Copyright Notice

 

Copyright Notice Effective 1st April 2013

Copyright © www.launchhero.com 2013

All aspects of this web site – design, text, graphics, applications, software, underlying source code and all other aspects – are copyright www.launchhero.com and its affiliates or content and technology providers.

In accessing these web pages, you agree that any downloading of content is for personal, non-commercial reference only. No part of this web site may be reproduced or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without prior permission of the Website Owner.

For rights clearance please contact us here.

TradeMarks

TradeMarks are covered in the  Terms and Conditions section. Please see also our  Privacy Policy.

Terms and Conditions

 

Contents

1. Introduction

The Website Owner, including subsidiaries and affiliates (“Website” or “Website Owner” or “we” or “us” or “our”) provides the information contained on this website or any of the pages comprising the website (“website”) to visitors (“visitors”) (cumulatively referred to as “you” or “your” hereinafter) subject to the terms and conditions set out in these website terms and conditions, the Privacy Policy and any other relevant terms and conditions, policies and notices which may be applicable to a specific section or module of this website.

We offer this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Any new features or tools which are added to the current product/store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

2. Information on the Website

Whilst every effort is made to update the information contained on this website, neither the Website Owner nor any third party or data or content provider make any representations or warranties, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information, opinions, any share price information, research information, data and/or content contained on the website (including but not limited to any information which may be provided by any third party or data or content providers) (“information”) and shall not be bound in any manner by any information contained on the website. The Website Owner reserves the right at any time to change or discontinue without notice, any aspect or feature of this website. No information shall be construed as advice and information is offered for information purposes only and is not intended for trading purposes. You and your company rely on the information contained on this website at your own risk and agree that it is your responsibility to monitor changes to our site. If you find an error or omission at this site, please let us know.

3. Trade Marks

The trade marks, names, logos and service marks (collectively “trade marks”) displayed on this website are registered and unregistered trade marks of the Website Owner. Nothing contained on this website should be construed as granting any licence or right to use any trade mark without the prior written permission of the Website Owner.

4. External Links

External links may be provided for your convenience, but they are beyond the control of the Website Owner and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk. When visiting external links you must refer to that external websites terms and conditions of use. No hypertext links shall be created from any website controlled by you or otherwise to this website without the express prior written permission of the Website Owner. Please contact us if you would like to link to this website or would like to request a link to your website.

5. Public Forums and User Submissions

The Website Owner is not responsible for any material submitted to the public areas by you (which include bulletin boards, hosted pages, chat rooms, or any other public area found on the website. Any material (whether submitted by you or any other user) is not endorsed, reviewed or approved by the Website Owner. The Website Owner reserves the right to remove any material submitted or posted by you in the public areas, without notice to you, if it becomes aware and determines, in its sole and absolute discretion that you are or there is the likelihood that you may, including but not limited to –

5.1 defame, abuse, harass, stalk, threaten or otherwise violate the rights of other users or any third parties;

5.2 publish, post, distribute or disseminate any defamatory, obscene, indecent or unlawful material or information;

5.3 post or upload files that contain viruses, corrupted files or any other similar software or programmes that may damage the operation of the Website Owner’s and/or a third party’s computer system and/or network;

5.4 violate any copyright, trade mark, other applicable Great Britain or international laws or intellectual property rights of the Website Owner or any other third party;

5.5 submit contents containing marketing or promotional material which is intended to solicit business.

5.6 use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

6. Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is governed by the relevant third-party provider(s) Terms of service.  We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

7. Specific Use

You further agree not to use the website/service to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and you hereby indemnify the Website Owner against any loss, liability, damage or expense of whatever nature which the Website Owner or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the website to send or post any such message or material.

8. Products or Services

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

9. Who owns what

We own the website platform including website layouts, templates, Launch Hero copyrighted media and materials, image licences, computer code, data, server resources, and any intellectual property or systems used to build and manage your website.  You will retain the rights to any copyrighted or licenced materials which you have ownership of including any website copy, images, logos and any other media you have provided us.

Upon cancellation, you will be able to re-use any content which you have ownership of on another website.  The Launch Hero platform and its associated resources as listed above are non-transferable to you or to any 3rd party.  These resources may not be used anywhere outside of Launch Hero without written permission from us. If Launch Hero ceases trading we will endeavour to transfer your website to a 3rd party supplier so service can continue uninterrupted.

10. Website Design

We will not begin to design and build your website or additional pages until we have all the materials required, including text, images, logos, links, or any other media. Any balance due on your account for products or services must be settled prior to work commencing and your website going live.

Our Design Advanced and Design Ultimate packages include a set allocation of credit for design amendments. The information outlining design amendments and their subsequent credit value are is available on our website. If you have purchased the standard Launch Pad website package, or the package you have purchased does not cover the design amendments you would like, it is at our discretion to charge for any additional design alterations you would like.

11. Domain Names

Launch Hero uses a 3rd party agent to purchase and renew Domain Names where requested on your behalf. You agree that we will act as an intermediary between you and the 3rd party agent and to be bound by the terms and conditions of our 3rd party suppliers (Godaddy) for the services provided.

We will where requested register, renew, transfer and maintain your domain names, maintaining overall control and responsibility while you are our customer.  You will be designated the registered owner provided payment for this service has been settled. It is your responsibility to settle any moneys due within the time indicated as outstanding payment will revoke ownership. We will not automatically renew unpaid Domain Names.

If you cancel service with us and want to keep your Domain Name, it is your responsibility to transfer the Domain Name to another provider.  We reserve the right the charge an administration fee to cover any costs incurred when transferring your Domain Name to a 3rd party provider.  We are not responsible for Domain Names that expire if you no longer have active service with us.

12. Email Accounts

Launch Hero uses a 3rd party service provider to provide email accounts for our customers.  You agree that we will act as an intermediary between you and the 3rd party and to be bound by the terms and conditions of our 3rd party (Microsoft Outlook) for the services provided. It is your responsibility to maintain these accounts and keep a backup of emails and file attachments.  We are not liable for loss of data or service.

13. Service Availability 

Upgrades and other changes in Launch Hero’s network, including, but not limited to changes in software, hardware, and/or 3rd party service providers, may affect the display or operation of your hosted content and/or applications. We reserve the right to change our network in a commercially reasonable discretion, and Launch Hero shall not be liable for any resulting harm to you or your business.

You will be allocated a monthly bandwidth allowance. Should your account pass the allocated amount we reserve the right to suspend or terminate the account until more bandwidth is purchased at an additional fee.

14. Recurring Fees 

A subscription fee for use of The Service is payable annually in advance by the Account Holder. The subscription rates are posted on our website and we may vary these from time to time.  We reserve the right to suspend or terminate your account if recurring fees are not settled within the time indicated.

15. Cancellation

You may cancel any or all of the Services at any time, either in writing, by email, or telephone.  Provided any contract term has expired cancellation will take effect immediately after we have received and processed your request to cancel.  You agree to pay any outstanding invoices and/or balance prior to cancellation.

Following the cancellation you will no longer be able to access our services. If you require a backup of your data please notify us in writing prior to cancellation.  We are not responsible to store your data after your account has been cancelled. Once you notify us with your instruction to cancel you give us permission to delete your website and data.

16. Accuracy of billing and account information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

17. Refund Policy

Our standard refund policy lasts 28 days. If 28 days have elapsed since your purchase, we will be unable to offer you a refund or exchange.  To be eligible for a refund, we must have received payment in full for the respective product or service and you must be the customer who completed the original order.

There are certain situations where only partial refunds may be granted:

  • More than 24 hours have elapsed from your instruction sent via email, telephone or website, to begin work on the product or service you have purchased.
  • Products have already been purchased from 3rd parties on your behalf.  (Including Domain names).
  • Payment processing fees have been incurred by us when you made your purchase.
  • Administration fees have been incurred when processing your order

To complete your refund, we require a receipt or proof of purchase. Once your refund is received and inspected, we will send you an email to notify you that we have received your request. We will also notify you of the approval or rejection of your refund.  If you are approved, then your refund will be processed and a credit will, where possible, be automatically be applied to your credit card or original method of payment with 28 days. Please be aware that your bank may take a further few days to apply the refund to your account.

Refunds are relative to the price at the date of sale and not current prices online or through any other offer.

18. Warranties

The Website Owner makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website, the information contained on the website, your or your company’s personal information or material and information transmitted over our system.

19. Errors, inaccuracies and omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, turnaround times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We reserve the right to charge to put right any errors or loss of data caused by improper use of our websites or systems.

20. Prohibited uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site/service or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

21. Disclaimer of Liability

The Website Owner shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your or your company’s personal information or material and information transmitted over our system. In particular, neither the Website Owner nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.  You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

22. Use of the Website

The Website Owner does not make any warranty or representation that information on the website is appropriate for use in any jurisdiction (other than Great Britain). By accessing the website, you warrant and represent to the Website Owner that you are legally entitled to do so and to make use of information made available via the website.

 

23. General

 

23.1 Entire Agreement

These website terms and conditions constitute the sole record of the agreement between you and the Website Owner in relation to your use of the website. Neither you nor the Website Owner shall be bound by any express tacit or implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated these website terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and the Website Owner in respect of your use of the website.

23.2 Alteration

The Website Owner may at any time modify any relevant terms and conditions, policies or notices. You acknowledge that by visiting the website from time to time, you shall become bound to the current version of the relevant terms and conditions (the “current version”) and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the then current version each time you visit the website.

23.3 Conflict

Where any conflict or contradiction appears between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.

23.4 Waiver

No indulgence or extension of time which either you or the Website Owner may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.

23.5 Cession

The Website Owner shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of any relevant terms and conditions, policies and notices to any third party.

23.6 Indemnification

You agree to indemnify, defend and hold harmless the Website Owner and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

23.7 Severability

All provisions of any relevant terms and conditions, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.

23.8 Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgement you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

23.9 Applicable laws

Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of Great Britain without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of the High Court of Great Britain in respect of any disputes arising in connection with the website, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith.

24. Comments or Questions

If you have any questions, comments or concerns arising from the website, the privacy policy or any other relevant terms and conditions, policies and notices or the way in which we are handling your personal information please contact us.

25. Personal Information

Your submission of personal information through the website is governed by our Privacy Policy.