Terms & Conditions
1
These terms
1.1
These are the terms and conditions (Terms) on which we supply our profiling service. Please read these Terms carefully before signing up to the service.
1.2
Please note that your use of this website and other services available through it are also governed by other applicable terms and conditions on this website, including our Privacy Policy. If you sign up to the profiling service you expressly accept that we start providing you this service within your 14-day cancellation period, and you accept these Terms.
1.3
If there is any discrepancy between these Terms and other terms and conditions on this website these Terms prevail in relation to our supply of the profiling service. References in the Terms to in “writing” include email.
2
Information about us and how to contact us
This website and the profiling service are provided by The Marque Global LTD, a company incorporated in England with company number 08281038 and a registered office at 1 Luke Street, London, EC2A 4PX (we, us, our as the context requires). Our registered VAT number is 155 6059 03. You can contact us by telephoning us at +44 (0)20 3475 4433 or by writing to us at mail@themarque.com and The Marque Global Ltd, 23 Berkeley Square, London W1J 6HE.
3
Contract and your right to cancel
3.1
Our contract with you to provide the profiling service commences as soon as we confirm to you by email that we have verified your identity and received payment of the fee for the first 12 months. Note that we reserve the right to refuse your request for us to supply the profiling services to you at our discretion.
3.2
You have 14 days after the day we email you as provided in clause 3.1 to cancel the contract. To end the contract with us, please let us know by contacting us by phone or email. Call us on +44 (0)20 3475 4433 or email us at mail@themarque.com. Please provide your name, home address and, where available, your phone number and email address.
3.3
If you cancel our contract as referenced above and have received any services during the period the contract was in force we will issue you a prorated refund based on the number of whole months remaining in relevant annual period for which you have paid. If you have not received any services during such period we will refund the full sum paid. We will make any refunds due to you within 14 days of your cancelling the contract.
4
The services
4.1
We will provide the profiling services with reasonable skill and care.
4.2
Please note that no guarantee is given that your profile will always be up to date, or that any search engine optimisation will be achieved for your profile.
5
Fees and renewal
5.1
The annual fee for the profiling service is currently £750. The fee is non-refundable except as expressly set forth in these Terms.
5.2
AT THE END OF THE FIRST AND ANY FOLLOWING ANNUAL PERIOD, THIS CONTRACT WILL RENEW AUTOMATICALLY FOR ANOTHER EQUIVALENT PERIOD, UNLESS YOU NOTIFY US BEFORE RENEWAL THAT YOU WANT TO CANCEL. YOU UNDERSTAND THIS CONTRACT WILL AUTOMATICALLY RENEW AND YOU AUTHORISE US (WITHOUT FURTHER NOTICE TO YOU) TO COLLECT THE THEN-APPLICABLE ANNUAL FEE USING ANY PAYMENT CARD WE HAVE ON RECORD FOR YOU.
5.3
If all payment cards we have on file for you are declined for payment of the applicable fee, you have 30 days to provide us a new payment card or the contract will be cancelled. If you provide us with a new card and are successfully charged within 30 days, the annual period will be based on the original renewal date and not the date of the successful charge.
6
Changes
6.1
We may in our discretion change these Terms from time to time without notice to you by posting revisions on the website. YOUR CONTINUED USE OF THE PROFILING SERVICE AFTER ANY CHANGE CONSTITUTES YOUR ACCEPTANCE OF THE CHANGE. IF YOU DO NOT AGREE TO ANY CHANGE, YOU MUST CANCEL THE CONTRACT.
6.2
Any fee increases will not apply until the next renewal period.
7
Our right to terminate the contract
7.1
We may terminate our contract with you immediately by notice if we cease to provide the profiling services. If we do so, we will give you a prorated refund based on the number of whole months remaining in the then current annual period for which you have paid a fee.
7.2
We may also terminate our contract with you immediately by notice without any refund, where you breach these Terms or any applicable law, are fraudulent, or your use of the profiling services is harmful to our interests or of those of another user.
8
Our liability
8.1
If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking the contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
8.2
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the services.
8.3
We are not liable for business losses. If you use the services for any commercial, or business purpose we will have no liability to you for any loss of profit, loss of business, businessinterruption, or loss of business opportunity.
8.4
We will not be held responsible for any delay or failure to comply with our obligations under these Terms if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your legal right to have services provided within a reasonable time or to receive a refund if services ordered cannot be supplied within a reasonable time owing to a cause beyond our reasonable control.
8.5
Subject to clause 8.2 our total liability to you howsoever arising shall not exceed is capped at £750.
9
Other important terms
9.1
We may transfer the contract to someone else. We may transfer our rights and obligations under these Terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 14 days of us telling you about it and we will issue you a prorated refund based on the number of whole months remaining in the relevant annual period for which you have paid.
9.2
You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.
9.3
Nobody else has any rights under the contract. The contract is between you and us. No other person shall have any rights to enforce it.
9.4
If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
9.5
Even if we delay in enforcing the contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking the contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
9.6
These Terms and any contract between us are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in either the Northern Irish or the English courts.