Terms & Conditions
1. Welcome to My ACTIPAL.com
2. ACCEPTANCE OF TERMS
3. USER ACCOUNTS
If you establish an account at this site in order to purchase products or receive information from us, you are responsible for maintaining the confidentiality of your account and your password. By establishing an account, User agrees to accept responsibility for all activities that occur at the site under your account and password. My ACTIPAL reserves the right, in its sole discretion, to refuse service, cancel orders or terminate your account.
4. COPYRIGHT AND MARKS
All content on the site (with the exception of content provided by My ACTIPAL’s third party content providers and materials posted by Users) are the copyrighted property of My ACTIPAL. Apart from downloading to the viewer’s computer that is inherent in the visualization of a Web page, the contents of the site may not be copied, reproduced, modified, published, uploaded, published, transmitted, “Framed ” elsewhere, or Distributed in any way without the prior written consent of My ACTIPAL. Users must retain all copyrights and other proprietary notices on authorized reproductions of any part of the site. Any third party content appearing on the site is the property of their respective owners. You are not allowed to use any of these marks or third party content without the permission of the respective owner.
Users who publish their own content on the site in accordance with the terms of this agreement retain the copyright in that material, but are deemed to have given My ACTIPAL a license to sufficient material for the purpose of operating the website, which means My ACTIPAL can copy the material for backup and archiving purposes, show it on the website, allow viewers to visualize it (including downloading a copy to the viewer’s computers) and edit it for the Duration or compliance with the rules applicable to the posting of users on the site. This license is perpetual, worldwide, transferable as part of any website transfer in whole or in part, and fully paid. My ACTIPAL also has the right to remove User content from the site at any time for any
5. PROHIBITED CONDUCT
User particularly agrees to desist from doing, any of the following:
a) Use of any device to harvest information about other Users.
b) Transmit, install, upload or transfer of any virus to the site that in any way affects the use, enjoyment or service of the site.c) Posting of any material that is offensive to any other User on the site. My ACTIPAL maintains the exclusive right to determine what is offensive.
d) Post or store on the site any content that infringes the intellectual property rights of others (including but not limited to copyrights, trademarks, patents and publicity rights).
e) Engage in any action which My ACTIPAL determines is detrimental to the use and enjoyment of the site.
f) Use the site for any defamatory means.
g) Install, upload, transfer of any information in violation of the laws of United Kingdom or post any information that could result in civil unrest.
h) Try to manipulate the user’s personal information that is stored on this site.
i) Try or access this site using another user’s password.
j) Use any “Deep-Link “, “robot ” “spider ” or other device, program, algorithm or automatic methodology, or equivalent manual process, in any way to reproduce or to access, acquire or monitor any part of the site, or presentation of the site or any content, to obtain or attempt to obtain any material, documents or information through any means not available on purpose through the site. My ACTIPAL reserves the right to bar any such activity. o) Probe, scan or test the vulnerability of the site or any network connected to the site, or breach the security or authentication measures on the site or any network connected to the site, or reverse look-up, trace or seek to trace any information on any other User or any other customer of My ACTIPAL, including any My ACTIPAL account not owned by you, to its source, or exploit the site or any service or information made available or offered by or through the site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the site.
6. DISCLAIMER AND LIMITATION OF LIABILITY
ALL MATERIALS AND SERVICES ON THE WEBSITE AND THIRD PARTY SITES TO WHICH IT LINKS ARE PROVIDED “AS IS” OR “AS AVAILABLE” WITHOUT WARRANTY. MY ACTIPAL IS NOT RESPONSIBLE FOR THE AVAILABILITY OR CONTENT OF OTHER SERVICES THAT MAY BE ASSOCIATED WITH THE WEBSITE. SINCE MY ACTIPAL HAS NO AUTHORITY OR CONTROL OVER SUCH SERVICES, YOU ACKNOWLEDGE AND AGREE THAT MY ACTIPAL IS NOT RESPONSIBLE FOR THE PRESENCE OF SUCH EXTERNAL SERVICES AND THAT MY ACTIPAL DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE CONTENT, ACCURACY, QUALITY, ADVERTISING, PRODUCTS OR OTHER MATERIALS AVAILABLE ON SUCH EXTERNAL SERVICES. IN NO EVENT SHALL MY ACTIPAL OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, ASSIGNEES OR THIRD-PARTY CONTENT PROVIDERS BE LIABLE FOR ANY ILLICIT OR UNLAWFUL CONDUCT OF OTHER USERS. IN NO EVENT SHALL MY ACTIPAL OR ANY OF ITS AFFILIATES, AGENTS,
EMPLOYEES OR ASSIGNS BE LIABLE FOR ANY DAMAGE TO THE EQUIPMENT, HARDWARE OR OTHER PROPERTY OF THE USER OR PERSONAL INJURY ARISING IN CONNECTION WITH THE USE OF THE SITE. ALL TIRES SOLD BY MY ACTIPAL MUST BE INSTALLED BY A REPUTABLE TIRE INSTALLER AND MUST NOT BE INSTALLED AUTOMATICALLY. MY ACTIPALS REFERS TO INDEPENDENT INSTALLERS FOR THE INSTALLATION OF TIRES. MY ACTIPAL IS NOT RESPONSIBLE FOR ANY DAMAGE CAUSED BY IMPROPER INSTALLATION OF TYRES, OR ANY DAMAGE OCCURRING ON THE PROPERTY OF INSTALLERS. MY ACTIPAL DOES NOT HAVE ANY RESPONSIBILITY FOR THE SERVICES
PROVIDED BY THE INDEPENDENT INSTALLERS TO WHICH THE CUSTOMERS DO NOT REFER, NOR DO WE ENDORSE THESE INSTALLERS DIRECTLY. ANY CLAIM ARISING FROM THEINSTALLATION IS THE SOLE RESPONSIBILITY OF THE INSTALLER AND MY ACTIPAL IS NOT RESPONSIBLE FOR ANY DAMAGE DUE TO THE INSTALLER OR ITS EMPLOYEES. MY ACTIPAL IS NOT RESPONSIBLE FOR ANY CLAIMS IF THE TYRES ARE SELF-INSTALLED.
7. THIRD PARTY CONTENT
My ACTIPAL is not the publisher or speaker of any information on the site that is provided by third party content providers or by Users, and My ACTIPAL is not liable for any claims related to that information. Any mention on the site of products or services provided by third parties is for informational purposes only and constitutes neither an endorsement nor a recommendation by My ACTIPAL. My ACTIPAL assumes no responsibility for those products or services. Any dealings among any User and any third parties mentioned on or found through the site are solely between the Users and the third parties and are subject to any terms, conditions, warranties or representations associated with those dealings. MY ACTIPAL MAKES NO WARRANTY, EITHER EXPRESSED OR IMPLIED, OF THE ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION PROVIDED BY THIRD PARTIES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY INFORMATION FOUND ON A LINK LOCATED ON THIS SITE THAT ALLOWS USERS TO ACCESS INFORMATION FOUND ON ANOTHER SITE.ADDITIONALLY, MY ACTIPAL DOES NOT WARRANT THE EXISTENCE OR FUNCTIONALITY OF ANY SITE WHICH CAN BE ACCESSED THROUGH A LINK LOCATED ON THIS SITE.
8. USER CONTENT
My ACTIPAL may from time to time and at its sole discretion post content on the site that has been submitted to My ACTIPAL by User, including but not limited to product reviews or other comments (collectively, “User Content”). User may not usea false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any User Content. User retains the copyright in any User Content and grants My ACTIPAL a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display, throughout the world in any media, any and all User Content. User also grants My ACTIPAL the right to use the name submitted by User in connection with User Content, if My ACTIPAL so chooses. User represents and warrants that User owns or otherwise controls all of the rights to the User Content; that the User Content is accurate; that use of the User Content does not violate this Agreement and will not cause injury to any person or entity; and that User will indemnify My ACTIPAL for all claims resulting from the User Content. My ACTIPAL has the right but not the obligation to monitor and edit or remove any User Content. My ACTIPAL takes no responsibility and assumes no liability for any User Content.
User agrees to defend, indemnify and otherwise hold harmless My ACTIPAL and its officers, directors, agents, employees and assigns from and against any cause of action or claim, including legal fees, related to User’s use of the site.
Users are prohibited from violating or attempting to violate site security. My ACTIPAL will investigate occurrences of possible violations and cooperate with all law enforcement authorities applicable to the prosecution of offenders.
You acknowledge and agree that My ACTIPAL may maintain any communication by you with My ACTIPAL through the site or any service offered on or through the site, and it may also expose such data if required to do so by law, or My ACTIPAL states that such conservation or disclosures are necessary for :
(1) comply with the legal process
(2) to respond to claims that any subject violates the rights of others,
(4) to protect the rights, property or personal safety of My ACTIPAL, employees, site visitors, and the public.
You agree that My ACTIPAL may, in its sole discretion and without prior notice, terminate your access to the site, for cause, which includes (but is not limited to):
(1) requests by law enforcement or other government agencies,
(2) a request by you (self-initiated account deletions),
(3) discontinuance or material modification of the site or any service offered on or through the site, or unexpected technical issues or.
12. Children’s Privacy
The Services are not intended for use by children under the age of 18. We do not knowingly collect (or knowingly allow any third party to collect) personalinformation from persons under the age of 18. If we become aware that personal information is collected from a person under the age of 18, we will erase this information and end the person’s account as quickly as possible.
13. TERMINATION OF AGREEMENT
Either My ACTIPAL or User may terminate this Agreement at its discretion. In addition to My ACTIPAL’s other rights, My ACTIPAL may terminate access to this site or cancel membership to any service that My ACTIPAL provides on the site if User breaches this Agreement in any way or engages in conduct that My ACTIPAL deems inappropriate. In the event of termination of this Agreement, the provisions in this paragraph and the provisions found in paragraphs 4, 5, 6, 7, 8, 9 and 11 shall
14. CANCELLATION AND REFUND
All cancellation and refund requests will be subject to My ACTIPAL’s review and absolute discretion. We will normally process your valid written request within 28 days of receiving it, unless a shorter period is required by law. You may request a cancellation or refund by emailing your request to My ACTIPAL support at www.myactipal.com. If you cancel your account at any time, you will not receive any refund.
User is given a limited, unexclusive right to create a hyperlink to the site’s home page as long as the link does not display My ACTIPAL or its products or services in the wrong, misleading, humiliating, or other abusive material. The user may not use any My ACTIPAL icon or other proprietary graphics or a trademark as part of the link without explicit written permission. My ACTIPAL reserves the right to terminate anylink found on the site at any time. The user cannot use framing techniques to surround any trademark, logo, or other My ACTIPAL proprietary information (including images, text, page layout, or form) or use all meta tags or any “hidden text” using the name of My ACTIPAL or trademarks without My ACTIPAL explicit consent.
16. COPYRIGHT PROTECTION
My ACTIPAL honors the intellectual property rights of others and asks the same of Users of the site. My ACTIPAL may, in its sole discretion, terminate the accounts or access rights of Users whose actions infringe or otherwise violate the intellectual property rights of others. If you believe your work has been infringed, please provide My ACTIPAL with the following information:
a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b) Identification of the copyright work claimed to have been infringed or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
c) Identification of the material alleged to be infringing or subject to infringing activity and which must be eliminated or whose access must be disqualified, and information reasonably sufficient to allow My ACTIPAL to identify the material;
d) Information that is reasonably sufficient to permit My ACTIPAL to contact the complaining party, such as address, telephone number and, if available, e-mail address;