Terms and Conditions
This agreement applies as between you, the User of this Website and www.pelhamgreen.com, the Company and owner(s) of this Website. By using our Website, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to be bound by these terms and conditions, you must not use our Website.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
“The term (Company) or (we) or (us) or (our)”
means www.pelhamgreen.com a Website operated by Pelham Green Limited. Company registered in England and Wales with its registered office address at 3rd Floor, 207 Regent Street, London, W1B 3HH, United Kingdom – registered company number 13030549;
“User” / “Users”
means any third party that accesses the Website and is not employed by us and not acting in the course of our employment;
“Service”
means collectively any online services, facilities, tools, or information that we make available through the Website either now or in the future;
“Content”
means any images, text, graphics, icons, logos, video, audio, 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;
“Website”
means the website that you are currently using (www.pelhamgreen.com) and any sub-domains of this Website (e.g. subdomain.pelhamgreen.com) unless expressly excluded by their own terms and conditions.
“System”
means any online communications infrastructure that we make available through the Website either now or in the future. This includes, but is not limited to, message boards, web-based email, live chat facilities and email links;
“Premises”
means our place(s) of business located at 3rd Floor, 207 Regent Street, London, W1B 3HH, United Kingdom;
2. Privacy
Use of the Website is also governed by our Privacy Policy which is incorporated into these terms and conditions by this reference.
3. Links from our Website to other Websites
Our Website may from time to time contain links to various Websites and other resources provided by third parties. These links are provided for your information only. We have no control over the contents of those Websites or resources and accept no responsibility for them or for any loss or damage that may be suffered in connection with your use of them. The inclusion of a link to another Website on this Website does not imply any endorsement of the Websites themselves or of those in control of them.
4. Intellectual Property
1.1 We are the owner or the licensee of all intellectual property rights in our Website, and in the material published on it. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws. All such rights are reserved.
1.2 Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, images, text, graphics, icons, logos, video, audio, data compilations, page layout, underlying code and software is the property of www.pelhamgreen.com, our affiliates or other relevant third parties.
1.3 Subject to Clause 6 you may not copy, distribute, reproduce, store or in any other way re-use material from the Website unless given express written permission to do so by us or unless otherwise indicated on the Website.
5. Third Party Intellectual Property
1.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Trademarks and Copyright, in descriptions and product images belong to the distributors or manufacturers of such products as may be applicable.
1.2 Subject to Clause 6 you may not copy, distribute, reproduce, store or in any other way re-use such material unless given express written permission to do so by the relevant supplier, manufacturer, or website designer or unless otherwise indicated on the Website.
6. Fair Use of Intellectual Property
Material from the Website 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.
7. Disclaimers and Limitation of Liability
1.1 The content on our Website is provided for general information only. Commentary and other materials posted on our Website are not intended to amount to advice on which reliance should be placed when making any decisions or taking actions of any kind. We therefore disclaim all liability and responsibility arising from any reliance placed by Users of the Website or anyone who may be informed of any of its contents.
1.2 Whilst every effort has been made to ensure that all graphical representations of descriptions of services and / or products available from our website correspond to the actual products and / or services, we are not responsible for any variations from these descriptions.
1.3 No part of this Website is intended to constitute a contractual offer capable of acceptance. No services and / or goods are sold through this Website and product and / or service details are provided for information purposes only.
1.4 We will not be liable to a User for any damage or loss, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: use of, or inability to use, our Website; or use of or reliance on any content displayed on our Website. In particular, we will not be liable for: loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage.
1.5 We do not represent or warrant that such services and / or products will be available from us or our Premises. For this reason, if you wish to enquire as to the availability of any products and / or services, please contact us prior to visiting. Any such enquiry does not give rise to any express or implied warranty that the services and / or products forming the subject matter of your enquiry will be available upon your arrival at our Premises.
1.6 We make no representation or warranty that the Website will meet the requirements of the User, that it will be fit for a particular purpose, that it will be of satisfactory quality, that it will be compatible with all systems, that it will be secure, that it will not infringe the rights of third parties, and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
1.7 Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date.
8. Website Availability
1.1 We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted or free of faults and / or defects. 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.
1.2 We accept no liability for any non-availability or disruption of the Website resulting from external causes including, but not limited to, host equipment failure, ISP equipment failure, power failure, communications network failure, natural events, acts of war or legal restrictions and censorship.
1.3 We reserve the right to withdraw, suspend or restrict the availability of all or any part of our Website including, but not limited to, the products and / or services available. These Terms and Conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
9. Security
1.1 Whilst every effort is made to ensure that the Website is secure and free of viruses, bugs, malware and errors, Users are advised to take responsibility for their own security, computers and personal details. Users are responsible for configuring their own information technology, computer programs and platform to access our Website. Users should use their own virus protection software.
1.2 Users must not misuse our Website by knowingly introducing trojans, viruses, worms, malware or other material that is technologically harmful or malicious. Users must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any computer, server, or database connected to our Website. Users must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, a User would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
10. Limitation of Liability
1.1 To the maximum extent permitted by law, we accept 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 Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.
1.2 Nothing in these terms and conditions excludes or restricts our liability for death or personal injury resulting from any negligence or fraud on our part.
1.3 Whilst 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, 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.
11. Previous Terms and Conditions
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.
12. Communications
1.1 All communications / notices shall be given to us either by email or by post to our Premises. 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.
1.2 We may from time to time send you information about our products and/or services. If you do not wish to receive such information, please follow the procedure to unsubscribe, contained within such emails.
13. Third Party Rights
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you, the User and us.
14. No Waiver
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.
15. Jurisdiction and applicable law
These terms and conditions and the relationship between you and us shall be governed by and construed in accordance with the Law of England and Wales and we and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
Your concerns
If you have any concerns about material which appears on our Website, please contact us at info@pelhamgreen.com