| TERMS and CONDITIONS |
This Website, www.magennisjewellery.com is operated by magennisjewellery and whose main trading address is 12 Cedar Close Elson Gosport Hampshire PO12 4AT.
| DEFINITIONSS and INTERPRETATIONS |
In this Agreement the
following terms shall have the following meanings:
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"We/Us/Our"
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means magennisjewellery
whose main trading address is 12 Cedar Close Elson Gosport Hampshire PO12
4AT.
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"ACCOUNT"
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means collectively
the personal information, Payment Information and credentials used by Users
to access Material and / or any communications System on the Website;
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"CONTENT"
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means any text, graphics,
images, audio, video, software, data compilations and any other form of
information capable of being stored in a computer that appears on or forms
part of this Website;
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"LICENCE"
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means the terms and
conditions governing your use of Material purchased from this Website;
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"SERVICE"
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means collectively
any online facilities, tools, services or information that magennisjewellery makes
available through the Website either now or in the future;
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"User"/
"Users"
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means any third
party that accesses the Website and is not employed by magennisjewellery and
acting in the course of their employment;
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"Website"
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means the website
that you are currently using (www.magennisjewellery.com) unless
expressly excluded by their own terms and conditions.
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2. INTELLECTUAL PROPERTY
2.1 Subject to
the exceptions in Clause 4 of these Terms and Conditions, all Content included
on the Website, unless uploaded by Users, including, but not limited to, text,
graphics, logos, icons, images, sound clips, video clips, data compilations,
page layout, underlying code and software is the property of magennisjewellery,
Our affiliates or other relevant third parties. By continuing to use the
Website you acknowledge that such material is protected by applicable United
Kingdom and international intellectual property and other laws.
2.2 You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given Our express written permission to do so.
| 3. THIRD PARTY INTELLECTUAL PROPERTY AND MATERIAL |
3.2 Subject
to TERM of SALE purchased Material is to be used only in accordance with the
terms of the accompanying Licence. Use without a Licence or beyond the
terms of such a Licence is prohibited subject to any alternative agreement
between you and the owner of the relevant Material.
3.3 Free previews of Material may be used in works in progress. Such preview Material must be removed from or replaced with purchased Material for any versions of works that are released to any parties other than co-authors. Under no circumstances are Material previews or any work containing them to be commercially exploited.
| 4. FAIR USE OF INTELLECTUAL PROPERTY |
| 5. USE OF COMMUNICATION FACILITIES |
5.1.1 You must
not use obscene or vulgar language.
5.1.2 You must
not submit Content that is unlawful or otherwise objectionable. This
includes, but is not limited to, Content that is abusive, threatening,
harassing, defamatory, ageist, sexist or racist.
5.1.3 You must not
submit Content that is intended to promote or incite violence.
5.1.4 It is advised
that submissions are made using the English language(s) as We may be unable to
respond to enquiries submitted in any other languages.
5.1.5 The means by
which you identify yourself must not violate these Terms and Conditions or any
applicable laws.
5.1.6 You must not
impersonate other people, particularly employees and representatives of magennisjewellery or
Our affiliates; and
5.1.7 You must not
use Our System for unauthorised mass-communication such as "spam" or
"junk mail".
5.2 You acknowledge
that magennisjewellery reserves the right to monitor any and
all communications made to Us or using Our System.
5.3 You acknowledge
that magennisjewellery may retain copies of any and all
communications made to Us or using Our System.
5.4 You acknowledge that any information you send to Us through Our System may be modified by Us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon Our use of such information must be communicated to Us in advance and We reserve the right to reject such terms and associated information.
| 6. COMMUNICATIONS |
We may from time to time, if you opt to receive it, send you information about Our products and/or services. If you do not wish to receive such information, please <<insert description, e.g., "click on the 'Unsubscribe' link in any email which you receive from us.">>
| 7. COMPLAINTS and FEEDBACK |
7.2 All complaints
are handled in accordance with Our complaints handling policy and procedure,
available from <<insert
location>> and <<insert location>>respectively.
7.3 If you wish to
complain about any aspect of your dealings with Us, please contact Us in one of
the following ways:
7.3.1 In writing,
addressed to complaints department, 12 Cedar Close Elson Gosport Hampshire PO12
4AT
7.3.2 By
email, addressed to the complaint manager at info@magennisjewellery.com
7.3.3 Using
Our complaints form, following the instructions included with the form
By contacting Us by telephone on to be produced.
| 8. ACCOUNTS |
8.1.1 all
information you submit is accurate and truthful.
8.1.2 you have
permission to submit Payment Information where permission may be required; and
8.1.3 you will
keep this information accurate and up to date.
Your creation of an
Account is further affirmation of your representation and warranty.
8.2 Sharing
of accounts is not permitted unless We expressly authorise it in writing.
You are required to keep your Account details confidential and must not reveal
your username and password to anyone. If you use a shared computer, it is
recommended that you do not save your Account details in your internet browser.
8.3 If you
have reason to believe that your Account details have been obtained by another
without consent, you should contact Us immediately to suspend your
Account. Please be aware that due to the instantaneous nature of Material
delivery, pending or completed purchases cannot be cancelled.
8.4 When choosing your username you are required to adhere to the terms set out above in Clause 8. Any failure to do so could result in the suspension and/or deletion of your Account.
| 9. TERMINATION OF ACCOUNTS |
9.2 If your Account is terminated, you retain the right to use Material purchased through the Website, subject to any terms to the contrary in the Licence applicable to that Materia.
| 10. PRIVACY |
10.2 The Website
places the following cookies onto your computer or device. These cookies
are used for the purposes described herein. Full details of the cookies
used by the Website and your legal rights with respect to them are included in
Our Privacy Policy. By accepting these
Terms and Conditions, you are giving consent to Magennisjewellery to
place cookies on your computer or device. Please read the information
contained in the Privacy Policy prior to acceptance.
10.4 If you wish to opt-out of Our placing cookies onto your computer or device, please <<insert description of opt-out methods e.g. "check the alternative acceptance box for these terms and conditions", "adjust your internet browser's settings to restrict cookies as detailed in your internet browser's help menu" etc.>>. You may also wish to delete cookies which have already been placed. For instructions on how to do this, please consult your internet browser's help menu.
| 11. HOW WE USE YOUR PERSONAL INFORMATION (DATA PROTECTION) |
11.2 We may use your
personal information to:
11.2.1 Provide Our
Service to you.
11.2.2 Process your
payment for the Service; and
11.2.3 Inform you of
new products and services available from Us. You may request that We stop
sending you this information at any time.
11.3 In
certain circumstances (if, for example, you wish to make a purchase on credit),
and with your consent, we may pass your personal information on to credit
reference agencies. These agencies are also bound by the Data Protection
Act 1998 and should use and hold your personal information accordingly.
11.4 We will not pass on your personal information to any other third parties without first obtaining your express permission.
| 12. LEGAL RIGHTS and DISCLAIMERS |
12.2 No
part of this Website is intended to constitute advice and the Content of this
Website should not be relied upon when making any decisions or taking any
action of any kind.
12.3 When providing
digital content to consumers, We are required to provide digital content that
is of satisfactory quality, fit for any purpose made known to us (whether
expressly or impliedly), and in accordance with any descriptions (and
pre-contract information) given by Us. This includes any digital content
we may subsequently modify. If We fail to comply with Our legal
obligations, consumers may be entitled to certain legal remedies including
repair or replacement or price reductions. For full details of consumers'
legal rights, including those relating to digital content, please contact your
local Citizens Advice Bureau or Trading Standards Office.
12.4 Whilst We exercise all reasonable skill and care to ensure that the Website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.
| 13. AVAILANLITY of THE WEBSITE and MODIFICATIONS |
13.2 We reserve the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, the Content available. Where any Content or Material is made unavailable and you are entitled to a refund as a result, we will inform you of the refund due and it will be paid within 14 days using the same method originally used by you. These Terms and Conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
| 14. LIMITATION of LIABILITY |
14.2 To the fullest
extent permissible by law, we exclude all representations, warranties, and
guarantees (whether express or implied) that may apply to the Website or any
content included on the Website.
14.3 If you are a
commercial user, we accept no liability for loss of profits, sales, business or
revenue; loss of business opportunity, goodwill or reputation; loss of
anticipated savings; business interruption; or for any indirect or
consequential loss or damage.
14.4 We exercise all
reasonable skill and care to ensure that the Website is free from viruses and
other malware. Subject to sub-Clause 15.5, We accept no liability for any
loss or damage resulting from a virus or other malware, a distributed denial of
service attack, or other harmful material or event that may adversely affect
your hardware, software, data or other material that occurs as a result of your
use of the Website (including the downloading of any content from it) or any
other site referred to on the Website.
14.5 We neither
assume nor accept responsibility or liability arising out of any disruption or
non-availability of the Website resulting from external causes including, but
not limited to, ISP equipment failure, host equipment failure, communications
network failure, natural events, acts of war, or legal restrictions and
censorship.
14.6 Nothing in these
Terms and Conditions excludes or restricts Our liability for fraud or
fraudulent misrepresentation, for death or personal injury resulting from
negligence, or for any other forms of liability which cannot be excluded or
restricted by law. For full details of consumers' legal rights, including
those relating to digital content, please contact your local Citizens' Advice
Bureau or Trading Standards Office.
14.7 In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.
| 15. NO WAIVER |
| 16. PREVIOUS TERMS and CONDITIONS |
| 17. THIRD PARTY RIGHTS |
| 18. LAW and JURISDICTION |
18.2 If you are a consumer,
any disputes concerning these Terms and Conditions, the relationship between
you and Us, or any matters arising therefrom or associated therewith (whether
contractual or otherwise) shall be subject to the jurisdiction of the courts of
England, Wales, Scotland, or Northern Ireland, as determined by your residency.
18.3 If you are a
business, any disputes concerning these Terms and Conditions, the relationship
between you and Us, or any matters arising therefrom or associated therewith
(whether contractual or otherwise) shall be subject to the exclusive
jurisdiction of the courts of England and Wales.
