Terms & Conditions
1. Introduction
1.1 This document (together with any documents referred to in it) tells you the terms and conditions (the 'Conditions') upon which I will sell the Goods and supply the Services to you. You may print a copy for future reference.
1.2 'Business Day' means a day other than a Saturday, Sunday or public holiday when banks in London are open for business.
1.3 'Event Outside My Control' has the meaning given in clause 17.
1.4 'Goods' means the goods listed on my website ('the Website') which I may supply.
1.5 'Services' means the services listed on the Website which I may supply.
1.6 Before confirming your order please read through these Conditions and in particular my cancellations and returns policy at clause 13 and limitation of my liability and your indemnity at clause 15.
1.7 By ordering any of the Goods or Services or Goods and Services, you agree to be legally bound by these Conditions. You will be unable to proceed with your transaction if you do not accept these terms and conditions.
2. About me
2.1 I, Richard Lawes (trading as RichardLawesPT), own and operate this website.
2.2 My email address is Richard@RichardLawesPT.co.uk.
3. Overseas orders
3.1 I may accept orders from individuals located outside the United Kingdom and ship overseas subject to you paying any additional shipping or postage costs.
3.2 I will inform you of any additional shipping or postage costs as soon as possible after you have placed the order. If you do not wish to pay these costs you may cancel your order. If you wish to continue with the order you must confirm to me that you will pay these additional costs within 7 days of me telling you what they will be. If I do not receive this confirmation from you within this time period, I will treat you as having cancelled your order.
3.3 Please note that when shipping products internationally, you should be aware that cross-border shipments are subject to opening and inspection by customs authorities.
3.4 If I agree to supply any goods ordered from the Website for delivery outside the United Kingdom, they may be subject to import duties and/or additional taxes or expenses incurred due to complying with foreign regulatory requirements or laws. You will be responsible for payment of any such duties and/or taxes in addition to my price including the cost of delivery (in the case of goods). Please note that I have no control over these charges and cannot predict their amount. Please contact your local customs office or taxation authority for further information before placing your order.
4. Eligibility to purchase from the Website
To be eligible to purchase the Goods and Services and lawfully enter into and form a contract with me, you must be 18 years of age or over.
5. Price
5.1 The prices of the Goods and Services are quoted on the order page.
5.2 Prices and any other charges quoted on the order page are based on delivery of the Goods and performance of the Services in the United Kingdom unless otherwise specified.
5.3 Prices quoted include the costs of delivery of the Goods.
5.4 Unless otherwise stated, the prices quoted exclude VAT (I am not VAT registered).
6. Payment
6.1 Payment can be made by any major credit or debit card.
6.2 By placing an order, you consent to payment being charged to your debit/credit card account as provided on the order form.
6.3 If you pay me by credit or debit card I will take payment from your card for the Goods when I dispatch the Goods to you.
6.4 You must pay 100 percent of the price of the Services in advance. If you pay me by credit or debit card I will take payment from your card in advance for the advance payment. I will take payment for the balance when I have sent you an invoice for the Services after I have performed the Services.
6.5 You must pay the amount of my invoice within 7 days of the date of invoice.
6.6 I shall contact you should any problems occur with the authorisation of your card.
7. Interest
7.1 Unless clause 7.2 applies, you must pay me interest on any amounts you owe me and fail to pay me on the due date at the rate of 3% a year above the base lending rate of Nationwide from time to time, accruing daily from the due date until the date of payment, whether before or after judgment.
7.2 I will not charge you interest
7.2.1 for the period of dispute in respect of an invoice that you dispute in good faith, provided you have advised me within a reasonable time of receiving it that you dispute it and your basis for disputing it.
7.2.2 until after I have performed the services again if I have a duty to do so.
8. Order process and formation of a contract
8.1 My Website, catalogue and brochure merely illustrate my Goods and the packaging of the Goods. Your computer may not accurately display the colours of the Goods. Although I aim to accurately depict my Goods and their packaging, there may be differences between the packaging and the colours of the Goods delivered to you and those shown on my Website and in my catalogue and brochure.
8.2 All orders are subject to acceptance and availability. If I am unable to supply you with the Goods or Services or Goods and Services in your order due to matters such as unavailability of stock, materials, key staff or an Event Outside My Control or because I have identified a mistake in the description of the Goods or Services or Goods and Services or the price stated by me, I will notify you. I will not proceed with the order and will refund any sums you have paid me.
8.3 If the Goods are temporarily unavailable, I will notify you by email of the date they are expected to be available. You will have the option either to wait until they are available or to cancel your order. If you cancel your order, I will refund any sums you have paid me.
8.4 Any order placed by you for the Goods or Services or Goods and Services constitutes an offer to purchase them from me.
8.5 You agree that if I contact you to acknowledge receipt of your order such communication shall not amount to my acceptance of your offer to purchase the Goods or Services or Goods and Services.
8.6 A 'Confirmation Notice' means an email which I send to you to confirm that I have dispatched the Goods and/or shall be providing the requested Services. A Confirmation Notice will be my acceptance of the offer made in the order to which that Confirmation Notice relates.
8.7 A contract between you and me for the supply of the Goods or Services or Goods and Services (the 'Contract') incorporating the version of these Conditions in force at the time of your order will come into existence when I send you the Confirmation Notice relating to your order. You may print and keep a copy of the Confirmation Notice for future reference.
8.8 If you think that there is a mistake in the Confirmation Notice or if you wish to make any changes, please contact me to discuss this. If you request a change, I will tell you if that is possible and about any changes to the price, delivery or performance dates or any other changes that I need to make as a result of your request. I will ask you if you wish to go ahead with the change.
8.9 I may make
8.9.1 minor technical adjustments to the Goods to improve them or to comply with relevant laws and regulatory requirements,
8.9.2 changes to these Conditions as a result of changes in any relevant laws and regulatory requirements,
8.9.3 changes to these Conditions as a result of changes in how I accept payment from you,
8.9.4 changes in the amount payable by you to the extent of any changes in the VAT included in the price or payable in relation to the price.
8.10 If I make any changes in accordance with clause 8.9 I will give you written notice of the changes before I supply the Goods or Services or Goods and Services. You can choose to cancel the contract if the change would be significantly to your disadvantage.
8.11 Any variation to these Conditions which have been incorporated into the Contract or to the Contract other than those mentioned in clause 8.9 shall only be binding when agreed in writing and signed by you and me.
9. Delivery
9.1 The Goods will be delivered to you at the address you provided during the order process which may be an address other than the billing address.
9.2 Any dates quoted for delivery of the Goods are approximate only. If no date is specified then it will take place as soon as reasonably possible, but in any event within 30 days of the date of the Confirmation Notice, unless there is an Event Outside My Control, in which case clause 17 shall apply.
9.3 Unless clause 9.4 applies, if I have agreed to deliver the Goods to a delivery address which you have given me, delivery shall occur when I place the Goods in the physical possession of you or anyone you have identified to me as the person authorised by you to take delivery of the Goods.
9.4 If you have asked me to use an independent carrier other than my normal carrier to deliver the Goods to you, delivery shall occur when I deliver the Goods to that carrier.
9.5 You must examine the Goods within a reasonable time after arrival and let me know as soon as reasonably possible if they are faulty, damaged or not as described.
9.6 If no one is present at your delivery address to take delivery, I will advise you of my attempted delivery. You must then contact me to make arrangements for me to deliver the Goods.
9.7 I may end the contract with you and charge you for any extra storage costs I have incurred if
9.7.1 I have agreed to deliver the Goods, you have not been available to take delivery on the date I agreed to deliver them, and I have not been able to re-arrange delivery within 14 Business Days of the original delivery date.
9.8 For Christmas deliveries, I recommend that you check the Website for the last order date. I will endeavour to dispatch all Goods that are in stock within 24 hours. However, I cannot guarantee delivery by 24 December.
10. Performance of Services
10.1 The Services will be performed at the address or by the means specified by me when I accept the order.
10.2 When I accept the order, I will confirm estimated start and completion dates for the performance of the Services. I will endeavour to perform the Services in accordance with these estimated dates and will perform the Services within a reasonable time from the date I accept the order.
10.3 In the event that an Event Outside My Control prevents me from performing the Services within a reasonable time from the date I accept the order, clause 17 will apply.
10.4 If I need to provide the Services at the premises occupied by you, you will provide access to the premises on the date I have agreed for the Services to be carried out.
10.5 If you fail to provide access to the premises on the agreed date,
10.5.1 you must pay me any additional costs incurred by me in providing the Services to you
10.5.2 in the event that despite my reasonable efforts I are unable to obtain access to the premises to provide the Services, I may end the contract with you. I will refund you any money you have paid less my reasonable costs incurred in attempting to perform the Contract.
10.6 If I need to install the Goods at the premises occupied by you, I will be entitled to assume that
10.6.1 the premises are adequately supplied with utilities including without limitation water, electricity, gas, telephone and internet connection,
10.6.2 the fittings, walls, pipes, wiring, gas installations and other parts of the premises to which the Goods must be attached are in good working order and suitable for such attachment, and
10.6.3 any goods to which the Goods must be attached are in good working order and suitable for such attachment.
10.7 If I ask you to provide me with information in order for me to provide the Services, you must provide me with complete and accurate information by the date I request that you provide it by, otherwise:
10.7.1 you must pay me any reasonable sum I charge you to cover any extra work that is necessary as a result of you providing incomplete or inaccurate information.
10.7.2 you must pay me any additional costs incurred by me in providing the Services to you resulting from you not providing such information to me by the date I have requested.
10.7.3 I may suspend the Services by giving you written notice unless you agree to pay such extra costs.
10.7.4 in the event that despite my reasonable efforts I are unable to obtain the requested information from you and are therefore unable to supply the Services, I may end the contract with you. I will refund you any money you have paid less my reasonable costs incurred in attempting to perform the Contract.
10.8 I will not be liable for any delay or non-performance due to your failure to provide me with complete and accurate information by the time I have requested.
10.9 If I suspend the Services under this clause, you do not have to pay for the Services while they are suspended, but you will remain liable to pay any invoices I have already sent you for Services I have already performed.
11. If there is a problem with the Services
11.1 If the Services provided do not conform to the Contract due to them not being provided with reasonable care and skill:
11.1.1 you should provide me with details of the problem as soon as reasonably possible;
11.1.2 if I repeat performance of the Services to fix the problem, I will do so at my own cost and as soon as reasonably practicable.
11.2 As a consumer, you have legal rights in relation to Services not carried out with reasonable skill and care, or if the materials I use are faulty or not as described. Nothing in these Conditions will affect these legal rights.
12. Risk and title
12.1 The Goods will be at your risk from the time of delivery.
12.2 Ownership of the Goods will only pass to you when I receive full payment of all sums due in respect of them including the cost of delivery.
13. Cancelling your Contract and returns
13.1 Cancelling before Confirmation Notice
13.1.1 You may cancel your order for the Goods or Services or Goods and Services by notifying me of your decision to cancel at any time prior to me sending you a Confirmation Notice.
13.1.2 You may notify me of your decision to cancel by:
13.1.2.1 completing a cancellation form found on my Website and emailing it as detailed below:
13.1.2.2 sending a statement saying that you wish to cancel quoting your name, address, the name or a description of the Goods or Services or Goods and Services and your order reference number by:
13.1.2.2.1 Email at Richard@RichardLawesPT.co.uk
13.2 Cancellation after Confirmation Notice
13.2.1 If the Contract is for the supply of Goods only or Goods and Services with the main purpose being the supply of Goods (such as the supply of a washing machine with an installation service) the 'Cancellation Period' means the period between the date I send you a Confirmation Notice and the expiry of 14 calendar days after the day you receive the Goods.
13.2.2 If the Contract is for the supply of Goods and Services with the main purpose being the supply of Goods and you wish me to begin to supply the Services before the expiry of the Cancellation Period in clause 13.2.1 you must request me to do this.
13.2.3 If the Contract is for the supply of Services only, or Goods and Services with the main purpose being the supply of Services (such as the supply of a course with accompanying learning materials),
13.2.3.1 the 'Cancellation Period' means the period of 14 days starting with and including the day after I send you a Confirmation Notice.
13.2.3.2 if you wish me to begin the supply of the Services during the Cancellation Period, you must request me to do this and you must acknowledge that you will lose the right to cancel once the Services have been fully performed.
13.2.3.3 Unless the Services have been fully performed under the Contract in accordance with your request and acknowledgement referred to in clause 13.2.3.2 and subject to clause 13.5, you may cancel the Contract within the Cancellation Period by notifying me of your decision to cancel.
13.2.3.4 you will lose your right to cancel the Contract once the Services have been fully performed in accordance with your request and acknowledgement.
13.2.4 You may notify me of your decision to cancel by:
13.2.4.1 completing a cancellation form found on my Website and emailing it as detailed below:
13.2.4.2 sending a statement saying that you wish to cancel quoting your name, address, the name or a description of the Goods or Services or Goods and Services and your order reference number by:
13.2.4.2.1 Email at Richard@RichardLawesPT.co.uk
13.2.5 If you cancel the Contract after I have begun the supply of the Services in accordance with your request, you must pay me for the Services I supplied to you before I received notice of your cancellation.
13.3 Return of Goods
13.3.1 Upon receiving notice of your cancellation, I will contact you and provide details of where you must return the Goods and other relevant instructions. You must then return the Goods to me without delay and at the latest within 14 days of notifying me of your cancellation.
13.3.2 You must return the Goods at your own risk and at your own cost unless I offer to pay the cost of return. I may offer to collect the Goods from you and charge you for the cost of collecting the Goods. If I offer to collect the Goods, I will contact you to ascertain whether you agree to me collecting the Goods, whether you agree to pay the costs of collection if I am charging you for collection, and if so, to make arrangements for collection. If you agree to pay the costs of collection, I may deduct this from any sum I owe you.
13.3.3 If the value of the Goods is reduced as a result of your handling of them beyond what is necessary to determine the nature, characteristics or functioning of the Goods, I will be entitled to claim this reduction in value from you and to deduct it from any money which you have paid me.
13.4 Refunds on cancellation
13.4.1 So long as you are entitled to cancel and have complied with your obligations under clauses 13.2 and 13.3, I will refund you the balance of the price you paid to me after deducting:
13.4.1.1 the value of the Services I supplied before I received your cancellation notice;
13.4.1.2 any reduction in the value of the Goods in accordance with clause 13.3.3; and
13.4.1.3 any cost to me of collecting the Goods (if applicable).
13.4.2 If the Contract is for the supply of goods only, or for goods and services with the main purpose being the supply of goods, unless I have agreed to collect the Goods from you, I will refund you the sum in clause 13.4.1 within 14 days after the earlier of:
13.4.2.1 the day on which I receive the Goods back from you, or
13.4.2.2 the day on which you supply evidence to me that you have sent the Goods back to me.
13.4.3 If the Contract is for the supply of goods only, or for goods and services with the main purpose being the supply of goods and I have agreed to collect the Goods from you, I will refund you the sum in clause 13.4.1 within 14 days of my receipt of your cancellation notice.
13.4.4 If the Contract is for the supply of services only or for the supply of goods and services with the main purpose being the supply of services, I will refund you the sum in clause 13.4.1 within 14 days of my receipt of your cancellation notice.
13.4.5 I will refund you the sum in clause 13.4.1 using the same method of payment used by you, unless you agree to a refund by a different method of payment.
13.5 Exception to the right to cancel
You will not have a right to cancel in the following situations:
13.5.1 The Contract is for goods which are bespoke or have been personalised (such as personalised programs).
13.5.2 The Contract is for goods and/or services the price of which is dependent on fluctuations in the financial market which cannot be controlled by me.
13.5.3 The Contract is for accommodation, transport of goods, vehicle rental services, catering or services related to leisure activities where there is a specific date or period for performance.
13.5.4 The Contract is for the supply of sealed audio or video recordings and computer software and they have become unsealed after delivery.
13.5.5 The Contract is for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and they have become unsealed after delivery.
13.5.6 The Contract is for the supply of newspapers, magazines and other periodicals, except for subscription contracts.
13.5.7 The Contract is for the supply of goods which have become mixed inseparably with other items after delivery.
14.Complaints
If you have a comment, concern or complaint about any Goods and Services you have purchased from me, please contact me by email at Richard@RichardLawesPT.co.uk.
15.Liability and indemnity
15.1 I have a duty to supply Goods and Services to you that conform to the Contract including a duty to ensure that
15.1.1 the Goods are as described in the contract
15.1.2 the Goods correspond to any samples I have sent you
15.1.3 the Goods are fit for any purpose you specifically told me they were required for, and are not faulty
15.1.4 the Services are carried out with reasonable care and skill
15.2 I cannot exclude my liability for a failure to comply with these duties mentioned in this sub-clause. Nothing in these Conditions affects your legal rights if these duties are not complied with. You can obtain advice about your legal rights from Citizens Advice if you need to.
15.3 I cannot exclude or limit my responsibility to you for:
15.3.1 Death or personal injury resulting from my negligence or the negligence of my employees
15.3.2 Fraud or fraudulent misrepresentation
15.3.3 A claim for a defective product against me if I do not give you the name of the person who supplied the product to me within a reasonable time of your request for me to do so.
15.4 I am responsible for foreseeable loss or damage which you suffer as a result of a breach by me of the Contract or as a result of my failure to act with reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both you and I knew it might happen, for example, if you discussed it with me during the sales process. I am not responsible for unforeseeable losses.
15.5 You are purchasing the Goods or Services or Goods and Services as a consumer. If you purchase the Goods or Services or Goods and Services for any business purpose including for re-sale, I will not be liable for any business losses, loss of profits, loss of contracts, loss of business opportunities, loss of management time, loss of business data or losses due to interruption of your business.
15.6 I will not be responsible for any delay in delivering the Goods and performing the Services if
15.6.1 I have asked you to provide specified information that is necessary for delivering the Goods and performing the Services and
15.6.2 you have failed to provide complete and accurate information or you have provided such information later than the date I have asked you to supply it by.
15.7 I will not accept liability for any damage caused by pre-existing defects in any fittings, walls, pipes, wiring, gas installations in your premises or to any goods to which I connect or install or attach the Goods unless I have been negligent in not realising that such damage may occur or in the way I did the work.
16. My rights of termination
I reserve the right to terminate the Contract by writing to you if you fail to make any payment to me when due and you still do not make payment within 14 days of me reminding you that payment is due.
17. Events outside my control
17.1 Except for my obligations under this clause, I shall not be responsible for delays or failures in delivery or performance of my obligations to you resulting from any act, event, omission, failure or accident outside my reasonable control ('Event Outside My Control').
17.2 I will take all reasonable steps to minimise a delay in performing my obligations to you which arises from an Event Outside My Control.
17.3 I will promptly notify you of any Event Outside My Control which prevents me from or delays me in performing my obligations to you, giving details of it and (where possible) the extent and likely duration of any delay.
17.4 My performance will be deemed to be suspended for the period that the Event Outside My Control continues.
17.5 You may end the Contract after I have notified you of an Event Outside My Control and I will then refund you any money you have paid to me under the Contract for the Goods and Services which I have been unable to deliver to you.
18. Use of personal data
18.1 I envisage that I will request personal information from you whilst you use my website. This information will only be requested and processed in accordance with my Privacy Policy, which can be found at Privacy Policy.
18.2 In brief, I will act fairly in connection with personal information requested from you, when I request information I will alert you to my Privacy Policy, and unless the information is necessary for a reason specified in the UK General Data Protection Regulation (UK GDPR) I will only process it with your consent. Before receiving your information I'll endeavour to provide the information required by the UK GDPR.
19. Third party rights
Except for my affiliates, directors, employees or representatives, a person who is not a party to the Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
20. Alternative Dispute Resolution
In the event of a dispute concerning these Conditions or the Contract, including their interpretation and their application to the circumstances giving rise to the dispute, you or I may refer the dispute to Alternative Dispute Resolution 'ADR'.
21. Other important terms
21.1 I reserve the right to change the domain address of this Website and any services, products, product prices, product specifications and availability at any time.
21.2 Every effort is made to keep information regarding stock availability on the Website up to date. However, I do not guarantee that this is the case, or that stock will always be available.
21.3 If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Contract and the remainder of the provision in question will not be affected.
21.4 All Contracts are concluded in English only.
21.5 If I fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under it or any of these terms and conditions, or if I fail to exercise any of the rights or remedies to which I am entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with your obligations.
21.6 A waiver by me of any default shall not constitute a waiver of any subsequent default.
22. Governing law
These Conditions and the Contract are governed by the laws of England and Wales. However, if you live outside England and Wales, you are always entitled to any compulsory consumer protections applicable in the country where you live.
23. Governing jurisdiction
You can bring legal proceedings in respect of the Goods or Services or Goods and Services in the courts of England and Wales. If you live in Scotland you can bring legal proceedings in respect of the Goods or Services or Goods and Services in either the courts of Scotland or England and Wales. If you live in Northern Ireland you can bring legal proceedings in respect of the Goods or Services or Goods and Services in either the courts of Northern Ireland or England and Wales. If you live in the EU, you can bring legal proceedings in respect of the Goods or Services or Goods and Services in either the courts of your home country or England and Wales.
Terms and conditions of RichardLawesPT.co.uk use
Please read these terms and conditions (these 'Terms') carefully as they contain important information about your rights and obligations when using this website (the 'Website') and in particular clause 10.6 and 10.7. You should print a copy of these terms for future reference.
This Website is provided by Richard Lawes (trading as RichardLawesPT).
1. How these Terms apply
1.1 By using the Website you are agreeing to comply with and be bound by these Terms regarding the use of the Website in consideration for me allowing you to access and use the Website. You must not use the Website if you do not agree to comply with and be bound by these Terms.
1.2 Use of the Website includes accessing, browsing or registering for the Website.
1.3 I reserve the right to change these Terms at any time. I will take reasonable steps to make you aware of any changes to the Terms, for example by posting them on the Website. You agree to be bound by the version of these Terms displayed on the Website at the time you use it.
1.4 These Terms refer to the following, which also apply when using this Website:
a. Privacy Policy, which can be found at Privacy Policy
2. Access
2.1 You are responsible for making all arrangements necessary for you to have access to the Website.
2.2 You are responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms, and that they comply with them.
2.3 I make reasonable efforts to ensure that the Website is available to view and use 24 hours a day throughout each year; however, this is not guaranteed. The Website may be temporarily unavailable at any time because of server or systems failure or other technical issues, or reasons that are beyond my control, required updating, maintenance or repair.
2.4 Where possible, I will try to give you advance warning of maintenance issues but shall not be obliged to do so.
3. Registering on this Website
3.1 By registering on the Website you undertake:
a. That all the details you provide to me for the purpose of registering on the Website are accurate and complete in all respects
b. You will notify me immediately of any changes to the information provided on registration
c. You are over 18 or if under 18 you have a parent or guardian's permission to register with the Website under their supervision
d. To only use the Website using your own username and password
e. To make every effort to keep your password safe
f. Not to disclose your password to anyone
g. To change your password or to tell me immediately upon discovering that it has been used without your permission
h. To neither transfer or sell your username or password to anyone, nor permit, either directly or indirectly, anyone other than you to use them
i. To be responsible for all actions taken under your username and password
3.2 I reserve the right to suspend or terminate your access to the Website if you breach your undertakings in this clause.
4. Intellectual property
4.1 In these Terms, Intellectual Property Rights mean copyright (including design copyrights), trade marks, patent, database and other intellectual property rights and similar proprietary rights which include, (without limitation), all rights in software, design, materials, works, techniques, computer programs, source codes, data, technical information, trading business brand names, goodwill, service marks, the style or presentation of the goods or services, creations, inventions or improvements upon or additions to an invention, confidential information, know-how and any research effort relating to Richard Lawes (trading as RichardLawesPT), moral rights and any similar rights in any country (whether registered or unregistered and including applications for and the right to apply for them in any part of the world).
4.2 The software code contained in and related to the Website and the materials on the Website including text, images, videos, photographs and other materials are protected by Intellectual Property Rights owned by me and my licensors. You acknowledge that the Intellectual Property Rights in the Website and any software code used with and material supplied as part of the Website shall remain with me or my licensors.
4.3 Subject to clause 5 you may:
a. retrieve and display materials on the Website on a computer screen;
b. download and store in electronic form materials on the Website; and
c. copy and print one copy only of materials on the Website.
4.4 Copying, downloading, storing or printing the materials on the Website for any reason other than personal use or in accordance with clause 5.2.b is expressly prohibited.
4.5 You agree that you will not (and will not assist or facilitate any third party to) otherwise reproduce, modify, copy, distribute, transmit, publish, display, commercially exploit or create derivative works from any of the materials on the Website.
4.6 No licence is granted to you to use any of my trade marks or those of my affiliated companies.
4.7 You agree that you will not use my Intellectual Property Rights in any way other than allowed under these Terms and any infringement by you of my Intellectual Property Rights will be a breach of these Terms.
5. Use of the Website
5.1 You are permitted to use the Website and the material contained in it only as expressly authorised by me and in accordance with these Terms as may be amended from time to time without notice to you.
5.2 Provided that you comply with the other provisions of this clause, you may download or print one copy only of pages of my website:
a. for your own private use; or
b. to draw attention to the content of my website to members of your organisation.
5.3 You must not:
a. download or print pages of the Website for commercial use other than use permitted by clause 5.2.b;
b. alter the content of any webpage you download or print; or
c. use any images, videos or photographs on the webpage without the accompanying text.
5.4 You must:
a. keep intact all and any copyright and proprietary notices accompanying or attached to the materials on the Website you download, copy, store or print;
b. acknowledge me as the owners of the content of the Website;
c. erase any pages of the Website or materials on those pages downloaded other than in accordance with this clause; and
d. destroy any pages of the Website or materials on those pages printed other than in accordance with this clause.
5.5 You must not modify, adapt, translate, reverse engineer, decompile or disassemble any code or program used by or in connection with the Website. You must contact me to request my consent if you wish to take any such action to create an interoperable program and I may provide such consent if you provide me with the information I request.
5.6 I provide access to and use of the Website on the basis that I exclude all representations, warranties and conditions to the maximum extent permitted by law.
5.7 I reserve the right to:
a. Make changes to the information or materials on this Website at any time
b. Temporarily or permanently change, suspend or discontinue any aspect of the Website, including the availability of any features, information, database or content or restrict access to parts of or the entire Website without notice or liability to you or any third party
c. Refuse to post material on the Website or to remove material already posted on the Website
5.8 You may not use the Website for any of the following purposes:
a. Disseminating any unlawful, harassing, libellous, abusive, threatening, fraudulent, malicious, harmful, vulgar, obscene, or otherwise objectionable material
b. Stalking, harassing, threatening, blackmailing any person or violating or interfering with the rights of any other person including their right to privacy
c. Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise
d. Breaching any applicable local, national or international laws, regulations or code of practice
e. Gaining unauthorised access to other computer systems
f. Interfering with any other person's use or enjoyment of the Website
g. Breaching any laws concerning the use of public telecommunications networks
h. Interfering with, disrupting or damaging networks or websites connected to the Website
i. Utilisation of data mining, robots or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of the Website or the contents of the Website
j. To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation
k. To create and/or publish your own database that features all or substantial parts of the Website or the contents of the Website
l. Making, transmitting or storing electronic copies of materials protected by copyright without the prior permission of the owner
m. Selling or re-selling or using for commercial purposes any of the content of or access to the Website or using for commercial purposes any of the content of or access to the Website
n. To represent to others that there is any connection between the Website and your business or your views and opinions or that I endorse you or anything connected to you
5.9 In addition, you must not:
a. Knowingly introduce viruses, Trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful to the Website
b. Impersonate any other person or fraudulently provide me with incorrect information
c. Attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to it
d. Attack the Website via a denial-of-service attack or a distributed denial-of service attack
e. Damage, disrupt or interfere with any part of the Website, any equipment or network on which the Website is stored or any software used for the provision of the Website
f. Remove any copyright notice or notice of any other intellectual property right from the Website or any materials on the Website
5.10 A breach of clause 5.9 or 5.8 may be a criminal offence under the Computer Misuse Act 1990. I may report any such breach to the relevant law enforcement authorities and disclose your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
6. Suspending or terminating your access
I reserve the right to terminate or suspend your access to the Website immediately and without notice to you if:
6.1 You breach these Terms (repeatedly or otherwise)
6.2 You are impersonating any other person or entity
6.3 When requested by me to do so, you fail to provide me within a reasonable time with sufficient information to enable me to determine the accuracy and validity of any information supplied by you, or your identity
6.4 I suspect you have engaged, or are about to engage, or have in any way been involved, in fraudulent, defamatory or illegal activity on the Website
7. Linking to the Website
7.1 You must not create a link to the Website from another website, document or any other source without first obtaining my prior written consent.
7.2 Any agreed link must:
a. Be to the Website's homepage and not to any other page on the Website
b. Be established from a website or document that is owned by you and does not contain content that is offensive, controversial, defamatory, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law in the UK and the law in any country from which they are hosted
c. Be provided in such a way that is fair and legal and does not damage my reputation or take advantage of it
d. Not suggest any form of association, approval or endorsement on my part where none exists
e. Not cause the Website or content on the Website to be embedded in or 'framed' by any other website
f. Not cause the content of the Website to be displayed differently from the way it appears on the Website
7.3 I have no obligation to inform you if the address of the Website home page changes and it is your responsibility to ensure that any link you provide to my homepage is at all times accurate.
7.4 I reserve the right to withdraw my consent without notice and without providing any reasons for withdrawal. Upon receiving such notice you must immediately remove the link and inform me once this has been done.
8. External links
To provide increased value and convenience to my users, I may provide links to other websites or resources for you to access at your sole discretion and risk. You acknowledge and agree that, as you have chosen to enter the linked website I am not responsible for the availability of such external sites or resources, and do not review or endorse and am not responsible or liable in any way, whether directly or indirectly, for:
8.1 The privacy practices of such websites
8.2 The content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources
8.3 The use which others make of these websites
8.4 Any damage, loss or offence caused or alleged to be caused to you, arising from or in connection with the use of or reliance upon any such advertising, content, products, goods, materials or services available on and/or purchased by you from such external websites or resources
9. Disclaimer
9.1 The content on the Website is provided for general information only. It is not intended to be advice on which you should rely. It shall be your responsibility to ensure that any products, services or information available through the Website meet your specific requirements.
9.2 I attempt to ensure that the information available on the Website at any time is accurate. However, I do not guarantee the accuracy or completeness of material on this Website. I use all reasonable endeavours to correct errors and omissions as quickly as practicable after becoming aware or being notified of them. I make no commitment to ensure that such material is correct or up to date.
9.3 The Website is provided on an 'as is' and 'as available' basis without any representation or endorsement made and I make no warranties or guarantees, whether express or implied, statutory or otherwise (unless otherwise expressly stated in these Terms or required by law).
9.4 I make no representation or warranty of any kind express or implied statutory or otherwise regarding the availability of the Website or that it will be timely or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs.
9.5 I will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website and I accept no liability of any kind for any loss or damage from action taken in reliance on material or information contained on the Website.
9.6 You are responsible for maintaining appropriate anti-virus software on and appropriately configuring the technological devices, platform and computer programs you use to access the Website that are in your control. You must bear the risk associated with the use of the internet. In particular, I will not be liable for any damage or loss caused by a distributed denial-of-service attack, any viruses, Trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful that may infect your computer, peripheral computer equipment, computer programs, data or other proprietary material as a result of your use of the Website or you downloading any material posted or sold on the Website or from any website linked to it.
10. Limitation of liability and indemnity
10.1 If you are a consumer, nothing in these Terms affects your legal rights. You can obtain advice about your legal rights from Citizens Advice if you need to.
10.2 I cannot exclude or limit my responsibility to you for:
a. Death or personal injury resulting from my negligence
b. Fraud or fraudulent misrepresentation
c. Action pursuant to section 2(3) of the Consumer Protection Act 1987
d. Any liability, right or remedy which I cannot exclude or limit pursuant to the Consumer Rights Act 2015
e. Any other matter for which it would be unlawful for me to exclude or attempt to exclude my liability
10.3 I will not be liable, in contract or tort (including, without limitation, negligence), or in respect of pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise for the below mentioned losses where they have arisen from use of or inability to use the Website for commercial purposes, or use of or reliance on any material or content displayed on the Website or on any linked websites for commercial purposes:
a. Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings)
b. Any loss of goodwill or reputation
c. Any special or indirect losses
d. Any loss of data
e. Wasted management or office time
f. Any other loss or damage of any kind
10.4 If you are not a consumer I exclude all liability, including any liability in negligence, arising from your use or inability to access or use the Website other than that referred to in clause 10.2.
10.5 If you are a consumer, I am responsible for foreseeable loss or damage which you suffer as a result of a breach by me of the Terms or as a result of my failure to act with reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both I and you knew it might happen, for example, if you discussed it with me before using the Website. I am not responsible for unforeseeable losses.
10.6 If you are not a consumer, you agree to fully indemnify, defend and hold me, my officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, including but not limited to losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, including reasonable administrative and legal costs, arising out of any breach of these Terms by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal information with your authority.
10.7 If you are a consumer you agree to fully reimburse me, my officers, directors, employees and suppliers for all losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, including reasonable administrative and legal costs, arising out of any breach of these Terms by you, or any other act or omission by you in using the Website or by any other person accessing the Website using your personal information with your authority that results in any legal responsibility on my part to any third party.
11. Use of personal data
11.1 I envisage that I will request personal information from you whilst you use my website. This information will only be requested and processed in accordance with my Privacy Policy, which can be found at Privacy Policy.
11.2 In brief, I will act fairly in connection with personal information requested from you, when I request information I will alert you to my Privacy Policy, and unless the information is necessary for a reason specified in the UK General Data Protection Regulation (UK GDPR) I will only process it with your consent. Before receiving your information, I'll endeavour to provide the information required by the UK GDPR.
12. General
12.1 I reserve the right to change the domain address of this Website and any services, products, product prices, product specifications and availability at any time.
12.2 Each of the sub-clauses of these Terms should be considered separately. If any of these Terms are found to be unenforceable, invalid or illegal, the rest of these Terms will continue to have full effect.
12.3 These Terms are in English only.
12.4 We will not lose my rights under these Terms by reason of any delay by me in enforcing those rights. I will not be bound by any agreement not to enforce my rights under these Terms unless I have agreed not to do so in writing.
12.5 Any delay by me in enforcing my right, non-enforcement of my rights or agreement not to enforce my rights in respect of one breach by you of these Terms will not prevent me from fully enforcing my rights in respect of any other breach by you of these Terms.
13. Governing law and jurisdiction
13.1 The Website is controlled and operated in the United Kingdom.
13.2 If you are a business, these Terms are governed by the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction over legal proceedings in connection with your use of the Website, any breach of these Terms and any question in connection with the interpretation or application of these Terms.
13.3 If you are a consumer, these Terms are governed by the laws of England and Wales and you can bring legal proceedings in the courts of England and Wales. If you live in Scotland you can bring legal proceedings in either the courts of Scotland or England and Wales. If you live in Northern Ireland you can bring legal proceedings in either the courts of Northern Ireland or England and Wales. If you live in an EU country, you can bring legal proceedings in either the courts of your home country or England and Wales.