1. General Terms and Conditions
The legal agreements set out below are between you ("Consumer") and Vumingo.com. Please read the following Terms and Conditions as they affect your use of the Website, any information contained therein and/or shared on our social media pages, and any products and services available from or through Vumingo.com (the "Website"). These Terms and Conditions govern any use of the Website as a guest or registered customer.
1.1.1. "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977.
1.1.2. "General Terms and Conditions" means these Terms and Conditions.
1.1.3. "Specific Terms and Conditions" means the Specific Terms and Conditions tailored to cover any product or service that you may purchase from Vumingo.com through the Website, and which take priority over these General Terms and Conditions to the extent of any conflict between them.
1.1.4. "Web site" "Website" or "Site" means the web site you were browsing when you clicked on a link to these General and Special Terms and Conditions, including all subsidiary pages.
1.1.5. "we", "us", "our" and "ourselves" refers Vumingo.com
1.2. Use of the Website
1.2.1. By accessing www.Vumingo.com and all subsidiary web pages within the site, you agree to these General Terms and Conditions in full. Also we may draw your attention to any additional or specific Terms and Conditions prior to your purchasing any products or services from or via this Website.
1.2.2. All material on the Website and our social media pages is provided for information purposes only and does not constitute legal, accounting or professional advice of any other kind; therefore, it cannot and should not be relied upon as such. If you require any professional advice or services, we recommend you consult a qualified party before acting in reliance on any of the information, or purchasing any of the products or services, available on or from this Website. We bear responsibility for the Website content and accuracy and reliability of the information and content description on his website.
1.2.3. You accept that any comments posted by you on our Website and/or social media pages can be viewed by the public, and that we have no control over, or liability for, the way in which this information is used by any third party who views your comments.
1.3. Links to third-party websites and services
1.3.1. The Website and some of our blog articles may contain links, buttons and banners that redirect you to third-party resources and websites that may be of interest. The inclusion of any link does not mean we endorse the site or have any association with its operators, nor should the inclusion of any link be viewed as an encouragement to purchase or use any third-party products or services - we provide these links to you for information purposes and convenience only.
1.3.2. Linked Websites are not under our control and we are not responsible for the contents of any Linked Website including, without limitation, any link contained in a Linked Website, or any changes or updates to a Linked Website. We do not accept responsibility or liability for the privacy of your personal information on any Linked Website, and we are not responsible for webcasting or any other form of transmission received from any Linked Website.
1.3.3. These General Terms and Conditions do not cover your interaction with Linked Websites; therefore, you should carefully review the Terms and Conditions and privacy policies of any third party sites you visit. Your use of any linked Website is at your own risk.
1.3.4. Certain services made available via the Website are delivered by third parties. By using any product, service or functionality originating from the Website domain, you acknowledge and consent that we may share such information and data with any third party with whom we have a contractual relationship to provide the requested product, service or functionality for the Website’s users and customers.
1.4. Updates and changes to the Website
1.4.1. We bear responsibility for the Website content, accuracy and reliability of the information and content description on the Website, but we cannot guarantee that information will be accurate, complete and current at all times. For this reason we aim to update the Website regularly. We may update this information when necessary, and all information on the Website is subject to such modification from time to time without notice; however, we make no representations, warranties or undertakings of whatever nature about the information, content or materials provided on the Website. This includes, without limitation, the quality, accuracy, completeness and reliability of the information.
1.4.2. We will use reasonable efforts to keep the Website available to you but it is subject to on-going updates and improvements, and we reserve the right to change or remove (temporarily or permanently) the Website, or any part of it, without prior notice. By accepting these Terms and Conditions, you confirm that we shall not be liable to you for any such changes or removals that may take place.
1.4.3. Changes to these General Terms and Conditions and the Specific Terms and Conditions may be made at any time. Your use of the Website and the purchase of products or services are also subject to any such changes. You accept personal responsibility to check if any changes have been made to the General Terms and Conditions or relevant Specific Terms and Conditions every time you visit the Website or purchase products or services from us.
1.5. Exclusion of liability to you from the use of the Website
1.5.1. The Website is provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made, and without warranty of any kind - whether expressed or implied - including, but not limited to, the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
1.5.2. Any and all liability to you that may arise from your access to, and use of, the Website - whether due to negligence, breach of duty or otherwise - is excluded to the maximum extent permitted by law.
1.5.3. No warranty is given that the functionality of the Website will be uninterrupted or error free.
1.5.4. We are not responsible for the content of other Websites that link to or from this Website. Links to other sites are provided simply for your information and do not imply that we approve of those sites or their content.
1.6. Intellectual Property - Copyright and Trade Marks
1.6.1. All text, templates, images, information and layouts - other than those supplied by third parties - are the property of Vumingo.com
1.6.2. You are permitted to view, copy and print extracts from this website for your own personal use; however, all rights, intellectual or otherwise, will remain with Vumingo.com and do not pass to you.
1.6.3. The copyright of all other materials not belonging to Vumingo.com that may feature on this Website - including their design, layout, text, graphics, photographs, and the source code and software - belongs to their respective owners.
1.6.4. Registered and unregistered trade marks, logo designs, registered company names and other such forms of IP are also the property of their respective owners.
1.6.5. You are not permitted to sell or re-sell anything available from the Website, other than to the extent expressly permitted in accordance with any product or service purchased by you from the Website, where such permission is either expressly granted or in a circumstance in which it is a necessary attribute of the product or service concerned.
1.7. Force Majeure
1.7.1. In connection with the supply of any goods or services ordered by you through the Website, we shall not be liable for any delay or failure to perform any of our obligations if the delay or failure results from events or circumstances outside our reasonable control. Such circumstances include – though are not limited to - acts of God, strikes; lock outs; accidents; war; acts of terrorism; fire; or failure of any communications, telecommunications or computer system. We shall be entitled to a reasonable extension of our obligations to you (to the extent we owe any such obligations) should a Force Majeure event occur.
1.7.2. If a Force Majeure event to which this clause applies does occur, we agree to notify you as soon as practicable. If the Force Majeure event continues for more than 14 days, either party shall have the right to cancel the agreement. Where services have been paid for in advance but have not been rendered, you will be entitled to a full refund from the date of cancellation for all such services.
1.8. Creating an account with us
1.8.1. The Website provides a facility that allows you to create and register an account with us in order to get access to purchased product(s) or service(s). If you choose to register with us, you are solely responsible for maintaining the confidentiality and security of your account and for all activities that occur on or through it - under no circumstances should you disclose your account information to anyone else. You agree to immediately notify Vumingo.com of any security breach of your account.
1.8.2. Vumingo.com shall not be responsible for any losses arising out of the unauthorised use of your account, and you agree to indemnify us for any loss or damage we may incur resulting from breach of this clause.
1.9. Your privacy and Data Protection
1.9.1. We respect your confidentiality and take the protection of your personal data very seriously. Therefore we shall not sell or make your data available to any third party without your prior consent.
1.9.2. You may alter or update any personal information provided to us as part of registration on the Website at any time.
1.10.1. If any provision of these General Terms and Conditions is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed, and the validity and enforceability of the remaining provisions shall not be affected.
1.10.2. In the event of there being any conflict between these General Terms and Conditions and the Specific Terms and Conditions that apply specifically to the purchase of certain products or services through this Website, the Specific Terms and Conditions shall prevail.
1.10.3. No person who is not a direct party to any agreement covered by these General Terms and Conditions shall have any right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Agreement.
1.10.4. As a consumer, you have the right to cancel a contract for the provision of products or services at any time before seven working days have passed from the day after the contract was made. Any such cancellations must be provided to us in writing. If we have already started fulfilling our side of the contract before you exercise your right to cancel, the right to cancel is lost.
1.11.1. This clause applies where these General Terms and Conditions or the Specific Terms and Conditions provide expressly or by implication for the service of notices.
1.11.2. Any notice required to be given under our Agreement with you or in connection with the matters contemplated by it shall, except where otherwise specifically provided, be written in the English language.
1.11.3. Any such notice shall be addressed to the usual business address of the other party and may be: Personally delivered; Sent by first class pre-paid post, if the address is situated in the United Kingdom; Sent by pre-paid airmail, or by air courier, if from or to any place outside the United Kingdom; Sent by facsimile; Sent by electronic mail.
1.11.4. In all cases, notices shall be deemed to be given when received.
1.12. Governing law and Jurisdiction 1.12.1. Your use of the Website and the purchase of any products or services from it are governed in accordance with the laws of England and Wales.
1.12.2. The English courts shall have exclusive jurisdiction over any dispute or difference whatsoever arising out of or in connection with your use of the web site or the purchase of any products or services from it.