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Terms of Use
Terms
Every quotation, pro-forma
invoice, price list or other similar document made or issued by Zytch
Ltd. ("the company") is made or issued subject to these General Terms
and Conditions of Sale. These terms and conditions do not affect
consumers' statutory rights as contained in current UK legislation
governing the relationship between consumers and businesses.
Definitions
The Company means Zytch
Ltd. The Customer or you, means the account applicant, publisher,
advertiser or person who buys or agrees to buy services from the
company.
Acceptance of Orders
No order resulting from any
quotation, pro-forma invoice, price list or other similar document made
or issued by the company shall be binding unless and until it is
accepted by the company. The company at its absolute discretion may
accept or reject any order for any reason whatsoever.
Delivery
Whilst every reasonable
effort shall be made to keep to any service delivery date, time of
delivery shall not be of the essence and the company shall not be
liable for any losses, costs, damages or expenses incurred by the
customer or any other person or company arising directly or indirectly
out of any failure to meet any estimated delivery date.
Refunds & Returns
We agree to refund the cost
of any services rendered if the customer is unsatisfied with the
network service providing we are informed in writing no later than 7
days after order confirmation is received.
Service Misuse
If a customer misuses any
of our services in a manner that does not befit reasonable behaviour
(as decided by the company at its sole discretion) then we reserve the
right to terminate any contracts and any services that are associated
with that misuse.
Force Majure
The company will not be
liable for any breach of agreement, for delay or failure to perform if
the delay or failure is due to acts of God, civil commotion, riots,
floods, drought, fire, legislation or other cause beyond the companies
reasonable control. This does not affect your statutory rights. If the
company choose not to enforce a right under this agreement, that
decision will not prevent the enforcement of other rights, or the same
right on a later occasion.
Liability
Under no circumstances shall the company be responsible for any indirect, incidental or consequential damages.
Prohibited Activities
You may not use the Zytch Advertising Network to advertise activities that:
1. violate any law, statute, ordinance or regulation
2. relate to sales of (a)
narcotics, steroids, certain controlled substances or other products
that present a risk to consumer safety, (b) drug paraphernalia, (c)
items that encourage, promote, facilitate or instruct others to engage
in illegal activity, (d) items that promote hate, violence, racial
intolerance, or the financial exploitation of a crime, (e) items that
are considered obscene, (f) items that infringe or violate any
copyright, trademark, right of publicity or privacy or any other
proprietary right under the laws of any jurisdiction, (g) certain
sexually oriented materials or services, or (h) certain firearms,
firearm parts or accessories, ammunition, weapons or knives
3. relate to transactions
that (a) show the personal information of third parties in violation of
applicable law, (b) support pyramid or ponzi schemes, matrix programs,
other "get rich quick" schemes or certain multi-level marketing
programs, (c) are associated with purchases of annuities or lottery
contracts, lay-away systems, off-shore banking or transactions to
finance or refinance debts funded by a credit card, (d) are for the
sale of certain items before the seller has control or possession of
the item, (e) are by payment processors to collect payments on behalf
of merchants, (f), are associated with the sale of traveler's checks or
money orders, or (h) involve currency exchanges or check cashing
businesses
4. violate applicable laws
or industry regulations regarding the sale of (a) tobacco products, or
(b) prescription drugs and devices
5. involve gambling and/or
gaming activities, including, but not limited to casino games, sports
betting, horse or greyhound racing, lottery tickets, certain games of
skill, and other ventures that facilitate gambling unless the operator
has obtained prior approval from Zytch Ltd. and the operator and
customers are located exclusively in jurisdictions where such gambling
activities are permitted by law.
Distance Selling Regulations
The terms and conditions of
sale detailed below are provided for your information, in line with
legislation contained in Consumer Protection (Distance Selling)
Regulations 2000. This legislation covers items bought where there is
no direct contact between the supplier and the consumer. It does not
apply where goods are bought for business use, from showrooms, fairs or
exhibitions.
Your contract is with:
Zytch Ltd,
37 Sheppard Terrace
Sunderland
SR5 3BW
Company Registration No 06337701
Telephone:      +447983556153
If you have any questions
or complaints regarding the company, these can be addressed to the
Customer Services Manager at the above address. The company will
endeavour to acknowledge written complaints within 5 working days. The
time it takes to reach complete resolution of complaints will be
governed by the nature and complexity of the issue but we will
endeavour to ensure that consumers are informed of the progress of
complaints as appropriate.
Distance Selling
regulations allow for a cooling off period of 7 days from receipt of
goods covered under the legislation. Customers may return specified
goods without reason within this period for a refund. This excludes
goods made to the consumer's specifications. It does not apply to goods
intended for everyday consumption. Video recordings or computer
software and hardware unsealed by the consumer are also excluded .
Goods returned have to be complete and in a resalable condition
including original packaging. The cost of returning and appropriately
insuring the goods until satisfactory receipt at the company will be
borne by the customer.
To cancel the contract
under the terms of the Direct Selling legislation with the company the
Customer Services Manager must be contacted in writing at the above
address within 7 days of receipt of the goods. The customer will be
required to return the goods to the company before a refund can be
processed. The Customer Services department will then contact the
customer with a RETURN TO MANUFACTURER number within 5 working days.
This number must be quoted on all returned goods so that the goods can
be properly identified . The company cannot be held responsible for
goods returned without proper identification.
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