- Baxxt.com
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1. CONTACT DETAILS
Baxxt
372 Victoria Avenue
Southend
Essex
SS0 2NA
Tel: +0044 (0) 1268 779620
Email: info@baxxt.com
2. DATA COLLECTION
• For each visitor to our Web page, our Web server automatically recognises only the consumer's domain name / IP Address, but not the e-mail address (where possible).
• We collect aggregate information on what pages consumers access or visit, user-specific information on what pages consumers access or visit.
• The information we collect is used for internal review and is then discarded, used to improve the content of our Web page, not shared with other organizations for commercial purposes.
3. COOKIES
• We use cookies to store visitors preferences, record session information, such as previously read posts on the forum, record user-specific information on what pages users access or visit, alert visitors to new posts or areas that we think might be of interest to them when they return to our site.
4. AD SERVERS
• To try and bring you offers that are of interest to you, we have relationships with other companies that we allow to place ads on our Web pages. As a result of your visit to our site, ad server companies may collect information such as your domain type, your IP address and clickstream information.
• For further information, consult the privacy policies of: Google.com- http://www.google.com/privacy.html
5. CHANGES / UPDATES
• From time to time, we may use customer information for new, unanticipated uses not previously disclosed in our privacy notice. If our information practices change at some time in the future we will use for these new purposes only data collected from the time of the policy change forward.
• Upon request we provide site visitors with access to communications that the consumer / visitor has directed to our site (e.g., e-mails, customer inquiries) where that information has not been already discarded upon completion of communication.
• Consumers can access this information by mailing us at the above address.
6. LINKS
• The sites linked to from Baxxt are developed by people over whom Baxxt exercises no control. These other sites may place their own cookies on your computer, collect data or solicit personal information. Please check the privacy policy of the individual sites.
If you feel that this site is not following its stated information policy, you may contact us by letter at the above addresses.
Term Of Service – Baxxt.com
1. ACCEPTANCE OF TERMS
Baxxt.com provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice.
2. DESCRIPTION OF SERVICE
• Baxxt.com currently provides users with access to a collection of articles and resources, including forums, and personalised content through its system. You also understand and agree that the Service may include advertisements and that these advertisements are necessary for us to provide the Service. You also understand and agree that the service may include certain communications from us or third parties, such as service announcements, promotions, and administrative messages, and that these communications are considered part of Service use. You understand and agree that the Service is provided "AS-IS" and that we assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalisation settings.
3. YOUR REGISTRATION OBLIGATIONS
• In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
4. VENDOR ACCOUNT, PASSWORD AND SECURITY
• You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account.
5. VENDOR CONDUCT
• You understand that all information, data, text, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Baxxt.com, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Baxxt.com be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
• upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; harm minors in any way; impersonate any person or entity,;forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; intentionally or unintentionally violate any applicable local, state, national or international law; "stalk" or otherwise harass another; or collect or store personal data about other users.
• You acknowledge that Baxxt.com does not pre-screen Content, but that Baxxt.com and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service Without limiting the foregoing, Baxxt.com and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Baxxt.com or submitted to Baxxt.com.
• You acknowledge and agree that Baxxt.com may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Baxxt.com, its users and the public.
• You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to confirm and adapt to technical requirements of connecting networks or devices.
6. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
• Baxxt.com does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Baxxt.com the following world-wide, royalty free and non-exclusive license(s), as applicable: With respect to Content you submit or make available for inclusion on publicly accessible areas of Baxxt.com, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the relevant section on Baxxt.com.
• "Publicly accessible" areas of the Service are those areas of the Baxxt.com network of properties that are intended by Baxxt.com to be available to the general public. By way of example, publicly accessible areas of the Service would include Baxxt.com Guides, Forums, Videos and feedback postings that are open to both members and visitors. However, publicly accessible areas of the Service would not include areas or accounts that are limited to members, Baxxt.com services intended for private communication such as Baxxt.com private messages, or areas off of the Baxxt.com network of properties such as portions of World Wide Web sites that are accessible through Baxxt.com but are not hosted or served by Baxxt.com.
7. INDEMNITY
• You agree to indemnify and hold Baxxt.com, and its employees, affiliates, officers, agents, co-branders or other partners, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
8. NO RESALE OF SERVICE
• You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
9. MODIFICATIONS TO SERVICE
• Baxxt.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Baxxt.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
10. TERMINATION
• You agree that Baxxt.com, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Baxxt.com believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Baxxt.com may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Baxxt.com may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Baxxt.com shall not be liable to you or any third-party for any termination of your access to the Service.
11. DEALINGS WITH ADVERTISERS
• Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Baxxt.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
12. SHOPPING ON BAXXT.COM
• By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are limited to mainland UK and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
In order to contract with Baxxt you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us or PayPal. Baxxt retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be Baxxt or may in some cases be a third party. Where a contract is made with a third party Baxxt is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
(a) Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods sent at the time of dispatch will be included in the contract formed.
(b) Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
All prices are inclusive of VAT. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.
(c) Payment
Upon receiving your order we carry out a standard pre-authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Goods will not be dispatched until this pre-authorisation check has been completed. Your card will be debited once the order has been accepted.
In the case of paying with PayPal, payment is taken on completing the PayPal online payment form. We will have receive payment but reserve the right to accept of cancel the order. In some cases we will deem that an order may be fraudulent, if this is the case we will endeavor to contact you to confirm your details.
(d) Discount Codes
• Account discount codes - Discount codes may from time to time be offered to account holders; such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered.
• Promotional discount codes - We may from time to time offer promotional discount codes which may apply in respect of any, or certain specified, purchases made though this Website.
(e) Gift Vouchers
• Gift vouchers are only valid for a limited time and the voucher must be used by the date shown on the voucher – check your voucher to find out when to use it by.
• We’re afraid we can’t accept any responsibility for stolen or deleted gift vouchers.
• We’ll despatch your gift voucher either as soon as payment has been cleared or on your specified delivery date (if this is later). We’re afraid we can’t be responsible for any delays, no matter how they are caused.
• If you are the purchaser, please double check the delivery email address you enter – it is your responsibility to do so and we’re afraid we can’t be held responsible if a gift voucher is used by someone other than your recipient if the email address entered is incorrect.
In addition, we can’t take responsibility for any gift vouchers that are lost or used by someone other than your recipient after delivery. Make sure your recipient has received their gift voucher, as it is their responsibility to keep the voucher details safe.
• From time to time, gift vouchers may get caught in pesky spam filters, and it’s up to the recipient to check these filters. We can’t take responsibility if a gift voucher cannot be delivered to the recipient’s email address because of spam filters, firewalls, the capacity of the recipient’s mailbox or any other factors outside of our control.
• If you need a refund, this will be made in the same way as the original payment method (such as onto a gift voucher, debit/credit card account, PayPal or a combination of the three).
• We reserve the right to vary these terms and conditions.
The conditions of use relating to any discount code will be specified at the time of issue.
13. Returns procedure
We hope you will be pleased with your purchase. Should you wish to return anything bought from us, we will be happy to refund or exchange a product provided it is in fully resaleable condition. Returns should be made within a reasonable time (usually 28 days) and in original, undamaged packaging.
If we find that the product has not been returned to us in fully resaleable condition, we reserve the right to refuse a refund on the item, or deduct up to 20% of the original selling price from the refund amount.
Returns via Royal Mail
• Please call on 01268 779 620 or email info@baxxt.com to arrange the return of any product.
Please include: order number, the reason for the return and whether you want a refund or a replacement.
• We will email you back with instructions for returning by Royal Mail
14. LINKS
• The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Baxxt.com has no control over such sites and resources, you acknowledge and agree that Baxxt.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Baxxt.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
15. BAXXT.COM'S PROPRIETARY RIGHTS
• You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Baxxt.com or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
• Baxxt.com grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Baxxt.com for use in accessing the Service.
16. DISCLAIMER OF WARRANTIES
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YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
• YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BAXXT.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
BAXXT.COM MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SERVICE / SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BAXXT.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
• LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BAXXT.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BAXXT.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
17. NOTICE
• Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.
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