Page Turn Interactive

General Terms and Conditions of Sale

The following terms and conditions (“the Conditions”) are the terms on which Page Turn Interactive Limited (“PTI”), registered in England number 06907710, sells products and supersedes all other terms and conditions relating to those products.

1 DEFINITIONS

In this agreement the following expressions shall have the following meanings:

“Services” means the uploading and hosting of digital publications on the internet through the Page Turn Interactive system including the registration of domain names.

“Customer” means an individual, organisation or business registering to purchase the Services for their own purposes.

“Publishing Partner” means a partner with their own billing facilities who buys services from PTI to sell onwards to their customers. Hereinafter referred to as the Publisher.

“User” means a Customer or Publishing Partner using the PTI system.

“Publication” means a magazine, brochure or document created for a Customer.

“Issue” means a specific edition of a Publication.

“Banned Content” means any material that is unlawfully published within the Territory

including content in breach of copyright laws, pornography, material of a sensitive or political nature or that might incite acts of terrorism, or any other content that PTI may deem to be unsuitable for publication.

1 PRICE AND PAYMENT

1.1 The product is sold either directly to the Customer or through a Publishing Partner at the rates advertised on any PTI website at the time of purchase.

1.2 Payment may be made online using credit and debit cards subject to the terms and conditions of the card issuers.

1.3 PTI will not retain details of any credit or debit cards used in the purchase of the product.

1.4 Where payment is made manually, invoices will be due for payment within fourteen days.

1.5 Unless stated otherwise, the point of sale is the United Kingdom.

1.6 VAT will be added to all sales to Customers within the United Kingdom

1.7 VAT will be added to all sales to Customers within the Euro Zone where that Customer has not entered a valid VAT registration number on their account profile.

1.8 Other local sales taxes will be added to the purchase price as and where applicable

1.9 Upon written request by the Customer, PTI will refund the full value of a purchase, provided the request is made within fourteen days of the original purchase and that the product purchased has not been used to publish a publication through the PTI system.

2 CONDITIONS OF USE

2.1 The User agrees to comply with the Data Protection Act 1998 and all other applicable data protection laws and regulations.

2.2 PTI will suspend any user. No refund will be made for any issues purchased, whether published or not, for any user uploading Banned Content.

2.3 Users will be restricted by file size and visitor limits in line with the PT published prices. Visitor limits are the total number of visitors, including those returning on more than one occasion.

2.4 Users are permitted to replace pages of an issue for a period of no more than thirty days from the date the issue is first published.

2.6 In the event of the cancellation of a Publishing Partner account, the ownership, rights and access to any published material will revert to the Customer provided under the terms and conditions of a standard user.

8 LIMITATION OF LIABILITY

Under no circumstances shall PTI be liable to the Customer for any damages, including without limitation any damages for lost profits or business, loss of goodwill, interruption of business, or for any exemplary, punitive, special, indirect, incidental, consequential or special damages, regardless of whether such claim arises under any theory of tort, advice, contract, strict liability or otherwise and regardless of whether PTI is advised of the possibility of any such damages.

9 AUTHORISATION

9.1 The Customer when required will create a username and password. This login information will serve as identification of the Customer.

9.2 The Customer agrees that all web site activities and programmatic actions which can be traced to its username and password are deemed as having been performed by the Customer itself and are legally binding on it.

10 LIMITATION OF LIABILITY

Under no circumstances shall PTI be liable to the Customer for any damages, including without limitation any damages for lost profits or business, loss of goodwill, interruption of business, or for any exemplary, punitive, special, indirect, incidental, consequential or special damages, regardless of whether such claim arises under any theory of tort, advice, contract, strict liability or otherwise and regardless of whether PTI is advised of the possibility of any such damages.

11 FAULTS

PTI will make every effort to provide the Customer with the best possible service, however we cannot guarantee that the service will never be at fault. PTI will make every effort to correct all reported faults as soon as we reasonably can, affording any notice period where possible and complying with the clauses contained

12 TRADE MARKS

Unless otherwise specified, Page Turn Interactive Limited are the owner or licensee of all intellectual property rights within the PTI Website and control panels along with all subsidiaries and associated companies to Page Turn Interactive Limited, and in the material published within it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

13 INDEMNIFICATION

The Customer hereby agrees to defend, indemnify and hold PTI harmless from and against any suit or proceedings brought against PTI that arises from any breach by the Customer or any associated person of the obligations, representations or covenants contained within this Agreement.

14 ENFORCEABILITY

If one or more provisions of this Agreement are held to be unenforceable under applicable law, such provision shall be excluded from this Agreement and the balance of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its own terms.

15 NON ASSIGNMENT

This agreement is personal to the parties and shall not be assigned or otherwise transferred in whole or in part without the other parties prior written consent.

16 THIRD PARTIES

This agreement is entered into for the benefit of the Company and any Group Company and the parties hereby agree that the provisions of the Contracts (Third Parties Rights) Act 1999 shall apply to allow any person referred to herein to bring an action for breach of the terms of this Agreement.

17 GOVERNING LAW

The interpretation and effect of this agreement shall be governed and construed in all respects in accordance with the laws of England and the parties submit to the jurisdiction of the English courts.