Terms and conditions for the use of this site
Please read these terms and conditions carefully, they contain important information about your rights and obligations. You can print out these terms and conditions by clicking on the print icon on your browser.
1.1 – Please read these terms and conditions carefully before using the website operated by Ninja by Design (“our”, “we” or “us”). In particular, we draw your attention to clause 10 (Liability) and our advert, selling and other such procedures shown on the site. By accessing or using ninjabydesign.com (“our website”) and/or by clicking to indicate you have read and agreed these terms when asked, you agree to be legally bound by these terms and conditions as they may be modified and posted on our website from time to time.
1.2 – Without prejudice to the above, by using or accessing our website, you agree to be legally bound by these terms and conditions of use as they apply to your use of or access to our website.
1.3 – If you do not wish to be bound by these terms and conditions then you may not use our website.
2. Nature of our website
2.1 – Our website is a place where we set out in various ways information relating to our offerings in the realms of web, IT and graphic design services. We work hard to do what we can to ensure the information is accurate and up-to-date, but we do not in any way guarantee it is. Please contact us for all questions regarding pricing.
2.2 – Please note that our website is available only to individuals that can form legally binding contracts under applicable law. The contents of our website are suitable for and thus aimed at users of over 18 years of age, you must be over 18 years to make any agreements with each other. If you do not qualify, please refrain from using this website.
3.1 – If you have any complaints about our site, you should direct them to us via e-mail at firstname.lastname@example.org.
4. Modifications to website
4.1 – We reserve the right to make changes or corrections, alter, suspend or discontinue any aspect of our website or the content or services available through it. Unless explicitly stated to the contrary, any new features including new content shall be subject to these terms and conditions.
4.2 – Please note that although we try to ensure that the content of our website is accurate, it may contain typographical errors or other inaccuracies.
5. Your use of this site
5.1 – You warrant and undertake that you will not use our website for any purpose that is illegal or is prohibited by these terms and conditions. If you breach these terms and conditions then your permission to use this website terminates immediately without the necessity of any notice being given to you.
5.2 – You indemnify us against any and all claims, liabilities, demands, awards, damages, costs or any other matters that arise as a result of any contract that may arise (or is alleged to have arisen) as a result of the use of this site.
6. Applicability of online materials
6.1 – Our website is controlled and operated by us from our offices in England. Where content published on the website is supplied by third parties, you understand that we do not control or endorse that content in any way. All content which is offered by third parties that are not affiliated with or otherwise connected with us, is published in good faith but we do not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of such content (whether published on or offline) and the use of such content. You assume total responsibility and risk for your use of our website and use of all information contained within it.
6.2 – We have used our best endeavours to ensure that our website complies with UK laws. However, we make no representations that the materials on our website are appropriate or available for use in locations outside the UK. Those who visit our website from other locations do so on their own initiative and are responsible for compliance with all applicable laws. If use of our website and/or viewing of it, or use of any material or content on our website or services, or products offered through our website are contrary to or infringe any applicable law in your jurisdiction(s), you are not authorised to view or use our website.
7. Copyright and monitoring
The contents of our website are protected by international copyright laws and other intellectual property rights. The owner of these rights is Ninja by Design, its affiliates or other third party licensors unless otherwise stated or obvious. All product and company names and logos mentioned in our website are the trademarks, service marks or trading names of their respective owners, including us. You may download material from our website for the sole purpose of using our website as an information resource. However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from our website including but not limited to text, graphics, video, messages, code and/or software without our prior written consent, except where expressly invited to do so, for example in order to complete any test or questionnaire.
8. Linked sites and e-mail information
We make no representations whatsoever about any other websites which you may access through our website or which may link to our website. When you access any other website or send an e-mail to a person detailed on our site you accept and agree that we have no control over the content or availability of that website or the nature of the relationship that you may enter into with the e-mail recipient. In addition, a link to any other website does not mean that we endorse or accept any responsibility for the content, or the use of, such a website and we shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource. Any concerns regarding any external link should be directed to its website administrator or webmaster.
9. Availability of our website
We will try to make our website available but cannot guarantee that our website will operate continuously or without interruptions or be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of our website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other Internet connected device.
10.1 – We will do our best to ensure that all materials and information published on our website are accurate, but please note that all content, materials and information on our website are provided on an “as is” basis and you assume total responsibility and risk for your use of our website and use of all information contained within it.
10.2 – We accept no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business (whether direct or indirect) in each case, however caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of our website or its contents we accept no liability for this loss or damage whether due to inaccuracy, error, omission or any other cause and whether on the part of us or our servants, agents or any other person or entity.
10.3 – If we are liable to you for any reason, our liability will be limited to the amount paid by you to us in respect of the provision of the site or limited to the amount of our insurance cover at the relevant time. In agreeing this term we have both considered the easy availability of insurance to you and/or your other main claims against the providers in respect of the subject matter of this site.
10.4 – You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our website and is compatible with our website. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from our website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
10.5 – The limitations and exclusions in this clause do not affect your non-excludable statutory rights and only apply to the extent permitted by applicable law.
11.1 – We may assign, transfer, novate or subcontract any or all of our rights and obligations under these terms and conditions at any time.
11.2 – We may alter these terms and conditions from time to time and post the new version on our website, following which all use of our website will be governed by that version. You must check the terms and conditions on the website regularly.
11.4 – If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.
11.5 – These terms and conditions and your use of our website are governed by English law and you submit to the non-exclusive jurisdiction of the English court.
11.6 – Neither you nor we will be held liable for any failure to perform any obligation to the other due to causes beyond your or our respective reasonable control.
11.7 – Failure or delay by either party enforcing an obligation or exercising a right under these terms and conditions does not constitute a waiver of that obligation or right.
11.8 – These terms and conditions do not confer any rights on any person or party (other than you and/or us) pursuant to the Contracts (Rights of Third Parties) Act 1999.
12.1 – All notices shall be given:
- to us via e-mail at email@example.com;
- Or to you at either the e-mail or postal address you provide.
Notice will be deemed received when an e-mail is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or 3 days after the date of posting if by ordinary postal service.
These terms and conditions replace all other terms and conditions previously applicable to the use of our website.
Legal Disclaimer v1.0 23rd August 2016