Every business has terms and conditions and, however boring they might be, The Tape Store is no exception! A necessary evil, we would nevertheless urge you to read the following terms before using our website. By using this website and buying from us you are agreeing to these terms in full...
To make things easier we've provided a series of links that should help take you directly to the section that you need. If you have any questions regarding these terms and conditions please do get in touch through our Contact Us page.
- Part 1 - General Terms and Conditions
- Definitions and Interpretations
- Pricing Mistakes
- Non-Delivery and Returns Policy
- Intellectual Property
- Third Party Intellectual Property
- Fair Use of Intellectual Property
- Links to Other Websites
- Links to This Website
- Use of Communications Facilities
- Termination and Cancellation
- Goods, Pricing and Availability
- Payment Methods
- Changes to the Service and These Terms and Conditions
- Availability of the Website
- Limitation of Liability
- Security Liability
- Previous Terms and Conditions
- No Waiver
- Definition of Consumer and Business Customer
- Part 2 - Terms of Website Use
- Accessing our Site
- Intellectual Property Rights
- Reliance on Information Posted
- Our Site Changes Regularly
- Our Liability
- Information About You and Your Visits to This Site
- Transactions Concluded Through Our Site
- Uploading Material to Our Site
- Viruses, Hacking and Other Offences
- Linking to Our Site
- Jurisdiction and Applicable Law
- Your Concerns
- Part 3 - Website Acceptable Use Policy
- Prohibited Uses
- Interactive Services
- Content Standards
- Suspension and Termination
- Changes to Acceptable Use Policy
PART 1 - GENERAL TERMS AND CONDITIONS
This agreement applies as between you, the User of this Web Site and Kootoo Ltd (trading as The Tape Store), the owner(s) of this Web Site. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these Terms and Conditions, you should stop using the Web Site immediately.
No part of this Web Site is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to you indicating that your order has been fulfilled and is on its way to you.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings: “Account” means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Web Site;
- “Carrier” means any third party responsible for transporting purchased Goods from our Premises to customers;
- “Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;
- “Goods” means any products that The Tape Store advertises and / or makes available for sale through this Web Site;
- “The Tape Store” means Kootoo Ltd (trading as The Tape Store). 9 Grundy Street, Liverpool, L5 9SG;
- “The Company” means Kootoo Ltd (trading as The Tape Store). 9 Grundy Street, Liverpool, L5 9SG.
- “Service” means collectively any online facilities, tools, services or information that The Tape Store makes available through the Web Site either now or in the future;
- “Payment Information” means any details required for the purchase of Goods from this Web Site. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
- “Purchase Information” means collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form;
- “Premises” means our place(s) of business located at 9-15 Grundy Street, Liverpool, L5 9SG;
- “System” means any online communications infrastructure that The Tape Store makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
- “User” / “Users” means any third party that accesses the Web Site and is not employed by The Tape Store and acting in the course of their employment; and
- “Web Site” means the website that you are currently using (www.thetapestore.co.uk) and any sub-domains of this site (e.g. subdomain.thetapestore.co.uk) unless expressly excluded by their own terms and conditions.
2. Pricing Mistakes
We do our best to ensure all prices on our site are correct. However, in the event that we have made a genuine mistake and an order is completed based on those prices, we reserve the right to cancel your order and refund your payment.
i) The Tape Store provide a variety of delivery options to its customers. For small to medium-sized orders these can range from Royal Mail first class postage to next day delivery via a third party carrier. For larger orders, however, it is sometimes necessary to allow slightly longer for delivery. As part of our continuing drive towards reducing costs for our customers, The Tape Store does not keep excess levels of products in stock.
ii) For smaller orders The Tape Store will notify you by way of email if there will be any delay in your order to the extent of 72 hours or more. For larger orders you will notified if that delay will be 10 working days or more. The message will contain details of estimated delivery times in addition to any reasons for a delay in the delivery of the Goods purchased by you.
iii) If The Tape Store receives no communication from you within 7 days of delivery regarding any problems with the Goods, you are deemed to have received the Goods in full working order and with no problems.
iv) The Tape Store's next day guarantee covers smaller orders that are completed before 12pm (midday) on week days and are sent via our third party carrier. Orders placed after 12pm on Friday or at the weekend will be dispatched on Monday.
v) Completed orders will be dispatched to your shipping address as soon as possible. We do not accept delayed dispatch instructions. If you would like you order to be dispatched at a later date, please make your order nearer that time.
vi) Only orders made before 12pm (and sent by third party courier) will be dispatched for next day delivery. We do not deliver on weekends and therefore all orders made before 1pm on a Friday will be delivered on the following Monday.
vii) We aim to offer 1-2 working day delivery for all smaller orders. However, The Tape Store cannot be held responsible for any delays caused by the UK’s postal system. Royal Mail does not guarantee these delivery times but merely provides them as guidance.
4. Non-Delivery and Returns Policy
i) The Tape Store aims to always provide high quality Goods that are fault free and undamaged. On occasion however, goods may need to be returned. Returns are governed by these Terms and Conditions.
ii) Incorrect Items - If you receive Goods which do not match those that you ordered, unless accompanied by an explanatory note detailing the changes, stating reasons for the changes and setting out your options, you should contact us within 7 days to arrange collection and return. The Tape Store will then issue you with a returns note and will arrange pickup. No returns can be accepted without a returns note. The Tape Store will organise a courier to pick up your order. The Tape Store will not refund the cost of any courier or postage organised by the customer. You will be given the option to have the Goods replaced with those ordered (if available), you will sometimes be offered a suitable alternative but will have the right to reject this offer. You will then be refunded through the payment method used by you when purchasing the Goods. Refunds and replacements will be issued only upon receipt of the returned Goods. Goods must be returned in original condition and in all their original packaging. All packaging must be completely intact and the product must be suitable for immediate resale.
iii) Items Faulty on Delivery - If any Goods you have purchased have faults when they are delivered to you, you should contact The Tape Store within 7 days to arrange a refund or return. The Tape Store will replace your item if available or provide a suitable alternative upon agreement with the customer. If neither of these options are available The Tape Store will refund the purchase price and original delivery charge only to the payment method used by you when purchasing the Goods. Refunds or replacements will only be made available if it can be proven beyond reasonable doubt that such faults have not been caused by the customer. Customers must not return the Goods themselves using their own courier/Royal Mail. Customers must first contact The Tape Store using the details overleaf at which point The Tape Store will issue the customer with an official returns note and will arrange collection through our authorised couriers. Goods must be returned in their original condition with all packaging and documentation. Refunds or replacements will only be provided upon our receipt of the returned Goods and once faults have been verified as not being the result of customer misuse.
iv) Items Faulty During Warranty - If any Goods develop faults within their manufacturer’s warranty period you, the customer, are entitled to a replacement under the terms of that warranty. If a bulk order has been placed then only a replacement for those individual items that are deemed faulty will be provided. All faulty products must be returned to our premises to be assessed prior to a replacement being issued. Suggestions of fault must be reasonable, i.e. a replacement will not be available if a product has developed a fault due to overly heavy use and/or abuse or indeed because it has not enjoyed a reasonable standard of care. The Tape Store reserves the right to perform in-house assessments of this and/or return all products to their manufacturers for assessment in this regard prior to agreeing to issue a replacement or refund. The Tape Store is not responsible for paying shipment costs for returning such products back to our premises. The customer must return the faulty products to The Tape Store by a reputable courier (e.g. DHL, Interlink, FedEx, TNT etc) taking care to package the items using sufficient and suitable packaging materials that will amply protect the items in transit. Goods returned by your own courier are at your own risk.
v) Items Damaged in Transit - If Goods are damaged in transit and the damage is apparent on delivery, you should sign the delivery note to the effect that the goods have been damaged. You should check the contents and quality of the goods contained within your order prior to signing said delivery note. Once this has been done you should report such damage to The Tape Store immediately and no later within 7 days and arrange collection and return. The Tape Store is responsible for paying shipment costs but shipment must be arranged by The Tape Store and not the customer. Customers wishing to return damaged goods must first contact The Tape Store. We will then issue an official returns note and organise collection through our authorised couriers. Upon receipt of the returned Goods and upon verification that they have indeed been damaged in transit, we will immediately issue a replacement for these goods. If a replacement is not available a suitable alternative will be offered to the customer. If neither of these options is available the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods. Please note that refunds cannot be made via BACS transfers.
vi) Cooling Off Period - You have a statutory right to a “cooling off” period. This period begins once your order is complete and ends 14 days after the Goods have been delivered. If you change your mind about the goods within this period, please return them to The Tape Store within 14 days of receipt. Goods can only be returned for this reason if their packaging remains unopened, completely undamaged and the Goods can be re-sold, as new, without any additional work on the part of The Tape Store. You are responsible for paying all shipment costs if Goods are returned for this reason. A small re-stocking fee may be deducted from the cost of your items to cover the labour charges in incurred by our team.
vii) Procedure for all Returns - If you wish to return Goods to The Tape Store for any of the above reasons, please Contact Us to make the appropriate arrangements. A cover note provided by The Tape Store is required for all returns. This can only be obtained by contacting the Company. No returns will be accepted without such a note and no delivery costs will be paid unless organised by The Tape Store.
viii) Discretion - The Tape Store reserves the right to exercise discretion with respect to any returns under these Terms and Conditions. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:
a. Any use or enjoyment that you may have already had out of the Goods;
b. Any characteristics of the Goods which may cause them to deteriorate or expire rapidly;
c. Any discounts that may have formed part of the purchase price of the Goods to reflect any lack of quality made known to the Customer at the time of purchase. Such discretion to be exercised only within the confines of the law;
d. Any suspicions that The Tape Store or its partners (e.g. card or payment processing firms) may have about possible fraud - any such suspicions will be investigated internally and, if deemed necessary, reported to Action Fraud - the fraud instituion set up by Interpol;
ix) Non-Delivery by Royal Mail - Please allow up to 96 hours for delivery if you have selected delivery by Royal Mail. Should you not receive your order within this time please first contact your nearest Royal Mail sorting office or depot. If you do not get a satisfactory response please only then make contact with The Tape Store through the Website. Please note that, due to the unguaranteed delivery period quoted by the Royal Mail, we cannot provide refunds or replacement goods 10 working days after despatch (UK) and 20 days after despatch (EU/Europe).
x) Refund Method - Any refund will only be made back to the original card or account from whence the payment was made and only then when the items have arrived at our premises – The Tape Store, 9-15 Grundy St, Liverpool, L5 9SG. Please note that refunds are not available by BACS transfer.
xi) International Returns - Your goods are covered by any warranty supplied by the manufacturer. Unless covered on our website, please contact The Tape Store for information on this warranty and the level of cover. Unless otherwise specificed in writing The Tape Store will not pay any return costs (i.e. shipping, packaging and/or any contingent costs associated with this) for packages needing to be returned to the UK from another country. This term also applies if the customer ordered the goods to be delivered to the UK and then shipped them onwards to another country. In such cases the customer is responsible for paying all costs associated with shipping the goods back from their country to the UK and for shipping any placements back to their country. For any goods faulty, damaged or incorrect upon arrival the customer has 7 days from receipt of goods to inform The Tape Store in order to qualify for a refund or replacement (whether a refund or a replacement is provided is entirely at The Tape Store's discretion). All goods will be inspected by the manufacturer prior to any refund or replacement being agreed upon. Your statutory rights are not affected by these terms.
5. Intellectual Property
Subject to the exceptions in these Terms and Conditions, all Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of The Tape Store, our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by The Tape Store.
6. Third Party Intellectual Property
i) Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
ii) You may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Web Site or unless given express written permission to do so by the relevant manufacturer or supplier.
7. Fair Use of Intellectual Property
Material from the Web Site may not be re-used without written permission from The Tape Store where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
8. Links to Other Web Sites
This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of The Tape Store or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.
9. Links to this Web Site
Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site www.thetapestore.co.uk without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of The Tape Store. To find out more please contact us using the details found on our website.
10. Use of Communications Facilities
When using the enquiry form or any other System on the Web Site you should do so in accordance with the following rules:
i) You must not use obscene or vulgar language;
ii) You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
iii) You must not submit Content that is intended to promote or incite violence;
iv) It is advised that submissions are made using the English language(s) as we may be unable to respond to enquiries submitted in any other languages;
vi) You must not impersonate other people, particularly employees and representatives of The Tape Store or our affiliates; and
vii) You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.
viii) You acknowledge that The Tape Store reserves the right to monitor and record any and all communications made to us or using our System.
i) In order to purchase Goods on this Web Site and to use the similar facilities you we may create an Account for you on completion of your purchase which will contain certain personal details. By continuing to use this Web Site you represent and warrant that:
ii) all information you submit is accurate and truthful;
iii) You have permission to submit Payment Information where permission may be required; and
iv) You will keep this information accurate and up-to-date.
v) Your creation of an Account is further affirmation of your representation and warranty.
vi) It is recommended that you do not share your Account details, particularly your username and password. The Tape Store accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
vii) If you have reason to believe that your Account details have been obtained by another without consent, you should contact The Tape Store immediately to suspend your Account and cancel any unauthorised purchases that may be pending. Please be aware that purchases can only be cancelled until they are dispatched or until an order has been made to a third party supplier. In certain cases, for example (but not limited to) when larger orders are placed, a customer’s order triggers a further order from a third party supplier/manufacturer. Once this order has been placed we are unable to cancel the customer’s order. In the event that an unauthorised purchase is dispatched prior to your notifying us of the unauthorised nature of the purchase, The Tape Store accepts no liability or responsibility and you should make contact with the Carrier detailed in the Purchase Information.
12. Termination and Cancellation
i) Either The Tape Store or you may terminate your Account without notice.
ii) If The Tape Store terminates your Account, any current or pending purchases on your Account will be cancelled and will not be dispatched.
iii) The Tape Store reserves the right to cancel purchases without stating reasons for any reason prior to processing payment and dispatch.
iv) If purchases are cancelled for any reason prior to dispatch you will be refunded any monies paid in relation to those purchases.
v) If you terminate your Account any non-dispatched or processed purchases will be cancelled and you will be refunded any monies paid in relation to those purchases. Any items dispatched cannot be cancelled.
13. Goods, Pricing and Availability
i) Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from The Tape Store correspond to the actual Goods, The Tape Store is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether. Manufacturers may change the appearance of their products from time to time or without informing us. This can be in terms of labeling, case design, tape design or product colour etc. Whilst every effort has been made to ensure these products are represented properly on our website, we cannot guarantee that your products will not vary from those images or descriptions on our site.
ii) Where appropriate, you may be required to select the required [size] [model] [colour] [number] [length] [diameter] [other feature] of the Goods that you are purchasing.
iii) The Tape Store does not represent or warrant that such Goods will be available.
iv) All pricing information on the Web Site is correct at the time of going online. The Tape Store reserves the right to change prices and alter or remove any special offers from time to time and as necessary. All pricing information is reviewed and updated every month.
v) In the event that prices are changed during the period between an order being placed for Goods and The Tape Store processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price;
vi) The images of the products on our site are for illustrated purposes only. Although we have made every effort to display the colours accurately we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the products. Your products may vary slightly from those images.
vii) The packaging of the products may vary from that site on images or on our site.
viii) All products shown on our site are subject to availability. We will inform you by email as soon as possible if the product you have ordered is not available and we will not process your order if made.
14. Payment Methods
i) We accept Visa, Mastercard, Visa Delta, Visa Electron, Maestro and Solo.
ii) The Tape Store can, in exceptional circumstances, offer credit based on strict 30 day payment terms from date of invoice. Invoices over that period will immediately see an account being place on stop and our credit control procedures put into action.
iii) Credit is available entirely at the Company’s discretion and can be refused with a reason being given. All orders up to £500 must be paid for upfront regardless of the customer or order and each customer’s first order must always be paid up front regardless of their stature and credit rating. All customers will be subject to periodic credit ratings.
iv) Should they wish to request credit the customer should complete the form found at http://www.thetapestore.co.uk/purchase-orders including item names, manufacturers, quantities, colours, sizes, lengths, item numbers and any other relevant details. An invoice will then be emailed to the address provided. We do not post or fax invoices. It is the customer’s absolute responsibility to print out, distribute and process that invoice allowing for payment within our 30 days payment terms.
i) The Tape Store makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate.
ii) We make no guarantee of any specific results from the use of our Services. No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
iii) No part of this Web Site is intended to constitute a contractual offer capable of acceptance.
17. Changes to the Service and these Terms and Conditions
The Tape Store reserves the right to change the Web Site, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Web Site following the changes. If The Tape Store is required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
18. Availability of the Web Site
i) The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
ii) The Tape Store accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
iii) The Tape Store reserves the right to suspend the website at any time for maintenance purposes.
19. Limitation of Liability
i) To the maximum extent permitted by law, The Tape Store accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.
ii) Nothing in these Terms and Conditions excludes or restricts The Tape Store’s liability for death or personal injury resulting from any negligence or fraud on the part of The Tape Store.
iii) Nothing in these Terms and Conditions excludes or restricts The Tape Store’s liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Web Site.
iv) Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
20. Security Liability
i) The information supplied on the Website is provided in good faith and is, to the best of the Company’s knowledge, correct at the time of writing. The customer accepts full responsibility for the handling, storage and correct use of any items purchased via this website or from the Company at any time. Regardless of any communications to the contrary prior to postage, it is assumed that the customer fully understands how to correctly use and care for the items they have purchased. Instructions for the correct usage of items should be available from the product’s manufacturer. It is the customer’s responsibility to procure said information.
ii) The Company is not responsible for any costs or inconvenience incurred by the customer in the event that these items malfunction or provide erroneous data for whatever reason, regardless of product condition or fault.
iii) It is the customer’s responsibility to choose a product that is fit for purpose.
21. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
22. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
23. Definition of Consumer and Business Customer
i) If you are a consumer you may only purchase products from our site if you are at least eighteen years old.
ii) As a consumer you have legal rights in relation to products that are faulty or not as described. Advice about your legal rights is available from your local Citizens Advice Bureau or Trading Standards Office. Nothing in these terms will affect your legal rights.
iii) You are a business customer if you are not a consumer and you confirm that you have authority to bind any business on whose behalf you use our site to purchase products.
24. Leica Geosystems / Leica DISTO Warranty Information
LEICA™ Geosystems AG (LEICA™ Geosystems), warrants to the original end user (Customer) that this Disto Product will be free from defects in workmanship and materials, under normal use three (3) years shall apply, and (ii) batteries for which ninety (90) days shall apply, unless such warranty period has been extended by LEICA™ Geosystems, and provided any and all operating and maintenance instructions are strictly respected, in particular in case of extreme and/or continuous applications/use of the Product.
The warranty period begins on the proved purchase date (or if applicable, date of delivery or date of acceptance report). LEICA™ Geosystem™ sole obligation under this express warranty shall be, at LEICA™ Geosystems sole option and expense, to replace or repair the Product or part, or refund the purchase price paid for the Product. LEICA™ Geosystems warrants any repaired or replaced Product or part for a period of ninety (90) days from shipment, or through the end of the original warranty, whichever is longer. All Products or parts that are replaced become the property of LEICA™ Geosystems. This express warranty does neither cover consumables, such as reflectors, bulbs and fuses, nor third party products. For full details contact Leica Geosystems, or go to www.disto.com
Leica™ Geosystems also excludes any liability, whether based in contract or tort (including negligence), for incidental, consequential, indirect, special, or punitive damages of any kind, or costs of procurement of substitute products by customer, or for the loss of revenue or profits, loss of business, loss of information or data, or other information or financial loss arising out of or in consequence with the sale, installation, maintenance, use, performance, failure, or interruption of this product, even if Leica™ Geosystems or its distributors have been advised of the possibility of such damages, and limits its liability to replacement, repair, or refund of the purchase price paid, at Leica™ Geosystems™ option. This limitation of liability for damages will not be affected if any remedy provided herein shall fail of its essential purpose.
PART 2 - TERMS OF WEBSITE USE
1. Accessing our site
ii) When using our site you must comply with the provisions of our acceptable policy (see 'PART 3' of these terms and conditions). You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who have access to our site through your internet connection are aware of these terms and that they comply with them.
2. Intellectual Property Rights
i) We are the owners or the licensee of all intellectual property rights on 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.
ii) You may print off one copy and may download extracts of any pages from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
iii) 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 or status and that of any identified contributors as the authors of material of material on our site must always be acknowledged.
iv) You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
3. Reliance on information posted
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance based on such materials by any visitor to our site or by anyone who may be informed of any of its contents.
4. Our site changes regularly
We aim to update our site regularly and may change the content at any time. If the need arises we may suspend access to our site or close it indefinitely. Any of the material on our site may be out of date at any given time and we are under no obligation to update such material.
5. Our liability
i) The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy to the extent permitted by law we and third parties connected to us hereby expressly exclude:
a) All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
b) Any liability for any direct, indirect or consequential loss or damage incurred by the user in connection with our site or a connection with the use, inability to use or results of the use of our site any websites linked to it and any materials posted on it, including:
- Loss of income or revenue
- Loss of business
- Loss of profits or contracts
- Loss of anticipated savings
- Loss of data
- Loss of goodwill
- Wasted management or office time and whether caused by tort (including negligence) breach of contract or otherwise even if foreseeable.
ii) This does not affect our liability for death or personal injury arising from our negligence nor liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
6. Information about you and your visits to our site
7. Transactions concluded through our site
Contracts for supply of goods formed through our site are as a result of visits made by you is governed by our terms and conditions of supply (see 'PART 1' of these terms and conditions).
8. Uploading material to our site
i) Whenever you make use of a feature that allows you to update material to our site or to make contact with other users of our site you must comply with the content standard set out in our acceptable use policy (see 'PART 3' of these terms and conditions) you warrant that any such contribution does comply with those standards and indemnify us for any breach of that warranty.
ii) Any material you upload to our site will be considered non-confidential and non-proprietary and we have the right to use, copy, distribute or disclose to third parties any such material for any purpose.
iii) We also have the right to disclose your identity to any third party whose claim is that any material posted or uploaded by you to our website constitutes a violation of intellectual property rights or of their right to privacy.
iv) We will not be responsible or liable to any third party for the content or accuracy of any materials posted by you or other any user of our site.
v) We have the right to remove any material or posting you make on our site if in our opinion such material does not comply with the contents standard set out in our acceptable use policy (see 'PART 3' of these terms and conditions).
9. Viruses, hacking and other offences
i) You must not misuse our site by knowingly introducing viruses, Trojan worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site or any server, computer or database connected to our site. You must not attack our site via denial of service attack or distributed denial of service attack.
ii) By breaching this provision you 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 cooperate 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.
iii) We will not be liable for any loss or damage caused by a distributed denial of service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programmes, data or other proprietary material due to your use of our site or to your downloading of any material posted on it or any website linked to it.
10. Linking to our site
i) You may link to our homepage provided you do so in a way it is fair and legal and does not damage our reputation or take advantage of it but 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.
ii) You must not establish a link to any website that is not owned by you.
iii) Our site must not be framed or any other site nor may you create a link to any part of our site other than the homepage. We reserve the right to withdraw linking permission without notice. The website to which you are linking must comply in all respects with the contents standard set out in our acceptable use policy (see 'PART 3' of these terms and conditions).
11. Links from 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 accept no responsibility for them or any loss or damage that may arise from your use of them.
12. Jurisdiction and applicable law
The Tape Store logo, the Kootoo logo are trademarks of Kootoo Ltd.
15. Your concerns
If you have any concerns about material which appears on our site, please contact firstname.lastname@example.org.
PART 3 - WEBSITE ACCEPTABLE USE POLICY
This Acceptable Use Policy sets out the terms between you and us under which you may access our website (our site - thetapestore.co.uk). This Acceptable Use Policy applies to all users and visitors to the site. Your use of our site means that you accept and agree to abide by all the policies in this Acceptable Use Policy which supplement our Terms of Website Use (see 'PART 2' of these terms and conditions). thetapestore.co.uk is a site operated by Kootoo Limited. We are registered in England and Wales under Company No. 7593069 and our registered office is at 298 St. Mary's Road, Garston, Liverpool, L19 0NQ. Our main trading address is 9-15 Grundy Street, Liverpool, L5 9SG. Our VAT number is 150 8972 92.
1. Prohibited Uses
You may only use our site for lawful purposes. You may not use our site:-
i) In any way that breaches any applicable local, national or international law or regulation.
ii) In any way is unlawful or fraudulent or has any unlawful, fraudulent purpose or effect.
iii) For the purpose of harming or attempt to harm minors in any way.
iv) To send, knowingly receive, upload, download, use or re-use any material which does not comply with our contents standards (see PART 3, section 3 of these terms and conditions below).
v) To transmit or procure the sending of any unsolicited or unauthorised advertising or promotional material or any form of similar solicitation (spam).
vi) 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 programmes or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:-
i) Not to reproduce, duplicate copy or re-sell any part of our site in contravention of the provisions of the terms of the website use. (see 'PART 2' of these terms and conditions).
ii) Not to access without authority, interfere with damage or disrupt::
a) Any part of our site
b) Any equipment or network on which the site is stored
c) Any software used in the provision of our site
d) Any equipment or network or software owned or used by any third party
2. Interactive Services
We may from time to time provide interactive services on our site including without limitation:
ii) Bullet boards
Where we do provide any interactive service we will provide clear information to you about the kind of service offered, if it is moderated, what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risk for users (and in particular for children) from third parties and 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 the light of those risks. However, we are under no obligation to receive, monitor or moderate any interactive service we provide on our site and 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 a 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 foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
3. Content Standards
These content standards apply to any and all material which you contribute to our site and any interactive services associated with this. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as well as its whole. Contributors must:
i) Be accurate where they state facts
ii) Be genuinely held where they state opinions
iii) Comply with the applicable law in the UK and in any country from which they are posted
iv) Contributions must not:
a) Contain any material which is defamatory on any person.
b) Contain any material which is obscene, offensive, hateful or inflammatory.
c) Promote sexually explicit material.
d) Promote violence.
e) Promote discrimination based on race, sex, religion, nationality, sexual orientation or age.
f) Infringe any copyright, database, right or trademark of any other person.
g) By likely to deceive any person.
h) Be made in breach of any legal duty owed to a third party.
i) Promote any illegal activity.
j) Be threatening, abuse or invade another privacy or cause annoyance, inconvenience or needless anxiety.
k) Be likely to harass, upset or embarrass alarm or annoy any person.
l) Be used to impersonate any person and misrepresent identity or affiliation of any person.
m) Give the impression that they emanate from us if this is not the case.
n) Advocate, promote or assist any unlawful act.
4. Suspension and Termination
i) Immediate, temporary or permanent withdrawal of your right to the site
ii) Immediate, temporary or permanent removal of any posting of material uploaded by you to our site
iii) Issue a warning to you
iv) Legal proceedings against you for reimbursement of all costs on an indemnity basis resulting from the breach
v) Further legal action against you
vi) Disclosure of such information to law enforcement authorities as we reasonably feel as necessary
We exclude liability for actions taken in response to breaches of the acceptable use policy and the responses described in this policy are not limited and we may take any other action we deem appropriate.
5. Changes to Acceptable Use Policy
We may revise the 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.