1.1. This document (together with any documents referred to in it) tells you the terms and conditions (the ‘Conditions’) upon which we will supply the Services and license the Digital Content listed on this website (the ‘Website’) to you.
1.2. We remain the owners of the Digital Content at all times and do not sell the Digital Content to you.
1.3. Before confirming your order please:
1.3.1. Read through these Conditions and in particular our cancellations and returns policy at clause 15 and limitation of our liability and your indemnity at clause 19
1.3.2. Print a copy for future reference
1.4. By ordering any of the Services and Digital Content listed on this Website, 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 as may be modified or amended and posted on this Website from time to time.
1.5. We reserve the right to revise and amend the Website, our disclaimers and the Conditions at any time without notice to you. Your continued use of the Website (or any part thereof) following a change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether we have changed these Conditions.
2. About us
2.1. This Website is owned and operated by Renewables First Ltd (‘we’/’us’/’our’), a limited company registered in England and Wales under company number: 6975396 having our registered office at The Mill, Brimscombe Hill, Brimscombe, Stroud, Gloucestershire, GL5 2QG. Our VAT Number is: GB -975 8598 37.
2.2. Our telephone number is 01453 887744.
2.3. We are a member of the RenewableUK, a publicly accessible trade register. We can be identified on the register by Company Name. Details of the trade register can be found at http://www.renewableuk.com/en/membership/member-directory.cfm/company/8ffaa82f-e9fb-e111-948900155d8b4009.
3.1. You agree that email and other electronic communications can be used as a long-distance means of communication and acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
3.2. We will contact you by email or provide you with information by posting notices on our Website.
4. Overseas orders
4.1. Our Website is only intended for use by customers resident in England, Wales, Scotland and Northern Ireland (the United Kingdom).
4.2. We may accept your order if you are resident in the European Economic Area (EEA), subject to reserving a right to amend the specifications or standards of the services and digital content offered on the Website, and/or these Conditions or to refuse to accept an order from you, if it will put an excessive strain on our business or if we have an objective reason for doing so. If we accept your order, you will be liable to pay for all and any additional costs that we incur in order to facilitate your order. You will have an opportunity to cancel your order in case the additional costs are not acceptable.
4.3. If we agree to supply any services and digital content 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 our price including VAT. Please note that we 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.
4.4. You must comply with all applicable laws and regulations of the country for which the Services and Digital Content are destined. We will not be liable for any breach by you of any such laws.
5.1. When first using the order process you will be automatically registered on the Website. Your email address will be your username and you will be sent a unique password. You are responsible for all actions taken under your username and password.
5.2. By registering on the Website you undertake:
5.2.1. That all the details you provide to us for the purpose of registering on the Website and purchasing the Services and using the Digital Content are true, accurate, current and complete in all respects
5.2.2. To notify us immediately of any changes to the information provided on registration or to your personal information
5.2.3. That you are over 18 or if under 18 you have a parent or guardian’s permission to register with and purchase the Services and use the Digital Content accessed from this Website in conjunction with and under their supervision
5.2.4. To only use the Website using your own username and password
5.2.5. To make every effort to keep your password safe
5.2.6. Not to disclose your password to anyone
5.2.7. To change your password immediately upon discovering that it has been compromised
5.2.8. To neither transfer or sell your username or password to anyone, nor permit, either directly or indirectly, anyone other than you to use them
5.3. You authorise us to transmit your name, address and other personal information supplied by you (including updated information) to obtain information from third parties about you, including, but not limited to, credit reports and so that we may authenticate your identity.
6. Eligibility to purchase from the Website
6.1. To be eligible to purchase the Services and use the Digital Content accessed on this Website and lawfully enter into and form contracts with us, you must:
6.1.1. Be 18 years of age or over
6.1.2. Be legally capable of entering into a binding contract
6.1.3. Provide full details of an address in the United Kingdom or the European Economic Area (if you reside in the EEA) for the performance or delivery of the Services and Digital Content
6.2. If you are under 18, you may only use the Website in conjunction with, and under the supervision of, a parent or guardian. If you do not qualify, you must not use our Website.
7.1. We grant you a non-transferable, non-exclusive licence to use the Digital Content in accordance with the terms set out in these Conditions and the rules, policies and terms listed on our Website (the ‘Licence’). By starting to download, stream or otherwise access (‘access’) the Digital Content, you agree to comply with all the terms of the Licence and you must not access the Digital Content if you do not agree to comply with them.
7.2. We reserve all rights other than those granted in clause 7.1.
7.3. If any open-source software is included in the Digital Content, you will also be bound by the licence terms applicable to that open-source software which, where appropriate, may override some of the terms of this Licence.
7.4. You acknowledge that you have no right to access the source code of any Digital Content supplied to you.
7.5. You may access, view, display, store and use the Digital Content on any device for your personal purposes only.
7.6. You may only access the Digital Content on devices in the United Kingdom unless we have agreed otherwise, and you agree that we can use technological means to verify the geographic location of your device. You agree not to use proxy networks or any other technologies to spoof or hide your geographic location.
7.7. You acknowledge and accept that Digital Content may be made available to you with accompanying security technologies including technical protection measures which are supplied as an inseparable part of the Digital Content.
8. Licence restrictions
8.1. You must:
8.1.1. keep the Digital Content and all copies of the Digital Content in your possession secure
8.1.2. include the copyright notices supplied with the Digital Content on any copies you make of the Digital Content
8.1.3. comply with all laws and regulations relating to the accessing and use of the Digital Content
8.2. You must not:
8.2.1. copy or allow copying of the Digital Content for any purpose other than is incidental to backing it up or is necessary to use it in accordance with the Licence
8.2.2. sub-license, rent, lease or loan the Digital Content or transfer it in any way or make it available in any way for use on any device belonging to any another person
8.2.3. alter, modify or combine the Digital Content with any other digital content or attempt to use altered, modified or combined forms of the Digital Content without our prior written consent
8.2.4. reverse-engineer, decompile or disassemble the Digital Content or use it in any way to create a derivative product
8.2.5. use the Digital Content in any unlawful manner or for any unlawful purpose
8.2.6. act fraudulently or maliciously in any way in using or in relation to the Digital Content
8.2.7. attempt to disable, by-pass, override or otherwise prevent from working any security technologies including technical protection measures which accompanied the Digital Content when it was made available to you
8.2.8. use the Digital Content in any way which would damage, impair or interfere with our systems, security or provision of the Digital Content or the lawful use of the Digital Content by any other person
8.2.9. interfere with, attempt to obtain or obtain any data or information in relation to our systems and our provision of the Digital Content
8.2.10. use the Digital Content in any way which infringes any Intellectual Property rights in the Digital Content belonging to us, our licensors or any other person
9. Requirements for Digital Content
In order to access and use the Digital Content you will need to have Adobe Acrobat Reader installed and operational on your device. If you do not have this installed then it is available via a free download on the Adobe website at https://get.adobe.com/reader/?loc=uk
10.1. The prices of the Services and Digital Content are quoted on the Website.
10.2. Unless otherwise stated, the prices quoted are for performance of the Services in the United Kingdom and for making the Digital Content available in the United Kingdom.
10.3. Unless otherwise stated, the prices quoted include VAT.
10.4. We reserve the right, by giving notice to you at any time before delivery or performance of our obligations to you, to increase the price of the Services and Digital Content to reflect any increase in the cost to us due to any factor beyond our control (such as without limitation, any foreign exchange fluctuation, significant increase in the costs of labour, materials or other costs of manufacture). In the unlikely event of this occurring, you shall be entitled to cancel the order at any time before delivery or performance of our obligations to you or the expiry of the Cancellation Period in clause 15.2 whichever is later.
11.1. Payment can be made by any major prepay, credit or debit card or through an electronic payment account as explained on the order form.
11.2. By placing an order, you consent to payment being charged to your prepay/debit/credit card account or electronic payment account as provided on the order form.
11.3. Payment will be debited and cleared from your account before the provision of the Service or making available of the Digital Content to you.
11.4. When you pay for your order by card, we carry out certain checks which include obtaining authorisation from your card issuer to ensure you have adequate funds and for security reasons. This may involve validating your name, address and other personal information supplied by you during the order process against appropriate third party databases including the card issuer, registered credit reference agencies and fraud prevention agencies.
11.5. By accepting these Conditions you:
11.5.1. Undertake that all the details you provide to us for the purpose of purchasing the Services and using the Digital Content are correct and that the payment card you are using is your own and that there are sufficient funds to cover the cost of the Services and Digital Content ordered
11.5.2. Undertake that any and all Services and Digital Content ordered by you are for your own private domestic or private business use only and not for resale or sub-licensing, or if for resale you will ensure that the ultimate end user receives all of the Digital Content including, for the avoidance of doubt, our company name, contact details and logo.
11.5.3. Authorise us to transmit the payment and delivery information provided by you during the order process (included any updated information) for the purpose of obtaining authorisation from your card issuer to ensure you have adequate funds, to authenticate your identity, to validate your payment card and for other security reasons, such as fraud prevention
11.6. We shall contact you should any problems occur with the authorisation of your card.
11.7. We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part, we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from our Website.
12. Order process and formation of a contract
12.1. All orders are subject to acceptance and availability. If any Services and Digital Content ordered are not available, you will be notified by email and you will have the option either to wait until the item is available or to cancel your order. It is your responsibility to provide us with a valid email address so that we can contact you if necessary.
12.2. Any order placed by you constitutes an offer to purchase the Services and take a licence of the Digital Content from us.
12.3. On placing an order for Digital Content, you offer to comply with all the terms of the Licence.
12.4. All such offers received from you are subject to acceptance by us and we reserve the right to refuse any order placed by you at any time prior to acceptance, without providing an explanation.
12.5. You shall be responsible for ensuring the accuracy of the details provided by you during the order process and we will not accept an order unless all details requested from you have been entered correctly.
12.6. You agree that if we contact you to acknowledge receipt of your order such communication shall not amount to our acceptance of your offer to purchase the Services and take a licence of the Digital Content ordered by you from the Website.
12.7. Subject to clause 12.10, a contract between you and us (the ‘Contract’) incorporating these Conditions will only subsist after we have debited your payment card and have confirmed that we shall be providing the requested Service and/or shall be making the Digital Content available. We will send you an email to confirm this (a ‘Confirmation Notice’). The Confirmation Notice will amount to an acceptance of your offer to purchase the Services and take a licence of the Digital Content from us. The Contract will be formed when we send you the Confirmation Notice (whether or not you receive it).
12.8. The Contract will relate only to the Services and Digital Content stated in the Confirmation Notice. We will not be obliged to supply any other Services and Digital Content which may have been part of your order until we have sent you a separate Confirmation Notice relating to it.
12.9. You must check that the details contained in the Confirmation Notice are correct and you should print out and keep a copy of it.
12.10. In the event that we make the Digital Content available to you prior to sending you a Confirmation Notice, our making the Digital Content available to you will be acceptance of your order in relation to the Digital Content. You must comply with the Licence and these Conditions insofar as they apply to the Digital Content from the time you access the Digital Content.
12.11. You will be subject to the version of our policies and Conditions in force at the time that you order the Services and Digital Content from us, unless:
12.11.1. Any change to those policies or these Conditions is required to be made by law or governmental authority
12.11.2. We notify you of any change to our policies or these Conditions before we send you the Confirmation Notice, in which case, we are entitled to assume that you have accepted it, unless we receive written notification from you to the contrary within seven calendar days of receipt of the Confirmation Notice
13. Performance of Services
13.1. The Services will be performed at the address or by the means specified in the Confirmation Notice.
13.2. The Services will be performed within a reasonable time from the date of the Confirmation Notice.
13.3. We will not be liable for any delay in performing the Services, however caused.
14. Delivery of Digital Content
14.1. The Digital Content will be supplied in the form of an Adobe PDF document. The requirements to access the digital content are specified in Section 9.
14.2. The Digital Content will be made available within a reasonable time from the date of the Confirmation Notice.
14.3. We will not be liable for any delay in making the Digital Content available, however caused.
15. Cancelling your Contract and returns
15.1. Cancelling before receiving a Confirmation Notice
15.1.1. You may cancel your order for the Services and Digital Content at any time prior to receiving a Confirmation Notice from us by notifying us of your decision to cancel.
15.1.2. You may notify us by sending us an email to [email protected] or a letter to The Mill, Brimscombe Hill, Brimscombe, Stroud, Gloucestershire, GL5 2QG quoting your name, address, the name or a description of the Services and Digital Content and your order reference number.
15.2. Cancellation after receiving a Confirmation Notice
15.2.1. If you wish us to begin to supply the Services and Digital Content before the expiry of 14 calendar days after the date of the Confirmation Notice (the ‘Cancellation Period’), you must request us to begin the supply of the Services and consent to us beginning the supply of the Digital Content and you must acknowledge that you will lose the right to cancel once work to provide the Services has begun. The option to allow us to start the supply of the Services prior to the expiry of 14 calendar days after the date of the Confirmation Notice is contained in your order Confirmation Notice email.
15.2.2. Unless we have started the work to provide the Services under this Contract in accordance with your request, consent and acknowledgement referred to in clause 15.2.1 you may cancel this Contract within the Cancellation Period by notifying us of your decision to cancel. You will lose your right to cancel this Contract once we have started the work to provide the Services in accordance with your request, consent and acknowledgement.
15.2.3. You may notify us of your decision to cancel by sending us an email to [email protected] or by post to The Mill, Brimscombe Hill, Brimscombe, Stroud, Gloucestershire, GL5 2QG
188.8.131.52. the fully completed cancellation form found on the Website, or
184.108.40.206. a statement of your name, address, the name or a description of the Services and Digital Content and your order reference number.
15.2.4. If you cancel this Contract after we have begun the supply of the Services in accordance with your request, you must pay us for the Services we supplied to you before we received notice of your cancellation.
15.2.5. If you cancel this Contract after we have begun the supply of the Digital Content in accordance with your consent, you must pay us for the Digital Content we supplied to you before we received notice of your cancellation.
15.2.6. Upon receiving notice of your cancellation, we will contact you providing any necessary instructions which you will be required to follow.
15.3. Refunds on cancellation
15.3.1. So long as you are entitled to cancel and have complied with your obligations under clause 15.2, we will refund you the balance of the price you paid to us after deducting:
220.127.116.11. the value of the Services and Digital Content we supplied before we received your cancellation notice together with VAT payable in respect of that value.
15.3.2. We will refund you the sum in clause 15.3.1 within 14 days of our receipt of your cancellation notice.
15.4. Exception to the right to cancel
15.4.1. You will not have a right to cancel in the following situations:
18.104.22.168. If we have started the work to provide the Services after you expressly requested that we start the work and after you acknowledged that you would lose the right to cancel once we had started the work to provide the Services
If you have a comment, concern or complaint about any Services and Digital Content you have purchased from us, please contact us via email at [email protected] or by post at The Mill, Brimscombe Hill, Brimscombe, Stroud, Gloucestershire, GL5 2QG.
17. Intellectual property
17.1. Services and Digital Content sold or licensed by us and Website content may be subject to copyright, trade mark or other intellectual property rights in favour of third parties. We acknowledge those rights.
17.2. You acknowledge the copyright, trade mark and all other intellectual property rights in the Digital Content belong to us or to our licensors and you acknowledge that you have no copyright, trade mark or other intellectual property rights in the Digital Content other than the rights to use the Digital Content in accordance with the Licence.
17.3. The content of the Website is protected by copyright (including design copyrights), trade marks, patent, database and other intellectual property rights and similar proprietary rights which include (without limitation), all rights in materials, works, techniques, computer programs, source codes, data, technical information, trading business brand names, goodwill, service marks, utility models, semi-conductor topography rights, 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 Renewables First Ltd 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) and you acknowledge that the intellectual property rights in the material and content supplied as part of the Website shall remain with us or our licensors.
17.4. You may download or copy the content and other downloadable items displayed on the Website subject to the condition that the material may only be used for personal non-commercial purposes. Copying or storing the contents of the Website for other than personal use is expressly prohibited.
17.5. You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website.
17.6. You acknowledge that any other use of the material and content of this Website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works from such material and content.
17.7. No licence is granted to you in these Conditions to use any of our trade marks or those of our affiliated companies.
18. Website use
19. Liability and indemnity
19.1. Notwithstanding any other provision in the Conditions, nothing will affect or limit your statutory rights; or will exclude or limit our liability for:
19.1.1. Death or personal injury resulting from our negligence
19.1.2. Fraud or fraudulent misrepresentation
19.1.3. Action pursuant to section 2(3) of the Consumer Protection Act 1987
19.1.4. Any matter for which it would be unlawful for us to exclude or attempt to exclude our liability
19.2. The Website is provided on an ‘as is’ and ‘as available’ basis without any representation or endorsement made and we make no warranties or guarantees, whether express or implied, statutory or otherwise (unless otherwise expressly stated in these Conditions or required by law) in relation to the information, materials, content or services found or offered on the Website for any particular purpose or any transaction that may be conducted on or through the Website including but not limited to implied warranties of non-infringement, compatibility, timeliness, performance, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade custom.
19.3. We will not be liable if the Website is unavailable at any time.
19.4. We 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.
19.5. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website and we accept no liability of any kind for any loss or damage resulting from action taken in reliance on material or information contained on the Website.
19.6. You might download, stream or otherwise access digital content which you consider to be offensive, indecent, explicit or objectionable in circumstances where this material has or has not been labelled to alert you to this. You agree to order the Digital Content and access it at your sole risk. We are not liable to you if the Digital Content is offensive, indecent, explicit or objectionable, whether or not it was labelled to alert you to this risk.
19.7. We cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you. You must bear the risk associated with the use of the internet. In particular, we 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 as a result of your downloading, streaming or otherwise accessing any Digital Content supplied on the Website or from any website linked to it.
19.8. We will use all reasonable endeavours to carry out our obligations within a reasonable period of time but will not be liable to you for any loss, costs or expenses arising directly or indirectly from any delays in doing so.
19.9. We will not be liable, in contract or tort (including, without limitation, negligence), or in respect of pre-contract or other representations (other than fraudulent misrepresentations) or otherwise for:
19.9.1. any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings and any loss related to your business, the extent of which was not foreseeable at the time of the contract); or
19.9.2. any loss of goodwill or reputation; or
19.9.3. any special losses or losses not normally reasonably foreseeable at the time of the contract; or
19.9.4. any loss of data; or
19.9.5. wasted management or office time; or
19.9.6. any other loss or damage of any kind suffered or incurred arising out of or in connection with the provision of any matter under these Conditions and/or the Contract and/or the use of this Website or any aspect related to your agreement to purchase the Services and take a licence of the Digital Content even if such losses are foreseeable or result from a deliberate breach of these Conditions by us that would entitle you to terminate the Contract between us or as a result of any action we have taken in response to your breach of these Conditions. Without prejudice to the terms of this clause and in the event that we are unable to rely upon it, our liability for all and any losses you suffer as a result of us breaking the Contract, whether or not deliberate, including those listed in clauses 19.10.1 to 19.10.6, is strictly limited to the total of the price of and any delivery charges you paid for the Services and Digital Content.
19.10. You agree to fully indemnify, defend and hold us, and our 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 Conditions 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.
19.11. You acknowledge that
19.11.1. it is your responsibility to check that your device is suitable for the use of the Digital Content in accordance with our specifications, and
19.11.2. it is your responsibility to check that the Digital Content is suitable for your requirements.
19.12. We are not liable if the Digital Content is not suitable for use on your device or for your requirements.
19.13. This clause does not affect your statutory rights as a consumer, nor does it affect your contractual cancellation rights.
20.1. We reserve the right to terminate an agreement formed with you pursuant to clause 12 and to suspend or terminate your access to the Website immediately and without notice to you if:
20.1.1. You fail to make any payment to us when due
20.1.2. You breach these Conditions (repeatedly or otherwise)
20.1.3. You are impersonating any other person or entity
20.1.4. When requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity
20.1.5. We suspect you have engaged, or are about to engage, or have in anyway been involved, in fraudulent or illegal activity on the Website
20.1.6. you breach any of the Licence restrictions in this Contract or infringe the intellectual property rights of any person in the Digital Content
20.2. On termination of this Contract,
20.2.1. all rights granted to you to use the Digital Content will terminate
20.2.2. we may require you to delete or remove the Digital Content from any devices on which you have downloaded, streamed or otherwise transferred it and to prove to us that you have done so
20.2.3. we may require you to destroy all copies of the Digital Content in your possession, custody or control and to prove to us that you have done so.
20.2.4. you consent to us remotely accessing your devices on which the Digital Content has been downloaded, streamed or otherwise accessed or transferred and removing the Digital Content from such devices if we in our discretion decide to do so.
21. Events outside our control
21.1. Except for our obligation under clause 21.4, we shall have no liability for delays or failures in delivery or performance of our obligations to you resulting from any act, event, omission, failure or accident outside of our control (‘Event Outside Our Control’), which, without limitation, includes:
21.1.1. A strike, lock-out or other industrial action
21.1.2. Shortages of labour, fuel, power, raw materials where we could not take reasonable action to obtain alternative supplies in time to perform this contract
21.1.3. Late, defective performance or non-performance by suppliers where we could not by taking reasonable action obtain alternative supplies in time to perform this contract
21.1.4. Private or public telecommunication, computer network failures or breakdown of equipment
21.1.5. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war
21.1.6. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster or extreme weather conditions
21.1.7. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport
21.1.8. Acts, decrees, legislation, regulations or restrictions of any government
21.1.9. Other events, beyond our reasonable control
21.2. Our performance will be deemed to be suspended for the period that the Event Outside Our Control continues, and we will have an extension of time for performance for the duration of that period. We will use reasonable endeavours to minimise any delay caused by the Event Outside Our Control or to find a solution by which our obligations may be performed despite this event. We shall promptly notify you of any Event Outside Our Control giving details of it and (where possible) the extent and likely duration of any delay.
21.3. Where an Event Outside Our Control prevents us from performing our obligations to you within 25 days from the date we sent you the Confirmation Notice, either you or we may terminate the Contract by giving 5 days written notice to the other.
21.4. If the Contract is terminated due to an Event Outside Our Control, we will refund you any money you have paid to us under the Contract.
22.1. In order to monitor and improve customer service, we sometimes record telephone calls.
22.2. You consent to us collecting and using technical information about the device on which you download, stream or otherwise access and use the Digital Content and about any associated hardware and software used by you so that we may improve our service to you and ascertain whether you are in breach of the terms of the Licence.
22.3. You consent to us collecting and using data related to the location of the device on which you download, stream or otherwise access and use the Digital Content so that we may improve our service to you and ascertain whether you are in breach of the terms of the Licence.
23. Third party rights
Except for our 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.
24. External links
24.1. To provide increased value and convenience to our users, we 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 we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable in any way, whether directly or indirectly, for:
24.1.1. The privacy practices of such websites
24.1.2. 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
24.1.3. The use which others make of these websites; or
24.1.4. 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
25. Linking to the Website
25.1. You must not create a link to the Website from another website, document or any other source without first obtaining our prior written consent.
25.2. Any agreed link must be:
25.2.1. To the Website’s homepage
25.2.2. Established from a website or document that is owned by you and does not contain content that is offensive, controversial, 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 it is hosted
25.2.3. Provided in such a way that is fair and legal and does not damage our reputation or take advantage of it
25.2.4. Established in such a way that does not suggest any form of association, approval or endorsement on our part where none exists
25.3. We 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 our homepage is at all times accurate.
25.4. We reserve the right to withdraw our consent without notice and without providing any reasons for withdrawal. Upon receiving such notice you must immediately remove the link and inform us once this has been done.
26.1. All notices given by you to us must be given to us at The Mill, Brimscombe Hill, Brimscombe, Stroud, Gloucestershire, GL5 2QG or by using [email protected]. We may give notice as described in clause 3
26.2. Notice will be deemed received and properly served immediately when posted on our Website, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
27. Entire agreement
27.1. The Contract represents the entire agreement between us in relation to the subject matter of the Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
27.2. We each acknowledge that, in entering into a Contract, neither of us has relied on any express or implied representation, undertaking or promise given by the other from anything said or written in any negotiations between us prior to such Contract except as has been expressly incorporated in such Contract.
27.3. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these Conditions.
28.1. We reserve the right to change the domain address of this Website and any services, products, product prices, product specifications and availability at any time.
28.2. All prices and descriptions supersede all previous publications. All product descriptions are approximate.
28.3. Every effort is made to keep information regarding stock availability on the Website up to date. However, we do not guarantee that this is the case, or that stock will always be available.
28.4. 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.
28.5. All Contracts are concluded and available in English only.
28.6. If we 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 we fail to exercise any of the rights or remedies to which we are 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.
28.7. A waiver by us of any default shall not constitute a waiver of any subsequent default.
28.8. No waiver by us of any of these Conditions or of any other term of a Contract shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 3
28.9. Any Contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
29. Governing law and jurisdiction
29.1. The Website is controlled and operated in the United Kingdom.
29.2. Every purchase you make shall be deemed performed in England and Wales.
29.3. The Conditions and any Contract brought into being as a result of usage of this Website will be governed by the laws of England and Wales and you irrevocably agree to submit to the exclusive jurisdiction of the courts of England and Wales.
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