​EMMA GIBSON PHOTOGRAPHY TERMS AND CONDITIONS

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1. OVERVIEW

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1.1    The terms and conditions set out in this Schedule are the “Terms and Conditions” referred to in the key terms to which this Schedule is appended (the “Key Terms”). Any term capitalised in these Terms and Conditions will have the meaning given to that term in the Key Terms unless specifically defined in these Terms and Conditions.

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1.2    If there is any inconsistency between the provisions of the Key Terms and these Terms and Conditions, the provisions of the Key Terms will prevail.

 

2. THE PHOTO SHOOT

We will use all reasonable endeavours to hold the Photo Shoot on the Photo Shoot Date, at the Photo Shoot Location, subject to our cancellation, rescheduling and refund policy set out in section 8 below.

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Due to the nature of the subjects of the photographs we take during your Photo Shoot (“Photographs”), we cannot guarantee any particular outcomes or guarantee the fulfilment of any specific requests for the Photo Shoot. However, we will conduct the Photo Shoot using professional skill and care.

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In any event, we will endeavour to accommodate any reasonable requests from you regarding the artistic direction of the Photo Shoot, but the Photographer retains absolute discretion as to the nature of the Photographs.

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A parent or guardian must be present at all times if we are photographing children. You must not take any photographs during the Photo Shoot without first obtaining permission from the Photographer.

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If you are delayed or running more than 15 minutes late, please let the Photographer know immediately.  In an instance that the Photographer has other appointments, the Photo Shoot may need to be cut short which may effect the outcome of the Shoot. No refund will be offered for delays resulting from the Client.  

 

3. HOW TO ORDER PACKAGES AND ARTWORK PRODUCTS

Following your Photo Shoot, we will prepare and make available a selection of proofs of the Photographs from your Photo Shoot (“Your Proofs Gallery”).  At our option, we may present Your Proofs Gallery to you either in person (refer to sections 3.5 and 3.6) or an online gallery (refer to sections 3.7 to 3.9).  In either case, we aim to have Your Proofs Gallery ready within 14 days of the Photo Shoot Date, but during busy periods this time frame may be extended.

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The number of Photographs in Your Proofs Gallery will vary from session to session.  We will take into consideration your specific requests as regards the contents of Your Proofs Gallery, but we retain absolute discretion regarding:

which Photographs we include in Your Proofs Gallery (it is acknowledged that not all Photographs taken during the Photo Shoot will be included); and the application of any digital editing to any Photographs.

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Requests you make for specific corrections to images, or re-editing of images, may attract additional costs. We also accommodate specialist or bespoke requests for retouching of Photographs at additional cost.  We may need to refer certain retouching services to our third party partners.  We will advise you of the costs upon request.  Please note that we do not provide raw images.

If we offer an online gallery option, you may be invited to order from Your Proof Gallery through an online gallery after your presentation.

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Viewing Your Proofs From an Online Gallery

Your Proofs Gallery will be presented as an online gallery comprising low resolution web-sized watermarked files. We will advise you by email when Your Proofs Gallery is ready for you to view. Your Proofs Gallery will be available for 7 days from the date of the email. Unless otherwise agreed by the Photographer, you must make your selection of Photographs, Package and Artwork Products within this availability period.  We reserve the right (at our option) to charge a fee for extending the availability of Your Proofs Gallery, or to delete Your Proofs Gallery and all Photographs if you do not place an order and pay the part of the Package Fee due at the time of placing the order during that time.

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Your Proofs Gallery may be subject to password-protection. Only you may access Your Proofs Gallery. You are solely responsible for maintaining the confidentiality of any password we provide and you may not disclose your password to any other person.  You agree to accept responsibility for all activities that occur through use of your password by a third party.

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You acknowledge that: (i) your access to and use of Your Proofs Gallery may be suspended during any unanticipated or unscheduled downtime or unavailability of any portion or all of our website, including as a result of power outages, system failures or other interruptions; and (ii) we are entitled, without any liability to you, to suspend access to any portion or all of Your Proofs Gallery and/or our website at any time (a) for scheduled downtime to permit us to conduct maintenance or make modifications to Your Proofs Gallery or our website; (b) in the event of a denial of service attack or other attack on our website and/or our servers or other event that we determine, in our sole discretion, creates a risk to you or to any of our other users; or (c) if it is necessary or prudent to do so for legal or regulatory reasons (collectively, “Service Interruptions”).  Where practicable, we will endeavour to post updates on our website regarding any Service Interruption and resumption of service following any such suspension, but we are not liable for the manner in which we may do so or if we fail to do so and we shall have no liability whatsoever for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that you may incur as a result of any Service Interruption.

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4. ALL-INCLUSIVE PACKAGES: PHOTOGRAPHER SELECTION OF PHOTOGRAPHS 

If you have selected an “all-inclusive package” option where we select the Photographs, we will take into consideration your specific requests as regards the Photographs to be included in your Package, but we retain absolute discretion regarding:

which Photographs we include in the Package; and the application of any digital editing to any Photographs.

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Requests you make for specific corrections to images, or re-editing of images, may attract additional costs. We also accommodate specialist or bespoke requests for retouching of Photographs at additional cost.  We may need to refer certain retouching services to our third party partners.  We will advise you of the costs upon request.  Please note that we do not provide raw images.

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Prices:  Where the shoot date is no more than 12 months after the date of signing, all photographic services undertaken on that date are supplied at the prices ruling on the date of signing. The main reprint order, that is the remainder of the package booked, if placed within no more than six months of the contracted date is also supplied at the prices ruling on the date of signing. All additional reprint orders, including the main reprint order, if placed after six months of the contracted date, and small reprint orders placed at any time, are supplied at the prices ruling at that time. 

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5. ARTWORK PRODUCTS

If you order an Artwork Product, a proofed layout of the Artwork Product, together with any options available to you, will be submitted to you for approval before the Artwork Product is printed. You may request reasonable changes as part of the approval process, but some changes may be subject to additional charges.  We will advise you if additional charges apply.  We will not submit any Artwork Product for printing unless and until the proofed layout has been approved by you and you have confirmed your options (where available).  You will be liable for any costs associated with any changes requested after you have approved the proofed layout.

 

6. DELIVERY

We will let you know when you place your order when to expect to receive the Package and Artwork Products (as applicable).   Lead times from receipt of your order and payment typically start at two weeks for digital images (without retouching) and up to two months for some Artwork Products. Any delay in payment of fees payable to us will affect the delivery period. If your Package includes digital images, these will be delivered on media storage by post to the address specified in the Key Terms. Artwork Products will be delivered to the address specified in the Key Terms.  Risk in the Package and Artwork Products will pass to you upon delivery.

 

7. ARCHIVING

Your Photographs may be destroyed or archived at our discretion after the expiration of the applicable ordering period referred to in these Terms and Conditions.   Subject to receipt of an order for a Package or Artwork Products and payment of the Package Fee, we will archive your Photographs for a period of 12 months. We are happy to archive your Photographs beyond this period, subject to payment of the storage fee we specify.

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Any orders placed once your Photographs have been archived may incur a retrieval fee, in addition to the cost of the order.

At your request and subject to payment of any fees we may charge, we may agree to reinstate a Your Proofs Gallery that has been archived, or extend the viewing period for a Your Proofs Gallery that is still active.  We are unable to reinstate a Your Proofs Gallery that has been destroyed.

 

8. CANCELLATION, RESCHEDULING AND REFUND POLICY

 

Cancellation

Legal right of cooling off.  You have 14 days after the day we accept your booking to cancel the Photo Shoot; this is called the cooling off period. However, once we have completed the Photo Shoot you cannot change your mind, even if the cooling off period is still running. If the cooling off period is still running and you decide to cancel after we have started the Photo Shoot, you must pay us for the services provided up until the time you tell us that you have changed your mind.  We will refund you the Total Session Fee by the method you used for payment within 14 days, less the cost of any photography services already provided up to the time of cancellation (including any Supplemental Session Fees). We offer additional  cancellation rights that apply once the cooling off period has expired.  These are set out below.

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If you wish to cancel the Photo Shoot, please contact us using the phone or email details in the Key Terms.  Alternatively, you may complete and email to us the form attached to these Terms and Conditions.

We may cancel your Photo Shoot for any reason prior to the Photo Shoot Date.  We will then provide a full refund of the Total Session Fee, unless we agree a rescheduled Photo Shoot Date with you.

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We may terminate your Photo Shoot on the Photo Shoot Date if we consider there are extenuating circumstances, for example, inappropriate behaviour or a Model is ill. We are not required to reschedule the Photo Shoot or refund any of the Total Session Fee to you in these circumstances.

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The Session Fee is non refundable to the Client once the Photo Shoot has taken place.

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Defective Items and Returns

We are under a legal duty to supply Packages and Artwork Products that are in conformity with these Terms and Conditions.  You should check your delivered Package and Artwork Products and advise us in writing of any defects or errors as soon as possible. Nothing in these terms will affect your legal rights.

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Order Cancellation

Your Photographs and Artwork Products are personalised for you so you do not have any right to cancel your order and we are unable to refund or offer an exchange if you change your mind. This doesn’t affect your statutory rights.

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9. FEES AND PAYMENT

You must pay the Total Session Fees in accordance with the terms of payment specified in the Key Terms. If any payment is due prior to the date of the Photo Shoot, full payment must be received in order to confirm your booking. The Total Session Fees are only refundable in accordance with our Cancellation, Rescheduling and Refund Policy set out in section 8 above.

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The fee that you pay for your Artwork Products or Package will depend on which Package and Artwork Products you select. Prices for all of our Packages and Artwork Products are set out in our full Price List, which is available on request. Our prices are guaranteed for a period of 90 days from the Photo Shoot Date and after that our prices are subject to change on notice.

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You must pay the Package Fee applicable to the Package and Artwork Products you order in accordance with the terms of payment set out in the Key Terms.  No part of your order will be delivered unless and until we receive payment in full of all amounts due.

Unless otherwise stated, all fees that are quoted to you by us are inclusive of VAT, if applicable.

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10. GIFT VOUCHERS

Gift vouchers are valid for a year from purchase and the voucher cannot be used after the expiry date printed on it. They cannot be refunded or exchanged for cash and can only be exchanged for the service quoted on the voucher. 

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Gift vouchers are valid for shoots within a 10 mile radius of SW14 unless specified otherwise. A travel cost may be charged for shoots outside of this radius.

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Photo Shoots take place outdoors or in your own home unless specified otherwise.

Where specifically included, any wall art will be supplied fully finished and ready to hang.

 

11. LIABILITY

We maintain professional indemnity insurance and whilst we make every effort to ensure that your Photo Shoot is a safe and enjoyable experience and that you receive a Photographs and Artwork Products you will cherish, occasionally things go wrong.  This section outlines our liability to you in those circumstances.

 

Our aggregate liability to you due to, under and/or arising out of or in connection with these Terms and Conditions in contract, tort (including negligence), breach of statutory duty or otherwise, will not exceed the Total Session Fees and Package Fee actually paid by you to us in relation to the Photo Shoot and your order.  We will not be liable to you for:

your loss of profit, loss of anticipated savings, loss of revenue or earnings, or loss of business (in each case, whether direct or indirect); or

any indirect or consequential loss.

 

Nothing in these Terms and Conditions will in any way exclude or limit our liability to you for: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; and/or any other matter for which it would be illegal to exclude or attempt to exclude our liability.

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Unless the Photographer enters into these Terms and Conditions in his or her personal capacity or as a sole trader, the Photographer is not a party to these Terms and Conditions and has no liability to you in connection with the Photo Shoot or the Photographs pursuant to these Terms and Conditions.

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Except as set forth in this section 10, to the fullest extent permitted by law, we disclaim all warranties, implied or express.

 

12. INTELLECTUAL PROPERTY RIGHTS

We will be the first owner of any copyright in the Photographs, under section 11 of the Copyright, Designs and Patents Act 1988, as the author of the artistic works that are the Photographs. No right, title or interest in the Photographs or any copyright therein is granted to you, except as expressly set out in these Terms and Conditions.

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If you purchase Artwork Products, you will own the Artwork Product, that being the medium on which a Photograph is printed, once you have paid for it in full.  Copying, scanning or other reproduction of an Artwork Product is an infringement of our rights and is strictly prohibited.

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If you purchase a Package comprising digital images, you are entitled to create Artwork Products using the digital image for your own personal use and you will own the medium on which the digital image is printed.  In all cases, your ownership of the Artwork Product is subject to our ownership of the copyright and other intellectual property rights embodied in the Photographs.

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Without our prior consent, you undertake not to (a) use any Artwork Product or digital images that are provided to you for any commercial purpose, or (b) crop, resize, edit, manipulate or otherwise alter any Artwork Product or digital image provided to you. We may apply anti-copying measures to all Artwork Products that are provided to you in any Package and to any digital images that are displayed on our website or in Your Proofs Gallery. You agree not to try to circumvent any such measures.

 

13. PRIVACY

If agreed, we may use your Photographs to promote and advertise our business, including:

in our printed publications, presentations, promotional materials (including leaflets, brochures, stickers, bookmarks, posters, fact sheets, calendars); on our website and other digital advertising of our services; and in social media forums such as Instagram, Pinterest and Facebook.

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WEBSITE TERMS OF USE

 

1. INTRODUCTION

 

1.1 These Terms of Use apply to the entire contents of the Website and contain important information explaining your rights to access and use the Website.  The Website is operated by Emma Gibson Photography, 29 Coval Road, London, SW14 7RW (we, our or us).

 

1.2 Please read these Terms of Use carefully before using the Website.  You should pay particular attention to the "Disclaimer of liability" section as this excludes or limits our legal liability in connection with your use of the Website.  By accessing or using the Website and or placing an order through the Website, you agree to be legally bound by these terms and conditions.  If you do not wish to be bound by these terms and conditions then you may not use the Website.  If you breach any of these Terms of Use, your permission to use the Website automatically terminates and you must immediately destroy any downloaded or printed extracts from the Website.

 

2. CHANGES TO TERMS OF USE

 

2.1 We may make changes to these Terms of Use at any time without notice by updating these pages.  You agree to review this section of the Website periodically to determine whether the Terms of Use have been changed.  Your access to or use of the Website (or any part of it) at any time shall constitute your agreement to the latest published version of the Terms of Use.  If you do not agree to any change to the Terms of Use then you must immediately stop using the Website.

 

2.2 Certain provisions of these Terms of Use may be amended or superseded by legal notices or terms located on particular pages of the Website or on materials that are downloadable from the Website.

 

3. USING THE WEBSITE

 

3.1 This Website is a place for you to find out more about us. Unless otherwise specified all content and materials published on the Website are presented solely for your private, personal and non-commercial use.

 

3.2 The information and products shown on the Website are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation.  If accessing the Website or using of any material or content on the Website infringes any applicable law in your jurisdiction(s), you are not authorized to access or use the Website and you must exit immediately. 

 

3.3 We reserve the right to terminate your access to the Website at any time without notice.

 

4. MODIFICATIONS TO WEBSITE

 

We reserve the right to make changes or corrections, alter, suspend or discontinue any aspect of the Website or the content or services available through it, including your access to the Website, with or without notice to you.  Unless explicitly stated to the contrary, any new features including new content, will be subject to these Terms of Use.  You confirm that we will not be liable to you or any third party for any changes to or permanent or temporary withdrawal of the Website.

 

5. INFORMATION YOU PROVIDE TO US

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5.1 The following applies to any information you provide to us through the Website, which may include your name, address, telephone number and email address.

 

• We may use this information to respond to your enquiries.

• We may provide you with information about goods or services, events and other promotions we feel may interest you. We will contact you by email for these purposes only with your consent, if this was given at the time you provided us with the personal data.

• We may use this information as necessary for certain legitimate business interests, which include the following:

• to administer our Website, to better understand how visitors interact with our Website and ensure that our Website is presented in the most effective manner for you and for your computer/device.

• to conduct analytics to inform our marketing strategy and enable us to enhance and personalise the experience we offer to our members and our communications, including by creating customer or member profiles to enable personalised direct marketing communications.

• to provide postal communications which we think will be of interest to you.

• if you ask us to delete your data or to be removed from our marketing lists and we are required to fulfill your request, to keep basic data to identify you and prevent further unwanted processing.

• to (a) comply with legal obligations, (b) respond to requests from competent authorities; (d) protect our operations or those of any of our affiliated businesses; (e) protect our rights, safety or property, and/or that of our affiliated businesses, you or others; and (f) enforcing or defending legal rights, or preventing damage.

 

5.2 We share your personal data with selected third parties who act on our behalf to support our operations, such as IT suppliers and contractors (e.g. data hosting providers or delivery partners) as necessary to provide IT support and enable us to provide our goods/services, and web analytics providers. Pursuant to our instructions, these parties may access, process or store your personal data in the course of performing their duties to us and solely in order to perform the services we have hired them to provide.

 

5.3 We retain information submitted through the Website for 6 years following contact with you, as applicable. When you consent to receive marketing communications, we will keep your data until you unsubscribe. Upon expiry of the applicable retention period we will securely destroy your personal data in accordance with applicable laws and regulations.

 

5.4 Certain applicable data protection laws give you specific rights in relation to your personal data. In particular, if the processing of your personal data is subject to the GDPR, you have the following rights in relation to your personal data:

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(a) Right of access: If you ask us, we will confirm whether we are processing your personal data and, if so, provide you with a copy of that personal data along with certain other details such as the purpose of the data processing. If you require additional copies, we may need to charge a reasonable fee.

 

(b) Right to rectification: If your personal data is inaccurate or incomplete, you are entitled to ask that we correct or complete it. If we shared your personal data with others, we will tell them about the correction where possible. If you ask us, and where possible and lawful to do so, we will also tell you with whom we shared your personal data so you can contact them directly.

 

(c) Right to erasure: You may ask us to delete or remove your personal data, such as where our legal basis for the processing is your consent and you withdraw consent. If we shared your data with others, we will tell them about the erasure where possible. If you ask us, and where possible and lawful to do so, we will also tell you with whom we shared your personal data with so you can contact them directly. We may continue processing personal data where this is necessary for a legitimate interest in doing so.

 

(d) Right to restrict processing: You may ask us to restrict or ‘block’ the processing of your personal data in certain circumstances, such as where you contest the accuracy of the personal data or object to us processing it. We will tell you before we lift any restriction on processing. If we shared your personal data with others, we will tell them about the restriction where possible. If you ask us, and where possible and lawful to do so, we will also tell you with whom we shared your personal data so you can contact them directly.

 

(e) Right to data portability: You have the right to obtain your personal data from us that you consented to give us or that was provided to us as necessary in connection with our contract with you. We will provide you with your personal data in a structured, commonly used and machine-readable format. You may reuse it elsewhere.

 

(f) Right to object: You may ask us at any time to stop processing your personal data, and we will do so:

 

(i) If we are relying on a legitimate interest to process your personal data -- unless we demonstrate compelling legitimate grounds for the processing or

 

(ii) If we are processing your personal data for direct marketing.

 

(g) Right to withdraw consent: If we rely on your consent to process      your personal data, you have the right to withdraw that consent at any time. This will not affect the lawfulness of processing of your data before we received notice that you wished to withdraw your consent.

 

(h) Right to lodge a complaint with the data protection authority: If you have a concern about our privacy practices, including the way we handled your personal data, you can report it to the UK data protection authority (the Information Commissioner’s Office or ICO), or, as the case may be, any other competent data protection authority of an EU member state that is authorised to hear those concerns (you may find EU Data Protection Authorities’ contact information here).

 

5.5 If you wish to exercise any of these rights please contact us as described in section 5.6. below. We may also need to ask you for further information to verify your identity before we can respond to any request.

 

5.6 Questions, comments or requests regarding the above should be addressed to Emma Gibson:

Email: emma@emmagibsonphotography.co.uk

Tel: 07771502717

 

6. MISUSE OF WEBSITE

 

6.1 You may use the Website for lawful purposes only.  You must not misuse the Website, including, without limitation, by introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful.  In particular, you must not access without authority, interfere with damage or disrupt the Website or any part of it; any equipment or network on which the Website is stored; any software used in connection with the provision of the Website; or any equipment, software or website owned or used by a third party.  You must not attack the Website via a denial-of-service attack.

 

6.2 Without prejudice to our other rights or remedies, we reserve the right to take legal proceedings against you for reimbursement of all costs or losses (on an indemnity basis) resulting from your breach of this section of the Terms of Use, and to disclose such information to law enforcement agencies as we reasonably believe is necessary.

 

7. COPYRIGHT

 

7.1 The contents of the Website are protected by international copyright laws and other intellectual property rights.  All intellectual property rights in the contents of the Website (including, without limitation, all text, graphics, logos, names, artwork, photographs and videos) are owned by us or our licensors.  All product and company names and logos mentioned on the Website are the trade marks, service marks or trading names of their respective owners.  All rights are reserved.

 

7.2 You may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from the Website including but not limited to text, graphics, video, messages, code and/or software without our prior written consent.

 

7.3 Any commercial use or exploitation of the Website or its content is strictly prohibited.

 

8. LINKED WEBSITES

 

8.1 Where the Website contains links to third party websites and resources, these links are provided for your information only.  We have not reviewed these websites and are not responsible for their availability, accuracy or content or for any loss or damage that may arise out of your use of them.  When you access any other Website you understand that it is independent from us and that we have no control over the content or availability of that website.  Access to third party websites is entirely at your own risk.  You should read any terms and conditions applying to the use of any third party website that you visit and address any complaints or queries relating to such websites to the operator of that website.  Please be aware that a link to any other website does not mean that we endorse or approve of or accept any responsibility for the content, or the use of, such a website.

 

8.2 You may not use any part of the Website on any other website or link any other website to the Website without our prior written permission.

 

9. DISCLAIMER OF LIABILITY 

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9.1 All content, materials and information on the Website are provided on an "as is" basis and "as available" basis, for information purposes only and without any conditions, warranties or other terms of any kind.  You assume total responsibility and risk for your use of the Website and use of all information contained within it.

 

9.2 We undertake no obligation to update the Website or to correct any inaccuracies which may become apparent, but reserve the right to do so without notice to you.

 

9.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any Website linked to it.

 

10. APPLICABLE LAW

 

10.1 These Terms of Use and any dispute or claim arising out of or in connection with them or their subject matter, whether of a contractual or non-contractual nature, shall be governed by and construed in accordance with the law of England and Wales.  You irrevocably agree that the courts of England and Wales shall have non-exclusive jurisdiction to settle any dispute regarding these Terms of Use and any and all dealings between us and you.

 

10.2 The Website has been approved for access in the United Kingdom.  We do not warrant or otherwise represent that the Website, use of the Website or these Terms of Use (in whole or in part) are in compliance with laws or available for use in locations outside this territory.  If you choose to access the Website from locations outside this territory, you do so at your own initiative and are responsible for compliance with local laws.

 

11. REPLACEMENT

 

These terms and conditions replace all other terms and conditions previously applicable to the use of the Website.