Agreement to Terms
Information you provide
• You represent and warrant that: (a) all registration information you submit is true, accurate, current, and complete and relate to you and not a third party; (b) it is your responsibility to maintain the accuracy of such information and promptly update such information as necessary; (c) you will keep your password confidential and will be responsible for all use of your account and password; (d) you have the legal capacity and you agree to comply with these Terms and Conditions; and (e)you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site. • If you submit any information that is untrue, not current, incomplete or inaccurate, we may suspend or terminate your account. We may change or remove a user name you select if we establish that such user name is inappropriate.
Information you provide
• Unless otherwise suggested, the Site and Services including software, source code, databases, functionality, website designs, audio, video, text, photographs, and graphics on the Site (Our Content) are owned or licensed to us, and are protected by copyright and trademark laws. • Except as expressly stated in these Terms and Conditions, no part of the Site, Services or Our Content may be copied, reproduced, republished, aggregated, uploaded, posted, publicly displayed, encoded, translated, distributed, transmitted, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. • As long as you are eligible to use the Site, you are granted a limited licence to access and use the Site and Our Content and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. • You shall not attempt to gain unauthorised access to the Site or any of its networks, servers or computers. • We shall (a) prepare the Site and Our Content with reasonable skill and care; and (b) use industry standard virus detection software to try to prevent the uploading of content to the Site that contains viruses. • The content on the Site is provided for general information only and is not intended to amount to advice on which you should rely on. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on the Site. • Although we make substantial efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that Our Content on the Site is complete, accurate, or up to date.
Link to third party content The Site may contain links to websites or applications portals operated by third parties. We do not have any control or influence over any such third-party websites or applications or the third-party operator. We are not responsible for and do not endorse any third-party websites or applications or their availability/unavailability or content. We accept no responsibility for any third-party advertisement contained within the Site. If you agree to purchase goods and/or services from any third party who advertises in the Site, you do so at your own risk. The advertiser, and not us, will be responsible for such goods and/or services and if you have any questions or complaints in relation to them, you should contact the advertiser.
• We reserve the right and solely at our discretion, to (1) monitor the Site for a breach in any of these Terms and Conditions; (2) take appropriate legal action against anyone in breach of all applicable laws or these Terms and Conditions; (3) delete from the Site or otherwise disable all content and files that are in any way a burden to our systems or excessive in size; and (4) otherwise manage the Site in a specifically to protect our rights and property and to facilitate the proper functioning of the Site and Services. • We do not guarantee that the Site is secure or free from viruses. You are responsible for configuring your device, computer programs and platform to access the Site and we suggest that you use a virus protection software.
Modifications to and availability of the Site
• We reserve the right to change, modify, or completely remove the contents of the Site at any time or for any reason and entirely at our sole discretion without prior notice. We also reserve the right to modify or discontinue all or part of the Services we provide without prior notice. • We cannot guarantee the Site and Services will be available at every moment in time. We may experience hardware or software failure, or other problems or need to perform maintenance related to the Site, which may result in errors, interruptions, delays, or. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or Services during any downtime or discontinuance of the Site or Services. We are not obligated to maintain and support the Site or Services or to supply any corrections, updates, or releases. • There may be information on the Site that contains typographical errors, inaccuracies, or omissions relating to our Services, including descriptions, availability, pricing, and other information. We reserve the right to correct any errors, omissions or inaccuracies and to change or update the information at any time, without prior notice.
Limitation of Liability
• The Site and Services are provided strictly on an as-is and as-available basis. You agree that your use of the Site and/or Services will be at your sole risk except as expressly set out in these Terms and Conditions. All warranties, terms, conditions and undertakings, express or implied in connection with the Site and Services and your use thereof including, without limitation, the implied warranties of satisfactory quality, non-infringement and fitness for a particular purpose and are excluded to the fullest extent permitted by applicable law.
“Fortuna Life” makes no warranties or representations about the accuracy or completeness of the Site’s content and are not liable for any:
• errors or omissions in content; • any unauthorised access to or use of our network, servers and/or any and all personal information and/or financial information stored on our server; • any interruption or cessation of transmission to or from the site or services; and/or • any bugs, trojan horses, viruses or the like which may be transmitted to or through the Site by any third party. We will not be responsible for any delay or failure to comply with our obligations under these Terms and Conditions if such delay or failure is caused by an event beyond our reasonable control. • Our responsibility for loss or damage suffered by you whether you are a consumer or a business user: • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. • If we fail to comply with these Terms and Conditions, we will accept responsibility for loss or damage that you suffer if it is a foreseeable result of our breach of these Terms and Conditions, but we would not be responsible for any loss or damage that were not foreseeable at the time you started using the Site/Services. • Notwithstanding anything to the contrary contained in the Limitation of Liability section, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to a total aggregate amount equal to the greater of (a) the sum of £1000 or (b) the amount paid, if any, by you to us for the purchase of any product on our Site during the three (3) month period prior to any cause of action arising.
If you are a business user: We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: • use of or reliance on any content displayed on our Site; or • use of, or inability to use, our Site/Services. In particular, we will not be liable for: • business interruption; • loss of profits, sales, business, or revenue; • loss of anticipated savings; • any indirect or consequential loss or damage; or • loss of business opportunity, goodwill or reputation.
If you are a consumer user: • Please note that we only provide our Site for private and domestic use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. • If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. • You have legal rights in relation to goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms and Conditions will affect these legal rights.
Term and Termination
• These Terms and Conditions shall remain in full force and be in effect while you use the Site or Services or are otherwise a user of the Site, as applicable. You may terminate your use or participation at any time and for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us at “fortuna-life.com.” • Without limiting any other provision of these Terms and Conditions, we reserve the right to, at our sole discretion and without notice or liability, deny access to and use of the Site and the Services (including blocking certain IP addresses), to any person for any reason including without limitation for breach of any representation, warranty or covenant contained in these Terms and Conditions or of any applicable law or regulation. If we determine, at our sole discretion, that your use of the Site/Services is in breach of these Terms and Conditions or of any applicable law or regulation, we may terminate your use or participation in the Site and the Services or delete your profile and any content or information that you posted at any time, without warning, in our sole discretion. • If we terminate or suspend your account for any reason set out in this Section 9, you are prohibited from creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
• Visiting the Site, and completing online forms and sending us emails, constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.
You hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed by us or via the Site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
• These Terms and Conditions and any policies or operating rules posted by us on the Site or in respect to the Services constitute the entire agreement and understanding between you and us. • Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision. • We may assign any or all of our rights and obligations to others at any time. • We shall not be responsible or liable for any loss, delay, damage or failure to act caused by any cause beyond our reasonable control. • If any provision or part of a provision of these Terms and Conditions is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions. • There is no joint venture, employment, partnership or agency relationship created between you and us as a result of these Terms and Conditions or use of the Site or Services. • For consumers only - Please note that these Terms and Conditions, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction expect that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland. If you have any complaint or wish to raise a dispute under these Terms and Conditions or otherwise in relation to the Site please follow this link http://ec.europa.eu/odr • For business users only - If you are a business user, these Terms and Conditions, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English Law. We both agree to the exclusive jurisdiction of the courts of England and Wales. • A person who is not a party to these Terms and Conditions shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions. • In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us by email at firstname.lastname@example.org or by post to: Fortuna Life 183 Mapleton Road, Hall Green Birmingham B28 9RL”.