TERMS AND CONDITIONS POLICY

Introduction

 

These Terms and Conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and James Paxton Priestley, trading as J.P. Priestley (me, my, or I), the owner and operator of this Website.

 

Please read these Terms and Conditions carefully, as they affect your legal rights. I deem your agreement to comply with and be bound by these Terms and Conditions to occur upon your first use of this Website. If you do not agree to be bound by these Terms and Conditions, you should stop using this Website immediately.

 

In these Terms and Conditions, User or Users means any third party that accesses this Website and is not (i) employed by me and acting in the course of their employment, or (ii) engaged as a consultant or otherwise providing services to me and accessing the Website in connection with the provision of such services.

 

You (the User or Users) must be at least eighteen years of age to use this Website. By using this Website and agreeing to these Terms and Conditions, you represent and warrant that you are at least eighteen years of age.

 

Intellectual property and acceptable use

 

1. All Content included on this Website, unless uploaded by Users, is my property, or that of my affiliates or other relevant third parties. In these Terms and Conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use this Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this Website shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo, or service mark displayed on this Website without my prior written permission, or that of any other rightful owner.

2. You may, for your own personal, non-commercial use only:

 

(a) retrieve, display, and view the Content of this Website on a computer screen, including a mobile device

(b) download and store the Content in electronic form on a disk (but not on any server or other storage device connected to a network)

(c) print one copy of the Content.

 

3. You must not otherwise reproduce, modify, copy, distribute, or use for commercial purposes any Content without my written permission.

 

4. Where I have made provision on this Website for the submission of User content, you acknowledge that in using such provision you are responsible for any Content you may submit, including the legality, reliability, appropriateness, originality, and copyright of any such Content. You may not upload to, distribute, or otherwise publish through this Website any Content that:

 

(a) is confidential, proprietary, false, fraudulent, libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal, or otherwise objectionable

(b) may constitute or encourage a criminal offence, violate the rights of any party, or otherwise give rise to liability or violate any law

(c) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of ‘spam.’ You may not use a false email address or other identifying information, impersonate any person or entity, or otherwise mislead as to the origin of any content. You may not upload commercial content onto this Website.

 

5. You represent and warrant that you own or otherwise control all the rights to the Content you post; that the Content is accurate; that use of the Content you supply does not violate any provision of these Terms and Conditions and will not cause injury to any person; and that you will indemnify me, James Paxton Priestley, trading as J.P. Priestley, for all claims resulting from Content you supply.

 

Prohibited use

 

6. You may not use this Website for any of the following purposes:

 

(a) in any way which causes, or may cause, damage to the Website or interferes with any person’s use or enjoyment of the Website

(b) in any way which is harmful, unlawful, illegal, abusive, harassing, threatening, or otherwise objectionable or in breach of any applicable law, regulation, or governmental order

(c) making, transmitting, or storing electronic copies of Content protected by copyright without my written permission.

 

Registration on this Website

 

Where I have made provision on this Website for the registration of an account by you, the following conditions will apply:

 

7. You must ensure the details provided by you on registration and thereafter are correct and complete.

 

8. You must inform me immediately of any changes to the information you provide when registering by updating your personal details to ensure I can communicate with you effectively.

 

9. I may suspend or cancel your registration with immediate effect for any reasonable purpose or if you breach these Terms and Conditions.

 

10. You may cancel your registration at any time by informing me in writing to the email address provided at the end of these Terms and Conditions. If you cancel your registration, you may continue to visit this Website, but you will cease to have a right of access to, and use of, features and other benefits associated solely with registration. Cancellation or suspension of your registration does not affect any statutory rights.

 

Password and security

 

11. When you register on this Website, the system will ask you to create a password, which you should keep confidential and not disclose or share with anyone.

 

12. If I believe there is or is likely to be any misuse of the Website or breach of security, I may require you to change your password or suspend your account.

 

Links to other websites

 

13. This Website contains links to other websites. Unless expressly stated, these other websites are not under my control or of that of my affiliates.

 

14. I assume no responsibility for the content of other websites and disclaim liability for any and all forms of loss or damage arising out of your use of other websites by having clicked on any link on this Website to them.

 

15. The inclusion of links to other websites on this Website does not signify my endorsement of these other websites or of those controlling them.

 

Privacy and Cookie Policy, and Supply of Services Terms and Conditions

 

16. Use of this Website is also governed by my Privacy and Cookie Policy, and Supply of Services Terms and Conditions, which are incorporated into these Terms and Conditions Policy by this reference. To view my Privacy and Cookie Policy, go to https://www.jppriestley.com/privacy-cookie-policy. To view my Supply of Services Terms and Conditions, go to https://www.jppriestley.com/supply-services-terms-conditions (Terms and Conditions workable link to follow).

 

Availability of this Website and disclaimers

 

17. Any online facilities, tools, services, or information I make available through this Website (the Service) I provide ‘as is’ and on an ‘as available’ basis. I give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by law, I provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility, and satisfactory quality. I am under no obligation to update information on this Website.

 

18. Whilst I take reasonable measures to ensure this Website is secure and free of errors, viruses, and other malware, I give no warranty in that regard and all Users take responsibility for their own security, that of their personal details, and that of their computers and other technology devices.

 

19. I accept no liability for any disruption or non-availability of this Website.

 

20. I reserve the right to alter, suspend, or discontinue any part (or the whole of) this Website including, but not limited to, any products and/or services available. These Terms and Conditions shall continue to apply to any modified version of this Website unless I expressly state otherwise.

 

Limitation of liability

 

21. Nothing in these Terms and Conditions will:

 

(a) limit or exclude my or your liability for death or personal injury resulting from my or your negligence, as applicable

(b) limit or exclude my or your liability for fraud or fraudulent misrepresentation

(c) limit or exclude any of my or your liabilities in any way that is not permitted under applicable law.

 

22. I will not be liable to you regarding any losses arising out of events beyond my reasonable control.

 

23. To the maximum extent permitted by law, I accept no liability for:

 

(a) any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill, or commercial opportunities

(b) loss or corruption of any data, database, or software

(c) any special, indirect, or consequential loss or damage.

 

General

 

24. You may transfer none of your rights under these Terms and Conditions to any other person. I may transfer my rights under these Terms and Conditions where I reasonably believe your rights will not be affected.

 

25. These Terms and Conditions may be varied by me from time to time. Such revised terms will apply to this Website from the publication date. Users should check the Terms and Conditions regularly to ensure familiarity with the then current version.

 

26. These Terms and Conditions together with my Privacy and Cookie Policy, and Services and Goods Policy, contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements, or agreements that might have taken place in relation to these Terms and Conditions.

 

27. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms and Conditions and no third party will have any right to enforce or rely on any provision of these Terms and Conditions.

 

28. If any court or competent authority finds that any provision of these Terms and Conditions (or part of any provision) is invalid, illegal, or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms and Conditions will not be affected.

 

29. Unless otherwise agreed, no delay, act, or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other right or remedy.

 

30. This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.

 

31. I, James Paxton Priestley, trading as J.P. Priestley of Aberystwyth, Ceredigion, Wales, operate this Website found at https://www.jppriestley.com/.

Changes to this Terms and Conditions Policy

 

32. I reserve the right to change this Terms and Conditions Policy, as I may deem necessary from time to time or as required by law. I will post any changes immediately on this Website, and I will deem you to have accepted the terms of the Terms and Conditions Policy on your first use of this Website following the alteration(s).

 

To discuss any part of this Terms and Conditions Policy, please email J.P.Priestley@pm.me, I aim to respond to emails from site users within two business days, and to propose any remedy, as appropriate, within ten business days. Business days are Monday to Friday, 9 a.m. to 5 p.m. excluding public holidays.

 

 

 

Signed this 29th Day of August 2022.

 

 

(Version 1.1 - 29 August 2022)

(This Terms and Conditions Policy was created with the legal assistance of Rocket Lawyer)