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1. TERMS OF SALE AGREEMENT.
1.1 Purchases of services or products by the User (also referred to as "you", "your" or “customer”) through Feelgd, its parent, subsidiaries or affiliates, or their respective officers, directors, contractors, employees, representatives or agents (collectively referred to as "Feelgd", “Feelgd.com” and also referred to as "us", "we" or "our") are governed by this Terms of Sale Agreement (also referred to as "TSA").
1.2 This TSA is a legal contract between you, the User and Feelgd, its parent, subsidiaries or affiliates, or their respective officers, directors, contractors, employees, representatives or agents. You accept the terms of this TSA by uploading, making a purchase, placing an order, or otherwise shopping or browsing on Feelgd.com or other sites under our control. The terms and conditions of this TSA are subject to change without prior notice. Notwithstanding, the terms and conditions posted on Feelgd.com at the time the order is initially placed or an order is modified will govern the order in question. This TSA constitutes the entire agreement between you and Feelgd, its parent and / or affiliates. In the event of any conflict between any terms and conditions stated on your order and this TSA or any terms and conditions on an invoice, you agree that the provisions of this TSA and our order shall control Delivery.
1.3 Please read this TSA carefully before uploading or making a purchase. If you do not wish to accept our TSA, please do not upload or purchase any products and / or services from us. When you click on the “PAY NOW” or similar button on a secure payment page within our site or the site of our authorised billing provider, you agree to purchase the products and / or services indicated, using the information you have provided, certifying that this information is true and accurate and you further agree to complete the purchase in accordance with the terms and conditions included on any relevant screens, and in accordance with this TSA.
2. YOUR PURCHASE.
2.1 If you are dissatisfied with your purchase of our product and / or service, you are entitled to a full money back guarantee, valid for 14 days, as of the purchase date. The refund is subject to the sole discretion of Feelgd and completion of our customer dissatisfaction form. In order to claim your refund the consumer must contact us via our email address: dissatisfaction@feelgd.com.
Feelgd will attempt to resolve any problems or issues as quickly and easily as possible.
2.2 All products are sold with the joint understanding that you possess a basic knowledge of computer systems and software functionality. No refunds for products and / or services will be accepted due to your inability to understand and utilize the products and / or services because of a lack of knowledge of basic computer functions.
2.3 After you place an order with Feelgd, you should receive an email acknowledgment usually within one hour to confirm that Paypal, our authorised billing provider, has acknowledged your order on our behalf and is currently notifying us. The email will contain the details of your order, the itemized and total amounts that will be billed to your credit or debit card. As soon as we in our turn receive notification of your order we will process your order and take the appropriate action prior to delivery. We reserve the right to reject the order on this stage without giving any notice or reason for our decision to you, prior to the delivery of our products and / or services.
2.4 All products and / or services that are downloadable and / or delivered via Internet means are normally made available to the Consumer within minutes after a successful and authenticated transaction (i.e. appropriate delivery and / or billing address provided, other required details provided, transaction approved by your Credit Card Company and / or your Card Issuer, successful payment made to our billing account at Paypal by your Credit Card Company and / or your Card Issuer, and our additional security checks have not provided us with any alarming information).
2.5 After your purchase has been authenticated, Feelgd will provide delivery of your purchased product/s. The purchased product/s will be available to be downloaded within the ‘My downloads’ section of your Feelgd User Account, for a period of 30 days (as of the date of purchase). While the delivery process is set up for instant transmission of our products, Feelgd will not refund the purchase price of the products because of a delay in providing these products of up to 24 hours, or of a delay in providing other information, and Feelgd is not responsible for any delays in transmission due to Internet service outages or email delivery delays from your Internet Service Provider and / or Email Service Provider, or ours.
2.6 Should Feelgd determine, at its sole discretion, that a purchase initiated could possibly be an attempt to obtain products and / or services via fraudulent means we shall retain the right to delay the order until such a time that we can verify that you are indeed the rightful owner of the financial instrument or we may cancel the purchase entirely.
2.7 By downloading or purchasing any products and / or services from Feelgd, you agree to be bound by these terms, conditions and requirements: The downloaded file(s) are provided to you AS IS. You accept all risks which may arise from the downloading of files, including but not limited to errors in transmission or corruption of existing data or software or virus. You are solely responsible for adequate protection and backup of the data and equipment used in connection with any downloaded files, and Feelgd will not be liable for any damages in connection with use of downloaded files. Feelgd does not guarantee downloaded files nor provide any warranties whatsoever, implied or expressed, and without limitation, damages for loss of profits or business, data, goodwill, computer failure, or any other commercial losses or damages. In no event shall Feelgd be liable for any indirect, special, consequential or incidental damages however they may arise, even if Feelgd shall have been advised of the possibility of such potential loss or damage. Feelgd reserves the right to change the files at any time without prior notice.
2.8 We reserve the right to refuse to sell products and / or services to anyone, at our sole discretion.
3. YOUR DATA AND PRIVACY.
3.1 During the transaction process, some Consumer contact information and purchase history is collected by our systems. This data is kept secure and used to complete your successful authenticated transaction.
3.2 Feelgd reserves the right to send relevant offers via email to our Consumers using this contact data. Should you wish to be removed from our marketing list, please contact us immediately at contact@feelgd.com.
We may disclose your personal information to:
- our parent companies, subsidiaries, affiliates and other companies within the Feelgd Ltd group to help detect and prevent potentially illegal acts;
- our parent companies, subsidiaries, affiliates and other companies within the Feelgd Ltd group of companies to provide joint services;
- service providers under contract who provide elements of our services, provide separate services that are complimentary to your use of the Site or otherwise help with our business operations (such as fraud investigations, bill collection, affiliate and rewards programmes and marketing activities);
- other third parties to whom you explicitly ask us to send your information, or about whom you are otherwise explicitly notified and consent to when using a specific service, or to those parties which Feelgd feel are appropriate;
- law enforcement agencies, other governmental agencies or third parties in response to a request for information (such as a Section 29 (3) Data Protection Act 1998 form) relating to a criminal investigation, alleged illegal activity or any other activity that may expose us, you or any other Feelgd user to legal liability. The personal information we disclose may include your User ID and User ID history, name, city, county, country, nationality, telephone number, email address, fraud complaints and purchase and upload history or anything else that we deem relevant;
- should we merge with, or be acquired by another business entity. Should such a combination occur, we will require that the new combined entity follow this Privacy Policy with respect to your personal information. If your personal information will be used contrary to this Privacy Policy, you will receive prior notice. Responsibility for this lies with Feelgd in the case of a merger and with the acquiring business entity upon takeover.
Without limiting the above, in an effort to respect your privacy and our ability to keep the community free from Feelgd users who attempt to carry out fraudulent or illegal activities on the Site, we will not otherwise disclose your personal information to other Feelgd users without a court order (or in circumstances where we are under a substantially similar legal obligation), except when we believe in good faith that the disclosure of such information is necessary to prevent imminent physical harm, property damage or financial loss or to report or put a stop to suspected illegal activity. If however the user uploads content which includes details of a personal nature, Feelgd hold no responsibility for the disclosure of this information and this is solely the responsibility of the user.
4. CREDIT CARD PURCHASES.
4.1 The term "credit card holder" as used in these terms and conditions is defined as the person or entity in whose name the credit card was issued by the bank or financial institution that appears on the credit card. When you complete an online purchase from Feelgd using a credit card for payment, you agree to the following terms and conditions.
4.2 You are the credit card holder, or the credit card holder is aware you are making the purchase and has authorised you in advance to make the purchase using their credit card.
4.3 If you are not the credit card holder, you agree to notify the credit card holder of the purchase before making the purchase, and you guarantee to Feelgd that you have made the credit card holder aware of the purchase in advance.
4.4 Should you have a problem with your purchase, you will contact Feelgd to allow us to resolve the problem before contacting either the financial institution that issued the credit card or the credit card company itself.
4.5 To threaten a chargeback to alter purchase price after an order is placed is extortion; it is a criminal offence. Fraudulent use of credit cards will be investigated and reported to the police forces, your local bank, our billing and / or merchant service and any other applicable authorities. We will prosecute to the full extent of the law.
4.7 An unauthorised credit card charge back after an order has been placed is known as friendly fraud or chargeback abuse, even if you are the owner of the card, it is theft and still fraud. We will dispute the chargeback with all the information regarding transaction we would have at our disposal and, as required, file a report with the applicable authorities and the credit card company.
4.8 Original orders processed in error, with an improper address, wrong phone number, declined or expired card, etc. will be cancelled and require that a new order be initiated with the correct information.
4.9 We accept only those credit cards mentioned on the product ordering screens as the payment options for your purchase. All prices are stated in U.K. British Pounds and US Dollars and are stated on your invoice in British Pounds. Be aware that the price stated in US Dollars is subject to currency and/or exchange rate variations and will vary in line with this. All credit card charges will be settled in U.K. British Pounds at the time of purchase, and in cases where your account is in a different currency you will be charged according to the exchange rate of your financial institution at the time of the purchase. Feelgd reserves the right to change the prices of our products or services sold on our web sites at any time and without notice.
5. CREDIT CARD/PAYMENT.
5.1 If for any reason your payment is declined and we do not receive the money owed and subsequent to giving you notice of this, we do not reach a satisfactory resolution, your debt will then be turned over to our collections department and / or a 3rd party debt collection service and you will be charged to cover all losses and expenses and for the product and / or service received, incurred as a result of your failure to pay. The Consumer of any products and / or services from Feelgd understands and agrees that all products and / or services and / or downloads are considered final purchases for which refunds will only be considered, subject to our TSA.
5.2 Further, you agree and acknowledge that you shall be solely responsible for and shall bear (and/or immediately reimburse) Feelgd for any chargeback fees issued to Feelgd by or from any credit card company, merchant service or other source of payment that is initiated at your or the credit card holders request. Stated another way, should you or the credit card holder request a refund or chargeback from any credit card company, merchant service or other source of payment on the purchase of Feelgd products and / or services and should said card company, merchant or other source thereafter impose any fee or amount to Feelgd because of this request or as a result, you and / or the credit card holder shall reimburse Feelgd for the said charge back fee or amount plus any of our losses and / or expenses. By purchasing any products and / or services from Feelgd, you and / or the credit card holder expressly authorise Feelgd to direct a payment/charge to be made to the credit card account (the same being the credit card account used in the initial purchase of said products and / or services) or in the amount of the said refund and charge back fee (or amount charged to Feelgd for such refund) plus our losses and expenses spoken of herein.
6. WITHDRAWAL.
6.1 Funds cannot be withdrawn from a User’s Feelgd Account until they exceed the withdrawal limit of £20. In order to withdraw funds the User’s Feelgd Account must exceed £20 on all occasions. Payment for the requested withdrawal amount will take place monthly. Payment requests must be made prior to 12.00am Greenwich Mean Time (GMT) on the last day in that calendar month for payments to be received by the 15th of the following calendar month.
7. DUTIES AND/OR TAXES.
7.1 Feelgd is not responsible for any duties or taxes that may be assessed by any authorities, Foreign or Domestic on your behalf. You are solely responsible for any duties or taxes that may be assessed by any authorities, Foreign or Domestic.
8. TERMS OF USE.
8.1 When you upload content, you grant us an exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise the copyright, trade marks, database rights and all other intellectual property rights you have in the content, in any media known now or in the future. In addition, you waive all moral rights you have in the content to the fullest extent permitted by law. (We need these rights to host and display your content.)
8.2 Any reproduction or redistribution of any Feelgd product or product part and / or services not in accordance with the Suggested/Accepted Use is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. No program, code, part, image, video clip, audio sample, text, idea, feel, or computer generated sequence of images may be copied or used in any way by the user except as intended within the bounds of the Acceptable and / or Suggested use policies.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF OUR PRODUCTS TO ANY OTHER SERVER OR COMPUTER EQUIPMENT, STORAGE MEDIUM OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY FEELGD.COM LIMITED.
You undertake not to carry out any unauthorised distribution, resale, or display for that purpose any of our products and will deal with it in all respects in a manner which is consistent with any copyright, database right and other similar rights or obligations of Feelgd, and not to copy or print, reproduce, distribute, or display in any form without the express consent of the copyright holder inclusively.
8.3 If you want to use or are thinking of using Feelgd, you must check with your University or any other academic or professional guidelines first to ensure that using a service such as ours does not infringe the University guidelines. In addition, if you decide you can use us, check your guidelines to see how to do it. We offer no advice on whether you can or cannot use our services, and we cannot be held responsible for any decision to use us, or how you decide to use us. When you purchase any copy of products and / or services through Feelgd, you agree to assume full liability in the event your actions are deemed illegal from any entity, Foreign or Domestic.
8.4 By submittal of any order through Feelgd, you declare and warrant that you are provided with all material, products and / or services on an "AS IS" basis, and Feelgd makes no representation or warranties of any kind, as to the information, content, materials, included. FEELGD DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. All research, and other products and services, title, abstract, resources, data and other intellectual property rights remain ours. You accept and acknowledge that we provide all products and / or services in whole or part subject to availability.
8.5 Feelgd, our parent, subsidiaries, affiliates, shareholders, officers, directors, agents, contractors and employees bear no responsibility for the marking of the work you have completed with our help, nor do we guarantee any standard of degree qualification you may receive with the help of our service. You expressly agree that in no way does the percentage stated for any of our products constitute a guarantee of the mark awarded to any piece submitted by a Consumer who has used the services of Feelgd, or any guarantee of the Consumer's final degree mark.
You expressly accept that Feelgd provides research services in order to help students learn and advance educational standards. By purchasing research papers from us you undertake not to pass off or submit (for any purpose whatsoever) all or any constituent part of the Paper commissioned by you from Feelgd as your own work or that of a third party.
8.6 The intended purpose of our research services is that they are used as models to assist in the preparation of your own research papers. Feelgd, our parent, subsidiaries, affiliates, shareholders, officers, directors, agents, contractors and employees neither endorse nor tolerate any form of plagiarism, whole or partial, and will not engage in any activity that facilitates academic and / or professional deception. Feelgd will NEVER sell a product or offer services to ANY Consumer giving us ANY reason to believe that (s)he will submit our work, either in whole or part, for academic credit at any institution under their own name.
8.7 We reserve the right to remove from the site any work which is not economically viable or which contains lewd or offensive content.
8.8 You expressly agree that if you quote from any of our products for academic purpose you will reference the research paper in the "References" or "Bibliography" section of your assignment, coursework, dissertation or PhD or in the general text of any other article, in accordance with your Institution’s format of referencing, such as: Feelgd (year of the paper) "Title of the paper", Available from http://www.feelgd.com [Accessed date]
9. WAIVER AND LIMITATION OF LIABILITY.
9.1 You expressly agree to defend, indemnify and hold completely harmless Feelgd and (as applicable) our parent, subsidiaries, affiliates, shareholders, officers, directors, agents, contractors and employees from and against any and all claims, damages, costs, and expenses, including all attorneys/legal fees, arising from or related to your use of the products and / or services we display, offer or sell.
9.2 You expressly agree to indemnify, hold harmless, and defend Feelgd against lawsuits, claims, damages, costs associated with defence or accusations, and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, shareholders, directors, agents, contractors and employees, harmless from any claim or demand, including attorneys' and other legal fees, made by any third party due to or arising out of your breach of this agreement, or use of products and / or services ordered by you, which may prove to be in violation of any treaty or law or the infringement on the intellecTSAl rights of a third party, Foreign or Domestic.
9.3 You hereby acknowledge that the warranty provided herein and the accompanying obligations and liabilities of Feelgd are exclusive and you hereby waive all other remedies, warranties, guarantees or liabilities, express or implied, arising by law or otherwise, whether or not occasioned by our negligence.
9.4 You acknowledge by your use of Feelgd products and / or services that your use of the products and / or services or any reliance upon them is at your sole risk, and that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with Feelgd's products and / or services.
9.5 You hereby acknowledge your understanding that Feelgd and (as applicable) our parent, subsidiaries, affiliates, shareholders, officers, directors, agents, contractors and employees will not be responsible or liable for any form of consequential, incidental, statutory, punitive, exemplary or indirect damages of any kind or type arising from any type of commercial, business, environmental, tort, warranty, contract, strict liability or other causes arising directly or indirectly from, or in connection with, any products and / or services or their use. Follow all instructions and heed all warnings accompanying any products and / or services acquired from us.
9.6 You hereby acknowledge your understanding that Feelgd and (as applicable) our parent, subsidiaries, affiliates, shareholders, officers, directors, agents, contractors and employees do not review the content of our products and will not be held responsible for their content. If a customer is dissatisfied with a product then it is their responsibility to contact Feelgd immediately (in accordance with section 2.1). If Feelgd receive repeat complaints about a product/s, Feelgd reserve the right to remove the offending product, seek financial compensation from the offending party and to ban user/s where deemed appropriate.
9.7 You alone, and / or with any other persons(s) and / or entities, agree not to join in any lawsuit, legal action or serve as a class representative of any class action lawsuit against Feelgd and (as applicable) our parent, subsidiaries, affiliates, shareholders, officers, directors, agents, contractors and employees arising from your purchase or use of products and / or services from us.
9.8 If any provision of this TSA is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of this TSA, with the other original provisions remaining in full force and effect.
10. CONSEQUENTIAL DAMAGES.
10.1 In no event shall Feelgd, its parent, subsidiaries or affiliates, or their respective shareholders, officers, directors, contractors, employees, representatives or agents (collectively, "Feelgd") be liable for special, incidental, consequential, punitive, indirect, or other special damages, including but not limited to, loss of data, use, or profits, however caused, whether for breach of contract, negligence, or otherwise, and whether or not Feelgd has been advised of the possibility of any such damages.
11. GOVERNING LAW.
11.1 The governing laws are the laws of the United Kingdom. If any provision of this TSA or action by Feelgd and (as applicable) our parent, subsidiaries, affiliates, shareholders, officers, directors, agents, contractors and employees is held to be invalid by any law, rule, order or regulation of any government or by the final determination of any state or court, such invalidity shall not affect the enforceability of any other provision of this TSA.
12. TERMS, CONDITIONS AND CONTENT ARE SUBJECT TO CHANGE WITHOUT NOTICE.
12.1 The Feelgd site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on our site may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice. Feelgd and its subsidiaries reserve the right to refuse service, terminate accounts, and / or cancel orders in its discretion, including, without limitation, if Feelgd believes that Consumer conduct violates applicable law or is harmful to the interests of Feelgd and / or its parent, subsidiaries or affiliates.
12.2 The content on Feelgd site has been compiled from a variety of sources and is subject to change without notice as are any products, services, information about products and / or services, programs, offerings, or technical information described herein. Feelgd makes no representation or warranty whatsoever regarding the completeness, quality, or adequacy of our site or content, or the suitability, functionality, or operation of our site or its content. By using our site, you assume the risk that the content on the site could be inaccurate, incomplete, offensive, or may not meet your needs and requirements.
12.3 FEELGD SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THESE WEB PAGES AND CONTENT. IN NO EVENT WILL FEELGD BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12.4 Any warranties provided in connection with some of the products and / or services described on Feelgd are provided by the advertiser or seller only, and not by us. The references and descriptions of products and / or services within Feelgd materials are provided "as is" without any warranty of any kind, either express or implied. Feelgd is not liable for any damages, including any consequential damages, of any kind that may result to the user from the use of the materials on our site or of any of the products or services described herein. The descriptions of, and references to, products, services and companies on this Web site are the sole responsibility of the information sources in the public domain providing the information and not Feelgd. The inclusion of material on this server does not imply any endorsement by Feelgd or any advertiser and / or seller, which makes no warranty of any kind with respect to the subject matter of the server materials advertised. A possibility exists that the server materials could include inaccuracies or errors. Additionally, a possibility exists that unauthorized additions, deletions, and alterations could be made by third parties to Feelgd server materials.
12.5 Although Feelgd tries to ensure the integrity and the accurateness of our server materials, we make no guarantees about their correctness or accuracy. Before relying on any representation made in any of the server materials, ensure that you read the summary and / or contents list, as applicable.
12.6 No modification of this TSA shall be effective unless it is authorized in writing by Feelgd.
13. VOID WHERE PROHIBITED.
13.1 Although the information on Feelgd.com is accessible worldwide, not all products and / or services are available to all persons or in all geographic locations or jurisdictions. Feelgd, its parent and any advertisers or affiliates each reserve the right to limit the provision of their products or services to any person, geographic area, or jurisdiction they so desire and to limit the quantities of any products or services that they provide.
13.2 Any offer for products and / or services made within the materials on Feelgd are void where prohibited.
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