Disclaimer Of Warranties/Limitation Of Liability
The Printsasia service provided 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. Printsasia expressly disclaims any representation or warranty that the Printsasia service will be error-free, timely, secure or uninterrupted. No oral advice or written information given by Printsasia, its employees, licensors or agents will create a warranty; nor may you rely on any such information or advice. Under no circumstances, including negligence, will Printsasia, its affiliates, or their officers, directors, employees, successors and assign s be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Printsasia service, including but not limited to reliance on any information obtained on the Printsasia service; or that result from mistakes, omissions, interruptions, deletion of files or e-mail, loss of or damage to content, errors, defects, viruses, delays in operation, or transmission, or any failure of performance, whether or not limited to acts of god, communication failure, theft, destruction or unauthorized access to Printsasia records, programs or services. The subscriber hereby acknowledges that this provision will apply whether or not Printsasia is given notice of the possibility of such damages and that this provision will apply to all content, merchandise or services available from Printsasia
Limitation of Liability
In the event that either party breaches its obligations under this agreement, the non-breaching party shall have the right to exercise all rights and remedies available to it at law or in equity; provided, however, subject to the damage amount limitation set forth below, the liability of the breaching party shall be limited to direct, actual damages only and all other damages and remedies are expressly waived.
In no event shall either party including Printsasia, its affiliates, or their officers, directors, employees, successors and assigns, be liable to the other party for consequential, incidental, punitive, exemplary or indirect damages in tort, contract or otherwise including, without limitation, lost profits, even if advised of the possibility or likelihood of such damages or claim.
No action arising out of this agreement may be brought by either party more than one year after such cause of action occurs. The terms of this section shall survive the termination of this agreement for whatever reason.
Terms of Agreement and Termination
This Agreement shall remain in force and effect as long as you hold an account with Printsasia. This Agreement is automatically renewed each time you access the Printsasia Web Site and/or log-in to your account and/or use our services. You may close your account at any time and terminate this Agreement by sending a request mail to web@printsasia.co.uk
- In the event the other party suffers any insolvency proceeding, either voluntary or involuntary, or is adjudicated bankrupt or makes any assignment for the benefit of creditors. Such termination shall not relieve the party in proceedings from liability for the performance of its obligations arising prior to such termination and shall be in addition to all other rights and remedies the terminating party may have available to it under this Agreement, at law or in equity; or
- At any time upon written notice (including electronic mail) with or without cause by Printsasia in the event of a material breach by you of any of the Terms of Service set forth herein.
- Upon written notice to the other party if such party reasonably believes that on performance of this Agreement violates or is being conducted in a manner that does not comply with any applicable law, regulation, licensing requirement, ordinance or order, and or that such violation or non-compliance cannot be remedied or that the cost of remediation or compliance is prohibitive.
Modification Of Terms
Printsasia reserves the right to modify this Terms of Service Agreement and its policies at any time and without advance notice to you, effective upon making the modified provisions available on the Printsasia Web Site. You are responsible for regularly reviewing these documents. Continued use of the Printsasia Web Site after any such changes shall constitute your consent to such changes. Printsasia does not and will not assume any obligation to notify you of any changes to this Terms of Service Agreement.
Independent Counsel
You're establishing of an account and/or your use of the Printsasia Web Site is evidence that you have read and understand this Terms of Service Agreement as set forth above and that you have had the opportunity to consult with independent counsel of your choice prior to establishing your account and utilizing the services contemplated by this Agreement.
Miscellaneous
Printsasia does not approve of, or endorse, any product or service by including the Purchaser in its Purchaser database. Printsasia may include entries for any other person or Purchaser at any time. The Purchaser relationship is intended, created and governed by this agreement according to the laws of the land. This agreement between Printsasia and the Purchaser is the only agreement and supersedes any other verbal or written agreements regarding the subject matter of this Agreement.
Purchaser agrees that Books purchased on the Web site are for its (Purchaser’s) internal use only. Purchaser agrees not to re-sell, re-distribute or make available any information obtained through the Web site without prior written consent of Printsasia.