Please read these terms and conditions carefully before using this website or subscribing to our services.
1. Terms and Conditions
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1.1. Thank you for choosing to visit our website, these Terms and Conditions (referenced herein as the “Agreement”) will apply to any person who visits our website and/or uses our services.
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1.2. This Agreement (together with any documents referred to in it) tells you the terms of use on which you may make use of our website and the information contained therein.
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1.3. This Agreement is written to protect both you and us. You should read this Agreement carefully because it governs your access to, and use of, our website and any related services. This Agreement tells you who we are, how we will provide the website content and services to you, how we may change or end the Agreement, what to do if there is a problem, and other important information. If you think that there is a mistake or omission in any of these terms, please contact us via the website “Contact Us” page to discuss.
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1.4. By visiting our website and/or using our services, you (referenced herein as “you” or “your”) are entering into a legal agreement with FLAWLESS PAWS LTD. They operate under the brand name FLAWLESS PAWS UK (referenced herein as “we”, “us” or ‘our’), consisting of this Agreement, our , and our . You acknowledge that you have read this Agreement, that you understand it and all its terms and conditions and that you agree to be bound legally by it. If you do not agree with any of the terms and conditions outlined in this Agreement, you are not granted permission to access or use this website and its services. In that case, you are instructed to immediately cease all use of this website and its services.
2. Definitions of Terms Used in this Agreement
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2.1. “Agreement” means these Terms and Conditions, and any documents to which they refer including, but not limited to, our and .
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2.2. “Contract” means the contract between the Seller and the Consumer for the sale and purchase of Goods incorporating these Terms and Conditions.
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2.3. “Consumer” means an individual or organisation that buys or agrees to purchase the Goods from the Seller and shall have the meaning ascribed to it in section 2 (3) of the Consumer Rights Act 2015. The Consumer’s statutory rights are not affected by any of these terms and conditions.
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2.4. “Goods” means all goods or services that the Consumer agrees to buy from the Seller.
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2.5. “Seller” means “Flawless Paws” which is the trading name of FLAWLESS PAWS LTD.
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2.6. “Services” means all or any services provided by us through this website.
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2.7. “We”, “us” or “‘our” means FLAWLESS PAWS LTD as the provider of the services defined by these Terms and Conditions.
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2.8. “Website content” means the text, information, images, photographs, adverts, messages, software, files, sounds, and all other material published on, or delivered by, this website.
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2.9. “You” and “your” means the reader of this Agreement.
3. Information About Us and How to Contact Us
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3.1. This website is operated by FLAWLESS PAWS LTD. We are a company registered in England and Wales and have our registered office at 15 Commercial Road, Paddock Wood, Kent, TN12 6EN .
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3.2. Flawless Paws UK is a trading brand name of FLAWLESS PAWS LTD and refers to our website and its services.
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3.3. You can contact us via the website “Contact Us” page, by email at alex@flawlesspawsuk.co.uk, by telephone on our number 07544994459 or by post to our operating address:
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Flawless Paws Ltd
Cherry Tree Farm -
Cross Drive
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Kingswood
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Maidstone
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Kent
ME17 3NP
4. Our Services
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4.1.Flawless Paws Ltd is a online shop service where consumers can purchase a variety of products and have access to subscription payment packages. Please check the website and your chosen purchase for the ingredients within the food/treat purchased.
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4.2. We research and source goods that we think are good for your pet along with our own branded food which is sourced from GA Pet Foods Ltd. It is your responsibility to check each product we ship to you, and if you believe it to be unsafe for your pet, you can return it to us for a replacement.
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4.3. Every effort will be made to ensure the products we supply to you are safe and meet the guidelines set out. However, we cannot be held responsible for any damage, financial loss, health issue or loss of life incurred from a product we have chosen to send you. You are responsible for checking that each product is safe and correct for your pet. If you have any concerns or would like to reject an item, please notify us within 24 hours of receipt, and we will arrange an alternative item.
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4.4. Consumers create a user account on this website and are responsible for managing their account to alter or cancel their subscribed service.
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4.5. Payment must be received in full before each delivery. By registering for one of our subscription packages the Consumer, once they have completed the order process, makes a binding offer to enter into the purchase contract.
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4.6. Subscription plans may be subject to change over time in content, price, or composition. In the event of any change, we will let you know in advance to offer you the opportunity to cancel your subscription.
5. User Obligations
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5.1. By downloading, accessing, or using this website, you covenant that you will abide by all applicable national and local laws and regulations with respect to your use of the website and that you are at least 18 years of age.
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5.2. By registering as a user on this website, you covenant that you are legally capable of entering into binding contracts in accordance with our terms and conditions.
6. User Accounts
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6.1. All consumers using this website are required to register as a user. You may create only one account per person, and you may not assign, transfer, or offer the use of your account to any other person.
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6.2. All information provided when creating an account must be accurate and complete. Users are responsible for keeping all details, including payment information, up to date.
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6.3. In creating an account, you are required to create a username and a password. Your username must not contain any offensive or defamatory content or imply any relationship with an organisation or individual that you are not entitled to claim. We reserve the right to reject any application where we believe the username does not meet these conditions.
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6.4. If you choose to create an account on this website to store your user details, you must treat the account login credentials as confidential information, and you must not disclose these details to anyone else. You are responsible for maintaining your account’s confidentiality and to the extent permitted by law, you agree to accept full responsibility for all activities that occur under your account.
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6.5. You must inform us immediately and undertake to us if you have any reason to believe that your account login credentials have become known to anyone else, or are being, or are likely to be used in an unauthorised or illegal manner.
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6.6. We reserve the right to refuse service, cancel subscription orders or terminate your account at our sole discretion. If we do this, we will only charge you for orders already shipped to you.
7. Payments
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7.1. Payment for goods is to be made using a PayPal, credit or debit card. Unfortunately, we cannot accept payments sent in the form of cash or cheques and are not responsible for the loss of such payments.
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7.2. The first payment is automatically taken once a valid subscription is taken out. All subsequent payments are taken out on the first day of every month, irrespective of when the subscription is made, and the Consumer signs up to our service. Depending on when a subscription is taken out, the first two payments may be taken close together.
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7.3. A monthly direct debit will be set up at the Checkout. You can cancel this direct debit at any time by logging in and managing your account.
8. Product and shipping prices
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8.1. We reserve the right to change our product price or shipping prices at any time to meet market demands.
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8.2. All prices include VAT where applicable, please contact us if you require a VAT invoice receipt.
9. Delivery
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9.1. Delivery is available to addresses globally. You are responsible for ensuring that you have provided us with the correct delivery address. We are not liable in the event of any errors in the address that we are given.
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9.2. The first order will be shipped as soon as practical after a valid subscription is taken out. As stated on our website, we ship all subsequent normal monthly orders out to our customers around the 15th to the 20th of each month.
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9.3. Once payment is made for an order, the order details are passed to our fulfilment centre for labelling and dispatch. It is not possible to prevent delivery once the fulfilment centre has received the order details and so any refund request will require the Consumer to return the order once it has been received.
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9.4. We reserve the right to use the delivery company of our choosing, but we will not be held responsible for any consequences of a delay in receipt of a subscription order. We do not guarantee that a delivery will be with you on or by an agreed date, and no refunds or compensation can be given in accordance with this.
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9.5. If your Flawless Paws Dog Food/Cat Food/Treats has not been delivered within 30 days of dispatch, please contact our customer support team, and we will arrange for a new product to be shipped free of charge.
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9.6. If we are unable to deliver an ordered product because our own suppliers are unable to supply that product, without culpability on our part, we may withdraw from the contract. In such a case, you will be contacted without delay, and we will offer a comparable product. If a comparable product is not available, or you choose not to accept that product, we shall refund your payment.
10. Returns
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10.1. If any items are found damaged when they are delivered or are missing from a delivery, then these must be reported within 14 days of receipt, to alex@flawlesspawsuk.co.uk to arrange a replacement or refund. We will pay all reasonable shipping fees for customer returns of damaged or faulty goods. Failure to do so will not affect your statutory guarantee rights as a consumer.
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10.2. We offer all consumers a money-back guarantee in the event that you change your mind. If you buy our Flawless Paws Dog Food and you don’t like it for whatever reason you can send it back to us for a no questions asked refund. You will be responsible for paying shipping fees for customer returns under these circumstances. You have 28 days after receipt of the Flawless Paws Dog Food/Cat Food/Treats to return to us. Refunds cannot be offered for items that are incomplete, damaged, or returned after this period.
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10.3. We do not accept liability for a refund in the event that we fail to receive any returned items.
11. Cancellation
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11.1. You may cancel your subscription at any time. We request that you cancel by logging into your account and follow the online cancellation process. While we accept cancellation instructions by email, we cannot guarantee that we will receive emails. This may be due to emails being marked as spam by our service provider, through sender errors in the email address or other circumstance outside of our control.
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11.2. Subscription orders are processed on the first day of every month. Cancellation requests must be processed before the first day of the month for that month’s payment not to be taken, and the order dispatched. We recommend you login and use the online cancellation process to guarantee the cancellation request is processed before this deadline.
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11.3. If a cancellation request is received before the first day of the month and that month’s payment is subsequently taken, we will without quibble refund the payment. If the order for that month is also dispatched, you will not be liable for payment for that order, even if we cannot prevent delivery of the treat box. You will not be responsible for the return of the delivered items in these circumstances.
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11.4. We will not accept any refund requests or chargebacks from the banks in the event that a consumer has not used their online account to cancel their subscription and we have not received any communications with a cancellation request from that Consumer.
12. Offers and discounts
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12.1. We may offer new and/or existing customers special offers from time to time. Where we make such offers, introductory offers are only available to new users. Existing customers who try to gain introductory offers by cancelling and re-subscribing, will not have their box delivered until full payment is made. Competitions for a free subscription cannot be entered by existing customers unless explicitly stated. Existing or previous customers will be identified through any shared email, billing or postal address, or credit or debit card.
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12.2. Offers are limited to one individual pet unless otherwise explicitly stated.
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12.3. We may cancel any special offer, introductory offer, or discount at any time without notice. We may also remove a discount or offer from any account, for any reason at our sole discretion.
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12.4. At our sole discretion, we may restrict who may enter into offers, or reject an entry, for any reason.
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12.5. Account credits, offers and discounts cannot be redeemed for cash.
13. Right of withdrawal
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13.1. All new consumers have a cancellation right, the withdrawal period expiring 14 days from the date you register an Account with Flawless Paws Ltd. To exercise the right to cancel, you must inform us of your decision to withdraw from this contract by email, within these 14 allocated days. Although no reason for cancelling is required, it will help us improve our services if you give this feedback.
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13.2. If a Consumer withdraws from this contract, we will reimburse all payments received from the Consumer, without undue delay and not later than 14 days from the day on which we are informed about the Consumer’s decision to withdraw from the contract. We will carry out the reimbursement through the same means of payment used in the initial transaction.
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13.3. We may withhold reimbursement until we have received the goods back or the Consumer has supplied evidence of having sent back the goods, whichever is the earliest. Goods must be returned complete, intact, and undamaged, in a re-saleable condition. You are liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the goods’ nature, characteristics, and functioning.
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13.4. The Consumer shall be contacted via email within 48 hours of notice of withdrawal, with the arrangements to have the items returned. The Consumer must return the order without undue delay and not later than 14 days from the day of this email.
14. Exclusion of the right of withdrawal
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14.1. The right of cancellation does not apply to goods that are:
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a. not pre-produced, and an individual selection or determination by the Consumer is authoritative for their manufacture or goods that are clearly geared towards the Consumer’s personal requirements; goods that may perish quickly or goods whose sell-by-date would quickly run out,
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b. that are not suitable for returns for reasons involving health protection or hygiene if their seal has been broken post-delivery,
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c. that were post-delivery inseparably mixed with other goods.
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15. Licence Grant
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15.1. Subject to your continued compliance with this Agreement, we will provide a single, revocable, limited, non-exclusive, non-transferable, and non-sublicensable licence to access and use this website the term of this Agreement on your personal computing device/mobile device and only for personal purposes.
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15.2. You accept responsibility for ensuring that all persons who access our website through your internet connection are aware of this Agreement’s terms and that they comply with them.
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15.3. This website is primarily directed to people located in the United Kingdom. We do not represent that goods available on or through the website are appropriate or available for delivery to other locations outside of the United Kingdom. If you choose to access this website from outside the United Kingdom, you do so at your own risk.
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15.4. The content layout, formatting, features of this website, and the online or remote access processes or privileges for this website shall be specified by us at our sole discretion.
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You also acknowledge and agree to the following:
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a. We have the right to control and direct the means, manner, and method by which the website is provided;
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b. We may, from time to time, engage independent contractors, consultants, or subcontractors to aid us in providing this website or use thereof; and
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c. We have the right to provide this website to others.
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16. Restricted access
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16.1. Access to certain areas of our website can be restricted. We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion.
17. Restrictions on Use
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17.1. All rights not expressly granted under this Agreement are hereby reserved to us. Accordingly, you are hereby prohibited from using this website in any manner that is not explicitly and unambiguously authorised by this Agreement. You, therefore, may not modify, reproduce, duplicate, copy, download, store, further transmit, disseminate, transfer, disassemble, reverse engineer, decompile, extract source code, broadcast, publish, remove or alter any proprietary notices or labels, licence, sublicence, sell, mirror, frame, rent, lease, private label, grant a security interest in, create derivative works of, or otherwise exploit this website, or any portion of this website, without our prior written consent, except as expressly and unambiguously authorised herein.
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17.2. Moreover, you may not:
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a. Attempt to gain unauthorised access to any portion or feature of this website or any other systems or networks connected to this website or to any server or to any of the services offered on or through this website by any illegitimate or prohibited means;
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b. Probe, scan, or test the vulnerability of this website or any networks connected to this website, nor breach the security or authentication measures on this website or any networks connected to this website;
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c. Use any “robot”, “spider” or other automatic devices, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of this website or its data, or in any way reproduce or circumvent the navigational structure or presentation of any of this website to obtain or attempt to obtain any materials, documents, services, or information through any means not purposely made available through this website;
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d. Reverse lookup, trace, or seek to trace any information on any other user of or visitor to this website;
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e. Use any device, software, or routine to interfere with the proper working of this website or any transaction conducted on this website, or with any other person’s use of this website;
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f. Forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to us on or through this website;
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g. Delete, obscure, or in any manner alter any warning or link that appears in this website;
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h. Use this website in an unlawful manner, including, without limitation, to post, upload, transmit, or otherwise make available any material which violates, misappropriates, or infringes in any way upon the rights of others, is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, or encourages conduct that would constitute unlawful conduct;
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i. Knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful;
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j. Attack this website via a denial-of-service attack or a distributed denial-of-service attack;
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k. Sell, license, or exploit for any commercial purposes any use of or access to this website, except as expressly permitted by us;
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l. Remove or alter any copyright notices, watermarks, restrictions, and signs indicating proprietary rights of any of our licensors, including copyright mark [©], Creative Commons [(cc)] indicators, or trademarks [® or ™] contained in or accompanying this website and/or any Licensed Content;
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m. Act in a manner that might be perceived as damaging to our reputation and goodwill or bring us into disrepute or harm.
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17.3. We will treat the breach of any of the above provisions as a breach of the Computer Misuse Act 1990 and report any such violation to the relevant law enforcement authorities. 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 website will cease immediately.
18. Attribution
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18.1. To reflect our ownership of this website and to protect our rights and interests therein, you shall ensure that proper attribution and notice of copyright attribution appears with any use of this website and, in particular, any printout or screenshot from this website or of this website’s content.
19. Mobile Services
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19.1. This website offers display functionality and various tools available to you via your mobile phone or any other mobile computing device (collectively, “Mobile Services”). You are solely responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile devices; what restrictions, if any, may apply to your use of the Mobile Services; and how much such use will cost you. Nevertheless, all use of this website and its related Mobile Services shall be strictly in accordance with this Agreement.
20. Data Protection
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20.1. Notwithstanding any other provision of this Agreement, in exercising its rights and performing its obligations under this Agreement, we shall, to the extent necessary, comply with the Data Protection Legislation.
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20.2. We covenant and warrant that we will act only on and at all times comply with your lawful, reasonable, and documented instructions, unless we are required by national laws to process personal data in which case we shall, to the extent permitted by such law, inform you of that legal requirement before processing that personal data.
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20.3. Having regard to the state of technological development and to the cost of implementing any measures, take appropriate technical and organisational measures against unauthorised or unlawful processing of such personal data, unauthorised access to, or disclosure of, such personal data and against accidental loss or destruction of, or damage to, such personal data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected.
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20.4. We will not transfer any personal data provided by you outside of the UK unless such transfer is undertaken in accordance with applicable Data Protection Legislation.
21. Privacy Policy
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21.1. Your use of this website and our collection and use of data, including personally identifiable information, by and through use of the website is addressed by the website page.
22. Links to Our Website
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22.1. You may link to any page of this website provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. In linking to our website, you agree not to establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists.
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22.2. We reserve the right to withdraw linking permission without notice.
23. Links to Other Websites
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23.1. This website may connect to certain third-party websites or online networks (collectively, “Third-Party websites”). These Third-Party websites have not necessarily been reviewed by us and are owned, controlled, and/or maintained solely by third parties over whom we exercise no control. Your correspondence or any other dealings with any third parties found through any Third-Party websites on our website are solely between you and such third parties. Accordingly, we hereby expressly disclaim and shall not have any liability or responsibility for any Third-Party websites.
24. Proprietary Rights
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24.1. All intellectual property rights (including use of trademarks) shall be solely owned by us. You are permitted only to use material on our website as expressly authorised by us or our licensors. Our rights are protected by the UK and International intellectual property laws, including those for the protection of copyrights, trademarks, and database rights. Misuse of our website may incur civil liability or attract criminal sanctions.
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24.2. This Agreement provides only a limited licence to access and use this website in accordance with the terms of this Agreement. Accordingly, you hereby agree that such use transfers no ownership or intellectual property interest or title in and to this website or any other intellectual property to you or anyone else in connection with your use of this website.
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24.3. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including HTML code), programs, software information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through this website are exclusively owned, controlled, and/or licensed by us or our affiliates.
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a. You may print off one copy and may download extracts, of any pages from our website for your personal use, and you may draw the attention of others to content posted on our website;
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b. 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;
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c. Our status and that of any identified contributors as the authors of content on our website must always be acknowledged;
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d. You must not use any part of the content on our website for commercial purposes without obtaining a licence to do so from us or our licensors;
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e. If you print off, copy, or download any part of our website in breach of these terms and conditions, your right to use our website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
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25. Disclaimer
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25.1. This website is provided on an “as-is” basis and may include errors, omissions, or other inaccuracies. We have taken every reasonable step to ensure that all data contained in this website is robust. However, no warranty, express or implied, is given to its accuracy, and we do not accept any liability for error or omission. We are not responsible for how the information is used, how it is interpreted or what reliance is placed on it.
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25.2. We do not guarantee or undertake that our website, or any content on it, will always be available or be uninterrupted. Access to our website is permitted on a temporary basis. We may suspend, withdraw, discontinue, or change all or any part of our website without notice. We will not be liable to you if for any reason our website is unavailable at any time or for any period of if any content including seller adverts is no longer displayed on this website.
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25.3. We hereby expressly disclaim all warranties, express or implied, including, without limitation, any warranty of merchantability, fitness for a particular purpose, or non-infringement or any other implied warranty. We also make no representations or warranties that this website will operate error-free, uninterrupted, or in a manner that will meet your requirements and/or needs. Therefore, you assume the entire risk regarding the quality and/or performance of this website. You expressly acknowledge that we are not liable for the defamatory, offensive, or illegal conduct of other users or third parties over which we have no control.
26. Force Majeure
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26.1. The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to strikes, lockouts, accidents, war, fire, loss of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.
27. Limitation of Liability
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27.1. Nothing in these terms and conditions shall exclude or limit our liability for fraud or fraudulent misrepresentation, death or personal injury caused by our negligence, or any other liability that cannot be excluded or limited under applicable law.
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27.2. You expressly absolve and release us from any claim of harm resulting from a cause beyond our control, including, but not limited to, failure of electronic or mechanical equipment, computer viruses, unauthorised access, operator errors. To the maximum extent permitted by law, in no event shall we be liable for any indirect, punitive, incidental, special, or consequential damages arising out of or in any way connected with any dealings or agreements between you and a third party, the use of this website, with the inability to use this website, the cost of procurement of substitute products or services, or for any information, software functionality, and materials available through this website, even if we have been advised of the possibility of such damages.
28. Indemnification
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28.1. Our website may be used for lawful purposes only. You agree to indemnify us for any losses and hold us harmless from any claims resulting from your use of our service that damages you or any other party.
29. Security and Enforcement
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29.1. Any actual or attempted use of this website by you in violation of this Agreement may result in criminal and/or civil prosecution, including, without limitation, punishment under English law. We reserve the right in its sole discretion to review, monitor, and/or record any information relating to your use of the website (“User Information”) without any prior notice to or permission from you, including, without limitation, by archiving content and/or communications submitted to and/or sent by you through this website.
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29.2. We may share any User Information that we obtain from you with any law enforcement organisation in connection with any investigation or prosecution of possible criminal or unlawful activity. We will also disclose User Information as required by any court order and/or subpoena.
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29.3. In addition, we hereby reserve the right in our sole discretion to, at any time and without notice, modify, suspend, terminate, and/or interrupt the operation of or access to this website, or any portion thereof, in order to protect this website, our intellectual property, our business or our business interests and/or our members and affiliates.
30. Term and Termination
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30.1. This Agreement will take effect at the time you first access this website. You may cease use of this website at any time.
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30.2. This Agreement will automatically terminate if
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a. You fail to comply with any of its terms and conditions;
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b. You cease all use of this website and its services.
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30.3. Termination will be effective without notice. In addition, we may at our sole discretion terminate this Agreement upon notice to you for any or no reason. Upon termination of this Agreement, any and all rights to use this website shall immediately cease, and you must promptly delete or destroy all copies of this website in your possession or control.
31. Other Terms and Conditions
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31.1. Additional notices, terms, and conditions may apply to access to or use of our products and services. If there is a conflict between this Agreement and any other notices, terms, or conditions, we shall resolve any conflict in good faith at our sole discretion, but this Agreement shall generally control with respect to accessing and using this website.
32. Governing Law
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32.1. This Agreement and any non-contractual obligations arising from or connected with it shall be governed by English law, and this Agreement shall be construed in accordance with English law.
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32.2. In relation to any legal action or proceedings arising out of or in connection with this Agreement (whether arising out of or in connection with contractual or non-contractual obligations), each of the parties irrevocably submits to the exclusive jurisdiction of the English courts. Any proceeding, suit or action arising out of or in connection with this Agreement shall be brought only in the courts of England.
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32.3. Other jurisdictions may apply solely for the purpose of giving effect to this clause 32 and for the enforcement of any judgement, order or award given under English jurisdiction.
33. Legal Compliance
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33.1. We assert that any goods and services provided hereunder shall comply with the applicable provisions of any international, European, or national law or ordinance and all orders, rules and regulations issued thereunder.
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33.2. You shall immediately notify us if you become aware of any allegation of non-compliance with any Law.
34. Disputes
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34.1. You and we agree to enter into negotiations to resolve any controversy, claim or dispute (“Dispute”) arising under or relating to this Agreement. The parties agree to negotiate in good faith to reach a mutually agreeable resolution of such dispute within a reasonable period. If good faith negotiations are unsuccessful, you and we agree to resolve the dispute by binding and final arbitration in accordance with the rules of arbitration of the Chartered Institute of Arbitrators in the United Kingdom and by Arbitrators appointed in accordance with such regulations in effect. The Arbitrators shall be bound to follow the applicable provisions of any Agreement in resolving the dispute and may not award punitive damages. The Arbitrators’ decision shall be final and binding on the parties, and any award of the arbitrators may be entered or enforced in any court of competent jurisdiction.
35. General Relationship
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35.1. We are an independent website provider, and nothing contained in this Agreement shall be deemed or construed to create a partnership, joint venture, agency, or other relationship.
36. Assignment and Substitution
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36.1. We reserve the right to assign this Agreement or any part thereof without constraint.
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36.2. This Agreement shall be binding on you and us and all respective successors and permitted assigns.
37. Non-Waiver of Rights
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37.1. The failure by either you or us to enforce at any time or for any period any one or more of the terms or conditions of this Agreement shall not be a waiver of them or of the right at any time subsequently to enforce all terms and conditions of this Agreement.
38. Remedies
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38.1. Any rights and remedies specified under this Agreement shall be cumulative, non-exclusive and in addition to any other rights and remedies available at law or equity.
39. Severability
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39.1. If any term contained in this Agreement is held or finally determined to be invalid, illegal, or unenforceable in any respect, in whole or in part, such term shall be severed from this Agreement, and the remaining terms contained herein shall continue in force and effect, and shall in no way be affected, prejudiced, or disturbed thereby.
40. Human Rights Act
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40.1. We and our agents and employees assert that at all times, we shall comply with the provisions of the Human Rights Act 1998 in the execution of this Agreement.
41. Discrimination
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41.1. We assert that we shall not unlawfully discriminate within the meaning and scope of the provisions of the Race Relations Act 1976, the Sex Discrimination Act 1975 and 1986, or the Disability Discrimination Act 1997, relating to discrimination in employment. We will take all reasonable steps to secure the observance of these provisions by all our servants, employees or agents and all vendors and sub-contractors employed in the execution of this Agreement.
42. Rights of Third Parties Act
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42.1. The parties intend that no provision of any Agreement shall, by virtue of the Contracts (Rights of Third Parties) Act 1999 confer any benefit on, nor be enforceable by any person who is not a party to the Agreement.
43. Entire Agreement
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43.1. This Agreement, including all documents incorporated herein by reference, shall constitute the entire Agreement and understanding between the parties hereto and shall supersede and replace any and all prior or contemporaneous representations, agreements, or understandings of any kind, whether written or oral, relating to the subject matter hereof.
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43.2. In consideration of the mutual obligations assumed under this Agreement, you and we agree to these terms and conditions and represent that duly authorised representatives execute this Agreement.
44. Variation
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44.1. We may revise these terms and conditions at any time without advance notice by amending this website page. Please check this page from time to time to take notice of any changes we made, as they are binding on you.
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44.2. We may update our website from time to time and may change the content at any time. However, please note that any of the content on our website may be out of date at any given time, and we are under no obligation to update it.
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44.3. Each time you access our website, you agree to be bound by the Agreement in effect at the time you access this website. If you do not agree to the revised terms, please do not use this website.
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