Terms and Conditions

Terms of Use

The Terms of Use, and any other documents referred to, set out the terms and conditions on which you are permitted to use our website, www.equilibriumproducts.com

By using our website you agree to comply and be bound by these Terms of Use, effective from 25/05/2018

Accessing our Website

Responsibility for Others who Access our Website Using your Device or Internet Connection

You must ensure that any persons who access our website, or are permitted or able to access our website from your computer(s) or other devices, or who use your internet connection, are aware of these Terms of Use and all other documentation referred in them. You are also responsible to ensure that such persons agree to be bound by and to comply with these Terms of Use. If for any reason a person may not agree to these Terms of Use or do not wish to be bound by them, they must not access our website, and you must not permit them to do so.

Use of our website

Other Documents Governing Your use of our Website

In addition to these Terms of Use, your use of our website is also governed by the following documents:

• Our Privacy Policy which governs our use of your information
• Our Cookies Policy which governs our use of cookies and similar technologies on our website
• Our Terms and Conditions of Sale which govern any purchases you make on our website
• Our User Content Agreement which sets out the terms upon which you are permitted to upload content on to our website and make use of its interactive functions

By accessing and using our website, you agree to be bound by the terms and conditions contained in these Terms of Use, and acknowledge that we will process your information in accordance with our governing documents.

If you do not agree to the terms set out in these Terms of Use, or those set out in our governing documentation, you must not use our website.

Availability of our website

At no time can we promise or guarantee that:

• The website will be made available at any specific time, or from any specific geographical location
• Your access to the website will be continuous or uninterrupted
• The website will be accessible or optimised for all browsers, computers, tablets, phones or viewing platforms

We reserve the right to suspend access to all or part of the website at any time and for any reason, including for business or operational purposes, such as improving the appearance or functionality of the website, content updates, maintenance, or to resolve any issues we have become aware of. Wherever we may anticipate that we need to suspend access to the website for a considerable period of time, we will try to provide you with notice where reasonably practicable.

Please note that our website is provided for users in the United Kingdom only. Although it may be possible to access the website from other countries, we make no representation that the website is compliant with any legal requirements in force in any jurisdiction other than the United Kingdom, or that the content available on the website will be appropriate for users in other countries or states.

Changes to terms of use.

We reserve the right to update or make changes to these Terms of Use, our Privacy Policy, our Cookies Policy and our Terms of Sale from time to time and for any reason, including:

• To reflect changes in the way we carry out our business
• To account for any changes we make to our website, including but not limited to, any new features or functionality we provide, changes to content, changes to purpose or availability of the website, or any adjustments to the means by which we provide notices to you
• To accurately describe our current data-processing activities so that you are kept up to date with our latest practices
• To inform you of any changes in the way that we use our cookies or similar information-gathering technologies
• To ensure that our documentation complies and remains compliant with any and all current and future applicable laws, regulations and official guidance

If required by law, we will provide you with notice of any changes in these Terms of Use 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 Use or other such documentation on our website with a new effective date stated at the beginning of them.

By continuing to access our website after we have updated our Terms of Use, terms of sale, and/or user content agreement, you agree to be bound by those updated versions. You also acknowledge that by continuing to access our website after we have updated our privacy policy and/or our cookies policy, that the practices set out in those updated policies will apply to our handling of your information and our use of cookies and similar technologies.

It is your responsibility to check these Terms of Use and all other documentation referred to in them each time you access our website in order to ensure that you are aware of the terms that apply to you at the time.

Your account details

If we provide you with account information such as a username and 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.

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 information about you. You are responsible for any consequences of unauthorised access to your account due to any disclosure of your login information to any third party.

You must never use another user’s account without 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 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.

We reserve the right to withdraw access to your account without notice for any actual or suspected breach of these Terms of Use or any other documentation referred to in them, including, without limitation, where we suspect that there has been unauthorised access to your account, or any unauthorised disclosure of your login information.

If you know or suspect that the confidentiality of your login information has been compromised, for example, by the 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 info@equilibriumproducts.com

Ownership of Materials

All trademarks, service marks, trade names, logos, copyright and other intellectual property rights in our website and its content are either owned by us or licensed to us. All such rights are protected by intellectual property laws around the world, and all rights are reserved. Any use of the website and its contents, other than as specifically authorised herein, is strictly prohibited. Any rights not expressly granted herein are reserved by us.

Registered Trademarks of Equilibrium Products Ltd. are: ‘Equilibrium’, ‘Equilibrium Therapy’, ‘Equilibrium Symbol’, ‘Field Relief’, ‘Symmetry’, ‘Net Relief’, ‘Tri-Zone’, ‘Equi-Chaps’, ‘Stretch & Flex’

The trademarks, service marks, trade names, logos and other branding owned by third parties and used or displayed on or via our website (collectively, “Third Party Mark(s)”) may be trademarks of their respective owners, who may or may not endorse or be affiliated with or connected with us. Except as expressly provided in these Terms of Use, or in terms provided by the owner of a Third Party Mark, nothing in these Terms of Use or on or via the website should be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any of our or any Third Party Marks that are used or displayed on the website, without the respective owner’s prior written permission, in each instance. All goodwill generated from the use of our trademarks will benefit us exclusively.

Information and Content

Information and content on our website is provided on a non-reliance basis.

Our website is made available to you in order to provide you with general information about us, our business, and any products or services that we offer from time to time. We do not make our website available for any other purposes, except as expressly provided in these Terms of Use.

The content on our website is not intended to be construed as advice. You must not rely on any of the content of our website for any purposes whatsoever, and you must seek your own independent professional advice before deciding to take any course of action on the basis, whether in whole or in part, of any of the content available on our website at any time.

We make no representations and provide no warranties whatsoever, whether express or implied, that any of the content or materials available on our website from time to time are accurate, up to date or complete.

Use of Materials

The content on our website is provided for your personal, private and non-commercial use only. You may print or share the content from our website for lawful personal, private and non-commercial purposes, and you may also make others within your organisation aware of the content on our website. You may not otherwise extract, reproduce or distribute the content of our website without our prior written consent.

Whenever you print, download, share or pass on content from our website to others, you must not make any additions or deletions or otherwise modify any text from our website, you must not alter or change any images, media or graphics from our website in any way, you may not remove any accompanying text from such images, media or graphics, and you must ensure that all content passed on to any third party is an accurate representation of the content as it appears on our website.

You are prohibited from using any robots, spiders, data mining or scraping technology or any similar third-party tools for the extraction or reproduction of any data or content from our website without our prior written consent.

Whenever you pass on any content or materials from our website to anyone, you must acknowledge us as the authors of such content or materials (or any other authors wherever credited by us) at the time when you pass on such content or materials.

Prohibited uses of our website and age restrictions.

You must not reproduce, duplicate, copy or resell any part of our website or any content from our website, save and except to the extent expressly permitted in these Terms of Use.

You must not, without our prior written consent, access, interfere with, damage or disrupt in any way our website or any part of it, our systems, any of our hardware or equipment or any networks on which our website is hosted, any software that we use to create or modify the website or to make the website available to you, or any hardware, equipment, network, server, software or technology owned or operated by us or any third party.

You must use our website for lawful purposes only and in accordance with these Terms of Use. You must not use our website:

• For any purpose that is unlawful or that in any way breaches any applicable laws or regulations, whether local, national or international;
• For any fraudulent purposes whatsoever;
• To conduct any unsolicited or unauthorised advertising or direct or indirect marketing to anyone by any means, or to otherwise spam, communicate with or market to anyone any goods, services or business not authorised by us;
• To upload, host or transmit any viruses, malware, adware, spyware, worms, Trojan horses, keystroke loggers, spyware, logic bombs, time bombs or any other harmful programs or code which could adversely affect the use or operation of the website, our hardware or systems, or the computers, tablets, phones or other devices of any users or other third parties, or to upload any content or materials containing any such content;
• To communicate with, harm or attempt to harm children in any way; or
• In any way or for any purpose that breaches these Terms of Use or the terms of any of the documents these Terms of Use refer to.

You must not submit any information about you to us if you are under the age of 18, or about any other person who is either:

• under the age of 18; or
• if they are aged 18 or above, where you have not received their prior written consent to submit information about them to us.

Our website, its products, and any available services are not intended for use by individuals under the age of 18

IF YOU ARE UNDER THE AGE OF 18 YOU MUST NOT USE OUR WEBSITE, PURCHASE, OR ATTEMPT TO PURCHASE ANY OF OUR PRODUCTS OR SERVICES, OR SUBMIT ANY INFORMATION ABOUT YOU, OR ANYONE ELSE TO US

We do not knowingly or intentionally process information about any individual under the age of 18

You must not submit to us any information which is considered ‘sensitive personal information’. ‘Sensitive personal information’ is information about you or any other person which reveals your or their racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership or which is genetic data, biometric data, information which concerns your or their health, sex life or sexual orientation.

If you accidentally or intentionally submit such information to us, you will be considered to have consented to our processing of that information on the basis of Article 9(2)(a) of the General Data Protection Regulation (Regulation (EU) 2016/769).

Viruses and Harmful Content

We do not guarantee that our website does not contain viruses or other malicious software. However, we do make reasonable efforts to prevent such viruses or bugs from being uploaded to our website.

We shall not be responsible for any bugs or viruses on our website, or any software that might be transferred to your computer from our website, or any consequences which the presence or operation of such programs may have.

You must ensure that you have in place up-to-date and effective anti-virus protection on your computer or other browsing devices.

You must not upload or otherwise introduce to our website any viruses, malware, spyware, adware, Trojan horses, worms, logic bombs, time bombs, keystroke loggers or any other programs or code that is harmful or malicious.

You must not use any third parties, software or technology to attempt to gain unauthorised access to our website, our servers, systems, hardware, software or data.

You must not attempt to perform any denial of service type attack on our website.

You must not perform any action which would contravene the Computer Misuse Act 1990.

We may report any breach or suspected breach of this clause 11 (Viruses and other harmful content) to the relevant authorities and may disclose your identity.

Links to other websites:

Links to third party content or websites may appear on our website from time to time. We are not responsible for the content of any websites accessible via any link(s) on our website. All content on third party websites is outside of our control, and we do not represent or warrant that such content is related to us or our website, suitable or appropriate for use or viewing, lawful or accurate.

Any third party website accessible via a link on our website may collect and process your information. We are not responsible for any data-processing activities carried out by any third party website which is linked to from our website, and we disclaim any and all liability in respect of the same. You should check the privacy policy of any such third party to establish how they may use your information before you decide to use their website and its features.

Links to our website

You may not link to our website without our prior written consent.

Where you have obtained our consent to link to our website:

• You may provide links to our website on other websites owned by you, provided that such websites and the use of any links to our website comply with these Terms of Use;
• Wherever you post a link to our website on any other website, you agree that you will do so in an appropriate manner, and not in any way which is defamatory or disparaging towards us, which misrepresents us or our business, or which causes any harm whatsoever to us or our business; and
• You must not link to our website in order to suggest any form of joint venture, partnership, collaboration, affiliation, business relationship, approval or endorsement in connection with us where none exists and in any event, without having first obtained our prior written consent.

We may withdraw permission to link to our website at any time. In the event that we withdraw permission to link to our website and inform you of the same, you must immediately remove or cause to be removed any links to our website.

Exclusions and Limitations of Liability

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 maximum extent permitted by applicable law.

If you purchase goods or services from our website, different exclusions of liability may apply. These are contained in our Terms and Conditions of Sale

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 (WHETHER 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:

• YOUR USE OF OUR WEBSITE;
• ANY CORRUPTION OR LOSS OF DATA;
• ANY INABILITY TO ACCESS OUR WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY INTERRUPTIONS, SUSPENSION OR WITHDRAWAL OF OUR WEBSITE (FOR ANY REASON WHATSOEVER);
• ANY USE YOU MAKE OF ANY CONTENT OR MATERIALS ON OUR WEBSITE, INCLUDING ANY RELIANCE YOU MAKE ON SUCH CONTENT OR MATERIAL;
• ANY LOSS OF SAVINGS, PROFITS, SALES, BUSINESS OR REVENUE;
• ANY LOSS OF REPUTATION OR GOODWILL;
• ANY LOSS OF SAVINGS;
• ANY LOSS OF A CHANCE OR OPPORTUNITY; OR
• 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 AND SHALL BE LIABLE FOR THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS, DAMAGE, COSTS, EXPENSES, LIABILITIES OR PENALTIES ARISING.

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.

You specifically agree that we shall not be liable for any content or the defamatory, offensive or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

YOU AGREE THAT IN THE EVENT THAT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES ARISING OUT OF, OR IN CONNECTION WITH, 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.

To the extent that any of the provisions of this clause (EXCLUSIONS 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.

Indemnification

You (and also any third party for or on behalf of 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 legal and attorneys’ 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):

• Your uploads, access to or use of the website;
• Your breach or alleged breach of these Terms of Use;
• Your violation of any third-party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right;
• 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
• Any misrepresentation made by you.

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.

Disclaimers

THE WEBSITE IS 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:

• THE SERVICE;
• THE WEBSITE CONTENT;
• USER CONTENT; OR
• SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO THE WEBSITE.

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.

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 USE.

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.

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 ACTION OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT

Governing Law and Jurisdiction

These Terms of Use, any documents they refer to, and any disputes arising from or in relation to them or any documents they refer to, whether contractual or non-contractual, shall be governed by and construed in accordance with English law.

The courts of England and Wales shall have exclusive jurisdiction over any claims or disputes arising from or in relation to these Terms of Use and any documents they refer to.

Copyright, Credit and Logo

The copyright in these Terms of Use 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.

These Terms of Use are based on a General Data Protection Regulation (Regulation (EU) 2016/769) (“GDPR”) compliant template provided by GDPR Privacy Policy. For further information, please visit gdprprivacypolicy.org

Where we display the GDPR Privacy Policy logo on our website, this is used to indicate that we have adopted a privacy policy template provided by GDPR Privacy Policy as the basis for this Privacy Policy.

Terms and Conditions of Sale

By choosing to place an order for goods or services through our website, you agree to comply with and be bound by these Terms and Conditions of Sale. Please read these terms and conditions carefully before placing your order.

Before placing an order on the website, you will be asked to agree to the Terms and Conditions of Sale by clicking on the button marked ‘I accept’. If you do not click the button, you will not be able to complete your order. You can only purchase the Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.

By choosing to purchase goods and services through our website you agree to comply and be bound by these Terms and Conditions of Sale, effective from 25/05/2018

Application

These Terms and Conditions will apply to the purchase of the goods by you (referred to as the Customer or you). We are Equilibrium Products, a company registered in England and Wales under number 03762996 whose registered office is The Counting House, High Street, Tring, Hertfordshire, HP23 5TE, and whose Trading address is Unit 2, Acorn Farm Business Centre, Cublington Road, Wing, Leighton Buzzard, Bedfordshire, LU7 0LB, and are contactable via email at info@equilibriumproducts.com or by phone on 01442 879115; (referred to as the Supplier, us, or we).

These are the terms on which we sell all goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions. Before placing an order on the website, you will be asked to agree to the Terms and Conditions of Sale by clicking on the button marked ‘I accept’. If you do not click the button, you will not be able to complete your order. You can only purchase the Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.

Interpretation

Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession

Contract means the legally-binding agreement between you and the supply of Goods;

Delivery Location means the Customer’s premises or other location where the Goods are to be supplied, as set out in the Order.

Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipients to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored.

Goods means the Goods advertised on the Website that we supply to you of the number and description as set out in the order.

Order means the Customer’s order for the Goods from the Supplier as submitted following the step by step process set out on the Website

Privacy Policy means the terms which set out how we will deal with the confidential and personal information received from you via the Website.

Website means our website, equilibriumproducts.com on which the Goods are advertised.

Goods

25/05/2018

Application

Interpretation

Goods

The description of the Goods is as set out in the Website, catalogues, brochures or other forms of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied.

In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.

All Goods which appear on the Website are subject to availability

We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

Personal Information

We retain and use all information strictly under the Privacy Policy.

We may contact you by using email or other electronic communication methods and by pre-paid post, and you expressly agree to this.

Basis of Sale

The description of the Goods in our website does not constitute a contractual offer to sell the Goods. When an order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.

The order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.

A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (i.e. the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the contract, but in any event not later than the delivery of any Goods supplied under the Contract. We do recommend for you to check all recipient folders for the Order Confirmation, as Order Confirmation emails may be directed into junk or spam folders. In the event of this happening, we do not accept responsibility for this.

Any quotation is valid for a maximum period of 1 day from its date, unless we expressly withdraw it at an earlier time.

No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing

We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, e.g by giving you rights as a business.

Price and Payment

The price of the Goods and any additional delivery or other charges is that set out on the Website at the date of the Order, or such other price as we may agree in writing.

Prices and charges include VAT at the rate applicable at the time of the Order.

You must pay either through a PayPal account, or by submitting your credit or debit card details with your Order. Our payment gateways are PayPal and Stripe. By using these payment gateways you also agree to their individual Terms and Conditions and Terms of Service. We do not hold your payment information. Payment will be taken immediately, or before the delivery of the Goods

Delivery

We will deliver the Goods, to the Delivery Location by the time or within the agreed period of delivery, stated at the time the Order is placed. Delivery times may be subject to change, and any changes will be indicated on the Website and Goods information or advertisement when necessary.

In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the contract at an end if:

• We have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
• After we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period

If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract

If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay, return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to us or allow us to collect them from you.

If any Goods form a commercial unit (a unit is commercial if division of the unit would materially impair the value of the Goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.

In addition to delivery within England and Wales, Scotland, Northern Ireland, R.O.I, the Isle of Man and Channel Islands, we also deliver to locations in Europe. For full details of delivery locations please see our Delivery and Shipping page. If you are ordering from outside of the United Kingdom, you may need to pay import duties or other taxes as we will not pay them.

You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine or fair reason, subject to the above provisions and provided you are not liable for extra charges.

If you or your nominee fails, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable cost of storing and redelivering them.

The Goods will become your responsibility from the completion of delivery or customer collection. You must, if reasonably practicable, examine the Goods before accepting them.

Risk and Title

Risk of damage to, or loss of, any goods will pass to you when the Goods are delivered to you

You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.

Withdrawal and Cancellation

You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.

This is a Distance Contract (as defined below) which has cancellation rights (Cancellation Rights) set out below. These cancellation rights, however, do not apply, to a contract for the following goods (with no others) in the following circumstances:

• Goods that are made to your specification or are clearly personalized
• Goods which are liable to deteriorate or expire rapidly

Also, the Cancellation Rights for a Contract cease to be available in the following circumstances:

• In the case of any sales contract, if the goods become mixed inseparably (according to their nature)with other items after delivery

Right to Cancel

Subject as stated in these Terms and Conditions, you can cancel this Contract within 14 days of receipt of the Order, without any given reason, with a further 14 days in which to return the Order to us.

The cancellation period will expire after 14 days from the day on which you acquire, or a third party. Other than the carrier indicated by you, acquires physical possession of the last of the Goods.

To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (e.g. a letter sent by post, fax or email). You must be able to show clear evidence of when the cancellation was made.

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired

Effects of Cancellation in the Cancellation Period

Except as set out below, if you cancel this Contract, we will reimburse you all payments received from you, including the cost of delivery (except for the supplementary costs arising if you chose a type of delivery other then the least expensive type of standard delivery offered by us)

Deduction of Goods Supplied

We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (i.e. handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods: e.g. it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay the amount of that loss.

In the event that a product is returned after the 14 day cancellation period (i.e. if a product is faulty), a deduction may also be made if the Goods are returned beyond an acceptable level of wear and tear, or are returned in an unhygienic condition. In this instance, replacement Goods may also be offered.

Timing of Reimbursement

If we have not offered to collect the Goods, we will make the reimbursement without undue delay, and not later than:

• 14 days after the day we receive back from you any Goods supplied, or
• (if earlier) 14 days after the day you provide evidence that you have sent back the Goods

If we have offered to collect the Goods or if no Goods were supplied, we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.

We will make the reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

Returning Goods

If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods to:

Equilibrium Products

Unit 2, Acorn Farm Business Centre

Cublington Road,

Wing,

Leighton Buzzard,

Bedfordshire,

LU7 0LB

Goods must be sent back without delay, and in any event not later than 14 days from the day on which you communicate to us the cancellation of this Contract. The deadline is met if you send back the Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods.

For the purposes of these Cancellation Rights, these words have the following meaning:

• Distance Contract means a contract concluded between a trader and a consumer under an organized distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded.
• Sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer, and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.

Conformity and Guarantee

We have a legal duty to supply the Goods in conformity with the Contract and will not have conformed if it does not meet the following obligation.

Upon delivery, the Goods will:

• Be of satisfactory quality
• Be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
• Conform to their description

It is not a failure to conform if the failure has its origins in your materials

We will immediately, or within a reasonable time, give you the benefit of the free guarantee provided with the Goods.

The Goods are provided with either a One or Two year Guarantee (length of guarantee for a specific product will be stated on the individual product information age of the Website). In any case, the Guarantee states:

• The Guarantee is valid from the date of purchase, provided that the Goods are used and cared for in accordance with instructions provided at point of purchase.
• Guarantees are non-transferable
• If the Consumer is not completely satisfied with the Goods, or find a genuine fault with the Goods within the Guarantee period, we will either replace the Goods, or repair or replace defective parts free of charge, if the product is returned together with a receipt as proof of purchase. If the Goods have been purchased through a third party, the Goods must be returned to the retailer from which the Goods were purchased, complete with proof of purchase

The following conditions are specifically excluded from the terms and conditions of the guarantee:

• Damage caused by misuse, accident, negligence or improper handling of the product or not used in accordance with instructions
• Damage caused to electrical products due to the use of the Goods on a voltage other than that stamped on the product
• Normal wear and tear
• Any modification made by the purchaser to the product or any repairs other than by an authorized agent
• Damage resulting from incorrect maintenance according to the Instructions Of Use (e.g. stored in damp/wet conditions)
• For electrical Goods, the guarantee is only valid if the correct Equilibrium mains charger, appropriate to the country of use, is used. The guarantee is not valid if used with an adapter

The Guarantee will take effect from the time the Goods are delivered, and will not reduce your legal rights.

Successors and our sub-contractors

Either party can transfer the benefit of this Contract to someone else, and will remain liable to the others for its obligations under the Contract. The supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.

Circumstances beyond the control of either party

In the event of any failure by a party because of something beyond its reasonable control:

• The party will advise the other party as soon as reasonably practicable; and
• The party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above right relating to delivery and any right to cancel, below.

Excluding Liability

The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (e.g. loss of profit) to the Customer’s business, trade, craft or profession which would not be suffered by a Consumer – because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.

Governing Law, Jurisdiction and Complaints

The Contract (including any non-contractual matters) is governed by the law of England and Wales.

Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.

We try to avoid any dispute, so we deal with complaints in the following way: if a dispute occurs, customers should contact us to find a solution. We will aim to respond with an appropriate solution within 5 days.

Attribution

These terms and conditions have been in part created using a document from Rocket Lawyer (rocketlawyer.co.uk) but have been modified for the accurate representation of Equilibrium Products Ltd.

User Content Agreement

This User Content Agreement sets out the terms that apply to you when you use any interactive functions on our website. When you click to agree to this User Content Agreement, you agree to be bound by its terms in addition to our website Terms and Conditions and acknowledge that your information will be processed in accordance with our Privacy Policy and Cookies Policy.

If for any reason you do not agree to this User Content Agreement or do not wish to be bound by its terms, you must not access or use any of the interactive functions available on the website, link to our website, contact users of our website, or upload any content to our website.

By using our website and its interactive features, you agree to comply to and be bound by this User Content Agreement, the terms of which are effective from 25/05/2018

Basis of Agreement

This User Content Agreement, in addition to our Terms of Use, sets out the terms and conditions that apply to you when you access any interactive features of our website, upload content onto our website, interact with other users of our website or upload links on our website.

When you click agree to this User Content Agreement, you agree to be bound by the terms set out herein.

Variations of this user content agreement

We may vary the terms of this User Content Agreement from time to time:

• To reflect any changes in the way we carry out our business;
• To account for any changes we make to our website, including, without limitation, any new features or functionality we provide, any adjustments to the means by which we provide notices to you, or any changes in the content, purpose or availability of the website; or
• To ensure that our documentation complies and remains compliant with any and all current and future applicable laws, regulations and guidance.

By continuing to access our website after we have updated this User Content Agreement, you agree to be bound by that updated version.

You must check this User Content Agreement each time you access our website in order to ensure that you are aware of the terms and conditions that apply to you at that time.

If required by law, we will provide you with notice of any changes we make to this User Content Agreement by posting a notice on our website. Where we make any changes to this User Content Agreement, we will post the updated version on our website with a new effective date stated at the beginning of it.

The date that this User Content Agreement was last amended is set out at the top of the document and may be described as the document’s “effective date”.

Content Uploaded onto our website

Whenever you make use of any feature or interactive function on our website that enables you to upload content to our website, any content you upload must:

• State any facts accurately;
• State opinions only when, and to the extent that, they are genuinely held, and you must also state the person to whom those opinions belong;
• Comply with all applicable laws and regulations both in England and Wales, any country from which you upload the content and any other applicable laws from time to time
• Not upload any materials that constitute Prohibited Content

You may upload your own confidential information to our website, but any confidential information you upload will be made public and non-confidential by you uploading it. We do not guarantee that any content uploaded by you will be treated as confidential, and we disclaim any responsibility for maintaining the confidentiality of any such uploaded content. You must not upload confidential information belonging to any other person. Any and all content that you upload to our website will be treated as non-confidential.

We are not responsible for securing or backing up any data or content uploaded by you, and we are not responsible for any loss or corruption of such data or content. If you do not wish to lose any content uploaded by you, you should back up and secure such content independently.

You shall be solely responsible for content you upload to our website and for the consequences of uploading or publishing it. In connection with your uploads and anything contained, displayed, featured, incorporated, or appearing therein or related thereto, you hereby represent and warrant that you either:

• Are the owner of all copyright and other intellectual property rights in the content uploaded by you; or
• Are licensed or otherwise legally authorised by the owner of the copyright or other intellectual property rights in the content you upload to use that content and to distribute that content on or via third party websites (including on or via our website) in the public domain on a non-confidential basis, and to grant the licence described in Rights you grant in relation to content uploaded to our website for and on behalf of the owner of the copyright.

You further represent and warrant that your use and/or uploading of any content to our website does not infringe and will not infringe on the copyright, trademark, trade secret, rights or privacy or publicity, or other intellectual property or personal rights of any person or entity.

If you own the copyright in any photograph, video or other material that appears on our website and you consider that its appearance on our website violates your copyright, please notify us by email at info@equilibriumproducts.com. If you are uncertain whether the use of the content you are reporting infringes your legal rights, you may wish to seek legal guidance. Please bear in mind that submitting intentionally misleading reports of infringement may be punishable under the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (“DMCA”) in the United States, with similar laws existing in other countries.

Rights you grant in relation to content uploaded onto our website

25/05/2018

Basis of Agreement

Variations of this User Content Agreement

Content Uploaded onto our Website

Rights You Grant in Relation to Content Uploaded on to Our Website

You shall at all times remain the owner of all copyright in the content uploaded by you, unless the copyright in such content is owned by a person other than yourself, in which case that person shall retain the ownership of the content.

By uploading content to our website, you grant us a worldwide, transferable, non-exclusive, perpetual, irrevocable, royalty-free licence to use, copy, adapt, modify, reproduce, process, publish, transmit, display and distribute such content to anyone, by any means whatsoever, for any lawful purpose, and to relicense, whether or not in exchange for payment, third parties to do the same. This means that any content you upload to the internet via our website is public, and may be distributed anywhere by anyone, including persons other than ourselves and those to whom we have relicensed it.

You grant each user of the website a non-exclusive license to access the content you upload through the website, and to use, copy, reproduce, distribute and display such content as permitted through the functionality of the website and under this User Content Agreement.

You waive any claims you may have based on any usage of the content you upload or the works derived therefrom including (but not limited to) claims for infringement, invasion, misappropriation, or violation of intellectual property or personal rights

Prohibited uses of our website

You must use our website for lawful purposes only and in accordance with this User Content Agreement. You must not use our website:

• To upload, host or transmit any viruses, malware, adware, spyware, worms, Trojan horses, keystroke loggers, spyware, logic bombs, time bombs or any other harmful programs or code which could adversely affect the use or operation of the website, our hardware or systems, or the computers, tablets, phones or other devices of any users or other third parties, or to upload any content or materials containing the same;
• To conduct any unsolicited or unauthorised advertising or direct or indirect marketing to anyone by any means, or to otherwise spam, communicate or market to anyone any goods, services or business not authorised by us;
• For any purpose that is unlawful or that in any way breaches any applicable laws or regulations, whether local, national or international;
• For any fraudulent purposes whatsoever;
• To communicate with, harm or attempt to harm children in any way; or
• In any way or for any purpose that breaches this User Content Agreement or the terms of any other documents referred to in it.

Prohibited Content

You must not upload any content to our website, or upload to our website any links to third party websites containing content which falls into any one or more of the following categories (Prohibited Content):

• Contains confidential information belonging to any other person, save and except where you have the legally binding authorisation of such person to upload the content to our website;
• Contains any advertising or promotions relating to any other business or that provides a link to any other business, without our prior written consent;
• Is deceptive, dishonest, deceitful, inaccurate or untrue;
• Misrepresents your identity, status or any affiliation you may have with any third party;
• Impersonates any other person or organisation;
• Represents or suggests that the content is provided by us or reflects our views, opinions, positions, activities or affairs;
• Contains any swear word or profanity, is offensive, obscene, hateful or aggressive, threatening, abusive, harassing or malicious towards any person or is likely to cause anxiety, distress, discontent or annoyance, or which promotes violence, hatred, aggression or unrest;
• Is in any way discriminatory towards any person or class of persons on account of nationality, race, gender, age, religion, disability, sexual orientation or any other characteristic or ground(s) capable of constituting unlawful discrimination under the Equality Act 2010;
• Infringes any intellectual property rights of any other person, including, without limitation, any copyrights, database rights or trademarks;
• Breaches any statutory duty owed to any other person;
• Breaches the terms of any contract owed to any other person;
• Contravenes the terms of any court order;
• Is defamatory, disparaging, rude or insulting towards any person or organisation or which is capable of harming the reputation of any person or organisation;
• Contains, alludes to, or describes any sexually explicit material, or which redirects users to such content;
• Incites, encourages, advocates or promotes any illegal activity, or assists anyone in the commission, planning or conduct of any illegal activity; or
• Contains a statement that is likely to be understood by some or all of the members of the public to whom it is published as a direct or indirect encouragement or other inducement to them to the commission, preparation or instigation of acts of hatred, violence or terrorism.

Actions we may take in relation to uploaded content

We reserve the right to take any action whatsoever that we deem appropriate in respect of any suspected or actual breach of this User Content Agreement. Such action may include:

• Issuing you with a warning in respect of your non-compliance with the terms of this User Content Agreement;
• Suspension or termination, without notice, of your right to use our website;
• Modification or removal of any content uploaded by you;
• Disclosure of your identity to any third party where that third party (or their representative) makes a complaint to us relating to content uploaded by you, and it appears to us that the content uploaded by you constitutes a violation of their or any other person’s intellectual property rights, privacy rights or any other rights;
• Disclosure of your identity, any content uploaded by you and any other relevant information to the police or any other law enforcement authority in the event that we deem this to be reasonable, necessary or otherwise required or permitted by law;
• Commencing legal proceedings against you for all expenses that we incur because of any breach by you of this User Content Agreement; or
• Any other or additional action that we deem appropriate in the circumstances.

YOU HEREBY HOLD HARMLESS AND INDEMNIFY US FROM AND AGAINST ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, REPUTATION OR GOODWILL, AND ANY OTHER SECONDARY OR CONSEQUENTIAL LOSSES), PENALTIES, COSTS (INCLUDING PROFESSIONAL AND LEGAL COSTS ON A FULL INDEMNITY BASIS) AND EXPENSES SUFFERED OR INCURRED BY US ARISING FROM, IN CONNECTION WITH OR RELATING TO ANY BREACH BY YOU OF THIS USER CONTENT AGREEMENT OR OUR TERMS OF USE OR ANY ACTION BROUGHT AS A CONSEQUENCE OF ANY CONTENT BEING UPLOADED BY YOU (INCLUDING, WITHOUT LIMITATION, ANY DEFAMATORY CONTENT).

We shall have no liability to you whatsoever for the consequences of any action we take in response to any breach by you of the terms of this User Content Agreement, our website terms of use, or any other document, laws or regulations governing your use of our website.

No responsibility for user generated content

Some parts of our website may contain content and materials that have been uploaded by other users. Any such content is owned by or licensed to the users who uploaded the material, or owned by other third parties and has not been approved by us. We make no representations and provide no warranties whatsoever in respect of any such user-generated content, and have no obligation to monitor or review any such content. Any opinions or views contained in any user-generated content may describe the opinions and views of the users who uploaded it and/or the views of third parties and not our own views, opinions, positions or values. Accordingly, we do not endorse any opinions, advice or recommendations contained in any user-generated content.

Viruses and other harmful content

You must ensure that you have in place up-to-date and effective anti-virus protection on your computer or browsing device which you use to access our website.

You must not upload or otherwise introduce to our website any viruses, malware, spyware, adware, Trojan horses, worms, logic bombs, time bombs, keystroke loggers or any other programs or code that is harmful or malicious.

You must not use, whether by yourself or in conjunction with any third parties, any software or technology to attempt to gain unauthorised access to our website, our servers, systems, hardware, software or data, or cause, encourage or entice any third party to do the same.

You must not perform any denial of service type attack on our website

You must not perform any action which would contravene the Computer Misuse Act 1990.

We may report any breach or suspected breach of this clause (Viruses and other harmful content) to the relevant authorities and may disclose your identity to them.

Links to other websites:

25/05/2018

Basis of Agreement

Variations of this User Content Agreement

Content Uploaded onto our Website

Rights You Grant in Relation to Content Uploaded on to Our Website

Prohibited Uses of Our Website

Prohibited Content

Actions We May Take in Relation to Uploaded Content

No Responsibility for User-Generated Content

Viruses and Other Harmful Content

Links to Other Websites

We are not responsible for the content of any website(s) accessible via any link(s) on our website from time to time. All content on third party websites is outside of our control, and we do not represent or warrant that such content is related, suitable, appropriate, lawful or accurate.

Any third party website accessible via a link on our website may collect and process information about you. We are not responsible for any data-processing activities carried out by any third party website linked to from our website or how such third parties may use information about you, and we disclaim any and all liability in respect of the same. You must check the privacy policy of any such third party to establish how they may use information about you before you decide to use their website and its features.

Links to our website

Where you have obtained our consent to link to our website:

• You may provide links to our website on other websites owned by you, provided that such websites and the use of any links to our website comply with these Terms of Use;
• Wherever you post a link to our website on any other website, you agree that you will do so in an appropriate manner, and not in any way which is defamatory or disparaging towards us, which misrepresents us or our business, or which causes any harm whatsoever to us or our business; and
• You must not link to our website in order to suggest any form of joint venture, partnership, collaboration, affiliation, business relationship, approval or endorsement in connection with us where none exists and in any event, without having first obtained our prior written consent.

We may withdraw permission to link to our website at any time. In the event that we withdraw permission to link to our website and inform you of the same, you must immediately remove or cause to be removed any links to our website.

Conflict

The terms of this User Content Agreement shall prevail over any other terms which may conflict with them, including any terms in our Terms of Use, Privacy Policy or Cookies Policy or Terms and Conditions of Sale

Severance

In the event that any term of this User Content Agreement is 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 to the maximum extent possible. In the event that such modification of the term is not possible, it shall be deleted from this User Content Agreement. Where a term is defective only because of a partial term, sub-clause or part-provision of a term, and 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, sub-clause or part-provision under this clause shall affect the validity of the remainder of this User Content Agreement or any other terms contained herein.

Assignment

We may assign, transfer or otherwise deal with, in any way whatsoever, any of our rights and obligations under this User Content Agreement. 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 this User Content Agreement, 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 this User Content Agreement.

Waiver

Any failure to exercise or delay by us in exercising any of the rights or remedies that we may have under this User Content Agreement 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 this User Content Agreement 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.

Third Party Rights

Save and except as expressly provided in this User Content Agreement, 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 this User Content Agreement.

Reservation of rights

The rights and remedies arising under this User Content Agreement are in addition to any rights and remedies arising under law.

Governing Law and Jurisdiction

This User Content Agreement, any documents referred to in it, and any disputes arising from or in relation to it, whether contractual or not, shall be governed by and construed in accordance with English law.

The courts of England and Wales shall have exclusive jurisdiction over any claims or disputes arising from or in relation to this User Content Agreement or any documents referred to in it.

Copyright, credit and logo

The copyright in this User Content Agreement is either owned by, or licensed to, us and is protected by copyright laws around the world and copyright protection software. All intellectual property rights in this document are reserved.

This User Content Agreement is based on a General Data Protection Regulation (Regulation (EU) 2016/769) (“GDPR”) compliant template provided by GDPR Privacy Policy. For further information, please visit gdprprivacypolicy.org

Where we display the GDPR Privacy Policy logo on our website, this is used to indicate that we have adopted a privacy policy template provided by GDPR Privacy Policy as the basis for this Privacy Policy.