovePresents has charged it in error, the Customer must contact PeopleLovePresents at info@peoplelovepresents.com within 90 days after such charge. No refunds will be given for any charges which are more than 90 days old.

 

4.11 The Customer accepts that any credit deposited to its account must be used to purchase Services. Credit deposited to an account is non-refundable.

 

5. INTELLECTUAL PROPERTY RIGHTS
5.1 All IP rights in the Website, Content in or on the Website and Service and arising out of or in connection with any of them will at all times remain fully and absolutely vested in PeopleLovePresents (or, as the case may be, its third party licensors including, to the extent applicable under clause 5.2, the Customer). All IP rights in or arising out of or in connection with the Subscription Service and/or the Website are owned by PeopleLovePresents absolutely.

 

5.2 The Customer hereby grants PeopleLovePresents a perpetual, irrevocable, worldwide, royalty free, fully paid up, transferable licence to all IP rights in the Product Information to the extent reasonably necessary for the provision or operation of the Website, Service and any reasonable and/or related activities, services, marketing or offerings of PeopleLovePresents. This licence does not end on the termination of the Contract.

 

5.3 The Customer hereby confirms that it has sufficient rights in all IP and Content provided or made available by the Customer in connection with the Products and/or Product Information to grant the rights to PeopleLovePresents under clause 5.2.

 


6. CONFIDENTIALITY
6.1 The Customer will keep in confidence any information of a confidential nature obtained under or in connection with these Conditions or a Contract or during the course of the parties’ business relationship, will use that information only for the purposes of the Contract and will not disclose that information to any person (other than its employees who may need to know the information) without the prior written consent of PeopleLovePresents. This does not apply to information to the extent only that it (i) has been published other than through a breach of these Conditions or the Contract; (ii) is lawfully in the possession of the Customer before such disclosure took place as evidenced by its records; and/or (iii) is obtained from a third party who is free to disclose it. This clause survives the termination of these Conditions and/or the Contract.

 

7. LIABILITY

7.1 Nothing in these Conditions limits or excludes PeopleLovePresents' liability for (a) death or personal injury caused by its negligence; (b) fraud or fraudulent misrepresentation; or (c) any matter which cannot be excluded pursuant to applicable law.

 

7.2 The Website, Content in or on the Website and Service are provided as is and as available and PeopleLovePresents makes no undertaking, representation or warranty: (i) in connection with the availability, completeness, accuracy, reliability or timeliness of any of the Content, Service and/or the Website; and/or (ii) that the Content, Service, Website or its server is free from defects, errors, viruses, bugs or other harmful elements.

 

7.3 Subject to clause 7.1, to the fullest extent permitted by applicable law, PeopleLovePresents is not liable or responsible for any of the following, whether arising directly or indirectly and whether it was advised of the possibility of them in advance:


(a) loss of actual or anticipated profits or loss of sales;


(b) loss of business, business opportunity, investment or customers;


(c) loss of actual or anticipated revenue or savings;


(d) loss of, damage to, or reduction in value of, goodwill or reputation;


(e) loss of, or loss of use of, or damage to, any software or data or equipment (including computer equipment);


(f) loss and/or liabilities arising under or in relation to any other contract; and/or


(g) economic, consequential, exemplary, punitive, special, or incidental Loss.


7.4 PeopleLovePresents' total liability to the Customer in respect of all Losses (which are not otherwise excluded) arising out of, under or in connection with the Contract or Service, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, is limited to the Charges paid by the Customer to PeopleLovePresents under this Contract (to the exclusion of any other contract between the parties) in the three months prior to the date on which the event giving rise to the Loss occurred.


7.5 Except as set out in these Conditions, all warranties, conditions and other terms implied by statute or common law (including, without limitation, section 13 of the Supply of Goods and Services Act 1982) are, to the fullest extent permitted by applicable law, excluded from the Contract. The Customer acknowledges and agrees that the Service is designed for use by businesses and confirms that it is not acting or dealing as a consumer.


7.6 Any credit deposited to the Customer’s account may be used by PeopleLovePresents at any time to cover sums which the Customer owes to PeopleLovePresents which are overdue and have not been paid.

 

8. TERMINATION
8.1 Either party may terminate the Contract with immediate effect by giving written thirty (30) days written notice to the other party, provided that the Customer will not be entitled to any reduction in the Charges or refund of any credit on its account where it terminates pursuant to this clause. If PeopleLovePresents terminates the Contract pursuant to this clause 8.1 (but not clause 8.2 or in any other case), the Customer will be entitled within three (3) months of the date of termination to claim a refund in respect of any unused credit deposited to its account.


8.2 PeopleLovePresents may suspend or terminate the Contract, without liability and with immediate effect, by notice in writing if:


(a) the Customer commits a material breach of the Contract;


(b) the Customer fails to pay any sums due by the due date for payment;


(c) the Customer submits or makes available materially inaccurate or incomplete Product Information;


(d) PeopleLovePresents, acting reasonably, considers that the Product Information infringes the IP rights of a third party or is defamatory or there is a risk of such;


(e) the Customer does anything which damages or harms the reputation, standing or goodwill of PeopleLovePresents, the Website or Service;


(f) PeopleLovePresents, acting reasonably, considers that any reference on or in the Website to the Customer or its Products may damage or harm the reputation, standing or goodwill of PeopleLovePresents, the Website or Service; and/or


(g) PeopleLovePresents, acting reasonably, considers that the Customer is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or the Customer enters into any liquidation or has a receiver of its assets appointed, or has a provisional liquidator appointed or a petition for its winding up is advertised or presented or a petition is presented requesting the appointment of an examiner or anything analogous to any of the aforementioned events occurs in any other jurisdiction (otherwise than for the purpose of amalgamation or reconstruction upon terms previously approved in writing by both parties);


8.3 PeopleLovePresents has the right, but not the obligation, to permanently remove any or all Content relating to the Customer and/or its Products and Product Information upon the termination, expiration or suspension of the Contract and/or the Service.


8.4 Except as expressly stated in the Conditions, on any expiration or termination (for whatever reason) of the Contract, all rights and obligations of either party in respect of each other pursuant to the Contract immediately end except that this is without prejudice to each party’s accrued rights, obligations and liabilities then existing at the time of termination or expiration which continue to exist and any rights, obligations and liabilities which expressly or by implication are intended to commence or continue in effect on or after termination or expiration of the Contract.

 


9. GENERAL

9.1 PeopleLovePresents may assign, novate or transfer a Contract, or any rights or obligations under a Contract, and the Customer hereby agrees to such and will do any reasonable matters to evidence such agreement. PeopleLovePresents may sub-contract its rights and obligations under the Contract and/or the operation of the Website and/or Service (in whole or in part).

 

9.2 If any condition of the Contract is found by any court to be invalid or unenforceable, such invalidity or unenforceability does not affect the other conditions of the Contract which shall remain in full force and effect and the condition in question shall apply with such modification as may be necessary to make it valid and enforceable.

 

9.3 Nothing in the Conditions or the Contract is intended to create a partnership, agency or employment relationship of any kind, or any form of a joint venture, between the parties or to authorise either party to act as agent for or on behalf of the other. Neither party has authority to make representations, act in the name or on behalf of or otherwise to bind or incur liability on behalf of the other.

 

9.4 Each right and remedy of PeopleLovePresents is without prejudice to any other right or remedy of PeopleLovePresents whether under the Contract or not and may be waived only in writing. Any failure to exercise or any delay in exercising a right or remedy does not constitute a waiver of that right or remedy or of any other rights or remedies. A waiver by PeopleLovePresents of any breach of, or any default under, any provision of the Contract is not a general waiver or a waiver of any subsequent default or breach and in no way affects the other terms of the Contract.

 

9.5 No variation, amendment, explanation or alteration of any of the provisions of the Contract is effective unless it is in writing and signed by or on behalf of PeopleLovePresents.

 

9.6 In these Conditions, the singular includes the plural and the masculine includes the feminine and neuter and vice versa. The section headings do not form a part of these Conditions and do not affect their construction or interpretation.

 

9.7 A person who is not a party to the Contract shall not have any rights under the Contracts (Rights of Third Parties) Act 1989 nor under or in connection with the Contract.

 

9.8 Neither party is liable for any delay or failure in performance of its obligations (except the Customer’s payment obligations) under the Contract caused by circumstances beyond its reasonable control and in which case the relevant party is entitled to a reasonable extension of time for performance. Circumstances beyond a party’s reasonable control include, without limitation, acts of God, governmental or regulatory act, tempest, terrorism, war, fire, flood, explosion, civil commotion, malicious damage, industrial unrest of whatever nature, lack of or inability to obtain power, supplies, resources or partial or total Internet access.

 

9.9 This 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), is governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England. This clause 9.9 does not prevent PeopleLovePresents from seeking provisional or protective relief, or enforcing any judgement, in any jurisdiction outside of England.


9.10 The parties agree that neither party is a consumer and that Regulations 13(1), 13(2), 14(1)(a) and 14(2) of the European Communities (Directive 2000/31/EC) Regulations 2003 do not apply in respect of the Contract.

 

 

10. CHANGES TO CONDITIONS AND CHARGES

10.1 The Charges may be increased or decreased, and the Conditions may be amended, by PeopleLovePresents from time to time. PeopleLovePresents will normally issue thirty (30) days prior written notice by e-mail and/or by posting changes on the Website prior to any variation in the Charges or amendments to the Conditions taking effect.


10.2 If the Customer does not accept the varied Charges or the amended Conditions, as the case may be, it may (provided that in the case of varied Charges, the variation relates to Charges payable by the Customer) terminate the Contract by thirty (30) days prior written notice to PeopleLovePresents by e-mail to info@peoplelovepresents.com. Variations to Charges payable under the relevant Contract, or amendments to the Conditions, as the case may be, will not take effect during this notice period.


10.3 If the Customer does not issue notice to terminate the Contract pursuant to clause 10.2 within thirty (30) days of PeopleLovePresents posting on the Website or e-mailing notice of the variation of Charges or amendment of the Conditions, as the case may be, the Customer will be deemed to have accepted the variation in the Charges and/or amendment to the Conditions, as the case may be, with effect from the effective date specified in the notification issued by PeopleLovePresents.

 


11. INTERPRETATION

11.1 In these Conditions, the following terms have the meaning given to them below:


“Charges” means the charges and sums payable by the Customer in respect of the Services, as set out in the Order Specification and as varied in accordance with clause 10.


“Commencement Date” has the meaning given to it in clause 1.3.


“Conditions” means the terms and conditions set out in this document and as varied in accordance with clause 10.


“Content” includes any and all data, information, reviews, recommendations, communications, software, scripting, photographs, text, video, graphics, designs, music, sounds, images, trademarks, trade names, logos, selection, presentation, arrangement (including public domain information), copyright materials and works and other materials and elements.


“Contract” means the Contract between the Customer and PeopleLovePresents as more particularly described in clause 1 and which includes these Conditions and the Order Specification.


“Customer” means the person or organisation named as the Customer identified in the Order Specification or, if not so identified, the person or organisation identifiable from the Order (and which expression includes its successors and permitted assigns).


“IP” means any intellectual property rights including, without limitation, goodwill, patents, copyrights, design rights, trade marks, graphics, sui generis database rights, confidential information, goodwill, whether registered or unregistered or capable of registration, anywhere in the world, together with applications or rights to apply for any of the foregoing.


“Losses” includes any costs, claims, demands, damages, losses, liabilities, proceedings, awards and/or expenses.


“Order” means an offer by the Customer to subscribe for the Service by completing the Order Confirmation Form, as more particularly described in clause 1.2.


“Order Confirmation Form” means the Order Confirmation Form on the Website completed by the Customer, the completion of which gives rise to an offer by the Customer to subscribe for the Service.


“Order Specification” means the Order Specification issued by PeopleLovePresents setting out the Charges and an exhaustive specification of the Service.


“PeopeLovePresents” means PeopleLovePresents Limited, a company registered in Ireland with company number 457049 (and which expression includes its successors and assigns).


“Product” means any good, product, service, voucher, experience, activity or other offering of the Customer whatsoever (and includes, as the context admits or requires, any or all of the Customer’s Products).


“Product Information” means any and all Content regarding the Customer’s Products provided, made available, recommended, referred or communicated to PeopleLovePresents by or on behalf of the Customer.


“Service” means the service exhaustively described in the Order Specification.


“Website” means www.peoplelovepresents.com.

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