|1.||Application of terms|
These terms and conditions (the "Terms and Conditions") shall apply to use of www.smiffys.com ("Website"). Use of the Website will be deemed conclusive acceptance of these Terms and Conditions by a user ("User"). The Website is operated by RH Smith & Son (Wigmakers) Ltd trading as Smiffy's ("Smiffy's"), a limited company registered in England whose registered office is situated at Peckett Plaza, Gainsborough Business Park, Caldicott Drive, Gainsborough, Lincolnshire DN21 1FJ (VAT registration number GB 129 5795 28).
Smiffy's may, from time to time, restrict access to certain features, parts or content of the Website, or the entire Website, to registered users. Users must ensure that any registration details provided are accurate. Users that choose, or are provided with, a log-on ID (such as a username and password or other identifier) as part of Smiffy's security procedures, must treat such information as confidential and must not disclose it to third parties. Users are responsible for all activities that occur under their log-on ID and must notify Smiffy's immediately of any unauthorised use or other security breach of which Users become aware. Smiffy's reserves the right to disable any log-on ID, at any time, if it believes a User has failed to comply with any of the provisions of these Terms and Conditions or if any details a User provides for the purposes of registering as a user prove to be false
Smiffy's is unable to guarantee that operability of the Website will be continuous and without interruption or entirely error-free. Smiffy's reserves the right, from time to time, to withdraw, suspend or modify, at its discretion and without notice to Users, the whole Website, part of the Website or its content or specific features. From time to time the whole Website, part of the Website or its content or specific features may become unavailable either on a scheduled or unscheduled basis. Smiffy's shall not be liable to Users or to any third party for any withdrawal, suspension, modification or unavailability of the Website, part of the Website or any of its content or specific features. Users shall be responsible for ensuring their computer system satisfies all requisite specifications to facilitate access to the Website and is compatible with the software used by the Website.
|3.||Permitted use of the Website|
|3.1||Users may only use the Website in accordance with these Terms and Conditions. Subject to clause 3.4, Users may:|
|(a)||retrieve and display content from the Website on a computer screen;|
|(b)||print and copy individual Website pages; and/or|
|(c)||store such Website pages in electronic form.|
|3.2||Additional terms may, where indicated, also apply to part of the Website or its content or specific features.|
|3.3||Use of the Website by Users, including use of anything available on the Wesbite, must be in accordance with all applicable laws and regulations, and not in a way that might cause damage to Smiffy's' brand or reputation or that of any of its affiliates.|
|3.4||Users shall not, unless expressly provided for in these Terms and Conditions:|
|(a)||remove or modify any content of the Website;|
|(b)||disrupt the functionality of the Website or the servers on which it is hosted;|
|(c)||store Website pages on a server or any such other storage device connected to a network;|
|(d)||attempt to circumvent security of the Website;|
|(e)||creating an electronic database by methodically downloading and accumulating all of the Website pages; or|
without prior written consent from Smiffy's, create links to the Website from any other website, unless to a website operated by the User on the condition that: (i) the link indicates its destination and is not misleading or deceptive, and does not imply endorsement from Smiffy's of any website, products or services other than those of Smiffy's; and (ii) the linked website does not contain any content that is unlawful, pornographic or obscene, libellous, indecent, offensive, abusive or which infringes on the intellectual property rights including those rights of any third party.
|3.5||All rights granted to a User under these Terms and Conditions shall terminate immediately in the event of a breach of any of these Terms and Conditions by a User.|
Save for any user-generated content, Smiffy's shall endeavour to ensure that all information contained on the Website is correct. Smiffy's shall not be responsible for any reliance on any information contained on the Website by Users and Smiffy's does not intend for any such information to amount to authority or advice on which reliance should be placed. Smiffy's makes or gives no representation or warranty, save as provided by Smiffy's Standard Terms of Sale, as to the reliability, accuracy, quality or fitness for purpose, completeness, integrity or originality of any content of the Website. All implied warranties, conditions or other terms of any kind are hereby excluded, to the fullest extent permitted by law. Smiffy's accepts no liability for any loss or damage of any kind incurred as a result of Users' use of the Website or relying on any of its content, to the fullest extent permitted by law.
|4.2||Smiffy's reserves the right to change the format and content of the Website from time to time.|
Smiffy's is unable to guarantee that any content of the Website will be free from viruses and/or other code that may have contaminating or destructive elements. Users are responsible for implementing the appropriate IT security safeguards (including anti-virus and other security checks) to satisfy their particular requirements as to the safety and reliability of content. Users agree that use of the Website is on an 'as is' and 'as available' basis and at Users' sole risk.
All intellectual property rights in any content of the Website (including, without limitation, trade marks and logos, software, text, graphics, videos, sound, photographs and other images) are owned by Smiffy's or its licensors. Nothing in these Terms and Conditions gives Users any rights in respect of any intellectual property owned by Smiffy's or its licensors and Users agree that they shall not acquire any ownership rights by downloading content from the Website. Users shall ensure that any copyright, trade mark or other intellectual property right notices contained in the original content are reproduced if Users copy or store Website pages in accordance with these Terms and Conditions.
|5.||Links to other websites|
The Website may include links to external sites from time to time and Smiffy's is not responsible for the content or privacy policies of these sites or for anything provided by them and is unable to guarantee that they will be continuously available.
The inclusion of links to other websites does not imply any endorsement of, or association with, their operators on the part of Smiffy's.
|6.1||In no event shall Smiffy's be liable to Users for any indirect or consequential loss or for any loss of profit, revenue, contracts, data, goodwill or other similar losses. Nothing in these Terms or Conditions shall limit or exclude our liability for death or personal injury caused by Smiffy's' negligence or for fraudulent misrepresentation or any other liability that may not, under English law, be limited or excluded.|
|6.2||Any formal legal notices should be sent to Smiffy's at the address set out in clause 10 by email and confirmed by post.|
|6.3||Failure by Smiffy's to enforce a right does not result in waiver of such right.|
|6.4||Users may not assign or transfer rights under these Terms and Conditions.|
|6.5||If any part of these Terms and Conditions is found to be unenforceable as a matter of law, all other parts of these Terms and Conditions shall be unaffected and shall remain in force.|
|6.6||These Terms and Conditions shall be governed by, and shall be construed in accordance with, English law. Smiffy's and Users agree that any dispute between the parties regarding the Website or arising out of or in connection with these Terms and Conditions will only be dealt with by the English courts. Nothing shall prevent Smiffy's from bringing proceedings to protect intellectual property rights before any competent court.|
|6.7||Smiffy's reserves the right to vary these Terms and Conditions from time to time. These Terms and Conditions were last updated on 16 December 2009.|
|Any queries or comments in relation to these Terms and Conditions should be directed to Smiffy's by email to email@example.com, or alternatively by writing to Smiffy's at:|
Gainsborough Business Park
Lincolnshire DN21 1FJ