Terms of Sale

Terms of Sale 2018-04-15T22:42:49+00:00

COPYRIGHT GDPR PRIVACY POLICY. ALL RIGHTS RESERVED.

WARNING: THESE TERMS OF SALE AND ALL OTHER DOCUMENTATION ON OUR WEBSITE ARE PROTECTED AND MONITORED 24/7 BY SOPHISTICATED PLAGIARISM AND COPYRIGHT INFRINGEMENT DETECTION SOFTWARE, DOCUMENT TRACKING AND ALERTS, INCLUDING, WITHOUT LIMITATION, COPYSCAPE. WE ENFORCE OUR LEGAL RIGHTS AGAINST ANY UNAUTHORISED COPYING OR USE OF OUR WEBSITE DOCUMENTATION AND PROSECUTE ANY INFRINGEMENT TO THE MAXIMUM EXTENT PERMITTED BY LAW.

These Terms of Sale, and any documents referred to herein, set out the terms and conditions governing your purchase of any goods and/or services on or via our website, gdprprivacypolicy.org (our website). By using purchasing goods and/or services on or via our website, you agree to be bound by, and to comply with, these Terms of Sale.

The effective date of these Terms of Sale is 4 October 2017.

Please read these Terms of Sale carefully before you place an order for goods and services on or via our website. We recommend that you print off a copy of these Terms of Sale and any future versions in force from time to time for your records. YOUR ATTENTION IS PARTICULARLY DRAWN TO CLAUSES 22 (EXCLUSIONS AND LIMITATIONS OF LIABILITY), 23 (INDEMNIFICATION), AND 24 (DISCLAIMERS).

If for any reason whatsoever you do not agree to these Terms of Sale or do not wish to be bound by them, you must not purchase any goods and/or service on or via our website.

Contents

1. Our details
2. Your agreement to these Terms of Sale
3. Other documents governing your purchase of goods and/or services on our website
4. Entry into our terms of sale and sale process
5. Orders placed on our website
6. Geographical restrictions on provision on our products and/or services
7. Our goods and services
8. Template website documentation
9. Legal update platform
10. Tailored document services
11. Use of the GDPR Privacy Policy logo
12. Appearance of our goods and services
13. Changes to our goods and services
14. Prices
15. Payment
16. Our warranties
17. Your warranties
18. Changes we may make to these Terms of Sale and other documentation
19. Your cancellation and termination rights
20. Our termination rights
21. Your account details
22. EXCLUSIONS AND LIMITATIONS OF LIABILITY
23. INDEMNIFICATION
24. DISCLAIMERS
25. AGE RESTRICTIONS FOR PURCHASES MADE ON OUR WEBSITE
26. Conflict
27. Severance
28. Assignment
29. Waiver
30. Third party rights
31. Reservation of rights
32. Regulatory status and scope of goods and services provided
33. Entire agreement
34. Governing law and jurisdiction
35. Copyright

1. Our details

1.1 Herbert & Ball LLP (we, our and us) operates the website and is responsible for the sale of goods and/or services from our website. If you purchase goods and/or services on or via our website, you will be entering into a contract, in the form of these Terms of Sale, with Herbert & Ball LLP.
1.2 Herbert & Ball LLP is a limited liability partnership incorporated in England and Wales (registration number OC417678). Our registered address is International House, 142 Cromwell Road, Kensington, London, SW7 4EF. Our VAT registration number is GB270901516. ‘GDPR Privacy Policy’ is a trading name of Herbert & Ball LLP.
1.3 Our contact telephone number is +44 (0)20 7866 2402 and our contact email address is enquiries@gdprprivacypolicy.org.

2. Your agreement to these Terms of Sale

2.1 By placing an order for goods and/or services on our website, you agree to be bound by these Terms of Sale.
2.2 If for any reason whatsoever you do not agree to these Terms of Sale or do not wish to be bound by them, you must not purchase goods or service on or via our website.

3. Other documents governing your purchase of goods and/or service on our website

3.1 In addition to these Terms of Sale, your purchase of goods and/or services on our website is also governed by the following documents:
(a) our privacy policy, which is available at gdprprivacypolicy.org/privacy-policy. Our privacy policy governs our use of your personal information. It sets out the types of personal information we collect, the reasons we collect it, how we use it, where we may pass it on to any third parties, in what circumstances, and for what reasons, and any other relevant information relating to our use and/or processing of your personal information and your rights in relation to your personal information; and
(b) our cookies policy, which is available at gdprprivacypolicy.org/cookies-policy. Our cookies policy governs our use of cookies and similar technologies on our website. It sets out the types of cookies we use, the purposes for which we use them, the circumstances in which we may place cookies on your computer, device, or browser, and other relevant information relating to cookies, such as how to change your preferences to accept or reject cookies.
3.2 By accessing and using our website, you agree to be bound by the terms and conditions contained in these Terms of Sale, you consent to our processing of your personal information in accordance with our privacy policy, and you consent to our use of cookies in accordance with our cookies policy.

4. Entry into our terms of sale and sale process

4.1 Our presentation of goods and/or services on our website, whether such goods and/or services have prices displayed with them or not, constitutes an invitation to treat and not an offer.
4.2 By placing an order on our website or otherwise (e.g. over the phone or by email), you are making an offer to purchase the goods and/or services which you have added to your cart.
4.3 We may accept your offer, and thereby enter into a binding contract (in the form of these Terms of Sale) with you, by sending you an order receipt confirmation to the email address you have provided when you placed your order.
4.4 If we are unable to accept your order, we will endeavour to inform you of this in writing, and the reasons about why we are unable to accept your order, as soon as reasonably practicable after you have placed your order. Please contact us if you have not received the products and/or services which you have ordered within 24 hours of the time when you placed your order.
4.5 Unless you have opted to pay by direct bank transfer or any other method approved by us in advance of sale, your payment for your order will be processed by one of our payment providers, PayPal or Stripe.
4.6 We reserve the right to refuse to licence our documents to anyone or make licences subject to special conditions where we believe that your use of our documents would negatively impact our business or reputation, including, without limitation the requirement that any links or references to us or our website are removed from the documents.

5. Orders placed on our website

Where you place an order on our website you will be provided with a unique order number in the order confirmation form we send you. If you need to contact us about your order, please quote this order number.

6. Geographical restrictions on provision of our products and/or services

6.1 Our website and goods and/or services are directed towards customers and clients and potential customers and clients in the United Kingdom (the ‘UK’).
6.2 If you are outside of the UK, you are welcome to place an order for goods and/or services on our website but we cannot guarantee that we will be able to provide you with those goods and/or services.
6.3 If we are unable to provide you with our goods and/or services because you are based outside the UK, we will endeavour to inform you of this as soon as reasonably practicable after the time when you have placed your order and cancel your order.

7. Our goods and services

7.1 Our goods and services consist of the following as well as any additional goods and/or services displayed on our website from time to time:
(a) template website documentation;
(b) legal update platform (subscription service); and
(c) tailored document services.

8. Template website documentation

8.1 Our template website documentation consists of template documentation for websites. This includes a template website terms of use, user content agreement, privacy policy, cookies policy and any other documents we offer as part of our template website documentation package from time to time.
8.2 When you purchase our template website documentation, we grant you a limited, single website or application use, non-transferable, non-exclusive, royalty free (excluding the costs of our legal update platform), worldwide, perpetual, revocable licence to use our template website documentation as the basis for your website’s documentation. If you wish to purchase our documentation for more than one website or application, you must purchase a separate licence for each website or application.
8.3 We may revoke your licence if you breach the terms of this licence and/or these Terms of Sale, and in particular if you provide any part of our template website documentation to third parties or otherwise infringe our copyright or intellectual property rights in the documents.
8.4 Our template legal documentation contains a ‘copyright, credit and logo’ in each template. This section is designed for your own legal protection and to promote our business. You may not remove, amend, delete or otherwise alter this section or any of the text contained therein without our prior written consent.
8.5 Your may only purchase the website documentation on your own behalf and not on behalf of any third party unless you have obtained our prior written consent to do so.

9. Legal update platform

9.1 Our legal update platform is an online login area containing the latest versions of our template website documentation templates, guidance and other documents.
9.2 Access to our legal update platform is only available with the purchase of our template website documentation. We do not offer our legal update platform separately from our template website documentation.
9.3 Our legal update platform may be offered with or without a free trial period. Where it is offered with a free trial period, the length of this period will be stated at the time when you place your order.
9.4 We may change the free trial period offered with our legal update platform at any time and without providing prior notice to you. This will not, however, affect the free trial period applicable to any legal update platform subscription purchased prior to the change in the free trial period.
9.5 Prices for our legal update platform following any initial subscription or free trial period quoted on our website will be £30 + VAT per year or any higher price stated at time of purchase or renewal on our website from time to time and will be payable up front in respect of the year of the subscription to which they relate. In the event that the annual subscription (or renewal) price stated on our website differs from that contained in this clause 5, the price stated on our website at time of purchase shall apply.

10. Tailored document services

10.1 In addition to our website documentation and legal update platform, we offer a ‘done-for-you’ bespoke documentation tailoring service where we tailor our website documentation to the specific needs of your website and business.
10.2 Due to the bespoke nature of such a service, we are unable to provide a fixed price for such a service on our website as prices will vary depending on the amount and complexity of the work involved. However, prices are available on request and if you would like a quote for such a service, please email enquiries@gdprprivacypolicy.org.
10.3 Any such tailored document services will be provided on the basis of separate terms of business which are not publicly available but which we are able to provide to you prior to you confirming your order for our services after we have provided you with a quote.

11. Use of the GDPR Privacy Policy logo

11.1 Where you have taken out a subscription to our legal update platform, whether a free trial or paid subscription and, accordingly, are entitled to use our GDPR Privacy Policy logo on your website, you agree that use of that logo shall be in accordance with this clause 11 (Use of the GDPR Privacy Policy logo).
11.2 Display of the GDPR Privacy Policy logo on your website shall be used only to indicate that you have adopted our template privacy policy as the basis for the privacy policy on your website. If you have not adopted our template privacy policy as the basis for the privacy policy on your website, you must not use our logo.
11.3 Display of the GDPR Privacy Policy logo does not mean or signify that you, your business or your website or website documentation is compliant with the General Data Protection Regulation (Regulation (EU) 2016/679) or any other law, only that you have adopted our template privacy policy as the basis for your privacy policy.
11.4 We are a private business and not a public authority or certifying or awarding body of any kind, nor do we have the power or authority to certify compliance. Use of the GDPR Privacy Policy logo therefore does not, not can it, indicate that we consider you, your business or your website or your website documentation to be compliant with any law or regulation and you are entirely responsible for ensuring their compliance with such law and regulation. 

12. Appearance of our goods and services

12.1 We do not guarantee that our goods and/or services will appear exactly as they have been described on our website at the time when you purchased them and they may be subject to minor variations such as (without limitation) font, size and scope of services.
12.2 In particular, our products and services may appear different to how they appear after purchase, because of the particular device you are using.
12.3 You should ensure you have read and are familiar with the full description of our goods and services, both in these Terms of Sale and on our website before placing an order for those goods and/or services. 

13. Changes to our goods and services

13.1 We may change the products on our website from time to time as a result of changes in relevant law and regulation, for example, to update our website documentation as a result of a relevant change in law affecting the information that a website owner is required to provide on their website or where we deem that a change should be made in our sole discretion.
13.2 Such changes may render the goods and/or services displayed on our website from time to time different to those which you purchased from us.
13.3 We will not be liable to you in any way for any changes we make to our products and/or services available on our website from time to time and the products and/or services which we have provided to you shall be those provided to you at the time when we accepted your order.
13.4 Our legal update platform involves the continual update of the template website documentation and other documentation and you agree that such changes are a necessary and intended feature of this service. Such changes shall not give rise to any right on your part to terminate these Terms of Sale once you have entered into them with us.

14. Prices

14.1 We may change the prices quoted for our goods and services displayed on our website from time to time.
14.2 The price you will need to pay for your goods and/or services will be confirmed to you at the point when you place your order at the checkout stage, unless there is a manifest error in the price at that time (e.g. the price quoted is at least 10% higher or lower than the prices quoted elsewhere on our website), in which case you should inform us of this fact before you place your order and/or we will notify you of the error soon after you place the order and a binding contract will not be formed.
14.3 We will seek to resolve any such price discrepancy as soon as reasonably practicable and confirm the correct price for the goods and/or services you have ordered and enter into these Terms of Sale with you on the basis of the correct price.
14.4 Unless we inform you or agree otherwise, you must make payment in full for the goods and/or services you order on or via our website at the time when you place your order. We will provide you or begin providing you with the goods and/or services only once we have received that payment and shall be under no obligation to provide you with such goods and/or services if we have not received such payment.
14.5 Unless we are physically delivering any goods and/or services to you there will be no delivery charges associated with your order of our products and/or services. Where any delivery charge is payable, it will be visible at the checkout stage or otherwise confirmed to you before you place your order for our goods and/or services.
14.6 Unless indicated otherwise on our website, all prices quoted on our website are exclusive of VAT.

15. Payment

15.1 You must pay for the goods and/or services you order using a credit or debit card, via PayPal or Kashing. If we accept any other method of payment, if it will be made available to you prior to you placing your order or via one of our third party payment processors (being PayPal or Kashing or any other third party payment processor we use from time to time).
15.2 Unless otherwise agreed in advance of purchase, payment must be made for our goods and/or services prior to their delivery or being made available.
15.3 In respect of our document tailoring services, we normally expect a partial payment to be made up front and the remainder upon completion of our service. We will agree the percentage of the initial and balancing payments for our document tailoring when you place our order.
15.4 Where you fail to pay for goods and/or services you have ordered in accordance with these Terms of Sale, we reserve the right to charge interest at a rate of 3% per annum above the base rate of Barclays Bank plc from time to time. We may also cancel your order and terminate these Terms of Sale.
15.5 We reserve the right to charge you for any unauthorised or unjustified charge backs you make (whether by credit or debit card or otherwise) for services you have purchased and you agree to indemnify us in respect of any reasonable costs we incur in relation to such chargebacks, including the recovery of the payment we have received from you.

16. Our warranties

16.1 We warrant that we have taken reasonable steps to ensure that our template website documentation complies with: (i) UK and EU law; and (ii) with the General Data Protection Regulation (Regulation (EU) 2016/679), in each case at the time when the template website documentation was drafted and subsequently.
16.2 We warrant that, in the case of the legal update platform, we will take reasonable steps to ensure that our template website documentation remains compliant with the General Data Protection Regulation (Regulation (EU) 2016/679) and relevant UK and EU law from time to time.
16.3 We make no further or additional warranties in respect of our goods and/or services and all terms implied by statutes, common law or otherwise are excluded to the maximum extent permitted by law.
16.4 In particular, we do not warrant that our documents are appropriate for your particular website or business or that any amendments you make to our documents will comply with the requirements of the General Data Protection Regulation (Regulation (EU) 2016/769) or any other applicable law or regulation, and you hereby acknowledge and agree that they are templates only and that you are solely responsible for ensuring that they are tailored to meet the requirements of your business and/or website and you hold us harmless in respect of any claim(s) brought against you arising out of or in connection with your failure to ensure that: (i) the template website documentation is tailored to the requirements of your website and/or business to meet applicable law and legislation; and (ii) any other failure by you to satisfy the requirements of the General Data Protection Regulation (Regulation (EU) 2016/769) or any other applicable law or regulation.

17. Your warranties

17.1 You warrant to us that you are at least 18 years of age or such higher age as is required in order to allow you to enter into these Terms of Sale as a legally binding contract between you and us, whether for yourself or any person or entity on behalf of whom you are purchasing our goods and/or services for.
17.2 You warrant that you will only use our products and/or services for lawful, legal and moral purposes and not in any way that would bring harm or disrepute on us or our business.
17.3 You warrant that you do not and will not compete with us directly or indirectly in any way whatsoever and that any products or services you purchase from us will not be used to compete with us in any way whatsoever.
17.4 Where we display discounts, time limits or any other special terms applicable to the products on our website from time to time, these shall constitute invitations to treat, not contractual offers and, where time limits or other special terms apply, such terms shall only represent our intention to apply such terms at that point in time and we reserve the right to amend, revise, cancel, extend or take any other action in relation to such discounts, time limits and special terms at any point and for any reason we deem appropriate, in our sole discretion.
17.5 Nothing in these Terms of Sale shall act to exclude or limit any of your statutory or legal rights to the extent that they cannot be excluded or limited by these Terms of Use.

18. Changes we may make to these Terms of Sale and other documentation

18.1 We reserve the right to update these Terms of Sale, our terms of use, our privacy policy, our cookies policy, and any other documentation referred to in them from time to time. We may change our Terms of Sale and other documentation for any reason, including:
(a) to reflect any changes in the way we carry out our business;
(b) to account for any changes we make to our website, including, without limitation, any new features or functionality we provide, any adjustments in the means by which we provide notices to you, or any changes in the content, purpose or availability of the website;
(c) to accurately describe our current data processing activities so that you are kept up to date with our latest practices;
(d) to inform you of any changes in the way that we use cookies; or
(e) to ensure that our documentation complies and remains compliant with any and all current and future applicable laws, regulations and official guidance.
18.2 If and to the extent required by law, we will provide you with notice of any changes in these Terms of Sale or the other documentation referred to in them by posting a notice on the website and/or by posting an updated version of these Terms of Sale or other such documentation on our website with a new effective date stated at the beginning of them.
18.3 Any changes we make to these Terms of Sale shall not affect the Terms of Sale you entered into with us if and when you placed a previous order on or via our website. However, you should print off a copy of the Terms of Sale you enter into when you place an order on our website as we may not retain or make available previous Terms of Sale publicly on our website.
18.4 You must check these Terms of Sale and all other documentation referred to in them each time you order goods or services from us in order to ensure that you are aware of the terms that apply to you at that time.
18.5 The date that these Terms of Sale and or any other documents (including our privacy policy and cookies policy) were last amended is set out at the top of that document and is described as that document’s “effective date”.

19. Your cancellation and termination rights

19.1 Where you purchase our template website documentation, if you are a consumer, you have a right to cancel your order up to 14 days following purchase, provided that you did not waive your right to cancel at the time when you placed your order (i.e. if you selected the option to have the template website documents available for download immediately). For the avoidance of doubt, the purchase of any digital content for immediate download shall constitute a waiver of your right to cancel.
19.2 If you are a business, there is no cancellation period for orders placed on or via our website for template website documentation and any such orders are final after we have accepted them.
19.3 If you have purchased our legal update platform service and you are within the free 6 month trial period, you may cancel at any time by giving us 14 days’ prior notice in writing to enquiries@gdprprivacypolicy.org.
19.4 Once the free trial period to our legal update platform has ended, you may cancel your subscription at any time but such cancellation will only take effect at the end of the period for your subscription and there is no refund for any fees already paid for that period. Unless stated otherwise, the subscription period for our legal update platform shall be twelve (12) months from the date of purchase or renewal.
19.5 Where you purchase our document tailoring services, different terms and conditions will govern your cancellation and termination rights and these will be provided to you prior to your entering into a contract for us to provide you with such services.
19.6 You may terminate these Terms of Sale if we become subject to any insolvency or analogous proceedings.

20. Our termination rights

20.1 We have the right to terminate these Terms of Sale in the event that you breach any terms contained herein, in particular in regard to any breach of the licence which we grant you to use our website documentation or otherwise infringe our copyright or fail to make payment for and goods and/or services you have ordered in accordance with the terms of these Terms of Sale.
20.2 You may terminate these Terms of Sale if you become subject to any insolvency, winding-up or analogous proceedings.

21. Your account details

21.1 If we provide you with account information such as a user name, identification number, account code and/or password, you must keep such information confidential and secret and not disclose it to anyone. All account information is provided for use of the named account holder only, and not for any other person.  You are responsible for any consequences of unauthorised access to your account due to any disclosure of your account information to any third party.
21.2 Where we provide you with the option to select your own login information, including a password, we recommend that you supply login information unique to your own use of this website, and do not use information from other accounts you may hold with other websites or any easily discoverable personal information. You are responsible for any consequences of unauthorised access to your account due to any disclosure of your login information to any third party.
21.3 You may never use another’s account without their permission.  When creating your account, you must provide accurate and complete information.  You agree that you will not solicit, collect or use the login credentials of other individuals. We prohibit the creation of, and you agree that you will not create, an account for anyone other than yourself.  You also represent that all information you provide or provided to us upon registration and at all other times will be true, accurate, current, and complete.  You agree to update your information as necessary to maintain its truth and accuracy.
21.4 We reserve the right to withdraw access to your account without notice for any actual or suspected breach of these Terms of Sale or any other documentation referred to in them, including, without limitation, any suspected unauthorised access to your account, or any unauthorised disclosure of your login information.
21.5 If you know or suspect that the confidentiality of your login information has been compromised, for example, by disclosure of such information to any third party, you must immediately change your password. If you are unable to change your password, you must immediately notify us by email, at enquiries@gdprprivacypolicy.org.

22. EXCLUSIONS AND LIMITATIONS OF LIABILITY

22.1 We do not exclude our liability to you where it would be unlawful to do so, for example, for death or personal injury caused by our negligence. If applicable law does not allow all or any part of the below limitations of liability to apply to you, the limitations will apply to you only to the extent permitted by applicable law.
22.2 If you use our website, different exclusions of liability may apply. These are contained in our terms of use.
22.3 SUBJECT TO THE AFORESAID, IN NO EVENT SHALL WE (INCLUDING OUR PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, OR AGENTS, UNDER ANY CIRCUMSTANCES WHATSOEVER BE LIABLE TO YOU FOR ANY LOSS, DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHERWISE) COSTS, EXPENSES, LIABILITIES OR PENALTIES, WHETHER IN CONTRACT, TORT, BREACH OF STATUTORY DUTY OR OTHERWISE, WHETHER FORESEEABLE OR UNKNOWN, ARISING FROM, IN CONNECTION WITH OR RELATING TO:
(a) YOUR USE OF OUR WEBSITE;
(b) ANY CORRUPTION OR LOSS OF DATA;
(c) ANY INABILITY TO ACCESS OUR WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY INTERRUPTIONS, SUSPENSION OR WITHDRAWAL OF OUR WEBSITE (FOR ANY REASON);
(d) ANY USE YOU MAKE OF ANY CONTENT OR MATERIALS ON OUR WEBSITE, INCLUDING ANY RELIANCE YOU MAKE ON SUCH CONTENT OR MATERIAL;
(e) OUR GOODS AND/SERVICES AND YOUR USE THEREOF;
(f) ANY LOSS OF SAVINGS, PROFITS, SALES, BUSINESS OR REVENUE;
(g) ANY LOSS OF REPUTATION OR GOODWILL;
(h) ANY LOSS OF SAVINGS;
(i) ANY LOSS OF A CHANCE OR OPPORTUNITY; OR
(j) ANY OTHER SECONDARY, CONSEQUENTIAL OR INDIRECT LOSSES,
AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, WITHOUT LIMITATION, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING.
22.4 WE SHALL NOT BE LIABLE FOR ANY DAMAGE THAT YOU COULD HAVE AVOIDED BY FOLLOWING OUR ADVICE TO APPLY AN UPDATE OFFERED TO YOU FREE OF CHARGE OR FOR DAMAGE THAT WAS CAUSED BY YOU FAILING TO CORRECTLY FOLLOW INSTALLATION INSTRUCTIONS OR TO HAVE IN PLACE THE MINIMUM SYSTEM REQUIREMENTS ADVISED BY US OR FAILING TO FOLLOW APPLICABLE LAW AND REGULATION.
22.5 You specifically agree that we shall not be liable for content or the defamatory, offensive, or illegal conduct of any third party and that the risk or harm or damage from the foregoing rests entirely with you.
22.6 YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF OUR ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY US, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY US.
22.7 We exclude any liability to you to the extent that it is caused by a delay beyond our control. This includes where we are unable to provide you with any goods and/or services you have ordered as a result of such a delay.
22.8 If you are a consumer, where any delay in us providing any goods and/or services to you is caused by something outside of our control we will take reasonable steps to prevent or minimise the delay and, where there is a risk of delay is substantial, you shall have the right to terminate these Terms of Sale with us by writing to enquiries@gdprprivacypolicy.org.
22.9 You agree that, to the maximum extent permitted by law, no third party shall be liable for any losses, costs, damages, expenses or liabilities you incur as a result of your purchase of any products and/or services or otherwise and you agree to hold any third parties harmless and waive your right to any claims you may have against them in law, whether in tort, contract or otherwise, again, to the maximum extent permitted by law.
22.10 To the extent that any of the provisions of this clause 22 (EXCLUSONS AND LIMITATIONS OF LIABILITY) are unenforceable as outright exclusions of liability, they shall be construed as limitations on liability, limiting our liability to you to the maximum extent permitted by law.

23. INDEMNIFICATION

23.1 You (and also any third party for whom you operate an account or activity on the website) agree to defend (at our request), indemnify and hold us harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the website or those conducted on your behalf):
(a) your uploads or your access to or use of the website;
(b) your breach or alleged breach of these Terms of Sale;
(c) your violation of our or any third-party’s right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right;
(d) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or
(e) any misrepresentation made by you.

23.2 You will cooperate as fully required by us in the defence of any claim. We reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you, and you will not in any event settle any claim without our prior written consent.

24. DISCLAIMERS

24.1 OUR WEBSITE AND ANY GOODS AND/OR SERVICES YOU PURCHASE FROM US ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO OUR GOODS AND/OR SERVICES AND:
(a) THE SERVICE;
(b) THE WEBSITE CONTENT;
(c) USER CONTENT; OR
(d) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO THE WEBSITE.
24.2 IN ADDITION, WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
24.3 WE DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT YOUR USE OF THE WEBSITE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND WE SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS OF SALE.
24.4 BY ACCESSING OR USING THE WEBSITE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
24.5 WE DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.

25. AGE RESTRICTIONS FOR PURCHASES MADE ON OUR WEBSITE

25.1 Our website and our goods and services are not intended for use or purchase by individuals under the age of 18 or any higher age required for a contract to be binding on any such individual under applicable law.
25.2 IF YOU ARE UNDER THE AGE OF 18, YOU MUST NOT USE OUR WEBSITE, PURCHASE OR ATTEMPT TO PURCHASE ANY OF OUR GOODS OR SERVICES, OR SUBMIT ANY PERSONAL INFORMATION TO US.
25.3 We do not knowingly or intentionally process the personal information of any individual under the age of 18 (or any higher age required for a contract to be binding on any such individual under applicable law) or offer or enter into contracts for the sale of goods or services with any individual below such age.

26. Conflict

The terms of this Terms of Sale shall prevail over any other terms which may conflict with them.

27. Severance

In the event that any term(s) of these Terms of Sale are found by a court of competent jurisdiction to be void, invalid, illegal, unenforceable or non-binding, it shall be modified to the minimum extent necessary to make it valid, legal, effective and binding, giving effect to the purpose of the original term.  In the event that such modification of the term is not possible, it shall be deleted from these Terms of Sale. Where a term is defective by reason of only a partial term, sub-clause or part-provision of the term, and that such modification is not capable of remedying the defect, that defective partial term, sub-clause or part-provision alone shall be deleted.  No deletion of any term or partial term under this clause shall affect the validity of the rest of these Terms of Sale.

28. Assignment

We may assign, transfer or otherwise deal with in any way whatsoever, any of our rights and obligations under these Terms of Sale. We may need to do this, for example, if we sell part or all of our business, in order to obtain credit from a third party, where we engage subcontractors, or in connection with the enforcement of our rights. Where we do assign, transfer or otherwise deal with our rights and obligations under these Terms of Sale, we will try to give you notice of such action. You may not assign, transfer or otherwise deal with in any way whatsoever, any of your rights and obligations under these Terms of Sale.

29. Waiver

Any failure or delay by us to exercise any of the rights or remedies that we may have under these Terms of Sale or otherwise shall not constitute a waiver of those rights or remedies, or any other rights or remedies that we may have against you or any other person at any time. Any exercise of our rights and remedies under these Terms of Sale or otherwise shall not restrict us in any way from the further exercise of those same rights or remedies, or any other rights or remedies that we may have against you or any other person at any time.

30. Third party rights

Save and except as expressly provided in these Terms of Sale, no person other than a party to this agreement shall have any rights or remedies (whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise) in respect of these Terms of Sale.

31. Reservation of rights

The rights and remedies arising under these Terms of Sale are in addition to any rights and remedies arising under law.

32. Regulatory status and scope of goods and services provided

We are not a law firm and are not authorised or regulated by the Solicitors Regulation Authority or the Bar Standards Board. While we may provide you with certain legal services, including, for example, template legal documents, document tailoring services and non-reserved legal advice, we do not and are not authorised or regulated to provide any legal services which constitute ‘reserved legal activities’ within the meaning of section 12 of the Legal Services Act 2007.

If you require reserved legal activities or other services which we do not provide, we may be able to refer you to a suitably qualified, regulated and authorised individual or business which can provide you with such services. In addition, in the event of any dispute arising from or in connection with our website, these Terms of Sale, terms of use, standard terms of business, privacy policy, cookies policy or other applicable terms or our services, you will have no right to make a complaint to the Legal Ombudsman.

33. Entire agreement

33.1 Except in the case of fraud or fraudulent misrepresentation, these Terms of Sale constitute the entire agreement between you and us in relation to your purchase of goods and/or services on or via our website and you shall not be entitled to rely on any pre-contractual representation or statement we have made before you entered into these Terms of Sale.
33.2 You further agree that you shall have not have, and waive all rights in respect of, any right you may have in respect of any pre-contractual representations or statements made to you by us prior to your entry into these Terms of Sale.

34. Governing law and jurisdiction

34.1 These Terms of Sale, any documents they refer to, and any disputes arising from or in relation to them, whether contractual or not, shall be governed by and construed in accordance with English law.
34.2 The courts of England and Wales shall have exclusive jurisdiction over any claims or disputes arising from or in relation to these Terms of Sale or any documents they refer to.

35. Copyright

The copyright in these Terms of Sale is either owned by, or licensed to, us and is protected by copyright laws around the world and copyright protection software. Unless expressly indicated otherwise, all intellectual property rights in this document and elsewhere on our website, including any content on our website, are reserved.