Terms of Website Use and Acceptable Use Policy

PLEASE READ THESE TERMS CAREFULLY BEFORE YOU USE OUR SITE

This page (together with the documents referred to on it) tells you the terms on which you may use and access our website http://www.heat-group.co.uk (Site), whether as a guest or a registered user and gives you information about us and the legal terms and conditions on which we sell any of the products (Products) listed on our Site to you. Please read these terms of use and acceptable use policy (Terms) carefully before you start to use the Site. By using our Site, you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms, please refrain from using our Site.

These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our Site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our Site.

You should print a copy of these Terms or save them to your computer for future reference.

We amend these Terms from time to time as set out in clause 9. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at the time.

1 INFORMATION ABOUT US

1.1 Our Site is a Site operated by Heat Group (UK) Limited (We). We are registered in England and Wales under company number 06265352 and have our registered office at Unit 27, Aston Business Park, Shrewsbury Avenue, Peterborough PE2 7BF. Our VAT number is 901284454. We are a limited company.
1.2 To cancel a Contract in accordance with your legal right to do so as set out in clause 9, you just need to let us know that you have decided to cancel. You can e-mail us at sales@heat-group.co.uk or post to Sales Dept, Heat Group Supplies, Unit 27 Aston Business Park, Shrewsbury Avenue, Peterborough PE2 7BF. If you are emailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us.
1.3 If you wish to contact us for any other reason, including because you have any complaints, you can contact us by e-mailing us at admin@heat-group.co.uk.


2 ACCESSING OUR SITE

2.1 Access to our Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Site without notice (see below). We will not be liable if for any reason our Site is unavailable at any time or for any period.
2.2 From time to time, we may restrict access to some parts of our Site, or our entire Site, to users who have registered with us.
2.3 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms.
2.4 When using our Site, you must comply with the provisions of our acceptable use policy as set out in these Terms.
2.5 You are responsible for making all arrangements necessary for you to have access to our Site. You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms, and that they comply with them.
2.6 These Terms apply to all users and visitors of our Site.


3 INTELLECTUAL PROPERTY RIGHTS

3.1 We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
3.2 You may print off one copy, and may download extracts, of any page(s) from our Site for your personal reference and you may draw the attention of others within your organisation to material posted on our Site.
3.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
3.4 Our status (and that of any identified contributors) as the authors of material on our Site must always be acknowledged.
3.5 You must not use any part of the materials on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.
3.6 If you print off, copy or download any part of our Site in breach of these terms of use, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.


4 RELIANCE ON INFORMATION POSTED

Commentary and other materials posted on our Site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Site, or by anyone who may be informed of any of its contents.


5 OUR PRODUCTS

5.1 The images of the Products on our Site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
5.2 The packaging of the Products may vary from that shown on images on our Site.


6 IF YOU ARE A CONSUMER

This clause 6 only applies if you are a consumer.
6.1 If you are a consumer, you may only purchase Products from our Site if you are at least [18] years old.
6.2 Certain Products on our Site can only be purchased if you satisfy the legal age requirement for that product. We are not allowed by law to supply these Products to you if you do not satisfy these age requirements. If you are underage, please do not attempt to order these Products through our Site.


7 IF YOU ARE A BUSINESS CUSTOMER

This clause 7 only applies if you are a business.

7.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our Site to purchase Products.
7.2 These Terms and our Privacy Policy and Cookie Policy constitutes the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
7.3 You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or our Privacy Policy and Cookie Policy.
7.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.


8 HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

8.1 Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
8.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 8.3.
8.3 We will confirm our acceptance to you by sending you an e-mail (Confirmation). The Contract between us will only be formed when we send you the Confirmation.
8.4 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our Site as referred to in clause 13.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.


9 OUR SITE CHANGES REGULARLY AND OUR RIGHT TO VARY

9.1 We aim to update our Site regularly, and may change the content at any time. If the need arises, we may suspend access to our Site, or close it indefinitely. Any of the material on our Site may be out of date at any given time, and we are under no obligation to update such material.
9.2 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
9.3 Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
9.4 We may revise these Terms as they apply to your order from time to time to reflect the following circumstances changes in relevant laws and regulatory requirements.
9.5 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.


10 YOUR CONSUMER RIGHT OF RETURN AND REFUND

This clause 10 only applies if you are a consumer.

10.1 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 10.3. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.
10.2 However, this cancellation right does not apply in the case of any Products which become mixed inseparably with other items after their delivery.
10.3 Your legal right to cancel a Contract starts from the date of the Confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below:
 Your Contract End of the cancellation period
Your Contract is for a single Product (which is not delivered in instalments on separate days)

The end date is the end of 14 days after the day on which you receive the Product.

Example: if we provide you with a Confirmation on 1 January and you receive the Product on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.

Your Contract is for either of the following:

  • one Product which is delivered in instalments on separate days.
  • multiple Products which are delivered on separate days.

The end date is 14 days after the day on which you receive the last instalment of the Product or the last of the separate Products ordered.

Example: if we provide you with a Confirmation on 1 January and you receive the first instalment of your Product or the first of your separate Products on 10 January and the last instalment or last separate Product on 15 January you may cancel in respect of all instalments and any or all of the separate Products at any time between 1 January and the end of the day on 29 January.

Your Contract is for the regular delivery of a Product over a set period.

The end date is 14 days after the day on which you receive the first delivery of the Products.

Example: if we provide you with a Confirmation on 1 January in respect of Products to be delivered at regular intervals over a year and you receive the first delivery of your Product on 10 January, you may cancel at any time between 1 January and the end of the day on 24 January. 24 January is the last day of the cancellation period in respect of all Products to arrive during the year.

10.4 To cancel a Contract, you can e-mail us at sales@heat-group.co.uk
10.5 You can also e-mail us at sales@heat-group.co.uk or by post to Sales Dept. Heat Group Supplies, Unit 27 Aston Business Park, Shrewsbury Avenue, Peterborough PE2 7BF. If you are e-mailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or e-mail us before midnight on that day.
10.6 If you cancel your Contract we will:
10.6.1 refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund 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.
10.6.2 refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of a Product within 3-5 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
10.6.3 make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
10.6.3.1 if you have received the Product and we have not offered to collect it from you: 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. For information about how to return a Product to us, see clause 10.9; and
10.6.3.2 if you have not received the Product or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract.
10.7 If you have returned the Products to us under this clause 10 because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
10.8 We will refund you on the credit card or debit card used by you to pay. If you used vouchers to pay for the Product we may refund you in vouchers.
10.9 If a Product has been delivered to you before you decide to cancel your Contract:
10.9.1 then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. You can send it back. If we have offered to collect the Product from you (as advised in writing), we will collect the Products from the address to which they were delivered. We will contact you to arrange a suitable time for collection; and
10.9.2 unless the Product is faulty or not as described (in this case, see clause 10.7), you will be responsible for the cost of returning the Products to us. If the Product is one which cannot be returned by post, we estimate that if you use the carrier which delivered the Product to you, these costs should not exceed the sums we charged you for delivery. If we have offered to collect the Product from you, we will charge you the direct cost to us of collection less a handling charge.
10.10 Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 10 or anything else in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.


11 DELIVERY

11.1 We will contact you with an estimated delivery date, which will be within 30 days after the date of the Confirmation (the date on which we e-mail you to confirm our acceptance of your order). Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 18 for our responsibilities when this happens.
11.2 If no one is available at your address to take delivery, our courier may leave you a note that the Products have been returned to our premises or held at their local depot, in which case, please contact them to rearrange delivery.
11.3 Delivery of an Order shall be completed when we deliver the Products to the address you gave us and the Products will be your responsibility from that time.
11.4 You own the Products once we have received payment in full, including all applicable delivery charges.
This clause 11.6 only applies if you are a consumer.
11.5 If we miss the 30 day delivery deadline for any Products then you may cancel your Order straight away if any of the following apply:
11.5.1 we have refused to deliver the Products;
11.5.2 delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
11.5.3 you told us before we accepted your order that delivery within the delivery deadline was essential.
11.6 If you do not wish to cancel your order straight away, or do not have the right to do so under clause 11.5, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline.
11.7 If you do choose to cancel your Order for late delivery under clause 11.6 or clause 11.7, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your Order we will refund any sums you have paid to us for the cancelled Products and their delivery.


12 NO INTERNATIONAL DELIVERY

Unfortunately, we do not deliver to addresses outside the UK.


13 PRICE OF PRODUCTS AND DELIVERY CHARGES

13.1 The prices of the Products will be as quoted on our Site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see clause 13.5 for what happens if we discover an error in the price of Product(s) you ordered.
13.2 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
13.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
13.4 The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order.
13.5 Our Site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our Site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
13.5.1 where the Product's correct price is less than the price stated on our Site, we will charge the lower amount when dispatching the Products to you. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price; and
13.5.2 if the Product's correct price is higher than the price stated on our Site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.


14 HOW TO PAY


14.1 You can pay for Products using a debit card/ credit card or Paypal. We accept the following cards: Visa Delta, Visa Electron, MasterCard, UK based Maestro and Solo cards.
14.2 Payment for the Products and all applicable delivery charges is in advance. We will not charge your debit card or credit card until we dispatch your order.


15 MANUFACTURER GUARANTEES

15.1 Some of the Products we sell to you come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the Products.
15.2 If you are a consumer, a manufacturer's guarantee is in addition to, and does not affect, your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.


16 OUR LIABILITY IF YOU ARE A BUSINESS

This clause 16 only applies if you are a business customer.

16.1 We only supply the Products for internal use by your business, and you agree not to use the Product for any resale purposes.
16.2 Nothing in these Terms limits or excludes our liability for:
16.2.1 death or personal injury caused by our negligence;
16.2.2 fraud or fraudulent misrepresentation;
16.2.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
16.2.4 defective products under the Consumer Protection Act 1987.
16.3 Subject to clause 16.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
16.3.1 any loss of profits, sales, business, or revenue;
16.3.2 loss or corruption of data, information or software;
16.3.3 loss of business opportunity;
16.3.4 loss of anticipated savings;
16.3.5 loss of goodwill; or
16.3.6 any indirect or consequential loss.
16.4 Subject to clause 16.2, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 100% of the price of the Products.
16.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.


17 OUR LIABILITY IF YOU ARE A CONSUMER

This clause 17 only applies if you are a consumer.

17.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
17.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
17.3 We do not in any way exclude or limit our liability for:
17.3.1 death or personal injury caused by our negligence;
17.3.2 fraud or fraudulent misrepresentation;
17.3.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
17.3.4 any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
17.3.5 defective products under the Consumer Protection Act 1987.


18 EVENTS OUTSIDE OUR CONTROL

18.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 18.2.
18.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
18.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
18.3.1 we will contact you as soon as reasonably possible to notify you; and
18.3.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
18.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.


19 OUR LIABILITY FOR CONTENT ON OUR SITE

19.1 Subject to clauses 16 and 17, the material displayed on our Site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
19.1.1 all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
19.1.2 any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Site or in connection with the use, inability to use, or results of the use of our Site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
19.1.3 loss of income or revenue;
19.1.4 loss of business;
19.1.5 loss of profits or contracts;
19.1.6 loss of anticipated savings;
19.1.7 loss of data;
19.1.8 loss of goodwill;
19.1.9 wasted management or office time; and
19.1.10 for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
19.2 This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.


20 INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE

We process information about you in accordance with our privacy policy. By using our Site, you consent to such processing and you warrant that all data provided by you is accurate.

21 UPLOADING MATERIAL TO OUR SITE
21.1 Whenever you make use of a feature that allows you to upload material to our Site, or to make contact with other users of our Site, you must comply with the content standards set out in clauses 25 to 29 of these Terms. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.
21.2 Any material you upload to our Site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy.
21.3 We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our Site.
21.4 We have the right to remove any material or posting you make on our Site if, in our opinion, such material does not comply with the content standards set out in clauses 25 to 29 of these Terms.


22 VIRUSES, HACKING AND OTHER OFFENCES

22.1 You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack.
22.2 By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
22.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any website linked to it.


23 LINKING TO OUR SITE

23.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
23.2 You must not establish a link from any website that is not owned by you.
23.3 Our Site must not be framed on any other Site, nor may you create a link to any part of our Site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in clauses 25 to 29 of these Terms.
23.4 If you wish to make any use of material on our Site other than that set out above, please address your request to admin@heat-group.co.uk.


24 LINKS FROM OUR SITE

Where our Site contains links to other Sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those Sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.


25 PROHIBITED USES

25.1 The provisions of this clause 25 sets out the terms between you and us under which you may access our Site.
25.2 You may use our Site only for lawful purposes. You may not use our Site:
25.2.1 in any way that breaches any applicable local, national or international law or regulation;
25.2.2 in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
25.2.3 for the purpose of harming or attempting to harm minors in any way;
25.2.4 to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as set out in clause 27;
25.2.5 to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
25.2.6 to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
25.3 You also agree:
25.3.1 not to reproduce, duplicate, copy or re-sell any part of our Site in contravention of the provisions of these Terms;
25.3.2 not to access without authority, interfere with, damage or disrupt:
25.3.2.1 any part of our Site;
25.3.2.2 any equipment or network on which our Site is stored;
25.3.2.3 any software used in the provision of our Site; or
25.3.2.4 any equipment or network or software owned or used by any third party.


26 INTERACTIVE SERVICES

26.1 We may from time to time provide interactive services on our Site, including, without limitation:
26.1.1 chat rooms; and
26.1.2 bulletin boards (Interactive Services).
26.2 Where We do provide any Interactive Service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
26.3 We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any Interactive Service provided on our Site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any Interactive Service we provide on our Site, and we expressly exclude our liability for any loss or damage arising from the use of any Interactive Service by a user in contravention of our content standards, whether the service is moderated or not.
26.4 The use of any of our Interactive Services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
26.5 Where we do moderate an Interactive Service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.


27 CONTENT STANDARDS

27.1 These content standards apply to any and all material which you contribute to our Site (Contributions), and to any Interactive Services associated with it.
27.2 You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any Contribution as well as to its whole.
27.3 Contributions must:
27.3.1 be accurate (where they state facts);
27.3.2 be genuinely held (where they state opinions); and
27.3.3 comply with applicable law in the UK and in any country from which they are posted.
27.4 Contributions must not:
27.4.1 contain any material which is defamatory of any person;
27.4.2 contain any material which is obscene, offensive, hateful or inflammatory;
27.4.3 promote sexually explicit material;
27.4.4 promote violence;
27.4.5 promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
27.4.6 infringe any copyright, database right or trade mark of any other person;
27.4.7 be likely to deceive any person;
27.4.8 be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
27.4.9 promote any illegal activity;
27.4.10 be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;
27.4.11 be likely to harass, upset, embarrass, alarm or annoy any other person;
27.4.12 be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
27.4.13 give the impression that they emanate from us, if this is not the case; or
27.4.14 Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.


28 SUSPENSION AND TERMINATION

28.1 We will determine, in our discretion, whether there has been a breach of these through your use of our Site. When a breach of these Terms has occurred, we may take such action as we deem appropriate.
28.2 Failure to comply with these Terms may result in our taking all or any of the following actions:
28.2.1 immediate, temporary or permanent withdrawal of your right to use our Site;
28.2.2 immediate, temporary or permanent removal of any posting or material uploaded by you to our Site;
28.2.3 issue of a warning to you;
28.2.4 legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
28.2.5 further legal action against you;
28.2.6 disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
28.3 We exclude liability for actions taken in response to breaches of clauses 25 to 28 (inclusive). The responses described in this clause 28 are not limited, and We may take any other action We reasonably deem appropriate.


29 COMMUNICATIONS BETWEEN US

29.1 When we refer, in these Terms, to "in writing", this will include e-mail.
29.2 If you are a consumer you may contact us as described in clause 1.2.
29.3 If you are a business:
29.3.1 Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail.
29.3.2 A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or if sent by e-mail, one Business Day after transmission.
29.3.3 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 e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
29.3.4 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.


30 OTHER IMPORTANT TERMS

30.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you in writing or by posting on this webpage if this happens.
30.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
30.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
30.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
30.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
30.6 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our Site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
30.7 If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
30.8 If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).


31 YOUR CONCERNS


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