These terms, together with the documents referred to in them, set out the terms on which you use our website, www.davidandcharles.co.uk (‘Our Site’). Use of Our Site includes, amongst other things, accessing, browsing, registering to use Our Site, and using our online shop.
Please read these terms carefully before you start using Our Site as they will apply to your use of Our Site.
Other applicable terms
Our Acceptable Use Policy & Content Standards, at the end of this document, which sets out how you can and cannot use Our Site, including the use of interactive features, our responsibilities to you, and the penalties for breaching the policy.
Information about us
Our Site is operated by David and Charles Limited (“We”), a limited company registered in England and Wales under company number 12094811. Our registered office is Woodwater House, Pynes Hill, Exeter, EX2 5WR.
Changes to these terms
Changes to Our Site
We may update Our Site from time to time, and may change the content at any time. However, please note that any of the content on Our Site may be out of date at any given time, and We are under no obligation to update it.
We do not guarantee that Our Site, or any content on it, will be free from errors or omissions.
Accessing Our Site
Our Site is made available free of charge.
We do not guarantee that Our Site, or any content on it, will always be available or be uninterrupted. Access to Our Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of Our Site without notice. We will not be liable to you if for any reason Our Site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to Our Site.
Intellectual property rights
We are the owner or the licensee of all intellectual property rights in Our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from Our Site for your personal use and you may draw the attention of others within your organisation to content posted on Our Site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status and that of any identified contributors as the authors of content on Our Site must always be acknowledged.
You must not use any part of the content on Our Site for commercial purposes without obtaining a licence to do so from us or our licensors.
No reliance on information
The content on Our Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on Our Site.
Although We make reasonable efforts to update the information on Our Site, We make no representations, warranties or guarantees, whether expressed or implied, that the content on Our Site is accurate, complete or up-to-date.
Limitation of our liability
To the extent permitted by law, We exclude all conditions, warranties, representations or other terms which may apply to Our Site or any content on it, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, Our Site; or
- use of or reliance on any content displayed on Our Site.
If you are a business user, please note that in particular, We will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
If you are a consumer user, please note that We only provide Our Site for domestic and private use. You agree not to use Our Site for any commercial or business purposes, and We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of Our Site or to your downloading of any content on it, or on any Website linked to it.
We assume no responsibility for the content of Websites linked on Our Site. Such links should not be interpreted as endorsement by us of those linked Websites. We will not be liable for any loss or damage that may arise from your use of them.
We do not guarantee that Our Site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access Our Site. You should use your own virus protection software.
You must not misuse Our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to Our Site, the server on which Our Site is stored or any server, computer or database connected to Our Site. You must not attack Our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and We will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use Our Site will cease immediately.
Linking to Our Site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to Our Site in any Website that is not owned by you.
Our Site must not be framed on any other site, nor may you create a link to any part of Our Site other than the home page.
We reserve the right to withdraw linking permission without notice.
The Website in which you are linking must comply in all respects with the content standards as notified to you from time to time.
Third party links and resources in Our Site
Where Our Site contains links to other sites and resources provided by third parties, these links are provided for your information only.
We have no control over the contents of those sites or resources and We are not liable for any such contents or resources.
Acceptable Use Policy
You may use Our Site only for lawful purposes. You may not use Our Site:
- in any way that breaches any applicable local, national or international law or regulation;
- in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- for the purpose of harming or attempting to harm minors in any way;
- to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards;
- to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
- to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
- Not to reproduce, duplicate, copy or re-sell any part of Our Site in contravention of the provisions of our terms of Website use; and
- Not to access without authority, interfere with, damage or disrupt:
- any part of Our Site;
- any equipment or network on which Our Site is stored;
- any software used in the provision of Our Site; or
- any equipment or network or software owned or used by any third party.
We may from time to time provide interactive services on Our Site.
Where We do provide any interactive service, We will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users (and in particular for children) from third parties when they use any interactive service provided on Our Site and We will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in light of those risks. However, We are under no obligation to oversee, monitor or moderate any interactive service We provide on Our Site, and We expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them.
Where We do moderate an interactive service, We will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
These content standards apply to any and all material which you contribute to Our Site (contributions), and to any interactive services associated with it.
You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as Well as to its whole.
- be accurate (where they state facts);
- be genuinely held (where they state opinions); and
- comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
- contain any material which is defamatory of any person;
- contain any material which is obscene, offensive, hateful or inflammatory;
- promote sexually explicit material;
- promote violence;
- promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- infringe any copyright, database right or trade mark of any other person;
- be likely to deceive any person;
- be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
- promote any illegal activity;
- be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
- be likely to harass, upset, embarrass, alarm or annoy any other person;
- be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
- give the impression that they emanate from us, if this is not the case; or
- advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
Suspension and termination
We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of Our Site. When a breach of this policy has occurred, We may take such action as We deem appropriate.
- immediate, temporary or permanent withdrawal of your right to use Our Site;
- immediate, temporary or permanent removal of any posting or material uploaded by you to Our Site;
- issue of a warning to you;
- legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
- further legal action against you; and/or
- disclosure of such information to law enforcement authorities as We reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses are not limited to those described in this policy, and We may take any other action We reasonably deem appropriate.
Changes to the acceptable use policy
We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes We make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on Our Site.