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Welcome to the 'Briliant Polishes' terms
and conditions, which apply to your use of our website.
By accessing this Website, you agree to be bound by
them.
DEFINITIONS
"Conditions" means these terms and conditions:
"Personal Information" means any personal
details provided by you via the Website; "User(s)"
means (a) user(s) of the Website either collectively
or individually, as the context requires; "We/us/our"
means English Custom Polish, "Website" means
the website located at http://www.briliant.biz or any
subsequent URL which may replace it; and "You/your"
means you as a user of the Website.
1 ACCESS
We will provide you with access to the Website in accordance
with these Conditions.
2 YOUR OBLIGATIONS
2.1 You:
2.1.1 agree not to use the Website (or any part of)
for any illegal purpose and agree to use it in accordance
with all relevant laws;
2.1.2 agree not to upload or transmit through the Website
any computer viruses, macro viruses, trojan horses,
worms or anything else designed to interfere with, interrupt
or disrupt the normal operating procedures of a computer;
2.1.3 will not upload or transmit through the Website
any material which is defamatory, offensive, or of an
obscene or menacing character, or that may cause annoyance,
inconvenience or needless anxiety;
2.1.4 will not use the Website in a way that may cause
the Website to be interrupted, damaged, rendered less
efficient or such that the effectiveness or functionality
of the Website is in any way impaired;
2.1.5 will not use the Website in any manner which violates
or infringes the rights of any person, firm or company
(including, but not limited to, rights of intellectual
property, rights of confidentiality or rights of privacy);
2.1.6 agree that in the event that you have any right,
claim or action against any Users arising out of that
User's use of the Website, then you will pursue such
right, claim or action independently of and without
recourse to us.
3 INDEMNITY
3.1 You agree to be fully responsible for (and fully
indemnify us against) all claims, liability, damages,
losses, costs and expenses, including legal fees, suffered
by us and arising out of any breach of the Conditions
by you or any other liabilities arising out of your
use of the Website, or the use by any other person accessing
the Website using your PC or internet access account.
4 OUR RIGHTS
4.1 We reserve the right to:
4.1.1 modify or withdraw, temporarily or permanently,
the Website (or any part of) with or without notice
to you and you confirm that we shall not be liable to
you or any third party for any modification to or withdrawal
of the Website; and/or
4.1.2 change these Conditions from time to time, and
your continued use of the Website (or any part of) following
such change shall be deemed to be your acceptance of
such change. It is your responsibility to check regularly
to determine whether the Conditions have been changed.
If you do not agree to any change to the Conditions
then you must immediately stop using the Website.
4.2 We will use our reasonable endeavours to maintain
the Website. The Website is subject to change from time
to time. You will not be eligible for any compensation
because you cannot use any part of the Website or because
of a failure, suspension or withdrawal of all or part
of the Website due to circumstances beyond our control.
5 THIRD PARTY LINKS
In an attempt to provide increased value to our Users,
we may provide links to other websites or resources.
You acknowledge and agree that we are not responsible
for the availability of such external sites or resources,
and do not endorse and are not responsible or liable,
directly or indirectly, for the privacy practices or
the content (including misrepresentative or defamatory
content) of such websites, including (without limitation)
any advertising, products or other materials or services
on or available from such websites or resources, nor
for any damage, loss or offence caused or alleged to
be caused by, or in connection with, the use of or reliance
on any such content, goods or services available on
such external sites or resources.
6 MONITORING
We have the right, but not the obligation, to monitor
any activity and content associated with the Website.
We may investigate any reported violation of these Conditions
or complaints and take any action that we deem appropriate
(which may include, but is not limited to, issuing warnings,
suspending, terminating or attaching conditions to your
access and/or removing any materials from the Website).
7 YOUR DATA
7.1 We respect your personal information and undertake
to comply with applicable UK Data Protection legislation
from time to time in place.
7.2 You should be aware that:
7.2.1 if we are requested by the police or any regulatory
or government authority investigating suspected illegal
activities, or upon receipt of a court order, to provide
your Personal Information and/or information concerning
your activities whilst using the Website we shall do
so; and
7.3 We reserve the right in our reasonable discretion
to disclose details of your use of the Website in relation
to any, or any threatened, Court Proceedings in connection
with your use, or the use of anyone under your control,
of the Website whether in connection with the matters
set out in these Conditions or otherwise.
7.4 Please view our Privacy Policy, which forms part
of these Conditions.
8 INTELLECTUAL PROPERTY AND RIGHT
TO USE
8.1 You acknowledge and agree that all copyright, trademarks
and all other intellectual property rights in all material
or content supplied as part of the Website shall remain
at all times vested in us or our licensors. You are
permitted to use this material only as expressly authorised
by us.
8.2 The Website is Copyright, English Custom Polish,
2004. All rights reserved.
9. NOTICES
9.1 You may send us notices under or in connection with
these Conditions:
9.1.1 by post to English Custom Polish PO Box 7956 Chelmsford,
Essex CM2 9WG England;
9.1.2 by email to sales@briliant.biz
9.2 As proof of sending does not guarantee our receipt
of your notice, you must ensure that you have received
an acknowledgement from us, which will be sent within
3 working days of our receipt and should be retained
by you.
10. LIMITATION OF LIABILITY
10.1 WHILE WE WILL USE REASONABLE ENDEAVOURS TO VERIFY
THE ACCURACY OF ANY INFORMATION WE PLACE ON THE WEBSITE,
WE MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED IN
RELATION TO ITS ACCURACY.
10.2 The Website is provided on an "as is"
and "as available" basis without any representation
or endorsement. Unless specified in separate terms and
conditions related to a particular product or service,
we make no warranties of any kind, whether express or
implied, in relation to the Website, or products or
services offered on the Website whether by us or on
our behalf (including free software downloads) including
but not limited to, implied warranties of satisfactory
quality, fitness for a particular purpose, non-infringement,
compatibility, security, accuracy, condition or completeness,
or any implied warranty arising from course of dealing
or usage or trade.
10.3 Unless specified in separate terms and conditions
related to a particular product or service, we make
no warranty that the Website or products or services
offered on the Website whether by us or on our behalf
(including free software downloads) will meet your requirements
or will be uninterrupted, timely, secure or error-free,
that defects will be corrected, or that the Website
or the server that makes it available or products or
services offered on the Website whether by us or on
our behalf (including free software downloads) are free
of viruses or bugs or are fully functional, accurate,
or reliable. We will not be responsible or liable to
you for any loss of content or material as a result
of uploading to or downloading from the Website.
10.4 Notwithstanding any other provision in the Conditions,
nothing shall limit your rights as a consumer under
United Kingdom law.
10.5 You acknowledge that we cannot guarantee and therefore
shall not be in any way responsible for the security
or privacy of the Website and any information provided
to or taken from the Website by you.
10.6 We will not be liable in contract, tort or otherwise
if you incur loss or damage connecting to the Website
through a third party's hyper-text link.
10.7 We will not be liable, in contract, tort (including,
without limitation, negligence), pre-contract or other
representations (other than fraudulent misrepresentations)
or otherwise out of or in connection with the Website
or products or services offered on the Website whether
by us or on our behalf (including free software downloads)
for:
10.7.1 any economic losses (including without limitation
loss of revenues, profits, contracts, business or anticipated
savings); or
10.7.2 any loss of goodwill or reputation; or
10.7.3 any special or indirect or consequential losses;
in any case whether or not such losses were within the
contemplation of either of us at the date on which the
event giving rise to the loss occurred.
10.8 Nothing in the Conditions shall exclude or limit
our liability for death or personal injury resulting
from our negligence or that of our servants, agents
or employees.
11 SEVERANCE
If any part of the Conditions shall be deemed unlawful,
void or for any reason unenforceable, then that provision
shall be deemed to be severable from these Conditions
and shall not effect the validity and enforceability
of any of the remaining provisions of the Conditions.
12 WAIVER
Nothing shall be construed as a waiver by us of any
preceding or succeeding breach of any provision.
13 SURVIVAL
Each provision of these Conditions shall be construed
as separately applying and surviving even if for any
reason one or other of those provisions is held to be
inapplicable or unenforceable in any circumstances.
14 ENTIRE AGREEMENT
These Conditions (as amended from time to time) contain
the entire agreement between you and us relating to
the subject matter covered and supersede any previous
agreements, arrangements, undertakings or proposals,
written or oral, between you and us in relation to such
matters. No oral explanation or oral information given
by either of us shall alter the interpretation of these
Conditions. You confirm that, in agreeing to accept
these Conditions, you have not relied on any representation
save insofar as the same has expressly been made a representation
in these Conditions and you agree that you shall have
no remedy in respect of any misrepresentation which
has not become a term of these Conditions save that
your agreement contained in this Clause shall not apply
in respect of any fraudulent misrepresentation whether
or not such has become a term of these Conditions.
15 LAW
The Conditions will be exclusively governed by and construed
in accordance with the laws of United Kingdom whose
Courts will have exclusive jurisdiction in any dispute,
save that we have the right, at our sole discretion,
to commence and pursue proceedings in alternative jurisdictions.
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