Please read this Terms of Service (“Terms,” “Terms of Service”) carefully before using the www.potenic.com website (the “Website”) operated by Potenic Limited, a(n) Public Limited Company formed in England (“us,” “we,” “our”) as this Terms of Service contains important information regarding limitations of our liability. Our company registration number is 13317385. Our address is Kemp House, 160 City Road, London, United Kingdom, EC1V 2NX. Your access to and use of this Website is conditional upon your acceptance of and compliance with these Terms. These Terms apply to everyone, including but not limited to visitors, users and others, who wish to access and use the Website.
By accessing or using the Website, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you do not have our permission to access or use the Website.
Our offers and pricing
We offer digital products on this Website. The price of these digital products can be found listed on the Website. This price does not include taxes or other fees that you may be charged.
When you make a purchase on the Website, you will be using a third party payment processor, Square, that will collect your payment information and process your payment. We are not responsible for the collection, use, sharing or security of your billing information by Square. The following payment method(s) are accepted by the third party payment processor: Visa.
You hereby represent and warrant that you have the legal right to use the payment method(s) in connection with any purchase and that the information that you supply to us and to the third party payment processor(s) is true, correct and complete.
We do not offer you the ability to cancel any purchases that you have made of the digital products offered on our Website.
We do not reserve the right to cancel your purchase.
We do not offer refunds on any purchases made on this Website.
WARRANTY ON PURCHASES
WE OFFER THE FOLLOWING WARRANTIES ON PURCHASES OF DIGITAL PRODUCTS:
- DIGITAL PRODUCTS WILL BE OF SATISFACTORY QUALITY;
- DIGITAL PRODUCTS WILL BE FIT FOR A PARTICULAR PURPOSE;
- DIGITAL PRODUCTS WILL MATCH THE DESCRIPTION;
- WE HAVE THE RIGHT TO SUPPLY THE DIGITAL PRODUCTS.
THIS WARRANTY SHALL APPLY FOR 7 DAYS FROM THE DATE OF THE PURCHASE.
EXCEPT AS STATED ABOVE AND TO THE EXTENT PERMITTED BY LAW, THE ITEMS OR SERVICES SOLD ON THIS WEBSITE ARE PROVIDED “AS IS,” EXCEPT AS STATED ABOVE, NO EXPRESS WARRANTY SHALL APPLY TO ANY ITEMS OR SERVICES DISPLAYED OR SOLD ON THIS WEBSITE. NOTE THAT YOU MAY HAVE ADDITIONAL STATUTORY RIGHTS PROVIDED TO YOU UNDER CONSUMER PROTECTION LAWS. THESE RIGHTS ARE NOT AFFECTED BY THESE TERMS.
You agree that the remedy for breach of this Terms of Service as it relates to your purchase shall be reject the goods, services or digital products. You also agree that the remedy for breach of this Terms of Service as it relates to your purchase shall be to pursue dispute resolution as provided in the “governing law, severability, dispute resolution, venue and class action waiver” section below. To the extent permitted by law, these remedies intended to be your sole and exclusive remedies for any breach of this Terms of Service as it relates to your purchase.
Comments and uploading content
By submitting a comment or uploading content onto this Website, you grant Potenic Limited a worldwide, non-exclusive, perpetual, royalty-free license to reproduce, publish and distribute the comment or content. When you make a comment or upload any content onto this Website, you agree that such comment or content may be viewed by other parties and it is your responsibility to ensure that the comment or content does not contain any confidential or proprietary information. You are also responsible for ensuring that your content or comment does not violate any laws, rules or regulations. We reserve the right to remove any content or comment at any time in our sole discretion.
The following is a non-exhaustive list of types of content or comments that you are prohibited from posting on our Website:
- Content that harasses others;
- Content that is discriminatory or offensive;
- Swearing, name calling and otherwise abusive content;
- Pornographic and sexually explicit content;
- Content displaying, depicting or suggesting violence;
- Content that exploits or abuses children;
- Content encouraging or committing illegal acts;
- Content sharing personal information without consent;
- Content infringing on someone’s rights, including intellectual property rights;
- Content advertising products or services without our permission;
- Content whose purpose is spamming others.
You agree that you will use this Website in accordance with all applicable laws, rules, regulations and these Terms at all times. The following is a non-exhaustive list of prohibited uses of this Website. You agree that you will not perform any of the following prohibited uses:
- Impersonating or attempting to impersonate Potenic Limited or its employees, representatives, subsidiaries or divisions;
- Misrepresenting your identity or affiliation with any person or entity;
- Sending or attempting to send any advertising or promotional material, including but not limited to spam, junk mail, chain mail or any similar material;
- Engaging in any conduct that restricts or inhibits any person’s use or enjoyment of the Website, or which, as determined in our sole discretion, may harm us or the users of this Website or expose us or other users to liability;
- Using the Website in any manner that could disable, overburden, damage or impair the Website or interfere with another party’s use of the Website;
- Using any robot, spider or other similar automatic technology, process or means to access or use the Website for any purpose, including monitoring or copying any of the material on this Website;
- Using any manual process or means to monitor or copy any of the material on this Website or for any other unauthorized purpose;
- Using any device, software, means or routine that interferes with the proper working of the Website, including but not limited to viruses, trojan horses, worms, logic bombs or other such materials;
- Attempting to gain unauthorized access to, interfering with, damaging or disrupting any parts of the Website, the server(s) on which the Website is stored, or any server, computer or database connected to the Website;
- Attempting to attack or attacking the Website via a denial-of-service attack or a distributed denial-of-service attack;
- Otherwise attempting to interfere with the proper working of the Website;
- Using the Website in any way that violates any applicable province, territory, state or country laws, rules or regulations.
TO THE EXTENT PERMITTED BY LAW, THIS WEBSITE IS PROVIDED “AS IS,” NO EXPRESS WARRANTY SHALL APPLY TO THIS WEBSITE. NOTE THAT YOU MAY HAVE ADDITIONAL STATUTORY RIGHTS PROVIDED TO YOU UNDER CONSUMER PROTECTION LAWS. THESE RIGHTS ARE NOT AFFECTED BY THESE TERMS.
Availability, errors and inaccuracies
To the extent permitted by law, we assume no liability for the availability, errors or inaccuracies of the information, products or services provided on this Website. We may experience delays in updating information on this Website and in our advertising on other websites. The information, products and services found on the Website may contain errors or inaccuracies or may not be complete or current. Products or services may be incorrectly priced or unavailable. We expressly reserve the right to correct any pricing errors on our Website. If you determine that there is an error on this Website, or any invoices or purchase orders sent to you by us, please inform us immediately using the contact information below. The inclusion or offering of any product or service on this Website does not constitute an endorsement or recommendation of such product or service by us.
DAMAGES AND LIMITATION OF LIABILITY
NOTE THAT YOU MAY HAVE ADDITIONAL STATUTORY RIGHTS PROVIDED TO YOU UNDER CONSUMER PROTECTION LAWS. THESE RIGHTS ARE NOT AFFECTED BY THESE TERMS.
Intellectual property and DMCA notice and procedure for intellectual property infringement claims
All contents of this Website are ©2021 – 2022 Potenic Limited or third parties. All rights reserved. Unless specified otherwise, this Website and all content and other materials on this Website including but not limited to all logos, designs, text, graphics, pictures, information, data, software, sound files and arrangement thereof (collectively, “Content”) are the proprietary property of Potenic Limited and are either registered trademarks, trademarks or otherwise protected intellectual property of Potenic Limited or third parties in England and/or other countries.
If you are aware of a potential infringement of our intellectual property, please contact Jevgenija Prochoryceva at email@example.com.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Website infringes on the copyright, trademark or other intellectual property rights of any person or entity.
If you believe in good faith that the Content infringes on your intellectual property rights, you or your agent may send us a written notice of such infringement titled “Infringement of Intellectual Property Rights – DMCA.” Your notice to us must include the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property right’s interest;
- A description of the work that you claim has been infringed, including the URL (i.e., web page address) of the location where the work exists or a copy of the work;
- Your name, email, address and telephone number; and
- A statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the work, its agent or the law.
Please note that we will not process your complaint if it is not properly filled out or is incomplete. You may be held accountable for damages, including but not limited to costs and attorneys’ fees for any misrepresentation or bad faith claims regarding the infringement of your intellectual property rights by the Content on this Website.
You may submit your claim to us by contacting us at:
160 City Road
Governing law, severability, dispute resolution and venue
These Terms shall be governed and construed in accordance with the laws of England, without regard to its conflict of laws provisions. THESE TERMS SHALL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE SALE OF INTERNATIONAL GOODS, THE UNIFORM COMMERCIAL CODE, NOR INCOTERMS.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
Any controversy or claim arising out of or relating to these Terms including but not limited to the interpretation or breach thereof shall be resolved in a court of competent jurisdiction in England.
Changes to Terms of Service
We reserve the right to make changes to these Terms of Service at any time. We will notify you immediately of making any changes to these Terms of Service via by posting the updated terms of service to this website and via an email campaign.
If you have any questions about our Terms of Service, please contact us at firstname.lastname@example.org.