E-Commerce Terms & Conditions

By visiting this website for OurCareBooks you are deemed to have read and agreed to the following terms and conditions.  We do not keep, sell, or give your private information to anyone; however, the people of the world are allowing everyone else to do so.

Please read these Terms & Conditions carefully before agreeing to be bound by the same. If you do not agree to be bound by the Terms & Conditions, do not access or use this Website.

By using this Website or by placing any purchase orders using the Website, you agree to abide by the terms and conditions set forth herein. Only upon acceptance of the terms contained herein, you will be entitled to submit electronic orders. Any violation of the terms will result in termination of your account.

This website is not intended for persons under 18 years of age.

The following terminology applies to these Terms & Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Website” , “Ourselves”, “We” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing American Law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Account Terms

By registering with this Website you can access or view the prices, product inventories, and submit purchase orders electronically. You are responsible for using the Website in a private and secure manner. We will not be liable for any damage or loss caused from any unauthorized account access resulting from your actions, such as not logging out of the account or sharing your account password. We reserve the right to refuse registration or cancel an account at any time.

Acceptable Use

You shall not do any of the following or permit any other third parties to do any of the following:

(a)     Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, bullying, pornographic, or profane information of any kind, including, without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offense, give

rise to civil liability, or otherwise violate any local, provincial, state, national or international law, including without limitation, export control laws and regulations;

(b)   Post or transmit any information or software that the sender is aware contains a virus, worm, or other harmful component;

(c)     Upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material which is protected by copyright or other proprietary right, without obtaining the permission of the copyright owner or right holder;

(d)   Account sharing, including, without limitation, letting third parties use your account and password.

Privacy Statement

We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. Laws have been created with specific offences for unauthorized actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible

Confidentiality

We are registered under the Data Protection Act 1998 and as such, any information concerning the Client and their respective Client Records may be passed to third parties. However, Client records are regarded as confidential and therefore will not be divulged to any third party, other than our manufacturers and supplies for shipment of your products(s) and if legally required to do so to the appropriate authorities. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.

We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.

Disclaimer

Exclusions and Limitations

The information on this web site is provided on an “as is” basis. To the fullest extent permitted by law, this Company:

• excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and
• excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

None of your statutory rights as a consumer are affected.

Modification of these Terms & Conditions:

This Company reserves the right to change or modify any of the terms contained in these terms & conditions, at any time. Any such modifications or changes will immediately become effective upon posting of such changes. Your continued access or use of this Website will imply your full acceptance of the same. You are therefore responsible for regularly reviewing these Terms & Conditions and additional terms or notices posted on the Website.

Payment

You agree to pay the full price for all Products you purchase from the Website. We reserve the right to charge extra charges for your credit card, Stripe, or PayPal account for any products purchased from the Website. You are responsible for the timely payment of all fees and for providing us with a valid credit card, Stripe, or PayPal account details for payment of all fees.

Electronic Communications

When you visit the Website or send any emails to us, you will be communicating electronically with us. By such electronic communication you agree to receive such communications from us electronically. You acknowledge that your electronic submissions constitute your agreement and your acceptance to be bound by and to pay for such agreements and transactions. Your agreement and intent to be bound by electronic submissions applies to all transactions you enter into on the Website, and all records including notices of cancellation, policies, contracts, and applications.

Cash or Personal Check with Bankers Card, all major Credit/Debit Cards, Stripe, PayPal, Bankers Draft or BACS Transfer are all acceptable methods of payment. Our Terms are payment in full prior to services or products rendered. All goods remain the property of the Company until paid for in full. Monies that remains outstanding by the due date will incur late payment interest at the rate of 18% per year as is the customary base rate on the outstanding balance until such time as the balance is paid in full and final settlement. We reserve the right to seek recovery of any monies remaining unpaid sixty days from the date of invoice via collection Agencies and/or through the Small Claims Court. In such circumstances, you shall be liable for any and all additional administrative and/or court costs.

Returned checks will incur a $100 charge to cover banking fees and administrative costs. In an instance of a second Returned check, we reserve the right to terminate the arrangement and, if agreed to, we shall insist on future cash transactions only. Consequently, all bookings and/or transactions and agreements entered into will cease with immediate effect until such time as any and all outstanding monies are recovered in full.

You agree to pay the full price for all Products you purchase from the Website. We reserve the

right to charge extra charges for your credit card, Stripe, or PayPal account for any products purchased from the Website. You are responsible for the timely payment of all fees and for providing us with a valid credit card, Stripe, or PayPal account details for payment of all fees.

Cancellation Policy

Minimum 24 hours notice of cancellation required. Notification for instance, in person, via email, mobile phone ‘text message’ and/or fax, or any other means will be accepted subject to confirmation in writing. We reserve the right to levy a $100 charge to cover any subsequent administrative expenses.  Payment for used days will be deducted from the original amount paid to calculate the Refund.

Termination of Agreements and Refunds Policy

Both the Client and ourselves have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to us which constitute payment in respect of the provision of unused Services, shall be refunded.

Availability

Unless otherwise stated, the services featured on this website are only available within the United States, or in relation to postings from the United States. All advertising is intended solely for the United States market. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.

Log Files

We use IP addresses to analyze trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.

Cookies

Like most interactive web sites this Company’s website [or ISP] uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies.

Links to this website

You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.

Links from this website

We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

Copyright Notice and Licenses

Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of this website.

This Company’s logo is a registered trademark of this Company in the United States and other countries. The brand names and specific services of this Company featured on this web site are trademarked.

This Website and the entire contents contained on this Website, including but not limited to: text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, are the sole and exclusive property of this Company. All such contents and materials are protected by domestic and international copyright and trademark laws. You hereby agree not to modify, copy, reproduce, republish, upload, post, transmit, or distribute any portion of the Website or any contents contained on the Website without the prior expressed written consent of this Company.

License

This Company grants you a non-exclusive, non-transferable, limited license to access and make use of the contents or information available on the Website for your personal use and not to download or modify it, or any portion of it, except with the express written consent of this Company. You may not reproduce, duplicate, adapt, copy, sell, resell, transmit or otherwise exploit for any commercial purpose this Website or any portion of this Website without the express written consent of this Company.

You agree not to interrupt or attempt to interrupt the operation of the Website in any way.

This Company authorizes you to view and download the information and materials available on this Website only for your personal, non-commercial use. This authorization shall not constitute a transfer of title in and to the materials and is subject to the following restrictions: (a) you must retain, on all copies of the materials downloaded, all copyright and other proprietary notices contained in the materials; (b) you may not modify the materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose; and (c) you must not transfer the materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these terms and conditions.

Disclaimer of Warranty/Limitation of Liability:

THIS WEBSITE AND RELATED INFORMATION IS PROVIDED BY WEBSITE ON AN “AS IS” AND “AS AVAILABLE” BASIS. this Company MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND, OR AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, this Company DISCLAIMS ALL WARRANTIES,EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. This Company DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR EMAIL SENT FROM WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. this Company WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL,PUNITIVE, AND CONSEQUENTIAL DAMAGES.

WEBSITE USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THIS WEBSITE. This Company ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY TYPOGRAPHICAL OR OTHER ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE. IN THE EVENT THAT A PRODUCT IS LISTED AT AN INCORRECT PRICE OR WITH OTHER INCORRECT INFORMATION, this Company SHALL HAVE THE RIGHT TO REFUSE OR CANCEL ANY ORDERS PLACED FOR THE PRODUCT LISTED INCORRECTLY.

Third Party Links

For your convenience this Company may provide links to third party websites operated by other entities on the Website. If you use such third party sites, you will leave this Website. If you decide to visit any linked third party website, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. This Company does not make any warranty or representation regarding, and does not endorse, any linked websites or the information appearing thereon or any of the products or services described thereon. Any third party links do not imply that this Company sponsors, endorses, is affiliated or associated with any linked third party websites.

Communication

We have several different e-mail addresses for different queries. These, and other contact information can be found on our Contact Us link on our website or via Company literature or via the Company’s stated email.

Force Majeure

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any Agreement contained herein.

Applicable Law

By visiting the Website, you agree that the laws of the state of California, without regard to principals of conflict of laws, will govern these Terms & Conditions and any dispute of any sort that might arise between you and this Company.

Disputes

Any dispute relating in any way to your visit or access of the Website or to the products you purchase through the Website shall be submitted to binding arbitration in San Francisco county, California state. Arbitration under these Terms & Conditions shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Conditions of Use shall be joined to an arbitration involving any other party subject to these Conditions of Use, whether through class arbitration proceedings or otherwise.

Indemnification

You agree to indemnify, defend and hold harmless Website, its officers, directors, owners, partners, and employees.

Waiver

Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

General

The laws of the United States of America govern these terms and conditions. By accessing this website and using our services and buying our products you consent to these terms and conditions and to the exclusive jurisdiction of the United States courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorized representatives of the Company.

Notification of Changes

The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site customers’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis.

These Terms & Conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms & Conditions contained herein. Your statutory Consumer Rights are unaffected.

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