Terms and Conditions
In using this website, you agree to be bound by the terms and conditions (the "Terms") set out below. If you do not agree to the Terms then you may not use this website.
Any services or products that we make available to you on or via the website may be subject to additional Terms which are in addition to and may supplement or amend these Terms.
1. Definitions:
"Website" means http://www.art-e-mail.com
"You/Your" means you, the user of this Website.
"User Information" refers to information provided by you via the Website.
"We/Us/Our" means Brian Lewis of Bee's Hall, Sheringham, Norfolk, NR26 8DH who provide this Website.
2. Registration
2.1 You warrant, represent and undertake that the Information which You provide when You register is true, accurate, current and complete in all respects.
2.2 We reserve the right to decline any application from You to subscribe to the Website in Our sole discretion.
2.3 You agree not to impersonate any other person or to use a false name or a name that You are not authorised to use.
2.4 This website is for use by persons residing in the UK only.
3. Your use of the Website
3.1 Your use of the Website carries with it no rights in relation to copyright, trade marks or other intellectual property rights of Ours. Your use of the Website is governed by these Terms and any Additional Terms to which You have agreed, regardless of whether such use is in connection with or otherwise related to Your use of the Website.
3.2 All right, title, and interest (including all copyrights and other intellectual property rights) in the Website as between You and Us belong to Us. You acquire no proprietary interest in the Website. You may not remove or obscure the copyright notice or other notices contained in the Website or anything retrieved or downloaded from the Website.
3.3 You may not decompile, reverse engineer, disassemble, rent, lease, loan, sublicense or create derivative works from the Website, which includes the information and software made available therein. Save as otherwise expressly provided in any Additional Terms, You may not copy, save, download, modify, reproduce, republish, distribute, transmit or use for any purposes, whether commercial or non- commercial, the Website or any information contained therein, except to the extent necessarily required in order for You to display, use and navigate the Website.
4. Your Obligations
4.1 You agree that You will only use the Website in a manner that is consistent with these Terms and any Additional Terms and in such a way as to ensure compliance with all applicable English laws and regulations.
4.2 You agree that You will not, in respect of the Website:
4.2.1 enter material which is offensive, derogatory or defamatory in nature, or which may, in Our judgement, cause annoyance, inconvenience or anxiety to any person;
4.2.2 enter material which is obscene or pornographic in nature;
4.2.3 enter material containing profanity, vulgarity, hate speech, or threats of violence;
4.2.4 make repetitive information entries or perform other actions which may interfere with the operation of the Website;
4.2.5 enter contact or personal information about any other individual without the permission of that individual;
4.2.6 enter material without the permission of the owner of that material;
4.2.7 send e-mail or postal correspondence to any other user of the Website after being requested to stop doing so by that user;
4.2.8 use any computer code, program or routine to extract or to attempt to extract any part of the database comprising information on the Website;
4.2.9 enter any material containing any virus or other computer programming routine which may damage or interfere with the Website;
4.2.10 use the Website in such a way that You cause the whole or part of the Website to be interrupted, damaged, rendered less efficient or in any way impaired;
4.2.11 refuse to follow a reasonable instruction or direction from Us.
4.3 To the extent to which Your use or the use by any person who may be authorised by You or for whom You are responsible (for example, as employer) causes loss or damage to Us or any person, You agree to indemnify Brian Lewis immediately on demand in relation to any such losses or damages attributable to them, including where necessary any legal, administrative or technical charges that may arise from such use.
5. Our Obligations to You and Limitations on Liability
5.1 We cannot guarantee that the Website will always be fully operational or error free and so We do not accept responsibility for any defects that may exist or for any costs, loss of profits, loss of data or consequential losses arising from Your use of or inability to access the Website.
5.2 We make no warranty that the Website will meet Your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials or as to results or the accuracy of any information obtained by You through the Website.
5.3 Whilst We take reasonable precautions to ensure that any downloads We make available will be virus free We do not warrant that any downloads will be virus free and will not cause interruptions with Your computer systems.
5.4 We exclude, to the fullest extent permitted by applicable laws, and save in respect of death or personal injury arising from Our negligence, all liability for any claims, losses, demands and damages arising directly or indirectly out of or in any way connected with the Website. This exclusion shall apply in respect of, without limitation, any interruption of service, lost profits, loss of contracts or business opportunity, loss of data, or any other consequential, incidental, special, or punitive damages, even if We have been advised of the possibility of such damages, whether arising in contract, tort, under statute or otherwise.
We will at all times comply with Our privacy policy.
6. Our Rights
6.1 We reserve the right to:
6.1.1 modify or withdraw, temporarily or permanently, the Website (or any part thereof) with or without notice to You and You confirm that We shall not be liable to You or any third party for any modification to or withdrawal of the Website;
6.1.2 change these Terms from time to time, and Your continued use of the Website (or any part thereof) following such change shall be deemed to be Your acceptance of such change. It is Your responsibility to check regularly to determine whether the Terms have been changed. If You do not agree to any change to the Terms then You must immediately stop using the Website; and/or
6.1.3 refuse to place any content or material provided by You onto the Website in Our sole discretion and to remove any content or material from the Website once uploaded in Our sole discretion.
7. General
7.1 If any part of the Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Terms and shall not effect the validity and enforceability of any of the remaining provisions of the Terms.
7.2 No waiver by Us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
7.3 Each provision of the Terms shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
7.4 The Terms (as amended from time to time) contain the entire agreement between the parties relating to the subject matter covered and supersedes any previous agreements, arrangements, undertakings or proposals, written or oral, between the parties in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of the Terms. You confirm that, in agreeing to accept the Terms, You have not relied on any representation save insofar as the same has expressly been made a representation in the Terms and You agree that You shall have no remedy in respect of any misrepresentation which has not become a term of the Terms save that Your agreement shall not apply in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Terms.
8. Your rights under the distance selling regulations
You have the right to cancel your online purchase at any time up to 10 days after you receive the goods, in line with The Distance Selling Regulations. To cancel your contract in this time frame you must notify Us in writing by post or email.
Should you wish to cancel your order after the goods have been delivered to you, you will be responsible for returning the goods to Us at your own cost unless the goods are faulty.
You will be credited for the goods within 30 days of notifying Brian Lewis of the cancellation.
9. Law
The Terms shall be governed by and construed in accordance with the laws of England and You irrevocably submit to the exclusive jurisdiction of the courts of England.
These terms and conditions govern your use of our website. Please read these terms in full before you use this website. If you do not accept these terms and conditions, please do not use this website. Your continued use of this website confirms your acceptance of these terms.
Website access
1.1 It is not necessary to register with us in order to use most parts of this website. However, particular areas of this website will only be accessible only if you have registered.
Use of website
1.2 This website may be used for your own private purposes and in accordance with these terms and conditions.
1.3 You may print and download material from this website provided that you do not modify or reproduce any content without our prior written consent.
Website uptime
1.4 All reasonable measures are taken by us to ensure that this website is operational all day, every day. However, occasionally technical issues may result in some downtime and accordingly we will not be liable if this website is unavailable at any time.
1.5 Where possible we always try to give advance warning of maintenance issues that may result in website down time but we shall not be obliged to provide such notice.
Visitor provided material
1.6 Any material that a visitor to this website sends or posts to this website shall be considered non-proprietary and non confidential. We shall be entitled to copy, disclose, distribute or use for such other purpose as we deem appropriate all material provided to us, with the exception of personal information, the use of which is covered under our Privacy Policy.
1.7 When using this website you shall not post or send to or from this website any material:
(a) for which you have not obtained all necessary consents;
(b) that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in the United Kingdom;
(c) which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.
1.8 We will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to this website in breach of Paragraph 1.7.
Links to and from other websites
1.9 Throughout this website you may find links to third party websites. The provision of a link to such a website does not mean that we endorse that website. If you visit any website via a link on this website you do so at your own risk.
1.10 Any party wishing to link to this website is entitled to do so provided that the conditions below are observed:
(a) you do not seek to imply that we are endorsing the services or products of another party unless this has been agreed with us in writing;
(b) you do not misrepresent your relationship with this website; and
(c) the website from which you link to this website does not contain offensive or otherwise controversial content or, content that infringes any intellectual property rights or other rights of a third party.
1.11 By linking to this website in breach of clause 1.10 you shall indemnify us for any loss or damage suffered to this website as a result of such linking.
Disclaimer
1.12 Whilst we do take all reasonable steps to make sure that the information on this website is up to date and accurate at all times we do not guarantee that all material is accurate and, or up to date.
1.13 All material contained on this website is provided without any or warranty of any kind. You use the material on this website at your own discretion.
Exclusion of liability
1.14 We do not accept liability for any loss or damage that you suffer as a result of using this website.
1.15 Nothing in these terms and conditions shall exclude or limit liability for death or personal injury caused by negligence which cannot be excluded or under the law of the United Kingdom.
Law and jurisdiction
These terms and conditions are governed by English law. Any dispute arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the Courts of England and Wales.