WEBSITE USE POLICY
IMPORTANT LEGAL NOTICE
THESE TERMS APPLY TO THE ENTIRE CONTENTS OF AND SERVICES
OR GOODS YOU ORDER THROUGH THIS WEBSITE UNDER THE DOMAIN
NAME www.bornandgone.com ("WEBSITE") AND TO
ANY CORRESPONDENCE (INCLUDING BUT NOT LIMITED TO E-MAIL,
TELEPHONE, FAX, POST, OR OTHERWISE) BETWEEN US AND YOU.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE
OR ORDERING ANY SERVICES. USING THIS WEBSITE INDICATES
THAT YOU ACCEPT THESE TERMS AND PRIVACY POLICY REGARDLESS
OF WHETHER OR NOT YOU CHOOSE TO ORDER ANY SERVICES OR
USE THIS WEBSITE. IF YOU DO NOT ACCEPT THESE TERMS, PLEASE
DO NOT USE THIS WEBSITE. THIS NOTICE IS ISSUED BY bornandgone.com.
PLEASE VIEW OUR PRIVACY POLICY FOR MORE DETAILS REGARDING USE OF YOUR INFORMATION PROVIDED TO US DURING YOUR VISIT TO OUR WEBSITE. PLEASE NOTE THAT WHEN IT COMES TO PROVIDING US WITH PERSONAL DETAILS, THESE ARE CAPTURED ON THE PAYMENT PAGES, HELD ON THE NOCHEX SITE AND NOCHEX IS FOR THE PURPOSES OF DATA PROTECTION THE DATA CONTROLLER. THOSE DETAILS ARE PASSED BACK TO US AS A DATA FILE AND AS AN E-MAIL IN ORDER TO PROCESS YOUR ORDERS. YOU ARE ONLY PERMITTED ACCESS TO THE PAYMENT PAGES IF YOU CHECK THE "I ACCEPT" BOX TO CONFIRM YOUR ORDER ON THE ORDER SUMMARY PAGE.
1. Introduction
1.1 bornandgone.com may revise these Terms at any time by updating this posting. As these Terms are binding upon you bornandgone.com recommends you check this Website from time to time to review the then current Terms.
2. Licence
2.1 You are permitted to print and download extracts from this Website for your own personal non-commercial 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) bornandgone.com's and other proprietary owners copyright and trade mark notices and this permission notice appear in all copies.
2.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by bornandgone.com or its licensors. For the purposes of these Terms, any use of extracts from this Website other than in accordance with clause 2.1 above for any purpose is prohibited. If you breach any of these Terms, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
2.3 Subject to clause 2.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without bornandgone.com's prior written permission.
2.4 Any rights not expressly granted in these terms are reserved by bornandgone.com.
3. Service access
3.1 This bornandgone.com website and your pages ("Your Web Pages") posted on the bornandgone.com website will be hosted by subcontracting the host services to selected third parties (the "Host Provider"), details of which are available upon request.
3.2 The extent of bornandgone.com's service levels, responsibility and liability for host services is limited to the terms set out in the Host Provider's host service terms which are available upon request
3.3 Subject to clauses 3.1 and 3.2, while bornandgone.com endeavours to ensure that this Website and Your Web Pages are available 24 hours a day, bornandgone.com will not be liable if for any reason this Website or Your Web Pages are unavailable at any time or for any period.
3.4 Access to this Website and Your Web Pages may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond bornandgone.com's control.
4. Visitor material and conduct
4.1 Other than personally identifiable information ("Personal Data"), which is covered under the Privacy Policy and material you post to Your Web Pages, any other material you transmit or post to this Website will be considered non-confidential and non-proprietary. Apart from Personal Data, bornandgone.com will have no obligations with respect to all such material. Bornandgone.com and its designees will be free to copy, disclose, distribute, incorporate and otherwise use any material submitted to the Website and Your Web Pages and all data, images, sounds, text and other things embodied therein exclusively for all commercial or non-commercial purposes in connection with providing you with their services;
4.2 Personal order, contact, address and cardholder details are captured by bornandgone.com and Nochex. Nochex are a separate entity from bornandgone.com and supply payment services so that the customer is able to use their credit/debit cards for payment. Nochex's terms and conditions and Privacy Policy for your use of their payment services are available on the payment pages. Alternatively you may contact them at [customerservice@nochex.com]. Nochex will create a customer account, which a customer can access without going through the bornandgone.com website. We own no responsibility for this activity and exclude all liability associated with your use of the Nochex service through that channel.
4.3 You are prohibited from posting or transmitting to or from this Website and Your Web Pages any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
(b) for which you have not obtained all necessary licences and/or approvals;
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
4.4 You may not misuse the Website (including, without limitation, by hacking).
4.5 You are entirely responsible for all content on Your Web Pages within the bornandgone.com website, and the responsibility for removing the content described in clause 4.3 is yours.
4.6 Notwithstanding clause 4.5 above, bornandgone.com reserves the right to remove any content from this Website and from Your Web Pages, including without limitation text, photos, audio clips, video clips, password protected content and postings on message boards. In addition bornandgone.com will fully co-operate with any Subject Access Rights requests as defined in the Data Protection Act 1998, law enforcement authorities or court order requesting or directing bornandgone.com to disclose the identity or locate anyone posting any material in breach of clauses 4.3 or 4.4.
5. Links to and from other websites
5.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. Bornandgone.com has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. Bornandgone.com therefore does 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.
5.2 You must seek permission from any third party website you wish to link to Your Web Pages.
5.3 In any event, you must not replicate any part of this Website other than for the purposes set out in clause 2.1 and subject to the following conditions:
(a) you do not remove, distort or otherwise alter the size or appearance of bornandgone.com's or any other proprietary owner's mark or logo;
(b) you do not create a frame or any other browser or border environment around this Website;
(c) you do not in any way imply that bornandgone.com is endorsing any products or services other than its own;
(d) you do not misrepresent your relationship with bornandgone.com nor present any other false information about bornandgone.com;
(e) you do not otherwise use any Company or other proprietors trade marks or logos displayed on this Website without express written permission from bornandgone.com or such owner;
(f) you do not link to and from any website ; and
(g) you do not use the material or content that is in bornandgone.com's opinion distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
5.4 bornandgone.com expressly reserves the right to revoke the right granted in clause 5.2 for breach of these terms and to take any action it deems appropriate.
5.5 You shall fully indemnify bornandgone.com for any loss or damage (including all professional fees) suffered by bornandgone.com or any of its group companies for breach of clauses 4, 5.2 and 5.3.
6. Disclaimer
6.1 While bornandgone.com endeavours to ensure that the information on this Website is correct, bornandgone.com does not warrant the accuracy and completeness of the material on this Website. bornandgone.com may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and bornandgone.com makes no commitment to update such material.
6.2 The material on this Website is provided "as is" without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, bornandgone.com provides you with this Website on the basis that bornandgone.com excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for this legal notice might have effect in relation to this Website.
7. Liability
7.1 The following limits and exclusions of bornandgone.com's liability are in addition to the limits and exclusions set out in Section 2 of these bornandgone.com Terms. However, the customer's statutory rights remain unaffected.
7.2 bornandgone.com, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of bornandgone.com's group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise in connection with:-
(a) this Website in any way;
(b) any websites linked to this Website or the material on such websites; and
(c) the sale to you of Your Web Pages, services and goods
including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
7.3 Nothing in this legal notice shall exclude or limit bornandgone.com's 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.
7.4 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you shall be liable for all costs thereof.
8. Governing law and jurisdiction
This legal notice shall be governed by and construed in accordance with English law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the English courts.
TERMS OF SALE
1. Description and price of items on offer
1.1 The description and price of the items you order will be as shown on www.bornandgone.com at the time you place your order.
1.2 bornandgone.com may change these terms of sale without notice to you in relation to future sales. A copy of our terms will be available to view at www.bornandgone.com.
2. Data protection
bornandgone.com will take all reasonable precautions to keep the details of your order and payment secure, but unless bornandgone.com is negligent, bornandgone.com will not be liable for unauthorised access to information supplied by you
These terms of sale are subject to English law, and the English courts will have exclusive jurisdiction in respect of any dispute arising from the contract.
