1.1 The definitions and rules of interpretation in this condition apply to these Terms and Conditions of Use in their entirety.
Buyer: the person, firm or company who purchases goods and or Servicess from the Company
Content: All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, digital media, videos, artwork and computer code.
Company: DMCubed LTD whose registered office is at
18 Gulistan Road,
Leamington Spa CV32 5LU,
trading on the Site as boostmd.pseudotube.com.
Contract: any contract between the Company and the Buyer for the sale and purchase of a service and /or Goods, incorporating these conditions.
Goods: any goods agreed in the Contract to be supplied to the Buyer by the Company (including any part or parts of them).
Servicess: any serviced agreed in the Contract to be supplied to the Buyer by the Company (including any part or parts of them).
Visitor: any person browsing the Site.
Payment: in US dollars, Pounds Sterling or Euros to the price of the Contract using either the PayPal payment service provider or universal payment gateway
The Site: boostmd.pseudotube.com
1.2 A reference to English Law is a reference to it as it is in force for the time being, taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation for the time being in force made under it.
1.3 Words in the singular include the plural and in the plural include the singular.
1.4 A reference to one gender includes a reference to the other gender.
2. APPLICATION OF TERMS
2.1 These Terms and Conditions of use apply to the Site and all Contracts made between the Buyer and the Company.
2.2 The formation, existence, construction, performance, validity and all aspects of the Contract shall be governed by English law and the parties submit to the exclusive jurisdiction of English Law, and agree to abide by any decision made by the English Courts in relation to any dispute, which may arise.
3. THE SITE
3.1 All Content including but not limited to the design, structure, selection, coordination, expression, 'look and feel' and arrangement of the Content, contained on the site is owned or controlled by the Company and to the extent permitted by English Law and the laws of any other applicable jurisdiction, is protected by copyright, patent and trademark laws.
3.2 Except as expressly provided in these Terms and Conditions of Use, no part of the Site or Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including mirroring) to any other computer, server, web site, or other medium for publication or distribution or for any commercial enterprise, without the express written consent of the Company.
4. LINKS TO OTHER SITES AND TO THE boostmd.pseudotube.com SITE
6.1 The quantity and description of the Goods and Servicess shall be as set out in the Company's acknowledgement of order.
6.2 All descriptive matter, specifications and advertising issued by the Company and any descriptions or illustrations contained on the Site are issued or published for the sole purpose of giving an approximate idea of the Goods and Servicess described in them. They shall not form part of the Contract and this is not a sale by sample.
8.1 Where the Goods are tangible rather than electronic or intangible, title will pass on payment of the Price.
9.1 Unless otherwise agreed by the Company in writing, the price for the Goods and or Servicess shall be the price set out on the Site, published on the date of delivery or deemed delivery.
10.1 Payment of the price of the goods is due in US dollars, Pounds Sterling or Euros.
11.2 The Company makes all commercially reasonable efforts to ensure that any emails sent to the Buyer are free of all known viruses but makes no warranty that any email is virus free. It is the responsibility of the Buyer to ensure that they are using suitable anti-virus and mal-ware protection software to protect their systems and to virus scan any emails it receives from the Company.
12. LIMITATION OF LIABILITY
12.1 The following provisions set out the entire financial liability of the Company (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Buyer in respect of.
(a) any breach of these conditions;
(b) any use made or resale by the Buyer of any of the Goods and or Services or of any product incorporating any of the Goods and or Services; and
(c) any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract.
12.2 All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract.
12.3 Nothing in these conditions excludes or limits the liability of the Company:
(a) for death or personal injury caused by the Company's negligence; or
(b) under section 2(3), Consumer Protection Act 1987; or
(c) for any matter which it would be illegal for the Company to exclude or attempt to exclude its liability; or
(d) for fraud or fraudulent misrepresentation.
12.4 Subject to condition 14.2 and condition 14.3:
(a) the Company's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the Contract price; and
(b) the Company shall not be liable to the Buyer for any pure economic loss, loss of profit, loss of business, loss of data, depletion of goodwill or otherwise, in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract including but not limited to the late delivery of any Goods and or Services.
13. FORCE MAJEURE
The Company reserves the right to defer the date of delivery or to cancel the Contract or reduce the volume of the Goods and or Services ordered by the Buyer (without liability to the Buyer) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of the Company including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, provided that, if the event in question continues for a continuous period in excess of thirty (30) days, the Buyer shall be entitled to give notice by e-mail to the Company to terminate the Contract.
14.1 Each right or remedy of the Company under the Contract is without prejudice to any other right or remedy of the Company whether under the Contract or not.
14.2 If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.
14.3 Failure or delay by the Company in enforcing or partially enforcing any provision of the Contract shall not be construed as a waiver of any of its rights under the Contract.
14.4 Any waiver by the Company of any breach of, or any default under, any provision of the Contract by the Buyer shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the Contract.
14.5 The parties to the Contract do not intend that any term of the Contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
15.1 All communications between the parties about the Contract shall be by e mail
(a) (in case of communications to the Company) to ; or
(b) (in the case of the communications to the Buyer) to the email address advised to the Company on the original order.