Legal
This page contains Terms and Conditions and our Disclaimer. Please scroll down to view entire contents.
Terms and Conditions
Where the context admits: “We” includes Ancore Digital or any party acting on Ancore Digital’s implicit instructions. “You” includes the person purchasing the services or any party acting on the customer’s instructions.
1.1 We shall use our reasonable endeavours to make available to you at all times the Server and the Services but we shall not, in any event, be liable for interruptions of Service or down-time of the Server.
1.2 We shall have the right to suspend the Services at any time and for any reason, generally without notice, but if such suspension lasts or is to last for more than 7 days you will be notified of the reason.
1.3 The Services provided to you hereunder and your account with us cannot be transferred or used by anyone other than you. No more than one log-in session under any one account may be used at any time by you. If you have multiple accounts, you are limited to one login session per system account at any time; user programs may be run only during log-in sessions. If your account is found to have been transferred to another party, or shows other activity in breach of this sub clause, we shall have the right to cancel the account and terminate the Services and/or this Agreement immediately.
2.1 All charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us on our web site and shall be due and payable in advance of our service provision. We reserve the right to change pricing at any time although all pricing is guaranteed for the period of pre payment.
2.2 Payment is due each year following the date the Services were established until closure notice is given. If you choose to pay by credit or debit card you authorise ClickBank to debit your account renewal fees from your card.
2.3 All payments must be in US Dollars.
2.4 Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled forthwith to suspend the provision of Services to you.
2.5 Once an account has a suspended status, Access to files, databases and other content is explicitly denied. All files, databases and other content including the account itself is permanently deleted after ten days of account suspension.
3.1 If you fail to pay any sums due to us as they fall due, we may suspend the Services and/or terminate this Agreement forthwith without notice to you.
3.2 If you break any of these terms and conditions we may suspend the Services and/or terminate this Agreement forthwith without notice to you.
3.3 If you are a company and you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors, we shall be entitled to suspend the Services and/or terminate this Agreement forthwith without notice to you.
3.4 No refunds will be made for Services suspended in accordance with 3.1, 3.2 and 3.3.
3.5 No refunds will be made for unused pre paid Services.
3.6 We reserve the right to suspend the Services and/or terminate this Agreement at any time.
3.7 You may cancel the Services within 60 days as detailed under our Money Back Guarantee Policy.
3.8 Where payment has been made by credit or debit card, any refund will only be issued to the same credit or debit card.
4.1 The Affiliate Scheme is open to all and is operated by ClickBank.
4.2 The following are terms and conditions for participating in the Ancore Digital Affiliate Program. “Affiliate” refers to you, and “Ancore Digital” refers to Ancore Digital and its corresponding entities. Ancore Digital reserves the right to amend this agreement as needed from time to time, and Affiliate agrees that any such amendment will apply to Affiliate. The continuation of Affiliate status or Affiliate’s acceptance of income or bonuses shall constitute Affiliate’s acceptance of any and all amendments.
4.2.1 Affiliate represents and warrants that he or she is of the legal age of consent in all applicable jurisdictions or countries and, in any event, is at least 18 years of age.
4.2.2. Affiliate will not engage in any SPAM of any kind, nor will Affiliate engage in any unauthorized message board, messenger service or other online posting. Ancore Digital also considers ANY type of advertisement about Ancore Digital posted to a newsgroup or chat room to be SPAM. For the purpose of this agreement, SPAM is defined as emailing anyone, in bulk or by single mailing, about Ancore Digital, who has not specifically requested the information directly from Affiliate. “Unsolicited” and “Unauthorized” are defined as any solicitation not expressly requested or warranted by any organization or site mentioned above. Use of SPAM may result in the immediate suspension or termination of Affiliate account. Affiliate will also be in violation of the Ancore Digital Affiliate Agreement and subject to legal action and be held liable for any financial loss incurred by Ancore Digital.
4.2.3. Affiliate will not engage in any advertising utilizing spyware or adware of any kind. This includes “permission” based adware software, used exclusively for the delivery of popup or related ads. In the event that you have an application that delivers advertisements, express permission must be granted in writing from Ancore Digital to allow any promotion.
4.2.4. Affiliate will not engage in any browser hijacking of any kind, or any other interference with the normal functioning of a potential website visitor’s computer. This could include starting any process(es) not expressly started by potential website visitor, including opening of a CD-ROM, or any other program or application.
4.2.5. Affiliate will not intentionally mislead any potential website visitor to believe that an Ancore Digital product is any other product. This could include website content, or ads run on any search engine. Affiliate will not use any product name in context of advertising which could be misunderstood to be an Ancore Digital product, and therefore be misleading to the potential website visitor.
4.2.6. Affiliate cannot write bogus reviews and cannot cloak their ClickBank link. Actions such as this, will result in your account being cancelled and banned.
4.2.7. Affiliate will not use advertising which is directly false or misleading.
4.2.8. Affiliate agrees to assume sole responsibility for compliance with all applicable intellectual property laws and all other federal, state and international laws. In the event that Ancore Digital should receive any notification of claimed infringement by Affiliate, Affiliate agrees to cooperate with Ancore Digital in expeditiously responding to such notification and resolving any claim of infringement. In the event that an affiliate is unresponsive or unwilling to assist, Ancore Digital will take any and all measures to prevent Affiliate from further involvement in our program, and will further cooperate in any law enforcement action as a result of said Affiliate’s actions.
4.2.9. Affiliate will be directly responsible for all tax liabilities, including without limitation, liabilities to any agency with respect to any earnings or payments made as a result of affiliate’s promotion of Ancore Digital. Affiliate further agrees to indemnify and reimburse Ancore Digital in the event of any claim for assessment by any foreign, United States federal, state, and/or local taxing authority.
4.2.10. Affiliate agrees that an Ancore Digital Affiliate is an independent contractor and not an employee, agent, partner, legal representative, or franchisee of Ancore Digital. Affiliate further agrees not to incur any debt, expense, obligation on behalf of, for, or in the name of Ancore Digital.
4.2.11. All Affiliate applications are subject to approval by Ancore Digital.
4.2.12. Affiliate agrees to receive Ancore Digital email, including but not restricted to sales reports and training.
4.2.13. Affiliate agrees to present Ancore Digital products and services as set forth at the official Ancore Digital Website. Affiliate will make no claims regarding products or services beyond what is stated at the official Ancore Digital Website.
4.2.14. Ancore Digital is not responsible for technical problems, acts by third parties, or other events outside our reasonable control which may temporarily disrupt or diminish service.
4.2.15. Ancore Digital reserves all rights in or to its trademarks and servicemarks but may be used by Affiliate in accordance with this agreement. Affiliate may in no way display an Ancore Digital logo, image, or trademark which may be distasteful, defame, or misrepresent Ancore Digital.
4.2.16. Affiliate may not assign rights or delegate duties under this Agreement without the prior written consent of Ancore Digital. Upon request, Ancore Digital will provide Affiliate with guidelines for the sale, transfer, or assignment of Affiliate’s Ancore Digital business.
4.2.17. Affiliate agrees not to present others’ creative works – in full or in part – as his or her own nor engage in violation of copyright agreements for any reason. Such violations could result in suspension or termination of membership.
4.2.18. Ancore Digital makes no warranties expressed or implied with regard to Affiliate Program except as outlined in this Agreement.
4.2.19. In the event that a provision of this Agreement is held to be invalid or unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable, and the balance of the Agreement will remain in full force and effect.
4.2.20. Ancore Digital shall not be held liable for any indirect, incidental, special, or consequential damages or any loss of revenue or profits arising under or with respect to this Agreement or program, even if Ancore Digital has been advised of the possibility of such damages. Ancore Digital aggregate liability arising under or with respect to this agreement or the program shall in no event exceed the amounts paid or payable by Ancore Digital under this agreement.
4.2.21. Both Ancore Digital and the Affiliate reserve the right to terminate this agreement at any time. The term of this Agreement shall be for a period of one year from the date hereof and shall automatically renew upon each anniversary without further act of the parties unless either party has terminated this Agreement by written notice to the other.
4.2.22. Affiliate agrees not to modify the product names of Ancore Digital in any form.
5.1 You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Services and the Server including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by us in consequences of your breach or non-observance of this Agreement.
6.1 All conditions, terms, representations and warranties relating to the Services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded, subject always to subclause
6.2 Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence.
6.3 Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim.
6.4 In any event no claim shall be brought unless you have notified us of the claim within one year of it arising.
6.5 In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.
7.1 You should always consult a physician or medical expert before starting any diet, fat loss, weight loss, weight gain or exercise training program.
7.2 The information presented on this website and within plan:one should not be used as a substitute for medical or professional advice.
7.3 Ancore Digital disclaims any liability or loss in connection with the use of plan:one and the advice therein.
8.1 Ancore Digital reserves the right to revise, amend, or modify these Terms and Conditions, and any of our other policies and agreements at any time and in any manner.
9.1 Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery to the address of the other party as appearing in this Agreement or ancillary application forms or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served two days following the date of posting.
10.1 This Agreement shall be governed by and construed in accordance with Northern Irish law and you hereby submit to the non-exclusive jurisdiction of the Northern Irish courts.
11.1 Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.
12.1 These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.
Disclaimer
1. Introduction
This disclaimer governs your use of our website; by using our website, you accept this disclaimer in full. If you disagree with any part of this disclaimer, you must not use our website.
2. Intellectual property rights
Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.
3. Licence to use website
You may view, download for caching purposes only, and print pages or other content from the website for your own personal use, subject to the restrictions below.
You must not:
(a) Republish material from this website (including republication on another website);
(b) Sell, rent or otherwise sub-license material from the website;
(c) Show any material from the website in public;
(d) Reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
(e) Edit or otherwise modify any material on the website; or
(f) Redistribute material from this website except for content specifically and expressly made available for redistribution (such as our newsletter).
Where content is specifically made available for redistribution, it may only be redistributed within your business.
4. Limitations of warranties and liability
Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.
To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
Nothing in this disclaimer (or elsewhere on our website) will exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.
Subject to this, our liability to you in relation to the use of our website or under or in connection with this disclaimer, whether in contract, tort (including negligence) or otherwise, will be limited as follows:
(a) to the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature;
(b) we will not be liable for any consequential, indirect or special loss or damage;
(c) we will not be liable for any loss of profit, income, revenue, anticipated savings, contracts, business, goodwill, reputation, data, or information.
5. Variation
We may revise these terms of use from time-to-time. Revised terms of use will apply to the use of our website from the date of the publication of the revised terms of use on our website. Please check this page regularly to ensure you are familiar with the current version.
6. Entire agreement
This disclaimer, together with our privacy policy, constitutes the entire agreement between you and us in relation to your use of our website, and supersedes all previous agreements in respect of your use of this website.
7. Law and jurisdiction
This disclaimer will be governed by and construed in accordance with Northern Irish law, and any disputes relating to this disclaimer will be subject to the jurisdiction of the courts of Northern Ireland.
8. Registrations and authorisations
9. Our details
The full name of our company is Ancore Digital
You can contact us by email to mail (at) ancoredigital.com.
This website disclaimer is based on a template created by Website-contracts.co.uk and distributed by Website-law.co.uk.