Terms & conditions

Date of latest posting: 26 August 2011

Publisher: Meleniak Ltd. Teal House, 51 Irving Road, Bournemouth, BH6 5BH, United Kingdom.
Telephone +44 (0) 1202 375 773.
Email [Please enable JavaScript to view email addresses]

Meleniak.com and Meleniakusability.com (also referred to as ‘Meleniak’ and 'Meleniak Usability' on this Website and in our literature) is a trading name of Meleniak Ltd. Meleniak Ltd is registered in England under no. 04557395. The registered office is 141a New Road, Ascot, Berkshire, SL5 8QA, United Kingdom. The Managing Director and main Shareholder is Marta Eleniak. VAT registration number is GB 945 0809 14.

1 General

Access to and use of this Website and the products and services available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.

Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.

This Website may also contain links to other websites, which are not operated by Meleniak Ltd (the "Linked Sites"). Meleniak Ltd has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

Unless otherwise specified, the information and materials in the site are presented solely for the purpose of promoting the products and services of Meleniak Ltd. Meleniak Ltd makes no representation that Meleniak Ltd's Material is appropriate or available for use in every country of the world. You use this Website at your own risk and are responsible for compliance with applicable local laws, keeping in mind that access to Meleniak Ltd's Material may not be legal by certain persons or in certain countries.

Any cause of action you may have with respect to this Website must be commenced within two years after the claim or cause of action arises.

These Terms of Service will be governed by and construed in accordance with the laws of Great Britain without regard to its conflicts of law provisions.

The waiver by Meleniak Ltd of a breach of any provision of these Terms of Service will not operate to be interpreted as a waiver of any other or subsequent breach.

2 Privacy policy

Our privacy policy, which sets out how we will use your information, can be found on the Privacy policy & security page. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.

3 Prohibitions

You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense under the Computer Misuse Act 1990. Meleniak Ltd will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

4 Intellectual property, software and content

The intellectual property rights in all software and content made available to you on or through this Website remains the property of Meleniak Ltd or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Meleniak Ltd and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by Meleniak Ltd or its licensors. ‘Meleniak’, 'Meleniak Usability', 'Once Upon A Belt' and 'onceuponabelt.com’ belong to Meleniak Ltd. No licence or consent is granted to you to use these marks in any way, and you agree not to use these marks or any marks which are colourably similar without the written permission of Meleniak Ltd.

5 Accessibility

Meleniak Ltd make all reasonable efforts to comply with the UK Disability Discrimination Act 2005 and firmly believe it makes for good all round usability. We strive for level A compliance with the World Wide Web Consortium (W3C) Web Content Accessibility Guidelines 1.0. Please contact us if you have any problems using this Website.

6 Terms of sale

By placing an order you are offering to purchase a product or service on and subject to the following terms and conditions, which, if accepted by us, will result in a binding contract. All orders are subject to availability and confirmation of the order price. Items and any delivery charges must be paid for in full before they are dispatched.

When appropriate, dispatch times may vary according to availability, the need to perform additional fraud checks and any guarantees or representations made as to delivery times are limited to mainland UK and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.

In order to contract with Meleniak Ltd.you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. We accept Visa, MasterCard, Delta and Maestro credit and debit cards. Meleniak Ltd. retains the right to refuse any request made by you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.

(a) Our contract

When you place an order, you will receive an acknowledgement email confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by email that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation email sent at the time of dispatch will be included in the contract formed.

(b) Pricing and availability

Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.

All prices are inclusive of VAT are at the current rate. Delivery / journey costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total' on our quotes.

Any prices displayed in currencies other than UK sterling are based on the daily exchange rate as published by www.webservicex.net at 1am UK time on the day of purchase. All purchases are ultimately charged in UK sterling and will be subject to the rate of exchange and any commissions charged by your payment service.

Purchases shipped to non-European destinations may be exempt from UK VAT, in which case the tax will be deducted from the total before purchase.

Purchases shipped to non-European destinations may be liable for local import taxes. Customers are responsible for payment of any additional import duties and should consult with their local authority for further detail.

(c) Payment

Upon receiving your order we may carry out a standard pre-authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Goods may not be dispatched until this pre-authorisation check has been completed. Your card will be debited at the time of placing the order. If for any reason the order is not accepted by us, or cannot be fulfilled within 30 days you will be contacted and offered a full refund.

(d) Discount codes

Promotional discount codes - We may from time to time offer promotional discount codes which may apply in respect of any, or certain specified, purchases made though this Website. The conditions of use relating to any discount code will be specified at the time of issue.

7 Disclaimer of liability

The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law Meleniak Ltd. and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Meleniak Ltd.'s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

8 Linking to this Website

You may link to any of the pages, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. We reserve the right to withdraw linking permission without notice.

You may not link directly to any of the images held within our websites and hosted by or on behalf of Meleniak Ltd. without written permission from Meleniak Ltd.

9 Disclaimer as to ownership of trade marks, images of people including personalities and third party copyright

Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and images of third party products, services and/or locations featured on this Website are in no way associated, linked or affiliated with Meleniak Ltd. and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Meleniak Ltd.

10 Indemnity

You agree to indemnify, defend and hold harmless Meleniak Ltd., its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.

11 Variation

Meleniak Ltd. shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.

12 Invalidity

If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause / sub-clause as is permitted by law.

13 Complaints

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.

14 Entire agreement

The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Meleniak Ltd. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Meleniak Ltd.

These are the terms and conditions pertaining to Meleniak Ltd. trading as Meleniak Usability.

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