Terms and Conditions
Last updated: February 07, 2022
Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
1.1. The words of which the initial letter is capitalized have meanings defined under the following conditions.
1.2. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
2.1. Agreement means the contract for the licensing of the use of any Data, Website or Application, or the provisioning of the Services incorporating these Terms and Conditions, and any terms agreed and recorded in the Order Form.
2.2. Application means the software program provided by the Company downloaded by You on any electronic device, named Request Shed™
2.3. Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.
2.4. Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
2.5. Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Red Shed Media Ltd, The Union Building, 51-59 Rose Lane, Norwich. NR1 1BY.
2.6.Country refers to: United Kingdom
2.7. Customer means the individual, partnership, body corporate or other undertaking purchasing and receiving the Services and/or using any of the Company’s Applications or Websites and includes their personal representatives or their successors (as the case may be).
2.8 Data means information of any kind, however represented whether comprising words, database entries, numbers, graphs, maps, pictures or otherwise in any form and on any media and whether or not property of the Company.
2.9. Device means any device that can access the Service such as a computer, a mobile phone or a digital tablet.
2.10. Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
2.11. Order Form shall mean any document outlining and detailing the Service to be provided to the Customer including the term and any Renewal Term.
2.12. Renewal Term means any right right to renew the term as set out in the Order Form (if any).
2.13. Service refers to any Application or Website related/owned by the Company.
2.14. Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
2.15. Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
2.16. You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
3.1. These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
3.2. Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
3.3. By the Customer either placing an order through the website of the company, in writing, by email, telephone or by accessing or using the Service You agree to be bound by these Terms and Conditions. The Customer shall be deemed to accept these Terms and Conditions when the Customer places an order with the company. If You disagree with any part of these Terms and Conditions then You may not access the Service.
3.4. You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
4.1. Following the Agreement coming into existence between the parties in accordance with Clause 3 the Company shall provide the Services set out in the Order to the Customer in accordance with the Agreement.
4.2. The Company shall use reasonable endeavours to provide the Services using reasonable skill and care.
5.1. Whilst the Company has endeavoured in both the collation of the Data and the provision of the Services to ensure the accuracy of the Data or Services the nature of the Data and Services (as the Customer accepts and acknowledges) is such that:-
5.1.1. In the collation of Data and the provision of the Services the Company often has to rely on information provided by the Customer or Third Party and such information may have been incorrectly provided by a Customer or Third Party.
5.2. The Company shall not be liable whether in tort (including for negligence or breach of statutory duty) contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business depletion of goodwill and/or similar losses or loss or corruption of date or information, pure economic loss or for any special indirect or consequential loss, costs, damages, charges or expense however arising under this agreement but nothing in this agreement excludes the liability of the Customer for death or personal injury by the Company’s negligence or for fraud or fraudulent misrepresentation.
5.3. Subject as expressly provided in this Agreement, all warranties, conditions or other terms implied by the statute or common law are excluded to the fullest extent permitted by law.
5.4. The Customer is liable and responsible for any Data captured by the Application or Website of any kind (in any way whatsoever) that is subsequently downloaded or extracted from Our Services.
5.5. The Customer is responsible for any loss or damage caused by any Third Party or other Customer’s reliance on the information/Data provided by the Customer.
5.6. Access to any Application or Website, Company server or device provided by the Company is dependant upon availability of the worldwide web and the Company accepts no responsibility for the inability of the Customer or the public generally to access the Application, server or Website arising out of the circumstances beyond the Company’s reasonable control.
5.7. The Company cannot and does not accept any responsibility for any inconvenience, loss or distress which may arise as a result of the Customer’s inability to use the App, Website or any other device, Company server or the interruption, suspension, modification alteration or termination of the Application, Website or any other device.
5.8. The Customer is solely responsible for any loss or damage caused by cancellation or Termination in accordance with clause 9.
5.9. The Company does not warrant that any Application, Website or device provided by the Company is free from viruses, bugs, harmful components or that defects will be corrected but the Company will use its reasonable endeavours to ensure that the devises are free from such viruses and harmful components.
5.10. To the fullest extent permissible by law, the Company excludes and disclaim all warranties, terms, conditions and representations that might otherwise be implied by law in relation to this Application, Website, Data and any other devices.
6. Intellectual Property
6.1. The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.
6.2. The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
6.3. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
7.Your Feedback to Us
7.1. You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and licence to use, reproduce, disclose, sub-licence, distribute, modify and exploit such Feedback without restriction.
8. Links to Other Websites
8.1. Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
8.2. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company 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 the use of or reliance on any such content, goods or services available on or through any such web sites or services.
8.3. We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
9.1. We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
9.2. Upon termination, Your right to use the Service will cease immediately.
10. Limitation of Liability
10.1. Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 GBP if You haven’t purchased anything through the Service.
10.2. To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
10.3. Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
10.4. “AS IS” and “AS AVAILABLE” Disclaimer
10.4.1. The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
10.5. Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
10.6. Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
11. Governing Law
11.1. The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
12. Disputes Resolution
12.1. If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
13. For European Union (EU) Users
13.1. If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
14. United States Legal Compliance
14.1. You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
15. Severability and Waiver
15.1.1. If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
15.2.1. Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
16. Translation Interpretation
16.1. These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
17. Changes to These Terms and Conditions
17.1. We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
17.2. By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
18. Contact Us
18.1. If you have any questions about these Terms and Conditions, You can contact us:
18.2. By email: firstname.lastname@example.org
18.3. By visiting this page on our website: https://www.request-shed.com/contact