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Terms & Conditions

Please read these terms of use carefully before using this site.

By using this site, you agree to be legally bound by these terms of use, which shall take immediate effect on your first use of openbaypro.com and related domains. If you do not agree to these terms of use, please do not use the site. Ecommerce HQ Limited may change these terms at any time, so please review them regularly as you will be legally bound through continued use of this site.

Operator

This site is owned and operated by Ecommerce HQ Ltd, whose address is Suite 28, 30-38 Dock Street, LEEDS, LS10 1JF. Great Britain.

Use of openbaypro.com

No material from openbaypro.com or any Web site owned, operated, licensed or controlled by Ecommerce HQ may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of Ecommerce HQ’s copyright and other proprietary rights. For purposes of this Agreement, the use of any such material on any other Web site or networked computer environment is prohibited. All trademarks, service marks and trade names are proprietary to Ecommerce HQ Limited.

Submissions to openbaypro.com

By submitting any contribution to openbaypro.com (including any text, photographs, graphics, video or audio) you are granting Ecommerce HQ a perpetual royalty free non-exclusive license to reproduce, modify, translate, make available, distribute and sub-license the contribution in whole or in part and in any form. By submitting any materials or suggestions to Ecommerce HQ you agree that Ecommerce HQ may use those materials or suggestions for any purpose and in any way it chooses, including, but not limited to, developing, manufacturing and marketing products using such materials or suggestions. Any materials you provide shall be regarded as non-confidential. If you do not wish to grant Welford Media the rights set out above, please do not submit contributions to openbaypro.com

Code of conduct

You agree that you are responsible for everything that you transmit to the Site and you agree not to:

(i) Post content or participate in any form of discussion which is unlawful, harassing, libellous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented, racially offensive or which otherwise includes objectionable material;

(ii) Post content which you do not have the right to use or transmit to the Site any material containing software viruses or files designed to damage or disrupt the good working order of any computer or telecommunications equipment; or

(iii) Impersonate any other person or entity whilst using the Site. We will be entitled at our discretion to remove anything which is transmitted to, from or via the Site or posted on the Site which, in our opinion, is objectionable or does not comply with these terms and conditions in any way. We will not be liable for doing this. We may bar your access to this Site if you breach these provisions.

Privacy Policy

To access certain areas of the site, you will be required to register. The information that you provide about yourself to Ecommerce HQ will only be used by Ecommerce HQ in accordance with its Privacy Policy Statement. This includes using your information for the effective administration of the Site and to communicate with you. The Privacy Policy Statement does not apply to Third Party Sites. By subscribing to this Site you consent to our use of data collected on this Site in the manner set out in the Privacy Policy. Ecommerce HQ may use cookies on its site. See our Privacy Policy for further details.

Warranties and Liability

The Content has been included in good faith and is only for your general information and is for recreational use. In particular, the Content does not constitute any form of advice, recommendation or arrangement by Ecommerce HQ and is not intended to be relied upon by users in making (or refraining from making) any specific decisions. All conditions, warranties terms and undertakings express or implied statutory or otherwise in respect of the provision of the Content are excluded to the fullest extent permitted by law.

The Content may contain inaccuracies or typographical errors. Ecommerce HQ makes no representations about the reliability, availability, timeliness and accuracy of the Content. Ecommerce HQ does not warrant that the Site will be free of viruses or other harmful components. The Site contains links to other World Wide Web sites ("Third Party Sites"). Ecommerce HQ neither endorses nor takes responsibility for the availability or content of Third Party Sites and will not be a party to, or in any way responsible for, any transaction concerning goods or services available from such Third Party Sites. If you decide to use these links to access Third Party Sites you do so at your own risk.

Save as expressly provided for in these terms Ecommerce HQ shall not be liable for any direct, indirect or consequential loss or damage (including, without limit, loss of property or profit, business revenue or opportunity or anticipated savings and loss of or damage to any data) or for any costs, claims or demands of any nature whatsoever arising directly or indirectly out of the use of or access to the Content or any part thereof or in respect of any defect therein or any failure to provide or the late delivery of the same howsoever arising. Ecommerce HQ does not exclude its liability for death and personal injury caused by its negligence.

Advertising and Sponsorship

The Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the site complies with international and national law. Ecommerce HQ will not be responsible for any error or inaccuracy in advertising material.

Termination

This agreement is effective until terminated by either party. You may terminate this agreement at any time by destroying all materials obtained from any and all Ecommerce HQ site(s) and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise. This agreement will terminate immediately without notice from Ecommerce HQ if in the Ecommerce HQ’s sole discretion you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from this site and any and all other Ecommerce HQ site(s) and all copies thereof, whether made under the terms of this agreement or otherwise.

Warranties and Liability

The Content has been included in good faith and is only for your general information and is for recreational use. In particular, the Content does not constitute any form of advice, recommendation or arrangement by Ecommerce HQ and is not intended to be relied upon by users in making (or refraining from making) any specific decisions. All conditions, warranties terms and undertakings express or implied statutory or otherwise in respect of the provision of the Content are excluded to the fullest extent permitted by law.

The Content may contain inaccuracies or typographical errors. Ecommerce HQ makes no representations about the reliability, availability, timeliness and accuracy of the Content. Ecommerce HQ does not warrant that the Site will be free of viruses or other harmful components.

The Site contains links to other World Wide Web sites ("Third Party Sites"). Ecommerce HQ neither endorses nor takes responsibility for the availability or content of Third Party Sites and will not be a party to, or in any way responsible for, any transaction concerning goods or services available from such Third Party Sites. If you decide to use these links to access Third Party Sites you do so at your own risk.

Save as expressly provided for in these terms Ecommerce HQ shall not be liable for any direct, indirect or consequential loss or damage (including, without limit, loss of property or profit, business revenue or opportunity or anticipated savings and loss of or damage to any data) or for any costs, claims or demands of any nature whatsoever arising directly or indirectly out of the use of or access to the Content or any part thereof or in respect of any defect therein or any failure to provide or the late delivery of the same howsoever arising.Ecommerce HQ does not exclude its liability for death and personal injury caused by its negligence.

Choice of Law and Jurisdiction

These Terms shall be governed by, and construed in accordance with, English law. The parties irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these terms or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the English courts. For the exclusive benefit of Ecommerce HQ, Ecommerce HQ shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence.

General

If any provision of these terms is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these terms, which shall remain in full force and effect. Failure by either party to exercise any right or remedy under these terms does not constitute a waiver of that right or remedy. Headings in these terms are for convenience only and will have no legal meaning or effect.

Ownership of distributed software

Any software which is available for download through this or related domains operated by Ecommerce HQ Limited remains the property of Ecommerce HQ Limited. By purchasing software you are permitted to install and use it on a single installed instance of OpenCart, you must purchase additional licences if you are installing on multiple domains, subdomains or sub directories that are publicly accessable. This excludes multi-stores (relating to OpenCart) but does not include multiple installations sharing the same database.

Work that is commissioned for development by Ecommerce HQ Limited will remain the property of Ecommerce HQ. At no point will ownership of the source code be transferred to the commissioner, and as such no rights will be given for the provided source to be re-sold without prior written & signed agreement. Ecommerce HQ will prosecute anyone found in beach of this condition.

 

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