MEDIA SOURCING LIMITED
TERMS
AND CONDITIONS
IMPORTANT: THESE TERMS AND CONDITIONS WILL APPLY WHEN YOU PLACE AN ORDER
WITH MEDIA SOURCING LTD. BEFORE PROCEEDING TO PLACE AN ORDER, WE ASK THAT
YOU READ THESE TERMS AND CONDTIONS CAREFULLY. YOU WILL ALSO FIND THAT
THEY CONTAIN SOME USEFUL ADVICE.
If you have any questions concerning these terms please contact our Customer
Service Team.
OWNERSHIP
Copyright © Media Sourcing Ltd, trading as Media Sourcing, CD Sourcing.
Media Sourcing Ltd ('Media Sourcing') is a private limited company registered
in England and 8.Wales under number 05160146. Its registered office is
at 5-6 Vennington, Westbury, Shrewsbury, SY5 9RG. Media Sourcing Ltd is
a privately owned company. The copyright, database rights and other intellectual
property rights ('IPR') in material displayed on or via this website ('Website
Materials' which expression includes text, data, graphics, photographs,
videos, animation, images and audio visual content) is owned privately
and licensed to Media Sourcing Ltd. This IPR is protected by the laws
of England and Wales , international treaties and all other applicable
copyright and intellectual property laws. You agree to respect our IPR
and those of third parties.
RESTRICTIONS
AND CONDITIONS ON USE
1. By seeking to register with Media Sourcing and by placing an order
you represent and warrant to Media Sourcing that at all such times: (A)
you are aged 18 years or over; (B) you are acting as principal and not
on behalf of anyone else; (C) your contract for purchases made through
this website is with Media Sourcing and you undertake that all goods ordered
by you are for your own use only; (D) you agree that e-mail can be used
as a long distance means of communication.
2. It is a crime to use a false name or a known invalid credit card to
order. Anyone caught wilfully entering an erroneous or fictitious order
will be prosecuted in the fullest extent of the law.
3. You represent and warrant to Media Sourcing that all information provided
to Media Sourcing in your registration or in connection with your account
and all personal information provided subsequently to Media Sourcing is
complete, accurate and not misleading and you agree to inform Media Sourcing
immediately if there is any change to such information. This can be done
by emailing us at enquiries@mediasourcing.com
4. You agree not to post or transfer to our website (nor include in any
message) any material which is obscene, misleading, inaccurate, defamatory,
illegal, in breach of any copyright or other intellectual property right,
or damaging to data, software or the performance of our or any other parties'
computer system. You agree to indemnify us in respect of any liabilities,
losses, expenses, or other costs whatsoever incurred as a result of a
breach of your obligations under this condition, including, but not limited
to, any claims made against us by any third party.
5. The Data Protection Act 1998 is designed to protect individuals about
whom information is entered and stored on computer and other systems.
Accordingly, it lays down strict standards of accuracy, relevance and
care of such data including how it may be divulged. Any data about individuals
you enter onto our website directly included in any message to us will
be subject to the Act and you are responsible for its accuracy and relevance
and must have the authority to disclose it and for us to utilise it for
the purposes of any transaction concluded for or by you through this website.
If you are in any doubt about any data please feel free to contact us
with details of the problem first.
6. You may not link this website to any other website. Furthermore, we
do not make any warranties, representations or undertakings about the
content of any other website which may be referred to or accessed by hypertext
link with this website, and we do not endorse or approve the content of
such third party websites.
UPDATES
You acknowledge that these terms are subject to change by Media Sourcing,
which reserves the right to change them at any time. Such changes shall
have effect immediately upon publication on this site and you agree to
be bound by them and to regularly review these terms for the purposes
of monitoring such changes. These terms were last updated on 25th May
2005.
COPYING
1. Save as expressly provided in below, any downloading, use
or copying of Website Materials is strictly prohibited and, in particular,
you agree to use the Website Materials solely for your business or commercial
purpose.
2. The re-use and/or aggregation of any of the Website Materials in the
provision of a commercial service is expressly forbidden
3. The copying and use of third party Website Materials accessed via this
website is governed by the terms of use applicable to the third party
site which you have accessed.
REGISTRATION
1. Following registration we will allocate an account to you and request
a password for security purposes. The password that you choose must be
kept private and secure by you at all times. Failure to do so could lead
to unauthorised activities on your account. Transactions made using your
account number and password are accepted by us on the understanding that
you are placing an Order(s). If an alternative source has accessed your
account and we are not informed, we accept no liability for monies or
information lost.
2. You agree to be solely responsible for all use of this site or any
placing an order through use of your account name and password.
3. We reserve the right to ask for proof of age and evidence to verify
your identity at any time and will be carrying out regular checks of our
members. We reserve the right to conduct checks against any of the details
provided to us and pursue this information through any channels and methods
available to us.
4. We reserve the right to refuse to register you and/or to suspend and/or
terminate your registration and/or account at any time in each case in
our sole and absolute discretion and we shall not be obliged to provide
you with any reasons for so doing. Furthermore, we reserve the right to
refund to you or withhold any payment of monies from or into your account
if there is manipulation of our financial system or suspicion or evidence
thereof or a breach or suspected breach of any applicable law, regulation
or any of these terms, in each case without providing any reason. Use
of any account otherwise than in accordance with these terms or any other
abuse of any account is strictly prohibited.
5. We reserve the right to suspend and/or terminate your registration
and/or account immediately and without consultation, notification or giving
reasons therefore in the event that you cause to be published on, and/or
send via, our site or by placing an Order any actual or potentially defamatory,
offensive or obscene language or material or if you breach, or are suspected
of any breach of, any applicable law or regulation or should we deem it
in the best interests of Media Sourcing to do so. This applies also to
your registration details and to breach by you of our privacy policy.
6. It is your responsibility to ensure that at all times you comply with
all laws and regulations in any jurisdiction where you are located or
resident and that you have complete and unrestricted legal right to use
this service, to register and place orders.
PAYMENT
1. All orders must be prepaid in full prior to commencement unless otherwise
agreed in writing beforehand. It is the normal policy of Media Sourcing
to request funds in advance as this keeps prices as low as possible -
a key aim of the company.
2. Payments may be made by cheque or bank transfer. Otherwise, instant
payments may be made online via credit card. It is intended that this
service will commence on or before 25th June 2005.
3. Charges and proceedings may be brought against you or any other person
who has manipulated, or tried to manipulate, our service, or your or any
other customer's account(s) and we reserve the right to pass on such information
as we deem relevant to the relevant authorities if we become aware or
suspect that you are involved in any such activities. We are not obliged
to inform you of the same, nor to give any reasons for doing so. You agree
to waive any and all rights you may have, at law or otherwise, of whatever
nature and in whatever jurisdiction, in connection with such disclosure.
4. If we become aware, or suspect that a transaction is suspicious and
involves or may involve financial crime or similar activity then we reserve
the right to retain the amount of that transaction and any other transaction
made by you. We shall be under no obligation to provide you with any reasons
for so doing.
5. You must maintain your account in order to place Orders. Uncleared
or returned payments will result in immediate suspension of your order.
You will be liable for any work undertaken up to that point and delivery
dates will be affected.
SECURITY POLICY
Media Sourcing is committed to the security of all personal details entered
onto this site. Our systems are rigorously tested and have been developed
with encryption software and secure socket layer technology. Credit card
transactions are provided securely by SECURE TRADING (www.securetrading.com)
with a view to ensuring the security of all personal information and your
complete peace of mind.
Media Sourcing employees do NOT have access to your full debit/credit
card details.
OUR LIABILITY
1. Save in respect of claims for death or personal injury arising
from Media Sourcing's negligence (a) Media Sourcing's liability to you
for any matter arising out of or in connection with your use of this site
or orders placed over the telephone or by other means will be limited
to the total price of the product or service purchased in respect of any
claim due to you in accordance with these terms; and (b) Media Sourcing
will not be liable for any indirect or consequential loss. All representations,
warranties and terms (express or implied) not set out in these terms are,
to the fullest extent permitted by law, excluded and Media Sourcing shall,
to the fullest extent permitted by law, have no liability to you in respect
of the same. You agree to indemnify Media Sourcing in respect of any liability,
damages, costs or claims which it may suffer arising out of or in connection
with your use of the site or otherwise arising out of or in connection
with our services. Your statutory rights as a consumer (if any) are not
affected by these terms.
2. Media Sourcing does not accept liability for any errors and omission
and reserves the right to change information, specifications and descriptions
of listed goods, products and services.
3. In particular, Media Sourcing shall not be held liable or responsible
for any consequences that occur through your use of our services where
the circumstances that caused such consequences were beyond our reasonable
control, including any loss or damage that has arisen through our site
or our services or their content, including delays or interruptions in
operation or transmission, loss or corruption of data, communication or
lines failure, any person's misuse of our site or any error or omission
in content.
4. In the unlikely event that you receive goods which were not what you
ordered or which are damaged or defective, or are of a different quantity
to that stated on your order form, Media Sourcing shall, at its own option,
make good any shortage or non-delivery, replace or repair any damaged
or defective goods or refund to you the amount you paid for the goods
in question provided that you notify Media Sourcing of the problem in
writing at the address stated in the confirmation e- mail within 10 working
days of delivery of the goods. NOTHING IN THIS CLAUSE EFFECTS YOUR STATUTORY
RIGHTS.
5. Media Sourcing accepts no responsibility and shall not be liable to
you for the content of or use by you of any information or services offered
by third party links or advertising or otherwise posting information via
our site (whether directly or via links to or from other sites or other
electronic mechanisms) nor can Media Sourcing be said to endorse the contents
of such advertisements or information. In particular, we shall have no
liability in respect of material hyper-linked to our web pages which may
be misleading, inaccurate, defamatory, threatening or obscene or otherwise
not in accordance with applicable laws or regulations and the provision
by us of a link to another website does not constitute any authorisation
to access materials held at that location
DELIVERY
1. Media Sourcing will use it's best endeavours to check materials
sent in by you but cannot guarantee to do so immediately. This will depend
on workload. Once artwork, master, payment and any other relevant information
is received and agreed to be correct by both parties, in general most
work will be carried out within 14 working days (not including Saturdays
or Sundays) of sign off on your materials. Media Sourcing gives no fixed
guarantees regarding delivery dates, due to the complexities of the manufacturing
process, and all dates given are for guideline purposes only whether in
writing or otherwise. Media Sourcing shall not be liable for delivery
outside of anticipated delivery dates for any reason whatsoever.
CANCELLATION
AND REFUND POLICY
1. Upon receipt of your materials and payment, Media Sourcing
will begin work as soon as possible. For this reason, work submitted or
goods ordered may not be cancelled or refunded under any circumstances
unless expressly agreed in writing by Media Sourcing. It may be possible
to suspend work at the discretion of Media Sourcing Ltd, but in this case
all work undertaken up to that point must be paid for. Media Sourcing
reserves the right to determine the charge for this and the extent of
the refund, if any.
PRIVACY POLICY
AND DATA PROTECTION CONSENT
1. By agreeing to these terms you agree to the terms of our Data Privacy
Policy and Data Consent. Such policy and consent is incorporated in and
forms part of these terms.
2. Information on what (if any) data is held about you can be obtained
by contacting us as follows -
The Data Protection Officer, Media Sourcing Ltd, 5-6 Vennington, Westbury,
Shrewsbury SY5 9RG
3. In accordance with applicable UK data protection legislation we reserve
the right to charge a fee for providing such information
OVERVIEW
1. These terms constitute to the fullest extent permitted by
law the whole of the agreement between you and Media Sourcing with regard
to the use of this website.
2. Nothing in these terms shall exclude or limit liability for fraud or
fraudulent misrepresentation.
3. If any part of these terms is found by a court of competent jurisdiction
or other competent authority to be invalid, unlawful or unenforceable
then such part will be severed from the remainder of these terms, which
will continue to be valid and enforceable to the fullest extent permitted
by law.
GOVERNING
LAW AND DISPUTES
These terms shall be governed by and construed in accordance
with the laws of England and Wales You irrevocably agree that the courts
of England and Wales shall have exclusive jurisdiction to resolve any
dispute or claim of whatever nature arising out of or relating to this
website, and that the laws of England and Wales shall govern such dispute
or claim. However, we retain the right to bring legal proceedings in any
jurisdiction where we believe that infringement of our intellectual property
rights or breach of these terms is taking place or originating. You are
responsible for compliance with any applicable laws and regulations of
the jurisdiction from which you are accessing this website. We operate
this website from England and make no representation or warranty that
the information contained herein is appropriate or available for use in
other locations outside England and Wales .
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