Website Terms of use
Our terms with you
Important notice
These terms govern our provision and your use of the Exactly What I Want [TM] online service ("the Service"). Please read it carefully.
We provide the Service only in accordance with these terms and if you do not agree to be bound by the following terms you may not use the service.
We care very much about the standard of the Service, and we want to hear from you if you are not satisfied in any way. Please send your comments to info@exactlywhatiwant.co.uk.
WE ARE:
Exactly What I Want of 38 Wheeler Avenue, Swindon, Wiltshire SN2 7HH.
1. Our obligations to you.
1.1 We will provide you with the rights to use the Service that are provided by the form of the account that you may choose to open with us.
1.2 We will observe all relevant UK data protection legislation in relation to the data you provide to us on registration and will only use it for authorised purposes. We will provide the Service to you with reasonable care and skill and will use our reasonable endeavours to maintain continuity of Service. However, we cannot guarantee that the Service will be continuous or error free. We do not accept liability for any special loss or any indirect or consequential loss of any nature (including without limitation any economic loss or other loss of business, production, revenue, profit, goodwill or anticipated savings), whether arising in contract, tort, negligence, breach of statutory duty or otherwise, and whether or not the possibility of such loss arising has been brought to our attention.
1.3 We do not monitor the Service but we reserve the right to do so. We take no responsibility for material that has not been introduced by us or alternatively introduced by us in accordance with your instructions. You acknowledge that you are solely responsible for the form, content and accuracy of any material introduced by you or introduced by us in accordance with your instructions. We do not warrant that any material introduced by you will be viewed by any specific number of potential purchasers or users. We are neither the agent, employee or legal representative of any other user of the Service.
1.4 Whilst we take all reasonable care in providing the Service, any contract you may make with others through the service is entered into at your own risk and we make no representation as to whether you will be satisfied with what others provide to you.
2. Your obligations to us
2.1 You agree to provide accurate and complete information to us when registering to use the Service. You agree that such information as you may provide or post or introduce during your use of the Service will be accurate and complete.
2.2 You agree that you will comply with any reasonable instructions or directions issued by us from time to time concerning access to the Service and that you will only use the Service in a manner consistent with this agreement. You agree that you will not use the Service for any unlawful purpose or in breach of any applicable law or regulation. In particular you will not use the service to commit any criminal act or any act constituting infringement of any intellectual property right, or to transmit any material that is blasphemous, religiously or racially offensive, obscene, indecent or pornographic or which is of a defamatory, offensive, abusive, or menacing character or which may cause annoyance, inconvenience or needless anxiety to any person.
2.3 The Service may only be used for lawful purposes by individuals or businesses promoting their goods and/or services. We reserve the right to remove any material from the Service which we at our sole discretion find objectionable. This may include the posting of any inaccurate information. We reserve the right to end your access to the Service at any time if you are in breach of this agreement.
2.4 You agree to pay us for your use of the Service on the basis agreed between us.
2.5 You agree to indemnify us against all losses (including, without limitation, legal costs) we may incur as a result of any breach by you of these terms.
3. Disclaimer
You use the Service at your own risk. The Service is provided as is and without warranties of any kind either expressed or implied. We disclaim all warranties of merchantability and fitness for a particular purpose to the fullest extent permissible. We do not warrant or make any representations regarding the use of or the result of the use of the material in this Service in terms of its correctness, accuracy, reliability, or otherwise.
4. General
4.1 We reserve the right at any time, in our sole discretion, to make any changes to these terms. Any changes will be notified to you by e-mail or by publishing the revised agreement on this site. By continuing to use the Service you agree to be bound by such changes.
4.2 A person who is not a party to these terms may not enforce any of them under the Contracts (Rights of Third Parties) Act 1999.
4.3 You and we contract as independent contractors and nothing in these terms shall be construed as a relationship of employment, agency, partnership or joint venture.
4.4 These terms supersede any previous accord, understanding or agreement, express or implied. You and we each confirm that neither of us has relied upon any representation not recorded in these terms inducing us to enter into these terms. No variation of these terms shall be valid unless it is in writing and is duly executed by you and us.
4.5 No forbearance or delay by either you or us in enforcing our rights will prejudice or restrict our rights.
4.6 Neither you nor we shall be liable for any delay or default in performing any of our obligations (apart from an obligation to pay money to the other) if the delay or default results from events or circumstances outside our reasonable control, including interruption or failure of utility services including but not limited to electricity, gas, water or telephone services, fire, flood, severe weather conditions, and actions of governments. The party affected shall however use all reasonable endeavours to remove or overcome the cause of such force majeure as soon as practicable.
4.7 This agreement is to be interpreted in accordance with English law and, in the event of any dispute, you and we irrevocably submit to the exclusive jurisdiction of the English Courts.
4.8 Finally, nothing in these terms is to be interpreted as an attempt to limit or exclude our liability for any personal injury resulting from our negligence, and if you are a consumer, nothing in this agreement affects your statutory rights.