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TERMS AND CONDITIONS OF USE

OF

NetFriend

 

1          ACCEPTANCE OF TERMS

 

Your access to and use of NetFriend ("the Website") is subject exclusively to these Terms and Conditions.  You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions.  By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice.  If you do not accept these Terms and Conditions you must immediately stop using the Website.

 

2          ADVICE

 

The contents of the Website do not constitute advice and should not be relied upon in making or refraining from making, any decision.

 

3          CHANGES TO WEBSITE

 

            NetFriend reserves the right to:

 

3.1        change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that NetFriend shall not be liable to you for any such change or removal; and

 

3.2        change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.

 

4          LINKS TO THIRD PARTY WEBSITES

 

The Website may include links to third party websites that are controlled and maintained by others.  Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.

 

5          COPYRIGHT

 

5.1        All copyright, trade marks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to NetFriend or otherwise used by NetFriend as permitted by law.

 

5.2        In accessing the Website you agree that you will access the content solely for your personal, non-commercial use.  None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder.  This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.

 

6          DISCLAIMERS AND LIMITATION OF LIABILITY

 

6.1        The Website is provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

 

6.2        To the extent permitted by law, NetFriend will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.

 

6.3        NetFriend makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.

 

6.4        Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of NetFriend for death or personal injury as a result of the negligence of NetFriend or that of its employees or agents.

 

7          PRIVACY AND COOKIES

 

7.1        Use of the Website is also governed by our Privacy Policy which is incorporated into these terms and conditions.  To view the Privacy Policy, please click on the link above.

 

 

7.2        The Website uses cookies.  Cookies are small text files that are created by a web server and stored on your computer when you visit a website. The Website uses cookies for the following purposes:

 

            Necessary cookies help make a website usable by enabling basic functions like page navigation and access to secure areas of the website. The website cannot function properly without these cookies.

 

Further details of cookies are included in our Cookie Policy

 

If you wish to opt-out of our placing cookies on your computer, please adjust your internet browser’s settings to restrict cookies as detailed in your internet browser’s help menu. You may also wish to delete cookies which have already been placed.  For instructions on how to do this, please consult your internet browser’s help menu.

 

8          INDEMNITY

 

            You agree to indemnify and hold NetFriend and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against NetFriend arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.

 

9          SEVERANCE

 

If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.

 

10         GOVERNING LAW

 

These Terms and Conditions shall be governed by and construed in accordance with the law of England and you hereby submit to the exclusive jurisdiction of the English courts.

 

 

TERMS AND CONDITIONS OF SALE

OF

NetFriend

 

1          DEFINITIONS

 

1.1        "Buyer" means the individual or organisation who buys or agrees to buy the Services from the Supplier;

 

1.2        "Consumer" shall have the meaning ascribed in section 2 of the Consumer Rights Act 2015;

 

1.3        "Contract" means the contract between the Supplier and the Buyer for the provision of Services incorporating these Terms and Conditions;

 

1.4        "Services" means the services that the Buyer agrees to buy from the Supplier;

 

1.5        "Supplier" means Ian of Lichfield Road uk that owns and operates NetFriend website;

 

1.6        "Terms and Conditions" means the terms and conditions for the provision of Services set out in this agreement and any special terms and conditions agreed in writing by the Supplier;

 

1.7        "Website" means NetFriend.

 

2          CONDITIONS

 

2.1        Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.

 

2.2        These Terms and Conditions shall apply to all contracts for the provision of Services by the Supplier to the Buyer and shall prevail over any other documentation or communication from the Buyer.

 

2.3        Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Supplier.

 

2.4        Any complaints should be addressed to the Supplier's address stated in clause 1.5.

 

2.5        Any special conditions applying to the provision of the Services are set out in Schedule 1 to this agreement.

 

3          ORDERING

 

3.1        All orders for Services shall be deemed to be an offer by the Buyer to purchase Services pursuant to these Terms and Conditions and are subject to acceptance by the Supplier. The Supplier may choose not to accept an order for any reason.

 

3.2        When making an order through the Website, the technical steps the Buyer needs to take to complete the order process are described in registration process and account selection process. Also if there is a separate order process, as described in the advertise process, if a Buyer wishes to advertise on the Website.

 

4          PRICE AND PAYMENT

 

4.1        The price of the Services shall be that stipulated on the Website. The price is inclusive of VAT.

 

4.2        The total purchase price, including VAT and other charges, if any, will be displayed in the Buyer’s shopping cart prior to confirming the order.

 

4.3        After the order is received the Supplier shall confirm by email the details, description and price for the Services together with information on the right to cancel if the Buyer is a Consumer

 

4.4        Payment of the price plus VAT, if applicable, must be made when ordering service or registering/renewing membership. Payment must be made without deduction or set-off.

 

4.5        Where applicable, if any payment is not paid on time or any payment is rejected or refused, the amount owing will be treated as overdue and the Supplier will be entitled immediately to cease or suspend the provision of the relevant Service until payment has been received.

 

4.6        Where applicable, the Supplier shall be entitled to charge interest on overdue invoices from the date when payment becomes due from day to day until the date of payment at a rate of 8% per annum above the base rate of the Bank of England from time to time in force.

 

5          PERFORMANCE

 

5.1        The Supplier shall begin to perform the Services on day of ordering or registering but in any event, within 30 days after the Contract is entered into. The Supplier is under a legal obligation to supply the Services in conformity with the Contract.

 

5.2        The Supplier shall perform the Services with reasonable skill and care and to a reasonable standard. However, where applicable, the Supplier does not guarantee that the Services will be uninterrupted or error-free. The Supplier may have to suspend the Services for repair, maintenance or improvement. If so, the Supplier will restore them as quickly as is reasonably possible.

 

 

5.3        The Services are subject to an initial contract period of 5 days and shall continue thereafter on a monthly  basis unless and until terminated in accordance with clauses 5.4 and 5.5.

 

5.4        Subject to clause 5.3, either party may terminate this agreement (as regards some or all of the Services) at any time for any reason by giving to the other 30 days written notice, and any payment due remains payable and, if already paid, will be refunded.

 

5.5        The Supplier may terminate this agreement (as regards some or all of the Services) or suspend some or all of the Services immediately on written notice if the Buyer breaches any term of this agreement, and any payment due remains payable and, if already paid, will be non-refundable.

 

6          RIGHTS OF SUPPLIER

 

6.1        The Supplier reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Supplier shall make every effort to ensure prices are correct at the point at which the Buyer places an order.

 

6.2        The Supplier reserves the right to withdraw the Services from the Website at any time.

 

6.3        The Supplier shall not be liable to anyone for withdrawing the Services from the Website or          for refusing to process an order.

 

7          AGE OF CONSENT

 

7.1        Where the Services may only be purchased by persons of a certain age the Buyer will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Services.

 

7.2        If the Supplier discovers that the Buyer is not legally entitled to order certain Services, the Supplier shall be entitled to cancel the order immediately, without notice.

 

8          CANCELLATION

 

The Buyer, if a Consumer, has the right to cancel the Contract within 14 days without giving any reason. The conditions, time limits and procedures for exercising the Buyer’s right to cancel are laid out in Schedule 2 to these Terms and Conditions together with a cancellation form, in accordance with The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

 

[INCLUDE SECTION 9 IF GIFT VOUCHERS SOLD]

 

9          GIFT VOUCHERS

 

 

 

10         REMEDY FOR BREACH

 

The Supplier shall perform the Services with reasonable skill and care and to a reasonable standard. If the Services are found to be defective then the Supplier shall either repair, re-perform or replace the Services or refund any monies paid for the defective Services when notified by the Buyer of the defect within a reasonable time.

 

11         LIMITATION OF LIABILITY

 

11.1      The Supplier shall not be responsible for:

 

11.1.1   losses that were not caused by any breach on the part of the Supplier; or

 

11.1.2   any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure); or

 

11.1.3   any indirect or consequential losses that were not foreseeable to both the Buyer and the Supplier.

 

11.2      The Supplier shall not be held responsible for any delay or failure to comply with its obligations under these Terms and Conditions if the delay or failure arises from any cause which is beyond its reasonable control. This condition does not affect the Buyer’s legal right to have Services provided within a reasonable time or to receive a refund if Services ordered cannot be supplied within a reasonable time owing to a cause beyond the Supplier’s reasonable control.

 

11.3      Nothing in these Terms and Conditions limits or excludes the Supplier’s responsibility for fraudulent representations made by it or for death or personal injury caused by the Supplier’s negligence or wilful misconduct.

 

12         WAIVER

 

No waiver by the Supplier (whether express or implied) in enforcing any of its rights under this agreement shall prejudice its rights to do so in the future.

 

13         FORCE MAJEURE

 

The Supplier shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire or failure of any communications, telecommunications or computer system, and the Supplier shall be entitled to a reasonable extension of its obligations.

 

14         SEVERANCE

 

If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.

 

15         CHANGES TO TERMS AND CONDITIONS

 

15.1      The Supplier shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.

 

15.2      Any renewal of the Services will be subject to the Supplier's then current Terms and Conditions.

 

16         GOVERNING LAW AND JURISDICTION

 

These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.