|
Terms of Use
1. INTERPRETATION
1.1 The definitions and rules of interpretation in this condition apply to these Terms and Conditions of Use in their entirety.
Visitor: the person, firm or company who uses the site Binaryincome.com
Content: All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, digital media, videos, artwork and computer code.
Company: DMCubed LTD whose registered office is at
Isham Cottage,
18 Gulistan Road,
Milverton,
Leamington Spa CV32 5LU,
UK
trading on the Site as Binaryincome.com.
Contract: any contract between the Company and the visitor for the use of services contain on the site, incorporating these conditions.
The Site: www.binaryincome.com
1.2 A reference to English Law is a reference to it as it is in force for the time being, taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation for the time being in force made under it.
1.3 Words in the singular include the plural and in the plural include the singular.
1.4 A reference to one gender includes a reference to the other gender.
2. APPLICATION OF TERMS
2.1 These Terms and Conditions of use apply to the Site and all Contracts made between the visitor and the Company.
2.2 The formation, existence, construction, performance, validity and all aspects of the Contract shall be governed by English law and the parties submit to the exclusive jurisdiction of English Law, and agree to abide by any decision made by the English Courts in relation to any dispute, which may arise.
3. THE SITE
3.1 All Content including but not limited to the design, structure, selection, coordination, expression, 'look and feel' and arrangement of the Content, contained on the site is owned or controlled by the Company and to the extent permitted by English Law and the laws of any other applicable jurisdiction, is protected by copyright, patent and trademark laws.
3.2 Except as expressly provided in these Terms and Conditions of Use, no part of the Site or Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including mirroring) to any other computer, server, web site, or other medium for publication or distribution or for any commercial enterprise, without the express written consent of the Company.
4. LINKS TO OTHER SITES AND TO THE BINARYINCOME SITE
4.1 Any links to other independent third-party web sites (Linked Sites) which the Site may contain are not under the control of the Company. The Company is not responsible for and does not endorse, the content of such Linked Sites or any information or materials which they may contain. The visitor's use of other sites is subject to the terms of use and privacy policies located on the Linked Sites.
Binaryincome.com may generate some revenue from third party links and connected affiliate systems.
5. SITE CONTENT
5.1 The Site does not constitute as financial advice and is based on journalistic research.
Any information should be considered in regard to specific circumstances and
ideas are to be followed at your own risk.
5.2 The Site does not constitute any form of advice, recommendation,
representation, endorsement or arrangement by the Company and is not intended to be relied
upon by you in making (or refraining from making) any specific investment or other decisions.
Given that the impact of any information expressed on the Site can vary widely based on
your particular circumstances, you should always carry out your own research into the
product that is of interest to you.
6. LIMITATION OF LIABILITY
6.1 The following provisions set out the entire financial liability of the Company (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the visitor in respect of.
(a) any breach of these conditions;
(b) any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract.
6.2 All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract.
6.3 Nothing in these conditions excludes or limits the liability of the Company:
(a) for death or personal injury caused by the Company's negligence; or
(b) under section 2(3), Consumer Protection Act 1987; or
(c) for any matter which it would be illegal for the Company to exclude or attempt to exclude its liability; or
(d) for fraud or fraudulent misrepresentation.
6.4 Subject to condition 14.2 and condition 14.3:
(a) the Company's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the Contract price; and
(b) the Company shall not be liable to the Buyer for any pure economic loss, loss of profit, loss of business, loss of data, depletion of goodwill or otherwise, in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract.
7. FORCE MAJEURE
The Company reserves the right to defer the date of delivery or to cancel the Contract or reduce the volume of the Goods and or Tricks ordered by the Buyer (without liability to the Buyer) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of the Company including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, provided that, if the event in question continues for a continuous period in excess of thirty (30) days, the Buyer shall be entitled to give notice by e-mail to the Company to terminate the Contract.
8. GENERAL
8.1 Each right or remedy of the Company under the Contract is without prejudice to any other right or remedy of the Company whether under the Contract or not.
8.2 If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.
8.3 Failure or delay by the Company in enforcing or partially enforcing any provision of the Contract shall not be construed as a waiver of any of its rights under the Contract.
8.4 Any waiver by the Company of any breach of, or any default under, any provision of the Contract by the Buyer shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the Contract.
8.5 The parties to the Contract do not intend that any term of the Contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
9. COMMUNICATIONS
9.1 All communications between the parties about the Contract shall be by e mail
(a) (in case of communications to the Company) to 'use the form linked from here' ; or
(b) (in the case of the communications to the visitor) to the email address advised to the Company on the original order.
|
