General
This Agreement sets out the terms and conditions of your use of the MonkeyMove website located at www.MonkeyMove.com ("the Website") and the use of the products and services available on the website.
By using this website you are agreeing to abide by the terms and conditions set out herein. If you object to any terms stated then you should not use any of the documents, products, services or information contained within this website and you should leave the Website immediately.
Liability
The information set out within this website and any downloaded media from the website is provided in good faith by the author. The information is provided on the understanding that the website is not engaged in rendering legal advice. Furthermore no liability can be accepted for loss or expense as a result of using this website. By using the Website you agree that in no circumstance shall MonkeyMove.com be liable for any indirect, incidental, special or consequential damages, including, but not limited to, loss of business or profits or any other financial loss, arising out of or in any way connected with the use of the Website or the documents, under any law or on any basis whatsoever whether contractual or otherwise.
The User undertakes to ensure that all information has been entered onto the system accurately and in full. The User accepts full liability for such information and acknowledges that MonkeyMove.com will not check the validity or accuracy of the information supplied.
MonkeyMove.com shall not be responsible for any loss of data resulting from delays, corruption of data, hardware or software failures, nondeliveries, misdeliveries or service interruptions.
Except to the extent of gross negligence or willful misconduct of MonkeyMove.com, neither MonkeyMove.com nor any of its subsidiaries or network service providers will be responsible for any unauthorised access to the User’s account details or for unauthorised access to or alteration, theft or destruction of User information as a result of a breach in security, or through accidental or divisive means.
In no event will MonkeyMove.com be liable or responsible to Users of the Service for any type of incidental, punitive, direct, indirect or consequential damages, including, but not limited to, loss of revenue, lost profits, replacement goods, loss of technology, rights or services, loss of data, or interruption or loss of use of service or equipment, even if advised of the possibility of such damages, whether arising under theory of contract, tort (including negligence), product liability, strict liability or otherwise.
Notwithstanding anything to the contrary in this agreement, MonkeyMove.com 's maximum liability under this agreement for all damages, losses, costs and causes of actions from any and all claims (whether in contract, tort, including negligence, quasi-contract, statutory or otherwise) shall not exceed the actual pound sterling amount paid by the Customer for the Services which gave rise to such damages, losses and causes of actions during the 3-month period prior to the date the damage or loss occurred or the cause of action arose.
Refunds
The User acknowledges that the decision to issue a refund will be held at the sole discretion of MonkeyMove.com. As the service will commence before the statutory cooling off period no automatic right to a refund exists, this provision is made in accordance with Regulation 13 of the Consumer Protection (Distance Selling) Regulations 2000.
Indemnification
Users of the service agree to indemnify and hold harmless MonkeyMove.com (including, but not limited to, MonkeyMove.com ’s officers, agents, partners, employees and subsidiaries from any claim arising from the User or any third party as a result of using the Service.
The Service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement.
MonkeyMove.com expressly disclaims any representation or warranty that the Service will be error-free, secure or uninterrupted.
No oral advice or written information provided or published on the Website by MonkeyMove.com or its employees will create a warranty; nor may Users rely on any such information for advice. MonkeyMove.com and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the Service.
Limited Warranties
The User agrees to use the Service and any information obtained through or from The MonkeyMove.com at his/her own risk.
MonkeyMove.com will use all reasonable endeavors to meet the time estimates provided on the Website however these are only estimates and MonkeyMove.com will not be liable for delay caused by any third party or unavailability of any associated web services.
The Website may contain hyperlinks to websites operated by other parties. We do not control such websites and we take no responsibility for, and will not incur any liability in respect of, their content. Our inclusion of hyperlinks to such websites does not imply any endorsement of views, statements or information contained in such websites.
Copyright
The information within this website and any downloaded media from this website is provided subject to the condition that it shall not, by way of trade or otherwise, be lent, re-sold, hired out or otherwise circulated without the publisher's prior consent in any form of than that in which it is published and without a similar condition including this condition being imposed on the subsequent purchaser.
All intellectual property of MonkeyMove.com such as trademarks, trade names, patents, registered designs and any other automatic intellectual property rights derived from the aesthetics or functionality of the Website remain the property of MonkeyMove.com.
By using the Website you agree to respect the intellectual property rights of MonkeyMove.com and will refrain from copying, downloading, transmitting, reproducing, printing, or exploiting for commercial purpose any material contained within the Website.
Complaints Procedure
If you have a complaint our formal written complaints procedure is designed to handle your complaint speedily and fairly. Complaints will be acknowledged within 5 working days of receipt and will normally be dealt with fully within 4 weeks of its receipt. If there are valid reasons for the consideration taking longer, you will be kept fully informed in writing or via telephone or email as you prefer and receive a response at the very latest within 8 weeks. If requested, we will liaise with counselling organisations acting on your behalf; a final decision will be in writing or via email, as appropriate. If you are not satisfied with the final outcome, you may refer the complaint to the Independent Property Codes Adjudication Scheme and we will give you contact details. We will co-operate fully with the independent adjudicator during the resolution investigation and comply with any decision.
Force Majeure
No failure or omission between MonkeyMove.com and the User to carry out or observe the terms and conditions of this agreement shall give rise to any claim against the other party if such failure or omission is the result of an event that is outside the reasonable control of that party (a ‘Force Majeure Event’).
Severance
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall remain in force.
Governing Law and Jurisdiction
The provisions set forth in this agreement shall be governed and construed by English law, and each party agrees to submit to the exclusive jurisdiction of English Courts.
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