Terms and Conditions

Definitions

"Company" or "TidyWare" or "Us" or "We" means Tidyware UK Ltd registered at Edwinstowe House, Edwinstowe, Nottinhamshire, NG21 9PR, United Kingdom / TidyEcommerce, Tidy Web Design, TidyV4, TidyCart, TidyWare, TidyTees, LineDancer-UK, TeeTransfers are all trading names of TidyWare UK Ltd.
"Service" or "Services" or "System" means any service licensed from TidyWare UK Ltd such as a TidyV3 Ecommerce system, TidyV4 Ecommerce System, TidyCart, Design Services, Custom Coding, Custom Graphics, Hosting, Email, SEO, Support
"TidyCart" means the shopping cart
"Customer" or "Merchant" or "You" means the individual or company using any of our services. Currently logged in as: TeeTransfers.co.uk
"Network" means the servers TidyWare UK Ltd services reside on
"This Website" means any website under license from TidyWare UK Ltd

 

In signing up for any service from TidyWare UK Ltd, you are indicating that you have read and fully understand this agreement and agree to be bound by the terms and conditions detailed below. If you do not agree with these terms and conditions then you must not use ANY OF THE TIDYWARE UK LTD services. If you are already using it, then you must stop immediately. ANY CUSTOMER IN BREACH OF THESE TERMS AND CONDITIONS WILL HAVE THEIR SERVICES TERMINATED BY TIDYWARE UK LTD. NO NOTICE WILL BE GIVEN.

1. Your Responsibility

1. You must not use any of our services for criminal purposes
2. Any service must not be used for anything offensive, obscene, defamatory, libellous, pirated, racist or anything which breaks copyright or trademark law.
3. Any service must not be used for so called 'Adult' websites or any website involved with pornography or sex toys.
4. You must not attempt to offer items to customers which are prohibited by the law under which you reside, or the law under which the customer may reside.
5. You must not use any service to obtain email addresses for the purpose of sending unsolicited emails to.
6. You must deliver the goods for which your customers have paid, within a reasonable amount of time, or otherwise offer a refund.
7. You must ensure that the details which you use to sign up to any service are valid and up to date.
8. You will be responsible if you use this website or service in breach of these terms of use and will reimburse us for any loss that you cause to us as a result of your misuse.
9. You will not rely on TidyCart to determine the outcome of a transaction. TidyCart relies on a Payment Service Provider sending a message to the TidyCart servers containing the outcome of a transaction. If this message is lost. TidyCart will not know the outcome of the transaction. You must use the services provided to you by your Payment Service Provider to determine the outcome of an order. In certain circumstances, the status displayed in TidyCart may be incorrect.
10. You should always check the admin system of your Payment Gateway to ensure you have successfully received the correct payment amount before despatching any goods. You must not rely on TidyCart for this.
11. Any of our services must not be used for the selling of pharmaceuticals or medicines whether prescription or non-prescription e.g. Viagra.
12. The details in "My Account" of the cart will appear on confirmation emails sent to your customers. These details must be valid and you must respond within a reasonable time to any customer requests regarding their purchases.
13. You must provide methods of communication for your customers to contact you. If your customers are forced to contact us because they are unable to contact yourselves then we will warn you of this. Failure to act on this warning within a reasonable amount of time will result in your cart being closed and any services disabled.
14. You must ensure that your website is protected against denial of service attacks and that all traffic to your website is screened by your hosting company or isp to prevent such an attack. If large amounts of traffic (whether or not related to a Denial of Service attack) originating from your website is being sent to the cart then we reserve the right - WITH NO NOTICE - to close the cart until such traffic has ceased. 'Large Amounts' is defined as in excess of the total traffic being received from the top 3 busiest carts (which are not in any way connected with yourselves) added together.
15. You must ensure all username and passwords are securely protected.

2. Our Responsibility

1. We will not be responsible for any losses resulting from your use or the inability to use our website or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances which are beyond our control.
2. We will not be responsible for your loss of profits, wasted expenditure, corruption or destruction of data or any other loss however caused.
3. We make no promise that our website will be uninterrupted or entirely error free. Because of the nature of the Internet, the TidyCart service is provided on an "as is" and "as available" basis. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control.

3. Backup of Data

1. The Data held on the TidyWare servers is held solely at your own risk. You understand that you should regularly make your own backups of the data - such as: images, content, orders, passwords.
2. If for whatever reason, the data held on our servers is lost then although we may try to restore the most recent backup of the data, we are under no obligation to do so, and are in no way responsible for any losses caused by the lost data, whether financial or otherwise.

4. General

1. We endeavour to respond to complaints within five working days.
2. We may change or withdraw any part of our website, or may refuse you access to the website at any time if we consider it necessary.
3. These terms are governed by the laws of England and Wales and any disputes will be decided only by the courts of England and Wales.
4. All errors and omissions are excepted.
5. If you are in breach of these terms and conditions you will not be refunded any monies you have paid.
6. Usage of the TidyWare UK Ltd system is subject to 'reasonable use' If a merchants is using disproportionate resources on our systems. i.e. in excess of what we would consider to be normal, then we reserve the right to stop providing all services to that merchant. In such cases we would offer a refund of the unused part of any remaining subscription & hosting.

6. Cancellation of Service

1. After purchasing a pre-coded upgrade from TidyWare UK Ltd. the merchant has, as per UK Law, seven working days to cancel the contract which will result in a full refund of the amount paid for the upgrade(s). No refund will be paid for upgrades cancelled more than seven days after purchase.
2. NO REFUNDS will be given on any custom coding or custom development or custom graphics.

7. Disclaimer of Warranty

1. THE SERVICE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED.
2. In particular, TidyWare UK Ltd. cannot be held liable for loss of information, loss of sales or monies, credit card fraud, incorrect product prices, missing sales information or any other consequential loss which occurs by the use of our software. However TidyWare UK Ltd. will take such steps as is deemed reasonable (by TidyWare UK Ltd.) to ensure that such errors should not occur under normal use.
3. If any attempt is made to disassemble, reverse engineer, or alter in any way any software or website belonging to TidyWare UK Ltd., this licence is immediately terminated and you must immediately stop using ALL OF TIDYWARE UK LTD SERVICES.
4. The software, web pages, website databases, any associated programmes or scripts (asp, php, cfm, pl, js etc) are owned by TidyWare UK Ltd. The user is licensed to use these products.
5. No FTP access, or ANY access to source coding, ROOT, SU, Administrator Access will be avialable to YOU or any OTHER party, unless otherwise agreed in writing from us.
6. The intellectual property of all software, websites, scripts and databases is owned by TidyWare UK Ltd
7. NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE IS OFFERED.
8. ANY LIABILITY OF THE SELLER WILL BE LIMITED EXCLUSIVELY TO SERVICE REPLACEMENT OR REFUND OF SUBSCRIPTION FOR THE AFFECTED PERIOD UP TO A MAXIMUM OF 1 YEAR.
9. IN USING ANY OF OUR SYSTEMS, YOU AGREE THAT TidyWare UK Ltd CANNOT BE HELD RESPONSIBLE FOR ANY LOSS HOWEVER CAUSED WHETHER THROUGH NEGLIGENCE OR OTHERWISE.
    

8. Web Site Hosting and Email Hosting

1. We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Server and we shall have no liability for any loss or damage to any data stored on the Server.
2. You shall effect and maintain adequate insurance cover in respect of any loss or damage to data stored on the Server.
3. You represent, undertake and warrant to us that you will use the Web Site allocated to you only for lawful purposes. In particular, you represent, warrant and undertake to us that.
4. You will not use the Server in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will you authorise or permit any other person to do so.
5. You will not post, link to or transmit:

   1. any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, blasphemous, profane or otherwise objectionable in any way.
   2. any material containing a virus or other hostile computer program.
   3. any material which constitutes, or encourages the commission of, a criminal offence or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction.

6. You will not send bulk email whether opt-in or otherwise from our network. Nor will you promote a site hosted on our network using bulk email.
7. You will not employ programs which consume excessive system resources, including but not limited to processor cycles and memory.
8. We reserve the right to remove any material which we deem inappropriate from your web site without notice. We do not host Warez or illegal MP3 content.
9. You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorised use of your account or breach of security, including loss, theft or unauthorised disclosure of your password or other security information.
10. You shall observe the procedures which we may from time to time prescribe and shall make no use of the Server which is detrimental to our other customers.
11. You shall procure that all mail is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner.
12. In the case of an individual User, you warrant that you are at least 16 years of age and if the User is a company, you warrant that the Services will not be used by anyone under the age of 16 years.
13. Any access to other networks connected to TidyWare UK Ltd must comply with the rules appropriate for those other networks.
14. While we will use every reasonable endeavour to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorised users or hackers and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email.

9. Payment

1. All charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us on our web site and shall be due and payable in advance of our service provision. We reserve the right to change pricing at any time although all pricing is guaranteed for the period of pre payment.
2. Payment is due each anniversary month, quarter or year following the date the Services were established until closure notice is given. If you choose to pay by credit or debit card you authorise TidyWare UK Ltd to debit your account renewal fees from your card.
3. All payments must be in UK Pounds Sterling (GBP)
4. If your cheque is returned by the bank as unpaid for any reason, you will be liable for a "returned cheque" charge of ?25.00.
5. Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled forthwith to suspend the provision of Services to you.
6. If an account goes unpaid for at least ten days, a late payment fee of 10% of the invoice value or ?5.00, which ever is the greater amount, will be applied.
7. If an account goes unpaid for at least ten days, the account and its associated services are suspended.
8. Once an account has a suspended status, Access to any information or service is explicitly denied. All files, databases and other content including the account itself is permanently deleted after ten days of account suspension.
9. If an account goes unpaid for at least 17 days, the account will be terminated, services will be terminated, email accounts and backups will be removed from our servers IMMEDIATELY.

10. Termination

1. If you fail to pay any sums due to us as they fall due, we may suspend the Services and/or terminate this Agreement forthwith without notice to you.
2. If you break any of these terms and conditions we may suspend the Services and/or terminate this Agreement forthwith without notice to you.
3. If you are a company and you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors, we shall be entitled to suspend the Services and/or terminate this Agreement forthwith without notice to you.
4. No refunds will be made for Services suspended.
5. No refunds will be made for unused pre paid Services.
6. We reserve the right to suspend the Services and/or terminate this Agreement at any time.
7. You may cancel the Services at any time.