Melissa Cotton (“MC”), owns this site (“Site”) and these terms and conditions set out the terms upon which we permit you to access and use it (“Terms”). By accessing or using the Site in any way, you agree to comply with these Terms, without modification.
From time to time our terms and conditions may be amended and published on the site. If you access the site after the changes have been put in place, you will still be bound by the changes as soon as the new terms are posted on the site, even if you do not visit the page upon which the change or new terms are displayed. MC therefore recommends frequent review of the Site and these Terms.
3. Intellectual Property and copyright
The copyright and all other intellectual property rights (including, without limitation, rights in and to any databases and trade marks) subsisting in this Site and any information which we provide to you, and in the software and source code materials used in conjunction with it belongs to us or our contractors who license such intellectual property rights to us (“Information Providers”).
4.1 All headings used in these Terms are for convenience only and shall not affect the construction or interpretation of these Terms.
4. 2 If we delay exercising our rights under these Terms or choose not do so on any occasion, that will not affect our right to enforce such rights at a later date.
4.3 You acknowledge that you do not rely upon any representation, warranty or other provision except as expressly provided or referred to in these Terms or on our Site. This clause does not apply to fraudulent statements.
4.4 A person who is not party to this agreement shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms. This clause does not affect any right or remedy of any person, which exists or is available otherwise than pursuant to that Act.
4.5 Our agreement to provide services to you shall be governed by and construed in all respects in accordance with English law and we both submit to the exclusive jurisdiction of the English courts.
5.1 The information which we provide to you may contain the advice or opinions of our Information Providers. Although we do make every effort to ensure that the information which we provide to you is accurate, we cannot warrant that it is error free or that the opinions of our Information Providers are accurate or complete.
5.2 We do not promise that this Site will always be available or that its operation will be error free, nor do we accept responsibility for any adverse effects of accessing it, or downloading material from it. This includes any adverse effects from the downloading of viruses; the loss of or corruption to material that is downloaded or of any programs or data already on your system; and web site browser incompatibility problems.
5.3 Information in Site content (and any third party information in Site content) including content containing forward-looking statements or statements of intention does not constitute legal or professional information, and should not be relied upon. MC reserves its right not to act in accordance with any such statements.
5.4 This Site may contain references to specific MC products or third party products and services that may not be or may not be readily available in a particular country. MC does not give any warranty that any such products or services shall be available at any time in any particular country.
6.1 We will not be liable to you for any loss, costs, damages or expenses suffered or incurred by you arising from:
your failure to comply with your obligations set out in these Terms.
any incomplete, inaccurate or misleading information which you provide to us any inaccurate, incomplete or misleading information which we have provided to you that we have obtained from a third party and which we did not realise, or could reasonably be expected to realise, was inaccurate, incomplete or misleading any breach of these Terms to the extent it is caused by the acts or omissions of our Information Providers, a suspension of internet access to our website over which we have no control, or any other events beyond our reasonable control.
6.2 Save in respect of death or personal injury caused by our negligence and without prejudice to your statutory rights as a consumer, we exclude all liability for any indirect, special, or consequential losses, or any loss of profits, revenue or any other form of economic loss suffered by you arising from any breach of our contractual, statutory or common law duties.
7.1 The Site contains links to various third party websites, which may be of interest to you. However, we have no control over the content of such websites and we accept no liability for any loss or damage arising as a result of you using or relying upon the information and services obtainable from such websites. Your visiting of any external websites via links from this Site is entirely at your own risk.
7.2 Without limiting clause 6.1, MC does not make any representations or warranties as to the security of any information (including credit card and other personal information) you might be requested to give any third party through linked websites and you waive any claim against MC with respect to such matters.
7.3 Where it is possible for you to transact through any linked website with a third party who is not MC, such transactions shall be (and any rights and obligations shall arise) solely between you and the third party.
8. Data Protection
Support is provided on a no-liability basis. MC and its affiliates and employees will not be held liable for any subsequent problems or damages that arise from support provided. You agree to this should you contact MC for support, and any solutions (if any) that are given.
10. Complaints Procedure
Any complaints regarding the provision of the Services by us should be sent to us by email to team (then the @ symbol) simplymel.co.uk We will endeavour to respond to any complaint within seven working days.