Website terms and conditions for sale of goods, services & digital content to consumers

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1. Who are we and our contact details

1.1. Kay Moorby trading as soulwithaview.

1.2. You can contact us in any of the following ways:

Telephone -  07832284497

Email - connect@soulwithaview.com

Address - 43 Swangate, Rotherham, S63 6ER.

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2. What do these terms do, and why are they important?

Please read these terms and conditions carefully before you place an order with us via the website. They contain important information, including how we will provide you with the goods, services and/or digital content that you have ordered our payment terms and delivery times the situations in which this contract may be amended or cancelled by you or by us (including within a cooling-off period) what you should do if there is a fault with the goods, services and/or digital content that we have provided to you, and how we will use your personal details as well as other matters.

 

2.1. If, in these terms and conditions, we say that either of us may contact the other in ‘writing’, then this means it can be by letter or by email.

 

2.2. We only sell goods, services and/or digital content in the UK.

 

3. Your personal information

For information about how we collect and use your personal information, please see our website privacy notice.

 

4. Order Process and the Contract between you and us

When you place an order with us, the legal contract between you and us will only come into existence when we tell you that we can provide the goods, services and/or digital content to you which we will usually communicate by email. If we tell you that we cannot provide the goods, services and/or digital content to you for whatever reason, then we will not charge you for them. If we tell you that we are unable to provide the goods, services and/or digital content, and we have already received payment from you, then we will promptly refund you for any goods, services and/or digital content that we cannot provide to you.

 

5. About the goods

5.1. Any descriptions or images of the goods, and the packaging in which they are provided, which are set out on our website, are for illustration only. While we endeavour to be as accurate and consistent as possible, the goods may be slightly different to those descriptions or images.

 

5.2. Many of our goods are handmade, which means that the size, dimensions or weight of the handmade goods may vary by up to 3% above or below the amounts quoted on our website.

 

5.3. If you place an order for goods that are to be made to measurements that you have given to us, then you must ensure that those measurements are accurate. You are responsible for them.

 

6. Changes to goods, services and/or digital content

6.1. If you would like to make a change to the goods, services and/or digital content for which you have already placed an order, please contact us as promptly as you can. We will always be willing to discuss with you whether the change you would like to make is possible, and whether there are likely to be any changes to price, times for delivery, any suspension period whilst any changes are made, or any other consequences or changes arising from your request. If your requested change is possible, we’ll ask you to confirm that you would like to continue with the change, to ensure that we’re both clear on how we need to fulfil your request.

 

6.2. In some circumstances, we may need to make minor changes to the goods, services and/or digital content that you ordered. As these are minor changes and will not affect your use of the goods, services and/or digital content, we will not usually contact you about these. These minor changes are likely to be: because we need update the goods, services and/or digital content to implement a change in the law, or a regulatory requirement; and/or because we need to make minor technical changes or enhancements that will not affect your use, handling or enjoyment of the goods, services and/or digital content.

 

6.3. It is possible that exceptionally, we may need to make a more major change to the goods, services and/or digital content. If these exceptional circumstances arise in relation to an order that you have placed with us, then we will contact you before we make the change to let you know. If you do not want to proceed with the change, you’ll be entitled to cancel the contract and section 16.1 (cancellation terms) of these terms and conditions will apply. 

 

7. Digital content updates

From time to time, we may need to update, or we may ask you to update, our digital content. We will ensure that even after this update, the digital content continues to match the description of it that was provided to you during the order process.

 

8. Payment details

8.1. The price of the goods, services and/or digital content will be the price set out on our website at the time when you place your order. Our prices include VAT at the current rate.

 

8.2. We make all reasonable efforts to ensure that we do not make errors with the prices that we charge you. For example, before we accept your order, we usually try to check the website price against our price list in force at the time of your order. However, if an error has been made and the price in the price list is lower than the website price, then we will charge you the price on the price list (being the lower amount). If an error has been made and the price in the price list is higher than the website price, we will contact you to confirm how you would like to proceed (and if you want to cancel the contract, section 16.1 of these terms and conditions will apply).

 

8.3. Any costs for delivery of the goods, services and/or digital content will be the amounts that were set out to you in the order process on our website.

 

8.4. When you need to pay us depends on whether what we provide you with is goods, services or digital content:

 

• For one-off goods, you must pay for them before we deliver them to you;

• For subscriptions to goods you must pay monthly, in advance; 

• For one-off services, you must make a prepayment of 50% of the price before we begin to supply the services. You must pay the remainder of the price on completion of the services. You must pay each invoice within 30 days of the date of the invoice.

• For one-off digital content, you must pay for it before you download or stream it; 

• For subscriptions to digital content, you must pay monthly, in advance.

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We accept payment by credit card, debit card and paypal.

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9. Delivery and collection of goods and digital content and supply of services

9.1. Before you place your order we will let you know when we will deliver the goods, services and/or digital content to you. Delivery and supply times will depend on whether you have ordered goods, services and/digital content and whether these are one-off, ongoing or subscriptions:

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• For one-off goods, unless we have agreed another date with you, we will deliver and install them within 5 working days of the date on which we accepted your order;

• For subscriptions to goods, we will provide the goods to you and install them during the times as told to you during the order process until the contract is cancelled by you (see section 16 - your rights to cancel) or by us (see section 17 - our rights to cancel) or until we withdraw the goods (see section 18);

• For one-off services, we will begin supplying the services on the date we agreed with you when you placed your order and the approximate date for completion of the services will be the date we advised you when you placed your order;

• For ongoing services, we will provide the services to you until the services have been completed or the contract is cancelled by you (see section 16) or by us (see section 17) or until we withdraw the services (see section 18);

• For one-off digital content, it will be available for download or streaming by you once your order has been accepted and you have made payment (see section 8 for information about payment) but please note that you will lose your cooling-off period cancellation rights (see section 15) once you begin to download or stream the digital content;

• For subscriptions to digital content, we will provide the digital content to you during the times as told to you during the order process until the contract is cancelled by you (see section 16) or by us (see section 17) or until we withdraw the digital content (see section 18).

 

9.2. We will contact you if we are delayed in delivering the goods, services and/or digital content to you because of circumstances that are not within our control. If we contact you within a reasonable time to let you know about this, then we will not be responsible for any delays due to those circumstances. However, if the delay continues beyond a reasonable amount of time, then you can contact us to cancel the contract and we will provide you with a refund for any goods, services and/or digital content that you have paid for but not yet received.

 

9.3. If we cannot post the goods through your letterbox and/or no one is available to take delivery of them when we try to deliver them to you, then you will receive a note about how to re-arrange delivery and/or how to collect the goods.  If you then do not re-arrange delivery of the goods or collect them from the place specified in the note, we will contact you for instructions about what to do next and we may charge you for the storage costs we incur during this period as well as any further delivery costs in respect of a re-arranged delivery.  If after this, we are still unable to arrange the re-delivery or collection of the goods with you, then we may cancel the contract and the consequences set out in section 17.2 below will apply. 

 

9.4. If you told us that you would like to collect the goods, then you can collect them once we have confirmed that they are ready for collection. You can collect them between 9am-5pm on Monday-Friday. If you do not collect the goods from us within a reasonable time of us letting you know that they are ready for collection, we will contact you about what to do next, and we may charge you for the storage costs we incur during this period. If we are still unable to arrange collection of the goods with you, then we may cancel the contract and the consequences set out in section 17.2 will apply.

 

10. Suspension

10.1. If something happens that means we must suspend the supply of the goods, services and/or digital content to you, for example:

to make minor technical adjustments or to resolve technical issues;

to update the goods, services and/or digital content to implement a change in law or any relevant regulatory requirement, then we will contact you to let you know.

 

10.2. We will usually let you know in advance of any suspension unless it is an emergency – in which case, we will let you know as soon as reasonably possible. If we do suspend the supply of goods, services and/or digital content, your payment will be adjusted so that you do not pay for the relevant suspended item during the period of suspension.

 

10.3. If we are going to suspend the supply of a good, service or digital content for more than two weeks then you may contact us to cancel the contract. We will provide you with a refund for the relevant good, service or digital content for which you have made payment but have not yet received.

 

11. Responsibility for and ownership of goods

11.1. You will be responsible for goods from the point at which we deliver the goods to you – or, if you have told us that you are collecting the goods, from the point at which you collect the goods from us.

 

11.2. You will only own the goods once we have received full payment for them.

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12. Your obligations

12.1. We will inform you during the order process of information that we need from you in order to provide you with the goods, services and/or digital content. We will contact you to request this information.

 

12.2. If you don’t provide us with this required information in a reasonable time, or if information that you give us is not accurate, we may cancel the contract (and the consequences set out in section 17.2 will apply), or we may charge you for the additional costs that we incur as a result.

 

12.3. If you don’t give us required information within a reasonable time, we will not be liable to you if this causes a delay in providing you with the goods, services and/or digital content – or if we do not provide any part of them to you.

 

13. If there is a fault with the goods, services and/or digital content

13.1. We hope that you are satisfied with the goods, services and/or digital content that we have supplied to you; but if there is a fault with them, then please contact us using the details set out in section 1.

 

13.2. We must provide goods, services and/or digital content to you that meet your consumer rights.

 

13.3. This section 13.3 provides you with a summary of your consumer rights if there is a fault with the goods, services or digital content that we have provided to you. However, this is only a summary of your key rights. If you need more detailed information, you can contact Citizens Advice on www.citizensadvice.org.uk or you can call 03454 04 05 06, or you can contact your local Trading Standards Department.

 

If we have provided you with goods, the Consumer Rights Act 2015 says that the goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your goods, you're entitled to the following:

 

• For up to 30 days if your goods are faulty, you can get an immediate refund.

• For up to 6 months if your goods can’t be repaired or replaced, you’re entitled to a full refund in most cases.

• For up to 6 years, if your goods do not last a reasonable length of time, you may be entitled to some money back.

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If we have provided you with services, the Consumer Rights Act 2015 says:

 

• You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill – or get some money back if we can’t fix it.

• If you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.

• If you haven’t agreed a time beforehand, the services must be carried out within a reasonable time.

• If we have provided you with digital content, the Consumer Rights Act 2015 (http://www.legislation.gov.uk/ukpga/2015/15/contents/enacted) says that the digital content must be as described, fit for purpose and of satisfactory quality and:

• If your digital content is faulty, you’re entitled to a repair or replacement.

• If the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back.

• If you can show that the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation.

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13.4. If you decide to trigger your consumer rights to reject goods due to a fault with them, then you must either return the goods in person to the place where you bought them, post them back to us, or if the goods are not suitable for postage, allow us to collect the goods from you. We will pay for the costs of return or collection in these circumstances.

 

13.5. Your rights as summarised above are in addition to any cancellation rights that you may have during the cooling-off period, which are explained in section 15.

 

14. Our liability if you suffer loss or damage

14.1. If we do not comply with any section of these terms and conditions, or we do not use reasonable care and skill in providing the goods, services and/or digital content to you, then we are liable to you for loss and damage that you suffer and that we cause, so long as the loss or damage that is caused is foreseeable. Loss or damage is foreseeable if it is obvious to a reasonable person that it will happen because of us breaking the contract, or if it is obvious that it might happen because of something you told us about when we entered into the contract.

 

14.2. If we provide you with digital content that is faulty and that damages your device, we will either repair the device or pay compensation to you.

 

14.3. We do not limit or exclude our liability to you, where we are not allowed to do so by law. This means that we do not limit or exclude our liability for death or personal injury due to our negligence (or negligence of our employees or subcontractors), for fraud, for breach of your legal rights in relation to the goods, services and/or digital content (a summary of which is set out in section 13.3) or for providing you with defective items under the Consumer Protection Act 1987 (https://www.legislation.gov.uk/ukpga/1987/43/contents)Consumer Protection Act 1987.

 

14.4. If we provide any advice to you, including in any instructions or manuals provided to you with the goods, services and/or digital content, then you should follow these carefully. We will not be liable to you for any damage that is caused due to your failure to follow such advice or instructions.

 

14.5. We only provide goods, services and/or digital content for private and domestic use. We do not provide them for business or commercial use. If you do use the goods, services and/or digital content for business or commercial use, we will have no liability to you for loss of profit, loss of business, loss of opportunity or loss of goodwill.

 

15. Cooling-off period and your right to cancel the contract during it

15.1. Your rights to cancel during the cooling-off period are in addition to and are separate from your other rights to cancel the contract. Those other rights are set out in section 16 below. 

 

15.2. When you buy goods, services and/or digital content from a website, in most cases you will have the right to cancel the contract (under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013) within the cooling-off period (explained in section 15.3 below) because you have changed your mind. (This right exists unless one of the circumstances set out in section 15.4 below applies.) If you rely on these cancellation rights to cancel the contract during the cooling-off period, you do not have to provide us with any reason for cancelling.

 

15.3. The length of the cooling-off period during which you can cancel the contract due to a change of mind depends on whether you have ordered goods, services and/or digital content. It is also subject to certain exceptions, which are set out in section 15.4 below. You can calculate the cooling-off period as follows:

 

• For a one-off delivery of goods, you have up to 14 days after the day you receive the goods to cancel the contract;

• For goods that are ordered together but are delivered to you separately on different days, you have up to 14 days after the day you receive the last delivery of goods to cancel the contract;

• For subscriptions to goods, you have up to 14 days after the day you receive the first delivery of goods under the subscription to cancel the contract;

• For a contract that is for goods and services, you have up to 14 days after the day you receive the goods to cancel the contract;

• For services, you have up to 14 days after the day we contact you to accept your order to cancel the contract;

• For digital content (whether one-off or subscription), you have up to 14 days after the day we contact you to accept your order to cancel the contract, unless you start to download or stream the digital content before that time (in which case we will ask you to acknowledge before downloading or streaming that you have lost your cancellation rights).

 

15.4. If any of the following circumstances applies to the goods, services and/or digital content that you have ordered, then the cancellation rights during the cooling-off period do not apply to you and you will not have the right to cancel the contract in respect of those goods, services or digital content because you have changed your mind:

 

• if the goods have been personalised or made to your specification;

• if the goods that you have ordered are sealed for health or hygiene reasons and you have broken the seal on them;

• if the goods that you have ordered are sealed audio or video recordings, or computer software and you have broken the seal on them;

• if you have combined the goods with others goods and they are inseparable;

• if the goods are of a kind that will deteriorate rapidly;

• if you have started to stream the digital content that you ordered;

• if the services have been completed;

 

15.5. If you want to cancel the contract because you have changed your mind, then you should let us know before the end of the cooling-off period (as calculated in accordance with section 15.3) in one of the following ways:

contacting us on the details set out in section 1 and include your name, email address, address and order details, providing a clear statement that you want to cancel.

 

15.6. If you have ordered goods, then you must return the goods at your cost to us within 14 days of letting us know that you want to cancel the contract because you have changed your mind. If the goods are TYPES OF GOODS THAT ARE NOT SUITABLE FOR RETURN BY POST then you should contact us promptly to make arrangements for collection, which will be at your cost. 

 

15.7. If you cancel the contract during the cooling-off period after we have begun services because you have requested us to begin the services during the cancellation period (but before we have completed them), then you will have to pay us for the services that we have provided to you up to the point at which you let us know that you want to cancel the contract because you have changed your mind. The costs will be a proportion of the total price of the services.

 

15.8. If you cancel the contract during the cooling-off period because you have changed your mind, then we will provide you with a refund for the goods, services and/or digital content as well as any standard delivery costs that you paid but if you chose a more expensive delivery option than our standard delivery when you placed your order, then we will only refund you an amount equivalent to our standard delivery costs. If you have cancelled an order for goods, then we will provide you with the refund using the same method of payment that you used to pay us within 14 days of the day we receive the goods back from you or, if earlier, within 14 days of you providing us with proof that the goods have been sent back to us. If your order does not include goods that need to be returned to us, then we will provide you with a refund within 14 days of the day after you let us know that you want to cancel the contract.

 

15.9. We have the right to make a deduction from the refund due to you if you cancel the contract during the cooling-off period. The deduction will be equivalent to any loss in value of the goods that is due to unnecessary handling of the goods by you. Therefore you should not handle the goods any more than is necessary to establish the nature and characteristics of the goods. If we have already provided you with a refund, then we may charge you the amount that we would have deducted.

 

16. Your rights to cancel the contract

16.1. In addition to your rights to cancel the contract during the cooling-off period set out in section 15, if any of the following circumstances apply, you have the right to cancel this contract immediately:

 

• we have informed you that there was an error with the price or the description of the goods, services and/or digital content when you placed the order, and you now do not wish to proceed based on the correct price or description;

• we have informed you that we need to make a major change to the goods, services and/or digital content (see section 6.3) and you do not want to proceed with the change;

• there is a significant delay in providing the goods, services and/or digital content to you, because of circumstances that are not within our control (see section 9.1);

• we have informed you that we need to suspend the supply of goods, services and/or digital content to you, for any of the reasons set out in section 10.1, for more than a two week period; or you have some other legal right to cancel the contract because of something we have done.

 

If you do cancel the contract for any of the above reasons (section 16.1(a) to 16.1(e)), then we will provide you with a refund for any goods, services and/or digital content that you have paid for but we have not yet provided, or we may provide you with a refund for any goods, services and/or digital content that have not been properly provided to you. In certain circumstances, you may also be entitled to further compensation.

 

16.2. If there is a fault with the goods, services and/or digital content that we have provided to you, please see section 13 of these terms and conditions.

 

16.3. If you are cancelling the contract for any other reason which is not set out in section 16.1 or section 15 (where you are cancelling the contract during the cooling-off period), then the contract will end immediately and we will provide you with a refund for any goods, services and/or digital content which you have paid for but not yet received. However, we may make a reduction from the refund due to you, or if you are not due a refund because you have not yet made payment, then we may charge you an amount of reasonable compensation for costs which we incur due to you cancelling the contract. 

 

16.4. If you cancel the contract after we have dispatched goods, then you must return the goods to us (by returning the goods in person to the place where you bought them or posting them back to us, or if they are not suitable for posting, then you must allow us to collect them from you). If you cancel the contract because of circumstances set out in section 16.1 or because there is a fault with them (see section 13), we will pay the costs of returning the goods to us or the costs of collecting them from you. If you cancel the contract for any other reason including under section 15, you will be responsible for the costs of returning the goods to us or for contacting us promptly to make arrangements for collection, which will be at your cost. 

 

17. Our rights to cancel the contract

17.1. If you don’t comply with your obligations in these terms and conditions, we may cancel the contract. The following are examples of circumstances where we would consider that you have not complied with your obligations:

 

• you do not pay us on time and you do not pay us within 10 days of us telling you that payment is overdue (see section 8.4);

• you do not allow us to deliver the goods to you and do no re-arrange delivery or collection of the goods (see section 9.2);

• you do not collect the goods within a reasonable time and you do not re-arrange collection (see section 9.3);

• you do not provide us with information that we have requested from you within a reasonable time (see section 12.1);

 

17.2. If we cancel the contract because you have not performed your obligations (including those examples listed in section 17.1), we will provide you with a refund for any goods, services and/or digital content for which you have paid but not yet received. However we may make a reduction from the refund due to you, or if you are not due a refund because you have not yet made payment, then we may charge you an amount of reasonable compensation for costs that we incur due to having to cancel the contract.

 

18. If we stop providing goods, services and/or digital content

If the goods, services and/or digital content with which we provide you are provided on an ongoing or subscription basis (and are not a one-off purchase), we may decide at some point in the future to stop providing them.  If we decide to stop providing them, we will contact you at least PERIOD before we stop providing them, to let you know.  If you have made payment for goods, services and/or digital content which we will no longer be providing to you, we will give you the relevant refund for what you will not receive. 

 

19. General

19.1. We may transfer our rights and obligations under these terms and conditions to another organisation. We will contact you to let you know if we do so. Any transfer will not affect your rights under these terms and conditions.

 

19.2. You cannot transfer any of your rights or obligations under these terms and conditions to anyone else without first getting our consent in writing.

 

19.3. If a court decides that any part of these terms and conditions are invalid or unenforceable, the remaining sections of these terms and conditions will not be affected and will remain in place.

 

19.4. If we delay in exercising any right we have under the contract, this will not stop us from exercising that right against you at a later date.

 

19.5. Unless we transfer our rights and obligations to another organisation, then this contract is only between you and us. This means no other person or organisation is a party to this contract and they do not have any rights under the contract.

 

19.6. If  there is ever any dispute between you and us, then it will be resolved using the law of England and Wales. If you live in England or Wales, we both agree respectively that proceedings will be brought in the English courts. However, if you live in Scotland, you can bring proceedings in Scottish or English courts and if you live in Northern Ireland you can bring proceedings in Northern Irish or English courts.

 

19.7. If you are dissatisfied with how we have handled your complaint you can refer the dispute to the European Online Dispute Resolution Platform by following this link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage.

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Website Terms of Use

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1. The Site

These website terms of use (the “Terms”) apply to the websites at www.soulwithaview.com 

 

2. About us

2.1.  Kay Moorby trading as soulwithaview.  

 

2.2. You get hold of us in any of the following ways: 

Telephone - 07832284497 

Email - connect@soulwithview.com; or

Address - 43 Swangate, Rotherham, S63 6ER.

 

3. Personal Data 

For information about how we collect and use your personal information, please see our privacy notice.  Please also see our cookies policy.

 

4. Terms of use

4.1. These Terms set out the terms on which you may use the Site.  These Terms are important and you should read them carefully before using the Site. They explain how you may use the Site. 

 

4.2. By using (and continuing to use) the Site, you agree to comply with these Terms. If you do not agree with these Terms then you must stop using the Site immediately.   

 

4.3. Any orders or purchases made on the Site will be governed by our terms and conditions of sale which are available here specify other.

 

5. Changes to these Terms

5.1. We may change these Terms from time to time.  You should therefore check these Terms each time you visit our Site for any changes.  These Terms were last updated on 03 November 2020.  

 

5.2. If you do not agree with the new/amended Terms then you must stop using the Site immediately.  If you continue to use the Site, you agree to comply with the new/amended Terms. 

 

6. Site Availability and access to the Site

6.1. Our Site is aimed at website visitors based in the United Kingdom. The content on the Site may not be appropriate or available for use in locations outside of the United Kingdom.

 

6.2. We permit access to the Site on a temporary basis and we may amend, suspend or indefinitely withdraw the Site, without notice to you. 

 

6.3. You may only use our Site for lawful reasons. 

 

6.4. Whilst we try to make this Site available at all times, we make no promises that it will be available at all times and we will not be liable if the Site is unavailable for any period of time, for whatever reason.  

 

6.5. Access to the Site may be restricted or the Site may be unavailable to allow us to repair, maintain or improve the Site.   We do not guarantee that access to the Site will be uninterrupted. 

 

6.6. Some areas of our Site may be restricted to those people who we have provided login details to.  

 

6.7. You are responsible for ensuring that you have the necessary and compatible equipment and/or devices for accessing our Site. 

 

7. Updates to Content

We regularly change and update content on our Site.

 

8. Reliance on Content

8.1. The content on our Site is posted for general information purposes on an ‘as is’ basis and is not intended to amount to advice on which you should rely. 

 

8.2. You should always obtain your own professional advice before taking any action or refraining from doing something based on the content of our Site. 

 

8.3. We use reasonable endeavours to provide content which is up to date, but we do not warrant, represent, promise or guarantee that the content on our Site is up to date or accurate. 

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9. Login Details

9.1. If you have login details to access any part of the Site, you must treat those details as confidential and you must not share them with or disclose them to any other person or any other third party.

 

9.2. You will be responsible for all activity and orders placed under your login details.  If you believe that someone else knows your password then you should contact us immediately using the details set out in section 2 above.

 

9.3. If we believe that you have not complied with these Terms or any other terms applicable to you, then we reserve the right to disable or suspend your login details. 

 

9.4. If we believe that there has been a breach of security in relation to your login details or we believe that your account has been misused then we may lock your account and require you to change your password.

 

10. Third Party Sites

The Site may contain links to third-party websites.  We are not responsible for the content on any linked website and we accept no responsibility for any loss or damage suffered due to your use of them.  We provide these links as we believe it may assist you and other visitors to our Site but by providing the link we do not in any way approve the linked website or anything contained therein. 

 

11. Visitor’s content 

11.1. If you submit any content to our Site (such as on a chatroom or providing a review) you agree that: 

 

you own the intellectual property rights in the content you submit and no content which you submit will infringe the intellectual property rights of anybody else; 

 

• you are personally responsible for the content which you submit; 

• you will not submit anything which is false, misleading or inaccurate;

• you will not submit anything which is defamatory, threatening or which is otherwise considered offensive or which is against the law; and

• you will not submit anything which contains viruses or similar programs or files which damage equipment, devices or software. 

 

11.2. We reserve the right to remove any submissions made to our Site. 

 

11.3. If you fail to comply with this section 11 of these Terms, we reserve the right to suspend or withdraw indefinitely your access to or use of our Site.  We may also take legal action against you and we may disclose your details to law enforcement agencies where we believe this is necessary or if we are required to disclose them by law. We may take any other action as we consider is necessary.

 

11.4. We do not usually edit or monitor content uploaded by visitors.  Visitor’s content has not been approved by us and does not necessarily represent our views or values.  If there is content uploaded by other visitors that you wish to complain about then please contact us using the details set out in section 2 above.

 

12. Viruses and bugs

12.1. We do not guarantee that our Site will be free from viruses, bugs or other harmful code or programs.  It is your responsibility to ensure that the equipment and devices you use to access our Site are installed with up to date and sufficient anti-virus software. 

 

12.2. You must not intentionally introduce viruses, bugs or other harmful code or programs to our Site. 

 

12.3. You must not attempt to hack or attack or attempt to gain unauthorised access to our Site, any part of it or any software or equipment connected to it.  We may take legal action against you and we may disclose your details to law enforcement agencies where we believe this is necessary or if we are required to disclose them by law. We may take any other action as we consider is necessary.

 

13. Our Liability

13.1. This section 13 does not apply to any goods, services or digital content that we may sell to you via this Site. Please refer to our terms and conditions of sale.

 

13.2. Nothing in this section 13 or these Terms shall exclude or place limits on our liability for any death or personal injury caused by our negligence or for any other liability which cannot be excluded or limited by law.

 

13.3. To the fullest extent permitted by law we exclude all liability for loss or damage arising out of or in connection with your use of our Site (including any inability to use our Site).  This exclusion covers, but is not limited to, liability for:

 

• any direct loss; 

• any loss of profit;

• any loss of revenue, anticipate savings or goodwill; or

• any indirect or consequential loss. 

 

13.4. To the fullest extent permitted by law, we exclude all representations and warranties relating to our Site and the content on it. 

 

13.5. As explained in section 8, we will not be liable for any loss or damage arising out of or in connection with your use of or reliance on any content on our Site. 

 

13.6. If you are a consumer, then none of these exclusions or limitations or other terms in these Terms affect your rights under consumer law. 

 

14. Intellectual Property Rights

14.1. Except in respect of content uploaded by visitors (see section 11) we own (or we are an authorised licensee) of all intellectual property rights on this Site and in the material and content published on it.  These are protected by worldwide intellectual property laws and we reserve all such rights. 

 

14.2. We grant to visitors of the Site a non-exclusive revocable licence to view and print the content appearing on the Site or any part of it, subject to the following conditions: 

 

• you may print one copy for your own personal use (but not for commercial use); 

• you may download extract(s) from our Site for your own personal use (but not for commercial use);

• you must not delete any copyright notice from any content which you print or download;

• you must acknowledge us (or the relevant person/contributor) as the author of the content; 

• you must not license or resell any content printed or downloaded from our Site; and

• you must not use any of our trademarks or any third party trademarks which appear on our Site without our express written permission (or that of the relevant third party). 

 

14.3. If you print or copy any content from our Site without complying with these Terms then your right to access our Site will end immediately and you must destroy, delete or return any copies of the content when and how we instruct you to. 

 

15. Links to our Site

You may link to our Site but any such link is subject to the following conditions: 

 

• the link must not damage our reputation; 

• you must ensure that the link does not in any way suggest that there is any kind of association between us and does not suggest that we promote or endorse you in any way; and

• we reserve the right to withdraw permission to you linking to our Site.

 

16. Severance

If any part of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant part shall be deemed deleted. Any modification to or deletion of such part under this clause shall not affect the validity and enforceability of the rest of these Terms.

 

17. Law and Jurisdiction

17.1. If there is ever any dispute between you and us, then it will be resolved using the law of  England and Wales. If you live in England or Wales, we both agree respectively that proceedings will be brought in the English courts. However, if you live in Scotland, you can bring proceedings in Scottish or English courts and if you live in Northern Ireland you can bring proceedings in Northern Irish or English courts.