Wellington Farm Shop Limited
1 – THESE TERMS
1.1 What these terms cover.
These are the terms and conditions on which we supply goods to you through our website through our online shop.
1.2 Why you should read them.
Please read these terms carefully before you submit your online order to us. These terms tell you who we are, how we will provide goods to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or you have any questions or queries relating to them, please do not hesitate to contact us on 0118 932 6132 or email us at info@wellingtonfarmshop.co.uk
2 – INFORMATION ABOUT US AND HOW TO CONTACT US
Who we are.
We are Wellington Farm Shop and our address is Welsh Lane, Stratfield Saye, Hampshire, RG27 0LT.
2.1 How to contact us.
You can contact us by telephoning our team at 0118 932 6132 or by writing to us at info@wellingtonfarmshop.co.uk or visiting us in person at Wellington Farm Shop, Welsh Lane, Stratfield Saye, Hampshire, RG27 0LT.
2.2 How we may contact you.
If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.3 “Writing” includes emails.
When we use the words “writing” or “written” in these terms, this includes emails.
3 – OUR CONTRACT WITH YOU
3.1 How we will accept your order.
Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order.
If we are unable to accept your order, we will inform you of this in writing and will not charge you for the goods. This might be because the goods are out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the goods or because we are unable to meet a delivery deadline you have specified.
3.3 Your order number.
We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.4 We only sellto the UK on a click and collect basis only, we do not deliver your goods.
Our website is solely for the promotion of goods we stock in the UK.
4 – OUR GOODS
4.1 Goods may vary slightly from their pictures.
The images of the goods on our website are for illustrative purposes only. Your goods may vary slightly from those images. Although we have made every effort to be as accurate as possible, because our goods are mainly food products and some are cut by hand, all sizes, weights and colours indicated on our website are approximations only unless we state otherwise. Due to some of our products being food boxes containing multiple items; some of our images may not show all the items in its entirety for that particular product and the image is for illustrative purposes only.
4.2 Product packaging may vary.
The packaging of our goods may vary from that shown on images on our website.
4.3 We provide general information only.
Whilst we may provide general advice, recipes and instructions relating to our goods, any advice, recipes and instructions provided by us relating to our goods have been produced in order to help you in using the goods and to give guidance. These are provided for general information only. We accept no liability for any loss, damage or injury arising as a result of the advice, recipes or instructions provided to you on our website or in conjunction with any of our goods.
4.4 Inspecting our goods.
You are responsible for opening and inspecting the goods upon collection and then storing them correctly (for example, in the fridge). We accept no liability for any loss, damage or injury arising as a result of your incorrect storage, preparation or cooking of our goods. You are required to contact us within 48 hours of receiving the goods to make us aware of any problems with the items collected.
4.5 We like to tell you which suppliers we are using as we think they are some of the best.
However, we reserve the right to change suppliers at any time and without telling you, particularly if there are supply and delivery issues or shortages.
5 – YOUR RIGHTS TO MAKE CHANGES & CANCELLATIONS
5.1 Christmas Orders due for collection from the 15th December to the 31st of December
For all orders due for collection from the 15th of December to the 31st of December inclusive, changes must be made before the 1st of December, all our Christmas Meat is pre-ordered from our small local suppliers and so we will be unable to cancel or reduce the order after this date.
5.2 For all orders outside Christmas Dates.
If you wish to make a change or to cancel to the goods you have ordered online, please contact us as soon as possible. We require you to tell us about any amendments to your order within 48 hours of placing your order with us.
5.3 Changes to your order.
We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the goods, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
If you need to cancel your order, we require a minimum of 72 hours’ notice.
6 – OUR RIGHTS TO MAKE CHANGES
6.1 Minor changes to the goods. We may change the goods to reflect changes in relevant laws and regulatory requirements and/or to implement technical adjustments and improvements. These changes will not affect your use of the goods.
6.2 More significant changes to the goods and these terms.
In addition, we may make more significant changes to these terms or to the goods, but if we do so we will notify you and you may then contact us to end the contract and receive a full refund before the changes take effect.
7 – PROVIDING THE GOODS
7.1 When we will provide the goods.
You will be able to choose the available collection date and time when you order goods, and we will confirm if this is possible in an order confirmation email to you.
7.2 We are not responsible for delays outside our control.
If our supply of the goods is delayed by an event outside our control (this can include weather, supplier shortages, vehicle breakdowns, traffic jams and other such events) then we will contact you as soon as practically possible to let you know and we will take steps to minimise the effect of the delay.
We will not be liable for delays caused by events outside of our control, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any goods you have paid for but not received.
7.3 When you become responsible for and own the goods.
You own the goods once we have received payment in full. The goods will be your responsibility from the time you collect the goods from us, at Wellington Farm Shop.
7.4 What will happen if you do not give the required information to us.
We may need certain information from you so that we can supply the goods to you, for example, the quantity of food and the collection date and time. If so, this will have been stated in the description of the goods on our website. We will contact you to ask for this information if not provided. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and condition 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the goods late or not supplying any part of them if this is caused by you not giving us the information, we need within a reasonable time of us asking for it.
7.5 Reasons we may delay the supply of goods to you.
We may have to delay the supply of goods to deal with technical problems or make minor technical changes, update the goods or packaging to reflect changes in relevant laws and regulatory requirements and/or make changes to the goods as requested by you or notified by us to you (see clause 6).
8 – YOUR RIGHTS TO END THE CONTRACT
8.1 Your rights to end your contract with us.
Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it and when you decide to end the contract:
8.1.1 If what you have bought is damaged or misdescribed you may have a legal right to end the contract. (or to get the goods replaced or to get some or all of your money back), see condition 11;
8.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see condition 8.2;
8.1.3 If you have just changed your mind about the goods, see condition 8.3.
You may be able to get a refund if you are within the cooling-off period for non-perishable goods, but this may be subject to certain conditions and deductions and you will have to pay the costs of return of any goods.
8.1.4 In all other cases (if we are not at fault and there is no right to change your mind),see condition 8.6.
8.2 Ending the contract because of something we have done or are going to do.
If you are ending a contract for a reason set out at 8.2.1 to 8.2.5 below the contract will end immediately and we will refund you in full for any goods which have not been provided and you may also be entitled to compensation. The reasons are:
8.2.1 we have told you about an upcoming change to the goods or these terms which you do not agree to (see condition 6.2);
8.2.2 we have told you about an error in the price or description of the goods you have ordered and you do not wish to proceed;
8.2.3 there is a risk that supply of the goods may be significantly delayed because of events outside our control;
8.2.4 we have delayed the supply of the goods for technical reasons, or notify you we are going to delay the supply of them for technical reasons, in each case for a period of more than 48 hours or
8.2.5 you have a legal right to end the contract because of something we have done wrong.
8.3 A right to change your mind if the goods are not fresh and perishable.
As most of our goods contain fresh and perishable food, you may not be entitled to the “normal” right to change your mind within 14 days after the day you receive them (such right as set out in the Consumer Contracts Regulations 2013). One of the reasons for this is because the food is likely to have a best before date within only a few days of delivery of the goods or requires us to order fresh ingredients in especially for your order. We there ask a minimum of 72 hours cancellation notice for your order to qualify for a full refund.
8.6 Ending the contract where we are not at fault and there is no right to change your mind.
Even if we are not at fault and you do not have a right to change your mind (see condition 8.1), you can still end the contract before it is completed, but you may have to pay us compensation.
A contract for goods is completed when the goods are collected and paid for. If you want to end the contract in these circumstances, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for goods not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) a reasonable compensation for the net costs we will incur as a result of your ending the contract which may be up to 100% of the price.
9 – HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND FOR NON-PERISHABLE GOODS)
9.1 Tell us you want to end the contract.
Toend the contract with us, please let us know by doing one of the following:
9.1.1 Phone, email or in person.
You can contact us by telephoning our team at 0118 932 6132 or by writing to us at info@wellingtonfarmshop.co.uk or visiting us in person at
Wellington Farm Shop, Welsh Lane, Stratfield Saye, Hampshire, RG27 0LT.
9.3 When we will pay the costs of return.
We will pay the costs of return:
9.3.1 if the goods are damaged or misdescribed;
9.3.2 if you are ending the contract because we have told you of an upcoming change to the goods or these terms, an error in pricing or description, a delay in collection due to events outside our control or because you have a legal right to do so as a result of something, we have done wrong; or In all other circumstance, you must pay the costs of return.
9.4 How we will refund you.
We will refund you the price you paid for the goods including delivery costs, by th method you used for payment. However, we may make deductions from the price, a described below
9.5 Deductions from refunds.
If you are exercising your right to change your mind for non-perishable goods:
9.5.1 we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the
value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount; and
9.5.2 the maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.
9.6 When your refund will be made.
We will make any refunds due to you as soon as practically possible. If you are exercising your right to change your mind for non-perishable goods then if we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the goods back from you or, if earlier, the day on which you provide us with evidence that you have sent the goods back to us. For information about how to return goods to us, see condition 9.2.
10 – OUR RIGHTS TO END THE CONTRACT
10.1 We may end the contract if you break it.
We may end the contract for goods at any time by writing to you if:
10.1.1 you do not make any payment to us when it is due;
10.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the goods, for example, collection date and time; and/or
10.1.3 you do not, within a reasonable time, allow you to collect them from us.
10.2 You must compensate us if you break the contract.
If we end the contract in the situations set out in condition 10.1 we will refund any money you have paid in advance for goods we have not provided but we may deduct or charge reasonable compensation for the net costs we will incur as a result of your breaking the contract which may be up to 100% of the price.
10.3 We may withdraw the goods.
We may at any time withdraw certain goods for sale, and we will use our best efforts to ensure our website it up-to-date.
11 – IF THERE IS A PROBLEM WITH THE GOODS
11.1 How to tell us about problems.
If you have any questions or complaints about the goods, please contact us. You can contact us by telephoning our team at 0118 932 6132 or by writing to us at info@wellingtonfarmshop.co.uk or visiting us in person at Wellington Farm Shop, Welsh Lane, Stratfield Saye, Hampshire, RG27 0LT.
11.2 Summary of your legal rights.
We are under a legal duty to supply goods that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the goods. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed informationplease visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
As we supply goods, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected life of your goods (see best before dates on our food/drink as this may impact on your rights) your legal rights entitle you to the following:
up to 30 days: if your item is damaged (rather than simply going out of date after delivery), then you can get a refund. up to six months for our non-perishable goods: if your damaged item can’t be repaired or replaced, then you’re entitled to a full refund, in most cases. up to six years for our non-perishable goods: if the item can be expected to last up to six years you may be entitled to a repair or replacement, or, if that doesn’t work, some of your money back.
11.3 Your obligation to return rejected goods.
If you wish to exercise your legal rights to reject goods you must either return them in person to Wellington Farm Shop.
12 – PRICE AND PAYMENT
12.1 Where to find the price for our goods. The price of the goods (which includes VAT where appropriate) will be the price indicated on the order pages when you placed your order. All prices are shown in pounds sterling (£). We use our best efforts to ensure that the price of the goods advised to you is correct. However please see condition 12.3 for what happens if we discover an error in the price of the goods you order.
12.2 We will pass on changes in the rate of VAT.
If the rate of VAT changes between your order date and the date we supply the goods, we will adjust the rate of VAT that you pay, unless you have already paid for the goods in full before the change in the rate of VAT takes effect.
12.3 What happens if we got the price wrong.
It is always possible that, despite our best efforts, some of the goods we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the goods’ correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the goods’ correct price at your order date is higher than the price stated on our website, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
12.4 When you must pay and how you must pay.
We accept payment with all major credit and debit cards, including American Express. Your payment will be taken as soon as the order has been placed. All of our online payments will be processed through Stripe, our payment service provider. We use Stripe to ensure the highest possible level of security and fraud protection available for all of our customers
12.5 What to do if you think an invoice is wrong.
If you think an invoice is wrong please contact us promptly to let us know and we will not charge you interest until we have resolved the issue.
13 Promotions And Discounts
13.1 Promotional Codes
From time to time, we may make promotional codes available (“Promotional Codes”) that can be redeemed online during the check-out process by entering the code into the relevant box. We may make these codes available via the Website, by email, telephone, social media or through a third party.
13.2 The availability and use of Promotional Codes may also be subject to additional terms and conditions which we will make available to you at the time of the promotion.
13.3 Such terms may include restrictions such as minimum order amounts and may only apply in relation to specific Products or categories of Products.
13.4 Details of the validity period of a Promotional Code will be made available at the time of its issue.
13.5 Promotional Codes cannot be exchanged for cash. We do not permit the sale, trade or purchase of Promotional Codes in any way. This also applies to Promotional Codes published by third parties.
13.6 Promotional Codes cannot be used in conjunction with each other nor any other special offers or discounts.
13.7 Promotional Codes can only be used once per customer, unless specified otherwise at the time of promotion.
13.8 Wellington Farm Shop retains the right to remove a promotion at any time.
13.9 Discounted Prices – Discounted prices apply to products only (subject to availability). Eligible products will be indicated on the relevant pages of the website. We reserve the right to end or alter this offer at any time and are able to remove specific products from the offer at any time.
14- OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
14.1 We are responsible to you for foreseeable loss and damage caused by us.
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
14.2 We are not liable for business losses. We only supply the goods for domestic and private use. If you use the goods for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15 – HOW WE MAY USE YOUR PERSONAL INFORMATION
15.1 How we will use your personal information.
Please see our privacy policy for further details. We will use the personal information you provide to us:
15.1.1 to supply the goods to you;
15.1.2 to process your payment for the goods; and
15.1.3 if you agreed to this during the order process, to inform you about similar goods that we provide, but you may stop receiving these at any time by contacting us.
15.2 We will only give your personal information to third parties where the law either requires or allows us to do so.
16 – OTHER IMPORTANT TERMS
16.1 We may transfer this contract to someone else.
We may transfer our rights and obligations under these terms to another organisation. We will tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
16.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may not agree if this affects the delivery address or method. However, you may transfer our guarantee at condition 8.4 to a person who has acquired the goods.
16.3 Nobody else has any rights under this contract (except someone you pass your guarantee onto).
This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in condition 16.2 in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
16.4 If a court finds part of this contract illegal, the rest will continue in force.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
16.5 Even if we delay in enforcing this contract, we can still enforce it later.
If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the goods, we can still require you to make the payment at a later date.
16.6 Which laws apply to this contract and where you may bring legal proceedings.
These terms are governed by English law and you can bring legal proceedings in respect of the goods in the English courts. If you live in Scotland you can bring legal proceedings in respect of the goods in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the goods in either the Northern Irish or the English courts.
Wellington Farm Shop Events & Conditions
These Terms & Conditions apply to all events organised by Wellington Farm Shop, including but not limited to Supper Clubs, Shopping Evenings, Cooking Masterclasses, Demonstrations, Tastings and Seasonal Events.
By booking a place at an event, guests confirm that they have read, understood and agree to these Terms & Conditions.
All events are subject to availability.
1. Booking & Payment
Event bookings are confirmed only once payment or deposit (where applicable) has been successfully received and a confirmation email has been issued.
Guests are responsible for ensuring that the contact details provided at the time of booking are accurate and up to date.
Any advertised prices are inclusive of VAT where applicable.
Event-Specific Payment Terms
Shopping Evenings
A £5 ticket is required per person to attend Wellington Farm Shop Shopping Evenings.
The £5 ticket value is redeemable on the night of the event against purchases made through the Farm Shop tills.
The voucher must be redeemed during the event and cannot be exchanged for cash, refunded, transferred to another date, or used after the event has taken place.
If a guest attends but chooses not to make a purchase, the ticket value will not be refunded.
Supper Clubs
A non-transferable deposit of £20 per person is required at the time of booking to secure a reservation.
The deposit will be deducted from the final bill on the evening of the event.
Any remaining balance must be settled on the night.
Cooking Masterclasses
Masterclass places must be paid for in full at the time of booking.
Bookings are non-refundable but may be transferred to a future masterclass, subject to availability and provided sufficient notice is given in accordance with these Terms & Conditions.
2. Cancellation by Guests
Shopping Evenings
Tickets are non-refundable. If you are unable to attend, please contact us as soon as possible.
Supper Clubs
Deposits will be refunded if cancellation is received at least 21 days prior to the event date.
No refunds will be issued for cancellations made within 21 days of the event.
Failure to attend the event without prior notice will result in the loss of the deposit.
Cooking Masterclasses
Masterclass bookings are non-refundable.
Where at least 14 days’ notice is provided, Wellington Farm Shop may, at its discretion, transfer the booking to a future masterclass of equal value, subject to availability.
No transfers will be offered for cancellations made within 14 days of the event.
3. Transfer of Bookings
If a guest is unable to attend an event, bookings may be transferred to another person by notifying Wellington Farm Shop in advance of the event.
The replacement guest must meet any age restrictions, dietary requirements or event-specific conditions.
4. Event Changes & Cancellation by Wellington Farm Shop
Wellington Farm Shop reserves the right to alter, postpone or cancel an event due to circumstances beyond our reasonable control, including but not limited to:
- Staff illness
- Supplier issues
- Severe weather conditions
- Venue issues
- Low attendance numbers
- Force majeure events
Should Wellington Farm Shop cancel an event, guests will be offered either:
- A transfer to an alternative date or event (subject to availability); or
- A full refund of any monies paid.
Wellington Farm Shop shall not be liable for any travel, accommodation or other costs incurred by guests in connection with a cancelled or rescheduled event.
5. Dietary Requirements & Allergies
Guests are responsible for informing Wellington Farm Shop of any allergies, intolerances or dietary requirements at the time of booking.
Whilst every effort will be made to accommodate dietary requirements, we cannot guarantee an allergen-free environment.
Guests with severe allergies attend at their own risk.
6. Conduct
Wellington Farm Shop reserves the right to refuse entry or remove any guest whose behaviour is deemed unsafe, disruptive, abusive, offensive or inappropriate towards staff, guests or suppliers.
No refund will be offered in such circumstances.
10. Photography & Marketing
Photographs and video recordings may be taken during events for promotional, marketing and social media purposes.
By attending an event, guests acknowledge that they may appear in such content.
Guests who do not wish to be photographed or filmed should notify a member of staff upon arrival.
13. Data Protection
Personal information collected during the booking process will be used solely for the administration of the event and in accordance with Wellington Farm Shop’s Privacy Policy.
Terms and conditions of use
Introduction
These terms and conditions shall govern your use of our website. By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, yo must not use our website. If you [register with our website, submit any material to our website or use any of our website services], we will ask you to expressly agree to these terms and conditions. You must be at least [18] years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at leas [18] years of age. Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our [privacy an cookies policy].
Credit
This document was created using a template from SEQ Legal (http://www.seqlegal.com). You must retain the above credit, unless you purchase a licence to use this document without the credit. You can purchase a licence at: http://www.website-contracts.co.uk/seqlegal-licences.html. Warning: use of this document without the credit, or without purchasing a licence, is an infringement of copyright.
Copyright notice
Copyright (c) [year(s) of first publication] [full name].
Subject to the express provisions of these terms and conditions:
we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and all the copyright and other intellectual property rights in our website and the material on our website are reserved.
Licence to use website 4.1 You may: (a) view pages from our website in a web browser; (b) download pages from our website for caching in a web browser; (c) print pages from our website; (d) [stream audio and video files from our website]; and (e) [use [our website services] by means of a web browser], subject to the other provisions of these terms and conditions.
Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
You may only use our website for [your own personal and business purposes], and you must not use our website for any other purposes.
Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
Unless you own or control the relevant rights in the material, you must not:
- republish material from our website (including republication on another website);
- sell, rent or sub-license material from our website;
- show any material from our website in public;
- exploit material from our website for a commercial purpose; or
- redistribute material from our website.
Notwithstanding Section 4.5, you may redistribute [our newsletter] in [print and electronic form] to [any person]. We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
Acceptable use
You must not:
- use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
- use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
- use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
- [conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent];
- [access or otherwise interact with our website using any robot, spider or other automated means[, except for the purpose of [search engine indexing]]];
- [violate the directives set out in the robots.txt file for our website];
- [use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing)]. [additional list items]
You must not use data collected from our website to contact individuals, companies or other persons or entities.
You must ensure that all the information you supply to us through our website, or in relation to our website, is [true, accurate, current, complete and non-misleading].
Registration and accounts
To be eligible for an individual account on our website under this Section 6, you must [be at least 18 years of age and resident in the United Kingdom].
You may register for an account with our website by [completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you].
You must not allow any other person to use your account to access the website.
You must notify us in writing immediately if you become aware of any unauthorised use of your account.
You must not use any other person’s account to access the website[, unless you have that person’s express permission to do so].
User login details
If you register for an account with our website, [we will provide you with] OR [you will be asked to choose] [a user ID and password].
Your user ID must not be liable to mislead and must comply with the content rules set out in Section 10; you must not use your account or user ID for or in connection with the impersonation of any person.
You must keep your password confidential.
You must notify us in writing immediately if you become aware of any disclosure of your password.
You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
Cancellation and suspension of account
We may:
- [suspend your account];
- [cancel your account]; and/or
- [edit your account details], at any time in our sole discretion without notice or explanation.
- You may cancel your account on our website [using your account control panel on the website].
Your content: licence
In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website. You grant to us a [worldwide, irrevocable, non-exclusive, royalty-free licence] to [use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media] OR [reproduce, store and publish your content on and in relation to this website and any successor website] OR [reproduce, store and, with your specific consent,publish your content on and in relation to this website].
You grant to us the right to sub-license the rights licensed under Section 9.2.
You grant to us the right to bring an action for infringement of the rights licensed under Section 9.2.
You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
You may edit your content to the extent permitted using the editing functionality made available on our website.
Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
Your content: rules
You warrant and represent that your content will comply with these terms and conditions. Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
Your content, and the use of your content by us in accordance with these terms and conditions, must not:
- be libellous or maliciously false;
- be obscene or indecent;
- infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
- infringe any right of confidence, right of privacy or right under data protection legislation;
- constitute negligent advice or contain any negligent statement;
- constitute an incitement to commit a crime[, instructions for the commission of a crime or the promotion of criminal activity];
- be in contempt of any court, or in breach of any court order;
- be in breach of racial or religious hatred or discrimination legislation;
- be blasphemous;
- be in breach of official secrets legislation;
- be in breach of any contractual obligation owed to any person;
- [depict violence[ in an explicit, graphic or gratuitous manner]];
- [be pornographic[, lewd, suggestive or sexually explicit]];
- [be untrue, false, inaccurate or misleading];
- [consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage];
- [constitute spam];
- [be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory]; or
- [cause annoyance, inconvenience or needless anxiety to any person].
Limited warranties
We do not warrant or represent:
- the completeness or accuracy of the information published on our website;
- that the material on the website is up to date; or
- that the website or any service on the website will remain available.
We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
To the maximum extent permitted by applicable law and subject to Section 12.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
Limitations and exclusions of liability
- Nothing in these terms and conditions will:
- limit or exclude any liability for death or personal injury resulting from negligence;
- limit or exclude any liability for fraud or fraudulent misrepresentation;
- limit any liabilities in any way that is not permitted under applicable law; or
- exclude any liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions: are subject to Section 12.1; and govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature. We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control. We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
We will not be liable to you in respect of any loss or corruption of any data, database or software.
We will not be liable to you in respect of any special, indirect or consequential loss or damage.
You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
Breaches of these terms and conditions
Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
- send you one or more formal warnings;
- temporarily suspend your access to our website;
- permanently prohibit you from accessing our website;
- block computers using your IP address from accessing our website;
- contact any or all of your internet service providers and request that they block your access to our website;
- commence legal action against you, whether for breach of contract or otherwise; and/or
- [suspend or delete your account on our website].
- Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blockig [ (including without limitation [creating and/or using a different account])].
Variation
We may revise these terms and conditions from time to time.
[The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.] OR [We will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our website from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our website.]
If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.
Assignment
You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Third party rights
A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party. The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.
Entire agreement
Subject to Section 12.1, these terms and conditions, together with [our privacy and cookies policy], shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.
Law and jurisdiction
These terms and conditions shall be governed by and construed in accordance with [English law]. Any disputes relating to these terms and conditions shall be subject to the [exclusive] OR [non-exclusive] jurisdiction of the courts of [England]. Statutory and regulatory disclosures
We are registered in [trade register]; you can find the online version of the register at [URL], and our registration number is [number].
We are subject to [authorisation scheme], which is supervised by [supervisory authority]. We are registered as [title] with [professional body] in [the United Kingdom] and are subject to [rules], which can be found at [URL]. We subscribe to [code(s) of conduct], which can be consulted electronically at [URL(s)]. Our VAT number is [number].
Our details
This website is owned and operated by [name]. We are registered in [England and Wales] under registration number [number], and our registered office is at [address]. Our principal place of business is at [address].
You can contact us:
[by email, using [the email address published on our website from time to time]].
[by post, using the postal address [given above]];
[using our website contact form];
[by telephone, on [the contact number published on our website from time to time]]; or
