Terms & Conditions
Rishvi Ltd encourages their customers and prospective customers to become familiar with these terms and conditions before proceeding to order products or services from us. Your Order constitutes an offer to purchase Services in accordance with this Agreement.
By visiting web-sites belonging to Rishvi Ltd, or by ordering any products or services from them, you agree to be bound by the Terms and Conditions outlined below. Rishvi Ltd Ltd reserves the right to change these terms at any time.
You are encouraged to check back on our Terms and Conditions from time to time to be well-informed of any changes.
This document is copyright (c) Rishvi Ltd, 2018.
Last updated: 08/06/18
This Agreement applies to, but is not limited to:
- Custom design of Websites, Logos and Webstores
- Data Management Services
- Search Engine Optimisation Services
- Shared and Dedicated Hosting Services
- Marketing Services
- Reselling & Implementation of 3rd party software
- Support Services
- Point of Sale and Business process software
1.1 “Agreement” means this Service Agreement.
1.2 “Customer” means any individual or entity who accepts this Agreement, has access to your account or uses the Services. Also referred to as “you”, “your” or “user”.
1.3 “Rishvi Ltd” means Rishvi Ltd Limited, a company registered in England and Wales under Company Number 08347225, UK, its affiliates and subsidiaries and their respective directors, officers, employees and agents. Also referred to as “we”, “us “or “our”.
1.4 “Order” means the Customer’s acceptance of the Rishvi Ltd’s quotation for goods or Services.
1.5 “Services” means any or all the Services listed in the description of services section.
1.6 “User Content” means content provided by you to be presented and published as part of your Services.
2.1 Your access to and use of the Services are conditional upon your acceptance of, and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Services.
2.2 By accessing or using the Services, you agree to be bound by these terms. If you disagree with any part of the terms then you must not access the website or use the services provided by Rishvi Ltd.
2.3 The Services are available only to users who can form legally binding contracts under applicable law. By using the Services, you represent and warrant that you are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law, and (iii) are not a person barred from purchasing or receiving the Services.
2.4 If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms “you”, “your”, “User” or “customer” shall refer to such corporate entity. If, after your electronic acceptance of this Agreement, Rishvi Ltd finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the payment obligations.
2.5 Rishvi Ltd shall not be liable for any loss or damage resulting from Rishvi Ltd’s reliance on any instruction, notice, document or communication reasonably believed by Rishvi Ltd to be genuine and originating from an authorised representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, Rishvi Ltd reserves the right (but undertakes no duty) to require additional authentication from you. You further agree to be bound by the terms of this Agreement for transactions entered into by you, anyone acting as your agent and anyone who uses your account or the Services, whether or not authorised by you.
2.6Your electronic acceptance of the terms of the invoice provided by Rishvi Ltd and your use of Rishvi Ltd’s Services signifies that you have read, understood, acknowledged, accepted and agreed to be bound by this Agreement.
2.7We may, in our sole and absolute discretion, change or modify this Agreement and any policies or agreements which are incorporated herein at any time, and such changes or modifications shall be effective immediately. Your use of the Services after such changes or modifications shall constitute your acceptance of this Agreement as last revised.
3.1 Rishvi Ltd will provide you with an invoice by email to confirm the Services we will provide you, and the fees for your Services.
3.2 You agree to pay any and all prices and fees due for Services purchased or obtained in advance or within five (5) working days of your order of the Services or as set out in the invoice and Prior Agreed as per the proposal.
(d) Rishvi Ltd makes no representations or warranties about the Linnworks software offered in connection with the Services, and expressly disclaims any liability or responsibility regarding the same.
(e) When using Linnworks, you acknowledge and agree to Linn Systems Limited’s Terms and Conditions located at http://linnworks.com/Doc/linn_systems_terms_conditions and which are incorporated by reference herein.
7.1 “User Content” means content provided to us by you to be presented and published as part of the Services to include but not limited to photographs and graphics, audio, video, written content and prose, and logos and graphical elements.
7.2 By posting or publishing ‘User Content’ you represent and warrant to Rishvi Ltd that
(a) the User Content does not violate the rights of any third party.
(b) you grant Rishvi Ltd a worldwide, irrevocable, non-exclusive and royalty free license to use, update, reproduce, publish, store, and adapt your content in regards to the services we provide you. With permission, we may use this content on this website, or as part of promotional content.
7.3 You shall be solely responsible for any and all of your User Content or User Content that is submitted through your account, and the consequences of, and requirements for, distributing it.
7.4 Rishvi Ltd reserves the right (but undertakes no duty) to decide whether any item of User Content is appropriate and/or complies with this Agreement. Rishvi Ltd may remove any item of User Content posted to a website hosted by Rishvi Ltd and/or terminate a user’s access to the Services for posting or publishing any material in violation of this Agreement, or for otherwise violating this Agreement (as determined by Rishvi Ltd in its sole and absolute discretion), at any time and without prior notice.
7.5 Rishvi Ltd may also terminate a user’s access to the Services if Rishvi Ltd has reason to believe the user is a repeat offender. If Rishvi Ltd terminates your access to the Services, Rishvi Ltd may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.
7.6 If you have a website or other content hosted by Rishvi Ltd, you shall retain all of your ownership or licensed rights in User Content.
7.7 By posting or publishing User Content through the Services, you authorise Rishvi Ltd to use the intellectual property and other proprietary rights in and to your User Content to enable inclusion and use of the User Content in the manner contemplated by this Agreement.
7.8 You hereby grant Rishvi Ltd a worldwide, non-exclusive, royalty-free, sub licensable (through multiple tiers), and transferable license to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content in connection with the Services and Rishvi Ltd’s business, including without limitation for promoting and redistributing all or part in any media formats and through any media channels without restrictions of any kind and without payment or other consideration of any kind, or permission or notification, to you or any third party except where stated otherwise in an agreement.
7.9 You also hereby grant each user of these Services a non-exclusive license to access your User Content (with the exception of User Content that you designate “private” or “password protected”) through the Services, and to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content as permitted through the functionality of the Services and under this Agreement.
7.10 The above licenses granted by you in your User Content terminate within a commercially reasonable time after you remove or delete your User Content.
7.11 You understand and agree, however, that Rishvi Ltd may retain (but not distribute, display, or perform) server copies of your User Content that have been removed or deleted. The above licenses granted by you in your User Content are perpetual and irrevocable. Notwithstanding anything to the contrary contained herein, Rishvi Ltd shall not use any User Content that has been designated “private” or “password protected” by you for the purpose of promoting Rishvi Ltd except where stated otherwise in an agreement.
7.12 You agree not to circumvent, disable or otherwise interfere with the security-related features of the Services (including without limitation those features that prevent or restrict use or copying of any Rishvi Ltd Content or User Content) or enforce limitations on the use of the Services, the Rishvi Ltd Content or the User Content therein.
7.13 You are responsible for maintaining the security of your account. You are also solely responsible for the activity that occurs on your account, whether authorised by you or not. You must keep your account information and passwords secure. We expressly disclaim any responsibility or liability for any unauthorised use of or access to your account.
7.14 If you are accessing the Services from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your account information) across international boundaries. By agreeing to this Agreement and communicating electronically with us, you consent to such transfers.
10.1 Rishvi Ltd expressly reserves the right to suspend. terminate or deny access to update and change the status/content of the Services at any time without notice if you fail to pay all outstanding fees as per the invoice provided by Rishvi Ltd.
10.2 Rishvi Ltd expressly reserves the right to cancel the Services provided to you if you fail to provide the necessary content and information for the provision of the Services within two (2) weeks of Rishvi Ltd’s request.
10.3 Rishvi Ltd expressly reserves the right to deny, cancel, terminate, suspend, freeze, or modify access to (or control of) any account or Services for any reason (as determined by Rishvi Ltd in its sole and absolute discretion), including but not limited to non-payment, violation of legal statutes, using our services to produce and distribute spam or publishing any material in violation of this Agreement.
10.4 All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, intellectual property, indemnity and limitations of liability.
11.1 In addition, you specifically acknowledge and agree that no oral or written information or advice provided by Rishvi Ltd and/or its third party service providers will be disclosed where it may be commercially sensitive without permission.
11.2 All intellectual property rights in or arising out of or in connection with the Services shall be owned by Rishvi Ltd except where stated otherwise in the agreement.
11.3 You acknowledge that, in respect of any third party intellectual property rights, your use of any such intellectual property rights is conditional on Rishvi Ltd obtaining a written licence from the relevant licensor on such terms as will entitle Rishvi Ltd to license such rights to you.
12.1 You specifically acknowledge and agree that your use of the services shall be at your own risk. These services are provided on an “As is” basis, “As available” and “With all faults”. We disclaim all implied warranties of Title, Merchantability, fitness for a particular purpose or non-infringement, as do our Third party service providers.
12.2 In addition, you specifically acknowledge and agree that no oral or written information or advice provided by Rishvi Ltd and/or its Third party service providers will be disclosed where it may be commercially sensitive without permission.
12.3 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
12.4 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
12.5 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
12.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.
12.7 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
14.1 You agree to protect, defend, indemnify and hold harmless Rishvi Ltd and our third party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, legal fees) imposed upon or incurred by Rishvi Ltd directly or indirectly arising from:
14.2 Your use of the Services;
14.3 Your violation of any provision of this Agreement
14.4 You acknowledge and agree that you will protect, defend, indemnify and hold harmless us from and against any and all claims imposed upon or incurred by us directly or indirectly arising from your use or misuse of any third-party images and/or software. You acknowledge and agree that the providers of the third-party images and/or software are third-party beneficiaries to this Agreement for purposes of enforcing only their rights under this Agreement.
14.5 This clause shall survive any termination or expiration of this Agreement or your use of the development services.
Data Protection & Privacy
15.1 The user and Rishvi Ltd undertake to comply with the provisions of the General Data Protection Register (GDPR), and any applicable Data Protection and Privacy legislation applicable in any jurisdiction in so far as the same relates to the provisions and obligations of this agreement. Rishvi Ltd collects Personal Information when you use our Services, which may also include information about the devices you use to do so.
15.2 It is your sole responsibility to ensure that the Personal Information you provide for use with our services does not infringe the GDPR or applicable legislation regarding the permission to hold and process Personal Information (See 15.3). For the avoidance of doubt, Rishvi Ltd accepts no responsibility whatsoever for any such infringement or alleged infringement.
15.3 The GDPR defines Personal Information as information which is related to, or could directly or indirectly identify an individual or identifiable natural person. This includes, but is not restricted to: Names, addresses, phone numbers, dates of birth, identification numbers, gender, cultural or religious information, IP addresses, device information (MAC Addresses), cookies and advertising identifiers, marketplace logins and IDs, financial information, geo-location information, social media information and preferences. Rishvi Ltd does not consider data that has been anonymised or aggregated to be Personal Information where it no longer can be used to identify a specific natural individual either directly, or in combination with other information.
15.4 Rishvi Ltd holds certain Personal Information about you, as a customer that uses our services. This information (Name, Address, Phone Number, Email Address) is provided when we establish a contract for the provision of goods and/or services, and is held for the purposes of providing those services, including billing for them, visiting you, or posting physical items to you (if required). Other information that you may provide for specific Services or Applications is provided voluntarily as it is necessary to provide the Service(s). The act of paying for the service after being given the opportunity to review these Terms & Conditions is taken as consent to enter into the contract.
15.5 When you enter into a contract with Rishvi Ltd, you are contracting with: Rishvi Ltd Ltd, Stanmore Business & Innovation Centre, Stanmore Place, Honeypot Lane, London, HA7 1BT. We are the Data Controller for the information you provide to us, or the Data Processor where our products or services are using the data you provide to us. We may store the Personal Information you provide on servers based in the UK, or in other countries based on the partners we use for cloud and dedicated server storage, including the US, Eire and India.
15.6 Where we receive Personal Information about you from a 3rd party or partner, we undertake to contact you within thirty (30) days to confirm what data we have been provided, how and why it will be used (Right to be informed).
15.7 All Personal Information that is held by Rishvi Ltd is stored securely and encrypted for the purposes of protecting your privacy. Access is restricted to our own staff excepting where permission is given or implicit in providing a service to you.
15.8 We undertake that we shall not share Personal Information with 3rd parties or partners excepting where required to record financial information (Xero), execute a requested application function (Connections to external systems such as GroupOn, Xero, Amazon), or by specific permission by yourself to execute communication regarding marketing.
15.9 Where we collect payment from you, if that payment is not via direct Bank Transfer, then we do not hold or store any Personal Information relating to payment. This data is instead stored by the payment processor, be it PayPal or another specialist partner.
15.10 Where you do pay us via Bank Transfer, we will have access to Personal Information about the account you use to pay us from those transactions.
15.11 We are based in the UK, and under the provisions of UK Law we must retain data relating to financial transactions for 7 full financial years after the transaction. We will destroy such Personal Information after that point.
15.12 EU citizens’ Personal Information is protected by the GDPR. Should you wish to request details of the Personal Information we hold about you, (Right of Access), a copy of the Personal Information we hold about you (The Right to Portability), or to ask us to clear such Personal Information from our system (Right to Erasure), please contact us at the following email address (Address). We undertake to make reasonable efforts to comply with your request within thirty(30) days.
15.13 Where we hold Personal Information that does not need to be saved for financial purposes, and we have not received a request from you otherwise, we will undertake to delete this Personal Information within one (1) year of you ceasing your implicit contract to provide a service with us – Whether this is by requesting cancellation and service ceasing, ceasing payment and receiving notice of service being ceased by us, or us delivering a requested product and you accepting it as complete.