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BACKGROUND:
This agreement applies as between you, the User of this Web Site and The Sharp
Practice Limited, the owner(s) of this Web Site. Your agreement to comply with
and be bound by these Terms and Conditions is deemed to occur upon your first
use of the Web Site. If you do not agree to be bound by these Terms and Conditions,
you should stop using the Web Site immediately.
No part of this Web Site is intended to constitute a contractual offer
capable of acceptance. Your order constitutes a contractual offer and our acceptance
of that offer is deemed to occur upon our sending a dispatch email to you indicating
that your order has been fulfilled and is on its way to you.
1. Definitions and Interpretation In this Agreement the following terms shall have the following meanings:
“Account” means collectively the personal information, Payment Information
and credentials used by Users to access Paid Content and / or any communications
System on the Web Site;
“Content” means any text, graphics, images, audio,
video, software, data compilations and any other form of information capable
of being stored in a computer that appears on or forms part of this Web Site;
“Sharp Practice” means The Sharp Practice Limited 2/8 Catherine Street;
Salisbury Wiltshire SP1 2DA;
“Service” means collectively any online facilities,
tools, services or information that The Sharp Practice Ltd makes available
through the Web Site either now or in the future;
“Services” means the services
available to you through this Web Site, specifically online shopping services.
“Payment Information” means any details required for the purchase of
Services from this Web Site. This includes, but is not limited to, credit /
debit card numbers, bank account numbers and sort codes;
“Purchase
Information” means collectively any orders, invoices, receipts or similar that may be in
hard copy or electronic form; “Premises” Means our place(s) of business located
at 2/8 Catherine Street; Salisbury Wiltshire SP1 2DA;
“System” means any online
communications infrastructure that Sharp Practice Limited makes available through
the Web Site either now or in the future. This includes, but is not limited
to, web-based email, message boards, live chat facilities and email links;
“User” / “Users” means any third party that accesses the Web Site and is not
employed by The Sharp Practice Limited and acting in the course of their employment;
and
“Web Site” means the website that you are currently using (http://www.sharp-practice.com)
and any sub-domains of this site (e.g. subdomain.sharp-practice.com) unless
expressly excluded by their own terms and conditions.
2. Age Restrictions
Persons under the age of 18 should use this Web Site only with the supervision
of an Adult. Payment Information must be provided by or with the permission
of an Adult. 3. Business Customers
These Terms and Conditions also apply to customers procuring Services
in the course of business. 4. Intellectual Property
4.1 Subject to the exceptions in Clause 5 of these Terms and Conditions,
all Content included on the Web Site, unless uploaded by Users, including,
but not limited to, text, graphics, logos, icons, images, sound clips, video
clips, data compilations, page layout, underlying code and software is the
property of The Sharp Practice Limited, our designer or other relevant third
parties. By continuing to use the Web Site you acknowledge that such material
is protected by applicable United Kingdom and International intellectual property
and other laws.
4.2 Subject to Clause 6 you may not reproduce, copy, distribute,
store or in any other fashion re-use material from the Web Site unless otherwise
indicated on the Web Site or unless given express written permission to do
so by Sharp Practice or Primal Media. 5. Third Party Intellectual Property
5.1 Unless otherwise expressly indicated, all Intellectual Property rights
including, but not limited to, Copyright and Trademarks, in product images
and descriptions belong to the manufacturers or distributors of such products
as may be applicable.
5.2 Subject to Clause 6 you may not reproduce, copy,
distribute, store or in any other fashion re-use such material unless otherwise
indicated on the Web Site or unless given express written permission to do
so by the relevant manufacturer or supplier. 6. Fair Use of
Intellectual Property
Material from the Web Site may be re-used without written permission
where any of the exceptions detailed in Chapter III of the Copyright Designs
and Patents Act 1988 apply. 7. Links to Other Web Sites
This Web Site may contain links to other sites. Unless expressly stated,
these sites are not under the control of The Sharp Practice Limited or that
of our affiliates. We assume no responsibility for the content of such web
sites and disclaim liability for any and all forms of loss or damage arising
out of the use of them. The inclusion of a link to another site on this Web
Site does not imply any endorsement of the sites themselves or of those in
control of them. 8. Links to this Web Site
Those wishing to place a link to this Web Site on other sites may do
so only to the home page of the site http://www.sharp-practice.com without
prior permission. Deep linking (i.e. links to specific pages within the site)
requires the express permission of Primal Media. To find out more please contact
us by email at
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. 9. Use of Communications Facilities
9.1 When using the enquiry form or any other System on the Web Site you
should do so in accordance with the following rules:
9.1.1 You must not use
obscene or vulgar language;
9.1.2 You must not submit Content that is unlawful
or otherwise objectionable. This includes, but is not limited to, Content that
is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
9.1.3
You must not submit Content that is intended to promote or incite violence;
9.1.4 It is advised that submissions are made using the English language(s)
as we may be unable to respond to enquiries submitted in any other languages;
9.1.5 The means by which you identify yourself must not violate these
terms of use or any applicable laws;
9.1.6 You must not impersonate other people,
particularly employees and representatives of The Sharp Practice or our affiliates;
and
9.1.7 You must not use our System for unauthorised mass-communication such
as “spam” or “junk mail”.
9.2 You acknowledge that The Sharp Practice Limited
reserves the right to monitor any and all communications made to us or using
our System. 10. Accounts
10.1 In order to procure Services on this Web Site and to use the
shopping system facilities you are required to create an Account which will
contain certain personal details and Payment Information which may vary based
upon your use of the Web Site as we may not require payment information until
you wish to make a purchase. By continuing to use this Web Site you represent
and warrant that: 10.1.1 all information you submit is accurate and truthful;
10.1.2 you have permission to submit Payment Information where permission
may be required; and
10.1.3 you will keep this information accurate and up-to-date.
Your creation of an Account is further affirmation of your representation
and warranty.
10.2 It is recommended that you do not share your Account details,
particularly your username and password. The Sharp Practice Limited accepts
no liability for any losses or damages incurred as a result of your Account
details being shared by you. If you use a shared computer, it is recommended
that you do not save your Account details in your internet browser.
10.3 If
you have reason to believe that your Account details have been obtained by
another without consent, you should contact The Sharp Practice Limited immediately
to suspend your Account and cancel any unauthorised orders or payments that
may be pending. Please be aware that orders or payments can only be cancelled
up until provision of Services has commenced. In the event that an unauthorised
provision commences prior to your notifying us of the unauthorised nature of
the order or payment, The Sharp Practice Limited accepts no liability or responsibility
and you should make contact with the third party payment service provider detailed
in the purchase information so that suspension of provision of Services and
the withdrawal of any scheduled payments can be made pending investigation.
Following investigation, it shall be determined whether or not to cancel the
Services and make a full or partial refund of the payment.
10.4 When choosing
your username you are required to adhere to the terms set out above in Clause
9. Any failure to do so could result in the suspension and/or deletion of your
Account. 11. Termination and Cancellation
11.1 Either The Sharp Practice Limited or you may terminate your Account.
If The Sharp Practice Limited terminates your Account, you will be notified
by email and an explanation for the termination will be provided. Notwithstanding
the foregoing, we reserve the right to terminate without giving reasons.
11.2
If The Sharp Practice Limited terminates your Account, any current or pending
orders or payments on your Account will be cancelled and provision of Services
will not commence.
11.3 The Sharp Practice Limited reserves the right to cancel
orders or payments without stating reasons, for any reason prior to processing
payment or commencing Services provision.
11.4 If orders or payments are cancelled
for any reason prior to commencement of Services provision you will be refunded
any monies paid in relation to those purchases.
11.5 If you terminate your
Account any non-completed orders or payments will be cancelled and you will
be refunded any monies paid in relation to those orders. 12. Services, Pricing
and Availability
12.1 Whilst every effort has been made to ensure that all
descriptions of Services available from The Sharp Practice Limited correspond
to the actual Services, The Sharp Practice Limited is not responsible for any
variations from these descriptions. This does not exclude our liability for
mistakes due to negligence on our part and refers only to variations of the
correct Services, not different Services altogether. Please refer to sub-Clause
13.4 for incorrect Services.
12.2 Where appropriate, you may be required to
select the required size and colour of items required.
12.3 The Sharp Practice
Limited does not represent or warrant that such Services will be available.
Availability indications are not provided on the Web Site, however, if in the
unlikely event that products become unavailable, The Sharp Practice Limited
will contact you with alternative arrangements.
12.4 All pricing information
on the Web Site is correct at the time of going online. The Sharp Practice
Limited reserves the right to change prices and alter or remove any special
offers from time to time and as necessary. All pricing information is reviewed
and updated every 6 weeks.
12.5 In the event that prices are changed during
the period between an order being placed for Services and The Sharp Practice
Limited processing that order and taking payment, provision of Services shall
commence as per your order and you will be charged the original price.
12.6
All prices on the web site include VAT, unless otherwise stated. The Sharp
Practice Limited VAT number is 816337627. 13. Provision of Services
13.1 Provision of Services shall commence when full payment has been
received or as otherwise detailed in the Terms & Conditions pertaining directly
to those Services.
13.2 The Sharp Practice Limited shall use its best endeavours
to provide the Services with reasonable skill and care.
13.3 Provision of all
Services shall be subject to the terms and conditions pertaining directly to
those Services.
13.4 In the event that Services are provided that are not in
conformity with your order and thus incorrect, you should contact us within
10 days to inform us of the mistake. The Sharp Practice Limited will ensure
that any necessary corrections to the Services provided are made within 7 working
days.
13.5 The Sharp Practice Limited reserves the right to exercise discretion
with respect to any alterations to Services under the provisions of this Clause
13. Factors which may be taken into account in the exercise of this discretion
include, but are not limited to:
13.5.1 Any use or enjoyment that you may have
already derived from the Services;
13.5.2 Any characteristics of the Services
which may mean that cessation of provision is impossible without significant
further work on the part and at the expense of The Sharp Practice Limited.
Such discretion to be exercised only within the confines of the law. 14.
Privacy
Use of the Web Site is also governed by our privacy policy which is incorporated
into these terms and conditions by this reference. 15. Disclaimers
15.1 The Sharp Practice Limited makes no warranty or representation
that the Web Site will meet your requirements, that it will be of satisfactory
quality, that it will be fit for a particular purpose, that it will not infringe
the rights of third parties, that it will be compatible with all systems, that
it will be secure and that all information provided will be accurate. We make
no guarantee of any specific results from the use of our Service or Services.
15.2 No part of this Web Site is intended to constitute advice and
the Content of this Web Site should not be relied upon when making any decisions
or taking any action of any kind.
15.3 No part of this Web Site is intended
to constitute a contractual offer capable of acceptance. 16.
Changes to the Service and these Terms and Conditions
The Sharp Practice Limited reserves
the right to change the Web Site, its Content or these Terms and Conditions
at any time. You will be bound by any changes to the Terms and Conditions from
the first time you use the Web Site following the changes. If The Sharp Practice
Limited is required to make any changes to Terms and Conditions by law, these
changes will apply automatically to any orders currently pending in addition
to any orders placed by you in the future. 17. Availability
of the Web Site
The Service is provided “as is” and on an “as available” basis. We give
no warranty that the Service will be free of defects and / or faults. To the
maximum extent permitted by law we provide no warranties (express or implied)
of fitness for a particular purpose, accuracy of information, compatibility
and satisfactory quality. The Sharp Practice Limited accepts no liability for
any disruption or non-availability of the Web Site resulting from external
causes including, but not limited to, ISP equipment failure, host equipment
failure, communications network failure, power failure, natural events, acts
of war or legal restrictions and censorship. 18. Limitation of Liability
18.1 To the maximum extent permitted by law, The Sharp Practice Limited
accepts no liability for any direct or indirect loss or damage, foreseeable
or otherwise, including any indirect, consequential, special or exemplary damages
arising from the use of the Web Site or any information contained therein.
Users should be aware that they use the Web Site and its Content at their own
risk.
18.2 Nothing in these Terms and Conditions excludes or restricts The
Sharp Practice Limited’s liability for death or personal injury resulting from
any negligence or fraud on the part of The Sharp Practice Limited.
18.3 Nothing
in these Terms and Conditions excludes or restricts The Sharp Practice Limited’s
liability for any direct or indirect loss or damage arising out of the incorrect
provision of Services or out of reliance on incorrect information included
on the Web Site.
18.4 Whilst every effort has been made to ensure that these
terms and conditions adhere strictly with the relevant provisions of the Unfair
Contract Terms Act 1977, in the event that any of these terms are found to
be unlawful, invalid or otherwise unenforceable, that term is to be deemed
severed from these terms and conditions and shall not affect the validity and
enforceability of the remaining terms and conditions. This term shall apply
only within jurisdictions where a particular term is illegal. 19.
No Waiver
In the event that any party to these Terms and Conditions fails to exercise
any right or remedy contained herein, this shall not be construed as a waiver
of that right or remedy. 20. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any
prior versions thereof, the provisions of these Terms and Conditions shall
prevail unless it is expressly stated otherwise. 21. Notices
All notices / communications shall be given to us either by post to our
Premises (see address above) or by email to
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. Such notice
will be deemed received 3 days after posting if sent by first class post, the
day of sending if the email is received in full on a business day and on the
next business day if the email is sent on a weekend or public holiday. 22.
Law and Jurisdiction
These terms and conditions and the relationship between
you and The Sharp Practice Limited shall be governed by and construed in accordance
with the Law of England and Wales and The Sharp Practice Limited and you agree
to submit to the exclusive jurisdiction of the Courts of England and Wales.
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