Our Terms and Conditions of Service

1 Introduction and Definitions

1.1 These terms and conditions (“Terms”) shall govern the agreement between Woo To Win Dot Com (“us” or “we”) and the individual or organisation applying for the provision of goods or services (“you”).

1.2 Our registered office is at Unit E Sutherland House, Sutherland Road, Walthamstow, London, E17 6BU and this is our correspondence address.

1.3 You can contact us by e-mail on info@wootowin.com telephone +44 (0) 208 527 6225, fax +44 (0) 208 520 4219

1.4 We explain in the headings what each clause covers. These headings are for guidance only and are not intended to be legally binding.

1.5 These conditions take precedence if they are inconsistent with any material on our web site.

1.6 The following have particular meanings in these Conditions:

“Acceptable Use Policy” means our guidelines for acceptable use as determined in these T&C made available at http://www.wootowin.com which may be amended from time to time;

“Data” includes information, documents, text, software, music, sound, photography, messages, and other material of any kind in any form;

“Goods” means the goods described on the web site and which we agree to sell to you;

“Internet” means the global data network comprising interconnected networks to which we are connected and through which we provide services to you;

“Personal Data” means Data about any identifiable living person and has the same definition as in the Data Protection Act 1998;

“Registry” means either Com, Co.Uk, Info, Net or any other domain names registry that we choose to use from time to time;

“Services” means the services described on the web site and which we agree to provide to you;

“Website” means our web presence at www.wootowin.com and other locations we advertise from time to time.

2 Changes to these Conditions

2.1 We reserve the right, on giving prior notice on the Website to alter these conditions at any time;.

2.2 Any renewal of the Services will in any event be subject to the Conditions at the time of such renewal;.

3 Your right to cancel

3.1 This clause applies only if you are a “consumer”, which for the purpose of this clause shall mean any natural person who is acting for purposes that are outside his or her business:

3.2 For the purpose of the Regulations:

3.2.1 The supplier shall be wootowin.com

3.2.2 The address of the supplier shall be the correspondence address as set out in clause 1.2 above

3.2.3 Prices on the Website are updated periodically and cannot be guaranteed for any period of time and every effort is made to ensure prices are correct at the point at which the consumer places an order

3.2.4 Any complaints should be sent in writing to the supplier’s correspondence address

3.3 A consumer will, subject to any exceptions or exclusions set out in the Regulations, be entitled to cancel their registration within seven working days after the day on which the consumer receives the Goods

3.4 In the event of cancellation by the consumer, Goods should be returned to the supplier’s correspondence address. The consumer will be liable for the cost of returning such Goods or the cost of the supplier in recovering such Goods unless the consumer has a right to reject the Goods under a term of these Conditions or under statutory right (including any right under the Unfair Terms in Consumer Contract Regulations).

3.5 The consumer will not be entitled to cancel any contract for the supply of Services once the performance of the Services has begun.

3.6 Please note that we begin to perform certain Services, such as contacting missed opportunities and the supply or renewal of meeting cards as soon as you register or order

4 Security

4.1 You must

4.1.1 Keep your username and password secure

4.1.2 And we may change these at any time for good reason

4.1.3 If requested, the user needs to use their user name and password to give instructions

4.1.4 When such username and password are used, wootowinare thereby authorised to accept those instructions.

4.1.5 Take reasonable steps in respect of matters in your control to minimize any risk of security breaches in connection with the Services;

4.1.6 Notify us of any unauthorised access to your account which you believe may affect the overall security of our systems;

4.1.7 Comply with our security checks;

5 Services

5.1 We will supply the Services with reasonable skill and care

5.2 However, we do not guarantee

5.2.1 That the Services will be uninterrupted, secure or error-free; or

5.2.2 That any Data generated, stored, transmitted or used via or in connection with the Services will be complete, accurate, secure, up to date, received or delivered correctly or at all.

5.3 We do not provide a back-up of your Data or guarantee the integrity of your Data

5.4 We may have to suspend the Services for repair, maintenance or improvement. If so, we will restore them as quickly as is reasonably possible.

6 Your obligations

6.1 You must comply with our reasonable instructions and requests concerning the Services

6.2 You must provide us with up to date contact details, and promptly notify us of any changes.

6.3 You must comply with our Acceptable Use Policy

6.4 You must not under any circumstances allow others to enter into your account using your username and password

There is a risk that the Data generated, stored, transmitted or used via or in connection with the Services may be irretrievably damaged or lost if there is a fault or on suspension or termination. You must frequently back-up all such Data that you wish to save.

7 Restrictions

7.1 You must refrain from transmitting any illegal material or engage in unlawful activities via your use of the Services

7.2 You must refrain from sending menacing, offensive, defamatory, obscene, indecent or abusive messages or telephone calls whilst using the Services

7.3 You must not use or permit the usage of the Services in a manner that is inconsistent with any and all applicable laws and regulations

7.4 You must not make available or upload Data via your use of the Services that contain a virus, worm, Trojan, or other malicious Data or download any disabling or harmful devices

7.5 You must not use the Services to send bulk unsolicited commercial e-mails or telephone calls

7.6 You warrant that your use of the services will not infringe any third party intellectual property or other rights

7.7 You must not embark on any course of action by use of your e-mail, which may cause a disproportionate level of activity (for example causing mail bombs, denial of service attacks)

8 Content of your e-mails

8.1 You bear sole responsibility for all Content. We do not, and are not obliged to, check Content. Our rights to remove and take other steps in relation to messages are with out prejudice

9 Data

9.1 We may access, copy, preserve, disclose, remove, suspend or delete any Data

9.1.1 If we are required to do so by applicable law or competent authority; or

9.1.2 If it is otherwise permitted under these Conditions; or

9.1.3 If such Data is prohibited under these Conditions

10 Personal Data

10.1 We will process your personal Data only in compliance with our privacy policy, which is available at http://www.wootowin.com/privacypolicy

10.2 You consent to such processing, and will continue to do so in the future

11 Risk of Goods

11.1 Risk shall pass on to you on delivery of goods

12 Limitation of liability

12.1 Nothing in these conditions in any way excludes or restricts our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be restricted. Nor does it affect consumers’ statutory rights.

12.2 Our liability in contract, tort (including negligence) or otherwise in connection with these Conditions for any one event or a series of events is limited to the price of the goods

12.3 In no (event including our own negligence), and even if we have been advised of the possibility of such losses, will we be liable for any

12.3.1 Economic loss (including, without limitation, loss of revenue, profit, contract, business or anticipated savings)

12.3.2 Loss of goodwill or reputation;

12.3.3 Special, indirect or consequential loss; or

12.3.4 Damage to or loss of Data.

12.4 We have no liability for goods and services provided by third parties

12.5 To the extent allowed by law, we exclude all conditions, terms, representations and warranties, whether imposed by statute or by law or otherwise, that are not expressly stated in these Conditions including, without limit, the implied warranties of satisfactory quality and fitness for a particular purpose. Consumers’ statutory rights are unaffected.

13 Indemnity

13.1 You will indemnify us against all claims, damages, liabilities, costs (including reasonable legal fees) directly or indirectly related to your registration of or use of your username, the use of the Goods, your use of the Services or breach by you of these conditions.

14 Payment

14.1 You must pay the fees (together with VAT and any applicable taxes) specified on our Website when you order Goods or any services.

14.2 Payment of Goods must be made

14.2.1 Via Pay-Pal by Credit card or Debit card; and

14.2.2 In advance

14.3 Payment for Services must be made

14.3.1 Via Pay-Pal by Credit card or Debit card; and

14.3.2 In advance

14.4 Payment must be made without deduction or set-off

14.5 All fees are non refundable unless otherwise stated

14.6 All fees remain payable where we suspend the Services in accordance with these Conditions

15 Duration and termination

15.1 Either party may terminate this agreement (as regards some or all of the services) at any time for any reason

15.3 We may terminate this agreement (as regards some or all of the services) or suspend some or all of the services immediately on written notice

15.3.1 If you breach any of the terms and conditions set out in these conditions and, in the event that such breach was remedial, have failed to remedy the breach within 14 days of receipt of a written notice requiring such remedial action

15.3.2 If we are required to do so by a competent or regulatory authority

15.4 On termination of this agreement or suspension of Services for any reason

15.4.1 We will immediately stop supplying, and will terminate access to, the relevant Services. This may involve irretrievable damage to or loss of Data generated, stored, transmitted or used via or in connection with the services and/or we may destroy any such Data

15.4.2 Any fees due remain payable and, if already paid, will be non-refundable unless you have cancelled this agreement in accordance with clause 3.1

15.4.3 Your accrued rights and liabilities will be unaffected.

16 Confidentiality

16.1 We both agree not to use for any purpose apart from this agreement or disclose any Confidential Data received from the other party. “confidential Data” means Data identified as, or which clearly is, confidential;

16.2 This clause does not apply to Data which;

16.2.1 Enters the public domain other than through breach of this clause;

16.2.2 Is or becomes independently known to the receiving party free from any confidentiality restriction;

16.2.3 Is required to be disclosed by applicable law or competent authority;

16.2.4 Is reasonably disclosed to employees, suppliers or others for the proper performance of these conditions;

16.2.5 Is reasonably disclosed to professional advisers; or

16.2.6 We are otherwise permitted to disclose in accordance with these Conditions;

17 Notices

17.1 These conditions represent the entire agreement of the parties relating to its subject matter. It supercedes all prior agreements and representations (including fraudulent). We are not bound by, nor should you rely on, any oral representations or representations by any agent or employee of any third party you may use to apply for our Services

17.2 If any part of these Conditions is deemed void for any reason, the offending words shall be deemed deleted and the remainder shall continue in full force

17.4 We shall not be liable for failure to perform or delay in performing any obligation under these Conditions if the failure or delay is caused by any circumstances beyond our reasonable control, including but not limited to failure of any communications, telecommunications or computer system

17.5 No firm, person or Company which is not a part of these Conditions shall have any right under the Contract (Rights of Third Parties) Act 1999 to enforce any provision or these Conditions

17.6 The failure to exercise or delay in exercising a right or remedy under these Conditions shall not constitute a waiver of the right or remedy

17.7 Nothing in these Conditions shall be construed as creating a partnership or joint venture of any kind between us

18 Jurisdiction

18.1 This agreement is governed by English law and is subject to the exclusive jurisdiction of the courts of England and Wales.