1.DEFINITIONS AND INTERPRETATION
In these Terms of Sale, unless the context
otherwise requires, the following expressions have the following meanings:
“Agreement”
means a contract for the purchase and sale of services, primarily
relating to dog shows and dog related matters;
“Services”
means the services which are to be provided by us to you
as specified in your Order (and confirmed in Our Order Confirmation); and
“We/Us/Our”
means Fosse Data Systems, a company registered in England
under 3174705 whose registered address is 4 Mitchell Court, Castle Mound Way,
Rugby CV23 0UY and whose main trading address is 4 Mitchell Court, Castle
Mound Way, Rugby CV23 0UY
2.INFORMATION ABOUT US
Our Site, www.fossedata.co.uk is owned and operated by
Fosse Data Systems Limited, a limited company registered in England under
3174705 whose registered address is 4 Mitchell Court, Castle Mound Way, Rugby
CV23 0UY and whose main trading address is 4 Mitchell Court, Castle Mound Way,
Rugby CV23 0UY. Our VAT number is 670 1704 56
3. ACCEPTANCE OF TERMS
Your access to and
use of www.fossedata.co.uk ("the Website") is subject exclusively to
these Terms and Conditions. You will not use the Website for any purpose that is
unlawful or prohibited by these Terms and Conditions. By using the Website you
are fully accepting the terms, conditions and disclaimers contained in this
notice. If you do not accept these Terms and Conditions you must immediately
stop using the Website.
4. ADVICE
The contents of the
Website do not constitute advice and should not be relied upon in making or
refraining from making, any decision.
5. CHANGES TO WEBSITE
Fosse Data Systems
Ltd. reserves the right to:
5.1 change or remove (temporarily or permanently) the Website or any part of it
without notice and you confirm that Fosse Data Systems Ltd. shall not be liable
to you for any such change or removal; and
5.2 change these Terms and Conditions at any time, and your continued use of
the Website following any changes shall be deemed to be your acceptance of such
change.
6. LINKS TO THIRD PARTY WEBSITES
The Website may
include links to third party websites that are controlled and maintained by
others. Any link to other websites is not an endorsement of such websites and
you acknowledge and agree that we are not responsible for the content or
availability of any such sites.
7. COPYRIGHT
7.1 All copyright,
trade marks and all other intellectual property rights in the Website and its content
(including without limitation the Website design, text, graphics and all
software and source codes connected with the Website) are owned by or licensed
to Fosse Data Systems Ltd. or otherwise used by www.fossedata.co.uk as
permitted by law.
7.2 In accessing the Website you agree that you will access the content solely
for your personal, non-commercial use. None of the content may be downloaded,
copied, reproduced, transmitted, stored, sold or distributed without the prior
written consent of the copyright holder. This excludes the downloading, copying
and/or printing of pages of the Website for personal, non-commercial home use
only.
8. ORDERS
Our Site will guide you through the entering and ordering process including how to set up your
“Owner Account”. Before submitting your order
to Us you will be given the opportunity to review your order and amend any
errors. Please ensure that you have
checked your personal details and those of your dogs carefully before
submitting it.
No part of Our Site constitutes a contractual offer capable
of acceptance. Your entry and order
constitutes a contractual offer that we or the dog show club or society may, at
our sole discretion, accept. Our
acknowledgement of receipt of your entry or order does not mean that we have
accepted it. Our acceptance is indicated
by us sending you an entry or order confirmation by email.
9. PAYMENT
Payment for the Services will be due in full at the time of completion of entry. Price and
payment details will be confirmed in the Order Confirmation. Your chosen payment method will be charged as
indicated.
We accept the following methods of payment on Our Site:
Credit card;
Debit card;
10. EVENTS OUTSIDE OF OUR CONTROL (Force Majeure)
We will not be liable for any failure or delay in
performing Our obligations where that failure or delay results from any cause
that is beyond Our reasonable control.
Such causes include, but are not limited to power failure, internet
service provider failure, industrial action by third parties, civil unrest,
fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism,
acts of war, governmental action, epidemic or other natural disaster, or any
other event that is beyond our reasonable control
If any event described under this occurs that is likely to
adversely affect Our performance of any of Our obligations under these Terms of
Sale:
We will inform you as soon as is reasonably possible;
Our obligations under these Terms of Sale (and therefore
the Contract) will be suspended and any time limits that We are bound by will
be extended accordingly;
We will inform you when the event outside of Our control is
over and provide details of any new dates, times or availability of Services as
necessary;
If the event outside of Our control continues for more than
5 working days We may cancel the Contract and inform you of the
cancellation. Any refunds due to you as
a result of that cancellation will be paid to you as soon as is reasonably possible
and in any event no later than 14 calendar days after the date on which We
inform you of the cancellation;
If an event outside of Our control occurs and continues for
more than 5 working days and you wish to cancel the Contract as a result, you
may do so in any way you wish. If you
would prefer to contact Us directly to cancel, please use the following
details:
Email: info@fossedata.co.uk
Post: 4 Mitchell Court, Castle Mound Way, Rugby, CV23 0UY
11. DISCLAIMERS AND LIMITATION OF LIABILITY The Website is
provided on an "AS IS" and "AS AVAILABLE" basis without any
representation or endorsement made and without warranty of any kind whether
express or implied, including but not limited to the implied warranties of
satisfactory quality, fitness for a particular purpose, non-infringement,
compatibility, security and accuracy.
To the extent permitted by law, Fosse Data Systems Ltd. will not be liable for
any indirect or consequential loss or damage whatever (including without
limitation loss of business, opportunity, data, profits) arising out of or in
connection with the use of the Website.
Fosse Data Systems Ltd. makes no warranty that the functionality of the Website
will be uninterrupted or error free, that defects will be corrected or that the
Website or the server that makes it available are free of viruses or anything
else which may be harmful or destructive.
Nothing in these Terms and Conditions shall be construed so as to exclude or
limit the liability of Fosse Data Systems Ltd. for death or personal injury as
a result of the negligence of Fosse Data Systems Ltd. or that of its employees
or agents.
12. INDEMNITY
You agree to
indemnify and hold Fosse Data Systems Ltd. and its employees and agents
harmless from and against all liabilities, legal fees, damages, losses, costs
and other expenses in relation to any claims or actions brought against Fosse
Data Systems Ltd. arising out of any breach by you of these Terms and
Conditions or other liabilities arising out of your use of this Website.
13. SEVERANCE
If any of these Terms
and Conditions should be determined to be invalid, illegal or unenforceable for
any reason by any court of competent jurisdiction then such Term or Condition
shall be severed and the remaining Terms and Conditions shall survive and
remain in full force and effect and continue to be binding and enforceable.
14. GOVERNING LAW
These Terms and Conditions
shall be governed by and construed in accordance with the law of England and
you hereby submit to the exclusive jurisdiction of the English courts.