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Terms of Service

Last Updated: December 2024

These Terms of Service ("Terms") govern your access to and use of the website and services provided by RISING PHOENIX MARKETING LIMITED ("we," "our," "us," or "Rising Phoeniks"). By accessing or using our website or services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our website or services.

1. Acceptance of Terms

By accessing, browsing, or using our website, you acknowledge that you have read, understood, and agree to be bound by these Terms and all applicable laws and regulations. If you do not agree with any part of these Terms, you must not use our website or services.

2. Description of Services

Rising Phoeniks provides software development, digital marketing, web design, and related technology services. We reserve the right to modify, suspend, or discontinue any aspect of our services at any time without prior notice.

3. Use of Website

3.1 Permitted Use

You may use our website for lawful purposes only. You agree to:

  • Use the website in accordance with these Terms and applicable laws
  • Provide accurate and complete information when contacting us
  • Respect the intellectual property rights of Rising Phoeniks and third parties
  • Maintain the confidentiality of any account credentials you may receive

3.2 Prohibited Activities

You agree not to:

  • Use the website for any illegal or unauthorized purpose
  • Attempt to gain unauthorized access to any portion of the website or its systems
  • Interfere with or disrupt the website or servers connected to the website
  • Transmit any viruses, malware, or other harmful code
  • Use automated systems to access the website without our express written permission
  • Copy, reproduce, or distribute any content from the website without authorization
  • Impersonate any person or entity or misrepresent your affiliation with any person or entity

4. Intellectual Property Rights

All content on this website, including but not limited to text, graphics, logos, images, software, and the compilation thereof, is the property of Rising Phoeniks or its content suppliers and is protected by copyright, trademark, and other intellectual property laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our website without our prior written consent.

5. Service Agreements

When you engage our services, a separate service agreement or contract will be entered into that will govern the specific terms of that engagement. These Terms of Service apply to your use of our website and general interactions with us, but specific service terms will be detailed in individual service agreements.

6. User Content

If you submit any content to us through our website (such as through contact forms, comments, or feedback), you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.

You represent and warrant that:

  • You own or have the necessary rights to the content you submit
  • The content does not infringe any third-party rights
  • The content is not defamatory, obscene, or otherwise unlawful

7. Privacy

Your use of our website is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information. Please review our Privacy Policy to understand our practices.

8. Disclaimers

THE WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not warrant that the website will be uninterrupted, secure, or error-free, or that any defects will be corrected. We do not make any warranties regarding the accuracy, reliability, or availability of the website or its content.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, RISING PHOENIX MARKETING LIMITED SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF THE WEBSITE OR SERVICES.

Our total liability to you for all claims arising from or related to the use of the website or services shall not exceed the amount you paid to us, if any, in the twelve (12) months preceding the claim.

10. Indemnification

You agree to indemnify, defend, and hold harmless Rising Phoeniks, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to your use of the website, violation of these Terms, or infringement of any rights of another party.

11. Termination

We reserve the right to terminate or suspend your access to the website immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the website will cease immediately.

12. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions. Any disputes arising from or relating to these Terms or the website shall be subject to the exclusive jurisdiction of the courts of England and Wales.

13. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the website after such modifications constitutes your acceptance of the updated Terms.

14. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

15. Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Rising Phoeniks regarding your use of the website and supersede all prior agreements and understandings.

16. Contact Information

If you have any questions about these Terms of Service, please contact us:

RISING PHOENIX MARKETING LIMITED
Company Number: 16942227
24 Heol Llangeinor, Llangeinor
Bridgend, Wales, CF32 8PW
Email: legal@risingphoeniks.com