PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER AND RETAIN A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE.
1. Formation of the Contract
(a) These terms of sale apply to all services provided by Annie-Mail Limited trading as TalkinToons under company number 3852652 whose principal place of business is at TalkinToons 196 Tulse Hill London SW2 3BU (‘we/us’).
(b) No contract exists between you and us for the sale of any of our services (‘Services’) until we have received and accepted your order and sent you confirmation by writing or email to the address or email address you have given. Once we do so, there is a binding legal contract between us.
(c) By accepting these Terms you are consenting to the immediate provision of the Services by us to you. Accordingly, you will have no right to cancel the provision of the Services under the Consumer Protection (Distance Selling) Regulations 2000.
2. Description and price of the Services
(a) The description and price of the Services you order will be as shown on our website at the time you place your order.
(b) Every effort will be made to ensure that prices shown on our website are accurate at the time you place your order. If an error is found, we will inform you as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling your order. If you cancel, we will refund or recredit you for any sum that has been paid by you or debited from your credit card for the Services.
(c) The price of the Services is inclusive of VAT.
3. Your Responsibilities
(a) When posting messages through our Services you agree to abide by the following:
(i) only to use the Services for lawful purposes;
(ii) you accept full responsibility for any message you place through the Services;
(iii) you agree that the content of any message you post will not contain any defamatory, offensive, threatening, abusive, racist, vulgar, obscene, profane, indecent, hateful or any otherwise objectionable material or post any comment that is intended to annoy, harass or intimidate another person or post a message that will constitute a criminal offence or give rise to a civil liability;
(iv) you will not use the Services to solicit other members to become users of competitive online services, or to advertise or offer to sell any goods or services, or promote any surveys, contests or chain letters for any commercial purpose;
(v) you agree not to post or make available any material which is protected by copyrights, trade marks, or other proprietary rights when using the Services without the express permission of the owner of the copyrights, trademarks, or other proprietary rights and you will be solely liable for any damages resulting from any infringement of any such copyrights, proprietary rights, or any other harm resulting from any uploading, posting, or submission through the use of the Services;
(vi) you agree not to upload files to when using the Services that contain viruses, corrupt files, or other similar software or programs that may damage the operation of another person's computers, software, websites, or network and you will be solely responsible for any damages from any claims that may arise because you posted files that caused damage to the operation of another person's computer, software, websites, or network.
4. Payment
Payment for the Services can be made by any method shown on our website at the time you place your order. We will take all reasonable precautions to keep the details of your order and payment secure, but unless we are negligent, we will not be liable for unauthorised access to information supplied by you.
5. Delivery
The Services you ordered will be delivered to the e-mail address you gave when you placed your order.
6. Intellectual Property Rights
(a) All intellectual property rights, including copyright and trade marks, in any works provided through the Services or otherwise specifically at the request and expense of you shall belong exclusively to us and we grant to you a non-exclusive, royalty-free, non-transferable licence to use such works solely for the purposes described on our website at the time you place your order.
(b) Except as expressly authorised by us or relevant third parties, you agree not to copy, download, adapt, alter, modify, rent, lease, loan, sell, distribute or create derivative works of any content of any works provided through the Services, in whole or in part.
7. Limitation of Liability
(a) You acknowledge that we do not endorse and are not responsible for the accuracy or reliability of any opinion, advice or statement made through the use of the Services and such communications shall not be considered reviewed, screened, or approved by us.
(b) We do not warrant the content, accuracy or veracity of any posting made when using the Services. You acknowledge that the individual person posting the communication is responsible for the posting.
(c) Otherwise, so far as permitted by law, and except in respect of death or personal injury arising from negligence, we exclude any liability for loss or damage of any kind resulting from the use of the Services.
8. Sanctions
(a) We reserve the right to deny, at our sole discretion, your access to the Services without reason or notice.
(b) We also reserve the right to suspend your use of the Services where you break these terms or the law.
(c) We reserve the right to refer any matter to a law enforcement agency or court of competent jurisdiction, where, in our reasonable opinion, we consider a matter is of a criminal or illegal nature.
9. General Information
(a) These Terms of Sale constitute the entire agreement between you and us.
(b) Any failure by us to exercise or enforce any right or provision of these Terms of Sale shall not constitute a waiver of such right or provision.
(c) We reserve the right to vary these Terms of Sale without notice to you in relation to future sales.
(d) You can correct any information about you, or ask for information about you to be deleted, by giving written notice to our Customer Services at the address or email address shown below.
(e) These Terms of Sale and the relationship between you and us shall be governed by the laws of England and the English courts shall have non-exclusive jurisdiction over any dispute.
Annie-Mail Limited trading as TalkinToons
196 Tulse Hill
London SW2 3BU