LAST UPDATED: [11.26.2020]
In using this website you are deemed to have read and agreed to the following terms and conditions:
The following terminology applies to these Terms and Conditions, Privacy Statement and any disclaimer Notice: “Client”, “You” and “Your” refers to you, the person accessing this website (poemsandoccasions.com or “Site”) and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “PoemsandOccasions”, “We” and “Us”, refers to Poems and Occasions. “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 for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services and products, in accordance with and subject to, prevailing English Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
1.1 The Services provide you the capability to order, subscribe to and receive the delivery of various magazines, books, news, magazine and publication-related content (collectively known as “Publications”). PoemsandOccasions reserves the right to immediately terminate your access to the Site or Services, if you do not comply with these Terms. The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the Terms and conditions.
- Privacy Statement
2.1 We are committed to protecting your privacy. Authorised employees within the company on a need to know basis only use any information collected from individual Clients. We constantly review our systems and data to ensure the best possible service to our Clients. There are specific offences for unauthorised 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. You may request to view the information we hold about you by completing a Subject Access Request form. We shall provide such information within 30 days.
- Notification of Changes
3.1 PoemsandOccasions shall have the right at any time to change or modify the terms and conditions applicable to User’s use of Site, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on Site, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of Site by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.
4.1 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 employees and if legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all client records we keep, on the proviso that we are given reasonable notice of such a request. 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.
4.2 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.
- Fees for Services
5.1 You agree to pay to PoemsandOccasions any fees for each Service you purchase or use, in accordance with the pricing and payment terms presented to you for that Service. Where applicable, you will be billed using the billing method you select through the checkout. Fees paid by you are non-refundable, except as provided in these Terms or when required by law.
- Price Changes
6.1 PoemsandOccasions may change the fees charged for the Services at any time, but will provide you with reasonable prior written notice of any change in fees before the change becomes effective.
- Ownership and Intellectual Property
7.1 Neither these Terms nor your use of the Services grants you ownership in the Services or the content you access through the Services (other than your Content). These Terms do not grant you any right to use PoemsandOccasions’ trademarks or other brand elements.
7.2 The Services display content provided by third parties which is not owned by PoemsandOccasions. Such third party content is the sole responsibility of the entity that makes it available. Correspondingly, you are responsible for your own Content and you must ensure that you have all the rights and permissions needed to use that Content in connection with the Services.
7.3 PoemsandOccasions is not responsible for the accuracy, content, usefulness, or intellectual property rights of or relating to such Third Party Content. You further understand and acknowledge that you may be exposed to Third Party Content that is inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby does waive, any legal or equitable rights or remedies you may have against PoemsandOccasions with respect thereto. PoemsandOccasions does not endorse any Third Party Content or any opinion, recommendation or advice expressed therein, and PoemsandOccasions expressly disclaims any and all liability in connection with Third Party Content. If notified by a content owner of Third Party Content that allegedly does not conform to these Terms, PoemsandOccasions may investigate the allegation and determine in its sole discretion whether to remove the Third Party Content, which it reserves the right to do at any time and without notice. For clarity, PoemsandOccasions does not permit copyright infringing activities on the PoemsandOccasions Service
- Acceptable Uses
8.1 Legal Compliance
8.1.1 You must use the Services in compliance with, and only as permitted by, applicable law.
8.2 Your responsibilities
8.2.1 You are responsible for your conduct, Content, and communications with others while using the Services. You must comply with the following requirements when using the Services:
126.96.36.199 You may not misuse our Services by interfering with their normal operation, or attempting to access them using a method other than through the interfaces and instructions that we provide.
188.8.131.52 You may not circumvent or attempt to circumvent any limitations that PoemsandOccasions imposes on you or your use of the website.
184.108.40.206 Unless authorised by PoemsandOccasions in writing, you may not probe, scan, or test the vulnerability of any PoemsandOccasions system or network.
220.127.116.11 You may not deny others access to, or reverse engineer, the Services, or attempt to do so.
18.104.22.168 You may not transmit any viruses, malware, or other types of malicious software, or links to such software, through the Services.
22.214.171.124 You may not engage in abusive or excessive usage of the Services, which is usage significantly in excess of average usage patterns that adversely affects the speed, responsiveness, stability, availability, or functionality of the Services for other users. PoemsandOccasions will endeavour to notify you of any abusive or excessive usage to provide you with an opportunity to reduce such usage to a level acceptable to PoemsandOccasions.
126.96.36.199 You may not use the Services to infringe the intellectual property rights of others, or to commit an unlawful activity.
188.8.131.52 Unless authorised by PoemsandOccasions in writing, you may not resell or lease the Services.
184.108.40.206 You may not modify, adapt, translate or create derivative works based upon the Service or any part thereof.
220.127.116.11 You may not remove, obscure, block, hide or otherwise alter the display of any advertising (or any parts or aspects thereof), PoemsandOccasions brand elements, including logos, trademarks, service marks or other materials displayed by PoemsandOccasions in connection with the Service in any manner whatsoever.
- Suspension and Termination of Services
9.1 PoemsandOccasions may limit, suspend, or stop providing the Services to you if you fail to comply with these Terms (such as a failure to pay fees when due), or if you use the Services in a way that causes liability to us or disrupts others’ use of the Services. PoemsandOccasions may also suspend providing the Services to you if we are investigating suspected misconduct by you. However, there may be time sensitive situations where PoemsandOccasions may decide that we need to take immediate action without notice.
10.1 You agree to indemnify and hold PoemsandOccasions, its officers, directors, shareholders, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including solicitors’ fees), made against PoemsandOccasions by any third party due to or arising out of or in connection with your use of the Service and the Site.
- Disclaimers and Limitations of Liability
11.1 Disclaimer of Warranties
11.1.1 POEMSANDOCCASIONS DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. POEMSANDOCCASIONS CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. POEMSANDOCCASIONS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. POEMSANDOCCASIONS DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY POEMSANDOCCASIONS SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST POEMSANDOCCASIONS FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
11.1.2 The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorised access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
11.2 Limitation of Liability and Damages
11.2.1 To the maximum extent permitted by law, in no event will PoemsandOccasions be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if PoemsandOccasions has been advised of the possibility of such damages.
11.2.2 If, notwithstanding the other provisions of these Terms, PoemsandOccasions is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, PoemsandOccasions’ liability shall in no event exceed the greater of (1) the total of any fees with respect to any Service or feature of or on the Site paid in the six months prior to the date of the initial claim made against PoemsandOccasions, or (2) £100.00.
- Force Majeure
12.1 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, terrorism, 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 endeavours to comply with the terms and conditions of any Agreement contained herein.
13.1 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.
- Violation of These Terms
14.1 PoemsandOccasions reserves the right at all times to disclose any information that PoemsandOccasions deems necessary to comply with any applicable law, regulation, legal process or governmental request. PoemsandOccasions also may disclose your information when PoemsandOccasions determines that applicable law requires or permits such disclosure, and may also disclose such data if required to do so by law or PoemsandOccasions determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of PoemsandOccasions, its employees, users of or visitors to the Site, and the public. You also agree that any violation by you of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to PoemsandOccasions, for which monetary damages would be inadequate, and you consent to PoemsandOccasions obtaining any injunctive or equitable relief that PoemsandOccasions deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies PoemsandOccasions may have at law or in equity.
14.2 If PoemsandOccasions does take any legal action against you as a result of your violation of these Terms, PoemsandOccasions will be entitled to recover from you, and you agree to pay, all reasonable solicitors’ fees and costs of such action, in addition to any other relief granted to PoemsandOccasions. You agree that PoemsandOccasions will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms.
- Governing Law; Dispute Resolution
15.1 The laws of England and Wales govern these terms and conditions. By accessing this website and using our services or buying our products you consent to these terms and conditions and to the exclusive jurisdiction of the English 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 authorised representatives of the Company