Welcome to our terms and conditions, which apply to
your use of the Beessence Website. By accessing this Website, you
agree to be bound by them.
DEFINITIONS"Conditions" means these terms and conditions:
"Personal Information" means any personal details provided by
you via the Website; "User(s)" means (a) user(s) of the
Website either collectively or individually, as the context requires;
"We/us/our" means Beessence Candles, "Website" means the
website located at
www.beessence.co.uk or
www.essencecandles.co.uk or
www.candles-beeswax.co.uk or any
subsequent URL which may replace it; and "You/your" means you
as a user of the Website.
1 ACCESSWe
will provide you with access to the Website in accordance with these
Conditions.
2 YOUR OBLIGATIONS2.1
You:
2.1.1 agree not to use the Website (or any part of) for any
illegal purpose and agree to use it in accordance with all relevant
laws;
2.1.2 agree not to upload or transmit through the Website
any computer viruses, macro viruses, trojan horses, worms or anything
else designed to interfere with, interrupt or disrupt the normal
operating procedures of a computer;
2.1.3 will not upload or
transmit through the Website any material which is defamatory,
offensive, or of an obscene or menacing character, or that may cause
annoyance, inconvenience or needless anxiety;
2.1.4 will not use
the Website in a way that may cause the Website to be interrupted,
damaged, rendered less efficient or such that the effectiveness or
functionality of the Website is in any way impaired;
2.1.5 will
not use the Website in any manner which violates or infringes the rights
of any person, firm or company (including, but not limited to, rights of
intellectual property, rights of confidentiality or rights of
privacy);
2.1.6 agree that in the event that you have any right,
claim or action against any Users arising out of that User's use of the
Website, then you will pursue such right, claim or action independently
of and without recourse to us.
3
INDEMNITY3.1 You agree to be fully responsible for (and
fully indemnify us against) all claims, liability, damages, losses,
costs and expenses, including legal fees, suffered by us and arising out
of any breach of the Conditions by you or any other liabilities arising
out of your use of the Website, or the use by any other person accessing
the Website using your PC or internet access account.
4 OUR RIGHTS4.1 We reserve the right to:
4.1.1 modify or withdraw, temporarily or permanently, the Website (or
any part of) with or without notice to you and you confirm that we shall
not be liable to you or any third party for any modification to or
withdrawal of the Website; and/or
4.1.2 change these Conditions
from time to time, and your continued use of the Website (or any part
of) following such change shall be deemed to be your acceptance of such
change. It is your responsibility to check regularly to determine
whether the Conditions have been changed. If you do not agree to any
change to the Conditions then you must immediately stop using the
Website.
4.2 We will use our reasonable endeavours to maintain the
Website. The Website is subject to change from time to time. You will
not be eligible for any compensation because you cannot use any part of
the Website or because of a failure, suspension or withdrawal of all or
part of the Website due to circumstances beyond our control.
5 THIRD PARTY LINKSIn an attempt to provide
increased value to our Users, we may provide links to other websites or
resources. You acknowledge and agree that we are not responsible for the
availability of such external sites or resources, and do not endorse and
are not responsible or liable, directly or indirectly, for the privacy
practices or the content (including misrepresentative or defamatory
content) of such websites, including (without limitation) any
advertising, products or other materials or services on or available
from such websites or resources, nor for any damage, loss or offence
caused or alleged to be caused by, or in connection with, the use of or
reliance on any such content, goods or services available on such
external sites or resources.
6
MONITORINGWe have the right, but not the obligation, to
monitor any activity and content associated with the Website. We may
investigate any reported violation of these Conditions or complaints and
take any action that we deem appropriate (which may include, but is not
limited to, issuing warnings, suspending, terminating or attaching
conditions to your access and/or removing any materials from the
Website).
7 YOUR DATA7.1 We respect
your personal information and undertake to comply with applicable UK
Data Protection legislation from time to time in place.
7.2 You
should be aware that:
7.2.1 if we are requested by the police or
any regulatory or government authority investigating suspected illegal
activities, or upon receipt of a court order, to provide your Personal
Information and/or information concerning your activities whilst using
the Website we shall do so; and
7.3 We reserve the right in our
reasonable discretion to disclose details of your use of the Website in
relation to any, or any threatened, Court Proceedings in connection with
your use, or the use of anyone under your control, of the Website
whether in connection with the matters set out in these Conditions or
otherwise.
7.4 Please view our Privacy Policy, which forms part of
these Conditions.
8 INTELLECTUAL PROPERTY AND RIGHT
TO USE8.1 You acknowledge and agree that all copyright,
trademarks and all other intellectual property rights in all material or
content supplied as part of the Website shall remain at all times vested
in us or our licensors. You are permitted to use this material only as
expressly authorised by us.
8.2 The Website is Copyright, Beessence Candles, 2008.
All rights reserved.
9.
NOTICES9.1 You may send us notices under or in connection
with these Conditions using our
Contact Us form.
9.2 As proof of sending does not guarantee our receipt of
your notice, you must ensure that you have received an acknowledgement
from us, which will be sent within 3 working days of our receipt and
should be retained by you.
10. LIMITATION OF
LIABILITY10.1 WHILE WE WILL USE REASONABLE ENDEAVOURS TO
VERIFY THE ACCURACY OF ANY INFORMATION WE PLACE ON THE WEBSITE, WE MAKE
NO WARRANTIES, WHETHER EXPRESS OR IMPLIED IN RELATION TO ITS ACCURACY.
10.2 The Website is provided on an "as is" and "as
available" basis without any representation or endorsement. Unless
specified in separate terms and conditions related to a particular
product or service, we make no warranties of any kind, whether express
or implied, in relation to the Website, or products or services offered
on the Website whether by us or on our behalf (including free software
downloads) including but not limited to, implied warranties of
satisfactory quality, fitness for a particular purpose,
non-infringement, compatibility, security, accuracy, condition or
completeness, or any implied warranty arising from course of dealing or
usage or trade.
10.3 Unless specified in separate terms and
conditions related to a particular product or service, we make no
warranty that the Website or products or services offered on the Website
whether by us or on our behalf (including free software downloads) will
meet your requirements or will be uninterrupted, timely, secure or
error-free, that defects will be corrected, or that the Website or the
server that makes it available or products or services offered on the
Website whether by us or on our behalf (including free software
downloads) are free of viruses or bugs or are fully functional,
accurate, or reliable. We will not be responsible or liable to you for
any loss of content or material as a result of uploading to or
downloading from the Website.
10.4 Notwithstanding any other
provision in the Conditions, nothing shall limit your rights as a
consumer under United Kingdom law.
10.5 You acknowledge that we
cannot guarantee and therefore shall not be in any way responsible for
the security or privacy of the Website and any information provided to
or taken from the Website by you.
10.6 We will not be liable in
contract, tort or otherwise if you incur loss or damage connecting to
the Website through a third party's hyper-text link.
10.7 We will
not be liable, in contract, tort (including, without limitation,
negligence), pre-contract or other representations (other than
fraudulent misrepresentations) or otherwise out of or in connection with
the Website or products or services offered on the Website whether by us
or on our behalf (including free software downloads) for:
10.7.1
any economic losses (including without limitation loss of revenues,
profits, contracts, business or anticipated savings); or
10.7.2
any loss of goodwill or reputation; or
10.7.3 any special or
indirect or consequential losses; in any case whether or not such losses
were within the contemplation of either of us at the date on which the
event giving rise to the loss occurred.
10.8 Nothing in the
Conditions shall exclude or limit our liability for death or personal
injury resulting from our negligence or that of our servants, agents or
employees.
11 SEVERANCEIf any part of
the Conditions shall be deemed unlawful, void or for any reason
unenforceable, then that provision shall be deemed to be severable from
these Conditions and shall not effect the validity and enforceability of
any of the remaining provisions of the Conditions.
12 WAIVERNothing shall be construed as a waiver
by us of any preceding or succeeding breach of any provision.
13 SURVIVALEach provision of these Conditions
shall be construed as separately applying and surviving even if for any
reason one or other of those provisions is held to be inapplicable or
unenforceable in any circumstances.
14 ENTIRE
AGREEMENTThese Conditions (as amended from time to time)
contain the entire agreement between you and us relating to the subject
matter covered and supersede any previous agreements, arrangements,
undertakings or proposals, written or oral, between you and us in
relation to such matters. No oral explanation or oral information given
by either of us shall alter the interpretation of these Conditions. You
confirm that, in agreeing to accept these Conditions, you have not
relied on any representation save insofar as the same has expressly been
made a representation in these Conditions and you agree that you shall
have no remedy in respect of any misrepresentation which has not become
a term of these Conditions save that your agreement contained in this
Clause shall not apply in respect of any fraudulent misrepresentation
whether or not such has become a term of these Conditions.