Terms of service

OVERVIEW
This website is operated by PackWow. Throughout the site, the terms “we”, “us” and “our” refer to PackWow. PackWow 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.

SECTION 1 - 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.

SECTION 2 - 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.

SECTION 3 - 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.

SECTION 4 - USE OF THE WEBSITE
You agree to use this Website in a responsible manner that is in full compliance with these Terms of Use and with your local laws and regulations, including export and import regulations. You accept that you are responsible for all communications sent by you to or via this website, and you agree that you will use this website for your own personal, proper and lawful purposes only. No other download, retention, use, publication, or distribution of any portion of the Content is authorised or permitted. All information and details, including enquiry details provided by you to us are true, accurate and up to date in all respects and at all times.

You will not carry out or procure any act or omission which would: (1) damage, delay, interrupt or impair the use of this website or its software; (2) cause any illegal, offensive, obscene or defamatory material to be placed on, transmitted via or associated with this website; (3) be in breach of any copyright, trade mark, privacy, confidence, or any other third party right; (4) cause any inconvenience to PackWow, including subsidiaries and affiliates.

We reserve the right to restrict the services where this is required for maintenance work. For technical reasons in particular, it may sometimes not be possible to make full use of the services. We also reserve the right to suspend, restrict or terminate your access and remove any material of posting you make on this Website at any time without notice if, in our opinion, such activities and/or material does not comply in our acceptable use policy.

SECTION 5 - BUYERS AND SUPPLIERS
Buyers including Engineers, Sourcing Professionals and all others registering as buyers and sourcing on this Website represent that they are the owners of the intellectual property placed on the Website for sourcing or that they have the full authority to do so, including to place drawings on the Website which are then disseminated to the supplier community. We do not guarantee that quotes will be received by Buyers sourcing RFQs.

Suppliers and all others registering as suppliers and providing quotes on this Website (“Suppliers”) further represent that they will respect the intellectual property of the Buyers, including abiding by the confidentiality agreements and non-disclosure agreements specified by Buyers.

Buyers and Suppliers are responsible for performing their own due diligence on one another prior to soliciting quotes or providing quotes or awarding work and transacting business. This due diligence may take forms not provided by the website.

SECTION 6 - DESCRIPTION AND PRODUCT INFORMATIONS
Every effort has been made to ensure that all details and descriptions of products appearing on the Website are correct at the time when the relevant information was entered onto the system, neither this Website nor subsidiaries and affiliates or data or content provider make any representations or warranties, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information, opinions, research information, data and/or content contained on the website and shall not be bound in any manner by any information contained on the website.

This website contains information concerning various third parties (often referred to as “partners”) who offer products or services compatible with our products. This information is provided for your convenience only.  We do not responsible for and do not warrant any third-party product or service or the accuracy of any description.

We reserve the right at any time to change or discontinue without notice, any aspect or feature of this website. No information shall be construed as advice and information is offered for information purposes only and is not intended for trading purposes. You rely on the information contained on this website at your own risk. If you find an error or omission at this site, please let us know.

SECTION 7 - USER CONTENT, YOUR LICENSE TO US AND RULES FOR USER CONTENT
By submitting communications, photos, data, information, reviews/opinions or any other content (“User Content”) to the Website, you are (1) authorising us to use such User Content (including, where applicable, your name, image and likeness) and (2) granting us a limited, non-exclusive, royalty-free, sub-licensable, irrevocable right and license to copy, use, distribute, reproduce, modify, display, perform, create derivative works from, store and otherwise use such User Content, in any media known now or in the future. You represent and warrant that you have sufficient rights in the User Content to make this grant. You understand and agree that User Content submitted through the website is not confidential or proprietary.

We provide certain opportunities for you to provide ratings, opinions, or reviews (“User Commentary”). User Commentary must not violate these Terms of Use (especially as set forth below under No Unlawful or Prohibited Use). In addition, you represent and warrant that User Content and User Commentary submitted by you does not: (1) Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable; (2) Promote sexually explicit, pornographic material or violence; (3) Contain anything that is discriminatory based on race, colour, sex, religion, nationality, disability, sexual orientation, gender identity, marital status or age; (4) Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person; (5) Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use; (6) Be likely to deceive any person; (7) Promote any illegal activity, or advocate, promote, or assist any unlawful act; (8) Impersonate any person, or misrepresent your identity or affiliation with any person or organisation; (9) Involve commercial activities or sales, or advertising; (10) Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case; or (11) We reserve the sole right to remove any user content for any reason at any time.

We do not endorse the accuracy or reliability of any User Commentary, and User Commentary does not reflect the views of our. We accepts no liability whatsoever for user content or user commentary. 

SECTION 8 - 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.

SECTION 9 - 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 Refund Policy: [LINK TO REFUND 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.

SECTION 10 - 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 details, please review our Refund Policy: [LINK TO REFUND POLICY]

SECTION 11 - 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 the 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.

SECTION 12 - 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.

SECTION 13 - 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 to be 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.

SECTION 14 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here: PRIVACY POLICY

SECTION 15 - 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.

SECTION 16 - 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.

SECTION 17 - COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS
The trade marks, names, logos and service marks displayed on this website are registered and unregistered trade marks of the Website, suppliers, manufacturers and partners of the owner. Nothing contained on this website should be construed as granting any licence or right to use any trade mark and other intellectual property rights without the prior written permission of the Website Owner.

All content, logos, designs and icons are the property of PackWow or its affiliates or licensors. The materials provided in this website, including graphic images, buttons and text, may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, without the prior written permission, except that you may download, display, or print one copy of the materials on a single computer solely for shopping resource. Modification of the materials or use of the materials for any other purpose is a violation of Website, suppliers, manufacturers and partners of the owner’s copyright and other intellectual property rights

SECTION 18 - 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 PackWow, 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.

SECTION 19 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless PackWow 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.

SECTION 20 - DISCLAIMER OF WARRANTIES
Information on this website may contain factual inaccuracies or typographical errors or be incomplete or out of date. Information may be changed or updated without notice. We may make changes and/or improvements in the products and/or programs described on its website at any time without notice. Except as otherwise expressly provided in a written agreement between you and PackWow, all materials provided on its website are provided as is, where is, and available. We make absolutely no warranty or representation of any kind, express, implied or statutory. We specifically disclaim the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. We also do not guarantee continuous, uninterrupted or secure access to our website or services, and hereby notify users that operation of the site may be interfered with by numerous factors outside of our control. 

SECTION 21 - LIMITATION OF LIABILITY
Nothing in this Agreement shall limit or exclude our liability for fraudulent misrepresentation, or for death or personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your or your company’s personal information or material and information transmitted over our system, resulting from our negligence or the negligence of our directors, shareholders, employee, suppliers and associated persons.

However, we will not be liable for any loss of revenue, loss of profit, loss of contract, loss of business or any anticipated savings, loss of goodwill or reputation, or any special, indirect or consequential damages (however arising, including negligence) arising out of or in connection with the use or performance of the website or of failure to provide products or services that you order from PackWow or its affiliates, including without limitation, damages arising from mistake, omission, virus, delay, or interruption of service. We also have no liability of any sort (including for negligence) for the acts or omissions of other providers.

SECTION 22 - USER SUBMISSIONS / MESSAGING
You are prohibited from posting or transmitting to or from this website any unlawful, threatening, libellous, defamatory, obscene, pornographic, confidential or other material that would violate any law, including without limitation, copyright, trademark, trade secret, or any rights of third parties including any content that violates community standards. We may, but is not obligated to, monitor or review any areas on this website where users transmit or post communications.

We will have no liability for the content of any communications, whether arising under the laws of copyright, trademark, trade secret, libel, privacy, obscenity or otherwise.

Buyers and Suppliers that login and / or use the website(s) agree that any ratings received due to transactions on this website will be posted on public domain and in the website.  Buyers and Suppliers agree to release PackWow of any liability for posted ratings from those that use the Website. We may remove or modify ratings if both the Buyer and Supplier agree in writing and such removal and modification is in the best interest of the PackWow Marketplace, or as determined solely by PackWow.

PackWow and its administrators and moderators reserve all rights to remove any information deemed off-topic, unlawful, threatening, libellous, defamatory, obscene, pornographic, confidential or other material that would violate any law, including without limitation, copyright, trademark, trade secret, or any rights of third parties including any content that violates community standards. PackWow and its administrators and moderators also reserve all rights to block or otherwise expel any user or member of PackWow or its website who is deemed to have violated these Terms of Use including IP addresses or ranges of IP addresses at the discretion of PackWow administrators and moderators. We may also prohibit users or members from utilising this website if these users or members are in certain jurisdictions that are considered state sponsors of terrorism.

SECTION 23 - NO UNSOLICITED IDEAS AND MATERIALS ACCEPTED; NO CONFIDENTIAL RELATIONSHIP WITH US
PackWow employs individuals to develop new ideas. As a result, We do not accept any unsolicited ideas or materials for products or services, or even improvements to products or services (“Unsolicited Ideas and Materials”). Do not send to PackWow (even within any of your User Generated Content that we may request), in any form and by any means, any Unsolicited Ideas and Materials. Any Unsolicited Ideas and Materials you post on or send to us via the Website are and shall be deemed to be User Generated Content and licensed to us as set forth above.

Your relationship with PackWow is not a confidential, fiduciary, or other type of special relationship and your Unsolicited Ideas and Materials, and anything else submitted by you (such as any questions, comments, answers, correspondence, postings, and the like) will be treated as non-confidential and non-proprietary User Generated Content — regardless of whether you mark them “confidential”, “proprietary”, or the like. PackWow will not assume any responsibility, obligation, or liability for the receipt or non-receipt of any of the foregoing or for the loss or destruction of any of the foregoing. Therefore, your decision to submit any Unsolicited Ideas and Materials to PackWow does not place PackWow in a position that is any different from the position held by members of the general public with regard to your Unsolicited Ideas and Materials.

PackWow’s receipt of your Unsolicited Ideas and Materials is not an admission by PackWow of their novelty, priority, or originality, and it does not impair PackWow right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials.

SECTION 24 - 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.

SECTION 25 - 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).

SECTION 26 - 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 governs 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.

SECTION 27 - 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 United Kingdom.

SECTION 28 - 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.

SECTION 29 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at PackWow, FlexiPACK Ltd, Eagle Tower, Montpellier Drive, Cheltenham, GL50 1TA, United Kingdom .
Business registration number: 09372625