Terms and
Conditions
The following terminology applies to these Terms and Conditions, Privacy
Statement and Disclaimer Notice and any or all Agreements:
["Client", “Customer”, “You” and “Your”]
refers to you, the person accessing the website and accepting the Company’s
terms and conditions. "The Company", “Ourselves”,
“We” and "Us", refers to our Company. “Party”,
“Parties”, or “Us”, refers to both the Client
and ourselves, or either the Client or ourselves where specified.
All terminology herein is relative to the offer and acceptance of goods/services and consideration of payment necessary constituting contractual obligation as defined by the Sale of Goods and Supply of Services Act (as amended) to assist the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products in accordance with and subject to prevailing English & Welsh Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Clients are deemed to have read, understood and agreed to abide by the following terms and conditions:
Privacy Statement
We are committed to protecting your privacy. Authorised employees within
the company on a need to know basis only use any information collected
from individual customers. We constantly review our systems and data
to ensure security and to provide the best possible service to our customers.
Parliament has created specific offences for unauthorised actions against
computer systems and data. We will investigate any such actions with
a view to prosecuting and/or taking civil proceedings to recover damages
against those responsible.
Confidentiality
Information concerning the Client and their respective Client Records
is stored securely and may be passed to third parties. However, Client
records are regarded as confidential and therefore will not be divulged
to any third party, if legally required to do so to the appropriate
authorities. Clients have the right to request sight of, and copies
of any and all Client Records we keep, on the proviso that we are given
reasonable notice of such a request. Clients are requested to retain
copies of any literature issued in relation to the provision of our
services. When relevant we shall issue Client’s with appropriate
written information, handouts or copies of records as part of an agreed
contract, for the benefit of both parties.
In accordance with the Privacy & Electronic Communications (EU Directive) Regulations 2003 (PECR) we will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail without your consent. Any emails sent by this Company will only be in accordance with your consent in connection with the provision of agreed services and products and clients will be notified on each and every subsequent occasion they have the option to unsubscribe from future emails at any time.
Disclaimer
Exclusions and Limitations
The information contained in Company literature and website is provided
on an "as is" basis. To the fullest extent permitted by law,
this Company:
- excludes all representations and warranties relating to the goods/services
and use of the website and its contents or which is or may be provided
by any affiliates or any other third party including in relation to
any inaccuracies or omissions in this website and/or the Company’s
literature; and
- excludes all liability for damages arising out of or in connection
with your use of goods/services and the website. This includes, without
limitation, direct loss, loss of business or profits (whether or not
the loss of such profits was foreseeable, arose in the normal course
of things or you have advised this Company of the possibility of such
potential loss), damage caused to your computer, computer software,
systems and programs and the data thereon or any other direct or indirect,
consequential and incidental damages.
This Company does not however exclude liability for death or personal
injury caused by its negligence. The above exclusions and limitations
apply only to the extent permitted by law. None of your statutory rights
as a consumer are affected.
Payment
Cash or Cheque with Bankers Card, all major Credit/Debit Cards, Bankers
Draft or BACS Transfer are all acceptable methods of payment. Our Terms
are payment in full within thirty days. All goods remain the property
of the Company until paid for in full. Monies that remains outstanding
by the due date will incur late payment interest at the statutory [can
contractually stipulate a reasonable alternative] rate of 8% above the
prevailing Bank of England's base preferential rate on the outstanding
balance until such time as the balance is paid in full and final settlement.
We reserve the right to seek recovery of any monies remaining unpaid
sixty days from the date of invoice via collection Agencies and/or through
the Small Claims Court in the event that the outstanding balance does
not exceed £3000. In such circumstances, we are entitled to claim
the prevailing statutory Late Payment charges and interest applicable
to incurred debt recovery costs.
Returned cheques will incur a £15 charge to cover banking fees and administrative costs. In an instance of a second Returned cheque, we reserve the right to terminate the arrangement and, if agreed to, we shall insist on future cash transactions only. Consequently, all bookings and/or transactions and agreements entered into will cease with immediate effect until such time as any and all outstanding monies are recovered in full.
Cancellation Policy
Minimum 24 hours notice of cancellation required. Notification for instance,
in person, via email, mobile phone ‘text message’ and/or
fax, or any other means will be accepted subject to confirmation in
writing. We reserve the right to levy a £50 charge to cover any
subsequent administrative expenses.
Termination of Agreements and Refunds Policy
[Example shown is for services] Both the Client and ourselves have the
right to terminate the [Services/Goods] Agreement for any reason, including
the ending of services that are already underway. No refunds shall be
offered, where a Service is deemed to have begun and is, for all intents
and purposes, underway. Any monies that have been paid to us which constitute
payment in respect of the provision of unused Services, shall be refunded.
Availability
Unless otherwise stated, the [goods/services] supplied and featured
on the website are only available within the United Kingdom, or in relation
to postings from the United Kingdom. All advertising is intended solely
for the United Kingdom market. You are solely responsible for evaluating
the fitness for a particular purpose of any downloads, programs and
text available through the website. Redistribution or republication
of any part of the website or its content is prohibited, including such
by framing or other similar or any other means, without the express
written consent of the Company. The Company does not warrant that the
service from the website will be uninterrupted, timely or error free,
although it is provided to the best ability. By using this service you
thereby indemnify this Company, its employees, agents and affiliates
against any loss or damage, in whatever manner, howsoever caused.
Variation of Terms
We have the right to vary these terms from time to time, providing reasonable
notice is given.
Logs
We use IP addresses to analyse trends, administer the site, track user’s
movement, and gather broad demographic information for aggregate use.
IP addresses are not linked to personally identifiable information.
Additionally, for systems administration, detecting usage patterns and
troubleshooting purposes, our web servers automatically log standard
access information including browser type, access times/open mail, URL
requested, and referral URL. This information is not shared with third
parties and is used only within this Company on a need-to-know basis.
Any individually identifiable information related to this data will
never be used in any way different to that stated above without your
explicit permission.
Cookies
Like most interactive web sites this Company’s website [or ISP]
uses cookies to enable us to retrieve user details for each visit and
track browsing. Cookies are used in some areas of our site to enable
the functionality of this area and ease of use for those people visiting.
Some of our affiliate partners may also use cookies.
Links to/from the website
You may not create a link to any page of the website without our prior
written consent. If you do create a link to a page on the website you
do so at your own risk and the exclusions and limitations set out above
will apply to your use by linking to it. We do not monitor or review
the content of other party’s websites which are linked to from
our website. Opinions expressed, or material appearing on such websites,
are not necessarily shared or endorsed by us and we should not be regarded
as the publisher of such opinions or material. Please be aware that
we are not responsible for the privacy practices or content of these
sites. We encourage our users to be aware when they leave our site &
to read the privacy statements of these sites. You should evaluate the
security and trustworthiness of any other site connected to this site
or accessed through the website yourself before disclosing any personal
information to them. This Company will not accept any responsibility
for any loss or damage in whatever manner, howsoever caused, resulting
from your disclosure to third parties of personal information.
Copyright Notice
Copyright and other relevant intellectual property rights exists on
all text relating to the Company’s goods/services and the full
content of the website.
This Company’s logo is a registered trademark of this Company in the United Kingdom and other countries. The brand names and specific services of this Company featured in literature and on the web site are trade marked.
Communication
We have several different e-mail addresses for different queries. These,
& other contact information, can be found on our Contact Us link
on our website or via Company literature or via the Company’s
stated telephone, facsimile or mobile telephone numbers.
This company is registered in England and Wales, Number 2793924, registered office 107, Hindes Rd, Harrow, Middlesex HA1 1RU.
Force Majeure
Neither party shall be liable to the other for any failure to perform
any obligation under any Agreement which is due to an event beyond the
control of such party including but not limited to any Act of God, terrorism,
war, Political insurgence, insurrection, riot, civil unrest, act of
civil or military authority, uprising, earthquake, flood or any other
natural or man made eventuality outside of our control, which causes
the termination of an agreement or contract entered into, nor which
could have been reasonably foreseen. Any Party affected by such event
shall forthwith inform the other Party of the same and shall use all
reasonable endeavours to comply with the terms and conditions of any
Agreement contained herein.
Waiver
Failure of either Party to insist upon strict performance of any provision
of this or any Agreement or the failure of either Party to exercise
any right or remedy to which it, he or they are entitled hereunder shall
not constitute a waiver thereof and shall not cause a diminution of
the obligations under this or any Agreement. No waiver of any of the
provisions of this or any Agreement shall be effective unless it is
expressly stated to be such and signed by both Parties.
General
The laws of England and Wales govern these terms and conditions. By
accessing the website you consent to these terms and conditions and
to the exclusive jurisdiction of the English & Welsh courts in all
disputes arising out of such access. If any of these terms are deemed
invalid or unenforceable for any reason (including, but not limited
to the exclusions and limitations set out above), then the invalid or
unenforceable provision will be severed from these terms and the remaining
terms will continue to apply. Failure of the Company to enforce any
of the provisions set out in these Terms and Conditions and any Agreement,
or failure to exercise any option to terminate, shall not be construed
as waiver of such provisions and shall not affect the validity of these
Terms and Conditions or of any Agreement or any part thereof, or the
right thereafter to enforce each and every provision. These Terms and
Conditions shall not be amended, modified, varied or supplemented except
in writing and signed by duly authorised representatives of the Company.
Notification of Changes
The Company reserves the right to change these conditions from time
to time as it sees fit and your continued use of our goods/services
and the website will signify your acceptance of any adjustment to these
terms. If there are any changes to our privacy policy, we will announce
that these changes have been made on our home page and on other key
pages on our site. If there are any changes in how we use our site customers’
Personally Identifiable Information, notification by e-mail or postal
mail will be made to those affected by this change. Any changes to our
privacy policy will be posted on our web site 30 days prior to these
changes taking place. You are therefore advised to re-read this statement
on a regular basis.
These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.
© LPHCA 2006 All Rights Reserved