These Terms set out your rights and obligations, and those of Deco Manufacturing Ltd (“we” or “us”), in relation to www.decopromotionalmaterials.com (the “Site”), and goods or services available through, and material of any kind accessible or relating to, the Site or us (the “Services”). When we refer to “Deco” in these Terms, we mean us, the Site and/or the Services, according to the context.
You must take the time to read and understand these Terms before using Deco’s services. By registering with www.decopromotionalmaterial.com, you accept that you are entering into a contract with us under these Terms. People who register for www.decopromotionalmaterials.com establish an “Account”, and become “Users”. Visitors to www.decopromotionalmaterials.com who do not become Users, but who nevertheless use the Site affirm that they are bound by these Terms each time they access www.decopromotionalmaterials.com you should be aware that these Terms may change from time to time in accordance with Clause 13 below.
- Obtaining an Account
If we ask you to provide some information about yourself when you register for www.decopromotionalmaterials.com you must ensure that this information is accurate and current. You may keep this information updated through your Account.
Note that we are entitled to treat anything done through a User’s Account, or by means of an email address, phone number or other communications method associated with that Account, as having been done by the User; it is up to the User to maintain the security of his/her Account.
The same person may not register more than one Account. We reserve the right to suspend or terminate any Account which we reasonably suspect of infringing this requirement.
Important: You must ensure that the email address we hold for you is kept up-to-date and that you have full access to it – we will be sending you important messages there. So if you change email address, then you must change it on your Account. Should you provide an invalid email address or an email address that belongs to someone else, Deco may terminate your Account at any time without notice.
You must also ensure that the postal address to which we send you Products and communications is kept up-to-date in your Account.
You should not register as a User if you are under 16 years of age.
- User Content and Content Rules
Images and other material (including textual annotations to and comments on Images) uploaded, posted, contributed, distributed, communicated, transmitted or linked-to by a User on, through or in connection with www.decopromotionalmaterials.com are treated as “User Content” for the purposes of these Terms. Users must have the right to deal, and the right to authorize us to deal, with their User Content in the ways that they and we use it in connection with the Services or for other purposes referred to in these Terms. You must not upload User Content, or otherwise deal with User Content through www.decopromotionalmaterial.com, if you do not have the right to do so. Each User shall ensure that his/her User Content, and his/her and our use of it, does not:
- infringe anyone’s copyright; in particular, you must ensure that you either own the copyright in an Image that you upload to www.decopromotionalmaterials.com or that you are fully licensed by the copyright owner to upload the Image and to make any subsequent use of it (such as by including the Image in a Product) or in email and postal communications we send to you);
- infringe anyone’s privacy or data protection rights; in particular, you must ensure you have the right to depict any person who appears in an Image that you upload/send by email to www.decopromotionalmaterials.com and to authorize the subsequent use of it (such as by including a depiction of that person in a Product or in email and postal communications we send to you);
- infringe any other rights, such as a trade mark, of any person or entity or a duty owed to any person or entity, such as a duty of confidentiality;
- contravene any applicable law (including, without limitation, any criminal law) or regulation;
- include anything that is false, inaccurate, misleading, offensive, abusive, threatening or defamatory, or that might cause needless annoyance, inconvenience or distress to any person;
- contain any computer virus, macro virus, Trojan horse, worm, or anything else designed to interfere with, interrupt, or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority, or expropriate any system, data or personal information;
- misrepresent the User’s identity in any way or impersonate any person;
- include any material containing personally identifying information about another person, such as their real name, address, phone number, or email address, except with the written approval of that person;
- contain material which is pornographic, obscene, indecent or offensive, which promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or that may incite hatred or violence against any person or group;
- harass, upset, embarrass, alarm or annoy any person;
- give the impression that it emanates from us, if this is not the case;
- advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
- Terms of purchase for Products
A contract between a User and Deco for the purchase of a Product is created as follows:
- The User places the order for a Product on the Site or by pressing an order confirmation button at the end of the order form.
- By confirming your order, you are agreeing to purchase the Product you have selected.
- We will send to you a “Confirmation order” email detailing your order for the Product, and other information we must provide to you.
Note that Deco may reject an order in certain circumstances, namely:
- Your order breaching the requirements of these Terms;
- The use of Images which infringe the Content Rules;
- The use of Images which are corrupted, unsupported technically or inadequately pixelated;
- The Product you order being unavailable;
- A relevant pricing or Product description error being identified.
If your order is rejected, we will contact you to confirm this.
- Closure of Accounts
You may choose to cancel your Account at any time You may be asked to provide further proof that you are the holder of the Account. Further, we are entitled to lapse an Account if its User has not logged in to the Account for two years or more. If your Account is terminated because you have breached this Agreement (including a breach of our Content Rules), we may prohibit you from establishing another Account. Where an Account is cancelled, lapses or is terminated, we are entitled to close the Account and entitled (but not obliged) to delete all Images and other User Content associated with that Account. You will nevertheless remain responsible for performing your obligations under these Terms, and the rights granted to us under these Terms shall not be terminated as a result.
- Our Role
To the extent that the law permits, you release Deco, its agents, directors, officers, shareholders and employees from all liability arising out of or in connection with any Images or other User Content. You must not assume that accessing, the import or export, or the advertising, offering, purchase or sale, of any Image, User Content or Product complies with applicable law or regulation by reason of it appearing on www.decopromotionalmaterial.com.
We reserve the right at any time and without notice (a) to suspend or terminate your ability to access www.decopromotionalmaterials.com (b) your use of all of part of the Services, (c) to remove from access via www.decopromotionalmaterials.com any User Content associated with a User or his/her Account, (d) to warn Users and other users of www.decopromotionalmaterials.com against interacting with a particular User, and/or (e) to take technical and legal steps to stop any Users from using www.decopromotionalmaterials.com if they appear to us to be in breach of any provision of these Terms. Should we do so, you acknowledge that we shall not incur any liability to you or to any other person. In addition, we are entitled to suspend provision of all or part the Services, or the availability of User Content associated with any User, at any time if we are obliged or advised to comply with an order, instruction or request of any limb of government, or any regulator, court or other competent authority.
- Additional services.
- Operation of www.decopromotionalmaterials.com
We reserve the right to withdraw or modify all or part of the Services or www.decopromotionalmaterials.com where we have legal or commercial reasons to do so. There may be times when the operation of www.decopromotionalmaterials.com is adversely affected, or becomes inaccessible, as a result of technical difficulties experienced by www.decopromotionalmaterial.com, on the Internet or other communications networks, or other matters that are beyond our control. Please note, however, that we cannot guarantee continuous, uninterrupted or secure access to www.decopromotionalmaterials.com or any of the material that appears on it. If we are conducting a period of planned unavailability of the Services, we will inform Users of this by a notice that appears on one or more pages of www.decopromotionalmaterial.com. For security or other reasons, we may require you to change your password or other information which facilitates access to www.decopromotionalmaterial.com; however, we will never ask you for your password. You are solely responsible for maintaining the confidentiality of your password and any additional identifying information.
We use reasonable care and skill to provide www.decopromotionalmaterials.com in accordance with our specifications for www.decopromotionalmaterials.com but:
- the Services are provided “as is”; and
- We cannot and do not guarantee that www.decopromotionalmaterials.com or the Services will meet your requirements, including (without limitation) as to the availability or speed of delivery of any User Content placed on or made through www.decopromotionalmaterial.com.
- We cannot be held liable for any errors, be it spelling, color variations or otherwise, in any images which you send to us to print on any media.
You agree to indemnify www.decopromotionalmaterial.com, its agents, directors, officers, shareholders, employees and subcontractors against all liabilities, claims and expenses that may arise out of or in connection with any:
- breach of these Terms by you or through your Account; or
- User Content associated with you or your Account.
We reserve the right to assign these Terms, and to assign or subcontract any or all of our rights and obligations under these Terms, but will not do so in such a way as to reduce any guarantees you are given under these Terms. You may not without the written consent of www.decopromotionalmaterials.com assign or dispose of these Terms or any of your rights and obligations under it.
- Changes to these Terms
We reserve the right to change these Terms from time to time, and post the new version on www.decopromotionalmaterial.com. The new version of these Terms will take effect:
- commencing 28 days after the date of posting (or such later date as we indicate in the relevant posting), if any of the changes is to an operative provision of these Terms which is capable of adversely affecting you; or
- immediately upon the date of posting (or such later date as we indicate in the relevant posting), if the changes are not reasonably capable of adversely affecting you – examples of which would include, without limitation, (i) changing the name of, and/or the web-address (www.decopromotionalmaterial.com) that you use to access, and (ii) the refinement of provisions that are already included or referred to in these Terms.
In either case, if you do not wish to be governed by the new version of these Terms, you must cease to use the Services and www.decopromotionalmaterial.com. For the avoidance of doubt, we will not have any liability to you in that event.
These Terms, the Services each order and purchase of a Product shall be governed by Maltese law. You and we each submit to the non-exclusive jurisdiction of the Maltese courts in relation to disputes arising in connection with these Terms, the Services and any order for or purchase of a Product.
We are a company registered in Malta under the name Deco Manufacturing Ltd; the address of our head office is B8A, Bulebel Industrial Estate, Zejtun ZTN 3000, Malt. You can contact us by post at the above address or by email at email@example.com. We will send our notices to you by email to the email address specified in your Account.