1. Basics about the Terms and Conditions
Who we are: We are a company registered in England as ANNKH LIMITED, company number 08129587, whose registered office is at: Acre House, 11/15 William Road, London, NW1 3ER
What we do: We are a company that facilitates a sale between you and a Merchant from our network of select Merchants. We act as an intermediary between you and the Merchant so that the Merchant may supply to you the agreed upon Merchant Products/Services. We are never responsible for the supply of the Merchant Products/Services.
Who we aren’t: The Source app (and its parent company Annkh Limited) is not a Merchant. We facilitate a sale between you and a Merchant. We do not sell, provide or supply any Merchant Products/Services. Any Merchant Products/Services will always be supplied by a third party.
Your acceptance of these Terms and Conditions: Please read these Terms and Conditions carefully. By making any purchase you are agreeing to these Terms and Conditions and you acknowledge that your purchase is made subject to these Terms and Conditions.
Changes to this Agreement: These Terms and Conditions were most recently updated on 24 August 2014. We reserve the right to amend these Terms and Conditions at any time. All amendments to these Terms and Conditions will be posted online. You will be bound only to the Terms and Conditions which you agree to when you register and not any later Terms and Conditions unless you expressly consent to such new Terms and Conditions.
Your legal rights: As a consumer, nothing in these Terms and Conditions affects your non-excludable statutory, or legal, rights.
Definitions: In these Terms and Conditions, we use various defined terms. You will know they are defined because they begin with a capital letter. These are all defined within these Terms and Conditions or at the end in Clause 7.
2. Making a Purchase
Minimum Age: In order to make a Purchase you must be 18 years of age or over. By making a Purchase you are agreeing that you are above 18 years of age.
Place of Use: Merchant offers are directed solely at those who make a Purchase from the UK. We make no representation that a Purchase from one of our Merchants is available or otherwise suitable for use outside of the UK. If you choose to make a Purchase from locations outside the UK, you do so on your own initiative and are responsible for the consequences and for compliance with all applicable laws.
Scope of Use: Any Purchase is for your non-commercial, personal use only (although you may give any Products/Services to someone else for their personal use). You must never make a Purchase for business purposes without the Merchant’s express, written consent to do so.
Prevention on use: We reserve the right to prevent you from making any Purchase for any reason whatsoever. Any such decision is within our sole discretion.
3. Purchase of Products/Services from a Merchant
How purchasing works: When you agree to purchase a Product/Service from a Merchant through the Source app, you make an agreement with the Merchant to purchase their proposed Products/Services under their terms and conditions of sale.
When a purchase is complete: When you go through the procedure for purchasing Products/Services as presented via the Source app, after you have confirmed your acceptance of these Source Terms and Conditions, only once the Merchant has taken payment (by debit card , credit card or bank transfer) and provided confirmation, is the transaction to Purchase the agreed Products/Services complete. The confirmation provided by the Merchant is their acceptance of the transaction; and it is at this point that a contract between you and the Merchant for the supply of agreed Products/Services is created.
Right to cancel: Cancellation policies are determined by the Terms and Conditions of the Merchant. If you wish to request a cancellation, this must be requested directly to the Merchant, either via an enquiry in the Source app or using direct contact methods.
It is the Merchant, and not Source (Annkh Limited), who is the seller of the Merchant Products/Services.
It is the Merchant, and not Source (Annkh Limited), who is the party who enters into a contract with the person receiving the Merchant Products/Services.
It is the Merchant, and not Source (Annkh Limited), who is solely responsible for providing you with the agreed Merchant Products/Services.
Value Added Tax: The addition of Value Added Tax to a Purchase will be subject to the Merchant’s obligations for charging VAT, and not dictated by Source (Annkh Limited) policies.
Shipping and other Costs: If you purchase Merchant Products/Services you may be required to pay shipping costs to the Merchant in order for the Merchant to deliver your Merchant Products/Services. Any such costs would be payable directly to the Merchant. The Merchant should always let you know about such delivery costs before you Purchase as part of the Quote provided, as well as to who and when you must pay those delivery costs.
Emails: As a condition of Purchase, we reserve the right to send you administrative emails, including information regarding your account activity and purchases, as well as updates about the Merchant Products/Services you have Purchased.
Content of your Quote: It is your responsibility to ensure that any Merchant Products/Services meet your requirements.
Forbidden uses: The following uses of Merchant Products/Services are expressly prohibited and you undertake not to do (or to permit anyone else to do) any of the following:
– resell the Merchant Products/Services
– provide false data including false names, addresses and contact details and fraudulent use of credit/debit card numbers; or
– engage in any unlawful activity in connection with the use of Merchant Products/Services.
5. Standards of Service and Limitation of our Liability to You:
What we are always responsible for: Nothing in these Terms and Conditions shall exclude or limit our Liability for any Liability which cannot be excluded or limited by applicable law (such as fraud or what we say related to Your Legal Rights above). By this we mean that we are always liable for death and personal injury caused by our negligence, fraud, fraudulent misrepresentation and any other non-excludable legal rights you have as a consumer.
What we are never responsible for: We do not warrant and we exclude all Liability in respect of Merchant Products/Services, which are purchased and in respect of the quality, safety, usability or any other aspect of the Merchant Products/Services purchased.
You shall indemnify us against each loss, liability or cost incurred by us arising out of: Any claims or legal proceedings which are brought or threatened against us by any person arising from:
– your purchase of Merchant Products/Services; or
– any breach of these Terms and Conditions by you.
In these Terms and Conditions, we use various defined terms. You will know they are defined because they begin with a capital letter. This is what they mean:
“Liability” means liability in or for any cause whatsoever (including breach of contract, tort, misrepresentation, restitution or any other cause of action whatsoever) relating to or arising under or in connection with these Terms and Conditions (including liability expressly provided for under these Terms and Conditions or arising by reason of invalidity or unenforceability of any term of these Terms and Conditions) – and for the purposes of this definition, all references to “Terms and Conditions” shall be deemed to include any collateral contract.
“Merchant” means a third party seller of the Merchant Products/Services described in a Quote provided by the Merchant via the Source app. A Merchant is NOT “Source” (Annkh Limited).
“Merchant Products/Services” means goods and/or services offered by a particular Merchant which are described as part of a Quote.
“Purchase” means the purchase of Merchant Products/Services.
If you disagree with any part of these terms and conditions, please do not use our website.
The term ‘Source’ or ‘us’ or ‘we’ refers to the owner of the website whose registered office is Annkh Limited, Acre House,11-15 William Road, London, NW1 3ER. The term ‘you’ refers to the user or viewer of our website.
– The content of the pages of this website is for your general information and use only. It is subject to change without notice.
– Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
– Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
– This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
– All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
– Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
– From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
– Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.