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Terms & conditions

1. The contract between us

1.1. The Sites, Platform, Apps and associated Services are operated and maintained by Prodigi Group Ltd and its operating companies Prodigi Global Ltd, Prodigi (UK) Ltd, Pwinty Ltd, Prodigi BV, Prodigi USA Inc, Prodigi Platforms Ltd, Peecho BV, Readymades Framing Ltd ("the Company" or "we" or "us"). The Company is registered in the United Kingdom under company number 10844939 with its address at Unit 20, Caker Stream Road, Alton, Hampshire, GU34 2QA, UK.

1.2. Please read these terms and conditions carefully as they set out the rules for how we run our Sites ("Sites") and supply consumer products ("Products") and deliver the features and/or functionality ("Services") offered by the Sites and our API platform ("Platform"). By using any of the Services provided by the Sites or Platform or offered via any associated apps ("Apps") you are agreeing to be bound by these terms and conditions, which together with our Privacy and Cookie Policy, governs our relationship with you in relation to the Site, the Products and our Services. If you disagree with any part of the terms then you may not access the Sites, Platform or Apps. By selecting or confirming the "Accept" button as part of your account creation or sign-up you accept and agree to be bound by these terms and conditions which shall govern the agreement between us.

1.3. We reserve the right to change the contents of this Site, including these terms and conditions at any time without notice, by posting such changes on the Site. It is your responsibility to familiarise yourself with the terms and conditions regularly to ensure that you are aware of any changes. Your continued use of this Site following the posting of any such changes will constitute your acceptance of the revised terms and conditions.

If you do not accept these Terms you may not use our Sites, Platform, Apps or Services.

2. Terms and Conditions

2.1. These terms and conditions govern your use of the product fulfillment service offered via this Site ("Service") and all orders placed by you for products based on the content and imagery advertised on this Site ("Products").

3. Orders

3.1. All orders placed by you through our Site will be subject to these terms and conditions.

3.2. All orders shall be deemed to be an offer by you to purchase the Products. We are under no obligation to accept your order (whether or not the order has been acknowledged).

3.3. We will send you an email to acknowledge receipt of your order; this does not constitute our acceptance of your order. Once payment for the Products has been received, we will confirm that your order has been accepted.

3.4. Our acceptance of your order brings into existence a legally binding contract between us with respect to such order.

3.5. If there are any problems with your order, you will be contacted by a member of the customer services team.

3.6. We offer a branded insert service for eligible Products fulfilled from our in-house manufacturing facilities in the UK, Netherlands, and USA (“Eligible Facilities”). “Branded Inserts” means marketing materials provided by you, such as flyers or promotional cards, which are included in the packaging of Products prior to dispatch.

  • 3.6.1. The branded insert service includes the insertion of Branded Inserts into the packaging of Products before shipment.
  • 3.6.2. The branded insert service is only available for orders fulfilled from Eligible Facilities. Orders shipped from partner or third-party fulfilment centres are not eligible. We reserve the right to determine eligibility at our sole discretion based on fulfilment location.
  • 3.6.3. You are responsible for supplying all Branded Inserts in compliance with our specifications and guidelines. We accept no liability for errors, omissions, or defects in any materials you provide. We reserve the right to reject any Branded Inserts that do not meet our stated requirements.
  • 3.6.4. Pricing for the branded insert service will be as quoted on the Site or otherwise agreed in writing. We reserve the right to revise pricing at any time with reasonable notice.

4. Specifications

4.1. The Company has made every reasonable effort to display on the Site as accurately as possible a description of the Products. However, some slight variations may occur from time to time in relation to the colours and the appearance of the images from the way they appear on screen. Also, sizes and material specifications may slightly vary each time.

5. Price and payment

5.1. The price for the Products that you order will be the price quoted on the Site at the date the order is received.

5.2. Please note that we currently only accept payments in Pound Sterling, US Dollars, and Euros, although additional currencies may be supported from time to time. Occasionally, we may display prices on the Site in currencies other than those accepted for payment; these are provided for illustrative purposes only, and conversion rates shown are approximate. If you purchase Products using a payment card linked to an account denominated in a currency other than those we accept, the conversion rate applied will be determined by your payment provider at the time of transaction processing.

5.3. If you are purchasing Products from within the European Union, including the United Kingdom, prices include VAT and any other applicable taxes. If you are purchasing Products from any other country, including the USA, and you will be responsible for paying any applicable sales, use, excise, value added, consumption and other such taxes (at the then-current rate).

5.4. Prices include delivery, unless otherwise stated on the Site.

5.5. Payments must be made by credit or debit card (please see the relevant part of the Site for a list of those payment cards accepted and method of payment). By submitting a credit or debit card number, you: (a) represent and warrant that your use of the particular card is authorised and that all information that you submit is true and accurate; and (b) authorise us to charge to the card you tendered all amounts payable by you to us based on the Products you order.

5.6. You may be subject to validation checks and/or third party authorisations depending on your method of payment.

5.7. In addition to credit or debit card payments, we also accept payments made via Direct Debit systems, including BACS (UK), ACH (US), and SEPA (EU). By selecting one of these methods, you authorise us to collect payment directly from your designated bank account. All such payments are subject to the terms and processing times of the respective banking network. You are responsible for ensuring sufficient funds are available and that your bank account details are accurate. In the event of a failed or reversed transaction, we will attempt to collect payment from the secondary payment method held on your account. In the event of a failed or reversed payment transaction on your secondary payment method, we reserve the right to suspend or cancel your order until payment is successfully completed.

  • 5.7.1. You must ensure your bank account details provided to us remain accurate and up to date at all times. You are responsible for ensuring sufficient funds are available in your nominated bank account on each scheduled payment date.
  • 5.7.2. Direct debit transactions are subject to processing times and procedures as defined by the relevant banking network. We are not responsible for delays or issues caused by third-party banking systems or processes.
  • 5.7.3. If a direct debit payment fails or is reversed for any reason, we will notify you and may, at our sole discretion, attempt to collect the outstanding payment via your secondary registered payment method (such as credit or debit card).
  • 5.7.4. In the event that payment remains unsuccessful following any secondary payment attempt, we reserve the right to temporarily suspend access to your account and any related services or products until the outstanding amounts are paid. Continued or repeated payment failures may lead to permanent cancellation of your orders, termination of subscription services (where applicable), and/or legal action to recover amounts owed.
  • 5.7.5. You must promptly notify us of any changes to your banking details or if you wish to cancel your direct debit authorisation. Changes or cancellations to direct debit instructions must be provided to us at least seven (7) business days before the next scheduled payment date.

6. Subscription Services

6.1. “Prodigi Pro” is a subscription-based software-as-a-service (SaaS) platform offered by the Company. Subscriptions provide access to additional features, tools, and discounted pricing (“Prodigi Pro Features”) for managing and fulfilling orders and related services.

6.2. To use Prodigi Pro, you must register for an account and provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your login credentials and for any use of the service under your account.

6.3. Subscription plans, fees, and billing cycles are set out on our Site or otherwise confirmed in writing. Subscriptions renew automatically at the end of each billing period unless cancelled in accordance with these terms. You agree to pay all applicable subscription charges and taxes in accordance with the selected plan.

6.4. While we do not guarantee uninterrupted service, we target 99.5% uptime and will use commercially reasonable efforts to maintain service availability, excluding planned maintenance and force majeure events. Access may be suspended temporarily for scheduled or emergency maintenance, or for legal, security, or operational reasons. We reserve the right to modify or discontinue any aspect of Prodigi Pro with reasonable notice if such changes are likely to materially affect your use of the service.

6.5. You retain all rights to content and data you upload or generate through Prodigi Pro. By using the service, you grant us a limited, non-exclusive licence to store, use and process such content and data solely as required to deliver the service and fulfil your orders. Data will be handled in accordance with our Privacy and Cookie Policy.

6.6. All intellectual property rights in Prodigi Pro, including software, platform design, interfaces, and documentation (excluding content provided by you), remain the property of the Company or its licensors. You are granted a non-exclusive, non-transferable right to access and use the service solely for your internal business purposes.

6.7. You may cancel your subscription at any time through your account or by contacting us in writing. Access will continue until the end of the current billing period. We may suspend or terminate your access if you fail to pay applicable charges or if you breach these terms. On termination, access to Prodigi Pro will cease and your associated data may be deleted following any applicable retention period.

7. Delivery

7.1. The Company aims to deliver your Products as soon as possible after placing your order. If we cannot deliver the Products within 30 days of your order, we will notify you and you will be entitled to cancel your order and a refund will be made to you. In no event shall we be liable to pay for any damages or penalty for any delay in delivery of the Products however caused.

7.2. All deliveries must be signed for (please ensure that the Products delivered match the driver's paperwork and that the Products are undamaged) and you should keep your delivery note and packaging. You are required to notify customer services at support@prodigi.com within 14 days if any Products are missing or damaged on delivery. Please refer to paragraph 9.2 below.

7.3. Risk in the Products shall pass to you once they have been delivered to the delivery address stipulated in your order and we will not be liable for their loss, damage or destruction after delivery has taken place.

7.4. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any Products purchased from this Site. By placing an order, you represent that the Products ordered will be used only in a lawful manner.

8. Your Right to Cancel

8.1 Bespoke Orders: All Products are tailored to your unique specifications ("Bespoke Orders"). By confirming your order, you expressly agree that the order is non-refundable and cannot be modified once production has commenced. This includes but is not limited to the product details, shipping method, and both delivery and return addresses. Your acceptance of these terms acknowledges the custom nature of your order, exempting it from the typical cancellation rights under UK consumer law due to its bespoke commission status.

8.2 Amendment or Cancellation of Bespoke Orders: You may amend or cancel your Bespoke Order prior to its submission to Prodigi for production. Once the order has been submitted for production, we may still consider requests for modifications to certain details, such as the shipping address or delivery method. Our Customer Services team will assess these requests and inform you of the feasibility of making such changes and any costs involved. Please submit any requests for changes in writing to the address provided or via email at support@prodigi.com.

8.3 Cancellation of Non-Bespoke Orders: For orders that are not made to your specifications (if applicable), you have the right to cancel your order within 14 calendar days starting the day after the products are delivered to you. This right is in accordance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

  • 8.3.1 You must notify us in writing within the 14 calendar day cooling-off period, expressing your intention to cancel the order.
  • 8.3.2 If the Product(s) have been delivered, they must be returned at your own cost, in the same condition as they were upon delivery.

    • 8.4 Upon cancellation in accordance with sections 8.2 or 8.3, we will either exchange the Products or refund the amount paid at your request. Refunds will be credited to the original payment method. If a cancellation does not follow the outlined procedures, we are not responsible for issuing a refund, and any refund issued is at Prodigi's discretion.

    8.5 You are responsible for the safekeeping and reasonable care of the Products until they are returned to us. For returns, you must ensure the Products are adequately and safely packaged, as we do not accept liability for damages incurred during transit back to us.

9. Cancellation by Us

9.1. We reserve the right to cancel any order (or any part of the order) if for any reason:

  • 9.1.1. the Products ordered by you are no longer available;
  • 9.1.2. the Products are withdrawn from our Service by the authorised licensees or the copyright owners; or
  • 9.1.3. the Products cannot be supplied to you in the country where you reside;
    • in which event we will notify you by email and refund any payments you have made for that order or that part of the order.

    9.2. We endeavour to make sure that all prices advertised on the Site are correct, However, if we discover that the Products you have ordered were listed at an incorrect price we will inform you of the correct price as soon as possible. We will give you the option of re-confirming your order or cancelling it; if you choose to cancel your order we will refund any payments made.

    9.3. We will not be obliged to offer any additional compensation for disappointment suffered if your order is cancelled for any reason.

    9.4. We may terminate or suspend your use of and registration on this Site at any time if you breach any of these terms and conditions or for your inappropriate or unlawful behaviour, without any liability or further obligation of any kind whatsoever to you or any other party.

    9.5. We reserve the right to modify, suspend or discontinue this Site, the Service or any Products (or any part thereof) at any time with or without notice to you. We shall not be liable to you or any third party for any such modification, suspension or discontinuation.

    9.6. You agree to indemnify us and hold us harmless from any and all third party claims and demands, including reasonable legal fees, for damages and costs due to or arising out of your breach of these terms and conditions or your use of this Site, the Service or any Products.

10. Limited Express Warranty for Defective Products

10.1. All Products supplied by us will be free from material defects and be of a satisfactory quality.

10.2. If the Products are materially defective or incorrect on delivery, we shall have no liability to you unless you notify us of the problem within 14 days from the date of delivery by email at support@prodigi.com.

10.3. If you notify a problem to us we will:

  • 10.3.1. make good any shortage or non-delivery; or
  • 10.3.2. replace any Products that are materially defective or damaged; or
  • 10.3.3. where Products cannot be made good or replaced, refund you the amount paid by you for the Products in question. Refunds will be credited to the payment method used to make the original purchase.

    • 10.4. We ask that you return the damaged or faulty Products to us and we will reimburse your postage costs provided you send to us your supporting receipts.

    10.5. The remedies set out at paragraph 11.3 constitute your only remedies, and our sole and exclusive obligations to you, with respect to any damaged or faulty Products. For the avoidance of doubt, we shall have no such obligation to you if any of the conditions set out at paragraphs 11.2 or 11.3 apply.

    10.6. EXCEPT AS EXPRESSLY PROVIDED IN PARAGRAPH 10.1, THIS SITE, THE SERVICE AND THE PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE EXPRESS WARRANTIES STATED ABOVE ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THIS Site, THE SERVICE OR THE PRODUCTS WILL BE UNINTERRUPTED OR SECURE, OR THAT THIS Site, THE SERVICE OR THE PRODUCTS WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE TIMELINESS, ACCURACY, COMPLETENESS OR RELIABILITY OF THIS Site, THE SERVICE OR THE PRODUCTS.

11. Our Liability

11.1 SAVE AS PRECLUDED BY LAW, WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL LOSS, DAMAGE OR EXPENSES (INCLUDING WITHOUT LIMITATION ANY LOSS OF MATERIALS, INTERRUPTION OF SERVICE OR WASTED EXPENDITURE) HOWSOEVER ARISING OUT OF YOUR USE OF THIS Site, THE SERVICE AND/OR THE PRODUCTS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE SHALL HAVE NO LIABILITY TO PAY ANY MONEY TO YOU BY WAY OF COMPENSATION OTHER THAN TO REFUND TO YOU THE AMOUNT PAID FOR THE PRODUCTS IN QUESTION. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF THEORY UNDER WHICH SUCH CAUSE OF ACTION IS BROUGHT, WHETHER IN CONTRACT, TORT, WARRANTY OR OTHERWISE.

11.2 The information contained in the Site has not been written to meet your individual requirements and it is your sole responsibility to satisfy yourself that the Products you order are suitable for your specific purposes. You shall be responsible for ensuring the accuracy of all details provided as part of your order.

11.3 The Company shall be under no liability in respect of any defect in the Products arising from your failure to follow instructions when ordering of the Products via the Site, your use of the Products or your misuse or alteration of the Products.

11.4 Notwithstanding the above, nothing in these terms and conditions shall limit any rights you might have as a consumer or other statutory rights that may not be excluded by law, nor exclude or limit our liability to you for any personal injury resulting from our negligence. Further, some countries and states do not allow the exclusion of implied warranties or incidental or consequential damages, so the above exclusions may not apply to you and you may have other rights that vary from country to country and from state to state.

12. Use of the Products and Other Rights and Restrictions

12.1. We are authorised to produce, distribute and sell the Products. The Company and the appropriate copyright holders retain all rights, title and interest in and to this Site, the Service and the Products including all design, text, images, photographs, still pictures, illustrations, artwork, graphic material and other copyrightable or otherwise legally protectable elements contained therein, together with the selection, sequence, "look and feel" and arrangements of this Site.

12.2. This Site, the Service and the Products are protected by intellectual property laws and your use is subject to the following conditions:

  • 12.2.1. you may only use this Site, the Service and the Products for your own personal use and not for any business-related purposes;
  • 12.2.2. you may not and may not allow others to sell, transfer, distribute, reproduce, modify, alter or create derivative works from this Site, the Service, the Products or any part thereof; and
  • 12.2.3. you may not and may not allow others to modify, decompile, reverse engineer, decrypt, circumvent or otherwise interfere with or alter this Site.

12.3 You are responsible for all use made of the Products you purchase and we will not be responsible for any infringement of third party rights which arise as a result of your use of the Products.

12.4 The trademarks, service marks, graphics and logos used in connection with this Site and/or the Service are trademarks or registered trademarks of the Company or its licensors. You are granted no right or licence with respect to any such trademarks or service marks and any unauthorised use is strictly prohibited.

12.5 If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement or you believe that any other claim or illegal activity has arisen in respect of the materials published or accessed via this Site, then you should contact us at support@prodigi.com, and provide to us, in writing, the following information:

  • 12.5.1. details of your alleged claim;
  • 12.5.2. where applicable, a description of the copyrighted work that is claimed to have been infringed, including the URL (i.e. web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
  • 12.5.3. identification of the URL or other specific location where the potentially infringing or offending material is located;
  • 12.5.4. your (or the copyright owner's) address, telephone number, and email address; and
  • 12.5.5. any other information and/or assistance as may be reasonably required by us.

12.6 All rights not expressly granted herein are reserved.

13. Acceptable Use

13.1. You shall not breach or attempt to breach the security of this Site or the Service. Without limiting the foregoing, you shall not: (a) access data or materials not intended for you; (b) log into a server or account which you are not authorised to access; or (c) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation. Breaches of system or network security may result in civil or criminal liability. We reserve the right to investigate occurrences which may involve such breaches and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such breaches.

13.2. You agree not to use this Site in any way that may cause the Site or access to the Site to be interrupted, damaged or impaired.

13.3. The Site may host reviews, feedback and comments from customers. Any electronic communications and / or content you send to this Site must be for lawful purposes only. You are responsible for such content, which should not be malicious, defamatory, obscene, racist or designed to offend or to cause annoyance. In particular, such communications and content must not be illegal, abusive, threatening, indecent, defamatory or menacing. It must not breach copyright, trade mark, confidence or privacy rights, and must not consist of or include software viruses, political announcements, commercial solicitation or advertising, chain letters, mass mailings or "spam".

13.4. When dealing with this Site you must not use a false email address, impersonate any other person or entity, or mislead the Site and its users as to the origin of any electronic communications or content.

13.5. Unauthorised use of this Site may give rise to a claim for damages and / or be a criminal offence.

14. Your Information

14.1. You are personally liable for any orders that you place and charges that you incur.

14.2. As a user of the Site you will need to set up and maintain an account on the Site. You are solely responsible for keeping your passwords confidential and secure at all times.

14.3. You should notify us immediately if you become aware of any unauthorised access to your account. In no event shall we be responsible for any loss you may suffer as a result of any misuse of your account and/or passwords.

14.4. You agree to provide current, complete and accurate information required to complete your account registration and at other times as may be required in the course of using this Site or the Service ("Registration Data"). You further agree to maintain and update Registration Data as required to keep it current, complete and accurate. If any information you provide is false, incomplete or inaccurate, we may terminate your rights to use this Site and the Service. If the information you provide is fraudulent, you may also be subject to criminal and/or civil liability. You agree that we may store and use Registration Data you provide (including credit card information) for maintaining your accounts and billing your credit card for orders placed via the Site.

14.5. You will be responsible for installing adequate anti-virus software and related security protection to secure your computer systems when using the Service. We will not be responsible for any loss suffered as a result of your failure to do so.

15. Offensive Content

15.1. The website may contain images. reviews, feedback and other comments submitted by our customers and users. It is not possible for us to monitor the content of all of these reviews and we therefore take no responsibility for any content, materials, images, messages and the like that customers may post or view on these areas of the website. We will endeavour to remove any content which causes or is likely to cause offence as soon as reasonably practical after we have been made aware of this. If you wish to make a complaint with regards to any offensive content, please email support@prodigi.com.

16. Disclaimer of Liability for Third Party Materials

16.1. We may provide links to certain third party Sites. You acknowledge and agree that we have little or no control over, and are not responsible for examining or evaluating the content or accuracy of any such third party material or Sites. The Company does not warrant or endorse and does not assume and will not have any liability or responsibility for any third party materials or Sites, or for any other materials, products or services of third parties. Links to other Sites are provided solely as a convenience to you.

17. Notice and Correspondence

17.1. Unless otherwise expressly stated in these terms and conditions, all notices and other forms of communication from you to us must be in writing and sent to our address at Prodigi, Unit 20, Caker Stream Road, Alton, Hampshire, GU34 2QA, UK; or by email to support@prodigi.com. All notices from us to you will be displayed on our website from time to time.

18. Events Beyond our Control

18.1. We shall have no liability to you for any failure to deliver the Products you have ordered or any delay in doing so or for any damage or defect to Products delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, failure of our suppliers or producers, flood, fire, explosion, acts of terrorism or accident.

19. Invalidity

19.1. If any of these terms and conditions are found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other terms and conditions which shall remain in full force and effect.

19.2. If any of these terms and conditions are found to be invalid or unenforceable but would cease to be invalid or unenforceable if some part of the provision were deleted, the provision in question shall apply with such modification as may be necessary to make it valid and enforceable.

20. Data Protection & Privacy

20.1. You acknowledge and agree to be bound by the terms of our [Privacy and Cookie Policy](https://www.prodigi.com/privacy-and-cookie-policy/), which is incorporated herein by reference.

20.2. Providing our Services requires collecting and using your information. Our [Privacy and Cookie Policy](https://www.prodigi.com/privacy-and-cookie-policy/) explains how we collect, use, and share information across our Sites, Platform and Apps. It also explains the ways you can control and request deletion of your information.

21. Third Parties

21.1. Except for our affiliates, directors, employees or representatives, a person who is not party to the contract shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of such contract. This does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.

22. Entire Agreement

22.1. These terms and conditions, together with our current Site prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to your access to and use of this Site and the Service and the supply of the Products to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation we shall have no liability for any such representation being untrue or misleading.

23. Governing Law and Jurisdiction

23.1. The contract between us and any matter arising from or in connection with these terms and conditions shall be governed by and construed in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.

23.2. Any claim or cause of action against the Company arising out of or related to use of this Site, the Service or the Products or otherwise under these terms and conditions must be filed within one (1) year after such claim or cause of action arose.

24. Electronic Delivery Policy

24.1. You agree that we may provide to you required notices, agreements and other information electronically as specified in these terms and conditions. If you want to withdraw your consent to receive notices electronically, you must discontinue your use of this Site.

25. Miscellaneous

25.1. Our Sites and Services are intended for residents of the United Kingdom. The Company makes no representations that materials in this Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so at their own risk and are responsible for compliance with any and all local laws, if and to the extent local laws are applicable. The failure of the Company to exercise or enforce any right or provision of these terms and conditions will not constitute a waiver of such right or provision.