Kushfilms.com Terms and Conditions
Welcome to this website which is owned by Kush Promotions & PR Ltd of PO BOX 33899, London, England, N8 OYX (referred to as “We” and “Us”).
These terms and conditions help to keep all www.kushfilms.com websites a safe place to trade and set out the full extent of any agreement reached between you and us in connection with this site. You should understand that by accessing this site and engaging in our inter-active services or placing an order, you automatically accept the following terms and conditions. We may vary the terms from time to time, so you should check the site regularly to make sure you are aware of the latest version.
Ownership of the site
- We own or control all trade marks, copyright, database rights, and other intellectual property rights in material contained in, or referred to, on this website. The use of any of the information, artwork, photographs, music, interviews, videos or other materials contained on this site must be solely and entirely for private use. Any and all other uses are strictly prohibited without our express written consent. You must not modify, vary, obscure or delete any copyright or other proprietary notice from any copies that are so made.
Kush Media Group does not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the www.kushfilms.com website or for any products or services purchased or accessed from the kushfilms.com website.
Your contact for purchases made through this web site is with KUSH PROMOTIONS LIMITED, and you undertake that any and all goods ordered by you are for private and domestic use only.
- You agree that e-mail can be used as a long-distance means of communication.
- No contract for the sale of any product will subsist between you and us unless and until we accept your order by way of an e-mail confirming that we have received payment in full for all the goods you have ordered. That acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you at the time we send the e-mail to you (whether or not you receive that e-mail). This confirmation e-mail amounts to an acceptance by us of your offer to buy goods from us or a 3rd party supplier that is engaged on your behalf by us.
- This confirmatory e-mail will contain all relevant statutory information concerning your contract
- The confirmatory e-mail will also contain a link to these terms and conditions, and may be amended in accordance with paragraph 30 below from time to time.
- You must check that the details on this confirmatory e-mail are correct as soon as possible and you should print out and keep a copy of it.
- We will not pass on your personal or credit or debit card details to any third party.
- You undertake that all details you provide to us for the purpose of ordering or purchasing goods or services are correct, that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of the goods or services ordered.
- If there are any changes to the details supplied by you it is your responsibility to inform us as soon as possible.
- Your statutory rights are not affected (in particular see below as to your rights to withdraw from the contract) but otherwise all purchases are non-exchangeable, non-refundable and non-transferable.
Use of the site
10. This Web site contains one or more of the following interactive services: bulletin boards, news groups, forums, communities and/or other message or communication facilities. You agree to use such services only to send and receive messages and material that are proper and related to the particular service, area, group, forum, community or other message or communication facility. In addition to any other terms or conditions of use of any bulletin board services, news groups, forums, communities and/or other message or communication facilities, you agree that when using one, you will not:
|a. Publish, post, upload, distribute or disseminate any inappropriate, profane, derogatory, defamatory, infringing, improper, obscene, indecent or unlawful topic, name, material or information.b. Upload files that contain software or other material protected by intellectual property laws or by rights of privacy of publicity unless you own or control such rights or have received all necessary consents.c. Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.d. Advertise any goods or services for any commercial purpose.e. Offer to sell any goods or services for any commercial purpose.
f. Conduct or forward chain letters or pyramid schemes.
g. Download for distribution in any manner any file posted by another user of a forum that you know, or reasonably should know, cannot be legally distributed in such manner.
h. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
i. Falsify or delete any author attributions, legal or other proper notices, proprietary designations, labels of the origin, source of software or other material contained in a file that is uploaded.
j. Restrict or inhibit any other user from using and enjoying any of the bulletin board services, chat areas, news groups, forums, communities and/or other message or communication facilities.
11. Staff working on behalf of Kush Promotions has no obligation to monitor the bulletin board services, news groups, forums, communities and/or other message or communication facilities. However, we reserve the right at all times to disclose any information deemed by us necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part.
12. You acknowledge that communications to or with bulletin board services, news groups, forums, communities and/or other message or communication facilities are not private communications; therefore others may read your communications without your knowledge. You should always use caution when providing any personal information about yourself or your children. We do not control or endorse the content, messages or information found in any bulletin board services, news groups, forums, communities and/or other message or communication facilities and, specifically disclaims any liability with regard to same and any actions resulting from your participation.
13. If you send any communications or materials to the Web site by electronic mail, postings to discussion forums or otherwise, including any comments, data, questions, suggestions or the like, all such communications are, and will be treated as, non-confidential and non-proprietary. Thus, you give up any claim that any use of such material violates any of your rights including moral rights, privacy rights, proprietary or other property rights, publicity rights, rights to credit for material or ideas, or any other right, including the right to approve the way we use such material. Any material submitted to this Web site may be adapted, broadcast, changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted or used by us anywhere in the world, in any medium, forever. We may also remove any submissions in our sole discretion or in response to a complaint. Furthermore, we are free to use, without any compensation to you, any concepts, ideas, know-how or techniques contained in any communication you send to the Web site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. However, you understand and agree that we are not obligated to use any such ideas or materials and you have no rights to compel such use.
14. In consideration of your use of the Web site, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the form for your account information and (b) maintain and promptly update the account information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Web site.
15. The information, products, and services included on this Web site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. kushfilms.com may make improvements and/or changes in this Web site at any time.
16. Advice received via this Web site should not be relied upon for personal, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.
17. Our site contains links to other Web sites. We are not responsible for the content of these sites. Links from this site to any other site do not mean that we approve of, endorse or recommend that site, other than the sites of affiliates. We disclaim all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on any other site. You hereby waive any claim you might have against us with respect to such other sites.
Processing of Orders
- Cheques, Credit and Debit cards are debited & Processed by our gateway payment provider Paypal before we ship any & all items. All prices include UK sales taxes (where applicable) unless otherwise stated. Please carefully read the Paypal Terms & Conditions before making any purchases with your credit or debit card. As Paypal an external payment gateway company is totally responsible for processing all payments made on our behalf. Once you make a payment through Paypal it will be deemed automatically that you agree to all Paypal’s Terms & Conditions.
19.Every purchase you make shall be deemed performed in the United Kingdom. United Kingdom law shall govern every aspect of contractual agreement concerning purchases made from this web site.
20.We aim to arrange shipment of all in stock items within 48 hours of receiving your order. Your order may be delayed if the item is not in stock with our suppliers. Some items may be unavailable and the current stock status is approximate. We are not able to supply dates our suppliers may get an item in stock.
- You can keep track of your order status yourself on-line with the order tracking facility on your account page. Our standard Returns Policy applies to all purchases from us.
22.The period stated within which you will receive your order is approximate. Goods will be sent to the address given by you in your order and stated in the Order Confirmation. Please note that your goods may be sent to you in instalments.
- Title to any product ordered will pass to you once we have received payment in full for that product.
- If your delivery address is outside of United Kingdom you maybe subject to import duties and taxes, which are levied once a shipment reaches your country. Any such additional charges for customs clearance must be borne by you. You should note that customs policies vary widely from country to country; we advise each customer to contact their local customs office for further information.
- From time to time we may engage a 3rd party to fulfil orders, a contract for the sale of these products will be made between the 3rd party supplier and yourself.
- Please note that when shipping products internationally you should be aware that cross-border shipments are subject to opening and inspection by customs authorities.
- You may cancel your order at any time prior to your order being processed by clicking on the ‘cancel’ link next to the product ordered on your account page on the website. We can also accept immediate cancellations by email: firstname.lastname@example.org.
26.1 Sending a ‘notice of cancellation’ by email to email@example.com (Please back this up by also calling us on 0203 070 3200 or 07961 977 749) ensuring that you quote your name, address and order reference number and reason for return;
26.2 Where you have already received the goods, returning the goods to KUSH PROMOTIONS, unopened together with the original invoice and reason for return within 7 working days from the date that you received the goods.
We will then re-credit you the purchase price of the goods. If a proven mistake is made on our behalf we will where appropriate refund any additional customs duties borne by you on receipt of the relevant customs receipt.
- Once we receive notification from you that you wish to withdraw from the contract (in accordance with these terms) any sum debited to us from your Bank Account via Cheque, Credit Card or via Postal Order in relation to your order will be re-credited to you via a Credit Note as soon as possible and within 30 days of your order provided that the goods you wish to return are in the condition that they were in when delivered to you. You will then be able to further use the credit note to acquire other merchandise from us within 90 days from time of dispatch of Credit Note.
- This Liability section applies only to the extent permitted by law. For the avoidance of doubt, we do not exclude or limit any liability for (a) personal injury (including sickness and death) where such injury results from Kush PROMOTIONS negligence or wilful default, or that of KUSH MEDIA GROUP Limited employees, agents or subcontractors or (b) fraudulent misrepresentation.
- We do not accept liability (except as set out below) for any errors and omissions and reserve the right to change when necessary information, specifications and descriptions of listed goods, products and services.
- We will do our best to correct errors and omissions as quickly as practicable after being notified of them.
- TO THE FULLEST EXTENT PERMITTED BY LAW, KUSH PROMOTIONS LTD IS PROVIDING THIS WEB SITE AND ITS CONTENTS ON AN “AS IS” BASIS AND MAKES NO (AND EXPRESSLY DISCLAIMS ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THIS WEB SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED IN THIS SITE INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS WEB SITE IS ACCURATE, COMPLETE OR ALWAYS CURRENT.
- You agree to indemnify and hold us, and our subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Web site, your use of the Web site, your connection to the Web site, your violation of the terms of service, or your violation of any rights of another.
- In the unlikely event that you receive goods which were not what you ordered or which are damaged or defective, or are of a different quantity to that stated on your order form, we shall, at our own option, make good any shortage or non-delivery, replace or repair any damaged or defective goods, or refund to you the amount you paid for the goods in question PROVIDED THAT you notify us of the problem in writing at the address stated in the confirmation e-mail within 7 working days of delivery to you of the goods. NOTHING IN THIS CLAUSE AFFECTS YOUR STATUTORY RIGHTS.
- We will only be liable for direct loss up to a maximum total of the price of the product or service purchased in respect of any claim.
- It is a crime to use a false name or a known invalid credit card to order goods. Anyone caught wilfully entering an erroneous or fictitious order will be prosecuted to the fullest extent of the law. Kushfilms.com tracks the electronic ‘fingerprints’ of every order placed on kushfilms.com to enable us and all legitimate crime prevention and prosecution authorities to trace individual users engaging in criminal activities on our website.
- We may amend these terms and conditions from time to time, and place the new version on the website. When we do so, we will mention the fact on our home page (www.kushfilms.com). All purchases from the date that the amended terms are placed on our website onwards will be governed by those new terms.
- These terms and conditions shall apply when we accept your order by e-mail, confirming that we have received payment in full for all the goods you have ordered. New policies shall supersede any and all other conditions, understandings, commitments, agreements or representations (except fraudulent misrepresentations) relating to your purchase, whether oral or in writing, and contain the entire agreement between us and you relating to your purchase. We advise that you should print off and keep safe a copy of these terms and conditions once your order has been accepted by us.
- You are advised to read (and are responsible for reading) all information on this website fully especially all legal policies.
- If any of these terms are held to be invalid or unenforceable, those terms will be struck out and the other terms remain.
- We reserve the right to change, modify, substitute or remove without notice any information on this site from time to time.
41. Access to the site may be suspended, restricted or terminated at any time.
42. We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent the following information:
|a. an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest;b. a description of the copyrighted work that you claim has been infringed;c. identification of the URL or other specific location on the Site where the material that you claim is infringing is located;d. your address, telephone number, and email address;e. a statement by you that you have a good faith belief that the disputed use is authorised by the copyright owner, its agent, or the law; and
f. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf.
Please send all claims of copyright infringement on this Web site to:
KUSH PROMOTIONS & PR LTD
PO BOX 33899
London, N8 OYX
England, United Kingdom
We reserve all rights not expressly granted herein.
Any inquiries concerning these terms and conditions of use should be directed to: firstname.lastname@example.org.
Copyright © Kush Media Group Limited
Law & Jurisdiction
42. This legal statement and the disclaimers and exclusions contained in it are governed by and construed in accordance with English Law. Any disputes shall be referred to the exclusive jurisdiction of the English courts, to which both parties submit.
43. The content of this web site is directed solely at those who access the site from the United Kingdom. Kush Films Limited makes no representation that any service or product referred to in this web site is suitable for use outside of the United Kingdom.
Who Owns The Site
The kushfilms.com website is wholly owned by the Kush Promotions & PR Limited. For full details of the activities of Kush Promotions & PR Limited, please visit the ‘about’ section of the site.
Where We Live & Contacting Us
Kush Promotions PR Ltd is based at the following UK address:
PO BOX 33899
For all customer enquiries call: + 44 0203 070 3200 or Mobile: +44 (0) 7961 977 749 or send an email by clicking here: email@example.com
Ordering Products From Us
|The price:||The price you will pay for the goods will be clearly indicated on the site, and will be inclusive of VAT if applicable but will be exclusive of any customs or imports tax if chargeable.|
|Delivery:||The price for delivery will clearly be indicated during the checkout process. This cost will be added to the cost of your goods, and the total amount to be charged will be clearly indicated.|
|Security:||kushfilms.com host company “Jumpline ” currently employs servers with the highest currently available security (128 bit, for those in the know) which is backed up by our own SSL secure domain.All Payments are controlled & Processed through PayPal secure payment services and you should refer to their Terms & Conditions & Privacy Policies before using their services.|
|Cancellation:||You have the right to cancel your order once you have placed it prior to despatch of the goods in question. To do this, please contact our customer services team at + 44 (0) 203 070 3200 or +44 (0) 7961 977 749.It would be appreciated if you could have your order number available when you do this.|
|Returns:||You have the right to return products to us in mint condition up to 7 days after first having received them to receive a full ‘credit note’ refund. To return the product, please send it to the Customer Services Department at our usual address above.|
|Receipts:||Your order will include a full VAT receipt.|
|VAT No.:||Our VAT number is: n/a|
Mistakes, Complaints & Disputes
|Faulty Goods:||If the goods you have ordered are faulty in any way, or different from those you ordered, then we will provide a replacement or full refund, This can be obtained by contacting the Customer Services Department by clicking here. Faulty goods can be returned to our Customer Services Department at our listed address.|
|Complaints:||We take customer service very seriously, which is why any complaint made will be acknowledged within five working days. We will then keep you informed of our investigations, and will make full refunds where deemed appropriate.|
DOWNLOADING AND STREAMING
In the event that the website authorises you to download and/or stream audio and/or audio visual clips, a separate licence setting out the terms regarding such downloading and/or streaming will be issued to you.
Kush Promotions & PR Ltd a subsidiary of the Kush Media Group Ltd
Copyright 2013 ©