TERMS & CONDITIONS OF USE

Introduction

These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and Winston Marriot Ltd, the owner of www.pondesk.com and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.

In these terms and conditions, User or Users means any third party that accesses the Website and is not either (i) employed by Winston Marriot Ltd and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Winston Marriot Ltd and accessing the Website in connection with the provision of such services.

You must be at least 18 years of age to use this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.

Intellectual Property and Acceptable Use

1. All Content included on the Website, unless uploaded by Users, is the property of Winston Marriot Ltd, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner's prior written permission 

2. You may, for your own personal, non-commercial use only, do the following:

1. retrieve, display and view the Content on a computer screen

2. download and store the Content in electronic form on a disk (but not on any server or other storage device connected to a network)

3. You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of Winston Marriot Ltd.

Prohibited Use

4. You may not use the Website for any of the following purposes:

1. in any way which causes, or may cause, damage to the Website or interferes with any other person's use or enjoyment of the Website;

2. in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;

3. making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.

Registration

5. You must ensure that the details provided by you on registration or at any time are correct and complete.

6. You must inform us immediately of any changes to the information that you provide when registering by updating your personal details to ensure we can communicate with you effectively.

7. We may suspend or cancel your registration with immediate effect for any reasonable purposes or if you breach these terms and conditions.

8. You may cancel your registration at any time by informing us in writing to the address at the end of these terms and conditions. If you do so, you must immediately stop using the Website. Cancellation or suspension of your registration does not affect any statutory rights.

Password and Security

9. When you register on this Website, you will be asked to create a password, which you should keep confidential and not disclose or share with anyone.

10. If we have reason to believe that there is or is likely to be any misuse of the Website or breach of security, we may require you to change your password or suspend your account.

Privacy Policy and Cookies Policy

11. Use of the Website is also governed by our Privacy Policy and Cookies Policy, which are incorporated into these terms and conditions by this reference. To view the Privacy Policy and Cookies Policy, please click on the following: https://www.pondesk.com/privacypolicy and https://www.pondesk.com/cookies-policy.

Availability of the Website and Disclaimers

12. Any online facilities, tools, services or information that Winston Marriot Ltd makes available through the Website (the Service) is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Winston Marriot Ltd is under no obligation to update information on the Website. 

13. Whilst Winston Marriot Ltd uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.

14. Winston Marriot Ltd accepts no liability for any disruption or non-availability of the Website.

15. Winston Marriot Ltd reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.

Limitation of Liability

16. Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.

17. We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.

18. To the maximum extent permitted by law, Winston Marriot Ltd accepts no liability for any of the following:

1. any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;

2. loss or corruption of any data, database or software;

3. any special, indirect or consequential loss or damage.

General

19. You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.

20. These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.

21. These terms and conditions together with the Privacy Policy and Cookies Policy contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.

22. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.

23. If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.

24. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.

25. This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.

Winston Marriot Ltd Details

26. Winston Marriot Ltd is a company incorporated in England and Wales with registered number 09111626, whose registered address is Space Business Center, unit 42 Smeaton Close, Bucks, HP19 8FJ and it operates the Website https://www.pondesk.com. The registered VAT number is 210651161.

You can contact Winston Marriot Ltd by email on [email protected]

Modification Of These Terms Of Use

Pondesk.com reserves the right to change the terms, conditions, and notices under which the Pondesk.com Web Site is offered, including but not limited to the charges associated with the use of the Pondesk.com Web Site.

Links To Third Party Sites

The Pondesk.com Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of Pondesk.com and Pondesk.com is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Pondesk.com is not responsible for webcasting or any other form of transmission received from any Linked Site. Pondesk.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Pondesk.com of the site or any association with its operators.

Return Policy

Winston Marriot Ltd. offers refund and return of all products which are being sold by any of our group of websites. The detailed description of all these policies and procedures sold through Pondesk.com are as follows.

An exchange or refund policy within 30 days is offered by Winston Marriot Ltd only if the items are sent back in the original condition and packaging with the proof of purchase. The warranty/guarantee time period may vary with product due to the product's design, expected usage or by manufacturer itself. The warranty applies from the date of purchase by the customer so please keep your proof of purchase with you during the warranty period.

Warranty

You must register your product for warranty claim online. Some of the products are under the manufacturer's warranty and will only be valid if the warranty card provided within the product package is filled at the time of purchase. You will also need to present the original proof of purchase consisting of original invoice or sales slip indicating the date of purchase. Any photocopies will not be accepted. So please keep all the related slips/invoices with you. Winston Marriot Ltd. reserves the right to refuse the warranty if any of the information is missing, removed or altered after the original purchase from any of websites operated by Winston Marriot Ltd.

Under any circumstances, the warranty period under these terms of warranty in case of a repair or replacement will not be extended or renewed.

Repair or direct replacement of the product under the terms of this warranty may be fulfilled with functionally equivalent service exchange units.

The warranty is only applicable to defects in material, workmanship and design. The warranty is not valid for all other cases.

Please inform us about any fault or problem with the products by email at [email protected] before sending them back. Items directly collected from the office, Aylesbury Space Business Centre, Unit 42 - Smeaton Close, Aylesbury, Buckinghamshire, HP19 8FJ or home delivered must be returned in original packaging with your original proof of purchase which could be your sales invoice, confirmation email and/or online order number) to the office address mentioned above.

Returns labels are also offered by Winston Marriot Ltd. In order to arrange a free exchange or collection simply send us an email at [email protected] or call us at +44 1296 925854.

Before considering to return the product in case of being in a confusion for assembling or setting it up, please contact our support team at [email protected]. They will give you easy installation guidance, send you links for our quick and easy guides, videos and/or manuals. You can also find support for each product on the webpage as well. Our 30 days' money back guarantee does not have an effect on your statutory rights, especially your right to return the items under the Consumer Contracts (Information, additional charges and cancellation) Regulations.

Consumer Contracts (Information, Additional Charges And Cancellation) Regulations

The consumers have the right to cancel their order for any item purchased on Pondesk.com for a full refund under the Consumer Contracts (Information, additional charges and cancellation). This does not apply to:

1. Items already reserved for collection from delivery office/store/warehouse to be paid for on collection
2. Goods and services whose prices depend on financial market fluctuations and not controllable by the trader.
3. Items or orders which are customised according to the customer's specifications and requirements or clearly personalised.
4. Products and articles which becomes or turn out to be mixed inseparably (in accordance with their nature) with other items after being delivered.

It does not apply for goods purchased for business use, for showrooms, fair or exhibitions etc. Goods may be opened for visual inspection but must not be used and must be returnable with both the product and the original packaging in-tact and undamaged. Removal of protective coverings and other physical damage may result in rejection for replacement or refund.

Cancelling an Order

In order to cancel an order please call +44 1296 925854 or email us at [email protected]. You can also write to us at the following address

Winston Marriot Ltd. Aylesbury Space Business Centre, Unit 42 - Smeaton Close, Aylesbury, Buckinghamshire, HP19 8FJ United Kingdom

The cancellation could be done anytime within the 14 days' time period from the date of purchase or placing the order.

Please make sure the products are unused, brand new and in original packaging and condition. Winston Marriot Ltd. reserves the right to deduct any relevant charges from the refund in account for any loss in value of the items/goods supplied, if the loss is a consequence of handling failure or negligence by you.

Please make sure while cancelling the order that you clearly state that the cancellation is under the Consumer Contracts (Information, additional charges and cancellation) Regulations.