Terms & Conditions

TERMS AND CONDITIONS   Last modified on May 10, 2016   Welcome to FRP Systems! We are a company organized and doing business in United Kingdom (hereafter “Company”, “we”, “our”, or “us”). We offer the products specified below, our website, and other products and services (collectively, the “Service”) according to these terms and conditions (the “Terms” or “Terms and Conditions”) below, and our separate Privacy Policy (the “Privacy Policy”), both of which are accessible via our website, to you, the Customer.   These Terms govern your access to and use of our Service and any information, text or other materials and data uploaded, downloaded or appearing on the Service (collectively, the “Content”).   By using our Service, you agree to these to these Terms and Conditions. Please read them carefully. If you do not agree to the Terms, you must not use the Service.   We reserve the right to modify these Terms without notice. Your continued use of the Service constitutes acceptance of these Terms. Questions about these Terms may be sent to support@easyfencefix.co.uk   1. Access to Service.
     
  1. We do not knowingly collect or solicit personal information from any person under the age of 18 or knowingly allow such persons to register for the Services. No person under the age of 18 will register for the Services or send any personal information to us. If we learn we have collected personal information from any person under the age of 18 without verification of parental consent, we will delete such information as quickly as reasonably possible. If you believe that we might have any information from or about any child under 18, you may inform us by email at the following address: support@easyfencefix.co.uk
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  3. You represent and warrant to us that:
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  5. You are a natural person, acting either as an individual or as an authorized agent of a business entity, and are of competent age to form a binding contract, or have parental permission to do so, and are at least 18 years of age or older;
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  7. all registration information you submit is accurate and truthful to your best knowledge;
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  9. you will maintain the accuracy of such information; and
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  11. you are legally permitted to use and access the Service and take full responsibility for the selection and use of and access to the Service.
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  13. We may prohibit any user from using the Service in our sole discretion for any reason, and will not be liable for any damage or loss resulting from such prohibition.
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  15. These Terms are void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.
2. Basic Terms of Use.  
  1. You are responsible for using the Services. You should only provide Content that you are comfortable sharing under these Terms.
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  3. You may use the Services only upon the formation of a valid contract with us, provided you are not barred from receiving services under the laws of the United Kingdom or other applicable jurisdictions. If you are accepting these Terms and using the Services on behalf of a company, organization, government or legal entity, you represent and warrant that such company, organization, government or legal entity has authorized you to do so. You may use the Service only in compliance with these Terms and all applicable laws, rules and regulations.
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  5. The form and nature of the Services that we provide may change from time to time without prior notice. We may stop (either permanently or temporarily) providing the Service (or any features within the Services) to you and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion without prior notice to you.
  3. Product
     
  1. We offer the “Easy Fence Fix” product to you and to other consumers (the “Product”). The Product is described as a fence post bracing solution that functions by wedging the provided brace between a given fence post and its concrete bases, and then using the supplied screws to secure such brace to the fence post. The Product is designed to be applied and implanted by you after being supplied to you by us upon request and payment, using our online e-commerce portal.
  4. Payment and Billing.  
  1. In consideration for proving you the Product, you will be required to pay us in advance using our online e-commerce portal. At such portal, we will accept payment viaall major credit cards: Visa®, MasterCard®, American Express®, Discover®, Diner’s Club, JCB processed by “authorize.net” or via “Paypal” fund transfer. We will in no case be responsible for performance until payment is rendered by you according to this Section 4.
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  3. By ordering the Product and providing a means of providing payment, you authorize us to charge you a fee for such Service at the then current rate.
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  5. Payments are refundable, provided that you comply with our Shipping and Return Policy. We may also decide, in our sole discretion, but need not, grant payment refunds from time to time if we deem necessary or advisable.
  5. Privacy.
     
  1. Any information you provide to us is subject to the Privacy Policy, which governs any collection and use of information by us. You understand that through your use of the Service, you consent to the collection and use (as set forth in the Privacy Policy) of this information. As part of providing you the Services, we may provide you with certain communications.
  6. Acceptable Use.   You may not:
     
  1. Use the Services to aid in the purposes of any harassment or abuse;
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  3. Use the Services in to aid in the dissemination of any defamatory or libelous material;
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  5. Use the Services to circumvent any law in any jurisdiction;
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  7. Use the Services to transmit, disseminate or otherwise violate any information belonging to us or any third party that is either confidential or otherwise protected;
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  9. Use the Service to make or attempt to make commitments through the Internet on behalf of the Company;
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  11. Use the Service in furtherance of download, upload or transfer of copyrights digital material such as music media files, as well as film and video files without approval from the copyright owners; or
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  13. Use the Services in any way to infringe any copyright, database rights, trademarks or other intellectual property.
  7. Content On The Services
     
  1. You are hereby granted a limited, nonexclusive, non-assignable license to access and use the Service. This license is freely revocable at any time. This license is subject to these Terms.
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  3. You acknowledge that we have no control over, and no duty to take any action regarding the following: (i)which users gain access to the Services; (ii) what Content you access via the Service; (iii)what effects the Content may have on you; (iv)how you may interpret or use the Content; or (v)what actions you may take as a result of having been exposed to the Content. You hereby release us from all liability for Content acquired or not acquired by the you through the Services.
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  5. All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We are not the source of, do not verify or endorse and takes no responsibility for the content of communications made using the Service. By using the Service, you agree that any Content you submit may be transmitted to the recipient of such communication.
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  7. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You acknowledge that in using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
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  9. We have the right, but not the obligation, to remove Content that it determines in its sole discretion to be unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable, that violates any third party’s intellectual property, or that is detrimental to the quality or intended spirit of the Service. We also have the right, but not the obligation, to limit or revoke the use privileges of anyone who posts such Content.
  8. User Submission  
  1. You agree that any feedback, suggestions, ideas, or other information or materials regarding Company or the Services or Product that you provide, whether by email or otherwise, are non-confidential and will become the sole property of Company. We will be entitled to any unrestricted use and dissemination of such feedback for any purpose, commercial or otherwise, without your acknowledgment or compensation. You waive any rights that you may have to the feedback, to include copyrights or moral rights.
  9. Restrictions
     
  1. Except as specifically granted in these Terms or in other agreements, we retain all right, title, and interest in the Services and Product. These Terms do not transfer ownership rights of any description in the Services to you or to any third party. You will not modify, reverse engineer, or decompile any component software of the Service, or create derivative works thereof.
  10. Copyright Ownership and Data Security  
  1. We own intellectual property rights to any protectable part of the Service or Product, including but not limited to the design, artwork, images, code, icons, photographs, functionality, and documentation (“Our Content”). You may not copy, reproduce, republish, frame, download, transmit, display, modify, license, sublicense, loan, lease, reverse engineer, or exploit, in whole or in part, any part of the Service that we own.
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  3. Our agent for notice of claims of copyright or other intellectual property infringement can be reached as follows: support@easyfencefix.co.uk
  11. Warranties
     
  1. We hereby warrant to you that we are the owner of the Services and Product and either the owner or leases of component software of the Services, and have the right to grant to you the use of the Services in the manner and for the purposes set forth in these Terms without violating the rights of any third party;
  12. Remedies for Breach of Warranty.  
  1. In the event of any breach of the warranties set forth in Section 14 of these Terms, we will promptly repair or replace defective software or re-perform the non-conforming services, as applicable, such that the non-conforming software or service conforms with the requirements of these Terms. If we are unable to repair, replace, or re-perform the software or service, as applicable, within sixty (60) days of notification of a defect, you may terminate your obligations under these Terms and we will refund any fees paid by you pursuant to any agreement to pay such fees.
  13. Indemnification
     
  1. By agreeing to these Terms, you agree to indemnify, defend, and hold harmless FRP Systems, our directors, officers, managing members, shareholders, employees, affiliates, licensors, and suppliers from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to (a) use of the Service; (b) any Content you post, upload, use, distribute, store, or otherwise transmit through the Service; (c) violating these Terms; or (d) violating the rights of another.
  14. User Services Available “AS-IS”
     
  1. Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
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  3. We make no warranty and disclaims all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from access to or use of the Services or any Content; (iii) the deletion of, or failing to store or to transmit, any Content and other communication maintained by the Services; or (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from us or through the Services will create any warranty no expressly made herein.
  15. International Users  
  1. The Service is hosted in the United States. If you are accessing the Service from the European Union, Asia or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States law, be advised that through continued use of the Service, which is governed by United States law, you are transferring your personal information through the United States and you consent to such transfer.
  16. Other Websites and Services  
  1. We are not responsible for the practices employed by any websites or services linked to or from our Service, including the information or content contained within them. Please remember that when you use a link to go from our Service to another website or service, our Privacy Policy does not apply to those third-party websites or services. Your browsing and interaction on any third-party website or service, including those that have a link on our website, are subject to that third party’s own rules and policies. In addition, you agree that we are not responsible and do not have control over any third-parties that you authorize to access Content. If you are a third-party website or service and allow third parties to access their account, you do so at your own risk.
  17. Export Controls.  
  1. The Software, the Documentation, and all underlying information or technology may not be exported or re-exported into any country to which the U.S. has embargoed goods, or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. You will not export the Software or Documentation or any underlying information or technology to any facility in violation of these or other applicable laws and regulations. You represent and warrant that it is not a national or resident of, or located in or under the control of, any country subject to such export controls.
  18. Miscellaneous
     
  1. Our failure to enforce or exercise any right provided in these Terms will not be construed as a waiver of such right.
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  3. Should any provision of these Terms be found invalid or unenforceable, the remaining Terms will remain in effect.
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  5. Any dispute between you and Company will be governed by these Terms and the laws of the United Kingdom, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction.
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  7. These Terms constitute the entire agreement between you and Company, and supersede any and all previous agreements between you and Company, with regard to the subject matter covered.
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  9. We may modify these Terms as necessary to reflect updates to the Service, or changes in the law. We will post any such modifications to these terms on this page. If you do not agree with or accept such changes, you should discontinue use of the Service.
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  11. These Terms create an agreement between you and Company. Such Terms create no third-party beneficiary rights.
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  13. Our waiver of any remedy for a breach of these Terms will not constitute such waiver in the future.
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