STANDARD TERMS AND CONDITIONS FOR THE PROVISION OF SERVICES
PROFESSIONAL POKER VIDEOS LIMITED
These Terms and Conditions, together with any documents referred to herein, set out the terms and conditions on which we supply any of the Services listed on our website www.professionalpokervideos.com (the “Site”) to you. Please read these Terms and Conditions carefully and make sure that you understand them, before using our Site or ordering any Services from our Site. You should understand that by using the Site or ordering any of our Services, you agree to be bound by these Terms and Conditions.
You should print a copy of these Terms and Conditions for future reference.
1.1 In these Terms and Conditions, the following words shall have the following meanings:
(a) “Account” means your personal account on the Site, created by registering with the Site and accessed via your Login Details;
(b) “Commencement Date” means the date the Company starts to provide the Services to you which shall be the date on which the Company receives payment of the Fixed Fee or payment of the first Monthly Charges (as applicable) from you in full and clear funds and acknowledges receipt of same in a Confirmation Email;
(c) “Company” means Professional Poker Videos Limited, being a private limited company registered in Scotland under the Companies Acts (Scottish Company Number SC416452), with registered office at 272 Bath Street, Glasgow, G2 4JR, Scotland, UK, and any reference in these Terms and Conditions to “we”, “us” or “our” shall be a reference to the Company and shall be construed accordingly;
(d) “Confirmation Email” means an email sent to you by the Company to acknowledge receipt of your payment of the Fixed Fee or payment of the first month of Monthly Charges (as applicable) and providing you with the Login Details with which you can access the Services and your Account;
(e) “Content” means any and all content of the Site, including without limitation, all information and materials, in whatever form or media, which can be accessed by purchasing one of the Subscription Packages. The Content which may be accessed by you will vary depending on the Subscription Package purchased;
(f) “Contract” means the contract formed between you and the Company for the provision of the Services;
(g) “Customer” means you and any reference in these Terms and Conditions to “you” or “your” shall be construed accordingly;
(h) “Disclaimer” means the Company’s liability disclaimer in force from time to time which is deemed to form part of these Terms and Conditions and can be accessed via the Site or by clicking on the following link http://professionalpokervideos.com/terms-and-conditions.html.
(h)(i) “Fixed Fee” means the one-off fixed subscription fee payable by you in respect of the Services and the Subscription Package which you have contracted for;
(i)(j) “Intellectual Property Rights” means all patents, trade marks, registered designs (and any applications for any of the foregoing), copyright (including rights in software), semi-conductor topography rights, database right, unregistered design right, rights in and to trade names, business names, domain names, product names and logos, databases, inventions, discoveries, know-how and any other intellectual or industrial property rights in each and every part of the world together with all applications, renewals, revisals and extensions;
(j)(k) “Login Details” means any user identification code, password or other piece of information issued to you by the Company as part of our security procedures to enable you to access the Services and your Account;
(k)(l) “Monthly Charges” means the monthly subscription price payable by you in respect of the Services and the Subscription Package which you have contracted for (as an alternative payment option to paying a Fixed Fee) together with the VAT thereon (if applicable);
(l)(m) “Monthly Payment Date” means the date upon which you are due to pay the relevant Monthly Charges to us, which shall be the same date in each calendar date each month (or as near as possible) as the Commencement Date;
(m)(n) “Party” means a party to the Contract;
(o)(p) “Services” means the services to be provided by the Company to you under these Terms and Conditions, being all lessons, guidance and advice in whatever form or media accessed via the Site relating to how to play and improve your poker game;
(p)(q) “Site” means the website operated by the Company under the domain name www.professionalpokervideos.com;
(q)(r) “Subscription Package” means the subscription package ordered by you. The Company offers different Subscription Packages from time to time and access to Services available on the Site will depend on the Subscription Package selected. For details of our current Subscription Packages and relevant Fixed Fees, Monthly Charges and varying Terms in respect thereof, please refer to http://professionalpokervideos.com/register-now.html;
(r)(s) “Term” means the term of the Contract, (depending on the Subscription Package selected) being 24 monthswhich shall run from the Commencement Date;
(t) “Terms and Conditions” means these Terms and Conditions as updated from time to time; and
(s)(u) “User” means a user of the Site.
1.2 Clause headings are for ease of reference only and shall not affect the construction or interpretation of any clause. Words importing the singular shall include the plural and vice versa and words denoting any gender shall include all genders. References to legislation are to that legislation as amended or re enacted from time to time.
2. APPLICATION OF TERMS AND CONDITIONS
2.1 These Terms and Conditions shall:
2.1.1 apply to the Contract formed between you and the Company in relation to provision of the Services;
2.1.2 apply to the entire Content of the Site and tell you how you may use the Site; and
3. SERVICE AVAILABILITY
3.1 Access to some Content on the Site is restricted to Customers who have been issued with Login Details in order to access such restricted parts of the Site.
3.2 You are responsible for making all arrangements necessary for you to have access to the Site during the term of these Terms and Conditions.
3.3 We reserve the right to withdraw or amend the Content or the Services we provide on the Site without notice. We will not be liable if for any reason the Site is unavailable at any time or for any period and make no representation that access to the Site will be uninterrupted and error free.
3.4 We aim to update the Site regularly, and may change the Content, including these Terms and Conditions or the terms of any document referred to therein, at any time. If the need arises, we may suspend access to the Site, or close it indefinitely. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.
3.5 The material displayed on the Site is provided without any guarantees, conditions or warranties as to its accuracy.
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.2 Orders for Services can be placed on the Site by completion of the appropriate order form. After placing an order to purchase Services via the Site, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to purchase the Services in accordance with these Terms and Conditions. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you a Confirmation Email to the email address provided by you during the registration process (or such other email address as you may notify to us in writing from time to time). The Contract will only be formed when we send you the Confirmation Email. The Confirmation Email will include notification of your Login Details and will enable you to access the Services and your personal Account on the Site.
4.3 The Contract will relate only to those Services which we have confirmed in the Confirmation Email. The Services to be provided by the Company will depend on the Subscription Package ordered by you. We will not be obliged to supply any other Services which may have been part of your order until the order of such Services has been confirmed in a separate Confirmation Email.
5. YOUR OBLIGATIONS
5.1 By placing an order through our Site, you warrant that:
(a) you are legally capable of entering into binding contracts;
(b) you are at least 18 years old; and
(c) you will, in the case of payment by Fixed Fee, pay the Fixed Fee in full and clear funds when placing an order, or in the case of payment by Monthly Charges, pay the relevant Monthly Charges on the Monthly Payment Date for the duration of the Term.
5.2 You shall at all times ensure that:
(a) you co-operate with the Company in all matters relating to the Services and use of the Site;
(b) your Login Details are kept confidential and are not shared with any third party. If you are concerned that a third party may have accessed your Login Details, you must inform us immediately; and
5.3 Failure to comply with any provision of this Clause 5 may result in your Account being cancelled by the Company and your Login Details disabled with immediate effect.
6. OUR OBLIGATIONS
6.1 The Company shall provide the Services to you with effect from the Commencement Date and in accordance with the terms of these Terms and Conditions.
7. PRICES AND SUBSCRIPTIONS
7.1 There are two ways in which you can purchase Services from us: (a) you may choose to pay a Fixed Fee, or (b) you may pay Monthly Charges on each Monthly Payment Date for the duration of the Term, in either case such Fixed Fee/Monthly Charges apply to the Subscription Package selected. If you pay a Fixed Fee, the terms of Clause 7.2 shall apply. Alternatively, if you pay by Monthly Charges, Clauses 7.3 to 7.9 inclusive shall apply.
7.2 In consideration for the Services, you shall pay the Fixed Fee applicable to the Subscription Package and Term selected. If, during the Term of your Contract you wish to upgrade your Subscription Package, please contact email@example.com. Any requests to upgrade a Subscription Package paid by Fixed Fee during the Term shall be considered on a case-by-case basis. We shall have sole discretion in relation to decisions regarding upgrades
7.3 In consideration for the Services you shall, on the relevant Monthly Payment Date, pay the Monthly Charges to us in full, as applicable from time to time for the duration of the Term.
7.4 The amount of the Monthly Charges payable under Clause 7.31 above shall depend on the choice of Subscription Package ordered by you. Details/prices of our Subscription Packages available will be as quoted on the Site from time to time (except in cases of obvious error), and for the avoidance of doubt, are [inclusive/exclusive]exclusive of VAT.
7.5 During the Term, you may, by prior written notice, amend your choice of Subscription Package to another Subscription Package provided by us from time to time subject to the condition that the Monthly Charges applicable to the amended Subscription Package must be equal to or higher than the Monthly Charges applicable to the current Subscription Package. No downgrading of Subscription Packages shall be possible. Any upgrade or amendment of your Subscription Package shall not affect the Term of the Contract. Not all Subscription Packages are capable of being upgraded or amended and you should refer to the appropriate page on our Site for further information relating to available Subscription Packages http://professionalpokervideos.com/register-now.html.
7.6 Where a Subscription Package is capable of being upgraded or amended pursuant to Clause 7.5 above, the following conditions shall apply:
7.6.1 you can only upgrade or amend your Subscription Package during the first half of the relevant Term of your Contract; or
7.6.2 if you are no longer within the first half of the Term of your Contract, the only means or upgrading or amending your Contract shall be to accept a new Contract in respect of the upgraded/amended Subscription Package.
7.7 Our Site contains a number of Subscription Packages and it is always possible that, despite our best efforts, some of the Services listed on our Site may be incorrectly priced. We will normally verify prices as part of our confirmation procedures so that, where a Subscription Package’s correct price is less than our stated price, we will charge the lower amount when billing you in respect thereof. If a Subscription Package’s correct price is higher than the price stated on our Site, we will normally, at our discretion, either contact you for instructions before confirming the order, or reject your order and notify you that we are rejecting it. If the pricing error is obvious and unmistakeable and could have reasonably recognised by you as an error, we do not have to provide the Services to you at the incorrect (lower) price.
7.8 Payment of Monthly Charges shall be made online by either of the following methods:
7.8.1 Paypal www.paypal.com; or
7.8.2 Moneybookers www.moneybookers.com.
7.8.3 You should access the above noted websites and read their respective terms and conditions which shall apply to any order of Services you place via their website(s), in addition to these Terms and Conditions. We shall not be responsible for the availability or operation of any such website(s) and your use of such websites shall be entirely at your own risk.
7.9 If you fail to make payment of the relevant Monthly Charges on the Monthly Payment Date, we shall notify you in accordance with the terms of Clause 17 and your Account shall be temporarily suspended. You will have fourteen days from the date of such notification in which to make payment of any Monthly Charges due to us, failing which, we may choose to terminate the Contract in accordance with Clause 15.
7.10 Any part payment of the relevant Monthly Charges due shall be regarded by us as non-payment and dealt with in accordance with the terms of Clause 7.9.
8. CONSUMER RIGHTS
8.1 If you are contracting as a consumer, you may cancel a Contract at any time within seven working days (“Cooling Off Period”) of receipt of our Confirmation Email, provided that you have not accessed any of the Services. In this case, you will receive a full refund of the price paid for the Services in accordance with our refunds policy (set out in Clause 9 below).
8.2 To cancel a Contract, you must inform us by notice in writing to firstname.lastname@example.org.
8.3 Nothing contained in this Clause 8 shall affect your statutory rights as a consumer.
9. OUR REFUNDS POLICY
9.1 If you cancel your Contract within the Cooling Off Period, we will refund all monies paid by you under deduction of any applicable administrative or other relevant processing fees. We will process the refund due to you as soon as reasonable practicable and, in any event, within 30 days of the date on which you gave us notice of cancellation.
9.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
10.1 If you have any complaints in relation to our Services, you should notify us immediately by email to email@example.com in order that your complaint can be investigated by our Customer Services team.
11. INTELLECTUAL PROPERTY RIGHTS
11.1 We are the owner or the licensee of all Intellectual Property Rights in the Site, and in the Content published on it, unless otherwise stated.
11.2 You may not print off copies, or download extracts, of any pages from the Site without our prior written consent. If such consent is granted, you must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text and you must strictly observe any other conditions or restrictions attached to such consent. Our status (and that of any identified contributors) as the authors of material on our Site must always be acknowledged.
11.3 You must not use any part of the Content on the Site for commercial purposes without obtaining a licence to do so from us or our licensors.
11.5 All other rights which are not specifically granted are reserved.
11.6 This Clause 11 shall survive termination of the Contract, howsoever arising.
12.1 We provide the Site for general information only and on an “as is” basis and we make no representations or warranties of any kind with respect to the Site or any material or content contained on it (including any text, graphics, advertisements, measurements, links or other item). Any materials, guidance notes or other advice or information contained on the Site are statements of their respective authors’ opinions, from personal experience, and are not statements of fact. We therefore disclaim all such liability and responsibility arising from any reliance placed on such material or opinion by any user of the Site, or by anyone who may be informed of any of its content.
12.2 Nothing contained on this Site should be regarded as constituting any form of encouragement, inducement or promotion for users or any other person to participate in gambling activities and any attempt to do so is entirely at your own risk.
13.1 You shall indemnify us against any loss, liability, damage, cost, expense or charge whatsoever incurred by us in connection with any claims that are brought or threatened against us by any person arising from the following:
13.1.1 your use of the Site and the Content;
13.1.2 the use of the Site through your Login Details;
13.1.3 any information provided by you being untrue or inaccurate; and
13.1.4 any breach whatsoever by you of these Terms and Conditions.
14. OUR LIABILITY
14.1 To the fullest extent permitted by law, we and third parties connected to us, hereby expressly exclude:
14.1.1 all liability in respect of the accuracy, completeness, fitness for purpose or legality of the Content or any other information accessed via the Site (and any use of such Content or information by you is entirely at your own risk);
14.1.2 all liability arising from the provision of the Services;
14.1.3 all conditions, warranties and other terms which might otherwise be implied by applicable law;
14.1.4 any liability for any direct, indirect or consequential loss or damage (even if foreseeable, known, foreseen or in contemplation of the parties or otherwise) incurred by any person in connection with the Site, the Services, or in connection with the use, inability to use, or results of the use of the Site, any websites linked to it and any Content posted on it, including:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits or contracts;
(d) loss of use or downtime;
(e) loss of anticipated savings;
(f) loss of opportunity;
(g) loss of, damage to, or corruption of data;
(h) loss of goodwill or reputation; and
(i) wasted management or office time,
whether caused by delict (including negligence), breach of contract or otherwise.
14.2 Nothing in these Terms and Conditions excludes or limits our liability for:
14.2.1 death or personal injury caused by our negligence;
14.2.2 our fraud or fraudulent misrepresentation;
14.2.3 any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
14.3 Save as otherwise provided in this Clause 14, out total liability to you, or any third party, shall in no circumstances exceed an amount representing the total sum of all Monthly Charges/Fixed Fees paid by you (as applicable) under your current Contract only to the date on which the liability is incurred.
15 TERM AND TERMINATION
15.1 This Contract shall commence on the Commencement Date and shall, subject as otherwise provided, continue for the duration of the Term, unless otherwise terminated in accordance with this Clause 15.
15.2 This Contract may be terminated by a Party by written notice with immediate effect if:
15.2.1 the other Party fails to observe or perform any of its material obligations contained in the Contract;
15.2.2 the other Party commits a non-material breach that it fails to remedy within thirty (30) days of being requested to do so by the other Party; or
15.2.3 the other Party is involved in any legal proceedings concerning its insolvency, or ceases trading, or commits an act of bankruptcy or is adjudicated bankrupt or enters into liquidation, whether compulsory or voluntary, other than for the purposes of an amalgamation or reconstruction, or makes an arrangement with its creditors or petitions for an administration order or has a receiver or manager appointed over all or any part of its assets or generally becomes unable to pay its debts within the meaning of Section 123 of the Insolvency Act 1986, or equivalent circumstances occur in any other jurisdiction which it is subject to.
16 CONSEQUENCES OF TERMINATION
16.1 On expiry or termination of the Contract:
16.1.1 your right to receive the Services shall cease automatically;
16.1.2 any consents or licences granted by us to you pursuant to Clause 11 shall cease automatically;
16.1.3 our right to receive payment of the Monthly Charges shall cease automatically; and
16.1.4 notwithstanding the terms of Clause 16.1.3 above, all and any amounts due and that remain outstanding from you under the Contract shall be paid immediately.
16.2 Termination of the Contract, howsoever arising, shall not affect any accrued rights or liabilities of either Party nor shall it affect the coming into force of the continuance in force of any provision of these Terms and Conditions which is, expressly or by implication, intended to come into force or continue in force on or after that termination.
17 WRITTEN COMMUNICATIONS
17.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our Site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
18 FORCE MAJEURE
18.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
18.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
18.2.1 strikes, lock-outs or other industrial action;
18.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
18.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
18.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
18.2.5 impossibility of the use of public or private telecommunications networks;
18.2.6 the acts, decrees, legislation, regulations or restrictions of any government; and
18.2.7 pandemic or epidemic.
18.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
19 DATA PROTECTION
20 UPLOADING MATERIAL TO THE SITE
20.1 We may from time to time provide interactive features on the Site to allow you to upload material to the Site or make contact with other Users of the Site (“Interactive Features”). Such Interactive Features may include, without limitation, forums, chatrooms, blogs and bulletin boards which shall form part of the Site. Whenever you make use of an Interactive Feature, you must comply with the terms of these Terms and Conditions and with all applicable laws from time to time. You warrant that you shall, at all times, strictly comply with the terms of this Clause 20 and you shall indemnify us for any breach of that warranty.
20.2 When posting any material to the Site you shall, at all times, comply with any applicable laws in any country from which such material is posted and you shall not, under any circumstances:
20.2.1 post material which is discriminatory, obscene, offensive, hateful, inflammatory, sexually explicit, illegal or defamatory of any person;
20.2.2 breach the data protection rights or privacy rights of any person;
20.2.3 promote violence or any other illegal activity or otherwise advocate, promote, incite, advocate or assist any unlawful act;
20.2.4 promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
20.2.5 infringe any Intellectual Property Right sof any person;
20.2.6 act in a manner which is threatening or otherwise likely to harass, alarm or upset any other person; or
20.2.7 indicate that the material posted is in any way connected to us, if this is not the case.
20.3 Any material uploaded to the Site from your Account shall be considered non-confidential and non-proprietary and we shall have the right to use, copy, distribute and disclose to third parties any such material for any purpose whatsoever at our discretion. We shall also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded to the Site from your Account constitutes a breach of their Intellectual Property Rights or of their right to privacy.
20.4 We shall not be responsible, or liable to any third party, for the accuracy of any materials posted on the Site by you or by any other User. For the avoidance of doubt, you shall be responsible for all materials posted on the Site from your Account and if you suspect that your Account security may have been breached, you should notify us immediately.
20.5 We shall, at our sole discretion, have the right to remove any material or posting you make on our Site at any time and without warning.
20.6 We reserve the right to terminate your Account at any time for breach of the terms of this Clause 20.
21 VIRUSES, HACKING AND OTHER OFFENCES
21.1 You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack.
21.2 By breaching Clause 210, you may commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.
21.3 We make no guarantees that the Site is free from viruses and strongly recommend that you check for such viruses before down-loading it or its content. We will not be liable for any loss or damage caused by a denial-of-service attack or a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material posted on it, or on any website linked to it.
22 LINKING TO THE SITE
22.1 You may link to our Site’s home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
22.2 You must not establish a link from any wWebsite that is not owned by you.
22.3 The Website must not be framed on any other Website, nor may you create a link to any part of the Website other than the home page. We reserve the right to withdraw linking permission to our Site at any time without prior notice.
23 LINKING FROM OUR SITE
23.1 Where the Site contains links to other websites and resources provided by third parties, these links are provided for your information only and do not imply any endorsement or approval by us of the materials on such websites or contained in such resources. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
24.1 You shall not, and shall not purport to, assign, charge or otherwise transfer the Contract or any rights or obligations under it without our prior written consent, which consent shall not be unreasonably withheld or delayed. Any such consent shall not excuse you from performance of any obligation on your part to be performed.
24.2 We shall be entitled to assign, charge or otherwise transfer the Contract, and any rights or obligations under it without your consent but we shall notify you if we do so.
25.1 All notices given by you to us must be given to Professional Poker Videos Limited at 272 Bath Street, Glasgow, G2 4JR, Scotland, UK or firstname.lastname@example.org unless otherwise provided under these Terms and Conditions. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in Clause 17 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
26 ENTIRE AGREEMENT
26.1 These Terms and Conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of the Contract.
26.2 We each acknowledge that, in entering into a Contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these Terms and Conditions or the documents referred to in them.
26.3 Without prejudice to the other provisions of these Terms and Conditions, each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
26.4 Nothing in this Clause 26 limits or excludes any liability for fraud.
If any court or competent authority decides that any of the provisions of these terms and Conditions or any provisions of a Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
28 INDEPENDENT CONTRACTORS
28.1 We are independent contractors and nothing in the Agreement and no action taken by us pursuant to the Agreement shall constitute, or be deemed to constitute, between you and us any partnership, association, joint venture or other co-operative entity.
29.1 If we fail, at any time during the term of the Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
29.2 A waiver by us of any default will not constitute a waiver of any subsequent default
29.3 No waiver by us of any of these Terms and Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with Cclause 17 above.
30 THIRD PARTY RIGHTS
29.1 A person who is not party to these terms and conditions or a Contract shall not have any rights under or in connection with them.
31.1 We have the right to revise and amend these Terms and Conditions at any time. You are expected to read these Terms and Conditions from time to time to take notice of any changes made as they are binding on you. Continued use of the Site will constitute acceptance of any amendments to these Terms and Conditions.
31.2 In relation to any orders for Services, you will be subject to the policies and these Terms and Conditions in force at the time that you order the Services from us, unless any change to those policies or these Terms and Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms and Conditions before we send you the Confirmation Email (in which case we have the right to assume that you have accepted the change to these Terms and Conditions).
32 GOVERNING LAW
31.1 Use of our Site and the Contracts for the purchase of Services through our Site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by Scots law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of Scotland.
NOTHING ON THIS WEBSITE (THE “SITE”) IS INTENDED TO SUPPORT OR ENCOURAGE GAMBLING IN ANY WAY. THE INFORMATION PROVIDED ON THIS SITE IS INTENDED TO ASSIST USERS TO UNDERSTAND AND PLAY POKER GAMES, BUT DOES NOT ENCOURAGE USERS TO PARTICIPATE IN GAMBLING ACTIVITIES. ANY PARTICIPATION IN GAMBLING ACTIVITIES IS UNDERTAKEN ENTIRELY AT YOUR OWN RISK AND PROFESSIONAL POKER VIDEOS LIMITED SHALL NOT BE HELD RESPONSIBLE FOR ANY LOSSES OR DEBTS YOU MAY INCUR AS A RESULT OF ANY SUCH PARTICIPATION.
Whilst reasonable care is taken to ensure that the information contained on the Site is accurate and as up to date as possible, we cannot guarantee its accuracy or confirm that it is completely up to date.
We provide the Site for general information only and on an “as is” basis and we make no representations or warranties of any kind with respect to the website or any material or content contained on it (including any text, graphics, advertisements, measurements, links or other item). We therefore disclaim all such liability and responsibility arising from any reliance placed on such material or opinion by any user of the Site, or by anyone who may be informed of any of its content. Information provided on the Site is not a statement of fact and should not be regarded as such. Information provided on the Site is a statement of opinion from the author(s) own knowledge and experience.
YOU ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR THE USE TO WHICH YOU PUT THIS SITE AND ITS CONTENTS AND ALL THE RESULTS AND INFORMATION YOU OBTAIN FROM IT AND THAT ALL WARRANTIES, CONDITIONS, UNDERTAKINGS, REPRESENTATIONS AND TERMS WHETHER EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.
Save in respect of liability for death or personal injury arising out of negligence or for fraudulent misrepresentation, we and all contributors to this Site hereby disclaim to the fullest extent permitted by law all liability for any loss or damage including any consequential or indirect loss or damage incurred by you, whether arising in delict, contract or otherwise, and arising out of or in relation to or in connection with your access to or use of or inability to use this Site.
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