THE FOLLOWING TERMS AND CONDITIONS OF USE AGREEMENT (hereafter "Terms") governs your use of our web site (hereafter "web site") and the purchase of products from ourselves. It is vitally important that you read the Terms carefully, as your use of the web site and/or order of products will automatically constitute your agreement to be legally bound by the terms and conditions set out herein. These Terms also govern your use or purchase of the products provided through or in connection with the web site (hereafter "products"). Each time you use our products, you acknowledge that you have read these Terms and agree to be legally bound by them. If you do not agree to be bound by these Terms, you may not purchase our products.
1. We are Securistar Ltd (hereafter “Company”) , a company registered in England and Wales (company number 10712967), whose registered office is at 1 Brewery House, Brook Street Wivenhoe, Colchester, Essex, CO7 9DS.
2. The following words used in these Terms shall have the following meanings:
“User” shall mean yourself and all who visit this web site and/or purchase products from ourselves.
“Personal Information” shall mean all data and/or information provided by and about User, including e-mail address (es), name, address, credit card, or other payment information, etc.;
"Company web site" shall mean all web sites on which the Company provides products.
"Company Products" shall mean all products provided by the Company;
'"Consumer " shall mean any individual who purchases a product for a purpose wholly or mainly outside that individual's business, trade, profession or craft.
"Customer " shall mean all Users who also purchase or seek to purchase Company Products;
“Products” shall mean the same as 'goods' and vice versa
“3rdParties or Third Parties” include all advertisers, partners and affiliate vendors that are included on, or linked to, the Company web site(s) as well as the providers of services connected with the provision and sale of Company Products such as, but not only, payment processors.
ORDERING GOODS FROM US
3 These terms of sale apply to all goods supplied by the Company. They do not affect your statutory rights.
Description and price of products.
4.We have taken care to describe and show Products accurately as possible. Despite this, slight variations in items may occur. We provide you with product information on https://www.home8alarm.co.uk. If there is anything which you do not understand, or if you wish to obtain further information, please contact our customer services team on 0330 22 33 925.
5. Product images are for illustrative purposes only. Although we have made every effort to display colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the products. Your products may vary slightly from those images.
6. We make every effort to ensure that the pricing displayed on our website is correct. However, if an error in the pricing of a product is found we reserve the right to either cancel your order or contact you to arrange payment of any extra sum due or refund any over-payment made by you (as applicable). We reserve the right to alter all product and service pricing without notice.
7. All prices include VAT (where applicable) at the current rates. We reserve the right to express the price exclusive of VAT, but we shall show VAT separately and include it in the total price.
8. Where we charge separately for packing, carriage and insurance and other relevant charges, the appropriate rates are set out in our specified pricing structure shown elsewhere on this website.
Placing an order
9. You are deemed to place an order with us by ordering via our online checkout process. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgement, detailing the products you have ordered.
10. The contract is subject to your right of cancellation (see below).
11. Any order placed by you for goods advertised on our website is an offer by you to purchase the goods selected in your order. No contract exists between you and us for the sale of any goods until we have received your order and accepted it (which we may refuse to do at our discretion). Our acceptance of an order takes place when we dispatch the order or send you confirmation by email even if your payment has been processed beforehand.
12. There may be many reasons why we may decide to refuse at our discretion, to accept an order, some examples of which would include:
(a) where we cannot obtain authorisation for your payment;
(b) if there has been a pricing or product description error; or
(c) if you do not meet any eligibility criteria set out in our terms and conditions.
(d) where goods ordered by you are not available;
(e) if we do not deliver to your area;
13. Where we do not accept your order but have processed your payment, we will re-credit your account with any amount deducted by us from your debit or credit card as soon as possible, but in any event within 30 days of your order. We will not be obliged to pay any additional amount, whether as compensation for disappointment, for losses or expenses incurred, or for any reason whatsoever, nor will we be obliged to undertake any action to minimise or reduce any disadvantage you may feel has been occasioned to you as a result of our non-acceptance of your order.
14. You must observe and comply with all applicable regulations and legislation that may apply to your use of the products you purchase for us.
15. We make no representation and accept no liability in respect of the use of the goods you purchase save as may be imposed on us by law and according to whether or not your purchase was for a purpose unconnected with any business, trade, profession or craft.
16. Some of our products, such as security alarms, may require, in order to function, registration by you for a licence to use software in the product and the downloading and registration for use of an App. Details of any such registration and licence to use any such software and App may be provided by us or available on request. We do not provide such software, its registration nor licence its use or use of any such App and you must obtain same direct from the service and software supplier to whom we may refer you. Your contract for the use of all software and services required to operate the products is not with ourselves but direct with the company who provides such service and software. You agree that there is no liability on ourselves whatsoever for any loss or damages resulting from any failure of the service or software, including any App, to function as intended nor for any losses or damage that may as result as a consequence. In particular such failures do not entitle you to reimbursement of the monies paid to us to purchase the product or otherwise to cancel the contract with us for the sale to you of such product.
Payment can be made by any of the options advertised on our website. Payment shall be due before delivery.
Consumer right of return and refund
19. This clause only applies if you are a consumer. If you are a consumer, and not otherwise, you have a legal right to cancel a contract during the period set out below. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a product or service, you can notify us of your decision to cancel the contract and receive a refund. Advice about your legal right to cancel the contract is available from your local Citizens' Advice Bureau or Trading Standards office.
20. The cancellation right referred to in Clause 19 does not apply in the case of any custom-made products or products made to your specification, personalised, registered or configured with your personal data; including, but not limited to, software, mobile devices and security products.
21. If you are a Consumer and this is not a sale covered by Clause 20 above, then:-
(a) In the case of the sale of an item to be delivered, or several items delivered together, you have the right to cancel this contract within 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you to take possession on your behalf acquires, physical possession of the goods or;
(b) In the case of a sales contract under which multiple goods are ordered by the consumer in one order but some are delivered on different days, you have the right to cancel this contract within 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you to take possession acquires, physical possession of the last of the goods or;
22. To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post to Unit 7, Nags Corner, Wiston Road, Nayland, Suffolk, CO64LT or by e-mail to email@example.com) or by completion of the Cancellation Form set out in the Schedule below.
23. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation
24. If you are a consumer and you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
25. We may make a deduction from the reimbursement of the purchase price you paid for the products, but not from the delivery cost, for loss in value of any goods supplied, if the loss is the result of handling by you that goes beyond what is necessary to establish the nature, characteristics and functioning of the goods.
26. We will make the reimbursement without undue delay, and not later than-
(a) 14 days after the day we receive back from you any goods supplied, or
(b) (if earlier) 14 days after the day you provide evidence that you have returned the goods, or
(c) if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
27. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
28. If you have received goods in connection with the contract you shall send back the goods or hand them over to us at Unit 7 Nags Corner, Wiston Road, Nayland, Suffolk, CO64LT, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
29. You will have to bear the direct cost of returning the goods.
30. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
31. If you are not a consumer, then you have no right of cancellation, refund or return once we have accepted your offer to buy the goods or service, unless, under the law of contract, you have a legal right to cancel and you are cancelling it for that expressed reason.
32. We will deliver goods ordered by you as soon as possible to the address you give us for delivery, but in any event within 14 days of your order. However we reserve the right not to make deliveries outside the United Kingdom unless our ordering form specifically provides that facility.
33. Upon receipt of your order you will be asked to sign for the goods received in good condition.
34. If the package does not appear to be in good condition then please refuse the delivery. If you are unable to check the contents of your delivery at the point of delivery then please sign for the parcel as "UNCHECKED". Failure to do so may affect any warranty claims that you make thereafter.
35. If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing, at our contact address, of the problem within 14 working days of the delivery of the goods in question.
36. If you do not receive goods ordered by you within 14 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 14 days from the date on which you ordered the goods.
37. Business Purchases: If you are not a consumer and you fail take delivery of the Products then, without prejudice to any other rights and remedies available to us, we may:
(a) store the Products until actual delivery and charge you the reasonable costs (including, without limitation, insurance) of storage;
(b)sell the Products at the best readily obtainable price and either:– (i) where you have not already paid for the Products, account to you (after deducting all reasonable storage and selling expenses) for any excess over the price you agreed to pay for the Products or charge you for any shortfall below the price you agreed to pay for the Products; OR (ii) where you have already paid for the Products, account to you (after deducting all reasonable storage and selling expenses) for any proceeds received.
38. Goods dispatched to other countries outside of the EU may be liable to Import Duty, Tax or VAT. When ordering from us you agree to pay any such Duties which may be imposed by your country's government.
39. If you refuse to pay any Import Duty / Tax / VAT imposed and thereby prevent delivery of your order you will remain liable for the purchase price of the product/s and any Import Duty / Tax / VAT or penalty imposed by your government.
Title for Consumers
40. Title in any products ordered from us by you as a consumer does not pass to you, the purchaser, until we have received and processed a valid payment, and that payment has been made into our own bank account and your order has been shipped.
Title for Business Orders
41. If you are not a consumer then the Products are at your risk from the time of delivery.
42. Ownership of the Products shall not pass to you until we have received in full (in cash or cleared funds) all sums due to us in respect of: the Products; and all other sums which are or which become due to us from you on any account. We shall be entitled to recover payment for the Products even though ownership of any of the Products has not passed from us.
43. Whether or not you are a consumer, then until ownership of the Products has passed to you, you must:
(a) store the Products (at no cost to us) separately from all your other products and products of any third party in such a way that they remain readily identifiable as our property; and
(b) not destroy, deface or obscure any identifying mark or packaging on or relating to the Products; maintain the Products in satisfactory condition and keep them insured on our behalf for their full price against all risks
44. Your right to possession of the Products before receipt by us of payment in full shall terminate immediately if:
(a) you have a bankruptcy order made against you or make an arrangement or composition with your creditors, or otherwise take the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convene a meeting of creditors (whether formal or informal), or enter into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or have a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or a resolution is passed or a petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency or we have reason to believe that any of the above are likely to occur; or
(b) you suffer or allow any execution, whether legal or equitable, to be levied on your property or obtained against you or you are unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986 or you cease to trade; or
(c) you encumber or in any way change any of the Products.
45. You grant to us, our agents and employees an irrevocable licence at any time to enter any premises where the Products are or may be stored in order to inspect them, or, where your right of possession has terminated, to recover them.
Faulty Product, Damaged on Arrival
46. Please note that any products returned to us which you claim to be defective will be checked and verified by ourselves. Any returned products that are not found by ourselves to be defective will be returned to you and we shall charge you for the returned transport costs via your original payment method or hold the product until full payment has been received by us for the return transport costs.
47. If you notify a problem to us under this condition, our only obligation will be, at your option:
(a) to make good any shortage or non-delivery;
(b) to replace or repair any goods that are damaged or defective; or
(c) to refund to you the amount paid by you for the goods in question in whatever way we choose.
Limitation of Liability
48. The Company will not be liable to you for any loss or damage in circumstances where:
(a) There is no breach of a legal duty owed to you by us or by our employees or agents;
(b) Such loss or damage is not a reasonably foreseeable result of any such breach;
(c) Any increase in loss or damage resulting from breach by you of any term of this contract.
49. Whilst a manual may be included within the packaging of any product sold, it is at all times your responsibility to ensure correct installation and operation of any product and we will not be liable for any loss or damage, direct or consequential, resulting from incorrect and/or sub-optimal installation and/or operation.
50. As the product requires continuity of power to function correctly, we accept no liability for any loss or damage resulting in whole or in part from an electrical power failure.
51. If the product connects to the Internet as part of its functionality, then given that internet connections can fail from time to time and for reasons outside of our control and given that viruses, bugs, bots and other digital threats can be encountered through such connectivity, we can accept no liability whatsoever for any loss or damage caused to you and others as a result of a loss of such connection and/or caused by a virus, bug, bot or similar adverse digital threat.
52. If the product offers security measures for the user to take to reduce the risk of, and protect from, data privacy being breached then it is the sole responsibility of you the user to take such steps at all times. No liability whatsoever attaches to us for any loss or damage resulting from such data privacy breach.
53. Save as precluded by law, and whether or not you are a consumer, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill or loss of items due to burglary or theft whether or not caused by any malfunction or failure to function in the product sold) howsoever arising out of any problem you encounter with any product purchased from us whether as to its condition or functionality and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question as above.
54. Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
LINKS TO AND FROM OTHER WEBSITES
55. Links to third party websites on this website are provided solely for your convenience. If you use these links, you leave this website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this website, you do so entirely at your own risk.
56. On occasion, a product offered by advertisers on the Company’s web site, whether by the Company or others, may not be available at the time or at the price listed. In such event, or in the event a product or service is listed at an incorrect price or with incorrect information due to typographical error, technology effort, error in the date or length of availability, or error in pricing or product information received from our advertisers or other User, User agrees that Company is not responsible for such errors or discrepancies nor is to be prejudiced in any way in its business by the existence of such errors or discrepancies, and that User’s only course of action is to contact the appropriate advertiser or other User.
57. The Company may regularly send out a newsletter and/or other informational emails (collectively referred to as "Newsletters") to all Users. In these Newsletters, we may inform you about new products. User may choose to unsubscribe from the Newsletter at any time using the unsubscribe option at the bottom of our emails, or by writing to us at firstname.lastname@example.org or following the unsubscribe link contained in each of the emails. In the absence of taking such action to unsubscribe, the User consents to receive such newsletters and emails.
LICENCE AND COPYRIGHT
58. The Company web site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound and the entire content of the web site is copyrighted as a collective work under UK and International copyright laws. The Company owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law or these Terms, no copying, redistribution, retransmission, publication or commercial or non-commercial exploitation of downloaded material will be permitted without the express written permission of Company and the copyright owner. Elements of the web site are protected by trade dress, trademark, unfair competition and other laws and may not be copied or imitated in whole or in part, by any means, including but not limited to, the use of framing or mirrors.
59. You are permitted to print and download extracts from this website for your own private use on the following basis:
(a) no documents or related graphics on this website are modified in any way;
(b) no graphics on this website are used separately from accompanying text; and
(c)any of our copyright and trade mark notices and this permission notice appear in all copies.
60. In accordance with UK and International law, any notifications of claimed copyright infringement should be sent to us immediately. Such notification can be sent by email, to email@example.com or by letter to: Securistar Ltd, Unit 7, Nags Corner, Wiston Road, Nayland, Suffolk, CO64LT.
OBLIGATIONS OF USER
61. Use of this website https://www.home8alarm.co.uk, as described below, is prohibited. These descriptions are guidelines and are not intended to be exhaustive or all-inclusive.
62. Illegal/Criminal Activity: The Company web site may not be used in connection with criminal or civil violations of any laws, regulations, or other government rules or requirements. Such violations include theft or infringement of copyrights, trademarks, trade secrets, or other types of intellectual property; fraud; forgery; theft or misappropriation of funds, credit cards, or personal information; and threats of physical harm or harassment.
63. Security Violations : The Company web site may not be used in connection with attempts, whether successful or not, to violate the security of a network, service, or other system. Examples of prohibited activities include hacking, cracking into, monitoring, or using systems without authorization; scanning ports; conducting denial of service attacks; and distributing viruses or other harmful software.
64. Basic Security : User is responsible for maintaining the basic security of its computer system and to prevent its use by others in a manner that violates these Terms. Examples include: improperly securing a mail server so others can use it to distribute spam; improperly securing an FTP server so that it may be used by others to illegally distribute licensed software or media content. User is responsible for taking corrective actions on vulnerable or exploited systems to prevent continued abuse.
65. Threats : The Company web site may not be used to transmit materials of a threatening nature, including threats of death or physical harm, harassment, libel, and defamation.
Uses and Other Policies
66. a. When buying our products, you warrant and represent that all of the data provided by you is accurate and complete and does to no extent amount to misrepresentation, whether intentional or otherwise. User shall report any modifications in the data to the Company immediately upon any changes occurring.
b. You warrants and represents that you are of legal age (18 or older) to use our web site, at their time of use, or that you are a legal entity, created by operation of law.
c. You may download or print a single copy of any portion of the content solely for personal, non-commercial use, provided you do not remove any trademark, copyright or other notice from such content.
Requests to use Company content for any purpose other than as permitted in these Terms shall be directed to Company at: firstname.lastname@example.org
d) You shall not post online any review or comment on the Company or its products that is not truthful, accurate and fair and without sending , forthwith on posting to the Internet, a copy of such comment to the Company at email@example.com and ensuring that the Company may post a response to the same website at which the comment was posted. If the website at which the comment was posted does not permit a response from the Company, then you agree to post, within 3 days of receiving such from the Company, an additional comment to such website which includes in full the response, if any, of the Company.
67. While the Company uses reasonable efforts to include accurate and up-to-date information, the Company specifically disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in any and all Company web sites, including, but not solely, in the Knowledgebase and Review sections, either now operating or created in the future. The Company disclaims any responsibility or liability for the deletion, failure to store, mis-delivery, or untimely delivery of any information or material. The Company disclaims any responsibility or liability for any harm resulting from downloading or accessing any information or material on the Internet through the Company web site.
68. The Company does not make any warranties or representations regarding any data, service and/or information provided or made available by any user on any of the Company web sites or on any external web sites linked to them. In particular, the Company does not warrant or represent that said data, service and/or information is true or accurate, or that it fulfils or serves any particular purpose.
69. Without limiting the foregoing, under no circumstances shall the Company be held liable for any delay or failure in performance of the product resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of 3rd-parties, or loss of or fluctuations in heat, light, or air conditioning.
70. COMPANY WEB SITES AND ALL MATERIALS, INFORMATION, PRODUCTS INCLUDED IN THE COMPANY WEB SITES, ARE PROVIDED "AS IS," WITH NO WARRANTIES EXPRESSED OR IMPLIED. THE COMPANY EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. THE COMPANY DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE COMPANY WEB SITES. COMPANY DISCLAIMS, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE COMPANY WEB SITES. THE COMPANY DISCLAIMS ANY WARRANTIES FOR PRODUCTS RECEIVED THROUGH OR ADVERTISED ON THE COMPANY WEB SITES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE COMPANY WEB SITES AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS OR ANY USER CONTRIBUTIONS PROVIDED TO THE COMPANY WEB SITES.
71. THE USER UNDERSTANDS AND AGREES THAT THEY DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE COMPANY WEB SITES AT THEIR OWN DISCRETION AND RISK AND THAT THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO THEIR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
72. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY IN ALL CASES. THE USER MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
73. THE COMPANY AND ITS WEB SITES ARE NOT RESPONSIBLE OR LIABLE FOR CONTENT POSTED BY USERS, 3rd-PARTIES, ACTIONS OF ANY 3rd-PARTY OR FOR ANY DAMAGE TO, OR VIRUS THAT MAY INFECT, A USER’S COMPUTER EQUIPMENT OR OTHER PROPERTY.
74. The Company may modify, suspend, discontinue or restrict the use of any portion of the Company web site, including the availability of any portion of the content at any time, without notice or liability.
75. User acknowledge and agree that it is virtually impossible to achieve continuous, uninterrupted availability of the Company or any other, web site. While we endeavour to ensure that this website is normally available 24 hours a day, we will not be liable if for any reason this website is unavailable at any time or for any period. Access to this website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
76. Our liability (and that of our officers, directors, employees, shareholders or agents) of any kind (including our own negligence) with respect to our website for any one event or series of related events is limited to the total fees which you have paid to us in the 12 months before the event(s) complained of.
77. In no event (including our own negligence) will we be liable for any:
(a) economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
(b) loss of goodwill or reputation;
(c) special, indirect or consequential losses; or
(d) damage to or loss of data
(even if we have been advised of the possibility of such losses).
78. Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.
79. You agree to indemnify, defend and hold harmless the Company, its web site(s) and each of its respective advertisers, partners, suppliers, licensors, officers, directors, shareholders, employees, representatives, contractors, agents and sub-licensees, from any and all claims (including but not limited to claims for defamation, trade disparagement, privacy and intellectual property infringement) and damages (including lawyer's fees and court costs) arising from or relating to any allegation regarding:
1. Your use of the Company web site(s);
2. The Company's use of any your content or information, as long as such use is not inconsistent with these Terms;
3. Information or material provided through your IP address, even if not posted by you or
4. Any violation of these Terms by you.
80. You will agree to participate in a form of alternative dispute resolution accredited by the Trading Standards Institute of the United Kingdom under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and recommended, as appropriate for the nature of the dispute.
You should note that at all times you are entitled to file a complaint at the European Union website at https://ec.europa.eu/consumers/odr .
GOVERNING LAW AND JURISDICTION
81. These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts where the claim is brought by you. We nevertheless retain the right to bring proceedings against you for any threatened or actual breach of these terms and conditions in your country of residence, registration or business or any other relevant country.
82. We do not warrant that materials or information for sale on the website are appropriate or available for use outside the United Kingdom. It is prohibited to access the website from territories where its contents are illegal or unlawful. If you access this website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.
83. If any provision of these Terms is, for any reason, invalid and/or unenforceable, as determined in an appropriate Court of proper jurisdiction, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law. You agree to our replacing an invalid and/or unenforceable provision with a valid and/or enforceable provision that most closely approximates the intent and economic effect of the invalid and/or unenforceable provision and shall be interpreted most favourably, when possible, to the benefit of the Company.
84 The section titles used in these Terms are purely for convenience and carry with them no legal or contractual effect.
85. Any complaints regarding violations of these Terms by a User should be directed to customer services at firstname.lastname@example.org. Where possible, include details that would assist the Company in investigating and resolving the complaint (i.e. expanded headers and a copy of the offending transmission).
86. Complaints Procedure: We are very proud of our high standards of customer service however, in the event that we fail in meeting these standards; please do not hesitate to contact us.
87. You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions.
88. If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.
89. No person other than the parties to these terms and conditions are intended to benefit from them pursuant to the Contracts (Rights of Third Parties) Act 1999.
90. These Terms represent the entire understanding between the user and the Company and supersedes any prior statements or representations. THE USER AGREES TO THE TERMS OF THIS ONLINE AGREEMENT, by using the web site, sign up, posting, downloading and uploading content, and understands that it is entering into a binding and legal agreement with Company.
91. You agree to file any claim regarding any aspect of this web site or these Terms within six (6) months of the time in which the events giving rise to such alleged claim began, or you agree to waive such claim. You also agree that no claim subject to these Terms may be brought as a class action or in any other jurisdiction than English courts.
Contact Information : Our contact details are as follows:
Company Name: Securistar Ltd of at Unit 7, Nags Corner, Wiston Road, Nayland, Suffolk, CO64LT. General email: email@example.com
Telephone: 0330 22 33 925
MODEL CANCELLATION FORM
To: <trader's name, address, fax and email>
I/We * hereby give notice that I/We * cancel my/our * contract of sale of the following goods */for the supply of the following service *,
Ordered on * /received on * ,
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),