Last Updated 07 March 2020
1. Agreement to Terms
1.1 These Terms and Conditions constitute a lawfully binding contract made between you, whether personally or on behalf of an entity (you), and Pumpkin Lemonade, situated at Delaware, United States (we, us), concerning your access to and use of the Pumpkin Lemonade (pumpkinlemonade.com) website as well as any related applications (the Site).
You agree that by accessing the Site and/or Services, you have read, comprehended, and agree to be bound by all of these Terms and Conditions.
If you do not agree with all of these Terms and Conditions, then you are prohibited from utilizing the Site and Services and you need to cease usage right away. We suggest that you print a copy of these Terms and Conditions for future referral.
1.2 The extra policies set out in Section 1.7 below, as well as any extra conditions or files that may be published on the Site from time to time, are specifically integrated by reference.
1.3 We may make changes to these Terms and Conditions at any time. The upgraded version of these Terms and Conditions will be suggested by an upgraded "Revised" date and the upgraded version will be effective as quickly as it is accessible. You are accountable for examining these Terms and Conditions to stay notified of updates. Your continued use of the Site represents that you have actually accepted such changes.
1.4 We may upgrade or alter the Site from time to time to show modifications to our items, our users' needs and/or our company top priorities.
1.5 Our site is directed to people living in United Kingdom. The information supplied on the Site is not intended for distribution to or utilize by anyone or entity in any jurisdiction or country where such distribution or use would be contrary to law or policy or which would subject us to any registration requirement within such jurisdiction or country.
1.6 The Site is meant for users who are at least 18 years old. If you are under the age of 18, you are not allowed to register for the Site or utilize the Services without parental consent.
1.7 Additional policies which likewise apply to your use of the Site include: ● Certain parts of this Site can be used only on payment of a cost.
2.1 You may not access or use the Site for any function besides that for which we make the site and our services available. The Site may not be utilized in connection with any commercial ventures except those that are particularly endorsed or authorized by us.
2.2 As a user of this Site, you concur not to:
3.1 Unless otherwise shown, the Site and Services consisting of source code, databases, performance, software application, website designs, audio, video, text, photos, and graphics on the Site (Our Content) are owned or licensed to us, and are protected by copyright and trade mark laws.
3.2 Except as expressly provided in these Terms and Conditions, no part of the Site, Services or Our Content might be copied, reproduced, aggregated, republished, submitted, posted, publicly shown, encoded, translated, transmitted, distributed, offered, accredited, or otherwise exploited for any business function whatsoever, without our reveal prior written consent.
3.3 Provided that you are qualified to use the Site, you are approved a minimal licence to gain access to and utilize the Site and Our Content and to download or print a copy of any part of the Content to which you have actually appropriately accessed entirely for your personal, non-commercial use.
3.4 You shall not (a) try to get unauthorised access to the Site or any networks, servers or computer system systems connected to the Site; and/or (b) make for any purpose consisting of error correction, any modifications, adaptions, additions or improvements to the Site or Our Content, consisting of the modification of the paper or digital copies you may have downloaded.
3.5 We will (a) prepare the Site and Our Content with reasonable ability and care; and (b) utilize market basic infection detection software application to attempt to obstruct the uploading of material to the Site which contains infections.
3.6 The content on the Site is provided for basic information just. It is not intended to total up to recommendations on which you need to rely. You should get expert or specialist suggestions prior to taking, or refraining from taking, any action on the basis of the content on the Site.
3.7 Although we make reasonable efforts to upgrade the details on our site, we make no representations, warranties or guarantees, whether express or suggested, that Our Content on the Site is precise, complete or up to date.
4.1 The Site might include links to sites or applications operated by third parties.We do not have any impact or control over any such 3rd party sites or applications or the third party operator. We are not responsible for and do not endorse any third party websites or applications or their accessibility or material.
4.2 We accept no obligation for adverts consisted of within the Site. If you consent to purchase products and/or services from any third party who markets in the Site, you do so at your own danger. The marketer, and not us, is accountable for such items and/or services and if you have any questions or grievances in relation to them, you need to get in touch with the advertiser.
5.1 We book the right at our sole discretion, to (1) monitor the Site for breaches of these Terms and Conditions; (2) take appropriate legal action versus anybody in breach of appropriate laws or these Terms and Conditions; (3) get rid of from the Site or otherwise disable all files and content that are excessive in size or are in any way a burden to our systems; and (4) otherwise manage the Site in a way developed to protect our rights and home and to facilitate the correct performance of the Site and Services.
5.2 We do not ensure that the Site will be protected or devoid of bugs or viruses.
5.3 You are accountable for configuring your information technology, computer system programs and platform to access the Site and you ought to utilize your own virus protection software.
6.1 We schedule the right to alter, modify, or eliminate the contents of the Site at any time or for any factor at our sole discretion without notice. We likewise book the right to modify or cease all or part of the Services without notification at any time.
6.2 We can not guarantee the Site and Services will be readily available at all times. We may experience hardware, software, or other issues or need to perform maintenance related to the Site, leading to disruptions, delays, or mistakes. You agree that we have no liability whatsoever for any loss, damage, or inconvenience triggered by your inability to gain access to or use the Site or Services throughout any downtime or discontinuance of the Site or Services.We are not required to keep and support the Site or Services or to supply any corrections, updates, or releases.
6.3 There may be information on the Site which contains typographical errors, errors, or omissions that might connect to the Services, consisting of descriptions, prices, accessibility, and numerous other information. We book the right to remedy any mistakes, mistakes, or omissions and to alter or update the information at any time, without prior notification.
7.1 The Site and Services are offered on an as-is and as-available basis. You concur that your use of the Site and/or Services will be at your sole risk other than as specifically set out in these Terms and Conditions. All service warranties, terms, conditions and undertakings, reveal or implied (consisting of by statute, customized or use, a course of dealing, or common law) in connection with the Site and Services and your usage thereof including, without restriction, the implied warranties of satisfying quality, fitness for a particular function and non-infringement are left out to the fullest extent permitted by applicable law.
We make no guarantees or representations about the accuracy or completeness of the Site's content and are not liable for any (1) mistakes or omissions in material: (2) any unauthorized access to or use of our servers and/or any and all individual details and/or monetary information kept on our server; (3) any disruption or cessation of transmission to or from the website or services; and/or (4) any bugs, infections, trojan horses, or the like which might be transferred to or through the website by any third party. We will not be accountable for any hold-up or failure to abide by our commitments under these Terms and Conditions if such hold-up or failure is brought on by an occasion beyond our reasonable control.
7.2 Our obligation for loss or damage suffered by you:
Whether you are a customer or an organisation user:
● We do not omit or limit in any way our liability to you where it would be illegal to do so. This includes liability for death or injury brought on by our negligence or the carelessness of our workers, agents or subcontractors and for scams or fraudulent misrepresentation.
● If we stop working to comply with these Terms and Conditions, we will be accountable for loss or damage you suffer that is a foreseeable outcome of our breach of these Terms and Conditions, but we would not be responsible for any loss or damage that were not foreseeable at the time you started utilizing the Site/Services.
Regardless of anything on the contrary contained in the Disclaimer/Limitation of Liability area, our liability to you for any cause whatsoever and no matter the kind of the action, will at all times be limited to an overall aggregate quantity equal to the greater of (a) the amount of ₤ 5000 or (b) the amount paid, if any, by you to us for the Services/Site during the six (6) month duration prior to any reason for action developing.
If you are a consumer user:
● Please keep in mind that we only provide our Site for domestic and personal usage. You concur not to use our Site for any business or company purposes, and we have no liability to you for any loss of profit, loss of organisation, organisation disruption, or loss of organisation opportunity.
● If defective digital material that we have actually provided, harms a gadget or digital material belonging to you and this is caused by our failure to utilize reasonable care and skill, we will either fix the damage or pay you compensation.
● You have legal rights in relation to products that are defective or not as described. Suggestions about your legal rights is readily available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms and Conditions will impact these legal rights.
8.1 These Terms and Conditions shall stay in full force and effect while you utilize the Site or Services or are otherwise a user of the Site, as relevant. You may end your use or participation at any time, for any reason, by following the directions for terminating user accounts in your account settings, if offered, or by calling us at our email address.
8.2 Without restricting any other provision of these Terms and Conditions, we book the right to, in our sole discretion and without notification or liability, reject access to and use of the Site and the Services (consisting of blocking particular IP addresses), to any person for any factor including without constraint for breach of any representation, warranty or covenant included in these Terms and Conditions or of any suitable law or guideline.
If we determine, in our sole discretion, that your use of the Site/Services is in breach of these Terms and Conditions or of any applicable law or policy, we might terminate your use or involvement in the Site and the Services or delete any material or information that you posted at any time, without warning, in our sole discretion.
8.3 If we terminate or suspend your represent any factor set out in this Section 9, you are forbidden from registering and developing a new account under your name, a fake or obtained name, or the name of any 3rd party, even if you may be acting on behalf of the 3rd party. In addition to terminating or suspending your account, we schedule the right to take suitable legal action, including without constraint pursuing civil, criminal, and injunctive redress.
9.1 Visiting the Site, sending us e-mails, and finishing online types make up electronic communications. You grant get electronic communications and you concur that all contracts, notices, disclosures, and other interactions we supply to you electronically, via e-mail and on the Site, please any legal requirement that such communication be in writing.
You hereby agree to making use of electronic signatures, contracts, orders and other records and to electronic shipment of notifications, policies and records of deals initiated or completed by us or through the Site. You hereby waive any rights or requirements under any statutes, regulations, guidelines, ordinances or other laws in any jurisdiction which need an initial signature or delivery or retention of non-electronic records, or to payments or the approving of credits by other than electronic means.
9.2 These Terms and Conditions and any policies or operating rules published by us on the Site or in respect to the Services constitute the whole arrangement and understanding between you and us.
9.3 Our failure to exercise or impose any ideal or arrangement of these Terms and Conditions will not run as a waiver of such right or arrangement.
9.4 We may assign any or all of our rights and commitments to others at any time.
9.5 We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our affordable control.
9.6 If any arrangement or part of a provision of these Terms and Conditions is illegal, void or unenforceable, that arrangement or part of the arrangement is deemed severable from these Terms and Conditions and does not impact the credibility and enforceability of any remaining arrangements.
9.7 There is no joint venture, collaboration, work or firm relationship developed between you and us as a result of these Terms and Conditions or use of the Site or Services.
9.8 For customers only - Please note that these Terms and Conditions, their subject and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have unique jurisdiction expect that if you are a citizen of Northern Ireland you might also bring procedures in Northern Ireland, and if you are resident of Scotland, you might also bring proceedings in Scotland. If you have any grievance or wish to raise a disagreement under these Terms and Conditions or otherwise in relation to the Site please follow this link http://ec.europa.eu/odr
9.9 A person who is not a party to these Terms and Conditions will have no right under the Contracts (Rights of Third Parties) Act 1999 to implement any regard to these Terms and Conditions.
9.10 In order to deal with a complaint regarding the Services or to receive further details regarding use of the Services, please call us by email at our email address.