Terms And Conditions
These Terms and Conditions apply to the use of the Website (defined below) and by registering as a User of this Website and/or making a Purchase (defined below), you agree to be bound by these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions, you may not use or access this Website or make a Purchase.
1. Definitions
1.1 In these Terms and Conditions, the following words shall have the meanings set opposite:-
"Conditions" | means these terms and conditions; |
"Intellectual Property" | means any patents, copyright, registered designs, unregistered designs, trade marks (whether registered or unregistered), technical information, confidential information, know-how, inventions, database rights, all software and source codes and any other industrial or intellectual property rights whether existing in the United Kingdom and/or elsewhere and any and all applications for any of the foregoing and any and all rights to apply for any of the foregoing; |
"Personal Information" | means the information provided by you on registering with the Website, or subsequently provided by you via the Website, as detailed in paragraph 4; |
Purchase | means a Purchase of a Subscription; |
"Users" | means a registered user of the Website; |
"We or Us" | means brightsold (a company registered under the Companies Acts registered number SC161678 and having a registered office at Gateway House, Luna Place, Technology Park, Dundee DD2 1TP) ; |
"Website" | |
2. Access You are provided with access to this Website in accordance with these Conditions and any Purchases made by you must be made in accordance with these Conditions.
3. Registration
3.1 To make a Purchase you are obliged to register with this Website and provide certain Personal Information to Us. Failure to register with the Website means you will be unable to make a Purchase on the Website.
3.2 You shall ensure that any Personal Information which you are required to provide when you register with this Website is true, accurate, current and complete in all respects.
3.3 You will notify Us immediately of any changes to any Personal Information supplied to Us.
3.4 You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use when using this Website.
3.5 Once registration with the Website is complete, you will be given a password which you require to keep confidential. The password should be used by you to access the Website and make Purchases. You should not allow any third party to become aware of your password and/or allow unauthorised access to your account. You are obliged to inform Us immediately if you have any reason to believe that your password has become known to anyone else, or if your password is being, or is likely to be, used in an unauthorised manner.
3.6 We reserve the right, at our reasonable discretion, to refuse access to the Website and/or terminate registration of any User for any reason.
4. Privacy
4.1 The Personal Information that we collect about you will always be used lawfully and in accordance with the UK Data Protection Act 1998.
4.2 We will hold all information about you securely, in accordance with our own internal security policy and with UK law. We will not collect sensitive personal information (as defined in the UK Data Protection Act 1998) without your explicit consent. We will hold information about your transactions with Us for administrative and legal reasons, and We will not disclose such information to any third party except as required by UK law, or for the purposes of UK statutory audit.
4.3 We will try to ensure that the Personal Information We hold about you is accurate and up-to-date. If you tell Us that We are holding any inaccurate Personal Information about you, We will delete it or correct it promptly.
4.4 We may hold Personal Information about you that you have entered into the site, including your name, address, phone number, email address, transaction information (the numbers, amounts and times of payments you have made to Us), billing address details, and delivery address details. We offer you two options for changing and updating Personal Information about yourself:
4.4.1 You can contact Us through this web-site;
4.4.2 You can write to the postal address provided in paragraph 1.
4.5 We shall not use or disclose your Personal Information except in the circumstances set out below. We will keep all of your Personal Information on a secure server and comply with all applicable UK data protection and consumer legislation from time to time in place.
4.6 We confirm that any Personal Information which you provide to Us shall be used only for the following purposes:-
4.6.1 to process your Purchases;
4.6.2 to administer this Website;
4.6.3 to notify you of any products or special offers that may be of interest to you;
4.6.4 to allow on-line payments for Purchases made by you. This may involve Us passing certain Personal Information to third party on-line payment providers.
4.7 In the event that you do not wish Us to use your Personal Information to notify you of products and special offers, We offer you three options for removing Personal Information about you from our marketing database, and asking not to receive future communications from Us:
4.7.1 You can follow the opt-out instructions in an email sent out by the Website;
4.7.2 You can write to the postal address provided in paragraph 1.
4.8 You shall allow Us to obtain information about you from third parties from time to time including but not limited to your debit or credit card number or credit reports to authenticate your identity, to validate your debit or credit card, to obtain debit or credit card authorisation and to authorise transactions. This information will not be made available to third parties for credit assessment purposes.
4.9 We use your computer's IP (Internet Protocol) address and browser configuration to help diagnose problems with our server, to collect general report information and to administer our Website.
4.10 The Website contains links to other sites We are not responsible for the privacy practices or the content of such Websites.
4.11 If you have registered with the Website or subscribed to the newsletter We may contact you to provide you with updates and news from brightsolid which We think may be of interest to you. Otherwise, We will not contact you unless you have given Us your consent to do so, or unless it is necessary to resolve some problem you have told Us about. We only send newsletters to you if you have specifically registered with Us to receive them. You may choose to opt-out of the newsletter at any time by following the unsubscribe instructions in each newsletter or by contacting Us directly.
4.12 The Website uses customer registration forms and order forms so that you can request particular products, but We do not handle your credit or debit card details. Your credit or debit card information is entered once you've been directed to the secure payment gateway. We do not hold your credit card or debit card information, including your account number, anywhere on our database at any time.
4.13 Our Website may make available to you facilities to discuss topics with other Users, such as chat rooms, forums, message boards, or news groups. Any text you post there may become public information that anyone can read. You should be especially careful about disclosing any Personal Information about yourself on any such area of the Website.
4.14 In the event of a Purchase of Vouchers we will also require to hold personal information relating to the recipient of the vouchers. Such personnel information shall be processed in the same way as all other Personal Information in accordance with this paragraph 4.
4.15 If you have any questions about your data, or practices of this Website, or your dealings with this Website contact:-
brightsolid
Gateway House
Luna Place
Technology Park
DUNDEE
DD2 1TP
5. Purchase and Refund
5.1 A Purchase of Magazine Subscriptions shall be processed as soon as payment has been authorised by your card issuer. If you are an individual you may cancel your agreement with us and receive a full refund of your account credit provided that you tell us of your wish to cancel in writing within 14 working days of your registration. Please
contact us. You will not be entitled to the benefit of this clause 5.1 once you have used the Magazine Subscription to view any magazine editions, even if you still have credit on your account.
6. Payment
6.1 Payment can be made through credit or debit card, and all card transactions are processed through a secure payment gateway. The payment gateway accepts most major credit and debit cards, including Visa, Mastercard, Maestro, Visa Debit, Visa Electron, Solo and JCB. Please note that your card details are never stored on our servers. The only exception to this is where there is a Purchase of Vouchers made in a public building in which case payment can be made by credit and debit cards, cash or cheque, depending on the facilities available.
6.2 All prices are inclusive of VAT where applicable at the current rates and are correct at the time of entering the information on to the Website.
6.3 All credit/debit card purchases are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not for any reason authorise payment to Us, We will not accept your Purchase.
7. Indemnity You agree to fully indemnify, defend and hold Us and our officers, directors, employees, agents and suppliers harmless, from and against all claims, liabilities, damages, losses, costs and expenses including reasonable legal fees arising out of any breach of these Conditions by you, any act or omission by you and any other liabilities arising out of your use of this Website or the use by any other person accessing the Website using your shopping account and or your Personal Information.
8. The Website
8.1 We reserve the right to modify or withdraw temporarily or permanently this Website or any part thereof with or without notice to you and you confirm that We shall not be liable to you or any third party for any modification to or withdrawal of the Website and or change these Conditions from time to time. It is your responsibility to check regularly to determine whether these Conditions have been changed each time you make a Purchase.
8.2 We make no warranty as to the reliability, accuracy, timeliness, usefulness or completeness of this Website.
8.3 While We will use our reasonable endeavours to verify the accuracy of any information We place on this Website, this Website is provided on an "as is" basis and an "as available" basis without any representation or endorsement made and We make no warranties of any kind whether express or implied in relation to the availability or functionality of the Website.
8.4 We have not reviewed any of the sites that may be linked to this Website and are not responsible for the content of any linked pages or other sites linked to this Website. We shall have no responsibility or liability arising from the contents of any linked pages or linked sites or for any error, defamation, omission, obscenity or inaccuracy contained in any information therein.
8.5 You are prohibited from posting or transmitting any unlawful, threatening, defamatory, obscene, inflammatory, pornographic or illegal material on this Website.
8.6 Both parties shall use reasonable efforts to ensure that when using this Website no viruses, Trojan horses or other codes containing contaminating or destructive properties are transmitted. However, We shall have no liability in the event that the same are transmitted during the course of using this Website.
8.7 This Website uses cookies (small information files sent out automatically by the Website and then stored in your computer) to identify your computer, and keep track of your session credit and your shopping cart. We will not disclose to a third party any information about you that We gather using cookies. Unfortunately, this Website is unable to function without the use of cookies and it is not possible to disable cookies should you wish to prevent your information from being stored. If you do not want cookies to monitor your use of the site, then unfortunately there is no alternative other than to log out of the Website.
9.
Customer Service In the event of a query or complaint about the Website or the service, please
contact us using this web-site
10. Intellectual Property and Right to Use the Website
10.1 You acknowledge and agree that all Intellectual Property Rights in all material or content supplied as part of the Website, shall remain at all times vested in Us. You are permitted to use this Website and the material contained therein only as expressly authorised by Us.
10.2 You acknowledge and agree that the material and content contained within the Website is made available for your personal, non-commercial use only and that you may (if necessary to make a Purchase) download such material and content on to only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to assist or facilitate any third party to copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content of the Website. You further agree that you shall not, and shall not assist or facilitate any third party to, systematically extract and/or re-utilise parts of the contents of the Website and in particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation any substantial parts of this Website. You may not create and/or publish your own database that features substantial parts of this Website.
11. Compliance with Laws This Website may be used by you only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through this Website.
12. Limitation of Liability
12.1 We will not be liable to you for any indirect or consequential losses howsoever arising.
12.2 The information presented on the Website is believed to be accurate but should not be relied upon by the User for any particular purpose. We shall not be liable for the content or any omissions from the Website, including any inaccuracies, errors or misstatements in the data available, is excluded.
12.3 Subject to Condition 13.4 below our entire and aggregate liability to you shall be limited to an amount equivalent to twice the sum of any payments received by Us from you.
12.4 Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our representatives, agents or employees.
13. Severance If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
14. Waiver No failures to exercise and no delay in exercising on our part of any right or privilege under these Conditions shall operate as a waiver thereof. A waiver by Us of any breach of the Conditions shall not prevent the subsequent enforcement of that provision and shall not be deemed to be a waiver of any subsequent breach of that or any other provision.
15. Entire Agreement These Conditions govern our relationship with you and represent the entire understanding of the subject matter. We confirm that in agreeing to accept these Conditions you have not relied on any prior representation or communications.
16. Governing Law These Conditions shall be governed by and construed in accordance with Scots law and the parties hereby submit to the exclusive jurisdiction of the Scottish courts.
17. Statutory Rights Your statutory rights are not affected by these Conditions.
18. Promotional Voucher Codes Promotional voucher codes are strictly one code per user.
I understand and accept these Terms and Conditions.
Registered in Scotland Company Number 161678
UK value-added tax (VAT) registration no: 671537327