TERMS & CONDITIONS + ACCEPTANCE OF RISK
TERMS & CONDITIONS + ACCEPTANCE OF RISK
Contents
- DEFINITIONS..........................................................................................................................................2
- PRODUCT SPECIFICATIONS ...................................................................................................................2
- PRODUCT AVAILABILITY ........................................................................................................................3
- ORDER CANCELLATIONS .......................................................................................................................3
- METHODS OF PAYMENT .......................................................................................................................4
- DELIVERY OF GOODS.............................................................................................................................5
- REFUNDS AND RETURNS.......................................................................................................................6
- PRODUCT INSTALLATION ......................................................................................................................7
- PRODUCT GUARANTEE .........................................................................................................................8
- PRODUCT CARE AND MAINTENANCE ...............................................................................................9
- PRODUCT USAGE ............................................................................................................................10
- CLIENT ACCEPTANCE OF INHERENT RISKS ......................................................................................11
- LIABILITY..........................................................................................................................................12
- INTELLECTUAL PROPERTY ...............................................................................................................13
- FORCE MAJEURE .............................................................................................................................13
- GENERAL PROVISIONS AND UNFORESEEN LIABILITIES...................................................................14
- GOVERNING LAW............................................................................................................................15
- ENTIRE AGREEMENT .......................................................................................................................15
Supply-Only Terms and Conditions for
LIMITLESS ZIP WIRES LTD
- DEFINITIONS
In these Terms and Conditions:
The terms and conditions in this document are between LIMITLESS ZIP WIRES LTD and the Client.
1.1. “The Retailer” Refers to LIMITLESS ZIP WIRES LTD, the seller of the product
1.2. “The Client” Refers to the purchaser of the product, the party entering into the transaction with
LIMITLESS ZIP WIRES LTD.
1.3. “The Product” Refers to the supply of the zip wire kit, the specific item being purchased.
- PRODUCT SPECIFICATIONS
LIMITLESS ZIP WIRES LTD is committed to delivering high-quality zip wire kits designed with safety as a
top priority. The product includes the following components:
- Video Installation Guide (x1)
- Length of Steel Wire Rope (determined based on age requirements and span length) (x1)
- Heavy Duty Spring Break Kit (x1)
- Extra Long Tensioning Kit (x1)
- 12mm Chain Links (x2)
- 10mm Snap-on Carbine Hooks (x2)
- Wire Rope Grips (x4)
- 2.5m Tree Sling (x1)
- Dual Wheeled Pulley (x1)
- Heavy Duty PVC Tree Protectors (x2)
- Button Seat Swing (with Soft Touch Rope)
- Handlebars (x1)
- PVC Test Weight Bag
2.1 LIMITLESS ZIP WIRES LTD make every effort to display as accurately as possible the colours and
images of our products , however we cannot guarantee that your computer monitor’s display of
any colour will be accurate.
2.2 The Client acknowledges and understands that the colors, materials, and minor design details
of the product may vary slightly from the descriptions, images, or representations provided in
the sales material due to the manufacturing process and potential variations in materials, some
discrepancies may occur.
2.3 LIMITLESS ZIP WIRES LTD make every effort to display as accurately as possible the colours and
images of our products, however we cannot guarantee that your computer monitor’s display of
any colour will be accurate.
2.4 The Retailer reserves the right to make minor modifications or improvements to the product's
design or materials, provided that such modifications do not significantly alter the product's
functionality or quality.
2.5 It is important to emphasize that any variations in colour or appearance do not compromise the
safety or quality of the zip wire kit.
2.6 Regardless of any color variations, the zip wire kit's functionality and suitability for its intended
purpose remain unchanged.
2.7 LIMITLESS ZIP WIRES LTD will make reasonable efforts to inform the Client of any significant
changes to product specifications. However, the Client understands that minor variations in
color or appearance that do not materially affect the product's performance do not constitute
grounds for a claim, return, or refund.
- PRODUCT AVAILABILITY
3.1 LIMITLESS ZIP WIRES LTD makes every effort to communicate accurate stock levels. If the
Product is not in stock and requires production, LIMITLESS ZIP WIRES LTD shall specify the
estimated lead time for production and delivery.
3.2 The Client is encouraged to contact the Retailer for any clarifications or inquiries regarding the
availability, product's specifications, including colour options, prior to entering into the
purchase
3.3 Where specific colours or components are not available LIMITELSS ZIP WIRES LTD reserves the
right to use a substitution provided the functionality and safety is not compromised.
3.4 The Retailer will make reasonable efforts to inform the Client of any significant changes to the
product's specifications that may occur after an order has been placed.
3.5 The Client is encouraged to contact the Retailer for any clarifications or inquiries regarding the
availability, product's specifications, including colour options, prior to entering into the
purchase.
- ORDER CANCELLATIONS
4.1 Your Right to Cancel: Under the UK Distance Selling Regulations, you have the right to cancel
your order within 14 days from the day you receive your order without giving any reason. The
cancellation period will expire after 14 days from the day on which you acquire, or a third party
other than the carrier and indicated by you acquires, physical possession of the goods.
4.2 Exercising Your Right to Cancel: To exercise your right to cancel, you must inform us, LIMITLESS
ZIP WIRES LTD, of your decision to cancel this contract by a clear statement (e.g., an email). To
meet the cancellation deadline, it is sufficient for you to send your communication concerning
your exercise of the right to cancel before the cancellation period has expired.
4.3 Effects of Cancellation: If you cancel this contract, we will reimburse all payments received
from you, including the cost of standard delivery (but not any additional costs resulting from
your choice of a delivery method other than the least expensive standard delivery offered by
us), without undue delay and in any event not later than 14 days from the day on which we are
informed about your decision to cancel this contract. We will make the reimbursement using
the same means of payment as you used for the initial transaction unless you have expressly
agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
4.4 Returning the Goods: You shall send back the goods or hand them over to us without undue
delay and in any event not later than 14 days from the day on which you communicate your
cancellation from this contract to us. The deadline is met if you send back the goods before the
period of 14 days has expired. You will have to bear the direct cost of returning the goods. You
are only liable for any diminished value of the goods resulting from the handling other than
what is necessary to establish the nature, characteristics, and functioning of the goods.
4.5 Exception to the Right to Cancel: Please note that the right to cancel does not apply to
personalized or customized goods, sealed goods which are not suitable for return due to health
or hygiene reasons and were unsealed after delivery, and goods which are liable to deteriorate
or expire rapidly.
- METHODS OF PAYMENT
Accepted Payment Methods: LIMITLESS ZIP WIRES LTD offers various methods of payment for your
convenience. You can make payments for our zip wire kits using the following methods:
5.1 PayPal: Secure online payments can be made through PayPal. When selecting this payment
option, you will be redirected to the PayPal website to complete your transaction. Please note
that additional PayPal terms and conditions may apply.
5.2 Credit Card: We accept major credit and debit cards, including Visa and MasterCard. Card
payments are processed securely through our payment gateway.
5.3 Debit Card: Debit card payments are also accepted, allowing you to make payments directly
from your bank account. We accept debit cards associated with major banking institutions.
5.4 BACS (Bankers' Automated Clearing Services): You have the option to make payments via BACS
transfer. Our bank details for BACS payments will be provided upon request. Please ensure you
include your order reference when making BACS payments.
5.5 Cash: Cash payments are accepted for in-person transactions only. If you choose to make a cash
payment, please ensure you receive a receipt as proof of payment.
5.6 Payment Security: Your payment details are important to us, and we prioritize the security of
your transactions. All online payments are processed through secure and encrypted channels to
protect your sensitive information.
5.7 Payment Confirmation: After you have successfully completed your payment, you will receive
an email confirmation with the details of your order and payment. Please keep this
confirmation for your records.
5.8 Payment Authorization: By using any of our accepted payment methods, you authorize
LIMITLESS ZIP WIRES LTD to charge the total amount due for your order, including applicable
taxes and shipping fees, to the selected payment method.
5.9 Payment Errors: In the event of a payment processing error, please contact our customer
support team immediately for assistance. We will work to resolve any payment issues
promptly.
5.10 Refunds: Refunds, if applicable, will be issued using the original payment method used for the
purchase. Please refer to our "Refunds and Returns" section for more information on our
refund policy.
5.11 Payment Disputes: In case of any payment disputes or chargebacks, please reach out to us first
to address the issue. We are committed to providing prompt and fair resolutions to paymentrelated concerns.
5.12 Currency: All transactions are processed in the currency specified during the checkout process.
5.13 Third-Party Services: If you choose to use PayPal for payment, you are subject to PayPal's terms
and conditions, and any disputes or issues related to PayPal payments should be directed to
PayPal's customer support.
- DELIVERY OF GOODS
6.1. Shipping charges are already included in the total purchase price.
6.2.Delivery Timeframes: The estimated delivery timeframes may vary depending on the delivery
location and the shipping method chosen.
6.3. Tracking Information: The Tracking number can be used to monitor the progress of the order.
6.4.Delivery Address: The Client must ensure that the delivery address provided during the
checkout process is accurate and complete. LIMITLESS ZIP WIRES LTD will not be held responsible for
delays or misdeliveries caused by incorrect or incomplete address information.
6.5. Delivery Attempts: DHL typically makes multiple delivery attempts. If the courier is unable to
deliver the package on the first attempt, they will make additional efforts to reach you. It is the
responsibility of the Client to be available for the delivery attempts or to contact DHL directly to
reschedule if necessary.
6.6. Customs and Duties: For international shipments, customs duties, taxes, and fees may apply
depending on the Client country's regulations. These additional charges are the responsibility of the
recipient and are not included in the purchase price. It is the Clients responsibility to check with
their local customs authorities for information on applicable fees.
6.7. Delivery Damage or Loss: While LIMITLESS ZIP WIRES LTD take every precaution to ensure the
order is delivered in good condition, in the rare event of damage or loss during transit the Client
needs to contact our customer support team immediately. LIMITLESS ZIP WIRES LTD will work with
DHL to resolve any delivery-related issues promptly.
6.8. Delivery Inquiries: For inquiries related to the delivery of the order, including tracking updates,
delivery schedules, or any other concerns, the Client needs to contact DHL's customer service
directly. Their contact information can be found on their official website or in the email notification
you receive with tracking details.
6.9. Delivery Acceptance: It is the responsibility of the Client Upon receipt of the order to inspect the
package for any visible damage before accepting the delivery. If any damage is noticed to the
packaging, the Client has the right to refuse the delivery. In such cases, please inform LIMITLESS ZIP
WIRES LTD immediately, and we will arrange for a replacement to be sent.
- REFUNDS AND RETURNS
7.1. Refund Options:
- Full Refund: If your return meets our criteria, we will issue a full refund to your original payment
method, including any standard delivery charges you may have paid.
- Partial Refund: In some cases, if the product is not returned in its original condition or if it is missing
accessories or packaging, a partial refund may be applied.
- Replacement or Exchange: If you prefer, we can offer a replacement product or exchange for a
different item of equivalent value.
7.2. Return Procedure:
- Contact Us: To initiate a return, please contact our customer support team within the 30-day
satisfaction guarantee period. You can reach us through our designated customer support channels,
including email and phone. Please provide your order details and a clear description of the issue.
- Return Authorization: Our customer support team will guide you through the return process and
provide you with a return authorization number (RMA) if applicable. Returns without an RMA may not
be accepted.
- Return Shipping: You are responsible for securely packaging the product for return shipment. The
product should be in its original condition, including all accessories, manuals, and packaging.
- Return Label: Depending on the circumstances, we may provide you with a prepaid return label. If
not, you will be responsible for the return shipping costs.
7.3. Inspection and Processing: Once we receive the returned product, our team will inspect it to ensure
it meets our return criteria. We will then process your refund, replacement, or exchange, as applicable,
in a timely manner.
7.4. Refund Timeframes: Refunds will be processed as quickly as possible, usually within 14 days of
receiving the returned product. The actual time it takes for the refund to be credited to your account
may vary depending on your payment method and financial institution.
7.5 Non-Refundable Items: Certain items, such as customized or personalized products, may not be
eligible for refunds unless they are defective or damaged upon receipt. In such cases, please contact our
customer support team for assistance.
7.6. Damaged or Defective Products: If you receive a damaged or defective product, please notify us
immediately. We will arrange for a replacement or refund, as per your preference, at no additional cost.
7.7. Customer Support: For any questions or concerns related to refunds and returns, please contact our
customer support team. We are here to assist you throughout the process and ensure a seamless
experience.
- PRODUCT INSTALLATION
8.1. By proceeding with the installation of the Product, the Client acknowledges and agrees to comply
with these installation requirements and guidelines set forth by LIMITLESS ZIP WIRES Ltd to ensure the
safety and functionality of the zip wire kit.
8.2. Guidelines: The installation of the zip wire kit ("Product") must strictly adhere to the installation
guidelines provided by LIMITLESS ZIP WIRES Ltd ("Retailer"). These guidelines are designed to ensure
safety and optimal functionality and LIMILTESS ZIP WIRES LTD accepts no responsibility in the event of
an accident caused by incorrect installation.
8.2. Competent Person: The installation of the Product must be carried out by a competent person who
is over the age of 18 years and possesses the necessary skills and knowledge to complete the installation
safely and effectively.
8.3. Testing: Before any human usage, a thorough testing process using the provided test bag is
mandatory. The test must confirm that all components and connections are secure, and the zip wire
operates as intended.
8.4. Sign-off: Following a successful installation and testing process, LIMITLESS ZIP WIRES Ltd will
conduct a final inspection. Only after the installation has been inspected and signed off by LIMITLESS ZIP
WIRES Ltd can it be considered safe for use.
8.5. Safety: The safety of individuals using the zip wire is of paramount importance. Any concerns or
uncertainties regarding the installation or the Product's safety should be immediately addressed by
contacting LIMITLESS ZIP WIRES Ltd.
8.6. Compliance: Failure to adhere to these installation guidelines may jeopardize the safety of users
and void any warranties or guarantees associated with the Product.
8.7. Documentation: The Client is responsible for maintaining documentation related to the installation
process, including records of testing and sign-off by LIMITLESS ZIP WIRES Ltd.
8.8 Modification Clause: Any modification made to the product or its installation by the customer will void the warranty provided by LIMITLESS ZIP WIRES Ltd. In the event of any modifications, alterations, or adjustments made to the product or its installation, LIMITLESS ZIP WIRES Ltd shall not be held responsible for any consequences, damages, or accidents that may occur as a result of such modifications. The customer acknowledges and agrees that any modifications made to the product or installation are done at their own risk, and LIMITLESS ZIP WIRES Ltd will not be liable for any resulting issues or damages.
- PRODUCT GUARANTEE
LIMITLESS ZIP WIRES Ltd ("Retailer") is committed to providing high-quality zip wire kits ("Product")
designed for safety and enjoyment. We stand by the quality of our products and offer the following
product guarantee to our valued clients:
9.1. Scope of Guarantee: This product guarantee covers manufacturing defects and faults in materials
for the lifetime of the Product from the date of purchase.
9.2. What's Covered:
- Manufacturing defects or faults in materials that affect the Product's normal operation.
- Components and parts provided with the Product.
9.3. What's Not Covered:
- Damage caused by misuse, improper installation, or failure to follow provided instructions and
guidelines.
- Normal wear and tear.
- Damage caused by accidents, alterations, or unauthorized repairs.
- Damage caused by environmental factors, including but not limited to, weather conditions, or natural
disasters.
9.4. Claim Process:
- In the event of a suspected manufacturing defect or fault in materials, please contact LIMITLESS ZIP
WIRES Ltd immediately.
- Provide proof of purchase (receipt or order confirmation) and a detailed description of the issue.
- LIMITLESS ZIP WIRES Ltd will assess the reported issue and may request additional information or
photos.
- If the issue is confirmed to be covered under this guarantee, LIMITLESS ZIP WIRES Ltd will, at its
discretion, repair or replace the affected parts or the entire Product.
9.5. Transferability: This guarantee is non-transferable and applies only to the original purchaser of the
Product.
9.6. Limitation of Liability: In no event shall LIMITLESS ZIP WIRES Ltd be liable for any incidental,
consequential, or indirect damages arising from the use of the Product.
9.7. Your Rights: This guarantee is provided in addition to your legal rights as a consumer, which may
vary depending on your location. Nothing in this guarantee affects these legal rights.
9.8. By purchasing and using our zip wire kit, you acknowledge and accept the terms of this product
guarantee. Should you encounter any issues covered by this guarantee, please contact us promptly for
assistance. Your satisfaction and safety are our top priorities.
9.9 Modification Clause: Any modification made to the product or its installation by the customer will void the warranty provided by LIMITLESS ZIP WIRES Ltd. In the event of any modifications, alterations, or adjustments made to the product or its installation, LIMITLESS ZIP WIRES Ltd shall not be held responsible for any consequences, damages, or accidents that may occur as a result of such modifications. The customer acknowledges and agrees that any modifications made to the product or installation are done at their own risk, and LIMITLESS ZIP WIRES Ltd will not be liable for any resulting issues or damages.
- PRODUCT CARE AND MAINTENANCE
10.1 The Client acknowledges and agrees to follow the recommended product care and maintenance
guidelines provided by the Supplier. The Client shall also adhere to safety guidelines for the proper use
and maintenance of the Product. Offer recommendations for maintaining and caring for the product to
ensure its longevity.
10.2. Product Care and Maintenance: At LIMITLESS ZIP WIRES Ltd, we want to ensure that your zip wire
kit ("Product") continues to provide safe and enjoyable experiences for years to come. Proper care and
maintenance are essential to maximize the lifespan and safety of your zip wire kit. Please follow these
guidelines for the care and maintenance of your Product:
10.3 Regular Inspection: Before each use, visually inspect all components of the zip wire kit for signs of
wear, damage, or deterioration. Pay special attention to the steel wire rope, connections, harnesses,
and any moving parts. If you notice any issues, such as frayed cables, loose fittings, or worn-out parts,
discontinue use and contact LIMITLESS ZIP WIRES Ltd for guidance.
10.4. Cleaning: Regularly clean all components of the zip wire kit to remove dirt, debris, and
contaminants. Use a mild soap solution and a soft cloth or brush to clean metal parts. Rinse thoroughly
with clean water and allow the components to dry completely before storage.
10.5. Lubrication: If your zip wire kit includes moving parts (e.g., pulleys), apply a suitable lubricant as
recommended by the manufacturer. Lubrication helps maintain smooth and safe operation.
10.6. Storage: When not in use, store the zip wire kit in a dry, cool, and protected environment. Keep it
away from direct sunlight, extreme temperatures, and moisture.
10.7. Usage Guidelines: Always follow the installation and usage guidelines provided by LIMITLESS ZIP
WIRES Ltd. Ensure that the zip wire kit is used only by individuals who meet the recommended age and
weight requirements. Do not exceed the maximum weight limit specified for the Product.
10.8. Regular Maintenance: Depending on usage, consider scheduling regular maintenance checks by a
qualified technician to ensure the zip wire kit's safety and performance. Components such as cable
tension, connections, and anchor points may require periodic adjustment and inspection.
10.9. Replacement Parts: If any components of the zip wire kit show signs of wear, damage, or fatigue,
replace them promptly with genuine replacement parts from LIMITLESS ZIP WIRES Ltd. Do not use
unauthorized or non-standard components.
10.10. Safety First: Always prioritize safety when using the zip wire kit. Follow all safety guidelines,
including wearing appropriate safety gear and ensuring a clear landing area. Only allow one user on the
zip wire at a time.
- PRODUCT USAGE
11.1. Product Usage: Your safety is of paramount importance when using our zip wire kit ("Product").
Please read and adhere to the following usage guidelines to ensure a safe and enjoyable experience:
11.2. Age and Weight Restrictions: The zip wire kit is intended for use by individuals within specific age
and weight limits, as outlined in the product documentation. Ensure that all users meet these age and
weight requirements before using the Product.
11.3. Supervision: Children and inexperienced users should be supervised by a responsible adult while
using the zip wire kit. Ensure that users understand and follow all safety instructions and guidelines.
11.4. Safety Gear: Always wear appropriate safety gear, including a securely fastened harness and
helmet, when using the zip wire kit. Safety gear is a crucial component of injury prevention.
11.5. One User at a Time: Only one person should use the zip wire at a time. Multiple users
simultaneously can create dangerous situations.
11.6. Clear Landing Area: Ensure that the landing area is clear of obstacles and hazards before each use.
Users should be prepared for a safe and controlled landing.
11.7. Proper Installation: The zip wire kit must be installed by a competent person over the age of 18
following the guidelines provided by LIMITLESS ZIP WIRES Ltd. The installation should be tested using
the test bag before human usage. The installation must be signed off by LIMITLESS ZIP WIRES Ltd to
confirm its safety and suitability for use.
11.8. Regular Inspection: Before each use, visually inspect all components of the zip wire kit for any signs
of wear, damage, or deterioration. If any issues are identified, discontinue use and contact LIMITLESS ZIP
WIRES Ltd for guidance.
11.9. Weight Limit: Do not exceed the maximum weight limit specified for the Product. Overloading can
compromise safety.
11.10. Follow Instructions: Always follow the installation and usage instructions provided by LIMITLESS
ZIP WIRES Ltd. Failure to do so may result in accidents or injuries.
11.11. Maintenance: Regularly maintain and inspect the zip wire kit as per the care and maintenance
guidelines provided by LIMITLESS ZIP WIRES Ltd.
11.12. Excessive Speed: Avoid excessive speed during zip wire use, as it can increase the risk of
accidents. Maintain a controlled and safe pace.
11.13. Weather Conditions: Do not use the zip wire kit in adverse weather conditions, including strong
winds, storms, or lightning. Adverse weather can affect the safety of the activity.
11.14. No Horseplay: Engage in responsible and safe behavior while using the zip wire kit. Avoid any
form of horseplay or reckless actions.
- CLIENT ACCEPTANCE OF INHERENT RISKS
12.1. By using the zip wire kit, you acknowledge and accept the inherent risks associated with this
high-adventure activity. LIMITLESS ZIP WIRES Ltd is committed to your safety, and we encourage
responsible and safe usage of our products. If you have any questions or concerns regarding
product usage or safety, please contact us for assistance. Your safety is our priority.
12.2. The Client acknowledges and accepts that the use of the zip wire kit ("Product") and
participation in activities related to the Product involve inherent risks and potential hazards.
12.3. The Client acknowledges that zip lining, in its nature, is an activity that may involve physical
exertion, heights, and speed. It carries inherent risks that can include, but are not limited to, falls,
impact with structures or objects, entanglement, and other unforeseeable incidents.
12.4. The Client understands and agrees that the Installer/Supplier cannot completely eliminate all
risks associated with the use of the Product, despite taking reasonable precautions and safety measures.
12.5. By using the Product and participating in related activities, the Client voluntarily assumes all
inherent risks associated with zip lining and related activities. The Client acknowledges that these risks
may result in personal injury, property damage, or other losses.
12.6. The Client agrees to follow all safety guidelines, instructions, and precautions provided by the
Installer/Supplier and to use the Product responsibly and within the scope of its intended use.
12.7. The Client shall not hold the Installer/Supplier liable for any injuries, damages, losses, or
liabilities that may occur as a result of the inherent risks associated with using the Product.
12.8. The Client understands the importance of adequate supervision and safety measures, especially
when the Product is used by individuals who are minors or require assistance.
12.9. The Installer/Supplier strongly recommends that the Client seek appropriate safety training and
supervision when using the Product and participating in zip lining activities.
12.10. If the Client is not willing to accept the inherent risks associated with using the Product, the
Client is advised not to use the Product or engage in related activities.
12.11. The Client is encouraged to consult with legal professionals if they have any concerns or
questions regarding this section or the acceptance of inherent risks.
- LIABILITY
13.1. Limitation of Liability: LIMITLESS ZIP WIRES Ltd ("The Retailer") shall not be liable for any direct,
indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues,
whether incurred directly or indirectly, arising from your purchase, installation, use, or misuse of the zip
wire kit ("Product"), even if The Retailer has been advised of the possibility of such damages.
13.2. Exclusions: To the fullest extent permitted by applicable law, The Retailer disclaims all warranties
and liabilities regarding the Product, including but not limited to warranties of merchantability, fitness
for a particular purpose, and non-infringement. The Retailer makes no representations or warranties
that the Product is free of defects, fit for your intended purpose, or compliant with local regulations.
13.2 Assumption of Risk: The use of the Product involves inherent risks, including but not limited to
physical injury or damage to property. By purchasing and using the Product, you acknowledge and
accept these risks and assume full responsibility for any consequences that may arise from its use.
13.3. Safety Precautions: You are responsible for following all safety guidelines, installation instructions,
and maintenance recommendations provided by The Retailer. Failure to do so may increase the risk of
accidents, injuries, or damage.
13.4. Third-Party Products: If the Product includes components or materials supplied by third parties,
The Retailer's liability is limited to the extent of the warranties provided by those third parties. The
Retailer will, where possible, assign the benefit of any third-party warranties to you.
13.5. Indemnification: You agree to indemnify, defend, and hold harmless LIMITLESS ZIP WIRES Ltd, its
employees, agents, and affiliates from and against any claims, losses, damages, liabilities, costs, or
expenses (including legal fees) arising from your use of the Product or any violation of these Terms and
Conditions.
13.6. Damages Cap: In no event shall The Retailer's total liability for any claims arising from or related to
the Product exceed the amount you paid for the Product.
13.7. Force Majeure: The Retailer shall not be liable for any delay or failure to perform its obligations
under these Terms and Conditions due to circumstances beyond its reasonable control, including but
not limited to acts of nature, acts of terrorism, labor disputes, or government restrictions.
13.8. Claims: Any claims for liability must be submitted in writing within a reasonable time after the
event giving rise to the claim occurred.
13.9. Governing Law: These Terms and Conditions and any disputes related to the Product shall be
governed by the laws of England. Any legal action arising from or related to these Terms and Conditions
shall be filed in the courts of England.
13.10. By purchasing and using the Product, you acknowledge and agree to the terms of this liability
clause. It is your responsibility to use the Product safely and in accordance with all applicable laws and
regulations.
- INTELLECTUAL PROPERTY
14.1. Ownership: All intellectual property rights related to the zip wire kit ("Product"), including but not
limited to patents, trademarks, copyrights, and trade secrets, are and shall remain the exclusive
property of LIMITLESS ZIP WIRES Ltd ("The Retailer").
14.2. License for Use: The Retailer grants you ("The Client") a limited, non-exclusive, non-transferable
license to use the Product solely for its intended purpose as described in the product documentation
and these Terms and Conditions.
14.3. Restrictions: You may not, under any circumstances, reproduce, modify, distribute, display,
perform, or create derivative works based on the Product or any part thereof without the express
written consent of LIMITLESS ZIP WIRES Ltd.
14.4. Protection of Intellectual Property: You agree not to take any action that may infringe upon or
contest the validity of any intellectual property rights related to the Product.
14.5. Confidentiality: You shall treat all technical, commercial, and other information related to the
Product as confidential and shall not disclose such information to third parties without the prior written
consent of LIMITLESS ZIP WIRES Ltd.
14.6. Reporting Infringements: If you become aware of any unauthorized use or infringement of the
Product's intellectual property rights, you shall promptly notify LIMITLESS ZIP WIRES Ltd.
14.7. Indemnification: You agree to indemnify and hold harmless LIMITLESS ZIP WIRES Ltd against any
claims, losses, damages, or expenses (including legal fees) arising from or related to any unauthorized
use or infringement of the Product's intellectual property rights by you or any third party acting on your
behalf.
14.8. Enforcement: LIMITLESS ZIP WIRES Ltd reserves the right to take legal action to protect its
intellectual property rights, including seeking injunctive relief and damages.
14.9. By using the Product, you acknowledge and agree to abide by the terms of this intellectual
property clause. Any unauthorized use or infringement of the Product's intellectual property rights may
result in legal action and the termination of your rights to use the Product.
- FORCE MAJEURE
15.1 "Force Majeure Event" refers to any unforeseeable circumstances or events beyond the control of
LIMITLESS ZIP WIRES LTD or the Client that may impact the supply of zip line wire kits under the
contract.
15.2. In the event of a Force Majeure Event, the affected party shall promptly notify the other party in
writing, providing details of the event, its expected impact on the supply of zip line wire kits, and its
anticipated duration.
15.3. During the period when a Force Majeure Event is ongoing, the obligations related to the supply of
zip line wire kits may be temporarily suspended. This includes, but is not limited to, delivery timelines,
product availability, or any other relevant contractual obligations affected by the event.
15.4. The parties acknowledge that a Force Majeure Event may result in supply delays or disruptions. In
such cases, the affected party shall be entitled to a reasonable extension of the supply period, equal to
the duration of the Force Majeure Event.
15.5. If a Force Majeure Event substantially prevents or significantly delays the supply of zip line wire
kits for an extended period (as mutually determined by the parties), either party may have the option to
terminate the supply agreement without incurring additional liability beyond that which existed prior to
the Force Majeure Event.
15.6. Both parties shall make reasonable efforts to mitigate the effects of a Force Majeure Event to the
extent possible, including exploring alternative supply solutions.
15.7. Neither party shall be considered in breach of the supply agreement or held liable for any losses,
damages, or penalties arising directly or indirectly from a Force Majeure Event that impacts the supply
of zip line wire kits.
15.8. In the event of a Force Majeure Event, the parties shall consult and collaborate to determine the
most appropriate course of action to address the situation and minimize any adverse impacts on the
supply of zip line wire kits.
- GENERAL PROVISIONS AND UNFORESEEN LIABILITIES
16.1. The Client acknowledges that unforeseen circumstances and events may arise that are not
explicitly addressed in these terms and conditions.
16.2. In the event of any dispute, claim, or liability arising from a scenario not explicitly covered in
these terms and conditions, both parties agree to engage in good faith negotiations to resolve the
matter.
16.3. The Client acknowledges and agrees that LIMITLESS ZIP WIRES LTD liability is limited to the
extent set forth in these terms and conditions, including the limitations of liability outlined herein.
16.4. LIMITLESS ZIP WIRES LTD shall not be liable for any indirect, incidental, consequential, special,
punitive, or exemplary damages, including but not limited to loss of profits, loss of data, or other
intangible losses, arising out of or in connection with the use of the Product, even if the
Installer/Supplier has been advised of the possibility of such damages.
16.5. The Client agrees that LIMITLESS ZIP WIRES LTD total liability for any and all claims, whether in
contract, tort, or otherwise, arising out of or in connection with the Product or these terms and
conditions, shall be limited to the total amount paid by the Client.
16.6. The limitations of liability set forth in these terms and conditions shall apply to the fullest extent
permitted by applicable law.
- GOVERNING LAW
17.1 These Terms and Conditions and any disputes or claims arising out of or in connection with the
zip wire kit ("Product") shall be governed by and construed in accordance with the laws of
England.
17.2Any legal action, lawsuit, or dispute related to the Product or these Terms and Conditions shall
be subject to the exclusive jurisdiction of the courts of England. You agree that any such legal
proceedings shall be conducted in the courts located within England and consent to the
personal jurisdiction of such courts.
17.3 In the event of any conflict between the English version of these Terms and Conditions and any
translated versions, the English version shall prevail.
17.4 By purchasing and using the Product, you agree to submit to the exclusive jurisdiction of the
English courts and to resolve any disputes in accordance with English law.
- ENTIRE AGREEMENT
These Terms and Conditions constitute the entire agreement between the parties and supersede any
prior agreements or understandings, whether oral or written. No modification or amendment to these
Terms and Conditions shall be valid unless made in writing and signed by both parties."