|
TERMS & CONDITIONS
1. OWNERSHIP
TMIWorld.com is owned and operated by TMI A/S
("TMI").
TMI's principal place of business is:
Volundsvej 4
DK – 3400 Hillerod
Denmark
2. CONDITIONS OF USE
2.1 Use of the Services
and Web Site
The web site TMIWorld.com (the "Web Site")
and the goods and services on it are offered
to you for your personal and non-commercial
use only. Commercial use of this Web Site is strictly prohibited.
You agree to comply with all applicable laws, statutes and regulations
in connection with the use of the Web Site and goods (the "Goods")
or services (the "Services") obtained via the Web Site
or other web sites owned and operated by TMI, including, but not
limited to TimeManager.com. The Goods and Services are together referred
to as the "Supplies".
By using the Web Site, you unconditionally agree to be bound by
these terms and conditions.
2.2 Restrictions on Use
As a condition of your use of this Web Site and
the Services you agree that you will not:
(a) reverse engineer or decompile (whether in whole or in part)
any software available through the Web Site (save to the extent
expressly
permitted by applicable law);
(b) remove, change or obscure any product identification or notices
of proprietary rights or any restriction on or in the Supplies
and/or the Web Site;
(c) remove any copyright, trade mark or other intellectual property
right notices contained in material on the Web Site or Supplies;
(d) make copies, modify, reproduce, republish, post, transmit,
distribute or alter (including the creation of HTML links to
or from the Web
Site) all or any part of the Web Site or any materials contained
on it.
2.3 Unlawful or Improper Use
You must not use the Web Site or the Supplies
for any unlawful purposes. In particular, you
must not:
(a) publish, post, upload, distribute, disseminate or otherwise
transmit, information or pictures that are obscene or pornographic,
threatening,
menacing, racist, offensive, defamatory, libelous, or are alleged
to be, or are in the opinion of TMI, otherwise unlawful;
(b) upload files that contain software or other materials in
breach of any intellectual property rights or in breach of confidence;
(c) download any file of materials posted by another user that
you know, or reasonably should know cannot be copied or otherwise
used
legally;
(d) harass, stalk, threaten or otherwise infringe the rights
of others;
(e) hack into any web site, deliver viruses or forward chain
letters, surveys, contests, pyramid schemes or engage in any
other behaviour
likely to inhibit any other user from using and enjoying the
Web Site or the Services or that is otherwise likely to damage
or destroy
the reputation of the Web Site or TMI;
(f) advertise or offer to sell goods or services;
2.4 Monitoring
and disclosure
TMI accepts no obligation to (but may in its discretion) monitor
the use of the Web Site and/or the Services by you. TMI reserves
the right to disclose any information or material which may
be provided by you if required by law or regulations and to
remove,
refuse to
post or to edit any such information or material and to take
such other action as may be reasonably necessary to prevent
any breach
of these terms and conditions.
3. USERNAMES AND PASSWORDS
Following any registration by you, TMI will deliver
your user name and password to you. Delivery
may be by any reasonable
means (including
electronic or postal delivery).
You must keep your user name and password confidential at all
times. Any breach of these terms and conditions by anyone to
whom you disclose
your password will be treated as if the breach had been committed
by you, and will not relieve you of your obligations under
these terms and conditions.
You must take appropriate security measures to prevent unauthorised
disclosure of your user name and password and you must notify
TMI immediately if your password becomes known to any unauthorised
user.
You must notify TMI of any changes to your registration details.
4. INTELLECTUAL PROPERTY RIGHTS
This Web Site (including the software used to
operate it) and the trade marks and any information
or material used in connection
with
the Web Site and the Supplies are owned by TMI and/or its licensors.
You are not granted any right or interest in these except as
stated in these terms and conditions.
5. OPERATION OF THE SERVICES
AND WEB SITE
TMI may at its sole discretion from time to
time without notice change the format and content
of this Web Site and/or the Services
and suspend
the operation of the Web Site and/or the Services, for example,
for repair or maintenance work, or in order to update or upgrade
the
contents or functionality of the Web Site and/or the Services.
You are responsible for obtaining and updating your own web
browser, and for all amounts payable in respect of connection
to the internet
including any telecommunications charges for time spent online
in respect of use of the Web Site.
You will comply with all directions and instructions given
by TMI in relation to the use of and access to the Web Site
and
the Services.
TMI does not accept responsibility for the security or content
of any information which you may supply through the Web Site
or the
Services and will not be liable for the content of any communications
or messages received by you from other users.
6. DISCLAIMER
AND LIMITATIONS OF LIAIBILITY
TMI does not exclude or limit liability for death or personal
injury resulting from its negligence or any other liability
which may not,
by applicable law, be excluded or limited.
Subject to the paragraph above in this clause 6, in no event
shall TMI, its directors, employees or other representatives
be liable
(whether for breach of contract, negligence or for any other
reason) for any loss of profits, loss of sales, loss of revenue,
loss of
any software or data, loss of bargain, loss of opportunity,
loss of use of computer equipment, software or data, loss
of or waste
of management or other staff time, or for any indirect, consequential
or special loss (howsoever arising).
Subject to the two paragraphs above in this clause 6, TMI's
liability to you whether in contract, tort or howsoever arising
is limited
to the amount paid by you to TMI in respect of the relevant
Supplies.
You shall indemnify and keep indemnified TMI against any
loss or damage arising from your unauthorised use of the
Web Site
or your
disclosure of any password or username and from all actions,
proceedings, claims, demands, costs (including legal costs),
awards and damages
howsoever arising, directly or indirectly as a result of
any breach or non-performance by you of any of your obligations
under these
terms and conditions.
TMI supplies this Web Site and the Supplies "as is" and,
to the fullest extent permitted by law, makes no representations
or warranties (express or implied) of any kind, including but
not limited to, the accuracy, quality, suitability, fitness for
purpose
or completeness of any information or materials made available
on this Web Site or the Supplies, or any third party web sites
linked
from this Web Site. TMI shall not be liable for any action taken
by you as a result of your relying on any information provided
in this Web Site or the Supplies or third party web sites or
for any
loss or damage suffered by you as a result of you taking such
action or as a result of you purchasing any Supplies from a third
party.
TMI does not accept responsibility for the security or content
of any information which you may supply through this Web
Site or the
Services and will not be liable for the content of any communications
or messages received by you from other users including any
content posted by other users in chat rooms.
You are solely responsible for your use of this Web Site,
Supplies, any username, password and any information made
available on
this Web Site from time to time and for any consequences
or effects (whether
direct or indirect) of such use.
TMI does not warrant that this Web Site or the Supplies will
be uninterrupted or error or defect free and shall not be
responsible for the non-performance
or interruption of this Web Site or the Services or for any
viruses transmitted through this Web Site or the Services.
Any links from this Web Site to third party web sites do
not constitute an endorsement by TMI of any products or services
available on such
web sites and TMI does not necessarily support or approve
of
them. You use such links entirely at your own risk and TMI
accepts no responsibility
for the content or use of such web sites or information contained
in them.
7. BUYING GOODS AND SERVICES ON THIS WEB SITE
7.1 Contracting party
You may be able to purchase Supplies via this
Web Site either direct from TMI or from third
parties. You must ensure that,
if you do intend
to make any purchases, you know the identity of the company
with which you will be contracting. Any contract you
conclude with
third parties will be on their terms and conditions and
TMI will accept
no liability whatsoever in respect of such contracts.
Third party terms and conditions should be
available in the checkout
or other
appropriate section of the relevant TMI or third party
web site. The following paragraphs of this
clause 7 contain terms
and conditions
relating solely to any sale or provision of Supplies
direct to you by TMI, not by any third party.
7.2 Prices
The prices of all Goods are clearly marked
in their description where applicable, and
only available to registered users
in a locale known
to TMI, and are inclusive of VAT and duty (if applicable).
All delivery charges are also displayed on this Web
Site or at the
TimeManager.com
web site.
7.3 Conclusion of Contract of Sale
Any Supplies and prices of Supplies displayed
on this Web Site constitute an invitation
to treat. Once you
go the
checkout section of this
Web Site and click to purchase any Supplies, this
constitutes an offer made by you to TMI.
Acceptance of your offer
only occurs once
you receive notification from TMI of acceptance of
your order via e-mail, through the Web Site (or through
the
web site
TimeManager.com),
verbally or in writing and delivered via mail.
7.4
Period of Offer
Prices of any Supplies may be changed by
TMI at any time before the conclusion of
an agreement to sell
i.e. once
you receive
notification
from TMI of acceptance of your order.
7.5 Payment
Payment is to be made either by credit or debit
card and all credit and debit card information
will be
encrypted for security.
Alternatively
it will, in certain geographic locations, be
able to raise
a purchase order (confirmation of order to be
sent by fax to TMI
where applicable)
and payment can then be made on account, COD,
or by credit or debit card.
7.6 Delivery
Delivery of any Goods will be by courier or
post depending on the size and nature of
the Goods
to be supplied.
The Goods will
normally
be delivered within 30 days of the placement
of the order. If delivery is delayed beyond
30 days,
we
will notify
you that this
is the case
and you will have an option to cancel your
order if the delay is unacceptable. Delivery
of any
Services are subject
to
separate and
specific terms of which independent notification
will
be given directly to the customer.
7.7 Cancellation
You may cancel your order at any time before
delivery, without affecting the continuance
of this agreement
between TMI and
you in relation
to use of this Web Site. If any money has
been collected from your credit or debit
card, this
will be refunded.
Notification of cancellation
must be either in writing and sent to the
address stated above
or emailed to Denmark@tmiworld.com. Once
the Goods have been delivered,
you may still return them to TMI within 7
working days of delivery for a full refund,
provided
the Goods are
in good
condition.
Where Services have been ordered, cancellation
needs to be in accordance
with the specific terms and conditions issued
and contract signed for the purchase of these
Services.
8. TERMINATION
TMI reserves the right to terminate this
agreement and your access to this Web Site
and the Services
at any
time and
without notice,
for any reason whatsoever. TMI also reserves
the right to bar anyone from using this
Web Site and
the Services.
On termination, you will immediately stop
using any username and password and the
Services and will return
any such
username and password
to TMI within 5 days of such termination
and
destroy (so that they cannot be retrieved)
all records
or copies you
may hold
of the username
and password and any information about
or obtained from this Web Site and the
Services.
TMI will
within 5 days
of such
termination bar the username and password
of such a user who has been barred
or who has had his or her agreement terminated.
9. CONTACT
You may contact TMI about any problems
or questions with this Web Site at Denmark@tmiworld.com.
10. GENERAL
These terms and conditions shall be governed
by and interpreted in accordance with
the laws of
Denmark
and you consent
to the exclusive
jurisdiction of the Danish Courts in
all disputes arising out of or relating
to
the use of this
Web Site or the
provision of Supplies
by TMI. This Web Site is operated and
controlled by TMI from its offices in
the Denmark.
TMI makes no representation
that
information
or material contained at its Web Site
is appropriate for use
in other jurisdictions. Users who access
the Web Site from other jurisdictions
do so at their own initiative and are
responsible for compliance with any local
laws in the
locale from which
they access
the Web Site.
You agree that Rivals Digital Media may
sub-contract the performance of any of
its obligations
or may assign these
terms and conditions
or any of its rights or obligations under
them without notice. Rivals Digital Media
may delay
enforcing
its rights under
these terms and
conditions without losing them. If any
provision of these terms and conditions
is found to
be unenforceable this
shall not
affect the
validity of any other provision. Rivals
Digital Media may amend, vary or supplement
these
terms and conditions
at
any time.
Rivals Digital Media will post a notice
of any such amendments on this
Web Site and such amended terms and conditions
will automatically be
effective. These terms and conditions
(as varied from
time to time) form the entire agreement
of the parties and supersede
all previous
agreements, understandings and representations
relating to their
subject matter.
[ BACK TO TOP ]
|
