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Terms and Conditions

About Elemental Creative Ltd

Elemental Creative provides comprehensive web site internet marketing, website usability and accessibility testing, information architecture and brand web site design services, for companies, large and small, throughout Northern Ireland, Ireland, the UK and Europe.

Elemental Creative Ltd provides specialist web site reports and audits, that are manually created and assembled by website testing specialists.

These terms and conditions help to keep the Elemental Creative Ltd website a safe place to trade. They also set out the full extent of any agreement reached between you and Elemental Creative Ltd in connection with this site. You should understand that by using the site, or placing an order, you accept the following terms and conditions:

Elemental Creative Ltd may amend these terms and conditions from time to time, and place the new version on the website. When amendments are made, Elemental Creative Ltd will mention the fact on our home page www.elementalcreative.co.uk All purchases from the date that the amended terms are placed on our website onwards will be governed by those new terms.

General Disclaimer

Elemental Creative Limited is providing this Web-site and its contents on an 'as is' basis and, to the maximum extent permitted by law, excludes all representations or warranties of any kind including, without limitation, warranties implied by statute. In addition, Elemental Creative Limited does not represent or warrant that the information accessible via this Web-site is accurate, complete or current. Elemental Creative Limited will not be liable for any loss which may result from the use of this Web-site including, without limitation, loss due to any computer virus or viruses which may infect your computer equipment as a result of your access to or use of this Web-site or your downloading of any materials, data, text, images, video or audio from this Web-site.

Usage
(1) Elemental Creative Ltd permits you to use its Web-Site subject to the terms and conditions set out herein. By accessing any other page of this Web-Site you indicate your agreement to be bound by these terms of use. You also consent to the use of personal information by Elemental Creative Ltd as described in these terms of use.

Data Protection

(2) Elemental Creative Ltd are required under the UK Data Protection Acts 1984 and 1998 to comply with conditions concerning the storage and disclosure of personal information relating to you, in order to prevent access by unauthorised parties. Elemental Creative Ltd uses the information which Elemental Creative Ltd holds about you to process your order. Information collected on the placing of an order will include your name, email address, delivery address, credit or debit card number and expiry date. This allows Elemental Creative Ltd to process and fulfil your order and to notify you of the status of your order. Your telephone number may sometimes be required in order to contact you should there be a problem with your order.

(3) Elemental Creative Ltd do not sell, trade or relay your personal information to others. Elemental Creative Ltd may share your personal information with other organisations to assist in the prevention of fraud. If you do not wish to receive further offers then simply send a blank email message to: privacy@elementalcreative.co.uk

Intellectual Property

(4) SPECIFICATIONS and SITE CONTENT COPYRIGHT

All specifications, prices, sizes, dimensions, capacities and installation information are subject to change without notice. Images used within this Web-site are not necessarily indicative of any particular model, colour, accessory or feature.

All copyright and related intellectual property rights subsisting in the content of this Web-Site, including but not limited to text, graphics, logos, button icons, images, reports and software are copyright of Elemental Creative Ltd. The design, arrangement and look and feel of this Web-site is copyright of Elemental Creative Ltd. The reproduction, modification, distribution, transmission, re-publication, display or performance of the contents of this Web-Site, without the written permission of Elemental Creative Ltd is strictly prohibited.

Security

(5) Any hypertext links to third party sites will allow you leave the Elemental Creative Ltd Web-Site. These linked sites are not under the control of Elemental Creative Ltd. Therefore, Elemental Creative Ltd is not responsible for the contents of any linked site or any links contained within a linked site. Elemental Creative Ltd is not responsible for web casting or any other form of transmission received from any linked site.

(6) When you access the Web-Site, Elemental Creative Ltd may use a secure server. If so, the secure server will encrypt all information which is entered by you before it is sent to Elemental Creative Ltd.

(7) Elemental Creative Ltd reserves the right, at any time, to time to modify or discontinue, temporarily or permanently, the service, or any part thereof from this Web-Site, with or without prior notice to you.

Liability

(8) Elemental Creative Ltd makes no representation about the suitability of the information contained on this Web-Site for any purpose. All contents of the pages on this Web-Site are provided for information only and without warranty of any kind. In particular, but without limitation, Elemental Creative Ltd disclaims all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.

(9) No responsibility or liability is accepted by or on behalf of Elemental Creative Ltd for any errors, omissions or statements whether misleading or otherwise on these pages, including any feature or aspect of such Web-Site or pages, whether provided by Elemental Creative Ltd or by any other organisation, company or individual or entity whatever the loss claimed or alleged.

(10) Elemental Creative Ltd shall not be liable for any special, indirect or consequential damages or any damages whatsoever arising from loss of data or profits whether in contract, negligence or in tort arising out of or in connection with the use, content or performance of information available from this Web-Site. Save as set out in these terms and conditions, all express or implied representations, terms and conditions are hereby expressly excluded to the fullest extent permissible by any law.

(11) These terms and conditions shall be governed and construed in all respects by and in accordance with the laws of England and you submit to the non-exclusive jurisdiction of the English Courts.

(12) Elemental Creative Ltd does not accept liability (except as stated) for any errors and omissions and reserve the right to change information, specifications and descriptions of listed goods, products and services. Elemental Creative Ltd will do its best to correct errors and omissions as quickly as practicable after being notified of them.

Orders

(13) In order to purchase goods from Elemental Creative Ltd you are required to register your personal details and credit card details with www.elementalcreative.co.uk.You are solely responsible for all transactions which take place through www.elementalcreative.co.uk secure servers. You agree to pay all invoices when due. You agree immediately to notify Elemental Creative Ltd of any unauthorised use of your account. You shall ensure that you exit from the Elemental Creative Ltd's Web-Site at the end of each session. Elemental Creative Ltd SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES FROM YOUR FAILURE OR OMISSION TO COMPLY WITH THIS TERM FOR WHATEVER REASON.

(14) You agree that e-mail can be used as a long-distance means of communication and for order placement.

(15) No contract for the sale of any product will subsist between you and Elemental Creative Ltd unless and until Elemental Creative Ltd accepts your order. This will be undertaken by way of an e-mail ,confirming that Elemental Creative Ltd has received payment in full for all the goods you have ordered. This acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you at the time Elemental Creative Ltd sends the e-mail to you (whether or not you receive that e-mail).

This confirmation e-mail amounts to an acceptance by Elemental Creative Ltd of your offer to buy goods from Elemental Creative Ltd, or a 3rd party supplier that is engaged on your behalf by Elemental Creative Ltd. This confirmatory e-mail will contain all relevant statutory information concerning your contract. The confirmatory e-mail will also contain a link to these terms and conditions, which may be amended from time to time. You must check that the details on this confirmatory e-mail are correct as soon as possible . You should also print out and keep a copy of it, for your reference. If the details are incorrect, you must inform Elemental Creative Ltd as soon as possible.

(16) Your statutory rights are not affected (in particular see below as to your rights to withdraw from the contract) but otherwise all purchases are non-exchangeable, non-refundable and non-transferable.

Returns and Cancellation Policy

(17) Our returns policy is simple. You may cancel your order at any time within 5 working days of your website report being ordered (also known as a 'cooling off' period). Orders can be cancelled by sending an email to cancel@elementalcreative.co.uk , stating your purchase transaction number, your name, company name and website address. We also accept cancellations by telephone on telephone number 028 89561900, during normal office hours. Due to the bespoke nature of our products and services, and in particular to the manual website reporting services that can be purchased online, and in accordance with the guidelines set out by the Office of Fair Trading legislation for this type of service ("one that is made to your specifications or personalised" - please visit www.oft.gov.UK for more information), we are unable to accept cancellations once the website reports have been sent.

PRIVACY POLICY

(1) Elemental Creative Ltd are committed to protecting your privacy. We will only use the information that we collect about you lawfully (in accordance with the Data Protection Act 1998). We collect information about you to process your order and to provide you with the best possible service in the future. We do not send unsolicited mail and give you the opportunity to refuse marketing email from us. We never pass any of your information to third parties without first gaining your explicit consent.

Information that we need

(2) For us to process your order, we need to know your name, email address, address and credit/debit card details. We will never collect sensitive information about you without your explicit consent.

Security of personal information

(3) When you enter credit card information on the Elemental Creative Ltd web site, our secure servers ensure that all details are encrypted at your browser before they are sent to us. During the order process we store your personal details in-house, but credit card details are held separately on servers that are not reachable from the internet.

Data Protection

(5) The Data Protection Act 1998 requires us, as registered Data Controllers, to be open about our holding and use of personal data. It also entitles individuals to find out from us what personal data is held about them on computer, to have that information corrected or erased if it is inaccurate, and to claim compensation if they can prove they have suffered damage from an inaccuracy or breach of security. Elemental Creative Ltd is committed to upholding the eight Data Protection Principles of good information handling practice.

(6) As Registered data controllers, we must comply with the Data Protection Principles in relation to the personal data we hold. Broadly they state that personal data shall:

1. Be obtained and processed fairly and lawfully.
2. Be processed only for limited purposes which are described in the register entry.
3. Be adequate, relevant and not excessive in relation to the purpose for which they are held.
4. Be accurate and, where necessary, kept up to date.
5. Be held no longer than is necessary for the purpose for which they are held.
6. Be processed in accordance with the data subjects' rights.
7. Be surrounded by proper security.
8. Not be transferred to countries outside the EEA without adequate protection.

If you have any questions/comments about privacy, you should email us at:

privacy@elementalcreative.co.uk


Telephone : +44 (0) 28 89561900

Or email us at :info@elementalcreative.co.uk if you have any questions or queries

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