Terms & Conditions
Definitions:
- “The Client” the person(s), business(es) or organisation(s) which enter into this agreement for the purposes of obtaining an Interactive Wheel of Life account
- “Pixelbit” Pixelbit Limited whose principal place of business is at 11 Carn View Terrace, Pendeen, Penzance, Cornwall, TR19 7DU.
- “The Web Site” information made available over the Internet at the domain names 'www.wheeloflifeinteractive.com', 'www.interactivewheeloflife.com' and any other domain name which Pixelbit may secure and publicise explicitly for the purposes of accessing the 'Interactive Wheel of Life' service.
- “The Service” The 'Interactive Wheel of Life' service made available at The Web Site.
- “Intellectual Property Rights” (IPR) all copyright and other intellectual property rights, howsoever arising and in whatever media, whether or not registered, including (without limitation) patents, trademarks, service marks, trade names, registered design and any applications for the protection or registration of these rights and all renewals and extensions thereof throughout the world.
Terms and Conditions:
- All object and source code remains the property of Pixelbit. In the event that Pixelbit is declared bankrupt or is no longer able to provide The Service, Pixelbit shall not be required to supply to The Client any part of The Service in order that it may be provided elsewhere.
- Pixelbit shall make reasonable efforts to ensure that The Service works as advertised in client software (eg: web browser) which is publicly available at the date of this agreement, and which properly implements internet standards as specified by the World Wide Web Consortium, which are available for inspection at their web site (www.w3.org).
- Pixelbit reserves the right to refuse any order for subscription, services or goods.
- Charges for The Service shall be paid by The Client to Pixelbit in advance unless any other payment method has been agreed in writing between Pixelbit and The Client.
- Pixelbit reserves the right to vary from time to time all charges without notice. Such variations will be clearly and publicly displayed on The Web Site.
- On payment in full of the price, Pixelbit grants to The Client (and to all subscribers configured as users of The Service by The Client) a non-exclusive, non-transferrable right to use The Service and any associated documentation on any processor owned or controlled by The Client or configured subscriber.
- Payment of all sums due by The Client to Pixelbit shall be made within twenty eight (28) working days of the receipt of a valid invoice from Pixelbit. All payments shall be made in Pounds Sterling.
- Pixelbit shall, on Payment of all sums due by The Client to Pixelbit, endeavour to make available The Service as soon as reasonably possible. Any date indicated by Pixelbit as a date for availability is an estimate only and may be liable to change without prior notification to the Client. Accordingly, Pixelbit will not be responsible for any delay in availability beyond such a date.
- The Customer must notify Pixelbit of any change to their telephone, email or other contact addresses within five (5) working days of the change becoming effective.
- Neither party shall be liable to the other for loss of profits, business or contracts or any other indirect or consequential loss caused in any way by some act or omission committed in connection with this Agreement (whether arising from negligence, breach of contract or otherwise).
- The Client will not divulge their Password to any third party and use all reasonable endeavours to keep the same confidential and inaccessible to third parties.
- Pixelbit excludes all conditions, terms, representations (other than fraudulent or negligent representations) and warranties relating to the software (and any new release) and the documentation, whether imposed by statute or by operation of law or otherwise, that are not expressly stated herein, including without limitation, the implied warranties of satisfactory quality and fitness for a particular purpose.
- The Client is solely responsible for providing suitable textual content within The Service. Pixelbit provides default textual content within The Services as an example only and accepts no responsibility for suitability of the default content.
- The Client may distribute access to The Service only as part of a Life Coaching, Mentoring or similar programme.
- While Pixelbit takes reasonable measures to prevent loss of The Client's data, no responsibility will be accepted for loss of The Client's data including, without limitation, loss caused by The Client to renew their subscription to The Service in a timely manner.
- Either party shall be entitled to terminate this Agreement forthwith at any time by written notice to the other party if:
- the other party commits a breach of any a material term of this Agreement (and if the breach is capable of remedy) fails to remedy the breach within thirty (30) days after receipt of notice in writing to do so; or
- the other party becomes subject to an Administration Order; a Receiver or Administrative Receiver or similar is appointed over, or an Encumbrancer takes possession of any of the other party's property or assets; the other party enters into an arrangement or composition with its Creditors, ceases or threatens to cease to carry on business, becomes insolvent, or ceases to be able to pay its debts as they fall due.
Termination of this Agreement shall not affect the rights of any party which have already accrued and which continue after termination.
- This Agreement (as amended from time to time) contains the entire agreement between the parties relating to the subject matter covered and supersedes any previous agreements, arrangements, undertakings or proposals, written or oral, between the parties in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of this Agreement.
- If any provision hereof is held by any Court or other competent authority to be void or unenforceable in whole or in part, this Agreement shall continue to be valid as to the other provisions hereof and the remainder of the affected provision.
- No delay, neglect or forbearance on the part of either party in enforcing against the other party any term or condition of this Agreement shall either be or be deemed to be a waiver or in any way prejudice any right of that party under the Agreement.
- Any notices required to be given under this Agreement shall be in writing and shall be deemed to have been duly served if hand delivered or sent by email within the United Kingdom by first class registered or recorded delivery post and outside the United Kingdom by registered airmail post correctly addressed to the relevant party's address as specified in this Agreement or at such other address as either party may designate from time to time in accordance with this clause.
- In the event of suspension of The Service due to a technical fault in the network or act of God, Pixelbit will use all reasonable endeavour to resume The Service with minimum delay but will not be responsible for loss suffered by The Client.
- The construction, validity and performance of this Agreement shall be governed by the law of England and The Client hereby submits to the exclusive jurisdiction of the English Courts.