Terms & Conditions
This website is operated by Incandescent Shine Ltd.
Throughout the site, the terms “we”, “us” and “our” refer to Incandescent Shine Ltd. Incandescent Shine
Ltd offers
this
website,
including all information, tools and services available from this site to you, the user, conditioned
upon
your
acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
ONLINE STORE TERMS
By agreeing to these Terms of Service, you
represent that you are at least the age of majority in your state or province of residence, or that you
are the age
of
majority in your state or province of residence and you have given us your consent to allow any of your
minor
dependents
to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you,
in the use
of
the Service, violate any laws in your jurisdiction (including but not limited to copyright
laws).
You
must not
transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of
the Terms
will
result in an immediate termination of your Services.
GENERAL CONDITIONS
We reserve the
right to refuse service to anyone for any reason at any time.
You understand that your content (not
including
credit card information), may be transferred unencrypted and involve (a) transmissions over various
networks; and
(b)
changes to conform and adapt to technical requirements of connecting networks or devices. Credit card
information is
always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell,
resell or
exploit any portion of the Service, use of the Service, or access to the Service or any contact on the
website
through
which the service is provided, without express written permission by us.
The headings used in this
agreement
are
included for convenience only and will not limit or otherwise affect these Terms.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on
this site
is not accurate, complete or current. The material on this site is provided for general information only
and should
not
be relied upon or used as the sole basis for making decisions without consulting primary, more accurate,
more
complete
or more timely sources of information. Any reliance on the material on this site is at your own
risk.
This site
may
contain certain historical information. Historical information, necessarily, is not current and is
provided for your
reference only. We reserve the right to modify the contents of this site at any time, but we have no
obligation to
update any information on our site. You agree that it is your responsibility to monitor changes to our
site.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to
change without notice.
We reserve the right at any time to modify or discontinue the Service (or
any
part or
content thereof) without notice at any time.
We shall not be liable to you or to any third-party
for
any
modification, price change, suspension or discontinuance of the Service.
PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website.
These
products or services may have limited quantities and are subject to return or exchange only according to
our Return
Policy.
We have made every effort to display as accurately as possible the colors and images of our
products
that
appear at the store. We cannot guarantee that your computer monitor's display of any color will be
accurate.
We
reserve the right, but are not obligated, to limit the sales of our products or Services to any person,
geographic
region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to
limit
the
quantities
of any products or services that we offer. All descriptions of products or product pricing are subject
to
change at
anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at
any time.
Any
offer for any product or service made on this site is void where prohibited.
We do not warrant that
the quality
of
any products, services, information, or other material purchased or obtained by you will meet your
expectations, or
that
any errors in the Service will be corrected.
The products on
this site are intended for professional use only and when purchasing products you agree you are a
suitably
qualified
professional
or that you are undergoing training by a suitibly qualified instructor who will monitor your use of the
products. If
in
doubt please contact us as we cannot be held responsible for misuse or understanding of the intended use
of our
products
Online Video Products
All video products that are offered online are for streaming services only, Incandescent Shine Ltd. do not offer an option to download any instructional video products purchased throught this site. We reserve the right to continually update, or change the content within these products in any way we believe will enhance the quality of the final video product. Should Incandescent Shine Ltd cease to make available an online streaming service then all videos purchased can be requested to be sent for customer retention. Incandescent Shine Ltd. own all content, and copyright this content as such that you may not copy, distribute, license or resell any content contained within these videos.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
OPTIONAL TOOLS
We may provide you with access to
third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and
agree that
we
provide access to such tools ”as is” and “as available” without any warranties, representations or
conditions of any
kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your
use of
optional
third-party tools.
Any use by you of optional tools offered through the site is entirely at your
own
risk and
discretion and you should ensure that you are familiar with and approve of the terms on which tools are
provided by
the
relevant third-party provider(s).
We may also, in the future, offer new services and/or features
through the
website (including, the release of new tools and resources). Such new features and/or services shall
also
be subject
to
these Terms of Service.
THIRD-PARTY LINKS
Certain content, products and services
available via our Service may include materials from third-parties.
Third-party links on this site
may direct
you
to third-party websites that are not affiliated with us. We are not responsible for examining or
evaluating the
content
or accuracy and we do not warrant and will not have any liability or responsibility for any third-party
materials or
websites, or for any other materials, products, or services of third-parties.
We are not liable for
any harm or
damages related to the purchase or use of goods, services, resources, content, or any other transactions
made in
connection with any third-party websites. Please review carefully the third-party's policies and
practices
and make
sure
you understand them before you engage in any transaction. Complaints, claims, concerns, or questions
regarding
third-party products should be directed to the third-party.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries)
or
without a request from us you send creative ideas, suggestions, proposals, plans, or other materials,
whether
online, by
email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time,
without
restriction,
edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward
to us. We
are
and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for
any
comments;
or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove
content
that we
determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory,
pornographic,
obscene
or
otherwise objectionable or violates any party’s intellectual property or these Terms of
Service.
You
agree that
your comments will not violate any right of any third-party, including copyright, trademark, privacy,
personality or
other personal or proprietary right. You further agree that your comments will not contain libelous or
otherwise
unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any
way affect
the
operation of the Service or any related website. You may not use a false e-mail address, pretend to be
someone other
than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely
responsible
for
any comments you make and their accuracy. We take no responsibility and assume no liability for any
comments posted
by
you or any third-party.
PERSONAL INFORMATION
Your submission of personal information
through the store is governed by our Privacy Policy.
To view our Privacy Policy
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that
contains
typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing,
promotions,
offers,
product shipping charges, transit times and availability. We reserve the right to correct any errors,
inaccuracies
or
omissions, and to change or update information or cancel orders if any information in the Service or on
any related
website is inaccurate at any time without prior notice (including after you have submitted your
order).
We
undertake no obligation to update, amend or clarify information in the Service or on any related
website,
including
without limitation, pricing information, except as required by law. No specified update or refresh date
applied in
the
Service or on any related website, should be taken to indicate that all information in the Service or on
any related
website has been modified or updated.
PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be
uninterrupted,
timely, secure or error-free.
We do not warrant that the results that may be obtained from the use
of
the
service
will be accurate or reliable.
You agree that from time to time we may remove the service for
indefinite periods
of
time or cancel the service at any time, without notice to you.
You expressly agree that your use
of,
or
inability
to use, the service is at your sole risk. The service and all products and services delivered to you
through the
service
are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any
representation,
warranties or conditions of any kind, either express or implied, including all implied warranties or
conditions of
merchantability, merchantable quality, fitness for a particular purpose, durability, title, and
non-infringement.
In no case shall Incandescent Shine Ltd, our directors, officers, employees,
affiliates,
agents,
contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim,
or
any
direct,
indirect, incidental, punitive, special, or consequential damages of any kind, including, without
limitation lost
profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether
based in
contract,
tort (including negligence), strict liability or otherwise, arising from your use of any of the service
or
any
products
procured using the service, or for any other claim related in any way to your use of the service or any
product,
including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind
incurred as
a
result of the use of the service or any content (or product) posted, transmitted, or otherwise made
available via
the
service, even if advised of their possibility. Because some states or jurisdictions do not allow the
exclusion or
the
limitation of liability for consequential or incidental damages, in such states or jurisdictions, our
liability
shall be
limited to the maximum extent permitted by law.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Incandescent Shine Ltd and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
TERMINATION
The obligations and liabilities of the parties incurred prior
to the termination date shall survive the termination of this agreement for all purposes.
These
Terms
of
Service
are effective unless and until terminated by either you or us. You may terminate these Terms of Service
at
any time
by
notifying us that you no longer wish to use our Services, or when you cease using our site.
If in
our
sole
judgment
you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of
Service, we
also
may terminate this agreement at any time without notice and you will remain liable for all amounts due
up
to and
including the date of termination; and/or accordingly may deny you access to our Services (or any part
thereof).
ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or
provision of these Terms of Service shall not constitute a waiver of such right or provision.
These
Terms of
Service and any policies or operating rules posted by us on this site or in respect to The Service
constitutes the
entire agreement and understanding between you and us and govern your use of the Service, superseding
any
prior or
contemporaneous agreements, communications and proposals, whether oral or written, between you and us
(including,
but
not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation
of
these
Terms
of Service shall not be construed against the drafting party.
GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 1 Elmfield Avenue Huddersfield GB HD3 4SQ.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this
page.
We
reserve the right, at our sole discretion, to update, change or replace any part of these Terms of
Service
by
posting
updates and changes to our website. It is your responsibility to check our website periodically for
changes. Your
continued use of or access to our website or the Service following the posting of any changes to these
Terms of
Service
constitutes acceptance of those changes.
CONTACT INFORMATION
Any questions about our Terms of Service should be sent to us at
Incandescent Shine Ltd.
1 Elmfield Avenue
Huddersfield
West Yorkshire
HD3 4SQ
you can also email us support@incandescent-shine.com clearly stating your request or by filling in our Contact Us form
last updated 12th February 2020