Terms
and Conditions
In using this
website and services you are deemed to have read and agreed to the
following
terms and conditions:
The following terminology applies
to these Terms
and Conditions, Privacy Statement and Disclaimer Notice and any or all
Agreements: "Client",
“You” and “Your” refers to you, the person accessing this website and
accepting Shmoggo's terms and conditions. "The Company", “Ourselves”, “We” and
"Us", refers to Shmoggo. “Party”, “Parties”, or “Us”, refers to
both the Client and ourselves, or either the Client or ourselves. All
terms
refer to the offer, acceptance and consideration of payment necessary
to
undertake the process of our assistance to the Client in
the most
appropriate manner, whether by formal meetings of a fixed duration, or
any
other means, for the express purpose of meeting the Client’s needs in
respect
of provision of Shmoggo's stated services/products, in accordance with
and
subject to, prevailing United States Law. Any use of the above
terminology or
other words in the singular, plural, capitalisation
and/or he/she or they,
are taken as interchangeable and therefore as referring to same.
Privacy Statement
We are committed to protecting your privacy. We constantly review our
systems
and data to ensure the best possible service to our customers. When
accessing our Website, Shmoggo will learn
certain information about you during your visit. How we will handle
information
we learn about you depends upon what you do when visiting our site.
If
you visit our site to read or download information on our pages, we
collect and store only the following information about you:
1.
The name of the domain from which you access the Internet
2. The date and time you access our site
3. The Internet address of the website you used to link directly to our
site.
If
you identify yourself by sending us an e-mail containing personal
information, then the information collected will be solely used to
respond to
your message.
The
information collected is for statistical purposes. Shmoggo may use
software programs to create summary statistics, which are used for such
purposes as assessing the number of visitors to the different sections
of our
site, what information is of most and least interest, determining
technical
design specifications, and identifying system performance or problem
areas.
For
site security purposes and to ensure that this service remains
available to all users, Shmoggo uses software programs to monitor
network
traffic to identify unauthorized attempts to upload or change
information, or
otherwise cause damage.
Shmoggo will not obtain personally-identifying information about you
when you visit our site, unless you choose to provide such information
to us,
nor will such information be sold or otherwise transferred to
unaffiliated
third parties without the approval of the user at the time of
collection.
We will not sell, share,
or rent your personal information to any third party or use your e-mail
address
for unsolicited mail. Any emails sent by Shmoggo will only be in
connection
with the provision of agreed services and products.
Exclusions and
Limitations
The information on this web site is provided on an "as is" basis. To
the fullest extent permitted by law, Shmoggo:
Availability
You are
solely
responsible for evaluating the fitness for a particular purpose of any
downloads, programs and text available through this site.
Redistribution or
republication of any part of this site or its content is prohibited,
including
such by framing or other similar or any other means, without the
express written
consent of Shmoggo. Shmoggo does not warrant that the service from
this
site will be uninterrupted, timely or error free, although it is
provided to
the best ability. By using this service you thereby indemnify Shmoggo, its
employees, agents and affiliates against any loss or damage, in
whatever
manner, howsoever caused.
Log Files
We
use IP addresses to analyse trends, administer the site, track user’s
movement,
and gather broad demographic information for aggregate use. IP
addresses are
not linked to personally identifiable information. Additionally, for
systems
administration, detecting usage patterns and troubleshooting purposes,
our web
servers automatically log standard access information including browser
type,
access times/open mail, URL requested, and referral URL. This
information is
not shared with third parties and is used only within Shmoggo on a
need-to-know basis. Any individually identifiable information related
to this
data will never be used in any way different to that stated above
without your
explicit permission.
Cookies
Like
most interactive web sites Shmoggo's website [or ISP] uses cookies to
enable
us to retrieve user details for each visit. Cookies are used in some
areas of
our site to enable the functionality of this area and ease of use for
those
people visiting. Some of our affiliate partners may also use cookies.
Links to this
website
If you do create a link to a page of this website you do so at your own
risk
and the exclusions and limitations set out above will apply to your use
of this
website by linking to it.
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 & 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. Shmoggo
will not accept any responsibility for any loss or damage in whatever
manner,
howsoever caused, resulting from your disclosure to third parties of
personal
information.
Communication
We
have several different e-mail addresses for different queries. These,
&
other contact information, can be found on our Contact
Us link on our website or via our literature.
Neither
party shall be liable to the other for any failure to perform any
obligation
under any Agreement 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 entered into, nor which could have been
reasonably
foreseen. Any Party affected by such event shall forthwith inform the
other
Party of the same and shall use all reasonable endeavours to comply
with the
terms and conditions of any Agreement contained herein.
Waiver
Failure
of either Party to insist upon strict performance of any provision of
this or
any Agreement or the failure of either Party to exercise any right or
remedy to
which it, he or they are entitled hereunder shall not constitute a
waiver
thereof and shall not cause a diminution of the obligations under this
or any
Agreement. No waiver of any of the provisions of this or any Agreement
shall be
effective unless it is expressly stated to be such and signed by both
Parties.
The
laws of the United States govern these terms and conditions. By
accessing this
website and using our services
you consent to these terms and conditions and to the exclusive
jurisdiction of
the United States courts in all disputes arising out of such access. If
any of
these terms are deemed invalid or unenforceable for any reason
(including, but
not limited to the exclusions and limitations set out above), then the
invalid
or unenforceable provision will be severed from these terms and the
remaining
terms will continue to apply. Failure of Shmoggo to enforce any of
the
provisions set out in these Terms and Conditions and any Agreement, or
failure
to exercise any option to terminate, shall not be construed as waiver
of such
provisions and shall not affect the validity of these Terms and
Conditions or
of any Agreement or any part thereof, or the right thereafter to
enforce each
and every provision. These Terms and Conditions shall not be amended,
modified,
varied or supplemented except in writing and signed by duly authorised
representatives of Shmoggo.
Notification of
Changes
Shmoggo reserves the right to change these conditions from time to time as it
sees fit
and your continued use of the site will signify your acceptance of any
adjustment to these terms. If there are any changes in how we use our
site
customers’ Personally Identifiable Information, notification by e-mail
or postal
mail will be made to those affected by this change. You are therefore
advised
to re-read this statement on a regular basis
These terms and conditions
form part of the Agreement between the Client and ourselves. Your
accessing of
this website and/or undertaking of a booking or Agreement indicates
your
understanding, agreement to and acceptance, of the Disclaimer Notice
and the
full Terms and Conditions contained herein. Your statutory Consumer
Rights are
unaffected.
All Rights Reserved
Shmoggo
Design and Print
© 2013