1. Definitions and Interpretation
“Account” means an account opened through this Site by a User who is wishes to apply to become a Distributor and which gives access and/or the use of certain areas of this Site, as detailed in Clause 4;
“Content” means any and all text, images, messages, audio, video, photographs, artwork, drawings, scripts, code, software, databases and any other form of information or materials capable of being stored on a computer that appears on, or forms part of, this Site
“Distributor” means a user of this Site who has applied to be and has been approved by Longrich to be a distributor of Longrich products subject to the terms of the Longrich Distributor Agreement;
“User Content” means any content submitted to this Site by users of this Site;
“Longrich Distributor Agreement” means the ‘Longrich Distributor Agreement’ that is to be found on this Site and sets out the terms on which a person acts as a Distributor;
means Longrich International (UK) Ltd, a company registered in England under11058419, whose registered address is 1 Wolston Meadow, Middleton, Milton Keynes, Buckinghamshire, England, MK10 9AY;
“you”, “your” means a User including a Distributor;
2. Information About Longrich
2.1 This Site is owned and operated by Longrich.
3. Access to this Site
3.1 Access to this Site is free of charge.
3.2 It is your responsibility to make any and all arrangements necessary in order to access this Site.
3.3 Access to this Site is provided “as is” and on an “as available” basis.
3.4 Longrich may alter, suspend or discontinue this Site (or any part of it) at any time and without notice.
3.5 Longrich will not be liable to you in any way if this Site (or any part of it) becomes is unavailable at any time for any period for any reason.
4.1 Certain parts of this Site require an Account in order to access them. This includes parts of this Site that are reserved for Distributors.
4.2 When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept fully up to date. Longrich requires that you use a strong password for your Account, consisting of a combination of upper and lower case letters, numbers and symbols
4.3 An Account can be opened in a minor’s name in so far as the parents/guardian/carer open the account using their own bank details for this purpose].The parent or guardian guarantees to Longrich that the child shall observe and carry out the obligations in this agreement. In the event that the child fails to carry out obligations, the parent or guardian shall promptly observe and perform the obligations on behalf of the child where possible. The parent or guardians shall indemnify Longrich against any loss caused to them as a result.
4.4 It is your responsibility to keep your password safe. You must not share your Account details with anyone else.
4.5 If you believe your Account is being used without your permission, please contact Longrich immediately. Longrich shall not be liable for any unauthorised use of your Account.
4.6 You must not use anyone else’s Account without the express permission of the User to whom the Account belongs.
4.7 Any personal information provided in your Account will be collected, used, and held in accordance with your rights and Longrich’s obligations under the law, as set out in Clause 17.
4.8 If you wish to close your Account, you may do so at any time. Closing your Account will result in the removal of your information. Closing your Account will also remove access to any areas of this Site requiring an Account for access.
5. Intellectual Property Rights
5.1 With the exception of User Content (see Clause 6), all Content included on this Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Longrich. All Content (including User Content) is protected by applicable United Kingdom and international intellectual property laws and treaties.
5.2 Subject to sub-Clauses 5.3 and 5.6 you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from this Site unless given express written permission to do so by Longrich.
5.3 You may:
5.3.1 Access, view and use this Site in a web browser (including any web browsing capability built into other types of software or app);
5.3.2 Download this Site(or any part of it) for caching;
5.3.3 Print one copy of any page(s) from this Site;
5.3.4 Download extracts from pages on this Site; and
5.3.5 Save pages from this Site for later and/or offline viewing.
5.4 Longrich’s status as the owner and author of the Content on this Site(or that of identified licensors, as appropriate) must always be acknowledged.
5.5 You may not use any Content printed, saved or downloaded from this Site for commercial purposes without first obtaining a licence from Longrich (or our licensors, as appropriate) to do so. This does not prohibit the normal access, viewing and use of this Site for general information purposes whether by business users or consumers.
6. User Content
6.1 User Content on this Site includes name, contact details, product reviews, personal stories and testimonials and other personal information as may be required from time to time to transact business with Longrich.
6.2 An Account is required if you wish to submit User Content for the purposes of applying to become a Distributor. Please refer to Clause 4 for more information.
6.3 You agree that you will be solely responsible for your User Content. Specifically, you agree, represent and warrant that you have the right to submit the User Content and that all such User Content will comply with the Acceptable Usage Policy, detailed below in Clause 12.
6.4 You agree that you will be liable to Longrich and will, to the fullest extent permissible by law, indemnify Longrich for any breach of the warranties given by you under sub-Clause 6.3. You will be responsible for any loss or damage suffered by Longrich as a result of such breach.
6.5 You (or your licensors, as appropriate) retain ownership of your User Content and all intellectual property rights subsisting therein. When you submit User Content you grant Longrich an unconditional, non-exclusive, fully transferrable, royalty-free, perpetual, irrevocable, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence your User Content for the purposes of operating and promoting this Site. In addition, you also grant other Distributors the right to copy and quote your User Content within this Site.
6.6 If you wish to remove your User Content from this Site, the User Content in question will be deleted. Please note, however, that caching or references to your User Content may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Longrich’s reasonable control).
6.7 Longrich may reject, reclassify, or remove any User Content from this Site where, in Longrich sole opinion, it violates the Acceptable Usage Policy, or if Longrich receives a complaint from a third party and determines that the User Content in question should be removed as a result.
7. Links to this Site
7.1 You may link to this Site provided that:
7.1.1 You do so in a fair and legal manner;
7.1.2 You do not do so in a manner that suggests any form of association, endorsement or approval on Longrich’s part where none exists;
7.1.3 You do not use any logos or trademarks displayed on this Site without Longrich’s express prior written permission; and
7.1.4 You do not do so in a way that is calculated to damage Longrich’s reputation or to take unfair advantage of it.
7.2 You may not link to any page other than the homepage of this Site www.longrichinternational.co.uk. Deep linking to other pages requires Longrich’s express prior written permission. Please contact Longrich for further information.
7.3 Framing or embedding of this Site on other websites is not permitted without Longrich’s express prior written permission. Please contact Longrich for further information.
7.4 You may not link to this Site from any other website the main content of which contains material that:
7.4.1 is sexually explicit;
7.4.2 is obscene, deliberately offensive, hateful or otherwise inflammatory;
7.4.3 promotes violence;
7.4.4 Promotes or assists in any form of unlawful activity;
7.4.5 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation, or age;
7.4.6 is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
7.4.7 is calculated or is otherwise likely to deceive another person;
7.4.8 is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
7.4.9 misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 7.4);
7.4.10 implies any form of affiliation with Longrich where none exists;
7.4.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trademarks and database rights) of any other party; or
7.4.12 is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
8. Links to Other Sites
Links to other websites may be included on this Site. Unless expressly stated, these websites are not under Longrich’s control. Longrich neither assumes nor accepts responsibility or liability for the content of any third-party websites. The inclusion of a link to another website on this Site is for information only and does not imply any endorsement of the websites themselves or of those in control of them.
9.1 Nothing on this Site constitutes advice (professional or otherwise) on which you should or may rely. It is provided for general information purposes only.
9.2 Insofar as is permitted by law, Longrich makes no representation, warranty, or guarantee that this Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
9.3 Longrich makes reasonable efforts to ensure that the Content on this Site is complete, accurate, and up to date. Longrich does not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date. Please note that this exception does not apply to information concerning any goods that may be for sale through this Site.
9.4 Longrich is not responsible for the content or accuracy, or for any opinions, views, or values expressed in User Content. Any such opinions, views, or values are those of the relevant Distributor and do not reflect Longrich’s opinions, views, or values in any way.
10. Longrich’s Liability
10.1 The provisions of this Clause 10 apply only to the use of this Site.
10.2 To the fullest extent permissible by law, Longrich accepts no liability to any Distributor or user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) this Site or the use of or reliance upon any Content (including User Content) included on this Site.
10.3 To the fullest extent permissible by law, Longrich excludes all representations, warranties, and guarantees (whether express or implied) that may apply to this Site or any Content included on this Site.
10.4 If you are a business user, Longrich accepts no liability for loss of profits, sales, business or revenue, loss of business opportunity, goodwill or reputation, loss of anticipated savings, business interruption or for any indirect or consequential loss or damage.
10.5 Longrich exercises all reasonable skill and care to ensure that this Site is free from viruses and other malware. However, subject to sub-Clause 9.2, Longrich accepts no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of this Site (including the downloading of any Content from it) or any other site referred to on this Site.
10.6 Longrich neither assumes nor accepts responsibility or liability arising out of any disruption or non-availability of this Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
11. Viruses, Malware and Security
11.1 Longrich exercises all reasonable skill and care to ensure that this Site is secure and free from viruses and other malware.
11.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
11.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via this Site.
11.4 You must not attempt to gain unauthorised access to any part of this Site, the server on which this Site is stored, or any other server, computer, or database connected to this Site.
11.5 You must not attack this Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
11.6 By breaching the provisions of sub-Clauses 11.3 to 11.5, you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and Longrich will cooperate fully with those authorities by disclosing your identity to them. Your right to use this Site will cease immediately in the event of such a breach.
12. Acceptable Usage Policy
12.1 You may only use this Site in a manner that is lawful and that complies with the provisions of this Clause 12. Specifically:
12.1.1 You must ensure that you comply fully with any and all local, national or international laws and/or regulations;
12.1.2 You must not use this Site in any way, or for any purpose, that is unlawful or fraudulent;
12.1.3 You must not use this Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
12.1.4 You must not use this Site in anyway, or for any purpose, that is intended to harm any person or persons in any way.
12.2 When submitting User Content (or communicating in any other way using this Site), you must not submit, communicate or otherwise do anything that:
12.2.1 is sexually explicit;
12.2.2 is obscene, deliberately offensive, hateful or otherwise inflammatory;
12.2.3 promotes violence;
12.2.4 promotes or assists in any form of unlawful activity;
12.2.5 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation or age;
12.2.6 is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
12.2.7 is calculated or is otherwise likely to deceive;
12.2.8 is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;
12.2.9 misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 12.2);
12.2.10 implies any form of affiliation with Longrich where none exists;
12.2.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trademarks and database rights) of any other party; or
12.2.12 Is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
12.3.1 Suspend, whether temporarily or permanently, your Account and/or your right to access this Site;
12.3.2 Remove any User Content submitted by you that violates this Acceptable Usage Policy;
12.3.3 Issue you with a written warning;
12.3.4 Take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
12.3.5 Take further legal action against you as appropriate;
12.3.6 Disclose such information to law enforcement authorities as required or as Longrich deem reasonably necessary; and/or
12.3.7 Any other actions which Longrich deems reasonably appropriate (and lawful).
13. Privacy and Cookies
16. Communications from Longrich
16.2 Longrich will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out or unsubscribe at any time. Any and all marketing emails sent by Longrich will include an unsubscribe link. If you opt out of receiving marketing emails from us at any time. Please allow up to 5 business days for Longrich to comply with your request. During that time, you may continue to receive emails from Longrich.
16.3 For questions or complaints about communications from Longrich (including, but not limited to marketing emails), please contact Longrich at firstname.lastname@example.org
17. Data Protection
17.1 All personal information that Longrich may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
18. Law and Jurisdiction
18.1 These Terms and Conditions, and the relationship between you and Longrich (whether contractual or otherwise) shall be governed by and construed in accordance with the law of England & Wales.
18.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 18.1 above takes away or reduces your rights as a consumer to rely on those provisions.
18.3 If you are a consumer, any dispute, controversy, proceedings or claim between you and Longrich relating to these Terms and Conditions, or the relationship between you and Longrich (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England and Wales.
18.4 If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Longrich, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.