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Terms & Conditions

Terms of Use

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The following terms and conditions (these “Terms of Use” or “Terms”), govern your access to and use of the website, including any content, functionality and services offered on or through www.freakplates.com (the “Site”) by Freak Plates. For the purpose of these Terms of Use, wherever the context so requires "You", “Your”, or "User" shall mean any natural or legal person who has either registered on the Site as a registered user or who visits the Site as a guest. The term "We", "Us", "Our" shall mean FREAK PLATES

 

Please read the Terms of Use carefully before you start to use the Site. By using the Site, opening an account or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Site. By using our Services you agree that you are over the age of eighteen (18) years who can form legally binding contracts under applicable law, and who properly create a valid account. By using our Services you agree that we reserve the right to suspend your account or stop providing our Services to at our discretion.

 

1. Use of Our Services

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You understand that by accessing the Site, and in becoming a member, you receive only the ability to use the Site to access the Site. You also acknowledge and agree that at all times, it is your responsibility and not Company’s responsibility, which is disclaimed to the maximum extent of the law, to be familiar with, to abide by and to comply with all relevant national, state, local, and international laws, rules and regulations that may apply to any Items. Users also acknowledge and agree that they are Company of the Site only, and that they are not Company employees, joint ventures, partners, or agents whatsoever.

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2. Modification or Changes to the Site or Terms of Use

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We are continually changing and improving the Site. We reserve the right in our sole discretion to modify it, to add or remove features or functionalities or to suspend or terminate any part or the entire Site with or without notice to you. We may also modify or amend these Terms or incorporated documents to reflect changes in the law, changes to the Site, Fees (defined below) or any other aspect of the relationship between Company and You. You should look at the Terms regularly. If we make changes to these Terms, or any other document incorporated by reference here, we will post the changes to the Terms of Use pages of our Site, send you a message or otherwise attempt to notify you. Amendments are effective no sooner than thirty (30) days after we post them on the Site for existing Company and immediately for all the new Company joining and accepting the terms after and on the day these are amendments are posted, unless we notify You otherwise. If You do not agree to the Terms, including as changed or modified, We will be sorry to see you go, but Your only recourse is to stop using or accessing the Site.

 

3.Account Registration, Member Verification and Other Member Representations and Warranties

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Creating an account in the Site is optional. To access our Site or to make a purchase, you do not necessarily need to create an account, you can purchase as a guest. You will need to provide valid phone number and email address at the time of checkout. As indicated above, by doing so, You represent and warrant that you are over the age of eighteen (18) and are capable of entering into legally binding agreements in the relevant jurisdiction(s). To create a Member account, You must create a password-protected account (“Account”). You may register for an Account using Your email and creating a password. You agree to provide accurate, current and complete information during the Account registration process and at all other times when You use the Site, and to continually update information sufficient to keep it accurate, current and complete. You and You alone are responsible for safeguarding your Company Account password and You are solely responsible for all activity that occurs on or through your Account and that You will immediately inform Company of any suspected unauthorized use. Company is not liable or otherwise responsible for any loss or damage that any party claims is caused in whole or part by unauthorized use of Your Account. Notwithstanding the foregoing, You may, however, be liable or responsible to Company or third parties due to unauthorized use of Your Account.

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4. Communications

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When You use the Site or send emails or other data, information or communication to Us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with You by email or by such other mode of communication, electronic or otherwise.

 

5. Purchase

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You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

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6. Billing

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We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. 

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

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​7. Access to Site

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We will do our utmost to ensure that availability of the Site will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, your access to the Site may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.

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8. Rights and Obligations of Company

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  • Company will attempt to continuously innovate in order to provide the best possible Services to its Company. You acknowledge and agree that the form and nature of the Services provided by Company may change from time to time without any prior notice.

 

  • You acknowledge and agree that Company may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to User at its sole discretion.

 

  • You acknowledge and agree that if Company disables access to your account or login route, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.

 

  • Company shall not be responsible for any loss or damage caused by a modification of the features, limitation of use of the Services or the discontinuation altogether thereof.

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9. Obligations of User

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  • In order to access the Services, the User may be required to provide personal information, as part of the registration process, for his continued use. You agree that registration information provided shall be accurate, correct and up to date.

 

  • You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the offering).

 

  • You agree that will not take any action that (a) may unreasonably encumber the Site’s infrastructure; (b) interferes or attempts to interfere with the proper working of the Site or any third-party participation; (c) bypasses measures that are used to prevent or restrict access to the Site; (d) circumvents, disables or otherwise interferes with security features of the Site; (e) distributes viruses or any other technologies that may harm Company or Company; (f) uses the Site in a way that violates any copyrights, trade secrets, or other rights of any third party, including privacy or publicity rights; or (g) circumvents or manipulates and fees, fee structure or billing claimed or owed as a result of interaction, relationships or transactions that may be facilitated on the Site.

 

  • You agree that will not violate any Company policies that govern or relate to Your use of the Site and interactions with You and third parties.

 

10. Website Content

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You may use information on the products and services purposely made available on the Site for downloading, provided that You (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents. You shall be responsible for any notes, messages, emails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Site (collectively, "Content"). Such Content will become Our property and You grant Us the worldwide, perpetual and transferable rights in such Content. We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content You provide. You agree that any Content You post may be used by us, consistent with Our Privacy Policy and Rules of Conduct on Site as mentioned herein, and You are not entitled to any payment or other compensation for such use.

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11. Third Party Websites

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The Services may contain links to other websites. The Services also may utilize third party Services, advertisements, offers and payment systems. Company is not responsible for these third party products, Services or their contents. The inclusion of such a link does not imply endorsement of the Services or its contents or any association with its operators. Company is not responsible for the accuracy, copyright compliance, legality, decency, or appropriateness of the content, nor the advertising, products, or other materials on such sites. Under no circumstances shall Company be held responsible or liable, directly or indirectly, for any loss or damages caused or alleged to have been caused by use of or reliance on any content, goods, or Services available from third parties. Any concerns regarding any third-party website should be directed to its respective site administrator.

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12. Intellectual Property

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All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, "Content"), are the sole property of Company. Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Site or other medium for publication or distribution or for any commercial enterprise, without Company’s express prior written consent.

This Site is controlled and operated by Company. We own all copyright, trademarks, and other intellectual property rights in the contents within this Site including description, images, illustrations, audio clips, and video clips featured in the product listings. The compilation of all content on this Site is the exclusive property of Us. All software used on this Site is the property of Us, throughout the world and in perpetuity. Material on Site is solely for Your personal, non-commercial use. All rights are reserved. You shall not copy, retain, distribute, reproduce, republish, upload, post, transmit or use any of the content on this Site in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so, except with our prior written consent. The use of such intellectual property by You, or anyone else authorized by You, is prohibited unless specifically permitted by these Terms of Use or specific permission provided elsewhere on the Site. Any unauthorized use of the intellectual property may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. We neither warrant nor represent that Your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with Us.

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13. EXCLUSION OF WARRANTIES

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YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE OFFERING IS AT YOUR SOLE RISK AND THAT THE OFFERING ARE PROVIDED ON "AS IS"BASIS.IN PARTICULAR, COMPANY DOES NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE OFFERING WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, INCLUDING SPECIFICALLY FROM SERVER DOWNTIME, (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE OFFERING WILL BE ACCURATE OR RELIABLE, ANDANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE OFFERING IS DONE AT YOUR OWN DISCRETION AND RISK AND COMPANY WILL NOT BE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

COMPANY FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

 

14. LIMITATION OF LIABILITY

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YOU ACCEPT ALL RESPONSIBILITY FOR THE INFORMATION, CONTENT AND OTHER MATERIALS YOU POST OR OTHERWISE COMMUNICATE USING THE SERVICES. COMPANY SHALL HAVE NO LIABILITY FOR THE ACCURACY OR CONTENT OF THE INFORMATION CONTAINED IN OR FOR DELAYS OR OMISSIONS THEREIN. NOR SHALL COMPANY ITS AFFILIATES AND EACH OF THEIR DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES, BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL, EXEMPLARY, PUNITIVE, DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF COMPANY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

 

15. Indemnification

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You shall indemnify and hold harmless Company, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, shareholders, agents, employees, representatives, from and against any and all claims, demands, liabilities, obligations, losses, costs or debt, damages, actions and expenses (including reasonable attorneys' fees) arising out of or relating to (i) Your use of Site including but not limited to use of any Content; (ii) any breach or alleged breach of these Terms of Use, Privacy Policy and other Policies, (iii) Your violation of any law, rules or regulations or the rights of a third party. This indemnification obligation will survive the expiry or termination of these Terms of Use and Your use of the Site.

 

16. General Terms

 

These Terms constitute the legal agreement between You and Company and govern Your use of the offering, but without prejudice to any additional Terms which may be part of an agreement specific to the Services You wish to avail of (but excluding any offering which Company may provide to you under a separate written agreement), and completely replace any prior agreements between You and Company in relation to the offering.

 

If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

 

These Terms, and Your relationship with Company under these Terms, shall be governed by the laws of England and Wales, and Courts in England and Wales shall have jurisdiction.

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