Terms and Conditions

Overview

The following term and conditions will apply to all contracts made between Proguard Workwear Limited (“Proguard”) and its customers. The terms are to be read together by you the customer with any terms, conditions or disclaimers provided in the pages of our website. Please review the terms carefully. The Terms apply to all users of our website, including without limitation, users who are browsers, customers, merchants, vendors and/or contributors of content. If you access and use this website, you accept and agree to be bound by and comply with the terms and our Privacy Policy. If you do not agree to the terms or our Privacy Policy, you are not authorised to access our website, use any of our website’s services or place an order on our website.

Proguard will carry out all requests of customers in accordance with written specifications provided by the customer to Proguard Workwear and this will be recorded in writing the agreement made between all parties involved.

1. Payment, Pricing and VAT

  • Unless agreed as otherwise stated, goods ordered by the customer will be paid when placing an order.
  • All prices displayed on both Proguard Workwear’s Website and any form of Proguard Workwear literature will be subject to VAT unless stated otherwise. All prices are correct at the time of publication, subject to change without prior notice. Please note: All prices are clearly displayed inc./ex. VAT at the time of the order with no minimum order value required.
  • Payment should be received beforehand but if this is not the case then payment should be received on the last day of the month the order was delivered.
  • If no payment has been received, interest will start to accrue and thereon at a rate of 7.5% per annum basis from the date of the invoice.

Please note: Ownership and title of goods supplied by Proguard Workwear to the customer will not occur unless payment is received in full, where funds have been cleared in terms of the whole funds for the goods ordered. We have the right to cancel the contract at any time, suspend deliveries or terminate any orders if we feel necessary to do so if payments terms are breached.

2. Customised products or services

  • If the customer wishes to change anything or amend the design or artwork aspect of an order, the customer must give a written request to Proguard Workwear.
  • This has to be in writing.
  • Only then will changes be made when deemed appropriate and in accordance with the request(s) made, additional costs may be charged where the customer be notified before any further action is taken. Only once the extra charges have been paid then.
  • Proguard Workwear will also have to change the scheduled delivery time in accordance with the order request and changes made to an existing order and the customer has signed it off.
  • Proguard Workwear will accept returns for goods at its own discretion and when the terms and conditions of our returns policy are met. If the return is because of Proguard Workwears failure, or not the right thing in accordance with the order made. However, if customised goods are provided with a customer’s individual embroidery or print we cannot accept these goods if they have been used or it is not quite right unless faulty.
  • Age restrictions will apply to some goods such as tools and solvents, therefore some orders may be cancelled if deemed not appropriate age for the goods purchased.

3. Proguard Workwear Returns Policy

  • Sometimes an item(s) isn’t just right. Therefore, you may want to return an item that has been purchased from our regular range. This should be returned within 28 days of delivery within its original packaging with the labels intact suitable for resale. If the order you have received was faulty or not correct we will pay for the delivery costs for exchanges and refunds. Please note: returns can take 10-15 to be processed from the date of initial report and 5-7 days once received.
  • Unless the items have been supplied incorrectly or faulty we cannot accept returns for the following:
    • Customised items (embroidered, print or badged up)
    • Items in line with your request
    • Sale items and items which have been customised and supplied at your request (this also includes special colors and sizes)
  • We aim to pick up unwanted/returnable items within 5 working days of the return request
  • If products have been offered and are not correct Proguard Workwear will offer to correct the order before returning the refund, as the discretion of Proguard Workwear.
  • Refunds will be made using the original payment method used to purchase the goods. When ordering and selecting priority deliveries we cannot refund delivery surcharges unless products have been found to be faulty.
  • Proguard will carry out all requests of customers in accordance with written specifications provided by the customer to Proguard Workwear and this will be recorded in writing the agreement made between all parties involved.

4. Delivery

  • All goods once available and ready to be dispatched will be delivered to the purchasers address as instructed.
  • All goods will always be attempted to be delivered on time but we accept no liability for courier late or non-deliveries.
  • After receiving a delivery and it is found to be damaged, short or not quite right, you must notify us instantly preferably within 24-48 hours of receipt of delivery via telephone. Please note: it is recommended that you also send us written confirmation within 3 days of dispatch.
  • Proguard Workwear are not accountable for anything a courier has done to the item in terms of damage or lost items or whether they have placed it in a location not deemed appropriate (e.g. bin or over the fence etc.).
  • Any claims to be written to us regarding any damage or shortages must be supported with evidence that the courier has delivered the parcel. Please note: we require the delivery note for the goods signed are unchecked, short or faulty and state as deemed appropriate.
  • Please check all items carefully when delivered, as we cannot accept any liability for faulty, short or no deliveries of goods.
  • If you notice a parcel looks damaged on receipt of the parcel. This should be reported immediately and signed accordingly after checking in front of the courier.

Proguard will carry out all requests of customers in accordance with written specifications provided by the customer to Proguard Workwear and this will be recorded in writing the agreement made between all parties involved.

5. Other Useful Info

  1. The terms and conditions apply to all orders unless otherwise agreed and arrangements have been made between the customer and Proguard Workwear whether it’s a repeat or brand new order.
  2. Any dispute under the terms and conditions stated or of the contract between Proguard and Customer the dispute will be settled in accordance with UK law guidelines.
  3. Proguard Workwear t’s & c’s do not remove or hinder the customer’s statutory rights.
  4. Any purchases should be made online unless agreed otherwise. Any email discount codes can only be applied in online transactions when able to do so. Please note: this does not apply to existing deals already in place and the use of discount codes are at the discretion of Proguard Workwear.
  5. Colour samples may not always be as you expected or as seen on the actual garments. This also applies to the sizes of garments where we recommend you to check the size guides available with each product listed before purchasing. Alternatively you can contact us for further information to assist you further.
  6. At Proguard Workwear we aim to provide to provide the best service possible. However, there may be times where our customer(s) may not be happy with a service Proguard has provided. Proguard Workwear have the right to withhold orders made at their discretion for inappropriate words, slogans, graphics and copyrighted material, phrases or images amongst other things not mentioned.
  7. VAT charges will apply unless otherwise stated. Please note: some products will not qualify for VAT this may have some additional terms before you can qualify for no VAT. You will be notified of any charges at the checkout section of your order and this will add on to your final price.
  8. Please see our Privacy Policy to learn about how we collect, use, and share your personal information.
  9. Please note that our website may contain typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time, without prior notice (including after an order has been submitted). Such errors, inaccuracies or omissions may relate to product description, pricing, promotion and availability and we reserve the right to cancel or refuse any order placed based on incorrect pricing or availability information, to the extent permitted by applicable law.
  10. We do not undertake to update, modify or clarify information on our website, except as required by law.
  11. Any disputes arising out of or relating to the Terms, the Privacy Policy, use of our website, or our products or services offered on our website will be resolved in accordance with the laws of England and Wales without regard to its conflict of law rules. Any disputes, actions or proceedings relating to the Terms or your access to or use of our website must be brought before the courts of the England and Wales and you irrevocably consent to the exclusive jurisdiction and venue of such courts.
  12. Please send all questions, comments and feedback to us at info@proguardworkwear.com.

6. Introduction

This website is operated by Proguard Work Wear. The terms “we”, “us”, and “our” refer to Proguard Work Wear. The use of our website is subject to the following terms and conditions of use, as amended from time to time (the “Terms”). The Terms are to be read together by you with any terms, conditions or disclaimers provided in the pages of our website. Please review the Terms carefully. The Terms apply to all users of our website, including without limitation, users who are browsers, customers, merchants, vendors and/or contributors of content. If you access and use this website, you accept and agree to be bound by and comply with the Terms and our Privacy Policy. If you do not agree to the Terms or our Privacy Policy, you are not authorized to access our website, use any of our website’s services or place an order on our website. 

7. Use of website

You agree to use our website for legitimate purposes and not for any illegal or unauthorized purpose, including without limitation, in violation of any intellectual property or privacy law. By agreeing to the Terms, you represent and warrant that you are at least the age of majority in your state or province of residence and are legally capable of entering into a binding contract.

You agree to not use our website to conduct any activity that would constitute a civil or criminal offence or violate any law. You agree not to attempt to interfere with our website’s network or security features or to gain unauthorized access to our systems.

You agree to provide us with accurate personal information, such as your email address, mailing address and other contact details in order to complete your order or contact you as needed. You agree to promptly update your account and information. You authorize us to collect and use this information to contact you in accordance with our Privacy Policy.

8. General Conditions

We reserve the right to refuse service to anyone, at any time, for any reason. We reserve the right to make any modifications to the website, including terminating, changing, suspending or discontinuing any aspect of the website at any time, without notice. We may impose additional rules or limits on the use of our website. You agree to review the Terms regularly and your continued access or use of our website will mean that you agree to any changes.

You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of our website or for any service, content, feature or product offered through our website.

9. Products or Services

All purchases through our website are subject to product availability. We may, in our sole discretion, limit or cancel the quantities offered on our website or limit the sales of our products or services to any person, household, geographic region or jurisdiction. Prices for our products are subject to change, without notice. Unless otherwise indicated, prices displayed on our website are quoted in pounds sterling.

We reserve the right, in our sole discretion, to refuse orders, including without limitation, orders that appear to be placed by distributors or resellers. If we believe that you have made a false or fraudulent order, we will be entitled to cancel the order and inform the relevant authorities.

We do not guarantee the accuracy of the colour or design of the products on our website. We have made efforts to ensure the colour and design of our products are displayed as accurately as possible on our website.

10. Links to Third-Party Websites

Links from or to websites outside our website are meant for convenience only. We do not review, endorse, approve or control, and are not responsible for any sites linked from or to our website, the content of those sites, the third parties named therein, or their products and services. Linking to any other site is at your sole risk and we will not be responsible or liable for any damages in connection with linking. Links to downloadable software sites are for convenience only and we are not responsible or liable for any difficulties or consequences associated with downloading the software. Use of any downloaded software is governed by the terms of the license agreement, if any, which accompanies or is provided with the software.

11. Use Comments, Feedback, and Other Submissions

You acknowledge that you are responsible for the information, profiles, opinions, messages, comments and any other content (collectively, the “Content”) that you post, distribute or share on or through our website or services available in connection with our website. You further acknowledge that you have full responsibility for the Content, including but limited to, with respect to its legality, and its trademark, copyright and other intellectual property ownership.

You agree that any Content submitted by you in response to a request by us for a specific submission may be edited, adapted, modified, recreated, published, or distributed by us. You further agree that we are under no obligation to maintain any Content in confidence, to pay compensation for any Content or to respond to any Content.

You agree that you will not post, distribute or share any Content on our website that is protected by copyright, trademark, patent or any other proprietary right without the express consent of the owner of such proprietary right. You further agree that your Content will not be unlawful, abusive or obscene nor will it contain any malware or computer virus that could affect our website’s operations. You will be solely liable for any Content that you make and its accuracy. We have no responsibility and assume no liability for any Content posted by you or any third-party.

We reserve the right to terminate your ability to post on our website and to remove and/or delete any Content that we deem objectionable. You consent to such removal and/or deletion and waive any claim against us for the removal and/or deletion of your Content.

12. Your Personal Information

Please see our Privacy Policy to learn about how we collect, use, and share your personal information.

13. Errors and Omissions

You acknowledge that you are responsible for the information, profiles, opinions, messages, comments and any other content (collectively, the “Content”) that you post, distribute or share on or through our website or services available in connection with our website. You further acknowledge that you have full responsibility for the Content, including but limited to, with respect to its legality, and its trademark, copyright and other intellectual property ownership.

You agree that any Content submitted by you in response to a request by us for a specific submission may be edited, adapted, modified, recreated, published, or distributed by us. You further agree that we are under no obligation to maintain any Content in confidence, to pay compensation for any Content or to respond to any Content.

You agree that you will not post, distribute or share any Content on our website that is protected by copyright, trademark, patent or any other proprietary right without the express consent of the owner of such proprietary right. You further agree that your Content will not be unlawful, abusive or obscene nor will it contain any malware or computer virus that could affect our website’s operations. You will be solely liable for any Content that you make and its accuracy. We have no responsibility and assume no liability for any Content posted by you or any third-party.

We reserve the right to terminate your ability to post on our website and to remove and/or delete any Content that we deem objectionable. You consent to such removal and/or deletion and waive any claim against us for the removal and/or deletion of your Content.

14. Disclaimer and Limitation of Liability

You assume all responsibility and risk with respect to your use of our website, which is provided “as is” without warranties, representations or conditions of any kind, either express or implied, with regard to information accessed from or via our website, including without limitation, all content and materials, and functions and services provided on our website, all of which are provided without warranty of any kind, including but not limited to warranties concerning the availability, accuracy, completeness or usefulness of content or information, uninterrupted access, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose. We do not warrant that our website or its functioning or the content and material of the services made available thereby will be timely, secure, uninterrupted or error-free, that defects will be corrected, or that our websites or the servers that make our website available are free of viruses or other harmful components.

The use of our website is at your sole risk and you assume full responsibility for any costs associated with your use of our website. We will not be liable for any damages of any kind related to the use of our website.

In no event will we, or our affiliates, our or their respective content or service providers, or any of our or their respective directors, officers, agents, contractors, suppliers or employees be liable to you for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, losses or causes of action, or lost revenue, lost profits, lost business or sales, or any other type of damage, whether based in contract or tort (including negligence), strict liability or otherwise, arising from your use of, or the inability to use, or the performance of, our website or the content or material or functionality through our website, even if we are advised of the possibility of such damages.
Certain jurisdictions do not allow limitation of liability or the exclusion or limitation of certain damages. In such jurisdictions, some or all of the above disclaimers, exclusions, or limitations, may not apply to you and our liability will be limited to the maximum extent permitted by law.

15. Indemnification

You agree to defend and indemnify us, and hold us and our affiliates harmless, and our and their respective directors, officers, agents, contractors, and employees against any losses, liabilities, claims, expenses (including legal fees) in any way arising from, related to or in connection with your use of our website, your violation of the Terms, or the posting or transmission of any materials on or through the website by you, including but not limited to, any third party claim that any information or materials provided by you infringe upon any third party proprietary rights.

16. Entire Agreement

The terms and any documents expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of the Terms and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. Both you and we acknowledge that, in entering into these Terms, neither you nor we have relied on any representation, undertaking or promise given by the other or implied from anything said or written between you and us prior to such Terms, except as expressly stated in the Terms.

17. Waiver

You agree to defend and indemnify us, and hold us and our affiliates harmless,, and our and their respective directors, officers, agents, contractors, and employees against any losses, liabilities, claims, expenses (including legal fees) in any way arising from, related to or in connection with your use of our website, your violation of the Terms, or the posting or transmission of any materials on or through the website by you, including but not limited to, any third party claim that any information or materials provided by you infringe upon any third party proprietary rights

18. Headings

Any headings and titles herein are for convenience only.

19. Severability

If any of the provisions of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable, such provision will to that extent be severed from the remaining Terms, which will continue to be valid and enforceable to the fullest extent permitted by law.

20. Governing Law

Any disputes arising out of or relating to the Terms, the Privacy Policy, use of our website, or our products or services offered on our website will be resolved in accordance with the laws of England and Wales without regard to its conflict of law rules. Any disputes, actions or proceedings relating to the Terms or your access to or use of our website must be brought before the courts of the England and Wales and you irrevocably consent to the exclusive jurisdiction and venue of such courts.

21. Questions or Concerns

Please send all questions, comments and feedback to us at info@proguardworkwear.com

User Agreement

Terms of service: an agreement between you and ProguardWorkwear to enter and use this website and services

Welcome to the ProguardWorkwear website and services.
We hope you enjoy your use of our facilities. Please appreciate and understand that this is a legal world and that you, by not immediately leaving this website now or immediately after reading our terms of service are accepting our services under the terms of this agreement.
It is your obligation to keep your self informed of any changes that may occur between visits, as using our services each time is under the condition that you accept all our terms and conditions. We may change our terms and conditions from time to time without expressly informing you.

1 ProguardWorkwear Services:

  • Create, design, customize products that are listed for sale.
  • Buy products that are listed for sale
  • Save and share designs that your may have created.
  • Use our fun picture and design tools.
  • Save created images and designs into public and personal galleries.
  • Post your created images to social networks or bloggs that you have the legal right to do so
  • Registering to subscribe to special offers and use of galleries.


2 Using our ProguardWorkwear Services and Website:
In consideration of the promises and obligations given and assumed herein, and intending to be legally bound, these Terms of Use provide as follows.


2.1 ELIGIBILITY CHILDREN UNDER 18.
ProguardWorkwear will only knowingly provide products or services to persons who can lawfully enter into and form contracts under applicable law.

If you are under the age of 18, but at least 13 years of age, you may order products or services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use.
Children under the age of 13 may view the Website but MAY NOT ORDER PRODUCTS OR SERVICES.



2.2 Definitions and Interpretation
In these Terms of Use, unless the context indicates a contrary intention:

 

  • Intellectual Property Rights means all industrial, commercial and intellectual property rights (including equivalent, neighbouring or proximate rights anywhere in the world that currently exist or are recognised in the future).
  • A person means any form of legal entity as well as any quasi-legal entity.
  • A User means any person using the website and/or services provided by Piki Print
  • A reference to any document, material, information or data includes that document, material, information and data howsoever stored, recorded or embodied, including in any electronic or digital media or otherwise.
  • The word includes in any form is not a word of limitation.

 


3 User's Obligations


3.1 Responsibilities
Users are and shall be wholly and exclusively responsible, at their own cost, for:

 

 

  1. all telecommunications lines, modems, communication controllers, routers, multiplexers, terminals and all other equipment, hardware and software necessary to access and use the Website and services;
  2. the use that it makes of the Website , including any article, material, literary or artistic work, design or other matter that they author, invent, create, develop or produce;
  3. complying with all laws, regulations and rules in the uses country or jurisdiction;
  4. complying with any recommendations or guidelines issued by ProguardWorkwear with respect to the use of the Website and/or services and
  5. ensuring that all electronic or other media it uses in connection or in conjunction with the Website and the services provided complies with these Terms of Use and all applicable laws, regulations and rules.

 


3.2 Restrictions on Users
Users shall not and has no right to either:

 

 

  1. reproduce, publish, distribute, sub-license and/or resell either the Website and/or service to any person; or
  2. use either the Website to supply any service to any person; or
  3. modify, adapt, disassemble, recompile and/or reverse engineer either the Website or service;
  4. access or use either the Website and/or service to create, author, design, manufacture, market, publish, transmit, broadcast, distribute or sell any article, product, material or other matter that either:
    1. infringes the rights of any person, including, without limitation, Intellectual Property Rights, trade secrets, rights of privacy and publicity.
    2. is libellous, defamatory or slanderous,
    3. condones, promotes, contains or links to adware, cracks, hacks or similar utilities or programs,
    4. contains explicit sexual content,
    5. does or may denigrate or offend any ethnic, racial, gender, religious or other group, through use of language, images, stereotypical depiction or otherwise,
    6. is designed to or does harass, threaten, defame or abuse others,
    7. exploits images or the likeness of minors,
    8. encourages the use of drugs or the under-age use of alcohol or cigarettes, or
    9. is generally offensive or in bad taste;
  5. use "Spam", "blast-faxes" or recorded telephone messages to market or sell any products or services,
  6. use, transfer or implant a virus, routine or any computer program or technology that disrupts, disables, interferes with or otherwise has a detrimental affect on the Website and/or the PIKIWARE® Platform,
  7. take any action that imposes any unreasonable or disproportionately large load on the Website or the Service,
  8. use a robot, spider or other device or process to monitor the activity on or copy pages from the Website or the Service,
  9. collect electronic mail addresses or other information from our Website,
  10. impersonate another person or entity,
  11. engage in any activity that interferes with any persons ability to use or access the Website and/or services, or
  12. assist, procure or aid any person to engage in any activity prohibited by these Terms of Use; or
  13. frame or link or otherwise use or display the Website in such a manner so that it appears to be part of its own or someone else's website, without specific agreement.


USER ACKNOWLEDGES AND AGREES THAT ProguardWorkwear MAY IN ITS SOLE AND UNFETTERED DISCRETION, UNILATERALLY AND WITHOUT NOTICE, TERMINATE THESE TERMS OF USE, DISABLE AND DENY ACCESS TO THE USER TO THE WEBSITE AND THE SERVICES, AND TAKE LEGAL ACTION AGAINST ANY USER WHO ENGAGES IN ANY ACTIVITY OR CONDUCT THAT IS PROHIBITED BY THESE TERMS OF USE AND/OR BY ANY RELEVANT LAW, REGULATION OR RULE.

4. ProguardWorkwear Obligations

4.1 Access to and use of the Website and Services Subject to user complying with and discharging each of its obligations under these Terms of Use, ProguardWorkwear shall allow user to access and use the Website and the services .

4.2 Privacy: ProguardWorkwear may collect personal data concerning the user in the course of and incidental to users use of the Website and services. ProguardWorkwear shall comply with, and user hereby consents irrevocably and unconditionally to ProguardWorkwears collection, use and disclosure of such data in accordance with, its Privacy Policy (the terms of which may be accessed through the link on the Website).

4.3 Training
User acknowledges that ProguardWorkwear has no obligation to user to provide any training or other support in relation to the use or operation of the Website and/or services.

4.4 Modification of the Website.
ProguardWorkwear reserves the right to modify the organization, structure, content or "look and feel" of the Website and/or the services, and may change, suspend, or discontinue any aspect of the Website and/or the service at any time without notice or any liability to user or any person. ProguardWorkwear shall have complete discretion over the features, functions and other terms and conditions on which the Website and the service is made available.


5. Intellectual Property Rights

5.1 Reservation of title
user acknowledges that these Terms of Use do not convey and that it derives no right, title or interest in or to any Intellectual Property Rights that vest or subsist in or relate to the Website and/or the services provided other than pursuant to the express authorisation set out in clause 4.1. ProguardWorkwear grants user a limited revocable licence to access and use the Website and the service for its intended purposes, subject to users compliance with these Terms of Use. This licence does not include the right to collect or use information contained on the Website for purposes prohibited by ProguardWorkwear; to compete with Piki Print; to create derivative works based on the layout or design, look-and-feel, or structure of the Website; or download or copy the Website (other than page caching). If user uses the Website in a manner that exceeds the scope of this licence or if it breaches these Terms of Use, ProguardWorkwear may revoke the licence and deny access to and use of the Website.

5.2 Prohibition on infringement
User acknowledges and agrees that ProguardWorkwear does not permit, authorise or condone and hereby expressly prohibits user from accessing or using the Website and/or the services in a manner that infringes, or is likely to infringe, the Intellectual Property Rights, or any other rights or privileges, of any person anywhere in the world.

5.3 Derivative material
Subject to clause 5.2, user shall own any Intellectual Property Rights in any original material that it authors, designs or creates using the functionality provided by the Website. If the user chooses to add any item to a public gallery, In consideration of the authorisation granted under clause 4.1, User hereby grants to ProguardWorkwear an irrevocable, perpetual, non-exclusive, world-wide licence to do all acts and things (including to authorise other persons to do all acts and things) comprised within the said Intellectual Property Rights.


6. Registration

User Account, Password, and Security You will receive a password and account designation upon completing the Site's registration process. 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. You agree to (a) immediately notify ProguardWorkwear of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. ProguardWorkwear cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 6.


7. Warranties


7.1 Users warranties
User represents and warrants to ProguardWorkwear that, in its use of the Website and the Services provided, it:

 

 

  1. will not infringe the Intellectual Property Rights, trade secrets, rights of privacy, rights of publicity or other legal right of any person, and
  2. will comply with all applicable laws, rules, and regulations.
  3. User further represents and warrants to ProguardWorkwear that:
  4. there are no claims, demands or any form of litigation pending, or to the best of its knowledge, threatened with respect to any content used or proposed to be used by user;
  5. ProguardWorkwear will not be required to make any payments or compensation to any person in connection with its use of such content; and
  6. such content does not contain viruses or any other programs or technology which disrupts or damages the Website and/or the Services provided.

 


7.2 ProguardWorkwears warranties
ProguardWorkwear represents and warrants that it has the right to grant access to and license the use of the Website and services to user subject to and in accordance with these Terms of Use.

7.3 Caveats

 

  • ProguardWorkwear provides the Website and Services on an "as is" and "as available" basis. Nothing in these Terms of Use shall or may be construed as a representation or warranty by ProguardWorkwear that the functionality or operation of the Website and/or the services will:
    1. be uninterrupted or free of errors and inaccuracies;
    2. meet users requirements; or
    3. operate in the configuration or with the hardware or software used by user.
  • User acknowledges and agrees that the Website and the service (as with technology generally), may have errors (or bugs) and may encounter unexpected problems. Accordingly, user may experience downtime and errors in the use or operation of the Website and/or services provided.
  • ProguardWorkwear does not and cannot control the flow of data and information through the internet, and such flow depends on the performance of persons and entities whose actions or inactions may produce situations in which connections to the internet (or portions thereof) are impaired or disrupted and for which ProguardWorkwear is not liable.
  • ProguardWorkwear does not warrant that any data, information or other content provided on the Website, whether concerning any goods or services or any other subject, is complete or accurate.

 


7.4 Exclusion of implied warranties
SUBJECT ONLY TO CLAUSE 8.1, ALL CONDITIONS, WARRANTIES, REPRESENTATIONS, INDEMNITIES AND GUARANTEES WITH RESPECT TO THE WEBSITE AND/OR ANY OTHER GOODS OR SERVICES THAT MAY BE PROVIDED BY ProguardWorkwear, THAT WOULD OTHERWISE BE IMPLIED BY STATUTE, LAW, EQUITY, TRADE CUSTOM, PRIOR DEALINGS BETWEEN THE PARTIES OR OTHERWISE (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, SUITABILITY, FITNESS FOR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT) ARE HEREBY EXPRESSLY EXCLUDED.

7.5 No representation or reliance
(a) User acknowledges that neither ProguardWorkwear nor any person acting on Piki Prints behalf has made any representation or other inducement to user to enter into these Terms of Use, except for representations or inducements expressly set out in these Terms of Use.
(b) User acknowledges and confirms that it does not enter into these Terms of Use in reliance on any representation or other inducement by or on behalf of ProguardWorkwear, except for representations or inducements expressly set out in these Terms of Use.


8. Exclusion and Limitation of Liability

8.1 Subject to law
Nothing contained in these Terms of Use excludes, restricts, limits or modifies any:
(a) implied condition, warranty or other term of these Terms of Use where pursuant to applicable law to do so is unlawful or void; or
(b) liability in respect of a breach of these Terms of Use where pursuant to applicable law to do so is unlawful or void; or
(c) liability for fraud or deceit; or
(d) liability for death or personal injury caused by the negligence of either party.

8.2 Exclusion of liability
Subject only to Clause 8.1, in no event shall ProguardWorkwear be liable to user or to any person under or in connection with these Terms of Use or in respect of the use of (or failure or performance of) the Website and/or the services provided for:
(a) malfunctions, failures, defects, acts or omissions or any other default or liability caused directly or indirectly by:

 

  1. any third party;
  2. actions of user that were not expressly authorised by ProguardWorkwear;
  3. accident, misuse or abuse by anyone other than ProguardWorkwear;
  4. alteration or modification of the Website and/or the service, or any component or part of the Website and/or the service provided, by anyone other than ProguardWorkwear;
  5. products (including any hardware or software) or services not licensed or supplied by ProguardWorkwear;
  6. power surge or failure,
  7. events of force majeure or events outside ProguardWorkwears actual control; or
  8. any other condition not arising under normal operating conditions;


(b) any loss, cost, damage or expense of any nature arising or caused directly or indirectly by any breach of users obligations or responsibilities set out in these Terms of Use;
(c) any loss of profit, business interruption, loss of or damage to goodwill, and/or any expectation benefit;
(d) Subscribers liability to any person; or
(e) incidental, indirect, consequential, special, exemplary or punitive damages of any nature, whether such liability is asserted on the basis of common or civil law or in equity, including pursuant to any statute, contract, tort (including negligence or strict liability) or otherwise and notwithstanding that ProguardWorkwear has been advised of the possibility of any particular loss or damage.

8.3 Links
ProguardWorkwear may, in its sole and unfettered discretion, and without users consent, place links on the Website to other websites that are owned or operated by other persons. User acknowledges and agrees that ProguardWorkwear is not responsible for the operation of or content located on any such website, and ProguardWorkwear cannot and does not warrant that the content of such websites is accurate, complete, legal and/or inoffensive. By choosing to link to these other websites, user acknowledges and agrees that it may not make any claim against ProguardWorkwear for any damages or losses of any kind arising from the other website and/or the link.

8.4 Limitation of liability
Subject to Clause 8.1, and except to the extent specifically excluded under Clause 8.2 or elsewhere in these Terms of Use, ProguardWorkwear's sole liability to Subscriber for any and all breaches of any term or terms of these Terms of Use, whether express or implied, shall be limited to the substitution or replacement of any product or service that has been ordered and paid for by Subscriber using the Website.

8.5 Indemnity User shall indemnify and hereby releases unconditionally ProguardWorkwear , without set off or adjustment, against and from any liability, loss, cost, expense or damage, including all legal fees, arising from or relating to: (a) its use of the Website and/or services and/or the media or content posted or uploaded by it, including any alleged or actual violation of any law directly or indirectly arising from such use; (b) any breach or alleged breach by it of these Terms of Use; (c) the misuse or misappropriation of the said media or content; and (d) any infringement or alleged infringement by user of any persons Intellectual Property Rights, rights of privacy or publication, or otherwise anywhere in the world.


9. Termination

9.1 Termination
(a) At any time and with or without cause, ProguardWorkwear may immediately terminate either these Terms of Use or any or all rights and privileges granted to user hereunder, including suspending users access to and/or use of the Website and/or the Services provided by ProguardWorkwear. In no event shall any such termination or suspension by ProguardWorkwear relieve user of any obligation that has accrued under these Terms of Use prior to the date of such termination or suspension.
(b) user may terminate these Terms of Use at any time by ceasing to enter the website and using the services

9.2 Effect of termination
(a) On any expiry or termination of these Terms of Use, ProguardWorkwear may delete any websites, web pages, files, graphics, media or other content or material relating to users use of the Website and/or the Services provided and ProguardWorkwear shall have no liability to user or any person for doing so.
(b) The expiry or termination of these Terms of Use shall not prejudice or affect any cause of action, right, remedy or defence which shall have accrued or shall thereafter accrue to either party.


10. General

10.1 Severability
If a clause or any part of any clause of these Terms of Use or a right or remedy of a party under these Terms of Use, is found to be void, invalid or unenforceable by any court or tribunal having jurisdiction in respect of these Terms of Use, then:
(a) it shall be read down or severed in that jurisdiction only to the extent that it is void, invalid or unenforceable; and
(b) it does not effect the validity or enforceability of that term or clause in another jurisdiction or the remaining terms or clauses in any jurisdiction.

10.2 Variation
ProguardWorkwear may amend unilaterally these Terms of Use in its sole and unfettered discretion at any time, and user hereby agrees to abide by and be fully bound by such amended terms. The amended terms shall be effective automatically and immediately once they are posted on the Website, and user's continued access and use of the Website and the Services on or after such effective time constitutes the user's unequivocal and unconditional acceptance of the amended terms. These Terms of Use may not be otherwise amended. If user does not agree to any amendments to these Terms of Use or to any of the current terms, its only right and remedy is to cease using the Website and the ProguardWorkwear services.

10.3 Waiver
A waiver, consent, election or acquiescence given by a party under these Terms of Use is only effective and binding on that party if it is given or confirmed in writing by that party.

10.4 Assignment
(a) ProguardWorkwear may at any time transfer, assign, novate or otherwise dispose of any or all of its rights or obligations under these Terms of Use on giving user no less than five (5) days notice in writing.

10.5 Governing Law and Jurisdiction
(a) These Terms of Use shall be governed by and construed in accordance with the law in force for the time being in United Kingdom (without regard to its conflict of law rules).
(b) Each party irrevocably submits to the exclusive jurisdiction of the courts of Delaware, and the courts competent to determine appeals from those courts, with respect to any proceedings that may be brought at any time relating to these.

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