TERMS & CONDITIONS
These terms and conditions regulate the business relationship between you and us.
By entering into sales of goods and/or services from us, or by using our websites in any way, or you agree to be bound by them.
No person under the age of 18 years may purchase Goods.
If you are under 18, please confer with an adult to make your purchase.
We are: StoneyCNC Limited
t/a StoneyCNC
Our address is: DCU Alpha
Old Finglas Road
Dublin
Ireland
You are a visitor to Our Website / our customer/entering into sales of goods or services from us
Section 1: General Terms & Conditions of Sale
1. Definitions:
Agreement: shall mean the Contract entered into between the Company and the Customer by acceptance of the Terms and Conditions/entering into a sale.
Customer: shall mean any person(s), business or entity and may also be referred to as ‘you’ and ‘they’.
Company: shall mean StoneyCNC Limited also known as ‘StoneyCNC’, ‘us’, and ‘we’.
Goods: shall mean all those items of hardware/equipment and services available and availed of.
Parties/Party: shall mean the Company and the Customer.
Quotation: shall mean the written statement and /or proposal provided by the Company to the Customer detailing the prices for the Goods and/or Services to be delivered by the Company, subject to these Terms and Conditions.
Services: shall mean all the labour provided by the Company’s employees and/or its authorised subcontractors to the Customer.
Supplier: shall mean the organisation supplying the Goods to the Company
2. The Supply of Goods
2.1. Delivery & Storage
Any time or date for delivery stated by the Company shall be treated by the Customer as an estimate only. Whilst every effort will be made to despatch the Goods to arrive at the Customer on time, no liability can be accepted by the Company for failure to deliver within the stated times. The Company shall not be liable for any loss or damage whatsoever (including consequential loss or loss of profit) arising directly or indirectly from any delay in the delivery of all or any of the Goods howsoever caused.
The Company will accept no liability for the shortage, damage to or non-delivery of Goods unless the Customer notifies the Company in writing within three business days of receipt of the Goods.
If the Company fails to deliver the Goods for any reason other than any cause beyond the Company’s reasonable control or the Customer’s fault, and the Company is accordingly liable to the Customer to provide similar Goods to replace those not delivered such liability shall not exceed the price of the Goods contracted for. Furthermore, the Company shall not be liable for loss of profit or other consequential loss and its liability (whether in contract or otherwise) shall in no case exceed the price of the Goods in question.
If for any reason the Customer cannot accept delivery of the Goods at the time when the Goods are due and ready for delivery the Company may store the Goods pending their actual delivery to the Customer. The Customer shall be liable to the Company for the costs (including insurance) of so doing. The Company will invoice the Customer for the Goods on the date the Goods are put into storage and the Company’s normal payment terms will apply. The Customer will notify the Company in writing the date when the Customer is ready to take delivery of the Goods at their premises.
Upon delivery of the Goods, the Customer’s representative is solely responsible for checking that the correct number of boxes are signed for as per the delivery documentation, including signing handheld devices presented by the delivery firm. The Company cannot accept any responsibility for any boxes or content missing upon installation by the Company. Any additional cost incurred to replace the content of the missing box or boxes will be at the Customer’s expense.
2.2. Property & Title
No property or title to the Goods shall pass from the Company to the Customer unless and until the full amount of the value of the Goods as invoiced has been paid to the Company’s bank account in full without recourse or the Company has received the full amount in cash.
The Customer shall fully indemnify the Company against any loss or damage to the Goods prior to the passing of property or title whilst the Goods are in the Customer’s custody, either on the Customer’s premises or in storage
Risk of damage to or loss of the Goods shall pass to the Customer at the time of delivery or, if the Customer fails to take delivery of the Goods, at the agreed time when the Company has tendered delivery of the Goods.
2.3 Trade Name & Mark
Indications of trade names or marks (other than those of the Company) shown in the documentation provided by the Company are not restricted to indications of manufacture but may be indicative of general use of systems, machines etc, associated with the use of such Goods.
Cancellation
Since, under normal circumstances, Goods can be despatched the same day by the Supplier upon receipt of order from the Company, the Company reserves the right not to accept cancellation of an order from the Customer, unless prohibited by legislation.
Where cancellation in writing from the Customer is accepted by the Company, the Company reserves the right to indemnity from the Customer in full for costs incurred.
Return of Goods
Any Goods undamaged, unopened and in a re-saleable condition as new may be returned by the Customer, by prior agreement in writing, approved by a manager of the Company, who reserves the right to make a reasonable handling administration charge which the Customer agrees to pay upon receipt of the Company’s invoice..
2.4 Warranty
All goods sold by the Company are warranted free from defects in materials and workmanship. If the Company shall receive a written complaint from a Customer in respect of Goods found to be defective in respect of materials or workmanship only within 30 days of the delivery date to the Customer’s premises, the Company after it has had a reasonable time to investigate the same and examine the Goods in dispute shall be entitled at its option to repair or replace the defective Goods or refund the purchase price.
No claim will be entertained from the Customer in respect of any Goods, supplied as per the Schedule, which has been repaired or altered in any way or has been the subject of any accident or damage caused by any innocent, wilful or negligent act or omission of the Customer, its employees or agents or through use contrary to the manufacturer’s instructions by the Customer, its employees or agents or by circumstances beyond the control of the Company.
2.5. Health & Safety
In compliance with the legislation, the Company confirms the Goods supplied by the Company do not represent a hazard to the health and safety of the Customer’s employees and agents when properly used for the purpose for which they are designed and provided also that the Customer or its employees or agents take reasonable and normal precautions in their use.
3.0. The Supply of Services.
3.1. The Services to be provided by the Company or its authorised sub-contractors are subject to the following:
Response to service requests by an authorised person of the Customer and repair or replacement (at the option of the Company) of defective parts of the Goods are at the discretion of the Company.
The Company will respond to service requests as they see fit.
Any of the Services which the Company agrees to provide at the Customer's request will be charged at the Company’s hourly or daily rate, and will also include charges for any components, parts, according to the rates and charges in force at the time the Services are requested by the Customer.
The Company will use its reasonable endeavours to provide the Services.
The Services provided by the Company may consist of the telephone, remote access or on-site support and may include travelling time.
If the Company’s representative is called to the Customer's premises and in the representatives reasonable opinion there is no good reason for requesting such Services then the Company reserves the right to make an extra charge at the prevailing hourly rate for all time spent by the Company’s representative, as a result of that call including travelling to and from the Customer's premises and the provisions of this Agreement shall apply to that extra charge as it would apply to any extra charges payable under this Agreement.
All removed parts or components that have been permanently replaced in the Customer's Goods by the Company’s representative, as well as all equipment, test equipment or tools which may be used in the performance, by the Company’s representative, of the Services under this Agreement shall belong to the Company.
3.2. The Company’s responsibilities under this Agreement do not include:
Checking or repairing electrical, mechanical or other, items external to the Goods supplied.
Changing or altering the Goods from the manufacturers' specification or effecting a repair due to any inherent manufacturing or design fault of the component manufacturer or the modification replacement enhancement or adjustments necessitated by such fault.
Providing accessories supplies operating materials or consumables (e.g. cutters, cutting materials, etc) (d) Painting or refurbishing any of the Goods or furnishing the material therefor.
Maintenance of accessories attachments machines or other devices.
Repairing or servicing necessitated as a result of accident misuse modification fault or negligence on the part of the Customer its employee’s agents’ contractors or third parties’ operator errors or by causes external to the Goods such as but not limited to failure or fluctuations of the electrical power or causes outside the control of the Company and other than normal usage by the Customer.
Re-siting the Goods to a location other than at the Customer's premises specified in the Schedule or re-siting the Goods within the Customer's premises and any consequential Services necessitated by any such re-siting or re-installing.
The saving, streaming, backing-up, conversion, patching, editing, re-configuring or restoration of any data program or an operating system from any form of fixed or removable media or other storage devices for whatever reason necessitated. Unless provided as a specific service.
The recovery and liability of any data or programs resulting from infection of viruses or malware, however, caused.
3.3 Access to Goods.
The Customer shall allow the Company’s representative to have full, free and uninterrupted access to the Goods at all reasonable times in order to carry out the Services, as detailed in the Schedule. Under such circumstances, the Company’s representative(s) will comply with the Customer’s approved health and safety policy and any other relevant policies and procedures that do not hinder the performance of the Company’s representative.
3.4 Adequate Facilities.
During the period of this Agreement, the Customer shall provide, at its own expense, for the use of the Company’s representative, adequate working space within a reasonable distance of where the Goods are installed and shall make available at the Customer’s premises, at its own expense, such ventilation, light, telephone and power supplies as the Company’s representative may reasonably require to perform the Services. The Customer retains the right at all times to require the Company’s representative to vacate the premises at any time in the event of a security threat
3.5 Security, Integrity and Data Protection.
The Customer shall be solely responsible for the security integrity and reliability of all programs and other information confidential sensitive or otherwise at the Customer's premises prior to, during and after such time as the Company’s representative(s) are present at the Customer’s premises performing the Services. It is a further condition that the Customer ensures that all the programmes, applications and operating environments are of a release version or level which is compatible with the current level of hardware and are licensed for use by the Customer. Furthermore, both Parties agree that neither Party will misuse or disclose to others any confidential information about the other business activities unless agreed in writing by both Parties.
The parties acknowledge that during the term of this Agreement the Customer is the Data Controller or the Controller (as applicable) and the Service Provider is the Data Processor or Processor (as applicable) in respect of any Personal Data.
The Service Provider shall Process the Personal Data solely to the extent necessary to provide the Services in accordance with the terms of this Agreement and shall not Process the Personal Data for any purpose other than those expressly authorised by the Company unless such Processing is strictly required to comply with any Applicable Law to which the Company is subject, in which case the Company shall inform the Customer of such legal requirement before processing unless the relevant law prohibits such disclosure on grounds of public interest.
Each party warrants to the other that it will process the Personal Data in compliance with the applicable Data Protection Law. The Company shall (and shall ensure that any of its Personnel) not do any act that puts the Customer in breach of its obligations under the applicable Data Protection Law.
The Company warrants that having regard to the state of technological development, the cost of implementing any measures and the nature, scope, context and purposes of the processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, it will take appropriate technical and organisational measures against the unauthorised or unlawful processing of Personal Data and against the accidental loss or destruction of, or damage to, Personal Data to ensure a level of security appropriate to the risk, including, inter alia, the measures set out in articles 1(a) to 1(d) of the GDPR.
The Company warrants that the Personal Data will only be processed within the United Kingdom or EU for the purposes of the provision of the Services and the Company shall only transfer the Customer Data outside these regions or to an International Organisation in accordance with the Customer’s written instructions.
The Company shall provide such reasonable information and assistance to the Customer as the Customer may reasonably require, and within the timescales reasonably specified by the Customer, to allow the Customer to (i) comply with the rights of Data Subjects, including subject access rights, or with notices served by the Information Commissioner or any other law enforcement or regulatory authority; and (ii) comply with the Customer’s obligations pursuant to the applicable Data Protection Law (including without limitation articles 32 to 36 of the GDPR in relation to the Customer Data, in each case taking into account the nature of Processing and the information available to the Company and provided that the Customer shall pay all reasonable expenses incurred by the Company in providing such assistance).
The Company shall, within a reasonable period further to receipt of a written request from the Customer, provide to the Customer copies of the Customer Data set out in that request (in a format and on the media reasonably agreed between the parties), provided that the Customer shall pay all reasonable expenses incurred by the Company in providing such Customer Data.
3.6. Condition of Goods
It is a condition of this Agreement that the Goods requiring installation by the Company shall be in good operational condition once installed and handed over by the Company’s representative to the Customer.
If there has been any delay, other than that caused by the Company, between the expiry of any warranty or licence in relation to any of the Goods referred to in the Schedule and the date when it is required to be afforded cover under this Agreement or if the Company agrees to maintain Goods which it has not supplied and such Goods are not in good operational condition at that time, then the provisions of this Agreement shall not apply until such time as the Goods are put into good operational condition to the Company’s reasonable satisfaction and handed over to the Customer
The Company shall be entitled to make an additional charge at the Company’s prevailing prices for any work required under this clause which may be requested in writing to be carried out by the Customer.
3.7 Peripheral Equipment
In the case of peripheral equipment, they will not include the replacement repair or rectification of any connection to the equipment subsequent to its manufacturer or any damage caused to the electric circuitry or mechanical properties of the equipment as a result of the connection of any such peripherals to the Goods or by the connection to the Goods of any peripheral not manufactured by the manufacturer of the Goods.
3.8 Sub-Contractors
The Company shall be entitled to sub-contract to a third party all or any part of its obligations under this Agreement to provide the Services.
3.9 Insurance
All risks of loss of or damage to the Goods or to the Customer's premises, howsoever caused, shall be borne by the Customer save as provided herein
All risks of loss of or damage to the Goods that had been removed from the Customer’s premises by the Company for repair shall be borne by the Company during its period of absence from the Customer’s premises.
4.0. General.
4.1. Terms and Conditions
These Terms and Conditions shall apply to the supply of Goods and Services to be provided by the Company or any of its associated or subsidiary companies to the Customer as specified in the Schedule(s).
All Quotations and Invoices provided and Contracts for Goods and Services made by the Company shall be deemed to incorporate these Terms and Conditions which shall be deemed to have replaced any previously agreed Terms and Conditions contained in writing or otherwise submitted to the Customer by the Company.
No agreement or variation of these Terms and Conditions of whatsoever nature shall form part of or operate as a waiver or variation to this Agreement unless expressly accepted in writing by a director of the Company and an authorised signatory of the Customer.
These Terms and Conditions should also be read and run in conjunction with the restrictions for each specific Goods and Services.
Any formal notice required to be given hereunder shall be sent by first class recorded delivery addressed to the Party to be served or at its current registered office in relation to a limited company and be deemed to have been received two working days after posting.
4.2 Force Majeure
In the event that the Company is prevented from carrying out its obligations under this Agreement with the Customer as a result of any cause beyond its control such as but not limited to acts of God, war, strikes, lock-outs, flood and failure of third parties to deliver the Goods and/or Services, the Company shall be relieved of its obligations and liabilities under this Agreement for as long as such fulfilment is prevented.
4.3 Customer Obligations
The Customer shall:
Utilise the Goods correctly in accordance with the manufacturers or Suppliers' operating manuals and instructions and with such operating supplies and consumables as are in accordance with the manufacturers’ or Suppliers' requirements and promptly and regularly carry out all operations maintenance routines (if any) as are set out or referred to therein.
Not allow any other person firm or company other than the Company’s representative to adjust repair alter or upgrade or maintain the Goods except for the usual operators' maintenance routines (if any) as specified in the foregoing sub-clause.
Notify the Company as soon as reasonably practicable if the Goods develop an operating fault provided that if the Customer shall fail to notify the Company in accordance with this sub-clause of any operating fault, the Company’s liability under this Agreement shall be limited to such remedial work as would have been required had the fault been reported when it first arose and the Customer shall be liable for any additional Services or repairs which are necessitated as a result of the delay in reporting the defect or operating fault to the Company which may result in an extra charge to the Customer at the Company’s prevailing rates.
(d) Acknowledge that the Company’s liability under this Agreement is limited and the Company shall have no liability in respect of issues with the Goods or the supply of the Services where such issues have been notified by the Company to the Customer in writing but the Customer has failed within a reasonable time to rectify such issues to the extent that they affect the performance of the Services or the use of the Goods
4.4. Charges and Payment Terms
The charges for Goods will be either paid within the website, or if necessary, invoiced and sent to the Customer for payment, but all goods must be paid for upfront, barring other agreements entered into between the Customer and the Company. Goods will be dispatched when full payments have been received into the Company bank account.
The charges for Services will be estimated and paid for upfront as above, and where extra rates and charges are applicable they must be paid within 30 days.
In the event of any failure to honour any payments, the Company shall be entitled to treat such failure to make the payment(s) as a reason for withholding the Services.
Any other charges under this Agreement will be invoiced by the Company to the Customer and payment shall be due within thirty (30) days from the date of invoice.
Charges are exclusive of Value Added Tax or any other like taxes which will be payable by the Customer at the rate ruling at the tax point date.
If any charge or additional charge under this Agreement, due from the Customer for the Goods and/or Services, shall not be paid within thirty (30) days after it becomes due then the Company reserves the right to suspend the Services hereunder until the amount due shall have been paid in full together with interest.
Without prejudice to any other remedy, the Company may at any time vary any or all of its charges if for any reason the cost of the Company performing the Services under this Agreement are increased by any non-compliance by the Customer with the provisions of this Agreement provided that any such variation to the Company’s charges shall be reasonable.
4.5. Liability
This clause sets out the entire liability of the Parties to each other under this Agreement:
The Company shall under no circumstances whatsoever is liable for any indirect or consequential loss howsoever caused.
Under no circumstances shall the Company be liable to the Customer for any damages, loss of profits or business or any indirect or consequential loss or damage.
The Customer shall indemnify the Company in respect of any claim for loss damage or injury caused by the Customer or occasioned on the Customer’s premises and not caused by the acts or omissions of the Company to any of the Company’s representative(s) or their property, occasioned by or arising from the possession, operation, use or modification of the Goods.
The warranty in clause 2.4 above is given in place of all warranties, conditions terms, undertakings and obligations implied by statute, common law, custom, trade, usage, course of dealing or otherwise, all of which are excluded to the fullest extent permitted by law. The Company will use all the reasonable skill and care in its performance of this Agreement as would be expected of a professional company in the business of supplying and/or maintaining CNC or related systems.
The Company shall have no liability whatsoever in respect of delays caused by, or arising from the negligent performance of, errors, or poor management by third party individuals or organisations beyond its control.
The Company shall not be liable in respect of any defect with the Services which arises as a result of defects with the Goods which the Customer has been made aware of by the Company.
Where the Company provides recommendations to the Customer the Company does so in good faith. However, it is the Customer’s responsibility to take all reasonable steps to ensure that such recommendations will be of benefit to the Customer, and if necessary to seek independent advice to confirm or otherwise the Company’s recommendations. Where the Customer has acted upon the recommendations of the Company, the Company bears no liability in the event that the Customer incurs a loss.
4.6 Miscellaneous
When we communicate with you we may do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post. Where we provide goods or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other goods or service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of those goods or service. Nothing in this agreement or on Our Website shall confer on any third party any benefit or obligation. If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms. No waiver by us, in exercising any right, power or provision in this agreement shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver. In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation. We are not liable for any breach of our obligations resulting from causes beyond our reasonable control. This Agreement shall be governed by and construed in accordance with the laws of the Republic of Ireland. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
If any provision hereof shall be held to be invalid illegal or unenforceable the validity and enforceability of the remaining provisions shall not be in any way be affected or impaired thereby.
A waiver by the Company of any breach of these conditions or any granting of time or indulgence by the Company to the Customer shall in no way affect the rights of the Company hereunder.
All headings are for convenience only and do not form part of these terms & conditions.
4.6 Authority
By accepting this Agreement the person warrants to the Company that they have the authority of the Customer to do so.
Section 2: Website Terms & Conditions
All Website Terms and conditions are in addition to the General Terms and Conditions of Sale detailed in Section 1
Definitions within this section of the agreement:
“Carrier” means any person or business contracted by us to carry Goods from us to you, whether all or part of the distance.
“Consumer” means any natural person who, in connection with this agreement, is acting for purposes that are outside his business.
“Our Website” means the entire computing hardware and software installation that is or supports www.stoneycnc.com
“Goods” means any of the Goods we offer for sale on Our Website.
“Content” means any material in any form published on Our Website by us or any third party with our consent.
“Material” means Content of any sort posted by you on Our Website.
Our contract with you
These terms and conditions apply. So far as the context allows, to you as a visitor to Our Website; and in any event to you as a buyer or prospective buyer of our Goods. We shall accept your order by e-mail confirmation. That is when our contract is made. Our message will also confirm the details of your purchase. We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Goods. Unfortunately, we cannot guarantee that the Goods advertised on our website are available. If we do not have all of the Goods you order in stock, we may offer you alternatives. If this happens you may accept the alternatives we offer or, cancel all or part of your order. If in future, you buy Goods from us under any arrangement which does not involve your payment via Our Website, these terms still apply. If we owe you money on account of your cancellation, we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 30 days from the date of cancellation of your order.
Your account with us
You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods. If you use the website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your computer. You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password. We reserve the right to refuse you access to Our Website.
Price and Payment
We endeavour to keep Our Website prices updated and accurate but it is possible that the price may have increased from that published.
Delivery
Deliveries will be made by a carrier instructed by us to the address stipulated in your order. You must ensure that someone is present to accept delivery. We will retain any charge we made for delivery if the delivery cannot be fulfilled. We may deliver the Goods in instalments if they are not all available at the same time for delivery. Goods are sent at our risk until signed for by you or by any other person at the address you have given to us.
Cancellation of order
If you are a citizen of the European Union, and you bought the Goods as a Consumer, you may cancel your order at any time before we despatch your order or before the expiry of 14 working days from the date you receive your order, not including the day you received it. If you cancel before we have sent the Goods, we will refund to you the price of the Goods and the cost of delivery, if any. If you cancel after we have despatched the Goods, we will refund the price of the goods only. If you cancel your order after we have despatched the Goods, you must return them to us within 7 days in the same condition in which you received them. We cannot refund your money if the Goods have been used, worn or damaged. You are responsible for the cost of returning them. We will refund your money within 30 days. This paragraph does not affect your rights in the event that the Goods are faulty.
Foreign taxes, duties and import restrictions
You are responsible for purchasing Goods that you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.
Goods returned
Our most important task is to ensure your absolute satisfaction. We will always strive to reach that target. However, we acknowledge that mistakes are made occasionally. This paragraph covers that possibility. If you are not wholly satisfied with the Product, please tell us at the earliest opportunity, exactly what is the fault, the date, if relevant, when the fault became apparent, when and how you discovered the fault, how the fault affected your use of the Goods. To do this, it is essential that you follow the instructions below. These provisions apply in the event that you return Goods to us because you say they are faulty. You must tell us by email message to info@stoneycnc.co.uk or by letter to our land address at the top of this agreement, that you would like to return goods, specifying exactly what goods and when purchased, and giving full details of the defect or other reason for return. We will then issue a returns number. If you send goods to us without a returns number, we may not be able to identify sufficient details to enable us to attend to your complaint. The Goods must be returned to us as soon as any defect is discovered. So far as possible, Goods should be returned with all packaging and as far as possible in their original condition. They should securely be wrapped, including our delivery slip at your risk and cost.
All goods must be returned by the customer to the following address:
StoneyCNC
DCU Alpha
Old Finglas Road
Dublin
Ireland
Disclaimers
We or our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the Goods, at any time and without advance notice. You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention, any that you find. We give no warranty and make no representation, express or implied, as to, the adequacy or appropriateness of the Goods for your purpose, the truth of any Content on Our Website published by someone other than us, any implied warranty or condition as to merchantability or fitness of the Goods for a purpose other than that for which the Goods are commonly used, compatibility of Our Website with your equipment, software or telecommunications connection. Our Website may contain links to other Internet websites outside our power and control. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website. We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the purchase of Goods. In any event, including the event that any term or condition or obligation on our part (“Implied Term”) is implied into these conditions by law, then our liability is limited to the maximum extent permitted by law, to the value of the goods or services you have purchased.
Content and Intellectual Property Rights
We will defend the intellectual property rights in connection with our Goods and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software). We also claim copyright in the designs and compilation of all Content of Our Website. Title, ownership rights, and shall remain the sole property of us and/or the other content provider. We will strongly protect those rights in all countries. Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part. You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person. Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.
Your email address
You represent that any username or email address selected by you, when used alone or combined with a second or third level domain name, does not interfere with the rights of any third party and has not been selected for any unlawful purpose. You acknowledge and agree that if we believe such selection does interfere with the rights of any third party or is being selected for any unlawful purpose, we may immediately suspend the use of such name or email address, and you will indemnify us for any claim or demand that arises out of your selection. You acknowledge and agree that we shall not be liable to you in the event that we are ordered or required by a court or judicial authority, to desist from using or permitting the use of a particular domain name as part of a name or email address.
Your Material
If you post any Material on Our Website, you warrant that you own the copyright in it and you accept all risk and responsibility for it. You grant us the right to edit, copy, publish, distribute, translate and otherwise use it in any medium and for any purpose. You agree that if you do post any Material on Our Website, in doing so, you grant to us a non-exclusive, irrevocable, royalty-free, right in perpetuity to use that Material in any way whatever, throughout the World in any medium. You agree to waive your right to be identified as the author and your right to object to derogatory treatment of your Material. You agree to perform all further acts necessary to perfect any of the above rights granted by you to us, including the execution of deeds and documents, at our request. You represent and warrant that you own the rights to all of the Material that you post any fact stated in your Material is accurate.
System Security
We will do our best to maintain Our Website so that you have constant use, but there will be times when your use may be interrupted. You agree that you will not, and will not allow any other person to violate or attempt to violate any aspect of the security of Our Website. You may not use any software tool for the purpose of extracting data from our website. You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
Acceptable use Policy
As a condition of your use of Our Website, you agree to comply with these provisions. You will not use or allow anyone else to use the Web Site to post or otherwise publish: copyright works, commercial audio, video or music files, any Material which violates the law of any established jurisdiction, unlicensed software, software that assists in or promotes: emulators, phishing, hacking, password cracking, IP spoofing, links to any of the material specified in this paragraph, pornographic Material or any Material promoting discrimination or animosity to any person on grounds of gender, race or colour. You will not use the Services for spamming. Spamming includes but is not limited to: the bulk sending of unsolicited messages, or the sending of unsolicited emails which provoke complaints from recipients, the sending of junk mail, the use of distribution lists that include people who have not given specific permission to be included in such distribution process, excessive and repeated posting off-topic messages to newsgroups, excessive and repeated cross-posting, email harassment of another Internet user, including but not limited to, transmitting any threatening, libellous or obscene material, or Material of any nature which could be deemed to be offensive, the e-mailing of age-inappropriate communications or content to anyone under the age of 18.
Indemnity
You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of Our Website, you are posting any Material or the infringement by you, or by any other person using your computer, of any intellectual property or other rights of any person.
