SENSIBLE GIFTS WEBSITE TERMS AND CONDITIONS
Thank you for accessing http://www.sensible-gifts.com(the “Website”). Please read these terms and conditions (the “Terms”) before using the Website which is operated by Sensible Gifts Ltd.
Should you wish to contact Sensible Gifts at any time, please contact us by emailing us at email@example.com
By using the Website, you signify your acceptance of the Terms in consideration of which Sensible Gifts provide you with access. From time to time Sensible Gifts may modify the Terms. Accordingly, please continue to review the Terms whenever accessing or using the Website. If at any time you do not wish to accept the Terms, you may not use the Website. These terms and conditions were updated on 1st March 2012
While Sensible Gifts has endeavoured to ensure the material accuracy of the information available on the Website, Sensible Gifts does not guarantee or give any warranty as to the accuracy, timeliness or completeness of any information or material on the Website. The contents of this Website are for information only, nothing on this site constitutes professional advice and advice should always be taken from a qualified professional in relation to any specific problem or concern. Sensible Gifts therefore disclaims all liability and responsibility arising from any reliance placed on such information or materials by any visitor to the Website.
LINKS TO THE WEBSITE
Websites or pages to which the Website is linked are for information only and have not been reviewed by Sensible Gifts has no responsibility for the content of the websites or pages linked or linking to this Website, and Sensible Gifts accepts no responsibility or liability for any losses or liabilities whatsoever that may be incurred as a result of your clicking through to linked websites.
The Website, including (but not limited to) text, content, software, video, music, sound, graphics, photographs, illustrations, artwork, names, logos, trade marks and other material (“Content”) is protected by copyrights, database, trade marks and/or other intellectual property rights.
The Content includes both content owned or controlled by Sensible Gifts and content owned or controlled by third parties and licensed to Sensible Gifts .
All individual articles, publications, and other elements making up the Website are copyright works. You agree to abide by all additional copyright notices or restrictions contained in the Website and the licence set out below.
You may not use any of Sensible Gifts’ trademarks or trade names without Sensible Gifts ‘s consent and you acknowledge that you have no ownership rights in and to any of those names and marks. You agree to notify Sensible Gifts in writing promptly upon becoming aware of any unauthorised access to or use of the Website by any party or of any claim that the Website or any of the Content infringes any copyright, trade mark, or other contractual, statutory or common law rights of any party.
Access to the Website is provided on a temporary basis and you acknowledge that you acquire no rights or licences in or to the Website and/or the Content other than the limited right to use the Website in accordance with these Terms.
Other than as set out in this section (or provided by applicable law) you may not copy, decompile, disassemble, reverse engineer, distribute, make available, adapt, upload (other than in accordance with our Forum terms and conditions), or in any other way exploit any part of the Website.
Download is permitted by Sensible Gifts provided that:
(i). you make only personal, non-commercial use of any download and/or printed copy of the Website and do not modify any Content you have printed off; and
(ii). you retain on such download and/or printed copy all copyright notices and shall remain bound by the terms of such wording and notices.
You should seek the consent of Sensible Gifts and the authors of any works appearing on our forum to re-use any posts or material contained in any posts appearing on our forum. Please note that we give no warranty and make no representation that any of the posts appearing on our forum do not infringe the intellectual property rights or other legal or equitable rights of any third party
Additionally, you may not offer for sale or sell, make available or distribute over any other medium (including communication or making available by over-the-air television or radio broadcast or communication or making available on a computer network) the Content or any part thereof without our express consent.
The Website and the information contained therein may not be used to construct a database of any kind, nor may the Website be stored (in its entirety or in any part) in databases for access by you or any third party or to distribute any database websites containing all or part of the Website.
Without prejudice to the generality of the foregoing, you may link to any part of our Website.
If you would like information about obtaining Sensible Gifts’ permission to use any of the Content please contact us by emailing us at firstname.lastname@example.org
THE WEBSITE AND THE CONTENT ARE PROVIDED “AS IS” EXCLUDING ANY WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW INCLUDING (BUT NOT LIMITED TO) THE EXCLUSION OF WARRANTIES AND CONDITIONS AS TO TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS. SENSIBLE GIFTS FURTHER ACCEPTS NO RESPONSIBILITY OR LIABILITY FOR FUNCTIONALITY CONTAINED ON THE WEBSITE. PLEASE NOTE THAT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR IMPLIED CONDITIONS, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
While Sensible Gifts cannot guarantee performance of its Website, in the event that use of the Website is interrupted or suffers from any errors, we will endeavour to resolve such issues in a reasonably timely manner.
You should ensure that your computer equipment is compatible with the Website and you have installed up to date virus checking software prior to any internet session as SENSIBLE GIFTS IS NOT LIABLE FOR ANY DAMAGE YOU MAY SUFFER AS A RESULT OF SUCH DESTRUCTIVE FEATURES THAT MAY INFECT YOUR COMPUTER OR DATA DUE TO YOUR USE OF THE WEBSITE OR YOUR DOWNLOADING ANY MATERIAL POSTED ON IT.
SENSIBLE GIFTS SHALL NOT BE HELD RESPONSIBLE FOR CONTENT PROVIDED BY THIRD PARTIES. SENSIBLE GIFTS is also not responsible for the reliability or continued availability of the telephone lines and equipment you use to access the Website.
You understand that Sensible Gifts uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Website and any service made available through it.
These Terms do not affect your statutory rights or your legal rights as a consumer.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE, INCLUDING THE CONTENT, IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THE WEBSITE, THE TERMS OR ANY OF THE CONTENT YOUR SOLE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE. SAVE IN RESPECT OF FRAUD AND OF PERSONAL INJURY OR DEATH TO THE EXTENT IT RESULTS FROM SENSIBLE GIFTS ‘S NEGLIGENCE, IN NO EVENT WILL SENSIBLE GIFTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING LOST PROFITS), OR ANY OTHER DAMAGES OF ANY KIND WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF SENSIBLE GIFTS HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.
Applicable law may not allow the limitation or exclusion of liability for consequential or incidental damages, so this limitation or exclusion may not apply to you.
LOCAL LAWS AND REGULATIONS
The Website is not directed at any person in any jurisdiction where for any reason the publication or availability of the Website is prohibited. Those in respect of whom such prohibitions apply must not access the Website.
Sensible Gifts does not represent that either the Website or the Content are appropriate for use or permitted by local laws in all jurisdictions. Those who access the Website do so on their own initiative and are responsible for compliance with applicable local laws or regulations; legal advice should be sought in cases of doubt.
VIRUSES HACKING AND OTHER OFFENCES
You must not misuse the Website by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website or the server on which it is stored and you must not attack our Website by way of a denial of service attack or distributed denial of service attack.
We will not be liable for any loss or damage caused by a distributed denial of service attack arising following your use of the Website.
If you breach any of these Terms your right to use the Website terminates automatically.
CHANGES TO THE WEBSITE
At any time, the Website may contain material which is out of date. While Sensible Gifts has no obligation to do so, you accept that Sensible Gifts has the right to change the content or technical specifications of any aspect of the Website at any time at Sensible Gifts’ sole discretion. You further accept that such changes may result in your being unable to access the Website.
No waiver by Sensible Gifts of any breach of any obligation arising under these Terms shall constitute a waiver of any other breach and no failure to exercise or partial exercise by Sensible Gifts of any remedy shall constitute a waiver of the right subsequently to exercise that or any other remedy.
Sensible Gifts shall have no liability for any breach of these Terms caused by circumstances beyond its reasonable control.
A person who is not a party to these Terms shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of these Terms.
GOVERNING LAW AND JURISDICTION
The Terms are governed by the laws of England and Wales and the parties submit to the
exclusive jurisdiction of the English and Welsh courts.