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Terms & Conditions

Please Read These Terms and Conditions Carefully Before Using this Site

What's in These Terms?

These terms tell you the rules for using our website www.pixiemedia.co.uk (our site).

Click on the links below to go straight to more information on each area:

Who We Are and How to Contact Us

Pixiemedia.co.uk is a site operated by Atom Trading Limited trading as Pixie Media ("We"). We are registered in England and Wales under company number 07903381 and have our registered office at Pixie Media, Tor View House, Clampitt Road, Ipplepen, TQ12 5RJ. Our VAT number is GB216494600.

We are a limited company.

To contact us, please email info@pixiemedia.co.uk or telephone our customer service line on 0800 069 8300.

By Using Our Site You Accept These Terms

By using our site, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms, you must not use our site.

We recommend that you print a copy of these terms for future reference.

There Are Other Terms That May Apply to You

These terms of use refer to the following additional terms, which also apply to your use of our site:

Our Privacy Policy and our Cookie Policies

If you purchase goods from our site, our Terms and conditions of supply will apply to the sales.

We May Make Changes to These Terms

We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on 21/05/2019.

We May Make Changes to Our Site

We may update and change our site from time to time to reflect changes to our products, our users' needs and our business priorities. We will try to give you reasonable notice of any major changes.

We May Suspend or Withdraw Our Site

Our site is made available free of charge.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

Our Site is Only For Users in the UK.

Our site is directed to people residing in the United Kingdom. We do not represent that content available on or through our site is appropriate for use or available in other locations.

You Must Keep Your Account Details Safe

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at info@pixiemedia.co.uk.

How You May Use Material on Our Site

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any pages from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status and that of any identified contributors as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Do Not Rely on Information on this Site

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

We Are Not Responsible for Websites We Link To

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

Our responsibility for loss or damage suffered by you

Whether you are a consumer or a business user:

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our Terms and Conditions of supply.

If you are a business user:

We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.

We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, our site; or
  • use of or reliance on any content displayed on our site.
  • In particular, we will not be liable for:
  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

If you are a consumer user:

Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. [However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.]

How We May Use Your Personal Information

We will only use your personal information as set out in our Privacy Policy

Rules About Linking to Our Site

You may not link to our home page without our express written approval.

If you wish to link to or make any use of content on our site other than that set out above, please contact info@pixiemedia.co.uk.

Which Country's Laws Apply to Any Disputes?

These terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

Hosting Terms & Conditions

Please read these terms and conditions (“Terms”) carefully before using Our Website as they affect Your rights and liabilities under law. By using this Website or making a purchase either electronically via this Website, or by phone or fax, or in person, You agree to be bound by these Terms including Our Privacy Policy.

WITHOUT LIMITING THE GENERALITY OF THESE TERMS, YOUR ATTENTION IS IN PARTICULAR DRAWN TO CLAUSES 7 AND 14.

1. Definitions and Interpretations

1.1 In these Terms the following words shall mean:

Contact Address - Pixie Media, Tor View House, Clampitt Road, Ipplepen, TQ12 5RJ;

Contract - these Terms and the Order;

Goods - the items or services advertised on the Website purchased by You from Us;

Intellectual Property Rights - all patents, database rights, copyright, design rights, trade marks and other similar rights wherever existing in the world whether registered or unregistered together with the right to apply for protection of the same;

Order - the order for Goods placed by You and accepted by Us subject to these Terms;

Order Form - the order form submitted by You subject to these Terms setting out the Goods You wish to Order;

Us, Our, We - Atom Trading Limited, a company registered in England and Wales with company number 7903381 and having its registered office at, Old Grange, Bridge Street, Ipplepen, Devon, UK trading as Pixie Media;

User – any person who browses the Website;

Website - the website identified by the URL www.pixiemedia.co.uk or such other URL that We may use in connection with the Goods from time to time;

You, Your - the person or organisation using the Website or buying Goods from Us pursuant to these Terms.

1.2 In these Terms references to “in writing” shall include e-mail. Any queries regarding these Terms, the Goods or Your Order must be made to the Contact Address.

2. Application of these Terms

2.1 If you are submitting an Order Form, you agree to be bound by these Terms. If you are a User, Your use of the Website constitutes Your agreement to be bound by these Terms insofar as they are relevant to use of the Website only.

2.2 These Terms (as amended by Us from time to time in accordance with clause 2.3 below) shall apply to the exclusion of any other terms or conditions and You agree to abide by them.

2.3 We reserve the right to vary these Terms at any time. If so, the updated version will be posted on the Website and You will bound by the updated version if You continue to use the Website thereafter.

PART A – USE OF THE WEBSITE

3. Website Content

All rights and title in this Website and its contents is either the property of Atom Trading Limited trading as Pixie Media or We are duly licensed to use it. All rights are reserved. You are permitted to download a single hard copy of Website content and print extracts from the Website for Your own personal and non-commercial use. Unless otherwise stated, the Intellectual Property Rights in all material on this Website (including without limitation photographs and graphical images) are owned by Us. Except as expressly provided nothing contained herein shall be construed as creating any license or right under Intellectual Property Rights.

Atom Trading Limited is the owner of various registered and unregistered trademarks. Under no circumstances should you use, encourage third parties or authorise any third party to use any trademark (whether registered or unregistered) owned by Us without Our consent.

4. Links

This Website may include links to other websites. These websites and the content, products and services available through them are not under Our control and should not be considered to be endorsed or approved by Us. We do not accept any liability in connection with any third party websites that may be accessed through this Website.

You must not create or encourage any third party to create hyperlinks to the Website without Our prior written consent (which We may withhold at our absolute discretion and without providing any reason).

5. Privacy Policy

You have read and agree to the terms of our Privacy Policy.

6. Service access

While We endeavour to ensure that this Website is available 24 hours a day, We shall not be liable if for any reason this Website is unavailable at any time or for any period.

We give no warranties as to the availability, performance or accessibility of the Website. Access to this Website may be suspended temporarily and without notice at Our discretion including without limit in the case of system failure, maintenance or repair or for reasons beyond our control.

7. Disclaimer

7.1 While We endeavour to ensure that the information on this Website is correct, We do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website at any time without notice. The material on this Website may be out of date, and We make no commitment to update such material.

7.2 The material on this Website is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, We provide You with this Website on the basis that We exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website. We do not warrant that this Website, its servers, or emails which may be sent by Us are free from viruses or other harmful components.

7.3 We exclude all liability and responsibility for any amount or kind of loss or damage that may result to You or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in any way or in connection with this Website; the use, inability to use or the results of use of this Website; any websites linked to this Website or the material on such websites; Your downloading of any material from this Website or any websites linked to this Website; or viruses that may infect Your computer equipment, software, data or other property on account of Your access to, use of, or browsing of this Website.

PART B – GOODS

8. Goods Information

8.1 We have made all reasonable efforts to accurately display the features of the packages on our website.

8.2 All hosting pacakages are subject to an activation period of no longer than 1 working day. We may contact You for additional information relating to the setup of your account.

9. The contract between You and Us

9.1 We must receive payment of the whole price for the Goods that You Order before Your Order can be accepted. Please follow directions given on the Website to place an Order. Payment shall be made by You by the means specified on the Website and shall not be deemed to be made until We have received cleared funds in respect of the full amount stated in the Order. Once payment has been received by Us We will confirm that Your Order has been received by sending an e-mail to You at the email address You provide in Your order form.

9.2 You have the right to cancel the Order up to 30 day after activation. If You wish to cancel pursuant to this clause then You must notify Us in writing.

10. Price

10.1 Subject to this clause 10, the price payable for Goods that You Order are as set out in Our Website;

10.3 Prices are subject to change without notice but changes will not affect Orders which We have already accepted.

10.4 Prices are inclusive of VAT.

10.5 The Price is exclusive of any import or export duty.

10.6 Prices stated are for 12 months of continual hosting. You will receive an invoice approximately 1 month before the end of your hosting period should you wish to renew your hosting.

11. Right of Cancellation

11.1 To cancel Your Order You must notify Us in writing before the end of the period set out in clause 11.1.

11.2 All cancellations should be undertaken in accordance with and subject to Our Returns Procedure.

11.3 Once You have notified Us that You are cancelling Your Order, any sum debited to Us from Your credit card will be re-credited to Your account as soon as possible

12. Cancellation by Us

12.1 We reserve the right to cancel the Contract if:

a. we have insufficient stock to deliver the Goods You have ordered; or

b. if one or more of the Goods You ordered was listed with incorrect information including without limit price, and/or description for whatever reason; or

c. if We have reason to believe that You will fail to pay for the Goods or that You will not comply with these Terms.

13. Liability and Limitation

13.1 Subject to clause 14.4, if the Goods We deliver are not what You ordered or are damaged or defective when You receive them or the delivery is of an incorrect quantity, We shall have no liability to You unless You notify Us in writing at our Contact Address of the problem within seven (7) working days starting from the date immediately after the delivery of the Goods in question. Our only obligation will be, at Our option to:

a. make good any shortage or non-delivery or incorrect delivery; or

b. replace or repair any Goods that are damaged or defective; or

c. refund to You the amount paid by You for the Goods in question

provided that the above obligations shall not apply when such damage or defect has arisen as a consequence of any negligence by You or Your failure to comply with any reasonable instructions issued by Us.

13.2 Save as precluded by law, We will not be liable to You for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising. Without prejudice to the foregoing, our total aggregate liability to You under and/or arising in relation to the Contract shall not exceed the amount paid by You for the Goods.

13.3 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase Goods from Our Website. The importation or exportation of certain of our Goods to You may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the Goods You purchase.

13.4 Notwithstanding the above, nothing in these Terms is intended to limit any rights You might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to You for any death or personal injury resulting from Our negligence.

13.5 You acknowledge and accept that save as expressly stated on the Website We give no representation, warranty or statement as to the Goods including without limit their quality and/or suitability.

14. Returns procedure

You acknowledge and agree to be bound by the terms of our Returns Procedure.

15. Events beyond our control

We shall have no liability to You for any failure to deliver Goods You have ordered or any delay in doing so or for any damage or defect to Goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs, terrorism and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.

PART C - GENERAL

16. Notices

Unless otherwise expressly stated in these Terms, all notices from You to Us must be in writing and sent to Our Contact Address.

17. Invalidity

If any part of these Terms is unenforceable (including any provision in which We exclude our liability to You) the enforceability of any other part of these conditions will not be affected.

18. Third party rights

A person who is not a party to this Contract has not got any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any terms of this Contract but this does not affect any right or remedy of a third party that exists or is available apart from that Act.

19. Governing law

This Contract shall be governed by and interpreted in accordance with English law and the English Courts shall have jurisdiction to resolve any disputes between us.

20. Complaints

If You have any concerns or complaints about the Goods, this Website or the service You have received then please write to the Contact Address.

21. Entire Agreement

These Terms, together with our current Website prices, Returns Procedure and Privacy Policy, set out the whole of our agreement relating to Your use of the Website and (if applicable) the supply of the Goods to You by Us. Nothing said by any sales person on our behalf should be understood as a variation of the Terms or as an authorised representation about the nature or quality of any Goods offered for sale by Us. Save for fraud or misrepresentation, We shall have no liability for any such representation being untrue or misleading.

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