Terms and Conditions
Lianedge

Effective Date: 26.09.2024

1. Introduction

This document outlines the Terms and Conditions (hereafter referred to as "Terms") governing the provision of advertising, software, and other services listed on Lianedge's official website, lianedge.com (the "Site").

These Terms cover your use of the Site, our Services, and any products offered by Lianedge, whether accessed through the Site or via direct communication with us (e.g., email or online contact forms).

By using the Site, engaging with our Services, using products provided by Lianedge, or contacting us, you signify your agreement to these Terms and our Privacy Policy. If you disagree with either these Terms or the Privacy Policy, please refrain from using our Site and/or Services.

2. Definitions

For the purposes of these Terms and our Services, the following definitions apply:

  • Company: Refers to Lianedge Limited, company code 15810823.
  • Services: The digital marketing and IT services provided by the Company as described on our Website.
  • Terms: This document, outlining the conditions for using Lianedge's services.
  • User, You: An individual or entity accessing and interacting with our digital marketing services or websites.
  • Site: Refers to Lianedge's website at lianedge.com.
  • Ad Impressions: The number of times an advertisement is shown to users.
  • A/B Testing: A technique for evaluating two versions of a web page or content to determine superior performance.
  • Content: Any textual, visual, audio, graphical, or other media distributed through online marketing channels.
  • CTR (Click-Through Rate): The percentage of users who interact with an ad or link relative to the total number of viewers.
  • Digital Marketing: The practice of promoting products, services, or brands through internet-based channels including websites, social platforms, email, and search engines.
  • Lead Generation: The process of attracting potential customers and collecting their contact details.
  • PPC (Pay-Per-Click): A model where advertisers are charged each time their ad receives a click.
  • ROI (Return on Investment): A metric used to assess the profitability of digital marketing initiatives.
  • SEM (Search Engine Marketing): A form of online advertising where ads appear in search engine results pages.
  • SEO (Search Engine Optimization): The practice of enhancing website content to improve its ranking in search engine results.
  • Social Media Marketing: The utilization of social media networks to promote products or services.
  • Web Development: The process of building and maintaining websites, encompassing coding, design, and content management.
  • Web Design: The service of crafting the visual and user experience aspects of websites, including layout, color schemes, and interface design.
  • Payment System Integration: The implementation of secure payment gateways and methods into websites or applications.
  • E-commerce Website Development: The creation and management of e-commerce platforms for selling products or services online.
  • Custom Software Creation: The design, development, and implementation of customized software solutions tailored to specific business requirements.

3. Eligibility

3.1. Age Requirement: The Website and Company's Services are intended for use by individuals aged 18 years or older. By engaging with the Site or utilizing our Services, you affirm and guarantee that you satisfy this age criterion.

3.2. Legal Capacity: Additionally, you assert and guarantee that you possess the legal capacity to enter into a binding agreement and make use of the Services. Furthermore, you confirm that your utilization of the Services does not contravene any applicable laws or regulations.

4. Scope of Services

4.1. Service Offerings: The Company provides a range of digital marketing and IT services to clients, including but not limited to Search Engine Optimization (SEO), Social Media Marketing, Pay-Per-Click (PPC) Advertising, Targeted Advertising across various platforms like Google, Facebook, and Instagram, Conversion Rate Optimization (CRO), Data-Driven Web Analytics, Google Analytics 4 (GA4) Implementation and Management, Dynamic Remarketing, Content Marketing, Web Design, Website Development, Payment Integration, E-commerce Website Development, Custom Software Development, and Marketing Materials Creation (collectively referred to as the "Services").

4.2. Customization: The Company tailors the scope of its Services to meet the specific needs and objectives of each client. Clients can select from the Company's comprehensive range of Services based on their requirements and goals.

4.3. Updates and Modifications: To ensure its Services remain relevant and effective, the Company reserves the right to update, modify, or expand its range of Services to align with industry best practices, emerging trends, and the evolving needs of its clients.

5. Intellectual Property

5.1. Ownership: All trademarks, trade names, service marks, logos, software, applications, text, images, graphics, data, pricing information, trade details, charts, graphs, and audio-visual content utilized on the Site and in relation to our Services are the property of Lianedge and its respective proprietors. These assets are safeguarded by pertinent intellectual property legislation.

5.2. Acknowledgment: You recognize and consent that Lianedge maintains all rights, title, and interest in its intellectual property. This encompasses, but is not limited to, inventions, ideas, concepts, code, discoveries, processes, marks, methodologies, software, compositions, formulae, techniques, information, and data, regardless of their patentability, copyrightability, or trademark protectability, as well as any trademarks, copyrights, or patents derived therefrom.

5.3. Prohibited Actions: You are expressly prohibited from copying, reproducing, modifying, republishing, uploading, posting, transmitting, scraping, collecting, or distributing any of Lianedge's intellectual property or materials from the Site or Services in any form or by any means, whether manual or automated, without prior written authorization from Lianedge.

5.4. Reverse Engineering: You commit to refraining from reverse engineering, decompiling, disassembling, or otherwise attempting to discern the source code, object code, or underlying structure, ideas, or algorithms of Lianedge's intellectual property. This includes any software, documentation, or data related to the Services, except to the extent that such activity is explicitly permitted by applicable law.

6. Confidentiality

6.1. Definition: Confidential Information refers to any and all data, whether conveyed orally or in written form, and across any medium, that relates to the business or technology of the party disclosing the information and is subsequently shared with the receiving party, including but not limited to engineering documentation, research and development resources, manuals and reports, designs, blueprints, and plans, process flow diagrams, software encompassing both source and object code, program listings, data file printouts, processes and methodologies, lists and pricing details of component parts, product-related information, plans for new products, sales and marketing strategies, specifics related to pricing, lists of customers and associated information, financial data, and employee records and information.

6.2. Exceptions: The following shall not be considered Confidential Information:

  • Information that becomes publicly available through no fault of the receiving party.
  • Information rightfully in the receiving party's possession prior to disclosure.
  • Information obtained by the receiving party from a third party without violating any confidentiality obligation.
  • Information independently developed by the receiving party without using the disclosing party's Confidential Information.

6.3. Return or Destruction: Upon Service termination or at Lianedge's request, you agree to promptly return or destroy all Confidential Information in your possession or control, and provide written certification of such destruction to Lianedge.

6.4. Confidentiality Commitment: Lianedge commits to maintaining the confidentiality of any personal information or data you provide in connection with the Services, except when disclosure is required by law or necessary for Service provision.

7. Restrictions

7.1. Prohibited Activities: You agree to refrain from the following activities in connection with the Site or Services:

  • Modifying, translating, adapting, reverse engineering, disassembling, decompiling, or creating derivative works based on the Site or Services.
  • Removing, altering, or obscuring any proprietary notices, including copyright, trademark, or patent notices.
  • Renting, leasing, lending, selling, sublicensing, assigning, distributing, publishing, transferring, or otherwise making the Site or Services available to third parties.
  • Circumventing or disabling security features or copy protection mechanisms.
  • Interfering with or breaching contractual relationships between Lianedge and its employees.
  • Using the Site or Services for unlawful, harmful, or destructive purposes.
  • Transmitting unsolicited commercial communications, advertisements, spam, or other unsolicited content.
  • Uploading harmful computer codes, viruses, or malicious software.
  • Harvesting email addresses or personal information from the Site or Services.
  • Interfering with or attempting unauthorized access to Lianedge's network services.
  • Suggesting affiliation with Lianedge without prior written permission.
  • Impairing Lianedge's ability to operate the Site or Services, or hindering others' access.
  • Impersonating or misrepresenting affiliation with any person or entity.
  • Uploading content harmful to minors, violating child protection laws, or depicting minors in sexual situations.
  • Transmitting pornographic, violent, obscene, discriminatory, hateful, threatening, abusive, or objectionable content.
  • Harming, threatening, or intimidating others, or promoting unlawful activities.
  • Diluting or depreciating Lianedge's reputation or that of its affiliates.
  • Infringing on third-party intellectual property rights or privacy.
  • Transmitting confidential, proprietary, or trade secret information without authorization.

8. Links to Other Websites

8.1. External Links: The Site may incorporate links to external websites or services not under Lianedge's ownership or control. These links are provided solely for your convenience and informational purposes.

8.2. No Endorsement: Lianedge exercises no control over and accepts no responsibility for the content, privacy policies, or practices of any third-party websites or services. Lianedge does not endorse or make any representations regarding these external websites or services.

8.3. No Liability: You acknowledge and agree that Lianedge shall not be held responsible or liable, either directly or indirectly, for any damage or loss allegedly caused by or in connection with the use of or reliance upon any content, goods, or services available through such third-party websites or services.

8.4. Review Recommendation: Lianedge strongly recommends that you carefully review the terms and conditions and privacy policies of any third-party websites or services you visit or utilize.

9. Non-Disparagement

9.1. Commitment: You commit to refraining from disparaging, slandering, defaming, or making any false or misleading statements about Lianedge, its products, services, employees, officers, directors, owners, or representatives, whether directly or indirectly.

9.2. Applicable Channels: This non-disparagement obligation extends to all forms of communication, including but not limited to:

  • Verbal statements
  • Written materials
  • Online forums
  • Social media platforms
  • Reviews
  • Any other public or private communications

9.3. Duration: The non-disparagement clause remains in effect throughout your use of the Services and continues indefinitely after the termination or expiration of your Service use.

9.4. Legal Compliance: This section does not prevent you from making truthful statements or disclosures that are required by applicable law, regulation, or legal process.

10. Reliance on Information

10.1. General Information: The content presented on the Site or in connection with our Services is provided solely for general informational purposes. This information should not be considered a substitute for professional advice or services, nor should it be relied upon as such.

10.2. No Warranty: Lianedge does not guarantee the accuracy, completeness, timeliness, or usefulness of any information provided on the Site or in relation to our Services. All such information is provided on an "as is" basis without any form of warranty.

10.3. User Discretion: Your use of and reliance on any information provided on the Site or through our Services is entirely at your own discretion and risk. Lianedge shall not be held liable for any errors, inaccuracies, omissions, or delays in the information, or for any actions taken based on this information.

10.4. Disclaimer: Lianedge explicitly disclaims all warranties, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement, regarding the information provided on the Site or through our Services.

11. Warranties

11.1. As Is and As Available: THE SERVICES AND THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Lianedge EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

  • IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT;
  • ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SERVICES AND THE SITE;
  • ANY WARRANTIES REGARDING THE AVAILABILITY OR QUALITY OF ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE SERVICES OR THE SITE;
  • ANY WARRANTIES REGARDING ANY INFORMATION OR ADVICE OBTAINED THROUGH OR ADVERTISED ON THE SERVICES OR THE SITE;
  • ANY WARRANTIES REGARDING THE CORRECTION OF DEFECTS OR ERRORS IN THE SERVICES OR THE SITE;
  • ANY WARRANTIES REGARDING THE INTEROPERABILITY OF THE SERVICES OR THE SITE WITH ANY OTHER SYSTEM OR DEVICE.

12. Limitation of Liability

12.1. Limitation: TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, Lianedge SHALL NOT BE HELD LIABLE FOR ANY:

  • Indirect, incidental, special, consequential, or punitive damages
  • Loss of profits, revenues, data, use, goodwill, or other intangible losses
WHETHER INCURRED DIRECTLY OR INDIRECTLY, ARISING FROM OR RELATED TO:
  • Your access to, use of, or inability to access or use the Services;
  • Any third-party conduct or content on the Services, including but not limited to defamatory, offensive, or illegal conduct of other users or third parties;
  • Any content obtained through the Services;
  • Unauthorized access, use, or alteration of your transmissions or content.

12.2. Liability Cap: UNDER NO CIRCUMSTANCES SHALL LIANEDGE'S TOTAL LIABILITY EXCEED THE GREATER OF:

  • One hundred United States dollars (US $100.00), or
  • The amount you have paid to Lianedge for the Services in the six months preceding the claim.

12.3. Legal Theories: THESE LIMITATIONS APPLY REGARDLESS OF THE LEGAL THEORY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. THEY REMAIN IN EFFECT EVEN IF LIANEDGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF ANY REMEDY PROVIDED HEREIN FAILS TO ACHIEVE ITS ESSENTIAL PURPOSE.

13. Indemnification

13.1. Indemnification: You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with your use of the Website or the Company's Services, your User Content, or your violation of these Terms.

14. Termination

14.1. Termination Rights: The Company reserves the right, in its sole discretion, to terminate or suspend your access to the Website and Services, or any part thereof, at any time and for any reason, with or without notice.

14.2. Consequences of Termination: Upon termination, your right to use the Website and Services shall immediately cease, and you shall immediately destroy any copies of the Company's intellectual property or Confidential Information in your possession or control.

15. Assignment

15.1. Company's Rights: The Company may assign its rights and obligations under these Terms of Use to any third party at any time without your consent.

15.2. User's Rights: You may not assign or transfer your rights or obligations under these Terms of Use to any third party without the Company's prior written consent.

16. Governing Law and Jurisdiction

16.1. Governing Law: These Terms of Use and your use of the Website and Services shall be governed by and construed in accordance with the laws of the United Kingdom, without giving effect to any principles of conflicts of law.

16.2. Jurisdiction: Any legal action or proceeding relating to these Terms of Use or your use of the Website or Services shall be brought exclusively in the courts located in the United Kingdom, and you hereby irrevocably consent to the personal jurisdiction of such courts.

17. Force Majeure

17.1. Definition: Force majeure refers to any unforeseeable and uncontrollable event that prevents the company from fulfilling its obligations under this agreement. Examples of such events include, but are not limited to, natural disasters (such as earthquakes, hurricanes, or floods), wars, riots, strikes, or governmental actions.

17.2. Relief from Obligations: In the event of a force majeure, the company will be relieved of its obligations to provide services to the user for the duration of the event. The company will make reasonable efforts to resume services as soon as possible after the event has ended.

17.3. Notification: The company will notify the user of a force majeure event as soon as reasonably possible. The notice will include a description of the event and an estimate of the expected duration of the disruption to services.

17.4. Termination Rights: If a force majeure event continues for an extended period of time (e.g., 30 days or more), the user may have the right to terminate this agreement. The user must provide written notice of their intention to terminate, and the termination will be effective upon receipt of the notice by the company.

18. Severability

18.1. Definition: Severability is a legal concept that allows for the enforcement of an agreement even if one or more of its clauses are found to be invalid or unenforceable.

18.2. Effect of Invalid Clauses: If a court of law finds a particular clause of this agreement to be invalid or unenforceable, the remainder of the agreement will continue in full force and effect. The invalid or unenforceable clause will be deemed to be deleted from the agreement.

18.3. Modification: If the deletion of an invalid or unenforceable clause would result in a material change to the agreement, the company may, at its discretion, modify the agreement to achieve the original intent of the parties.

19. Changes to Terms

19.1. Modification Rights: The company reserves the right to modify or update the terms of this agreement at any time. The user will be bound by any such changes and should therefore review the terms regularly.

19.2. Notification: The company will notify the user of material changes to the terms of this agreement. The notice may be provided by email, through a notice on the company's website, or by any other reasonable means.

19.3. Acceptance: The user will have an opportunity to review and accept the new terms of the agreement. If the user does not accept the new terms, they may be unable to continue using the company's services.

20. Final Provisions

20.1. Effective Date: This agreement will be effective as of the date it is accepted by the user. It will remain in effect until terminated by either party in accordance with the terms hereof.

20.2. Termination: Either party may terminate this agreement at any time, with or without cause, by providing written notice to the other party. The termination will be effective upon receipt of the notice by the other party.

20.3. Contact Information: The user may contact the company with any questions or concerns regarding this agreement or the company's services. The company's contact information is as follows: legal@lianedgeltd.com.