1.  Services offered

Phillip Ackland Holdings Ltd (or it’s websites) is an Internet-based site for products and services offered for sale by Phillip Ackland Holdings Ltd via the Internet, telephone and faxed in orders.

Phillip Ackland Holdings Ltd (or it’s websites) offers real-time purchasing capability by purchasing the goods and/or services of Phillip Ackland Holdings Ltd (or it’s websites) and then enabling potential Customer and/or Visitors of goods and services to purchase these goods and/or services through the use of credit cards, such as VISA, MasterCard, and Paypal,com.

Phillip Ackland Holdings Ltd (or it’s websites) processes all credit card transactions through the use of its secure SSL encryption network and any other processes made available through its contracted processing platform.  Payment shall be initiated via the secure payment processes.

2.  CONDITIONS OF SERVICE

Phillip Ackland Holdings Ltd (or it’s websites) assumes no liability for disruptions in service or improper operation of its equipment or software for any reason, including, but not limited to, vandalism, theft, phone service outages, Internet disruptions, human error, extreme or severe weather conditions or any other causes referred to as “Acts of God” or force majeure.

3.  PROVISION OF CONSUMER NOTICES

Phillip Ackland Holdings Ltd (or it’s websites) agrees to clearly, accurately, and concisely notify any potential Customer and/or Visitor of the terms required by this Agreement and the Privacy Policy, as may be amended from time to time.  Such notification shall include, but is not limited to, the inclusion of required documentation on the Phillip Ackland Holdings Ltd (or it’s websites)’s website homepage.

Phillip Ackland Holdings Ltd (or it’s websites) will inform Customer and/or Visitors that the cost of goods or services they purchase and which are supplied per this Agreement by a contracted Phillip Ackland Holdings Ltd (or it’s websites) representative will be billed to their credit card prior to their order being shipped (for tangible goods) or otherwise provided (for digital goods or services).

Phillip Ackland Holdings Ltd (or it’s websites) shall clearly disclose to any Customer and/or Visitor making a credit card purchase the location of the Phillip Ackland Holdings Ltd (or it’s websites) and Phillip Ackland Holdings Ltd (or it’s websites) immediately prior to the Customer and/or Visitor’s accessing payment instructions.  Compliance with this regulation will be initiated via the secure payment processes.

4.  DISCLAIMER OF PHILLIP ACKLAND HOLDINGS LTD (OR IT’S WEBSITES) WARRANTIES

Phillip Ackland Holdings Ltd (or it’s websites) agrees that it will disclaim any implied warranties to Customer and/or Visitors, including, but not limited to, merchantability, fitness for a particular purpose, and non-infringement.

Phillip Ackland Holdings Ltd (or it’s websites) further agrees it will not provide, offer, or advertise a “lifetime warranty,” “lifetime guarantee,” or any other guarantee. 

5.  LIMITATIONS IN SERVICE

Phillip Ackland Holdings Ltd (or it’s websites) understands and agrees that Phillip Ackland Holdings Ltd (or it’s websites) may prohibit the sale of specific products or services as set forth in its “Prohibited Products List,” and incorporated herein by reference.  Phillip Ackland Holdings Ltd (or it’s websites) further understands and agrees that Phillip Ackland Holdings Ltd (or it’s websites) may amend or change the Prohibited Products List, from time to time, in its sole discretion.  Phillip Ackland Holdings Ltd (or it’s websites) understands and agrees that any amendments will be effective upon posting by Phillip Ackland Holdings Ltd (or it’s websites) on its website.

6.  LIMITATIONS ON TRANSACTIONS

Phillip Ackland Holdings Ltd (or it’s websites) understands and agrees that Phillip Ackland Holdings Ltd (or it’s websites) reserves the right to impose limits on sales of products or services and to refuse to process transactions to specific Customer and/or Visitors for any reason, in its sole discretion.

Phillip Ackland Holdings Ltd (or it’s websites) understands and agrees that Phillip Ackland Holdings Ltd (or it’s websites) may: (1) limit or restrict sales to a minimum or maximum product/service price; (2) impose limits on the amount or number of purchases which may be charged to an individual credit card account during any time period; (3) request additional validation information from Customer and/or Visitors, such as signed contracts and/or receipts; or (4) refuse to accept orders from Customer and/or Visitors with a prior history of questionable charges. 

Customer and/or Visitors understands and agree that it will not hold Phillip Ackland Holdings Ltd (or it’s websites) liable for any losses, expenses, or damages it sustains, including claims for lost profits, on account of Phillip Ackland Holdings Ltd (or it’s websites)’s imposition of Transaction Limits or Reserve Amounts for any reason.

 7.  Phillip Ackland Holdings Ltd (or it’s websites)’declarations

     7.1  Legal Capacity:

 By completing the shoppingcart form and agreeing to the terms of this Agreement the Phillip Ackland Holdings Ltd (or it’s websites) affirms that Phillip Ackland Holdings Ltd (or it’s websites) has full legal capacity and can lawfully enter into and form contracts under applicable law.  

    7.2  Truthful Information:

Phillip Ackland Holdings Ltd (or it’s websites) affirms that all information and data it provides, or has any party provide, to the Customer and/or Visitor on the registration form and via any other means is truthful, accurate, valid, the lawful property of the Phillip Ackland Holdings Ltd (or it’s websites), and that Phillip Ackland Holdings Ltd (or it’s websites) has the legal right to communicate such information.  

    7.3   Validation:

Company requires that all email, domain, URL or telephone information provided by Customer and/or Visitor must be able to be validated.  If any of the information provided by the Customer and/or Visitor is incorrect or cannot be validated, the Customer and/or Visitor agrees that Phillip Ackland Holdings Ltd (or it’s websites) may suspend or terminate the Customer and/or Visitor’s account, at Phillip Ackland Holdings Ltd (or it’s websites)’s discretion.  

     7.4   Intellectual Property Rights/Ownership:

Phillip Ackland Holdings Ltd (or it’s websites) is fully responsible and solely liable for the content of its website and for the advertising and promotion of all products.  The Phillip Ackland Holdings Ltd (or it’s websites) certifies and represents to Phillip Ackland Holdings Ltd (or it’s websites) that it is the owner or that it has full right and authority to use and disseminate all information, data, graphics, text, video, music, or other intellectual property which either forms a part of its website.

    7.5   Legal Authorization:

Phillip Ackland Holdings Ltd (or it’s websites) represents and warrants to the Customer and/or Visitor that Phillip Ackland Holdings Ltd (or it’s websites) is legally authorized to sell any product/service it offers.  Phillip Ackland Holdings Ltd (or it’s websites) agrees it will provide the Customer and/or Visitor with any copies of documentation immediately upon Phillip Ackland Holdings Ltd (or it’s websites)’s receipt of a request by the Customer and/or Visitor for such documentation.  

Phillip Ackland Holdings Ltd (or it’s websites) further represents that it will conform to any and all laws, rules, regulations, requirements and/or other standards established by the Federal Trade Commission, State and local consumer protection agencies, and credit card governing agencies regarding the sale of products over the Internet or in situations where the credit card is not present, whether now in effect or placed into effect after the effective date of this Agreement.

 8.   Disclaimer of warranties

 THE CUSTOMER AND/OR VISITOR understands and accepts that Phillip Ackland Holdings Ltd (or it’s websites) will provide services  to the CUSTOMER AND/OR VISITOR on an “AS IS” basis.  COMPANY DISCLAIMS ANY AND ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTIBILITY AND IMPLIED WARRANTY FOR FITNESS FOR A PARTICULAR PURPOSE.  THE CUSTOMER AND/OR VISITOR assumes all liability for its utilization of Phillip Ackland Holdings Ltd (or it’s websites)’s services.

 9.  LIMITATION OF LIABILITY

 PHILLIP ACKLAND HOLDINGS LTD (OR IT’S WEBSITES) WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE WEBSITE, THE SERVICES, THE INABILITY TO USE THE SERVICES, OR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES.

 In no case shall a THE CUSTOMER AND/OR VISITOR be entitled to recover damages from Phillip Ackland Holdings Ltd (or it’s websites) that exceed the sum of THE sale, SALES commissions and service fees, WHERE APPLICABLE,  retained by Phillip Ackland Holdings Ltd (or it’s websites) under this Agreement during the six months prior to the event giving rise to the claim for damages.  

 10.  TAXES

The Customer and/or Visitor understands and agrees that the Customer and/or Visitor is responsible for the payment of all taxes applicable to its operations, and authorizes Company to deduct amounts for taxes from payments received from Customer and/or Visitors for the purpose of remitting such amounts to the appropriate taxing authority.

 11.  ILLEGAL ACTIVITY

 The website and Services of Phillip Ackland Holdings Ltd (or it’s websites) may be used only for lawful purposes and in a lawful manner.  The Customer and/or Visitor agree to comply with all applicable laws, statutes, and regulations.  The Customer and/or Visitor may not register under a false name or use an invalid or unauthorized credit card.  The Customer and/or Visitor may not impersonate any participant or use another participant's information.  Such fraudulent conduct is a violation of federal and state laws.  Fraudulent conduct may be reported to law enforcement, and Phillip Ackland Holdings Ltd (or it’s websites) will cooperate to ensure that violators are prosecuted to the fullest extent of the law.

Phillip Ackland Holdings Ltd (or it’s websites) has the right, but not the obligation, to monitor any activity and content associated with its website and Services.  Phillip Ackland Holdings Ltd (or it’s websites) may investigate any reported violation of its policies or complaints and take any action that it deems appropriate.  Such action may include, but is not limited to, issuing warnings, suspension or termination of service, denying access, and/or removal of any materials on the Site.  Phillip Ackland Holdings Ltd (or it’s websites) reserves the right and has absolute discretion to remove, screen, or edit any content that violates these provisions or is otherwise objectionable.

Phillip Ackland Holdings Ltd (or it’s websites) reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties.  In order to cooperate with governmental requests, to protect Phillip Ackland Holdings Ltd (or it’s websites)’s systems, Phillip Ackland Holdings Ltd (or it’s websites), and Customer and/or Visitors, or to ensure the integrity and operation of Phillip Ackland Holdings Ltd (or it’s websites)’s business and systems, Phillip Ackland Holdings Ltd (or it’s websites) may access and disclose any information it considers necessary or appropriate, including but not limited to user contact details, IP addressing and traffic information, usage history, and posted content.

12.  PERSONAL INFORMATION

Unless otherwise authorized by Company in writing, Phillip Ackland Holdings Ltd (or it’s websites) agrees not to use or disclose personal information about any Customer and/or Visitor except to enter into and complete transactions with a Customer and/or Visitor.  Phillip Ackland Holdings Ltd (or it’s websites) agree not to use any Customer and/or Visitor information for purposes of solicitation, advertising, unsolicited e-mail or spamming, harassment, invasion of privacy, or otherwise objectionable conduct.

 13.  Copyright Notice

If the Customer and/or Visitor believes that any content on the Web Site has been copied in a way that constitutes copyright infringement, or Phillip Ackland Holdings Ltd (or it’s websites)’s intellectual property rights have been otherwise violated, please notify our offices immediately.

14.  Amendments and Modifications

The Customer and/or Visitor understands and agrees that Phillip Ackland Holdings Ltd (or it’s websites) may amend or modify this Agreement and that any such amendment or modification will be binding upon its placement on Company’s website or when sent to you by e-mail.  Continued use of Phillip Ackland Holdings Ltd (or it’s websites)’s services will be considered acceptance of all terms in the amended/modified Agreement.

15.  INDEMNIFICATION

The Customer and/or Visitor agrees to indemnify and hold Phillip Ackland Holdings Ltd (or it’s websites), its employees, officers, agents, and directors from any and all fines, penalties, losses, damages, claims, costs, expenses (including attorney’s fees) or other liabilities resulting from or in connection with this Agreement or incurred as a result of Phillip Ackland Holdings Ltd (or it’s websites)’s violation of any law, regardless of whether such damages are actual, direct, indirect, special, incidental, consequential, or punitive (“Damages”).  

16.  Notices

To Company, via certified mail to the following address:

Canadian Division

Phillip Ackland Holdings Ltd.

PO Box 856, 11704 Prairie Valley Rd.

Summerland, BC V0H 1Z0 CANADA

 

US Division

Phil Ackland and Associates LLC

Call Toll Free: 888-537-4878

Email: phil@philackland.com