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A)   Introduction

 

1)      These terms and conditions set out the terms and conditions between you, the customer, and The Life Stash (“us”, “we”), governing the use of our website and our digital downloads including the content therein (the “products”). Please read these Terms and Conditions carefully. Your use of our website and purchase of our products constitutes your full acceptance of these terms and conditions. If you do not agree with these terms and conditions, you should not use our website or purchase, download or use any of our products.

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2)      The Life Stash reserves the right to change these Terms and Conditions at any time. You are responsible for checking The Life Stash website (www.thelifestash.com) to obtain notice of any such changes. Continued use by you of the products following any such changes constitutes your acceptance of these Terms and Conditions as amended by the posted changes.

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3)      The section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect.

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B) Access to licensed Digital Downloads

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4)      Whilst The Life Stash endeavours to ensure that the products are available 24 hours a day, The Life Stash will not be liable if for any reason they are unavailable at any time or for any period. The Life Stash does not guarantee the functions contained in the products will be uninterrupted or error-free, that this will be free of viruses or other harmful components, or that this cannot be tampered with by third parties.

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5)      Whilst The Life Stash endeavours to ensure that the information on the digital downloads is correct, no warranty, express or implied, is given as to its accuracy and The Life Stash does not accept any liability for error or omission.

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6)      Products may, from time to time, contain links to third party websites which are controlled and operated by parties other than The Life Stash. The Life Stash is not responsible for the contents of any linked sites. Access by you to a linked portal is at your own risk. Third parties are responsible for ensuring that materials submitted for inclusion on this portal comply with national and foreign law. We cannot guarantee the accuracy or compliance of this material and expressly disclaim any responsibility for error, omission or inaccuracy in the material.

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7)      The inclusion of any link to a third party site or of advertising of third party goods or services on our products does not imply any endorsement by The Life Stash of the linked websites or of any advertised goods or services.

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8)      We welcome the reporting of any errors found in our products or information relating to products and services. Please get in touch using the contact form on the contact webpage.

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9)      The Life Stash shall not be liable for any damages (including, without limitation, damages for loss of business or loss of profits) arising in contract, tort or otherwise from the use of or inability to use the products, or any material contained in it, or from any action or decision taken as a result of using our products or any such material.

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10)   Nothing in these Terms and Conditions shall limit the Life Stash’s liability for death or personal injury caused by its negligence. These Terms and Conditions do not affect or prejudice your statutory rights.

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11)   The Life Stash’s entire liability to you in contract, tort (including negligence) or otherwise in relation to this portal shall be limited to £500 for any one incident or series of related incidents.

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12)   Users of any The Life Stash product purchased from The Life Stash are solely responsible for the security of their data held within the product and their own safety, both physical and digital.

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C)  License and Use

 

13)   Your purchase of one of our products constitutes our granting to you of a non-exclusive, non-sub-licensable, non-transferable license to download and access that product for the purpose of your own personal use and reference, and print or convert the product to an image or vector format for your own storage, retention and reference (the “purpose”). You agree that under no circumstances shall you use, or permit to be used, any product other than for the aforesaid purpose. For the avoidance of doubt, you shall not copy, re-sell, sublicense, rent out, share or otherwise distribute any of our products, whether modified or not, to any third party. You agree not to use any of our products in a way which might be detrimental to us or damage our reputation.

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14)   You must use the product in a lawful manner consistent with all applicable laws and regulations. Therefore you must not use our product or any connected service to:

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• send, receive, upload, download, store, use, distribute or publish any material that is offensive, defamatory, obscene, or which breaches any other person's intellectual property rights;

• to send unsolicited emails or messages or to collect or store personal data about other users of the products without their consent or for any other purpose in breach of the Data Protection Act 1998;

• to carry out any activities to obtain lists of users;

• to use or transmit through our product any material that contains viruses or use any software designed to interrupt the functionality of any computer software or hardware or this portal.

 

D)  Intellectual Property

 

15)   The products, whether modified or not, and all intellectual property and copyright contained therein, are and shall at all times remain our sole and exclusive property. You agree that under no circumstances, whether the product has been modified or not, shall you have or attempt to claim ownership of any intellectual property rights or copyright in the product.

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E) Refunds and Chargebacks

 

16)   Once a product has been purchased by you, no right of cancellation or refund exists under the Consumer Contracts Regulations 2013 due to the digital nature of our products. All purchases of the product is final. You cannot cancel a purchase of the product once delivery has started, including via download or by us making it available to you via other means such as via the cloud or email. By placing an order to purchase the product you acknowledge and agree to this. Any refunds shall be at our sole and absolute discretion. We do not accept returns of products, except as required by law or unless indicated otherwise on the product page. You agree that under no circumstances whatsoever shall you initiate any chargebacks via your payment provider. You agree that any payments made by you for any of our products are final and may not be charged back. We reserve the right to alter any of our prices from time to time.

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17)   Once you purchase a product we will normally make it available to you immediately as part of the purchasing process but if it is not immediately available it will be made available to you within 2 working days.  You are responsible for downloading (if applicable) and confirming your ability to access downloads, and bear all risk of loss after downloading the product including any loss due to a computer or hard drive malfunction. If you are unable to complete a download or access a digital download, please contact The Life Stash for assistance.

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18)   Where we are unable to fulfil the licence for the download you have ordered, we will issue you with a refund within 7 days of your order, by crediting the card with which you paid for your order.

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F) Warranties and Liability

 

19)   We make every effort to ensure that our products are accurate, authoritative and fit for the use of our customers. However, we take no responsibility whatsoever for the suitability of the product, and we provide no warranties as to the function or use of the product, whether express, implied or statutory, including without limitation any warranties of merchantability or fitness for particular purpose. You agree to indemnify us against all liabilities, claims, demands, expenses, actions, costs, damages, or loss arising out of your breach of these terms and conditions. Furthermore, we shall not be liable to you or any party for consequential, indirect, special or exemplary damages including but not limited to damages for loss of profits, business or anticipated benefits whether arising under tort, contract, negligence or otherwise whether or not foreseen, reasonably foreseeable or advised of the possibility of such damages.

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G) General

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20)   These terms and conditions constitute the entire agreement and understanding between you and us for the supply of downloadable digital products, and shall supersede any prior agreements whether made in writing, orally, implied or otherwise. The failure by us to exercise or enforce any right(s) under these terms and conditions shall not be deemed to be a waiver of any such right(s) or operate so as to bar the exercise or enforcement thereof at any time(s) thereafter, as a waiver of another or constitute a continuing waiver. You agree that monetary damages may not be a sufficient remedy for the damage which may accrue to us by reason of your breach of these terms and conditions, therefore we shall be entitled to seek injunctive relief to enforce the obligations contained herein. The unenforceability of any single provision within these terms and conditions shall not affect any other provision hereof. These terms and conditions, your acceptance thereof, and our relationship with you shall be governed by and construed in accordance with English law and both us and you irrevocably submit to the exclusive jurisdiction of the English courts over any claim, dispute or matter arising under or in connection with these terms and conditions or our relationship with you.

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H) Contacting Us

 

21)   Please do not hesitate to contact us regarding any matter relating to this Terms and Conditions of Sale Policy via email: contact@thelifestash.com