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Definitions and Interpretation
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In this Agreement the following terms shall have the following meanings:
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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 Web Site;
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“GO 4 HIPS LTD” |
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 Web Site;
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“Service” |
means collectively any online facilities, tools, services or information that GO
4 HIPS LTD makes available through the Web Site either now or in the future;
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“System” |
means any online communications infrastructure that GO 4 HIPS LTD makes
available through the Web Site either now or in the future. This includes, but
is not limited to, web-based email, message boards, live chat facilities and
email links;
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“User” / “Users” |
means any third party that accesses the Web Site and is not employed by GO 4
HIPS LTD and acting in the course of their employment; and
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“Web Site” |
means the website that you are currently using (www.go4hips.co.uk) and any
sub-domains of this site (e.g. subdomain.www.go4hips.co.uk/orderonline) unless
expressly excluded by their own terms and conditions. |
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2
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Intellectual Property |
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2.1 |
All Content included on the Web Site, 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
GO 4 HIPS LTD, our affiliates or other relevant third parties. By continuing to
use the Web Site you acknowledge that such material is protected by applicable
United Kingdom and International intellectual property and other relevant laws. |
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2.2 |
Subject to sub-clause 2.3 you may not reproduce, copy, distribute, store or in
any other fashion re-use material from the Web Site unless otherwise indicated
on the Web Site or unless given express written permission to do so by GO 4 HIPS
LTD. |
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2.3 |
Material from the Web Site may be re-used without written permission where any
of the exceptions detailed in Chapter III of the Copyright Designs and Patents
Act 1988 apply. |
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3
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Links to Other Web Sites
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This Web Site may contain links to other sites. Unless expressly stated, these
sites are not under the control of GO 4 HIPS LTD or that of our affiliates. We
assume no responsibility for the content of such web sites and disclaim
liability for any and all forms of loss or damage arising out of the use of
them. The inclusion of a link to another site on this Web Site does not imply
any endorsement of the sites themselves or of those in control of them. |
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4
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Links to this Web Site |
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Those wishing to place a link to this Web Site on other sites may do so only to
the home page of the site www.go4hips.co.uk without prior permission. Deep
linking (i.e. links to specific pages within the site) requires the express
permission of GO 4 HIPS LTD. To find out more please contact us by email at
info@go4hips.co.uk or by post GO 4 HIPS LTD, Acorn House, 74-94 Cherry Orchard
Road, Croydon, Surrey. CR9 6DA. |
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5
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Privacy |
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Use of the Web Site is also governed by our Privacy Policy which is incorporated
into these terms and conditions by this reference. Click on Privacy Policy from
Links menu to view the Privacy Policy. |
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6
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Disclaimers
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6.1 |
GO 4 HIPS LTD makes no warranty or representation that the Web Site will meet
your requirements, that it will be of satisfactory quality, that it will be fit
for a particular purpose, that it will not infringe the rights of third parties,
that it will be compatible with all systems, that it will be secure and that all
information provided will be accurate. We make no guarantee of any specific
results from the use of our Service. |
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6.2 |
No part of this Web Site is intended to constitute advice and the Content of
this Web Site should not be relied upon when making any decisions or taking any
action of any kind. |
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7
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Availability of the Web Site
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The Service is provided “as is” and on an “as available” basis. We give no
warranty that the Service will be free of defects and / or faults. To the
maximum extent permitted by the law we provide no warranties (express or
implied) of fitness for a particular purpose, accuracy of information,
compatibility and satisfactory quality.
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GO 4 HIPS LTD accepts no liability for any disruption or non-availability of the
Web Site resulting from external causes including, but not limited to, ISP
equipment failure, host equipment failure, communications network failure, power
failure, natural events, acts of war or legal restrictions and censorship. |
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8
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Limitation of Liability
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8.1 |
To the maximum extent permitted by law, GO 4 HIPS LTD accepts no liability for
any direct or indirect loss or damage, foreseeable or otherwise, including any
indirect, consequential, special or exemplary damages arising from the use of
the Web Site or any information contained therein. Users should be aware that
they use the Web Site and its Content at their own risk. |
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8.2 |
Nothing in these terms and conditions excludes or restricts GO 4 HIPS LTD’s
liability for death or personal injury resulting from any negligence or fraud on
the part of GO 4 HIPS LTD.. |
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8.3 |
Every effort has been made to ensure that these terms and conditions adhere
strictly with the relevant provisions of the Unfair Contract Terms Act 1977.
However, 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. |
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9
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No Waiver
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In the event that any party to these Terms and Conditions fails to exercise any
right or remedy contained herein, this shall not be construed as a waiver of
that right or remedy. |
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10
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Previous Terms and Conditions |
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In the event of any conflict between these Terms and Conditions and any prior
versions thereof, the provisions of these Terms and Conditions shall prevail
unless it is expressly stated otherwise. |
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11
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Notices
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All notices / communications shall be given to us either by post to our Premises
(see address above) or by email to info@go4hips.co.uk. Such notice will be
deemed received 3 days after posting if sent by first class post, the day of
sending if the email is received in full on a business day and on the next
business day if the email is sent on a weekend or public holiday. |
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12
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Law and Jurisdiction
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These terms and conditions and the relationship between you and GO 4 HIPS LTD
shall be governed by and construed in accordance with the Law of England and
Wales and GO 4 HIPS LTD and you agree to submit to the exclusive jurisdiction of
the Courts of England and Wales. |
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13
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Rights of Cancellation
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13.1 |
As a consumer you have a cooling-off period in which you can withdraw from the
contract for any reason, subject to the provisions in 5.2 below. This
cooling-off period ends seven working days from the day after the contract was
concluded and you receive our Order Acceptance in accordance with clause 3.1
above. If you wish to cancel you order you must notify us within the prescribed
period by e-mail or letter by post. This provision does not apply to business to
business transactions. |
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13.2 |
If you are a consumer, the cooling-off period and the right to cancel will not
apply where; (a) any online facilities, tools, services or information (e.g.
Home Information Pack or Energy Performance Certificate); and (b) you have
already opened any emails or sealed envelope containing any online facilities,
tools, services or information (e.g. Home Information Pack or Energy Performance
Certificate) or; (c) we begin the preparation of any online facilities, tools,
services or information (e.g. Home Information Pack or Energy Performance
Certificate), by agreement with you, before the cooling off period ends. |
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13.3 |
Subject to clause 5.6, contracts cancelled by you within the seven day
cooling-off period will be refunded in full, excluding any costs of posting any
online facilities, tools, services or information (e.g. Home Information Pack or
Energy Performance Certificate). However, you will be responsible for the cost
of returning any online facilities, tools, services or information. |
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13.4 |
We will usually refund any money received from you using the same method
originally used by you to pay for your purchase. We will usually process the
refund due to you as soon as possible and, in any case, within 30 days of the
day we received your cancellation. |
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13.5 |
Any cancellations or refunds for any online facilities, tools, services or
information (e.g. Home Information Pack or Energy Performance Certificate) other
than in accordance with the cooling-off period referred to above will be at our
sole discretion. |
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13.6 |
If you cancel the contract you will remain liable for the cost of any third
party reports already ordered or obtained by us on your behalf in accordance
with the provisions of clause 7. |
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13.7 |
This clause 13 does not affect your statutory rights. |
