1.1. Purpose of these terms. These terms and conditions shall govern your use of our website.
1.2. You mustn’t use our website if you do not agree with these terms. By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
1.3. We may sometimes ask you to expressly agree to these terms. If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.
1.4. You must be at least 16 to use our website. You must be at least 16 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 16 years of age. Some of our website will only be available to you if you are 18 years of age or older (see Section 17).
1.5. You should save a copy of these terms. We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.
2. Our details and how to contact us
2.1. Who we are. This website is owned and operated by Guardian Angel Network Limited.
2.2. Our registered office address. We are registered in England and Wales under registration number 11111047, and our registered office is at Ye Olde Hundred, 69 Church Way, North Shields, England, NE29 0AE.
2.3. Our place of business. Our principal place of business is at 1 Salford Approach, Salford, M37BX, United Kingdom.
2.4. How to contact us. You can contact us:
- (a) using our website contact form; or
- (b) by email, using the email address published on our website from time to time.
3. Statutory and regulatory disclosures
3.1. Language of these terms. These terms and conditions are available in the English language only.
3.2. Our VAT. Our VAT number is [number].
3.3. EU Dispute Resolution Platform. The website of the European Union's online dispute resolution platform is available at https://webgate.ec.europa.eu/odr/main. The online dispute resolution platform may be used for resolving disputes.
4. Copyright notice
4.1. Copyright (c) 2019 Guardian Angel Network Limited.
4.2. Subject to the express provisions of these terms and conditions:
- (a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
- (b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.
5. Trade marks
5.1. Our trade marks. Guardian Angel, GuardianAngel, our logos and our other registered and unregistered trade marks are trade marks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.
5.2. Third party trade marks. The third party registered and unregistered trade marks or service marks on our website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.
6. Licence to use our website
6.1. How you can use this website. Whether you are a registered user or a visitor of our website, you may:
- (a) view pages from our website in a web browser;
- (b) download pages from our website for caching in a web browser;
- (c) print pages from our website; and
- (d) use our website services by means of a web browser,
6.2. You must only use our website as set out in these terms. Except as expressly permitted by Section 6.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
6.3. Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
6.4. This website is for your private use only. You may only use our website for your own personal purposes, and you must not use our website for business or any other purposes.
6.5. You must not republish any content. Unless you own or control the relevant rights in the material, you must not:
- (a) republish material from our website (including republication on another website);
- (b) sell, rent or sub-license material from our website;
- (c) show any material from our website in public;
- (d) exploit material from our website for a commercial purpose; or
- (e) redistribute material from our website.
6.6. You may share our newsletter. Notwithstanding Section 6.5, you may redistribute our newsletter in print and electronic form to any person.
6.7. We may restrict your access to our website. We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
7. Acceptable use of our website
7.1. How you must not use our website. You must not:
- (a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
- (b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
- (c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
- (d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
- (e) access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;
- (f) violate the directives set out in the robots.txt file for our website; or
- (g) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
7.2. Unless expressly permitted on our website, you must not use information from our website to contact people. You must not use data collected from our website to contact individuals, companies or other persons or entities other than through the means expressly permitted on the website.
7.3. All information you supply must be accurate. You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
8. User registration and accounts
8.1. When can you register for an account on our website. To be eligible for an account on our website under this Section 8, you must be at least 16 years of age.
8.2. How to register for an account. You may register for an account with our website via a social media account or by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.
8.3. Only you can use your account. You must not allow any other person to use your account to access the website.
8.4. You must let us know if somebody else uses your account. You must notify us in writing immediately if you become aware of any unauthorised use of your account.
8.5. You must not use another person’s account. You must not use any other person's account to access the website, unless you have that person's express permission to do so.
9. User login details
9.1. Account ID and password. If you register for an account with our website by submitting an account registration form, you will be asked to choose a user ID and password. If you register for an account via a social media account, you will be asked to login using your existing social media account details.
9.2. Content use and impersonation. Your user ID must not be liable to mislead and must comply with the content rules set out in Section 14. You must not use your account or user ID for or in connection with the impersonation of any person.
9.3. You must not disclose your password. You must keep your password confidential. You must notify us in writing immediately if you become aware of any disclosure of your password. You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
10. Cancellation and suspension of account
10.1. We may edit, suspend or cancel your account. We may:
- (a) edit your account details;
- (b) temporarily suspend your account; and/or
- (c) cancel your account,
- (d) at any time in our sole discretion, providing that if we cancel any services you have paid for and you have not breached these terms and conditions, you will be entitled to a refund of any amounts paid to us in respect of those services that were to be provided by us to you after the date of such cancellation; we will give you reasonable written notice of any cancellation under this Section 10.1.
10.2. You may cancel your account. You may cancel your account on our website using your account control panel on the website. You will not be entitled to any refund if you cancel your account in accordance with this Section 10.2, unless you do so in the cooling-off period in accordance with Section 20.
11. Personal profiles
11.1. Your profile information must be accurate. All information that you supply as part of a personal profile on the website must be true, accurate, current, complete and non-misleading.
11.2. You must keep your profile up-to-date. You must keep your personal profile on our website up to date.
11.3. Your profile must comply with our content rules. Personal profile information must also comply with the provisions of Section 7 and Section 14.
12. Support hub and social networking
12.1. Additional website features for registered users. Registered users will have access to such additional features on our website as we may, from time to time, determine, which may include:
- (a) facilities to complete a detailed personal profile on the website, to publish that profile on the website and other selected third party social media sites, and to restrict the publication of that profile to particular groups or individuals registered on the website;
- (b) facilities to create groups, manage groups that you have created, join and leave groups, and share information amongst group members;
- (c) the facility to send private messages via the website to particular groups or individuals registered on the website; and
- (d) the facility to post and publish text and media on the website and other selected third party social media sites.
12.2. We are not responsible for the behavior of other users. You acknowledge that we are not responsible for the behaviour of our users, either on or off the website, and we cannot guarantee that any information provided by a user is true, accurate, complete, current and not misleading. Subject to Section 25.1, you will not hold us liable in respect of any loss or damage arising out of any user behaviour or user information.
12.3. Other users’ posts may relate to you. You agree to the publication of posts relating to you, by others, on our website. You acknowledge that such posts may be critical or defamatory or otherwise unlawful, and, subject to Section 25.1, you agree that you will not hold us liable in respect of any such posts, irrespective of whether we are aware or ought to have been aware of such posts.
13. Your content: definition
13.1. Meaning of “your content”. In these terms and conditions, "your content" means all information, works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.
14. Your content: rules you must observe
14.1. Your content must not infringe any person’s rights. Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
14.2. Your content must not be inappropriate.Your content, and the use of your content by us in accordance with these terms and conditions, must not:
- (a) be libellous or maliciously false;
- (b) be obscene or indecent;
- (c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
- (d) infringe any right of confidence, right of privacy or right under data protection legislation;
- (e) constitute negligent advice or contain any negligent statement;
- (f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
- (g) be in contempt of any court, or in breach of any court order;
- (h) be in breach of racial or religious hatred or discrimination legislation;
- (i) be blasphemous;
- (j) be in breach of official secrets legislation;
- (k) be in breach of any contractual obligation owed to any person;
- (l) depict violence in an explicit, graphic or gratuitous manner;
- (m) be pornographic, lewd, suggestive or sexually explicit;
- (n) be untrue, false, inaccurate or misleading;
- (o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
- (p) constitute spam;
- (q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
- (r) cause annoyance, inconvenience or needless anxiety to any person.
15. Report abuse
15.1. Please let us know if you spot abuse. If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know.
15.2. How to report abuse. You can let us know about any such material or activity by email or using our abuse reporting form.
16. Your content: permissions you give us
16.1. This Section does not apply to our Will Writing Service. Your permissions set out in this Section 16 do not apply to your content, which you provide us with for the purpose of our Will Writing Service.
16.2. We can use your content. You grant to us a worldwide, irrevocable, non-exclusive, royalty-free permission to reproduce, store and publish your content on and in relation to this website and any successor website, and to allow others to do the same.
16.3. We sue people who use your content without our permission. You grant to us the right to bring an action for infringement of the rights licensed under Section 16.1.
16.4. You waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
16.5. You may edit your content. You may edit your content to the extent permitted using the editing functionality made available on our website.
16.6. We may delete, unpublish or edit your content if you breach these terms. Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
17. Will Writing Service
17.1. When does this Section apply. This Section 17 applies only if you offer to contract with us, or contract with us in respect of the services we provide in respect of will writing as further described in this Section 17 and on our website (“Will Writing Service”). It is important that your read through this Section 17 and the detailed information set out on our website before placing an order for the Will Writing Service.
17.2. Eligibility to use our Will Writing Service. We will only accept instructions from you if you:
- (a) are over 18 years of age;
- (b) reside in England or Wales; and
- (c) have registered for an account with us.
17.3. When we cannot provide our Will Writing Service to you. We cannot provide you with our Will Writing Service if:
- (a) you want your will to be governed by the law of another country or religious laws; or
- (b) you want to leave specific instructions relating to a business, agricultural property or assets outside of the United Kingdom; or
- (c) you want your will drafted in a language other than the English language; or
- (e) your wishes are complex and/or involve very large or complicated estates.
17.4. How we will accept your order. We will ask you to provide the information we need for your will by completing our online form. Once you submit it to us, we will review it to check if we can accept your order, and, if so, will produce the will documentation for you. Our acceptance of your order will take place when we process your order and you make your payment for the Will Writing Service, at which point a contract will come into existence between you and us.
17.5. If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you.
17.6. How we will provide the documents. If we can accept your order, we will make the will documentation available to you as digital content for download within 7 days from when you submit you order to us. You need to pay our fees for the Will Writing Service when you download the documentation. You can alter the editable fields in the will documentation such as the names of beneficiaries, executors or assets, but you are prohibited from changing or altering the main text on the will documentation.
17.7. Updates to the documents. For as long as you continue to subscribe to our Will Writing Service and pay the relevant fees, we will store your will documentation on our system, and you can use the functionality of our website to make unlimited number of changes and updates to that documentation. However, we are not responsible for reviewing your will documentation or sending you any updates or reminders in that respect. You remain responsible for ensuring that your will documentation remains appropriate in light of any changes in your personal circumstances, or the circumstances of anyone named in the will documentation, or in view of any changes in the law (including tax laws) and we assume no duty to you in this regard.
17.8. What we do not do. When you use the Will Writing Service, you should note that:
- (a) we do not verify whether the information you provide to populate the will documentation is correct, complete, legally accurate or suitable and/or sufficiently detailed for your particular circumstances;
- (b) our Will Writing Service does not include execution of the will documentation; it is your responsibility to print it off and arrange for its execution in accordance with the laws of England and Wales; and
- (c) we accept no responsibility for, and shall have no liability for verifying:
- (d) your identity;
- (e) your testamentary capacity;
- (f) your mental capacity;
- (g) whether you knew, understood the contents of the will documentation or its legal effect;
- (h) whether you have correctly executed your will; or
- (i) whether there are any beneficiaries who might have a claim against your estate.
17.9. We do not provide legal advice. You acknowledge that:
- (a) our Will Writing Service is dependent on the information you supply to us to populate the will documentation, and does not claim to be comprehensive or a substitute for legal advice or other advice;
- (b) it is not possible to provide comprehensive advice, whether legal or otherwise, on the matters that may apply in your particular circumstances; accordingly, matters which you consider to be important, or which may otherwise be considered important, to your particular circumstances may not have been addressed in the will document, or may not have been addressed in sufficient detail for your purposes; and
- (c) we are not a law firm, nor are we regulated by the Solicitors Regulation Authority; consequently, the Will Writing Service does not create or constitute a client-lawyer relationship between us and it cannot in any way act as a substitute for obtaining your own legal advice and other professional advice.
17.10. Limits to our liability to you in respect of the Will Writing Service.
THIS CLAUSE CONTAINS IMPORTANT INFORMATION ABOUT THE LIMITS OF OUR WILL WRITING SERVICE AND OUR RESPONSIBILITY TO YOU. PLEASE READ IT CAREFULLY.
Subject to Section 25.1, we do not accept any liability for:
- (a) any loss resulting from lack or invalidity of execution of the will documentation, or your failure to follow our guidance in that respect;
- (b) any loss which you may suffer if your will is invalid, whether as a result of lack of testamentary capacity, or knowledge, understanding or approval of the contents of your will documentation or its legal effect, or undue influence you may suffer when entering the will, or third party fraud;
- (c) any loss arising as a result of your failure to provide accurate, complete and up-to-date information when using our Will Writing Service, or as a result of your failure to update your will when such information changes;
- (d) any loss arising as a result of any change in the applicable laws, or your personal circumstances, or the circumstances of any persons named in the will;
- (e) any loss arising as a result of tax incurred or imposed on your estate by the competent authorities;
- (f) any loss arising as a result of your failure to seek legal advice in respect of your will; or
- (g) any loss you, your estate, or your beneficiary may suffer as a result of a claim of your potential or actual beneficiary (whether or not named in your will).
17.11. Your confirmation.
THIS CLAUSE CONTAINS IMPORTANT STATEMENTS TO WHICH YOU AGREE BY USING OUR WILL WRITING SERVICE. PLEASE READ IT CAREFULLY.
By downloading and/or accessing and/or reviewing and/or using any our Will Writing Service you confirm that:
- (a) you have fully considered the provisions of these terms and conditions, have obtained such legal advice as you consider appropriate and consider such provisions to be reasonable;
- (b) you have read and understood these terms and conditions and you understand that they may affect your rights or responsibilities and you agree to be bound by these terms and conditions;
- (c) any will documentation you order and purchase will not be resold and will be used by you as principal and not as an agent for another party; and
- (d) the details you provide to us when using the Will Writing Service will be accurate and complete and are not false, misleading or a misrepresentation of your identity.
18. Third party services
18.1. When does this Section apply. This Section 18 applies if and only if you offer to contract with us, or contract with us in respect of the third party services further described in this Section 18.
18.2. Third party services. Our website may from time to time feature information about services provided by other third parties (such as solicitors and funeral providers) (Third Party Providers). We may also offer other tools or services to allow you to communicate with those Third Party Providers but any such transactions will not be concluded on our website.
18.3. We are not a party to your contracts with Third Party Providers. Our website only provides information about the services of Third Party Providers and may provide tools and services to allow you to communicate with them. We are not, and do not become, a party to any contractual relationship between you and the Third Party Provider and do not mediate between you and the Third Party Provider in the event of any dispute arising. You acknowledge and agree that you and the Third Party Provider will be responsible for performing the obligations of any such agreements, and that we are not a party to such agreements, are not acting as an agent on behalf of the Third Party Provider and disclaim all liability arising from or related to any such agreements.
19. Our fees
19.1. Our fees are set out on our website. The fees in respect of our website services (inclusive of VAT) will be as set out on the website from time to time.
19.2. You must pay our fees as directed on our website. You must pay to us the fees in respect of our website services in advance, in cleared funds, in accordance with any instructions on our website.
19.3. We may vary our fees. We may vary fees from time to time by posting new fees on our website, but this will not affect fees for services that have been previously paid.
19.4. What to do if you disagree with our fees. If you dispute any payment made to us, you must contact us immediately and provide full details of your claim.
19.5. If you make an unjustified charge-back. If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:
- (a) an amount equal to the amount of the charge-back;
- (b) all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);
- (c) an administration fee of GBP 25.00 including VAT; and
- (d) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 19.5 (including without limitation legal fees and debt collection fees),
- (e) and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 19.5.
19.6. If you owe us any money, we can suspend or withdraw our services. If you owe us any amount under or relating to these terms and conditions, we may suspend or withdraw the provision of services to you.
19.7. We may set off any amount that you owe to us. We may at any time set off any amount that you owe to us against any amount that we owe to you, by sending you written notice of the set-off.
20. Distance contracts: cancellation right
20.1. The cancellation right does not apply to our Will Writing Service. The statutory consumer right to withdraw an offer or cancel a contract within the first 14 days does not apply to our Will Writing Service, due to the personalised nature of that service and the bespoke nature of the will documentation.
20.2. When does the cooling-off period cancellation right apply. Subject to Section 20.1 above, this Section 20 applies if, and only if, you offer to contract with us, or contract with us, as a consumer - that is, as an individual acting wholly or mainly outside your trade, business, craft or profession.
20.3. The cooling-off period. You may withdraw an offer to enter into a contract with us through our website, or cancel a contract entered into with us through our website, at any time within the period:
- (a) beginning upon the submission of your offer; and
- (b) ending at the end of 14 days after the day on which the contract is entered into,
- (c) subject to Section 20.4.
20.4. We may start providing the services earlier. You agree that we may begin the provision of services before the expiry of the period referred to in Section 20.3, and you acknowledge that, if we do begin the provision of services before the end of that period, then:
- (a) if the services are fully performed, you will lose the right to cancel referred to in Section 20.3;
- (b) if the services are partially performed at the time of cancellation, you must pay to us an amount proportional to the services supplied or we may deduct such amount from any refund due to you in accordance with this Section 20.
20.5. How to withdraw an offer or cancel a contract. In order to withdraw an offer to contract or cancel a contract on the basis described in this Section 20, you must inform us of your decision to withdraw or cancel (as the case may be). If you wish, you may inform us using the cancellation form below, or by means of any other clear statement setting out the decision using our contact details set out in Section 2.4.
Model Cancellation Form
(Complete and return this form only if you wish to withdraw from the contract) To Guardian Angel Network Limited, Ye Olde Hundred, 69 Church Way, North Shields, NE29 0AE
I hereby give notice that I cancel my contract for the supply of the following service
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate
20.6. Your cancellation must be sent before the deadline expires. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired.
20.7. We will refund your payment less any amount for services already provided. If you withdraw an offer to contract, or cancel a contract, on the basis described in this Section 20, you will receive a full refund of any amount you paid to us in respect of the offer or contract, except as specified in Section 20.4.
20.8. How we will make the refund. We will refund money using the same method used to make the payment, unless you have expressly agreed otherwise. In any case, you will not incur any fees as a result of the refund.
20.9. When we will make the refund. We will process the refund due to you as a result of a cancellation on the basis described in this Section 20 without undue delay and, in any case, within the period of 14 days after the day on which we are informed of the cancellation.
21. If there is a problem with our products
22. How to tell us about problems.If you have any questions or complaints about our website, services or content of our website, please let us know by using one of the contact methods set out in Section 2.4.
23. Summary of your legal rights.We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to our products. Nothing in these terms will affect your legal rights.
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If your product is digital content, for example a downloadable file, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
a) If your digital content is faulty, you're entitled to a repair or a replacement.
b) If the fault can't be fixed, or if it hasn't been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back.
c) If you can show the fault has damaged your device and we haven't used reasonable care and skill, you may be entitled to a repair or compensation.
If your product is services, for example a bereavement support service, the Consumer Rights Act 2015 says:
a) You can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.
b) If you haven't agreed a price beforehand, what you're asked to pay must be reasonable.
c) If you haven't agreed a time beforehand, it must be carried out within a reasonable time.
24. Our website: accuracy and availability
24.1. We do not promise that all information on our website will be accurate or our website will remain available. We do not warrant or represent:
- (a) the completeness or accuracy of the information published on our website;
- (b) that the material on the website is up to date; or
- (c) that the website or any service on the website will remain available.
24.2. We may end or change our services. We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
24.3. We do not provide legal advice. We information available on our website does not constitute legal advice and we do not guarantee that it is correct, complete, up to date or suitable to your needs.
25. Limitations and exclusions of our liability to you
25.1. We do not limit or exclude anything, which cannot be lawfully limited or excluded. Nothing in these terms and conditions will:
- (a) limit or exclude any liability for death or personal injury resulting from negligence;
- (b) limit or exclude any liability for fraud or fraudulent misrepresentation;
- (c) limit any liabilities in any way that is not permitted under applicable law; or
- (d) exclude any liabilities that may not be excluded under applicable law,
- (e) and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.
25.2. The limitations and exclusions of liability set out in this Section 25 and elsewhere in these terms and conditions:
- (a) are subject to Section 25.1; and
- (b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
25.3. We are not responsible for your losses if our services are provided free of charge. To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
25.4. We are not responsible for services provided to you by third parties. We accept no liability in relation to any contract you enter into with a third party provider pursuant to Section 18, nor do we accept liability for the acts or omissions of any third party providers or other persons or parties connected with them. For all such services set out in Section 18, your contract will be with the relevant third party provider and their terms and conditions will apply to the services they provide. These terms and conditions may limit and/or exclude their liability to you, and you should read them carefully before entering into a contract for services with them.
25.5. Event beyond our reasonable control. We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
25.6. Business losses. We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
25.7. Corruption of data or software. We will not be liable to you in respect of any loss or corruption of any data, database or software, providing that if you contract with us under these terms and conditions as a consumer, this Section 25.7 shall not apply.
25.8. Special losses. We will not be liable to you in respect of any special, indirect or consequential loss or damage, providing that if you contract with us under these terms and conditions as a consumer, this Section 25.8 shall not apply.
25.9. Our officer and employees. You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
25.10. Limit of our liability. Our aggregate liability to you in respect of any contract to provide services to you under these terms and conditions shall not exceed the greater of:
- (a) one thousand pounds (£1,000); and
- (b) the total amount paid and payable to us under the contract.
26. If you breach these terms and conditions
26.1. Actions we can take if you breach these terms and conditions. Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
- (a) send you one or more formal warnings;
- (b) temporarily suspend your access to our website;
- (c) permanently prohibit you from accessing our website;
- (d) block computers using your IP address from accessing our website;
- (e) contact any or all of your internet service providers and request that they block your access to our website;
- (f) commence legal action against you, whether for breach of contract or otherwise; and/or
- (g) suspend or delete your account on our website.
26.2. You must not circumvent our measures. Where we suspend, prohibit, or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
26.3. You must compensate us if you break these terms and conditions. If we suffer a loss as a result of your breaking these terms and conditions, you must compensate us for the net costs of our losses.
27. Third party websites
27.1. We do not recommend third party websites unless we expressly say so on our website.Our website includes hyperlinks to other websites owned and operated by third parties. Unless otherwise expressly stated on our website, such hyperlinks are not recommendations.
27.2. We are not responsible for third party websites. We have no control over third party websites and their contents, and, subject to Section 25.1, we accept no responsibility for them or for any loss or damage that may arise from your use of them.
28. Changes to these terms and conditions
28.1. We may amend these terms. We may revise these terms and conditions from time to time.
28.2. The revised terms will come into effect as notified. We will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our website from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our website.
28.3. If you have a contract with us, we will ask you to agree to the revised terms. If you are a consumer and you have purchased any of our website services and there subsists a contract under these terms and conditions in respect of those website services, we will ask for your express agreement to any revision of that contract. We will give you at least 30 days' prior written notice of any revision. If you do not give your express agreement to the revised terms and conditions within that period, the contract between us will automatically terminate, and you will be entitled to a refund of any amounts paid to us in respect of website services that were to be provided by us to you after the date of such termination.
29. Transferring this agreement to someone else
29.1. We may transfer our rights to someone else. We may transfer our rights and obligations under these terms and conditions to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
29.2. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms and conditions to another person if we agree to this in writing.
30. Even if we delay in enforcing this contract, we can still enforce it later
30.1. If we do not insist immediately that you do anything you are required to do under these terms and conditions, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
31. If a court finds part of this contract illegal, the rest will continue in force
31.1. If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
31.2. If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
32. Nobody else has any rights under this contract
32.1. A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
32.2. The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
33. Law and jurisdiction
33.1. These terms and conditions are governed by and construed in accordance with English law. Subject to Section 33.2, any disputes relating to a contract under these terms and conditions will be subject to the exclusive jurisdiction of the courts of England.
33.2. If you use our website as a consumer (that is an individual acting wholly or mainly outside your trade, business, craft or profession), this Section 33 will not have the effect of depriving you of the protection afforded to you by mandatory provisions of the applicable laws regulating the choice of the governing law and/or jurisdiction in consumer contracts. For example, if you live in Scotland, you can bring legal proceedings in respect of a contract under these terms and conditions either in the Scottish or the English courts, and if you live in Northern Ireland, you can bring legal proceedings in respect of a contract under these terms and conditions in either the Northern Irish or the English courts.