The Round Company Ltd
Terms and Conditions regarding the use of The Round Company’s website, theroundcompany.com:-
theroundcompany.com is owned and operated by The Round Company Ltd, a Company registered in England under registration number 09550138 and is identified as the author and originator of artworks on these sites.
These terms and conditions govern your use of the n9design.com website (the "Website") operated by The Round Company Ltd. By using the Website, you acknowledge and signify that you have read, understood, and agreed to be bound by these terms and conditions. If you do not accept and agree to these terms and conditions, you may not use the Website.
Changes to these Terms and Conditions
The Round Company Ltd may, in its discretion, change, supplement or amend these Terms and Conditions as they relate to your future use of the Website from time to time, for any reason, and without any prior notice or liability to you or any other person, by posting the modified Terms and Conditions on the Website. You may not change, supplement, or amend these Terms and Conditions in any manner. Each time you use the Website, you acknowledge and signify that you have read, understood, and agreed to be bound by these Terms and Conditions as they then read.
You will be able to access most areas of these Websites without registering your details with us. Certain areas of these Websites may only open to you if you register.
Permission to use the Websites
The Website may be accessed and used only by individuals who are able to enter into legally binding and enforceable contracts. Users of the Website must comply with all applicable laws. Persons in jurisdictions may not use the Website where access to or use of the Website or any part of them may be illegal or prohibited. If you breach any provision of these Terms and Conditions, you may no longer use the Website. The Round Company Ltd may in its discretion refuse permission to access and use the Website.
The Website is made available to you for your lawful, personal, non-commercial use only. You may access and browse the Website only using commercially available, SSL-capable Web browser software. You may print or download the pages of the Website for your personal, non-commercial use, provided that you do not modify any of the pages or other content and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers. The Website and its content may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, or distributed in any way, in whole or in part, without the express prior written consent of The Round Company Ltd. You may not reproduce, copy, duplicate, sell, or resell any part of the Website or access to the Website.
To be eligible to purchase products on this Website (if available) and to lawfully enter into and form contracts on this Website under English law you must:
be 18 years old or older;
be the holder of a valid debit/credit card; and
You warrant that the personal information which you are required to provide when you register as a customer is true, accurate and current in all respects.
If your personal information changes then please notify us immediately by updating your information through the prompts on the Website.
You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
Your use of this Website and any purchase by you on this Website of any products will be governed by English Law and will be deemed to have occurred in the United Kingdom.
The Website is provided on an "as is" and "as available" basis, and without any representations, warranties or conditions of any kind, whether express or implied, and including without limitation implied conditions, warranties or representations of merchantability, fitness for a particular purpose, performance, durability, security, availability, or accessibility, all of which are hereby disclaimed by The Round Company Ltd to the fullest extent permitted by law. You are solely responsible for: (a) obtaining, configuring and maintaining all computer hardware, software, telephone services, and other equipment and services necessary for you to access and use the Website; (b) scanning for and preventing the receipt and transmission of viruses, trojan horses, worms or other destructive or disruptive components; and (c) maintaining a complete and current backup of all of the data contained on your computer system prior to accessing or using the Website.
The exclusion of certain warranties and the exclusion or limitation of certain liabilities is prohibited by law in some jurisdictions. Such limitations may apply to you. The warranty disclaimer and liability exclusion and limitation clauses survive indefinitely after the termination of this Agreement.
The Website is not intended to be a comprehensive or detailed statement concerning the matters addressed; professional or expert advice or recommendations; or an offer or recommendation to sell or buy any item, product or service. You should seek appropriate, qualified professional advice and recommendations before acting or omitting to act based upon any information provided on or though the Website.
Communications sent to The Round Company Ltd by means of the Website or email are not considered delivered or effective unless and until they are actually received and processed by The Round Company Ltd’s responsible representative.
The Round Company Ltd is not obliged to monitor, screen, police or edit the use of the Website, including postings of materials to the Website, although The Round Company Ltd reserves the right to do so in its discretion. The Round Company Ltd will respond as it considers appropriate, in its discretion, if it becomes aware of any inappropriate uses of the Website, including without limitation uses that constitute copyright infringement. You may report any claims or concerns (including copyright infringement claims) regarding the Website or its content by sending an email to studio @ n9design.com
Ownership and Copyright of the Website
All content included on this site, such as text, graphics, logos, button icons, images, audio clips and software, is the property and copyright of The Round Company Ltd or its content suppliers and protected by U.K. and international copyright laws. All backend content and application designs used by The Round Company are also the property and Copyright of The Round Company Ltd.. The content and software on the Websites may be used as an information and shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content of any part of this site without the permission of The Round Company Ltd is strictly prohibited.
The Website may on occasion include advertisements for, and links to, other websites or resources and businesses operated by other persons, including payment services ("Other Sites"). Other Sites are independent from The Round Company Ltd, and The Round Company Ltd has no responsibility or liability for or control over Other Sites, their business, goods, services, or content. Links to Other Sites are provided solely for your convenience. The Round Company Ltd does not sponsor or endorse any Other Sites or their content or the goods or services available through those Other Sites. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk, and you shall not make any claim against The Round Company Ltd arising out of your use of any Other Sites or your dealings with the owners or operators of any Other Sites.
Linking, Framing, Mirroring, Scraping, Data-Mining or Postings
Links to the Website without the express written permission of The Round Company Ltd are strictly prohibited. To request permission to link to the Website, please contact firstname.lastname@example.org. The framing, mirroring, scraping or data mining of the Website or any of its content in any form and by any method are strictly prohibited. You may not use any collaborative browsing or display technologies in connection with your use of the Website or to post comments, communications, or any other data of any kind to or on the Website with the intention that other users of the Website may view such postings.
Personal Information Privacy
If you send any unsolicited ideas, suggestions or other materials, including ideas for new advertising campaigns, new promotions, new or improved goods, services or technologies, product enhancements, processes, materials, marketing plans, or new product names ("Submissions") to The Round Company Ltd or the Website, you automatically grant (or warrant that the owner of the Submissions grants) to The Round Company Ltd and its assigns a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sub-licensable, right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of The Round Company Ltd or its assigns, and you agree, represent and warrant that all moral rights in the Submissions are waived in favour of The Round Company Ltd and its assigns.
All participants in any events, games, quizzes, contests, or other such activities contained on the Site must be eighteen (18) years of age or older to enter. Any territorial restrictions or other conditions must be complied with.
The Round Company Ltd may cause software to be available for you to download from the Websites or through other websites. The software is protected by copyright. These Terms and Conditions and the software licence agreement specific to the software govern your downloading and use of the software.
These Terms and Conditions and all related matters are governed solely by the laws of England excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws. The United Nations Convention On Contracts For The International Sale Of Goods does not apply.
For all disputes between The Round Company Ltd and You or any other person arising from, connected with or relating to the Websites, these Terms and Conditions, transactions facilitated or conducted through the Websites, items ordered or purchased through the Website, dealings between You and The Round Company Ltd, or any related matters or any legal relationship associated therewith or derived there from ("Disputes"), the relevant parties will attempt to find a reasonable solution least onerous to the parties. If a Dispute cannot be resolved by the parties, then the Dispute will be subject to English law.
If any provision of these Terms and Conditions is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
No consent or waiver by either party to or of any breach by the other party of these Terms and Conditions will be deemed or construed to be a consent to or waiver of a continuing breach or any other breach of these Terms and Conditions by that party. No consent or waiver will be effective unless in writing and signed by both parties. You expressly request and require that these Terms and Conditions be drawn up in the English language. Any rights not expressly granted in these Terms and Conditions are reserved to The Round Company Ltd.
Description of Products and Accuracy of Information
We will take all reasonable care to ensure that all details, descriptions and depictions of products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information including product descriptions, depictions and availability appearing on the Website at a particular time may not always reflect the position exactly at the moment you place an order. In particular, please note that colours as they appear on-screen may not be representative of the colours as they actually appear on products. To the extent permitted by applicable law, we do not warrant that product descriptions, depictions, colours, availability details or other content available on the Website are accurate, complete, reliable, current, or error-free.
We cannot confirm the price or availability of a product until your order is accepted in accordance with our order acceptance policy set out above.
All prices include VAT (where applicable) at the current rates. We reserve the right to express the price exclusive of VAT, but we shall show VAT separately and include it in the total price. Where we charge separately for packing, carriage and insurance and other relevant charges, the appropriate rates are set out in our specified pricing structure shown elsewhere on this Website.
While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period.
Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
The receipt of an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. The Round Company Ltd reserves the right, without prior notification, to limit the order quantity on any item and/or refuse service to any customer. Verification of information may be required prior to the acceptance of any order.
Limitation on Liability
In no event shall The Round Company Ltd or its Website be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential damages, or any damages whatsoever, even if The Round Company Ltd has been previously advised of the possibility of such damages, whether in an action under contract, negligence, or any other theory, arising out of or in connection with the use, inability to use, or performance of the information, services, products, and materials available from this site. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.
We reserve the right to refuse to supply products to any person for any reason whatsoever, to withdraw any products from the Website at any time and/or remove or edit any materials or content (including without limitation any Content) on the Website. We will not be liable to you or any third party by reason of our withdrawing of any products from this Website whether or not such products have been sold; removing or editing content (including without limitation any Content) on the Website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
If you have any questions regarding these Terms and Conditions, please email us info @ theroundcompany.com