Terms and ConditionsThe sale and distribution of Scenar products on this website are controlled and administered by Pain Genie Ltd. We shall be supplying these and any additional services on the terms and conditions set out below.
In these terms and conditions the following words have the following meanings:-
Customer Support: The service of providing a customer support team who are dedicated to problem solving for the Scenar via the helpdesk, email or telephone.
SCENAR: Self-Controlled Energy Neurone Adaptive Regulation
Address: 8 Offington Drive, Worthing, West Sussex, BN14 9PN
1. The contract between us
1.1 We must receive payment of the whole of the price for the Scenar before your order can be accepted and processed, unless we have agreed in writing to supply Scenar on credit. Once we have received payment or we have agreed to give credit we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form. Our acceptance of your order brings into existence a legally binding contract between us.
1.2 Where we supply Scenar on credit, payment is due within 14 days of the date of our invoice.
1.3 Where you buy a Scenar:
a. You shall be deemed to have accepted the Scenar on the date you are notified by us that you payment has cleared
b. You agree to pay all charges, VAT and any bank charges as they fall due the amount and time for payment is as set out on the www.paingenie.com website from time to time.
c. The initial price paid relates to the supply of a Scenar
d. We will provide the Scenar ordered with reasonable care and skill but we do not warrant or undertake that this will cause the Scenar to operate without fault or interruption.
e. We cannot guarantee the quality of a product or service provided by a third party for and on our behalf, however, we will use reasonable endeavours to resolve any disputes.
f. We shall use all reasonable endeavours to correct as soon as is reasonably practicable any fault notified by you.
g. You warrant and undertake that you shall in your use of the Scenar comply with our acceptable usage policy (below), any relevant legislative and regulatory provisions and shall not use the Scenar for any illegal purpose and shall indemnify us in respect of any liability howsoever incurred as a result of a breach of this clause.
h. We disclaim all express and implied warranties, including warranties of merchantability and fitness for a particular purpose. Neither we or our network service suppliers will be liable for unauthorised access to or alteration, theft or destruction of end users' data files, programs, procedures or information through accident, fraudulent means or devices, or any other method, regardless of whether such damage occurs as a result of our negligence.
i. You shall indemnify us and shall hold us harmless against any and all losses, damages, costs and expenses arising from or in connection with any claims or proceedings brought by third parties against us in respect of or arising directly or indirectly from the resale of products and services.
j. Any notice required or authorised to be given may be delivered to us by post at our registered office and to you by post to the last known address which we hold and shall be deemed to have been served 72 hours after posting.
k. In the case of any customer who is an individual about whom we process personal data (as defined by the Data Protection Act 1998), we may use such data to provide you with details of our other products which may be of interest you.
l. If within 14 days of placing an order for the purchase of a Scenar you are for any reason not entirely satisfied with your purchase you may cancel this agreement and we will return the fee paid by you (if any).
2.1 The prices payable for the Scenar that you order are set out in the www.paingenie.com website.
2.2 We reserve the right to vary prices and withdraw all or any part of the services provided under our agreement (if necessary without notice) in direct or indirect changes to the law of the United Kingdom howsoever occurring or carrier licenses, or any other associated events or circumstances which are beyond our control.
3. Our right to cancel your contract
3.1 We reserve the right to cancel the contract between us if :-
3.1.2 you place an order for a Scenar which is in the opinion of Pain Genie Ltd incomplete or inaccurate.
3.2 If we do cancel your contract we will notify you by email and will re-credit to your account any sum deducted by us from your credit / debit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation.
4.1 Where you order a Scenar these terms and conditions will continue to apply to our agreement indefintely (as from time to time varied) unless and until determined in accordance with the following provisions:-
4.1.1 By you giving not less than 30 days notice in writing to us (but without prejudice to any claim we may have for any antecedent breach of any other of these terms and conditions) or
4.1.2 By us in accordance with the remaining terms and conditions of this agreement.
5.1 If the Scenar we provide is not what you ordered or is defective, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 7 working days of receiving the products you have ordered.
5.2 If you notify a problem to us under this condition, our only obligation will be, at our option: 5.2.1 to repair the defective product 5.2.2 to replace any product that is defective; or 5.2.3 to refund to you the amount paid by you for the Scenar in question.
5.3 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) by reason of any breach or non-performance of our obligations under this agreement and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the Scenar in question under clause 5.2 above.
5.4 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have under applicable local law or other statutory rights that may not be excluded.
5.5 You are solely responsible for ensuring compliance with all relevant regulations and legislation relating to the ownership and use of a Scenar. You will indemnify us and hold us harmless against any liability we suffer as a result of any act or omission by you in breach of this clause.
6.1 Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at info (at Portland House. Offington Drive, Worthing, West Sussex, BN14 9PN and all notices from us to you will be displayed on the www.PianGenie.net website from time to time.
6.2 It is your responsibility to regularly revisit the website to check for any notices which may have been posted on it.
7. Events beyond our control
We shall have no liability to you for any failure to provide the Scenar you have ordered or any delay in doing so or for any damage or defect to the Scenar provided that is caused by any event or circumstances beyond our reasonable control including, without limitation, acts of god, strike, lock-outs, and other industrial disputes and breakdown of systems or network access.
If any part of these terms and conditions is unenforceable (including any provision in which we exclude or limit our liability to you) the enforceability of any other part of these conditions will not be affected.
10. Third party rights
10.1 Except for our affiliates, directors, employees, or representatives and except as provided in this agreement, a person who is not a party to this agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
10.2 This agreement and all rights under it may be assigned or transferred by us.
11. Governing law
The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have non-exclusive jurisdiction to resolve any disputes between us.
12. Entire Agreement
13. Acceptable Usage Policy
The following policy is intended to be a guideline as to our acceptable usage policy and is not intended to be exhaustive. We reserve the right at all times to protect our reputation and goodwill.
13.1 You must not use the Scenar or allow anyone else to do so in contravention of the following clauses:
a. To commit or encourage a criminal offence;
b Hack into or disrupt any aspect of the Scenar;
c Send any unsolicited advertising or other promotional material, in relation to the Scenar, commonly referred to as "spam" by email or by any other electronic means, and you must not post articles of a commercial nature to newsgroups which are inappropriate to the subject of the article.
13.2 You are responsible for maintaining the confidentiality of your username and the password ('the Access Code') assigned to you on registration. As a result you are fully responsible for all acts or omissions which are caused or omitted during any access of the www.paingenie.com website when using the Access Code, whether or not the Access Code has been used unlawfully by a third party. You must notify us immediately if you become aware of any unauthorised use of your username and password.
13.3 If any of the above conditions are breached, we reserve the right to immediately terminate your access to the website without compensation in addition to any other rights reserved pursuant to clause 1.3 g) or any other clause of these terms and conditions.
Reseller, Distributor and referrer commissions are not payable for special offer products, promotions or discounts.
Commissions are only payable after the 28 day money back guarantee has elapsed.
15. Errors and omissions excluded (E & O.E)
16. Members Area
By accessing the membership area, you agree to the following:
i) you will not divulge your membership details to any other person or organisation.
ii) by using the membership area you agree that you have already used the device to achieve pain relief and are using it to further your knowledge.
iii) all video content is subject to copyright, is protected and must not be copied from this website. This content is not available on youtube or other video sites.
iv) we reserve the right to cancel membership should these terms be breached.
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