WEBSITE TERMS AND CONDITIONS
You must only use the Website in accordance with these Terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with the Terms and any applicable laws.
While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:
We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content.
We do not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.
If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.
You agree to be bound by our Privacy Policy, which can be found on www.blindbliss.co.uk/privacy-policy.
To the extent that the provisions of any applicable law shall impose restrictions on the extent to which liability can be excluded under these Terms including, for the avoidance of doubt, the provisions of sections 3, 6 and 11 of the Unfair Contract Terms Act 1977 in the UK (and its equivalent in any other jurisdiction) relating to the requirement of reasonableness, the exclusions set out in this clause shall be limited in accordance with such restrictions. However, any exclusions of liability that are not affected by such restrictions shall remain in full force and effect.
(c) | Nothing in these Terms shall exclude or limit a party’s liability for fraud or intentional | |
unlawful conduct by a party, or death or personal injury resulting from a party’s | ||
negligence. | ||
11 | GENERAL | |
11.1 | GOVERNING LAW AND JURISDICTION | |
This agreement and any dispute or claim (including non-contractual disputes or claims) arising out | ||
of or in connection with it or its subject matter or formation shall be governed by and construed in | ||
accordance with the law of England and Wales. Each party irrevocably agrees that the courts of | ||
England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non- | ||
contractual disputes or claims) arising out of or in connection with this agreement or its subject | ||
matter or formation. | ||
11.2 | THIRD PARTY RIGHTS | |
This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act | ||
1999 to enforce any term of this agreement. | ||
11.3 | WAIVER | |
No party to this agreement may rely on the words or conduct of any other party as a waiver of any | ||
right unless the waiver is in writing and signed by the party granting the waiver. | ||
11.4 | SEVERANCE | |
Any term of this agreement which is wholly or partially void or unenforceable is severed to the | ||
extent that it is void or unenforceable. The validity and enforceability of the remainder of this | ||
agreement is not limited or otherwise affected. | ||
11.5 | JOINT AND SEVERAL LIABILITY | |
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or | ||
benefits them jointly and severally. | ||
11.6 | ASSIGNMENT | |
A party cannot assign, novate or otherwise transfer any of its rights or obligations under this | ||
agreement without the prior written consent of the other party. | ||
11.7 | ENTIRE AGREEMENT | |
This agreement embodies the entire agreement between the parties and supersedes any prior | ||
negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to | ||
the subject matter of this agreement. | ||
11.8 | INTERPRETATION | |
(a) | (singular and plural) words in the singular includes the plural (and vice versa); | |
(b) | (gender) words indicating a gender includes the corresponding words of any other | |
gender; | ||
(c) | (defined terms) if a word or phrase is given a defined meaning, any other part of speech | |
or grammatical form of that word or phrase has a corresponding meaning; | ||
(d) | (person) a reference to “person” or “you” includes an individual, the estate of an | |
individual, a corporation, an authority, an association, consortium or joint venture | ||
(whether incorporated or unincorporated), a partnership, a trust and any other entity; | ||
(e) | (party) a reference to a party includes that party’s executors, administrators, successors | |
and permitted assigns, including persons taking by way of novation and, in the case of a | ||
trustee, includes any substituted or additional trustee; | ||
(f) | (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment | |
or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these Terms (this agreement), and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it; |