Spartan Digital Media Solutions Ltd - Outlet
The following describes the terms on which Spartan offers you access to our services. This User Agreement is effective from 7 March 2011, for current users, and upon acceptance for new users.
These terms and conditions apply to the services available from the domain, sub-domains and any associated domain of spartan.uk.com (which include, but are not limited to any other domains used by Spartan Digital Media solutions Ltd), and from all other Spartan branded websites provided for U.K. users. If you reside in the U.K. or another country that is a member of the E.U., by using the services on the Spartan websites, you are agreeing to the following terms, including those available by hyperlink, with Spartan Digital Media Solutions Ltd, Centrix House, Keys Park Road, Hednesford, Staffordshire, WS12 2HA and the general principles for the websites of our subsidiaries and international affiliates.
If you have any questions, please contact us through the ‘contact us’ section on our sites. Before you may become a member of any Spartan sites, you must read and accept all of the terms and conditions in, and linked to, this User Agreement. We strongly recommend that, as you read this User Agreement, you also access and read the linked information. By accepting this User Agreement, you also agree that your use of some Spartan branded websites or websites we operate may be governed by separate user agreements and privacy policies. The agreement that applies on any of our domains and subdomains and is always the agreement that appears in the footer of each website. The User Agreement constitutes a legally binding agreement between you and Spartan sites, services and tools may have additional or other terms that we provide to you when you use those sites, services or tools.
Using Spartan Outlet
You may not use our sites and services if you are under the age of 18 or you are not able to form legally binding contracts, or if your Spartan membership has been suspended
Whilst Using Spartan Outlet, you will not:
- breach any laws
- fail to deliver payment for items purchased by you, unless we have materially changed the items description between your purchase and delivery of your item, or if a clear typographical error has been made
- manipulate the price of any item or interfere with any of the listings
- circumvent or manipulate our billing process, or money owed to Spartan
- transfer your Spartan account and User ID to another party without our consent
- distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
- distribute viruses or any other technologies that may harm Spartan, or the interests or property of Spartan users;
- copy, modify, or distribute rights or content from our sites, services or tools or Spartan's copyrights and trademarks; or
- harvest or otherwise collect information about users, including email addresses, without their consent
If you are registering with Spartan as a business entity, you represent that you have the authority to legally bind that entity.
We will commence supplying our services to you as soon as you accept this Agreement. Unless you and Spartan agree otherwise, you will not be able to cancel this Agreement under the Consumer Protection (Distance Selling) Regulations 2000 (or any equivalent legislation in your jurisdiction) once the supply of the services has commenced.
We reserve the right to limit your activities on our sites if we think that such restrictions will improve the security of the Spartan community or reduce our or another Spartan user’s exposure to financial or other liabilities.
We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time or to modify or discontinue Spartan sites. You agree not to hold Spartan responsible for any loss you may incur as a result of Spartan taking this action.
Abusing Spartan Outlet
Spartan, and the Spartan community work together to keep our sites and services working properly and the community safe. Please report problems, offensive content and policy breaches to us.
Without limiting other remedies, we may issue you with warnings, limit, suspend, or terminate our service and user accounts, restrict or prohibit access to, and your activities on our sites, delay or remove hosted content, remove any special status associated with the account, reduce or eliminate any discounts, and take technical and legal steps to keep you off our sites if:
- we think that you are creating problems (including, without limitation, by harassing Spartan staff or other users or by making unreasonable legal threats against Spartan), or exposing us or another Spartan user to financial loss or legal liabilities;
- we think that you are infringing the rights of third parties (including, without limitation, intellectual property rights of third parties);
- we think that you are acting inconsistently with the letter or spirit of this Agreement or our policies (including, without limitation, policies related to circumventing temporary or permanent suspensions or users who we believe are harassing our employees or other users);
- despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us;
Additionally, we may, in appropriate circumstances and at our discretion, suspend or terminate accounts of users who may be repeat infringers of intellectual property rights of third parties.
You agree not to hold Spartan responsible for any loss you may incur as a result of Spartan taking any of the actions described above.
We do not tolerate spam (unsolicited commercial communications).
You may not use our communication tools to send spam or otherwise send content that would breach our User Agreement. We may automatically scan and manually filter email messages before they are sent via our communication tools for spam, viruses, phishing attacks and other malicious activity or illegal or prohibited content, but we do not permanently store such messages.
For the convenience of selling, we may utilise catalogues of stock images, descriptions and product specifications, which are provided by third-parties.
While we try to offer reliable data, we cannot promise that the catalogues will always be accurate and up-to-date, and you agree that you will not hold our catalogue providers or us responsible for inaccuracies in their catalogues. We endeavour to always use correct information and images available to us. The catalogue may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included within the catalogues or create any derivative works bases on catalogue content.
You will not hold Spartan responsible for any loss you may incur as a result of Spartan taking any of the actions described in the Abusing Spartan Outlet section above nor for other users' actions or inactions.
You accept sole responsibility for the legality of your actions under laws applying to you and the legality of any items you list on any of our sites.
We cannot guarantee continuous or secure access to our services, and operation of our sites may be interfered with by numerous factors outside of our control. While we will use our reasonable endeavours to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the availability of our services.
We (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) shall not be liable to you in contract, tort (including negligence) or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by us arising, directly or indirectly, out of your use of or your inability to use of our sites and services.
Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the full cost of the item and its original postage costs.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Nothing in this Agreement shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.
Access and interference
Much of the information on our sites is updated on a real-time basis. You agree that you will not use any robot, spider, scraper or other automated means to access our sites for any purpose without our express hand-written permission.
Additionally, you agree that you will not:
- take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
- copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from our sites without the prior expressed written permission of Spartan and the appropriate third party, as applicable;
- interfere or attempt to interfere with the proper working of our sites or any activities conducted on or with our sites; or
- bypass our robot exclusion headers or other measures we may use to prevent or restrict access to our sites.
You agree that you will only use our sites and services in accordance with this Agreement.
You will compensate us in full (and our officers, directors, agents, subsidiaries, joint ventures and employees) for any losses or costs, including reasonable legal fees, we incur arising out of any breach by you of this Agreement or your violation of any law or the rights of a third party.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Except as explicitly stated otherwise, legal notices shall be served by registered mail to Spartan Digital Media solutions Ltd, Centrix House, Keys Park Road, Hednesford, Staffordshire, WS12 2HA. We shall send notices to you by email to the email address you provide to Spartan during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by registered mail to the address provided during the registration process. Notices sent to either party by registered mail shall be deemed to have been received by that party three days after the date of mailing.
Third party rights
A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this User Agreement but this does not affect any right or remedy of a third party specified in this Agreement or which exists or is available apart from that Act.
If a dispute arises between you and Spartan, we strongly encourage you to first contact us directly to seek a resolution by going to the ‘Contact Us’ page and contacting us by phone or email. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. Any claim, dispute or matter arising under or in connection with this Agreement shall be governed and construed in all respects by the laws of England and Wales. You and Spartan both agree to submit to the non-exclusive jurisdiction of the English Courts.
In simple terms, “non-exclusive jurisdiction of the English courts” means that if you were able to bring a claim arising from or in connection with this Agreement against us in Court, an acceptable court would be a court located in England, but you may also elect to bring a claim in the court of another country instead. English law will apply in all cases.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforced.
In our sole discretion, we may transfer our rights and obligations (also known as “assign”) under this Agreement in accordance with the Notices Section (but without your prior express consent), provided that we assign the Agreement on the same terms or terms that are no less advantageous to you.
Section headings are for reference purposes only and do not limit the scope or extent of such section.
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.
We may amend this Agreement at any time by email, or by posting the amended terms on this site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. This Agreement may not be otherwise amended except in writing hand signed by you and us. For the purposes of this provision, “in writing” does not include an email message and “hand signed” does not include an electronic signature.
Except as set out above, this Agreement may not be altered by us or by you unless we both agree in writing hand signed by you and us. For the purposes of this provision, “in writing” does not include an email message and “hand signed” does not include an electronic signature.
The Agreement is the entire agreement between the parties and supersedes all prior understandings and representations of the parties.
The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content License, Liability, Compensation and Legal disputes.
If you have any questions about this User Agreement, please contact us.