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Website Terms & Conditions

 

Updated 18 March 2014

By accessing any of the pages on the Childs Farm Online Store website www.childsfarm.com (“the Site”), you agree to comply with the Terms & Conditions set out below. If you do not agree with these Terms & Conditions, do not make any use of the Site and leave it immediately.

Please note that the Childs Farm Online Store Terms & Conditions of Sale shall apply to the purchase of products from the Site.

1.Introduction

1.1.This Site is owned and operated by Childs Farm Limited (“Childs Farm”) whose registered address is Childs Farm Limited, The Old Bakehouse, Course Road, Ascot, Berkshire, SL5 7HL.  Childs Farm may, from time to time, fulfil its obligations to you through a third party.  References in these Terms & Conditions to “we”, “us” and “our” should be construed as references to Childs Farm itself or acting through such third parties, unless the context requires otherwise.

1.2.We have taken care in the preparation of the Site. However, as certain technical matters may be beyond our control, we cannot guarantee that you will have uninterrupted access to the Site at all times.

2.Use of the Site

            Use of Site if you are [16] or under

2.1.If you are aged [16 or under], you must ask your parent/guardian permission before you use this Site.  Your parent/guardian must read and be happy that they understand these Terms and Conditions and our Privacy Policy before giving their consent.  They are responsible for ensuring your compliance with these Terms and Conditions.

            Use of Content

2.2.All copyright and all other intellectual property rights in all text, images, sound, software, service marks, logos and other materials on the pages of the Site ("the Content") are owned by Childs Farm or are reproduced on the Site with permission of the relevant rights owner.

2.3.The Content may not be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without Childs Farm’s prior written consent, except as stated at Clause 2.3 below.

2.4.You may read, view, print, download and (where appropriate) listen to the contents of an individual page for your private and personal use only provided that all copyright, trade mark and other proprietary notices contained in the original materials on any copy of these materials is retained, but you may not make more than one copy electronically or otherwise of any of the contents and you may not recopy or further distribute, sell, publish or transmit any part of the material by electronic or any other means.

2.5.You agree not to sell, resell, supply or otherwise make the Content or extracts or other information derived therefrom available in any manner or on any media to any third party without the prior written consent of Childs Farm.

2.6.The names, images and logos identifying Childs Farm, its projects, products and services (including, without limitation, the names “Childs Farm Limited” and “Childs Farm”) or those of third parties, are the proprietary marks of Childs Farm, and/or may be the proprietary marks of third parties.  Any use made of these marks may be an infringement of rights in those marks and Childs Farm reserves all rights to enforce such rights that it might have.

3.Prohibited Use

You may not use the Site:

3.1.for the posting, uploading, emailing or other transmission of any material, the publication, dissemination, use or possession of which infringes the rights of any person or which is unlawful in any other respect;

3.2.in any manner which could damage, disable, overburden, or impair the Site;

3.3.to make available personal data about any person other than yourself;

3.4.to obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for use through the Site;

3.5.to impersonate any other person or entity or to provide inaccurate information;

3.6.in any way which is abusive, vulgar, racist, sexist, defamatory, sexually orientated or obscene or which may harass, distress, embarrass or inconvenience any person or which might restrict or inhibit the use and enjoyment of the Site by any person;

3.7.for the posting, uploading, emailing or other transmission of any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation or commercial exploitation;

3.8.for the posting, uploading, emailing or other transmission of any material that contains software viruses or any other computer code, files or programs designed to interrupt, restrict, destroy, limit the functionality of or compromise the integrity of any computer software or hardware or telecommunications equipment;

3.9.to create a database (electronic or otherwise) that includes Content;

3.10.to transmit or re-circulate any Content to any third party;

3.11.in such a way so as to remove the copyright or trade mark notice(s) from any copies of any Content  made in accordance with these terms; or

3.12.in any way that might bring Childs Farm or its affiliated charities and other organisations into disrepute.

 

4.Use of Messages and Materials

4.1.By submitting messages, suggestions or material (including any text, pictures, photographs, graphics, video or audio) to Childs Farm/the Site you are granting Childs Farm a perpetual, royalty free, non-exclusive licence to reproduce, modify, translate, make available, distribute and sub-license the message/material in whole or in part and in any reasonable form anywhere in the world.  By submitting any such messages/material you also give Childs Farm permission to reference the message/material with your name and home town.

4.2.If you do not wish to grant Childs Farm the rights set out above, do not submit contributions to the Site.

4.3.Childs Farm shall have the unrestricted right to post on to the Site some or all of any messages or suggestions that you submit to Childs Farm/the Site or to choose not to do so. If Childs Farm chooses to post some or all of your messages or suggestions it may thereafter remove from the Site some or all of any messages or suggestions that you submitted to Childs Farm/the Site at its discretion and without the need to give any reasons.

5.Message Boards

Some of the pages of the Site may contain message boards, bulletin boards, chat pages or other forums in which users are able to post material for viewing by others. Childs Farm does not edit or monitor the content of these pages and, subject to what is said below, does not have any knowledge of any of the activities or information carried on in, or contained within, those pages. If anyone becomes aware that any material on those pages, or any activities carried out on those pages, are offensive, unlawful or infringe any third party rights in any way, please send an appropriately worded message to Childs Farm by email using this address: enquiries@childsfarm.com  Childs Farm shall then act expeditiously to (at its discretion) remove, or to disable access to any contravening information.

6.Warranties and Liability

6.1.The Content has been included in good faith and is for your general information only. In particular, the Content does not constitute any form of advice, recommendation or arrangement by Childs Farm and is not intended to be relied upon by users in making (or refraining from making) any specific decisions. YOU ARE RESPONSIBLE FOR CHECKING THE ACCURACY OF RELEVANT FACTS AND OPINIONS GIVEN ON THE SITE BEFORE taking (or refraining from taking) any step BASED UPON THEM. All conditions, warranties, terms and undertakings express or implied, statutory or otherwise, in respect of the provision of the Content are excluded to the fullest extent permitted by law.

6.2.The Content may contain inaccuracies or typographical errors. Childs Farm makes no representations about the reliability, availability, timeliness and accuracy of the Content. Childs Farm does not warrant that the Site will be free of viruses or other harmful components.

6.3.The Site contains links to other websites ("Third Party Sites"). Childs Farm neither endorses nor takes responsibility for the availability or content of Third Party Sites and will not be a party to, or in any way responsible for, any transaction concerning goods or services available from such Third Party Sites. If you decide to use these links to access Third Party Sites you do so at your own risk.

6.4.On some of the pages of the Site you may be informed of the opportunity of entering into agreements with third parties.  Childs Farm or any of its subsidiary companies are not liable in relation to, and takes no responsibility for, any contract entered into by you with any third party.

6.5.Save as expressly provided for in these Terms & Conditions, Childs Farm shall not be liable for any direct, indirect or consequential loss or damage (including, without limit, loss of property or profit, business revenue or opportunity or anticipated savings and loss of or damage to any data) or for any costs, claims or demands of any nature whatsoever arising directly or indirectly out of the use of or access to the Content or any part thereof or in respect of any defect therein or any failure to provide or the late delivery of the same howsoever arising. Childs Farm does not exclude or limit its liability for death and personal injury caused by its negligence or any other liability that cannot, as a matter of law, be excluded or limited.

7.Privacy Policy

7.1.The information that you provide about yourself to Childs Farm will only be used by Childs Farm in accordance with its Privacy Policy  and by using this Site you consent to our use of data collected on this Site in the manner set out in the Privacy Policy.

7.2.We may use cookies on the Site (see the Privacy Policy for further details).

8.Changes to these Terms & Conditions and Amendments to Content

8.1.Childs Farm reserves the right, at its discretion, to make changes to any part of the Site.

8.2.These Terms and Conditions may be changed by posting the amended version on the Site. Please review them regularly. If you continue to use the Site after a change has been made you are deemed to have accepted the change.

9.Advertising and Sponsorship

The Site may contain third party advertising and sponsorship and advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site complies with international and national law.  Childs Farm will not be responsible for any error or inaccuracy in advertising material.

10.Competitions and Prizes

From time to time Childs Farm may run competitions, free prize draws and promotions on the Site.  In each case these will be subject to additional competition terms which will be made available on the Site.

 

11.Registration

  1. On certain parts of the Site we may require you to register and provide certain information about yourself and where you do this you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the relevant registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data (by sending an appropriately worded email to enquiries@childsfarm.com to keep it true, accurate, current and complete.

  2. If you are aged [16 or under], please get your parent/guardian’s permission   before you register with Child’s Farm.  Users without this consent are not allowed to register.

12.Submission of Information/Data

Where information (including sensitive financial or personal information) is provided to Childs Farm (whether directly through the Site or otherwise) you accept that these methods of communication cannot be 100% secure. Childs Farm cannot accept any responsibility or liability for any damages (other than liability for death or physical injury arising out of the negligence of Childs Farm, or its officers or any liabilities that cannot, as a matter of law, be excluded) arising from the misuse or loss of data or information submitted by you to Childs Farm, whether directly through the Site or otherwise. The provision of personal information by you and use of it by Childs Farm is subject to our Privacy Policy , which is incorporated in these Terms & Conditions.

13.Your Username and Password

If you register on the Site, you will be allocated with a unique username and/or password that gives you access to your personal Site account. You are responsible for maintaining the confidentiality of your username and password, and are fully responsible for all activities that occur through your Site account. You agree to (a) immediately notify Childs Farm if you become aware of any unauthorised use of your password or Site account or any other breach of security by sending an appropriately worded email to enquiries@childsfarm.com and (b) ensure that you exit from your Site account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.

14.Choice of Law and Jurisdiction

These Terms & Conditions shall be governed by, and construed in accordance with, English law and you irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these terms or the legal relationship established by these Terms & Conditions, and for those purposes irrevocably submit all disputes to the jurisdiction of the English courts.

15.Contacting Childs Farm

If you need to contact Childs Farm about these Terms & Conditions you may do so by writing to Childs Farm Limited, PO Box 1971, Andover, Hampshire, SP11 9GH or by email to enquiries@childsfarm.com

16.General

16.1.If any provision of these Terms & Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms & Conditions, which shall remain in full force and effect.

16.2.Failure to exercise any right or remedy under these Terms & Conditions does not constitute a waiver of that right or remedy. Headings in these Terms & Conditions are for convenience only and will have no legal meaning or effect.

 

This Site is operated by Childs Farm Ltd (Company No.  07454284 VAT number 110 452568) registered office address at The Old Bakehouse, Course Road, Ascot, Berkshire, SL5 7HL