Matrix Reimprinting Limited - Website Terms and Conditions
The use of www.matrixreimprinting.com (“Website”); any products or services supplied on or via the Website; and any correspondence by e-mail between us and you are subject to the following terms and conditions. Please read these terms carefully before using the Website or purchasing any products or services on or via the Website. Using the Website indicates that you accept these terms regardless of whether or not you choose to register with us. If you do not accept these terms, do not use the Website.
These terms are issued by Matrix Reimprinting Limited of 14 High Street, Studley, Warwickshire B80 7HJ (Company No. 07162003) (“Matrix Reimprinting”).
1.1 Matrix reimprinting is an energy psychology technique. The purpose of this Website is to promote the matrix reimprinting technique globally by connecting those interested in matrix reimprinting.
1.2 Users of the Website will include:
(a) Non-registered users who will be visitors to the Website and who have access to restricted areas of the Website without payment of any fees (“Non-registered User”);
(b) Registered users who will have the same restricted access to the Website as Non-Registered Users but who can provide their name and email address in order to receive newsletters from Matrix Reimprinting (“Registered User”);
(c) Students of the matrix reimprinting technique who will pay to register on the Website in order to gain access to all areas of the Website (“Students”);
(d) Qualified practitioners and / or trainers of the matrix reimprinting technique who will pay to register on the Website in order to gain access to all areas of the Website and in particular to have their profile listing included on the Website (respectively “Practitioners” and “Trainers”).
1.3 For the purposes of these terms and conditions, it is assumed that:
(a) Non-registered Users, Registered Users and Students are using the Website as consumers for your own personal purposes;
(b) Practitioners and Trainers are using the Website in the course of your business.
1.4 The terms and conditions shall apply to all users of the Website except where the application to different types of users is specified.
1.5 You agree to respect, support and abide by these guiding principles in using the Website.
1.6 Matrix Reimprinting may revise these terms and conditions at any time by updating this posting. You should check the Website from time to time to review the then current terms and conditions, because they are binding on you. Certain provisions of these terms may be superseded by expressly designated legal notices or terms located on particular pages at the Website.
1.7 By accepting these terms and conditions, you are entering into a legally binding agreement with us. The agreement between you and us comprises:
(a) these terms and conditions;
(c) Matrix Reimprinting Forum Rules; and
(d) our Code of Conduct and Ethics;
together the “Agreement”.
1.8 In the event of any conflict, the order of precedence for the terms, policies, rules and codes shall be as listed chronologically in paragraph 1.7 above.
2.1 The following terms shall apply with respect to Registered Users registering to use the Website:
(a) You can register as a Registered User at www.matrixreimprinting.com and you may use the Website for your personal purposes only in particular, to receive newsletters from Matrix Reimprinting; to search for Practitioners and Trainers; to buy products; and to gain access to other limited areas of the Website.
(b) Registration as a Registered User is free. Once registered, we will include you on our email mailing list and send you regular newsletters. To gain full access to the Website, you will need to register either as a Student, Practitioner and / or Trainer in accordance with paragraph 2.2, 2.3 or 2.4 below.
2.2 The following terms shall apply with respect to Students registering to use the Website:
(a) You can register as a Student at www.matrixreimprinting.com and, on registration, you will be provided with a username and password. You may use the Website for your personal purposes only in order to access all areas of the Website. In particular, you can access details of Practitioners and Trainers; participate in social forums available on the Website; and buy products.
(b) Registration as a Student is subject to payment of an annual subscription which is due annually in advance. Once you are registered and payment has been received, you will have access to all areas of the Website. Payment for this together with any other services or products that you may purchase on the Website will be collected via a secure online third party payment service. Details of our prices are shown at the time of registering or ordering such services or products.
2.3 The following terms shall apply with respect to Practitioners and Trainers registering to use the Website:
(a) You can register as a Practitioner and/or Trainer at www.matrixreimprinting.com and, on registration, you will be provided with a username and password.. You may use the Website for your business purpose as a qualified matrix reimprinting practitioner or trainer only.
(b) Registration as a Practitioner and/or Trainer is subject to payment of an annual subscription which is due annually in advance. Once you are registered and payment has been received, we will upload your information on the Website so that it is shared with all users of the Website. In addition, on registration all of the content of the Website is free to view. Payment for this together with any other services or products that you may purchase on the Website will be collected via a secure online third party payment service. Details of our prices are shown at the time of registration or ordering such services or products.
2.4 With respect to Trainers only, prospective Practitioners will be able to contact you in order to be trained by you. You agree to pay Matrix Reimprinting a fixed amount of £50 for every Practitioner that you train.
2.5 The following terms shall apply to all users of the Website:
(a) You confirm, if you register or place an order on the Website, that you are at least 18 years old and are legally capable of entering into binding contracts.
(b) You warrant that all information and details you provide on registration and throughout your use of the Website are true, accurate and up to date. Practitioners and Trainers, in particular, warrant that they are qualified practitioners or trainers in matrix reimprinting and Matrix Reimprinting excludes all liability in relation to any misrepresentation that Practitioners or Trainers may make on the Website.
(c) Each registration is for a single user only. Matrix Reimprinting does not permit you to share your username and password with any other person nor with multiple users on a network.
(d) Responsibility for the security of any passwords issued rests with you.
3. purchase of products and services from the website
3.1 You are able to purchase products and services online from Matrix Reimprinting on or via the Website. Products include but are not limited to DVDs and books (“Products”) and services include but are not limited to those services made available on registration as set out in paragraph 2 above such as access to various resources relating to matrix reimprinting; access to details about Practitioners, Trainers and relevant courses; participation in social forums; and the ability for Practitioners and Trainers to be listed on the Website (“Services”). These terms and conditions apply to the purchase of these Products and Services. Purchases of Products or Services from Practitioners, Trainers or other third parties will additionally be subject to any terms specified by that Practitioner, Trainer or third party.
3.2 If you are purchasing Products from the Website then, after placing an order, you will receive an email address from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you the Product. The contract between us (“Contract”) will only be formed when we send you the Product.
3.3 Your order will be fulfilled within a reasonable time of receiving your order, unless there are exceptional circumstances.
3.4 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
3.5 If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products.
3.6 To cancel a Contract, you must inform us in writing. You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation. This provision does not affect your statutory rights.
3.7 The Services, once purchased, will be made available online.
3.8 Payment for all Products and Services must be by Paypal.
3.9 We reserve the right to refuse to process a transaction for any reason. We will not be liable to you or any third party by reason of our failing to process a transaction. Your order is your offer to purchase, which is subject to acceptance by us. The contract will be formed when we send you the Product or provide you with the Service.
3.10 Payment will be collected via a secure online third party payment service. Details of our prices are shown at the time of ordering a Product or requesting a Service.
4.1 Depending on your level of registration, we grant to you a personal, non-exclusive, royalty-free licence, subject to the Agreement and without the right to grant sub-licences, to access, through a generally available web browser or mobile device or application to view information and material appearing on the Website from time to time, and to use all facilities, services and functions that we may make available on or via the Website for the benefit of users from time to time.
4.2 You are permitted to print, copy, stream and download extracts from the Website on the following basis:
(a) all content is for personal use (for Non-registered Users, Registered Users and Students) or internal business use (for Practitioners and Trainers) only, and shall not be exploited in any way; and
(b) content on the Website may not be modified in any way unless it relates to your personal information or Material (as defined in paragraph 6.1 below; and
(c) the Website and its content may only be used for lawful purposes, and in a manner which does not infringe the rights of, or restrict or inhibit the use and enjoyment of our services by any third party; and
(d) you agree to comply with these terms and conditions when using our services and all applicable laws and regulations, together with any specific usage rules that may be posted on the relevant Website in relation to any material and content that you access; and
(e) no documents or related graphics on the Website are modified in any way; and
(f) no graphics on the Website are used separately from the corresponding text; and
(g) Matrix Reimprinting's copyright notice and permission notice appear in all copies as follows: “© Matrix Reimprinting Limited. Published by permission of the copyright owner.”
4.3 If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
4.4 Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website (including without limitation photographs, graphical images and videos) are owned by Matrix Reimprinting or our licensors. For the purposes of these terms and conditions, any use of extracts from the Website other than in accordance with paragraph 4.2 for any purpose is prohibited. If you breach any of these terms and conditions, your permission to use the Website automatically terminates and you must immediately destroy any downloaded or printed extracts from the Website.
4.5 Subject to paragraph 4.2, no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without Matrix Reimprinting's prior written permission.
4.6 You agree not to circumvent, disable or otherwise interfere with the security related features of the Website or features which prevent or restrict use or copying of any content or enforce limitations on use of the Website or any content on them.
4.7 Any rights not expressly granted in these terms are reserved.
5. Service access
5.1 We do not guarantee that the Website or any facilities, services and functions that we may make available on or via the Website for the benefit of users from time to time will be available or will function without interruption or error, or that their availability will not be interrupted due to maintenance, updates, or system or network failures. Consequently, we hereby disclaim all liability for any loss or damage suffered or incurred by you as a result of any such error or interruption.
6. User material and conduct
6.2 The Material you submit will be made available to users of the Website under these terms and conditions, as updated from time to time, to which you agree. However Matrix Reimprinting reserves the right to withhold, remove or discard any Material without giving you notice. You have the right to withdraw your Material or parts of it at any time, by emailing Matrix Reimprinting at email@example.com. Please allow Matrix Reimprinting 7 days to take your Material off the Website.
6.3 In using the Website, you agree to abide by the Matrix Reimprinting Forum Rules [INSERT LINK TO FORUM RULES]. In particular, you are prohibited from posting or transmitting to or from the Website (including in any mails or in any blog or forum areas) any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
(b) for which you have not obtained all necessary licences and/or approvals; or
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
6.4 We are under no obligation to verify the identity of any user of the Website, neither do we have any obligation to monitor the use of the Website or of any facilities, services or functions that we make available on or via the Website for the benefit of users from time to time. Accordingly, we assume no responsibility or liability arising from the content of the Website nor identity theft or any other misuse of your identity. You are responsible for the content of your Material and for any harm or loss it causes. You understand and agree that the views posted on the Website by other users do not necessarily represent the views of Matrix Reimprinting.
6.5 You may not misuse the Website (including, without limitation, by hacking or any denial of service activity).
6.6 Matrix Reimprinting shall fully co-operate with any law enforcement authorities or court order requesting or directing Matrix Reimprinting to disclose the identity or locate anyone posting any material in breach of paragraph 6.
7. Data Protection
7.1 Unless otherwise agreed between us, to the extent that materials provided by you contain personal data, you shall be the data controller and Matrix Reimprinting shall be the data processor of that personal data. To the extent that you obtain personal data relating to Matrix Reimprinting or to members of the Website other than directly from the individuals concerned, Matrix Reimprinting shall be the data controller and you shall be the data processor of that personal data.
7.2 Each of us when acting as a data processor agrees that:
(a) it shall comply with any instructions given by the other party as data controller in the processing of the personal data; and
(b) it shall operate and maintain in place appropriate operational and technological processes and procedures to safeguard against unauthorised access, loss, destruction, theft, use or disclosure of the personal data.
7.3 For the purposes of this paragraph the terms “personal data” and “data controller” and “data processor” shall be as defined in the Data Protection Act 1998.
8. Links to and from other websites
8.1 Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. Matrix Reimprinting has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. Matrix Reimprinting therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
8.2 If you would like to link to the Website, you may only do so on the basis that you link to, but do not replicate, the home page of the Website, and subject to the following conditions:
(a) you do not remove, distort or otherwise alter the size or appearance of the Matrix Reimprinting logo;
(b) you do not create a frame or any other browser or border environment around the Website;
(c) you do not in any way imply that Matrix Reimprinting is endorsing any products or services other than its own;
(d) you do not misrepresent your relationship with Matrix Reimprinting nor present any other false information about Matrix Reimprinting;
(e) you do not otherwise use any Matrix Reimprinting trade marks displayed on the Website without express written permission from Matrix Reimprinting;
(f) you do not link from a website that is not owned by you; and
(g) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
8.3 Matrix Reimprinting expressly reserves the right to revoke the right granted in paragraph 8.2 for breach of these terms and to take any action it deems appropriate.
8.4 You shall fully indemnify Matrix Reimprinting for any loss or damage suffered by Matrix Reimprinting for breach of paragraph 8.2.
9. Termination of Membership
9.1 We may terminate your registration, with or without cause, at any time by giving notice of termination to you by email at the email address that you have registered with us as your current contact address. This termination will be effective immediately upon our sending the notice of termination to you. If you are a Practitioner, Trainer or Student, we will refund a pro rata amount of your annual subscription relating to the unexpired period unless you are in breach of these terms and conditions in which case we will notify you in writing and no refund will be made.
9.2 You may terminate your registration with immediate effect, with or without cause, at any time by giving notice to us to that effect by following the relevant instructions set out on the Website. If you are a Practitioner, Trainer or Student, you will not receive a refund of your annual subscription in these circumstances.
9.3 If your registration is terminated, you will, with effect from termination, have no access to the facilities, services and functions that we may make available on or via the Website for the benefit of Registered Users, Students, Practitioners and Trainers.
10.1 While Matrix Reimprinting endeavours to ensure that the information on the Website is correct, Matrix Reimprinting does not warrant the accuracy and completeness of the material on the Website. Matrix Reimprinting may make changes to the material on the Website, or to the products and prices described in it, at any time without notice. The material on the Website may be out of date, and Matrix Reimprinting makes no commitment to update such material.
10.2 The material on the Website is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, Matrix Reimprinting provides you with the Website on the basis that Matrix Reimprinting excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for these terms, might have effect in relation to the Website.
10.3 You understand that when using the Website, you are exposed to material from a number of sources that has been submitted by users of the Website. Matrix Reimprinting is not responsible for the accuracy, usefulness, safety or other characteristics of such material, nor for any infringement of a third party’s intellectual property or other rights. You agree not to make any claim against Matrix Reimprinting in respect of such material.
10.4 The Website is a place where those interested in the matrix reimprinting technique can be connected. Any contracts you make with users as a consequence of contact on the Website are made between you and the relevant user and you will need to agree and be bound by terms directly with them. Matrix Reimprinting takes no responsibility or liability in relation to any contracts that you may enter into with such third parties. In addition, Matrix Reimprinting disclaims all liability in relation to the services provided by the Practitioners and Trainers listed on the Website.
Paragraphs 11.1, 11.2 and 11.6 apply to Practitioners and Trainers acting in the course of your business:
11.1 Subject to paragraph 11.6, Matrix Reimprinting shall not be liable in any circumstances to you for consequential, special or indirect losses, or the following losses whether direct or indirect:
(a) loss of profits;
(b) loss of income or revenue;
(c) loss of business or contracts;
(d) loss of anticipated savings;
(e) loss of goodwill;
(f) loss of data, or
(g) any losses arising from a claim by a third party for any of the above losses;
whether arising under contract, statute, tort (including without limitation, negligence), or otherwise.
11.2 Subject to paragraph 11.6, our liability to you under these terms and conditions is strictly limited to the greater of £100 or the price paid for the Product or Service to which the claim relates.
Paragraphs 11.3 to 11.6 apply to Non-Registered Users, Registered Users and Students using the Website as consumers for your own personal purposes:
11.3 Neither Matrix Reimprinting, not any of our directors, agents or employees will be liable for:
(a) save as specified in paragraphs 11.4 and 11.6 below, any losses arising out of or in connection with your use of the Website or your purchase of any Products or Services; or
(b) any losses which were not caused by a breach of these terms by us or by our negligence.
11.4 Subject to the remainder of this paragraph 11, we do not exclude liability for losses arising out of or in connection with your use of the Website or your purchase of our Products or Services which were foreseeable to both you and us at the time of purchase.
11.5 Subject to paragraph 11.6 of these terms, our liability to you under these terms and conditions is strictly limited to the greater of £100 or the purchase price of the Product or Service (including the registration fee) to which the claim relates.
11.6 Nothing in these terms shall exclude or limit Matrix Reimprinting's liability for:
(a) death or personal injury caused by our negligence or that of our directors, agents or employees; or
(b) fraud; or
(c) misrepresentation as to a fundamental matter; or
(d) any liability which cannot be excluded or limited under applicable law.
11.7 Where you buy any product or service from a third party through the Website, the third party’s individual liability will be set out in their terms and conditions.
You will fully indemnify us, our employees, agents and representatives (collectively “the Indemnified Parties”) and keep the Indemnified parties fully indemnified from and against any and all actions, claims, demands, costs (including reasonable legal costs) expenses, losses, damages or liability suffered or incurred by us and arising from or in connection with any breach by you of the Agreement, any Material that you submit to the Website or any act or omission on your part in the use or enjoyment of your registration to the Website.
13. Import duty
13.1 If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
13.2 Please also note that you must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable for any breach by you of any such laws.
14. Written communications
14.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our Website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
15. Transfer of rights and obligations
15.1 The Agreement between you and us is binding on you and us and on our respective successors and assigns.
15.2 You may not transfer, assign, charge or otherwise dispose of the Agreement, or any of your rights or obligations arising under it, without our prior written consent.
15.3 We may transfer, assign, charge, sub-contract or otherwise dispose of the Agreement, or any of our rights or obligations arising under it, at any time during the term of the Agreement.
16. Events outside our control
16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Agreement that is caused by events outside our reasonable control (“Force Majeure Event”).
16.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks;
(f) the acts, decrees, legislation, regulations or restrictions of any government.
16.3 Our performance under the Agreement is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
17.1 If we fail, at any time during the term of the Agreement, to insist upon strict performance of any of your obligations under the Agreement or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Agreement, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
17.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
17.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 14.
If any of these terms and conditions or any provisions of the Agreement are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
19. Entire agreement
19.1 The Agreement and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of the Agreement and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
19.2 We each acknowledge that, in entering into the Agreement, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Agreement except as expressly stated in these terms and conditions.
20. Our right to vary these terms and conditions
We have the right to revise and amend these terms and conditions from time to time.
21. THIRD PARTY RIGHTS
The parties to the Agreement do not intend that any term of the Agreement shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
22. Governing law and jurisdiction
The Agreement 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 English law, and the parties submit to the exclusive jurisdiction of the English courts.
Issue Date: July 2010
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