These terms and conditions “which will be referred to as “Terms” are the contract between you and PELOCKAN LTD and by visiting or using this Website, you agree to be bound by these Terms.
In these Terms (i) “we”, “us”, “our” and “ours” means PELOCKAN LTD, a company registered in England and Wales under registration number 11356860 whose registered office is at 5 Kew Road, Richmond, Middlesex TW9 2PR, and (ii) “you” or “your” means anyone who uses this Website.
Please read these Terms carefully and save a copy of it for future reference. If you do not agree with any of these Terms, you should leave this Website immediately.
The terms and conditions:
1. Definitions
In these Terms, unless the context otherwise requires:
| Consumer | means any individual who, in connection with these Terms, is acting for a purpose which is outside their business; |
|---|---|
| Content | means any content in any form published on Our Website by us or any third party with our consent; |
| Data Protection Legislation | shall mean the Data Protection Act 2018, or, the General Data Protection Regulation (EU) 2016/679 (“GDPR”) (as applicable) and any other laws relating to the protection of personal data and the privacy of individuals; |
| Post | means display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on the Website, and the phrases “Posted” and “Posting” shall be interpreted accordingly; |
| Website | means any website of ours and includes all web pages controlled by us. |
2. Interpretation
2.1 In these Terms, unless the context otherwise requires:
2.1.1 a reference to a person is a reference to one (1) or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation;
2.1.1 these Terms apply to all supplies of Services by us. They prevail over any terms or agreement proposed by you;
2.1.2 any agreement in these Terms by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing;
2.1.3 any obligation of any person arising from these Terms may be performed by any other person;
2.1.4 in these Terms references to a party include references to a person to whom those rights and obligations are transferred or passed as a result of a merger, division, reconstruction or other re-organisation involving that party;
2.1.5 the headings to the paragraphs and schedules (if any) to these Terms do not affect the interpretation;
2.1.6 a reference to an act or regulation includes new law of substantially the same intent as that act or regulation;
2.1.7 in any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party;
2.1.8 these Terms apply in any event to you as a user or prospective user of our Services and so far as the context allows, to you as a visitor to this Website;
2.1.9 these Terms are made only in the English language. If there is any conflict in meaning between the English language version of these Terms and any version or translation of these Terms in any other language, the English language version shall prevail.
3. Our contract with you
2.2 These Terms contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.
2.3 Each party acknowledges that, in entering into these Terms, they do not rely on any representation, warranty, information or document or other term not forming part of these Terms.
2.4 If you use the Website in any way on behalf of another person, you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.
2.5 We do not guarantee that Services advertised on the Website are available.
2.6 We may change these Terms from time to time. The Terms that apply to you are those posted here on our Website on the day you agree to be bound by them.
2.7 We do not provide the Services in all countries. We may refuse to provide the Services if you live in a country where we do not provide the Services.
4. Acceptance of your request for Services
2.8 Your request to use the Services is an offer to buy from us. Nothing said or done by us is an acceptance of an order until we confirm acceptance in writing, referring to the request.
2.9 At any time before the Services are requested, we may decline to provide the Services to you without giving any reason.
5. Price and payment
2.10 The price of any of the Services is as set out on the Website (“Price”).
2.11 Prices exclude UK value added tax (“VAT”) in applicable.
2.12 Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than pounds Sterling will be borne by you.
2.13 If, by mistake, we have under-priced any or all of the Services, we will not be liable to provide those Services to you at the stated price, provided that we notify you before we start to perform the Services.
2.14 If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than fourteen (14) days from the date when we accept that repayment is due.
6. Security of your credit card
2.15 We take care to make the Website safe for you to use.
2.16 Card payments are not processed through pages controlled by us. We use one (1) or more online payment service providers who will encrypt your card or bank account details in a secure environment.
7. Cancellation and refunds
7.1 This and the following clause apply if you buy as a consumer as defined in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the “Regulations”). Provided the Regulations apply to the transaction concerned, then the following clauses apply to these Terms.
7.2 We now inform you that information relating to all aspects of our Services is not in this document but in our marketing material, whether that is in the medium of the Website or in hard copy.
7.3 The following rules apply to cancellation of your order for the Services:
7.3.1 if you have ordered Services, but not received them, you may cancel your order without giving a reason, at any time within fourteen (14) days of your order. You will have no obligation and we will return your money within fourteen (14) days.;
7.3.2 if you have ordered Services, and received them, you may not cancel.
8. Foreign taxes and duties
8.1 If you are not in the UK, we have no knowledge of, and no responsibility for, the laws in your country.
8.2 You are responsible for purchasing the Services and for paying any taxes of any kind levied in your country.
9. Disclaimers
8.3 All implied conditions, warranties and terms are excluded from these Terms. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub clause shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
8.4 We make no representation or warranty for:
8.4.1 the quality of the Services;
8.4.2 any implied warranty or condition as to merchantability or fitness of the Services for a particular purpose;
8.4.3 the correspondence of the Services with any description; or
8.4.4 the adequacy or appropriateness of the Services for your purpose.
8.5 We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from the Website.
8.6 We shall not be liable to you for in any way for any loss, claim, damages or expense whatsoever arising out of or in connection with your use of the Website, including indirect or consequential loss, economic loss or other loss of turnover, profits, business or goodwill. This applies whether in an action of contract, negligence or otherwise, even if such loss was reasonably foreseeable or we knew you might incur it.
8.7 We make no representation or warranty and accept no responsibility in law for:
8.7.1 accuracy of any Content or the impression or effect it gives;
8.7.2 delivery of Content, material or any message;
8.7.3 privacy of any transmission;
8.7.4 any act or omission of any person or the identity of any person who introduces himself to you through the Website; or
8.7.5 any aspect or characteristic of any Services advertised on the Website.
8.8 We will do all we can to maintain access to the Website, but it may be necessary for us to suspend all or part of our service for repairs, maintenance or other good reasons. We may do so without telling you first.
8.9 You agree that in any circumstances when we may become liable to you, the limit of our liability is [. ]
8.10 This clause (and any other clause which excludes or restricts our liability or provides an indemnity to us) applies to our directors, officers, employees, subcontractors, agents and affiliated companies, as well as to us. Any of them may enforce this provision under the Contracts (Rights of Third Parties) Act 1999.
8.11 If you become aware of any breach of any term of these Terms by any person, please tell us by email to []. We welcome your input but do not guarantee to agree with your judgement.
8.12 Nothing in these Terms excludes liability for personal injury or a party’s fraud.
10. Your account with us
8.13 You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Services.
8.14 If you use the Website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your account.
8.15 You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe another person has accessed your account without your authority and you should also log in to your account and change your password.
11. Security of Our Website
8.16 You agree not to violate the Website.
8.17 You now agree that you will not, and will not allow any other person to:
11.2.1 modify, copy, or cause damage or unintended effect to any portion of the Website, or any software used within it;
11.2.2 link to the Website in any way that would cause the appearance or presentation of the Website to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;
11.2.3 download all or any part of the Website without our express written consent;
11.2.4 collect or use any information, Services listings or descriptions;
11.2.5 collect or use any information obtained from or about the Website or the Content except as intended by these Terms;
11.2.6 aggregate, copy or duplicate in any manner any of the Content or information available from the Website, other than as permitted by these Terms or as is reasonably necessary for your use of the Website; or
11.2.7 share with a third party any login credentials to access the Website.
11.3 Despite the above, we hereby grant a non-exclusive, royalty-free and revocable licence to you to:
11.3.2 create a hyperlink to the Website for the purpose of promoting an interest common to both of you and us. You can do this without specific permission. This licence is conditional upon you not portraying us or any of the Services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent; and
11.3.3 you may copy the text of any page of the Website for your personal use in connection with the purpose of the Website.
12. Indemnity
12.1 You agree to indemnify us against any and all costs, claims, losses, damages and expenses arising directly or indirectly from:
12.1.1 your failure to comply with the law of any country;
12.1.2 your breach of these Terms
12.1.3 any act, neglect or default by any agent, employee, licensee or customer of yours;
12.1.4 a contractual claim arising from your use of the Services; and
12.1.5 a breach of the intellectual property rights of any person.
13. Intellectual Property
12.2 We will defend the intellectual property rights in connection with our Services and the Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
12.3 Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
12.4 You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person, firm, company or organisation.
12.5 Subject to these Terms, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.
14. Dispute resolution
14.1 In this clause, the term “ADR Provider” means an approved body under the Alternative Dispute Resolution for Consumer Dispute Regulations 2015.
14.2 The following terms apply in the event of a dispute between you and us:
14.2.1 if you are not happy with our Services or have any complaint then you must tell us by email message to our email address or an updated address which you will find on the Website;
14.2.2 you must email details of any complaints to [].
14.3 If a dispute is not settled as set out above, we hope you will agree to attempt to resolve it by engaging in good faith with us in a process of mediation or arbitration.
14.4 We can propose an ADR Provider or will listen to your proposal.
15. Data protection
The Supplier shall comply at all times with the Data Protection Legislation and the terms of its privacy policy as amended from time to time and displayed on the Website.
16. General matters
16.1 When we communicate with you, we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
16.2 Where we provide Services without specific charge to you, then they are deemed to be provided free of charge, and not to be associated with any other Services for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those Services.
16.3 If any term or provision of these Terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these Terms.
16.4 The rights and obligations of the parties set out in these Terms shall pass to any permitted successor in title.
16.5 No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
16.6 Any communication to be served on either party by the other shall be delivered by hand or sent by first class post, recorded delivery or by e-mail. It shall be deemed to have been delivered:
16.6.1 if delivered by hand: on the day of delivery;
16.6.2 if sent by post to the correct address: within seventy-two (72) hours of posting; and
16.6.3 if sent by e-mail to the address from which the receiving party has last sent e-mail: within twenty-four (24) hours if no notice of non-receipt has been received by the sender.
16.7 These Terms do not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
16.8 Neither party shall be liable for any failure or delay in performance of these Terms which is caused by circumstances beyond their reasonable control.
16.9 These Terms shall be governed by the laws of England and Wales and the parties agree to submit to the exclusive jurisdiction of the English courts.
Notice of right of cancellation: Right to Cancel and Model Cancellation Form Information about your statutory right to cancel
Your right to cancel
Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you have the right to cancel this contract within fourteen (14) days without giving any reason.
The cancellation period will expire fourteen (14) days after the contract was made. That means you can cancel before you have used the Services.
How to cancel
To meet the cancellation deadline, it is enough for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement, sent to us by post or e-mail.
You may use the attached model cancellation form, but you can use your own words as long as your intention is clear.
[You can also make this form available electronically on your website. If you use this option, you should acknowledge cancellation by email without delay.]
Model cancellation form
[Attach this form to your contract or show it as a web form. Complete it as far as
possible. Edit the last line as to whether it is to be completed as a web form or on paper.]
To: PELOCKAN LTD, 5 Kew Road, Richmond, Middlesex TW9 2PR Ordered on [date]/received on [date],
Name: [enter name or names in which the order was made],
Address: [enter your address],
Signature: (only if this form is notified on paper)
Date: [date]
