Terms and Conditions

Terms and Conditions

Site terms for baddielandskinner.com

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE AND/OR PURCHASING CONTENT

1 INTRODUCTION
1.1 These are the terms and conditions of use (Terms) for www.baddielandskinner.com (the Site). All dealings through the Site are subject to these Terms. Your use of the Site constitutes acceptance of these Terms as a legally binding agreement. If you do not agree with these Terms you must not use the Site. We may vary these Terms from time to time at our discretion by publishing revised terms on the Site. From the time of publication we and you shall be bound by these Terms as revised. We therefore advise you to frequently check these Terms. Please confirm your acceptance of the Terms by clicking I ACCEPT checkbox at the foot of the page. 1.2 The Content provided on the Site is made available by Avalon Public Relations Ltd (we or us) and your contract will be with us. We are an English company (registered number 335 3751) with registered address at 4a Exmoor Street, London, W10 6BD

2 DEFINITIONS
2.1In these Terms the following phrases shall have the following meanings, where the context permits: Acceptance means as defined in Clause 6; Consumer means a natural person who, in contracts to which the Consumer (Distance Selling) Regulations 2000 (as amended) apply, is acting for purposes that are outside his or her business; Content means as defined in Clause 1.3; Process means the process through which you communicate with us with a view to the purchase by you of Content, all as described in Clause 6; Working Day means a day on which banks are open for business in London, and excludes weekends and public holidays; you means an individual user of the Site.

3 AGE RESTRICTION, REGISTRATION AND SECURITY
3.1 You must be aged 18 or over to use the Site. By placing an order with us, you confirm that you are of legal age to purchase the Content.
3.2 To place an order on the Site you must be a registered user of the Site. To register you must provide certain information including but not limited to a user name, password and valid email address. We will use this information in accordance with the privacy policy set out below. As a registered user of the Service you will set up an account through which you may make purchases and use the other services provided by the Site (Your Account).
3.3 You shall not reveal the personal information of Your Account to any third party and will take all reasonable steps to ensure the security of your password, membership number and name and other relevant information. We will not be held responsible for any losses incurred due to unauthorised use of Your Account by any third party. It is your responsibility to bring to our attention any unauthorised use of Your Account as soon as possible. You may not enter the site using details of another user. It is your responsibility to ensure all data relating to Your Account has been entered correctly and kept up to date. You agree to accept responsibility for all activity that occurs under Your Account or password.

4 SYSTEM REQUIREMENTS
Prior to accepting these Terms, please ensure that the device through which you are accessing the Content meets the specifications required. Use of the Content requires a compatible computer or other compatible device such as a mobile phone or PDA, internet access and certain software. Any fees payable for any such hardware, internet access or software shall be your responsibility. If you need information on the specifications of any equipment, internet access or software required to receive our services please email us at support@baddielandskinner.com

5 USING THE SITE
5.1 Wherever you are asked to provide information in connection with the Site, you agree to provide true, accurate, current and complete details. You are not obliged to provide us with any optional information requested.
5.2 You agree not to:
5.2.1 impersonate another person or use a false name or a name you are unauthorised to use, or create a false identity or origin or email address or try to mislead us or others as to identity or origin of any communications or to provide inaccurate or unreliable contact details;
5.2.2 modify, access or make available data or Content stored on a computer or device which you have accessed through our network, when either (a) the owner of the data, computer or device has taken steps to prevent you from doing this or (b) the owner has expressed a wish that you do not do this;
5.2.3 make available or upload files that contain Content or other material, data or information not owned by or licensed to you or collect information about others (such as names and addresses) without their prior consent;
5.2.4 damage, interfere with or disrupt access to the Site or do anything which might impair its functionality;
5.2.5 use the Site in any way to send unsolicited (commercial or otherwise) email or any material for marketing or publicity purposes, or any similar abuse of either;
5.2.6 publish, post, distribute, disseminate or otherwise transmit, defamatory offensive, infringing, obscene, indecent or other unlawful or objectionable material or information;
5.2.7 make available, upload or distribute by any means any material or files that contain any viruses, bugs, corrupt data, trojan horses, worms, or any other harmful software;
5.2.8 falsify the true ownership of Content or other material or information contained in a file made available via the Site;
5.2.9 obtain or attempt to obtain unauthorised access, through whatever means, to the Site.
5.3 You shall not use the Site for any purpose or in any way that is prohibited by these Terms or otherwise unlawful.
5.4 You shall indemnify us in respect of any loss that we suffer as a result, directly or indirectly, of any breach by you of this undertaking.

6 LIABILITY
Nothing in these Terms shall be read as limiting our liability for death or personal injury caused by our negligence.
6.2 We shall be under no liability for damage, loss or expense resulting from the failure to give advice or information or the giving of incorrect advice or information, whether on the Site or elsewhere, and whether or not due to our negligence or that of any of our employees, agents or sub-contractors.
6.3 Opinions expressed on the Site including Site users ratings of material are not the opinions of the Site or the operators of the Site and we accept no liability for reliance you may place on such opinions.
6.4 The liability assumed by us under these Terms shall be in lieu of and to the exclusion of all other warranties, conditions, terms and liabilities, express or implied, statutory or otherwise, in respect of the quality or the fitness for any particular purpose of the Content or otherwise however arising, except any implied by law that by law cannot be excluded. 6.5 Except as provided in these Terms we shall be under no liability, whether in contract, tort or otherwise, in respect of defects in the Content or their failure to correspond to specification or sample or for any injury, damage or loss resulting from such defects or failure.
6.6 In no event shall any breach of contract on our part or tort (including negligence and breach of statutory duty) or failure of any kind on our part or that of our employees, agents or sub-contractors give rise to any liability for loss of revenue or any consequential or indirect loss or damage arising from any cause whatever.
6.7 Any liability whether in contract, tort or otherwise on our part in respect of any defect in the Content or of any duty owed to you under or in connection with these Terms shall be further limited in the aggregate to the repayment of the amount paid by you for the Content in question.
6.8 By using this Site you agree to indemnify and hold harmless us and our agents, representatives, partners, employees, licensors, content and technology providers, and any parent or subsidiary company from any and all losses, claims, demands, causes of actions and judgments (including legal fees on an indemnity basis and court costs) which arise out of your breach of these Terms or use of the Site.
6.9 You shall not sue or seek to recover any damages or other payment from us or our agents, representatives, partners, employees, licensors, content and technology providers, and any parent or subsidiary company as a result of its decision to terminate or suspend the service hereunder.
6.10 You accept that your use of the Site and the services contained herein is at your own risk. Save as expressly stated herein, the Site and Content are provided as is and as available and without warranties of any kind either expressed or implied. This shall include (but not be limited to) all implied warranties of fitness for purpose or merchantability to the extent permitted by law.
6.11 We shall use our reasonable efforts to protect the information submitted by you but you hereby acknowledge and accept that your submission of such information is at your own risk and no liability shall attach to us for any loss or liability to you relating to such information.
6.12 Whilst we will make all reasonable efforts to ensure an uninterrupted service we do not make any guarantee representation or warranty that your use of the Site will be uninterrupted and without error and you recognise that we may temporarily suspend the service from time to time without notice to you in order to undertake essential Site maintenance.
6.13 We do not warrant that this site will be compatible with all hardware and software which you may use. Although we may put in place security measures for your protection, we shall not be liable for damage to, or viruses that may affect, any computer equipment, software, data or other property as a result of your access to, use of or browsing of this Site or your downloading of any material.

7 INTELLECTUAL PROPERTY AND PERMITTED USE
7.1 The copyright and all other intellectual property rights in the Content and Site and all text, artwork, graphics or images to be found on the Site are the sole and exclusive property of us or our licensors.
7.2 You agree not to try to use any more copies of Content than in accordance with the licences granted. In particular you are only permitted to burn an item downloaded from the Site to CD a maximum of three times. Please note that Content is for your private and personal enjoyment and you must not give copies to your friends or anyone else. You must not use the Content for any commercial purpose. This means that you are not allowed to sell, broadcast, lend, send or make the Content available to anyone else. To do so will be an infringement of our licensors copyright and a material breach of these Terms because the intellectual property rights in the Content are owned by third parties. Any rights we do not grant are reserved.

8 DATA PROTECTION AND PRIVACY
8.1 This Clause sets out the data-processing practices carried out by us through the use of the Internet and any other electronic communications. If you have any requests concerning your personal information or any queries with regard to these practices please contact us at support@baddielandskinner.com
8.2 We collect personal information from visitors to this Site through the use of online forms and every time you email us your details. We also collect information about the transactions you undertake including details of payment cards used.
8.3 We process personal information collected in this way for the purposes of:
8.3.1 providing and personalising our services;
8.3.2 dealing with your inquiries and requests;
8.3.3 administering your orders and accounts;
8.3.4 processing payment for your orders;
8.3.5 providing you with information about Content and services.
8.4 All our employees and data processors that have access to, and are associated with the processing of your personal information, are obliged to respect the confidentiality of our visitors information.
8.5 A cookie is a small piece of information sent by a web server to a web browser that enables the server to collect information from the browser. Find out more about the use of cookies on www.cookiescentral.com. We use cookies to identify you when you visit this Site and to keep track of your browsing patterns and build up a demographic profile. Our use of cookies also allows registered users to be presented with a personalised version of the site, carry our transactions and have access to information about their account. Most browsers allow you to turn off cookies. If you want to know how to do this please look at the help menu on your browser. However, switching off cookies will restrict your use of our Site.
8.6 We will disclose your personal information only to government authorities or other bodies exercising statutory or supervisory powers, but only if required to do so by law, or to our own professional advisors in strict confidence.
8.7 Our Site may contain links to other Sites, which are outside our control and are not covered by this privacy policy. If you access other sites using the links provided, the operators of these sites may collect information from you and it may be used by them in accordance with their privacy policy, which may differ from ours.
8.8 You have a right to access the personal data held about you. To obtain a copy of the personal information we hold about you, please write to us at support@baddielandskinner.com. Please quote your name and address. Please also give brief details of the data of which you would like a copy: that enables us to identify it more readily. We will require proof of your identity before providing you with details of any personal information that we may hold about you. We will charge £10 to cover the administration costs involved in providing you with a copy of your information.
8.9 Given that the Internet is a global environment, using the Internet to collect and process personal data necessarily involves transmitting data internationally. Therefore, by browsing this Site and communicating electronically with us, you acknowledge and agree to our processing your personal data in this way.

9 VIRUS PROTECTION AND COMPATIBILITY
9.1 While certain precautions have been taken to detect computer viruses and ensure security, we cannot guarantee that the Site is virus-free and secure.
9.2 We shall not be liable for any loss or damage that occurs as a result of any virus or breach of security. We give no warranties as to the compatibility of the Site with your computer systems, software or hardware.

Terms and Conditions for SMS text messaging


10 Please get the bill payer's permission before using these services. All charges include VAT. Text updates: Text updates will cost £0.25 per message received, once you have replied and confirmed your subscription to our opt-in message. This cost will be included in your mobile phone bill.

Usage of SMS Data


11.1 Mobile phones Downloads (for example text message updates, ringtones, wallpaper images etc) are to be used for private purposes only on your mobile phone. For these purposes you are permitted to download and store on your mobile telephone instructions which make up any Download Item ordered by you. You may not copy or forward any Download Item to anyone else.

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