Terms & Conditions
1.1 Please read these terms and conditions carefully before using the Website operated by Orchard & Shipman plc, (“We” or “Us”). By accessing or using our website(s) (“our Website”) You agree to be legally bound by these terms and conditions as they may be modified and posted on our Website from time to time.
1.2 Without prejudice to the above, by using or accessing our Website, You agree to be legally bound by these terms and conditions of use as they apply to your use of or access to our Website.
1.3 If You do not wish to be bound by these terms and conditions then You may not use our Website.
1.4 You may print and keep a copy of these terms
2. Nature of our Website
2.1 Our Website is a place for You to access information about our products, goods and services (“the Products”) and/or to purchase the Products. Our Website describes the Products in more detail.
3. Products advertised on our Website
3.1 To purchase a Product You will need to follow the procedures set out in our standard Terms and Conditions (available on request).
3.2 We are entitled to refuse any order placed by you.
4. Modifications to Website
We reserve the right to alter, suspend or discontinue any aspect of our Website or the content or services available through it, including your access to it. Unless explicitly stated any new features including new content, new Products and/or the sale of new Products and/or the release of new software tools or resources shall be subject to our terms and conditions.
5. Information You provide
5.1 The following applies to any information You provide to Us, for example during any registration or ordering process:
* You must ensure that the Personal Information You provide is accurate and complete.
5.2 By accepting these terms and conditions, You agree to the processing and disclosure of the Personal Information for the Purposes. You also agree that the Purposes may be amended to include other uses or disclosures of Personal Information following notification to You by means of a notice on our Website, which You should check regularly. If You would like to review or modify any part of your Personal Information then You should email Us using this form
5.3 In addition, the following also applies to all messages, e-mails, ideas, suggestions, concepts or other material submitted by You to Us (‘Content’):
* You must own or have the right to submit Content for publication on our Website;
* You must ensure that all Content submitted to Us does not infringe the copyright, design, privacy, publicity, data protection, trade mark or any other rights of any third party, nor be obscene, abusive, threatening, libellous or defamatory of any person or be otherwise unlawful; and
* We have the right to monitor Content and may edit, reject or remove Content if We believe it does not comply with the above and, in particular, We reserve the right to block incoming e-mails and other Content if We believe that their content is or may be inappropriate or otherwise does not comply with the above.
5.4 You grant Us a non-exclusive, irrevocable, royalty free, worldwide licence to publish all Content that You submit to Us except any portion of the Content that is Personal Information. You have sole responsibility for the Content which You submit to Us and You shall indemnify and shall keep Us fully and effectively indemnified on demand from and against all losses and liabilities (including legal costs and expenses) suffered or incurred by Us and arising directly or indirectly out of the publication of Content submitted by You to Us.
5.5 We reserve the right to bar users from our Website on a permanent or temporary basis at our discretion. Any such user shall be notified and must not then attempt to use our Website under any other name or through any other user.
You are solely responsible in all respects for all use of and for protecting the confidentiality of any username and password that may be given to You or selected by You for use on our Website. You may not share these with or transfer them to any third parties. You must notify Us immediately of any unauthorised use of them or any other breach of security regarding our Website that comes to your attention.
7. Applicability of Online Materials
7.1 Unless otherwise specified the materials published on our Website are presented solely for your private, personal and non-commercial use.
7.2 Our Website is controlled and operated by Us from our offices at Orchard & Shipman plc at Orchard & Shipman House, 1 Progress Business Centre, Whittle Parkway, Slough, SL1 6DQ. Where content published on the Website is supplied by third parties, You understand that We do not control or endorse their contents in any way. All content which is offered by third parties that are not affiliated with or otherwise connected with Us, is published in good faith but We do not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of such content (whether published on or off-line) and the use of such content, except for content which relates directly to Products You purchase. You assume total responsibility and risk for your use of our Website and use of all information contained within it.
7.3 We have used our best endeavours to ensure that our Website complies with UK law. However, We make no representations that the materials on our Website are appropriate or available for use in locations outside the United Kingdom.
7.4 We make no warranties, express or implied that making the Products available in any particular jurisdiction outside the UK is permitted under any applicable non-UK laws or regulations. Accordingly, if making the Products or any part available in your jurisdiction or to You (by reason of nationality, residence or otherwise) is prohibited, those Products are not offered for sale to You. You accept that if You are resident outside the UK, You must satisfy yourself that You are lawfully able to purchase the Products. We accept no liability, to the extent permitted by applicable law, for any costs, losses or damages resulting from or related to the purchase or attempted purchase of the Products by persons in jurisdictions outside the UK or who are nominees of or trustees for citizens, residents or nationals of other countries.
8. Copyright and Monitoring
The contents of our Website are protected by international copyright laws and other intellectual property rights. The owner of these rights is Orchard & Shipman plc or other third party licensors. All product and company names and logos mentioned in our Website are the trade marks, service marks or trading names of their respective owners, including Us. You may download material from our Website for the sole purpose of placing an order with Us or using our Website as a shopping resource, provided that this is your own personal use. However, You may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from our Website including but not limited to text, graphics, video, messages, code and/or software without our prior written consent, except where expressly invited to do so, for example in order to complete any test or questionnaire.
9. Linked Sites
We make no representations whatsoever about any other Websites which You may access through our Website or which may link to our Website. When You access any other Website You understand that it is independent from our Website and that We have no control over the content or availability of that Website. In addition, a link to any other site does not mean that We endorse or accept any responsibility for the content, or the use of, such a Website and shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other web or resource. Any concerns regarding any external link should be directed to its Website administrator or web master.
10. Availability of our Website
We will try to make our Website available but cannot guarantee that our Website will operate continuously or without interruptions or be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of our Website and, in particular, You must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, Website, router or any other internet connected device.
11.1 To the extent permitted by law, We exclude all express or implied terms with regard to the Products, our Website or any information or service provided through our Website. We will do our best to ensure that all materials and information published on our Website are accurate, but please note that all materials and information on our Website are provided on an ‘as is’ basis.
11.2 In relation to the Products, our Website or any information or service provided through our Website We accept no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business (whether direct or indirect), however caused, even if foreseeable. In circumstances where You suffer loss or damage arising out of or in connection with the viewing, use or performance of our Website or its contents, We accept no liability for this loss or damage (except where We have been negligent) whether due to inaccuracy, error, omission or any other cause and whether on the part of Us or our servants, agents or any other person.
11.3 If We are liable to You for any reason, our liability will be limited to the sum of £1.00. This limit does not apply to any liability We may have for death or personal injury resulting from our negligence.
11.4 You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our Website and is compatible with our Website. You also understand that We cannot and do not guarantee or warrant that any material available for downloading from our Website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
11.5 The limitations and exclusions in this clause 11 only apply to the extent permitted by applicable law.
12.1 We may assign, novate or subcontract any or all of our rights and obligations under these terms and conditions at any time.
12.2 We may alter these terms and conditions from time to time and post the new version on our Website, following which all use of our Website will be governed by that version. You must check the terms and conditions on the Website regularly.
12.4 If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.
12.5 These terms and conditions and your use of our Website are governed by English law and You submit to the non-exclusive jurisdiction of the English court.
12.6 Neither Us nor You will be held liable for any failure to perform any obligation to the other due to causes beyond your or our reasonable control.
12.7 Failure by either party to exercise any right or remedy under this agreement does not constitute a waiver of that right or remedy.
13.1 All notices shall be given:
* to Us via email using this form or by post at Orchard & Shipamn plc, Orchard & Shipman House, 1 Progress Business Centre, Whittle Parkway, Slough SL1 6DQ.
* to You at either the e-mail or postal address You provide during any ordering process.
Notice will be deemed received when an email is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or 3 days after the date of posting.
These terms and conditions replace all other terms and conditions previously applicable to the use of our Website.
15. English Law
English Law shall apply to these terms, notwithstanding the jurisdiction where You are based. You irrevocably agree that the Courts of England shall have exclusive jurisdiction to settle any disputes which may arise out of, under or in connection with these terms and conditions and for those purposes submit irrevocably all disputes to the jurisdiction of the English Courts.
16. Further information
Further information on these conditions or any queries on them can be obtained from Orchard & Shipman plc registered in England number 4693323. Our registered office is: Orchard & Shipman House, 1 Progress Business Centre, Whittle Parkway, Slough SL1 6DQ.