Terms & Conditions
TERMS AND CONDITIONS
1. Introduction
Welcome to Problem Solving Company Ltd. (“Company”,
“we”, “our”, “us”)!
These Terms of Service (“Terms”, “Terms of
Service”) govern your use of our website located at scaleyoursales.co.uk
and janicebgordon.com (together or individually “Service”) operated
by Problem Solving Company Ltd.
Our Privacy Policy also governs your use of our
Service and explains how we collect, safeguard, and disclose information that
results from your use of our web pages.
Your agreement with us includes these Terms and our
Privacy Policy (“Agreements”). You acknowledge that you have read and
understood the Agreements and agree to be bound by them.
If you do not agree with (or cannot comply with)
Agreements, then you may not use the Service, but please let us know by
emailing hello@scaleyoursales.co.uk
so we can try to find a solution. These Terms apply to all visitors, users and
others who wish to access or use Service.
2. Communications
By using our Service, you agree to subscribe to
newsletters, marketing or promotional materials and other information we may
send. However, you may opt out of receiving any, or all, of these
communications from us by following the unsubscribe link or by emailing
info@theproblem-solver.com.
3. Purchases
If you wish to purchase any product or Service made
available through Service (“Purchase”), you may be asked to supply certain
information relevant to your Purchase, including but not limited to your credit
or debit card number, the expiration date of your card, your billing address,
and your shipping information.
You represent and warrant that: (i) you have the
legal right to use any card(s) or other payment method(s) in connection with
any Purchase; and that (ii) the information you supply to us is true, correct,
and complete.
We may employ the use of third-party services for
the purpose of facilitating payment and the completion of Purchases. By
submitting your information, you grant us the right to provide the information
to these third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order
at any time for reasons including but not limited to product or service
availability, errors in the description or price of the product or Service,
error in your order or other reasons.
We reserve the right to refuse or cancel your order
if fraud or an unauthorised or illegal transaction is suspected.
4. Contests, Sweepstakes and Promotions
Any contests, sweepstakes, or other promotions
(collectively, “Promotions”) made available through Service may be governed by
rules that are separate from these Terms of Service. If you participate in any
Promotions, please review the applicable rules as well as our Privacy Policy.
If the rules for a Promotion conflict with these Terms of Service, Promotion
rules will apply.
5. Refunds
We issue refunds for Contracts within 14
days of the original Purchase of the Contract.
6. Content
Our Service allows you to post, link, store, share
and otherwise make available certain information, text, graphics, videos, or
other material (“Content”). You are responsible for the Content that you post
on or through Service, including its legality, reliability, and
appropriateness.
By posting Content on or through Service, You
represent and warrant that: (i) Content is yours (you own it) and/or you have
the right to use it and the right to grant us the rights and license as
provided in these Terms, and (ii) that the posting of your Content on or
through Service does not violate the privacy rights, publicity rights,
copyrights, contract rights or any other rights of any person or entity. We
reserve the right to terminate the account of anyone found to be infringing on
a copyright.
You retain all of your rights to any Content you
submit, post or display on or through Service, and you are responsible for
protecting those rights. We take no responsibility and assume no liability for
Content you or any third-party posts on or through Service. However, by posting
Content using Service, you grant us the right and license to use, modify,
publicly perform, publicly display, reproduce, and distribute such Content on
and through Service. You agree that this license includes the right for us to
make your Content available to other users of Service, who may also use your
Content subject to these Terms.
Problem Solving Company Ltd. has the right but not
the obligation to monitor and edit all Content provided by users.
In addition, Content found on or through this
Service is the property of Problem Solving Company Ltd. or used with
permission. You may not distribute, modify, transmit, reuse, download, repost,
copy, or use said Content, whether in whole or in part, for commercial purposes
or for personal gain, without express advance written permission from us.
7. Prohibited Uses
You may use Service only for lawful purposes and in
accordance with Terms. You agree not to use Service:
0.1. In any way that violates any applicable
national or international law or regulation.
0.2. For the purpose of exploiting, harming, or
attempting to exploit or harm minors in any way by exposing them to
inappropriate Content or otherwise.
0.3. To transmit, or procure the sending of, any
advertising or promotional material, including any “junk mail”, “chain letter,”
“spam,” or any other similar solicitation.
0.4. To impersonate or attempt to impersonate
Company, a Company employee, another user, or any other person or entity.
0.5. In any way that infringes upon the rights of
others, or in any way is illegal, threatening, fraudulent, or harmful, or in
connection with any unlawful, illegal, fraudulent, or harmful purpose or
activity.
0.6. To engage in any other conduct that restricts
or inhibits anyone’s use or enjoyment of Service, or which, as determined by
us, may harm or offend Company or users of Service or expose them to liability.
Additionally, you agree not to:
0.1. Use Service in any manner that could disable,
overburden, damage, or impair Service or interfere with any other party’s use
of Service, including their ability to engage in real-time activities through
Service.
0.2. Use any robot, spider, or other automatic
devices, process, or means to access Service for any purpose, including
monitoring or copying any of the material on Service.
0.3. Use any manual process to monitor or copy any
of the material on Service or for any other unauthorised purpose without our
prior written consent.
0.4. Use any device, software, or routine that
interferes with the proper working of the Service.
0.5. Introduce any viruses, trojan horses, worms,
logic bombs, or other material which is malicious or technologically harmful.
0.6. Attempt to gain unauthorised access to,
interfere with, damage, or disrupt any parts of Service, the server on which
Service is stored, or any server, computer, or database connected to Service.
0.7. Attack Service via a denial-of-service attack
or a distributed denial-of-service attack.
0.8. Take any action that may damage or falsify the
Company rating.
0.9. Otherwise, attempt to interfere with the
proper working of Service.
8. Analytics
We may use third-party Service Providers to monitor
and analyse the use of our Service.
9. No Use By Minors
Service is intended only for access and use by
individuals at least eighteen (18) years old. By accessing or using Service,
you warrant and represent that you are at least eighteen (18) years of age and
with the full authority, right, and capacity to enter into this agreement and
abide by all of the terms and conditions of the Terms. If you are not at least
eighteen (18) years old, you are prohibited from both access and usage of the
Service.
10. Intellectual Property
Service and its original Content (excluding Content
provided by users), features and functionality are and will remain the
exclusive property of Problem Solving Company Ltd. and its licensors. Service
is protected by copyright, trademark, and other laws of foreign countries. Our
trademarks may not be used in connection with any product or Service without
the prior written consent of Problem Solving Company Ltd.
11. Copyright Policy
We respect the intellectual property rights of
others. It is our policy to respond to any claim that Content posted on Service
infringes on the copyright or other intellectual property rights
(“Infringement”) of any person or entity.
If you are a copyright owner or authorised on
behalf of one, and you believe that the copyrighted work has been copied in a
way that constitutes copyright infringement, please submit your claim via email
to info@theproblem-solver.com, with the subject line: “Copyright Infringement” and
include in your claim a detailed description of the alleged infringement as
detailed below, under Directive
2000/31/EC
12. Error Reporting and Feedback
You may provide us either directly at
info@theproblem-solver.com or via third-party sites and tools with information
and Feedback concerning errors, suggestions for improvements, ideas, problems,
complaints, and other matters related to our Service (“Feedback”). You
acknowledge and agree that: (i) you shall not retain, acquire or assert any
intellectual property right or other rights, title or interest in or to the
Feedback; (ii) Company may have developed ideas similar to the Feedback; (iii)
Feedback does not contain confidential information or proprietary information
from you or any third party, and (iv) Company is not under any obligation of
confidentiality with respect to the Feedback. In the event the transfer of the
ownership to the Feedback is not possible due to applicable mandatory laws, you
grant Company and its affiliates an exclusive, transferable, irrevocable,
free-of-charge, sub-licensable, unlimited, and perpetual right to use
(including copy, modify, create derivative works, publish, distribute, and
commercialise) Feedback in any manner and for any purpose.
14. Links To Other Web Sites
Our Service may contain links to third-party
websites or services that are not owned or controlled by Problem Solving
Company Ltd.
Problem Solving Company Ltd. has no control over
and assumes no responsibility for the Content, privacy policies, or practices
of any third-party websites or services. We do not warrant the offerings of any
of these entities/individuals or their websites.
YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY SHALL
NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS
CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH THE USE OF OR RELIANCE
ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD
PARTY WEB SITES OR SERVICES.
WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE
AND PRIVACY POLICIES OF ANY THIRD-PARTY WEBSITES OR SERVICES THAT YOU VISIT.
15. Disclaimer Of Warranty
THESE SERVICES ARE PROVIDED BY THE COMPANY ON AN
“AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR
SERVICES OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU
EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY
SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.
NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH THE
COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS,
SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES.
WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH THE
COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY
SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE,
ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES
OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE
SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT
LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR
A PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH
CAN NOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
16. Limitation Of Liability
EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND
OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT,
PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES
(INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND
ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR
ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR
OTHER TORTIOUS ACTION OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT,
INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE,
ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY, RULES, OR
REGULATIONS, EVEN IF THE COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY
OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE
PART OF THE COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS
AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR
PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR
EXCLUSION MAY NOT APPLY TO YOU.
17. Termination
We may terminate or suspend your account and bar
access to Service immediately, without prior notice or liability, under our
sole discretion, for any reason whatsoever and without limitation, including
but not limited to a breach of Terms.
If you wish to terminate your account, you may
simply discontinue using the Service.
All provisions of Terms which by their nature
should survive termination shall survive termination, including, without
limitation, ownership provisions, warranty disclaimers, indemnity, and
limitations of liability.
18. Governing Law
These Terms shall be governed and construed in
accordance with the laws of the United Kingdom, which governing law applies to
the agreement without regard to its conflict of law provisions.
Our failure to enforce any right or provision of
these Terms will not be considered a waiver of those rights. If any provision
of these Terms is held to be invalid or unenforceable by a court, the remaining
provisions of these Terms will remain in effect. These Terms constitute the
entire agreement between us regarding our Service and supersede and replace any
prior agreements we might have had between us regarding Service.
19. Changes To Service
We reserve the right to withdraw or amend our
Service and any service or material we provide via Service, in our sole
discretion, without notice. We will not be liable if, for any reason, all or
any part of the Service is unavailable at any time or for any period. From time
to time, we may restrict access to some parts of the Service, or the entire
Service, to users, including registered users.
20. Amendments To Terms
We may amend Terms at any time by posting the
amended terms on this Site. It is your responsibility to review these Terms
periodically.
Your continued use of the Platform following the
posting of revised Terms means that you accept and agree to the changes. You
are expected to check this page frequently, so you are aware of any changes, as
they are binding on you.
By continuing to access or use our Service after
any revisions become effective, you agree to be bound by the revised terms. If
you do not agree to the new terms, you are no longer authorised to use Service.
21. Waiver And Severability
No waiver by Company of any term or condition set
forth in Terms shall be deemed a further or continuing waiver of such term or
condition or a waiver of any other term or condition, and any failure of
Company to assert a right or provision under Terms shall not constitute a
waiver of such right or provision.
If any provision of Terms is held by a court or
other tribunal of competent jurisdiction to be invalid, illegal or
unenforceable for any reason, such provision shall be eliminated or limited to
the minimum extent such that the remaining provisions of Terms will continue in
full force and effect.
22. Acknowledgement
BY USING SERVICE OR OTHER SERVICES PROVIDED BY US,
YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND
BY THEM.
23. Contact Us
Please send your Feedback, comments, and requests
for technical support by email: hello@scaleyoursales.co.uk
Company number 08075069
registered in England, UK. Registered office is 85 Great Portland Street London
W1W 7LT
Please click here for our Privacy Notice for data protection compliance and our website