Last revised 13th April 2018
Terms and Conditions
These terms and conditions (the ” Terms “) govern your access to and use of our websites, applications, and services. By accessing or using the Site and agreeing to us providing the Services to you, you are agreeing to these Terms and the conclusion of a legally binding contract with us.
Whether you are simply browsing, using this Site, purchasing Products, or purchasing Services, your use of this Site and Services is your acceptance to these Terms and signifies that you have read, understood, acknowledged and agreed to be bound by these Terms, along with the relevant policies referred to in these Terms.
1.1 In these Terms, the following definitions apply:
“Business Day” means a day (other than a Saturday, Sunday or public holiday) when banks in the United States are open for business.
“Business Hours” means 8:00 a.m. – 5:00 p.m. Eastern Standard Time. Monday through to Friday.
“Contract” means the contract between us and you for the supply of Products and Services in accordance with these Terms.
“Deliverables” means the deliverables set out in the Order produced by us for you.
“Fees” means the fees payable by you for the provision of our Products and Services set out in the Order.
“Order” means your order for Products and Services as set out in your purchase order form or your written acceptance of a quotation by us as the case may be.
“Services” means the services, including any Deliverables, to be provided by us to you pursuant these Terms.
“Products” means the products, including any Deliverables, to be provided by us to you pursuant these Terms.
“Site” means happilyhooked.com and its subpages.
“You” and “your” refer to you as (i) a customer and purchaser of our Products or Services (whether a person or firm) and (ii) a user of the Site. A “user” is someone who accesses, browses, crawls, scrapes, or in any way uses or registers to use the Site.
“We”, “us”, and “our” refer to Crochet Media LLC., a private limited liability company incorporated in Florida.
- CHANGES TO THESE TERMS
2.1 We may amend these Terms from time to time. The most current version of these Terms will be located here. Please look at the top of this page to see when these Terms were last updated. You understand and agree that (i) your access to or use of the Site and (ii) the provision of our Services to you are governed these Terms.
2.2 If we make material changes to these Terms, we will notify you by indicating at the top of this page the date that revisions were last made. You should revisit these Terms on a regular basis as revised versions will be binding to you. Any such modification will be effective upon our posting of new Terms. You understand and agree that (i) your continued access to or use of the Site and (ii) the provisions of our Products and Services to you after the effective date of modifications to the Terms indicates your acceptance of the modifications.
2.3 We may revise these Terms from time to time to reflect changes in relevant laws and regulatory requirements.
- BASIS OF CONTRACT
3.1 The Order constitutes an offer by you to purchase Products or Services in accordance with these Terms.
3.2 The Order shall only be deemed to be accepted when we issue written acceptance of the Order (an “Order Confirmation“) at which point and on which date the Contract shall come into existence (the “Commencement Date”).
3.3 The Contract constitutes the entire agreement between the parties. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in the Contract.
3.4 Any samples, drawings, descriptive matter or advertising issued by us, and any descriptions or illustrations contained on our Site, in our catalogues or brochures, are issued or published for the sole purpose of giving an approximate idea of the Products or Services described in them. They shall not form part of the Contract or have any contractual force.
3.5 These Terms apply to the Contract to the exclusion of any other terms that you may seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
4.1 All subscriptions are part of the Automatic Renewal Program: At the end of your initial term, your subscription will be automatically renewed for another term at the lowest standard renewal rate. If you do nothing, your credit/debit card will be charged. You may cancel the automatic renewal at any time through the members site or by emailing us.
4.2 An overdue balance of more than 30 days will result in a cancellation by us of all services until such time as the total overdue balance on your account has been paid in full.
CANCELLATION OR TERMINATION
- Cancelation or Termination
5.1 Following the cancellation of a subscription, you will no longer be able to access or use those Products and any account that you hold with us may be deactivated or deleted. We are not responsible for storing your data or your content following cancellation for any reason. You acknowledge that it is your responsibility to back up your data and your content if you want access to it following cancellation. We will not be liable to you for any loss you may suffer as a result of the termination of the Contract.
5.2 You are responsible for taking action prior to automatic renewal if they do not want the subscription to renew automatically. You must contact [email protected] one week of the subscription ending, to cancel the subscription, after this period the subscription will automatically renew. You might not receive further notice of your renewal after signing up for an account or subscription.
5.3 On termination of the Contract for any reason you shall immediately pay to us all of the outstanding unpaid invoices.
LINKS FROM THIS WEBSITE
- Links from this Website
We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. We will not accept any responsibility for any loss or damage in whatever manner, however caused, resulting from your disclosure to third parties of personal information.
- Copyright NoticeWe are the owner or the licensee of all intellectual property rights in our Site and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
9.1 We have several different email addresses for different queries. These, and other contact information, can be found on our Contact Us link on our website.
9.2 If you wish to give us formal notice of any matter in accordance with these Terms then the following shall apply:
9.2.1 Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered by pre-paid first class post or other next working day delivery service or e-mail.
9.2.2 A notice or other communication shall be deemed to have been received: if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or if sent by e-mail, one Business Day after transmission.
9.2.3 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
9.2.4 The provisions of this term shall not apply to the service of any proceedings or other documents in any legal action.
- Force Majeure
Neither party shall be liable to the other for any failure to perform any obligation under these Terms, which is due to an event beyond the control of such party including but not limited to any act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract for Services entered into, nor which could have been reasonably foreseen. Any party affected by such event shall inform the other party of the same and shall use all reasonable endeavours to comply with these Terms.
11.1 You shall not, without our prior written consent, at any time from the Commencement Date until the expiry of 12 months after the last date on which we supply the Services, solicit or entice away from us or employ or attempt to employ any person who is, or has been, engaged as an employee, consultant or subcontractor of us in the provision of the Services to you.
11.2 Any consent given by us in accordance with the above term shall be subject to you paying to us a sum equivalent to 25% of the then current annual remuneration of that employee, consultant or subcontractor or, if higher, 25% of the annual remuneration to be paid by you to that employee, consultant or subcontractor.
A waiver of any right under these Terms or law is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict its further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
13.1 If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this term shall not affect the validity and enforceability of the rest of these Terms.
13.2 If one party gives notice to the other of the possibility that any provision or part-provision of these Terms is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.
GOVERNING LAW AND JURSIDICTION
- Governing Law and Jurisdiction
14.1 These Terms, and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of Florida. You irrevocably agree that the courts of Florida shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes or claims).