Terms
Agreement to Terms Effective 1st July 2024
1.1 These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (you), and Craig Underhill, located at 1 Relistian Lane, Reawla, Hayle, Cornwall TR27 5HE United Kingdom (we, us), concerning your access to and use of the craigunderhill.co.uk (https://www.craigunderhill.co.uk) website as well as any related applications (the Site).
You agree that by accessing the Site and/or Services, you have read, understood, and agree to be bound by these Terms and Conditions.
If you do not agree with these Terms and Conditions, you are prohibited from using the Site and Services, and you must discontinue use immediately. We recommend printing a copy of these Terms and Conditions for future reference.
1.2 The supplemental policies set out in Section 1.7 below, as well as any supplemental terms and conditions or documents that may be posted on the Site from time to time, are expressly incorporated by reference.
1.3 We may change these Terms and Conditions at any time. The updated version will be indicated by an updated “Revised” date and effective as soon as it is accessible. You are responsible for reviewing these Terms and Conditions to stay informed of updates. Your continued use of the Site represents that you have accepted such changes.
1.4 We may occasionally update or change the Site to reflect changes to our products, users’ needs, and/or business priorities.
1.5 Our site is directed to people residing in the United Kingdom. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
1.6 Additional policies which also apply to your use of the Site include:
Our Privacy Notice https://www.craigunderhill.co.uk/privacy/ sets out the terms on which we process any personal data we collect from you or that you provide us. By using the Site, you consent to such processing and warrant that all data you provide is accurate.
Our cookie policy https://www.craigunderhill.co.uk/privacy/ sets out information about the cookies on the Site.
If you purchase services and/or content from the Site, our terms and conditions of supply will apply to the sales and use.
2. Acceptable Use
2.1 You may not access or use the Site for any purpose other than that for which we make the site and our services available. The Site may not be used for commercial endeavours except those we endorse or approve.
3. Our content
3.1 Unless otherwise indicated, the Site and Services, including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (Our Content), are owned or licensed to us and are protected by copyright and trade mark laws.
3.2 Except as expressly provided in these Terms and Conditions, no part of the Site, Services or Our Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
3.3 Although we make reasonable efforts to update the information on our site, we make no representations, warranties, or guarantees, whether express or implied, that the Content on the Site is accurate, complete, or up to date.
4. Site Management
4.1 We reserve the right, at our sole discretion, to (1) monitor the Site for breaches of these Terms and Conditions; (2) take appropriate legal action against anyone in breach of applicable laws or these Terms and Conditions; (3) remove from the Site or otherwise disable all files and content that are excessive in size or are in any way a burden to our systems; and (4) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and Services.
4.2 We do not guarantee that the Site will be secure or free from bugs or viruses.
4.3 You are responsible for configuring your information technology, computer programs and platform to access the Site, and you should use your virus protection software.
5. Modifications to and availability of the Site
5.1 We reserve the right to change, modify, or remove the Site's contents at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Services without notice.
5.2 We cannot guarantee the Site and Services will always be available. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or Services during any downtime or discontinuance of the Site or Services. We are not obliged to maintain and support the Site or Services or to supply any corrections, updates, or releases.
5.3 The Site may contain information relating to the Services, including descriptions, pricing, availability, and other information containing typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time without prior notice.
6. Disclaimer/Limitation of Liability
6.1 The Site and Services are provided on an as-is and as-available basis. You agree that your use of the Site and/or Services will be at your sole risk except as expressly set out in these Terms and Conditions. All warranties, terms, conditions and undertakings, express or implied (including by statute, custom or usage, a course of dealing, or common law) in connection with the Site and Services and your use thereof, including, without limitation, the implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement are excluded to the fullest extent permitted by applicable law.
We make no warranties or representations about the accuracy or completeness of the Site’s content. We are not liable for any (1) errors or omissions in content, (2) any unauthorized access to or use of our servers and/or any personal information and/or financial information stored on our server, (3) any interruption or cessation of transmission to or from the site or services; and/or (4) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party. We will not be responsible for any delay or failure to comply with our obligations under these Terms and Conditions if an event beyond our control causes such delay or failure.
6.2 Our responsibility for loss or damage suffered by you:
Whether you are a consumer or a business user:
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
Suppose we need to comply with these Terms and Conditions. In that case, we will be responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions. Still, we would not be responsible for any loss or damage that was not foreseeable when you started using the Site/Services.
Notwithstanding anything to the contrary contained in the Disclaimer/Limitation of Liability section, our liability to you for any cause whatsoever and regardless of the form of the action will at all times be limited to a total aggregate amount equal to the amount paid if any, by you to us for the Services/Site during the six (6) month period before any cause of action arising. Different limitations and exclusions of liability will apply to liability arising from the supply of any products to you, which will be set out in our Terms and conditions of supply.
7. Shipping Delivery and Refunds
All items will be shipped within 2 days of purchase with Royal Mail or an alternative courier. Items posted within the UK should arrive no longer than 48 hours after dispatch. Items shipped overseas will take longer, depending on the destination, and can take up to 4 weeks to arrive. Overseas customers will be sent a tracking number so they can check the progress of the shipment.
If an item was damaged during shipping, you should contact Craig Underhill to discuss a refund or exchange.
8. General:
8.1 Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, and on the Site satisfy any legal requirement that such communication be in writing.
You hereby agree to use electronic signatures, contracts, orders, and other records for the electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction that require an original signature or delivery or retention of non-electronic records or payments or the granting of credits by other than electronic means.
8.2 These Terms and Conditions and any policies or operating rules posted by us on the Site or concerning the Services constitute the entire agreement and understanding between you and us.
8.3 Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.
8.4 A person who is not a party to these Terms and Conditions shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions.
8.5 To resolve a complaint regarding the Services or to receive further information regarding the use of the Services, please get in touch with us by email at craigunderhill7@me.com or by post to:
Craig Underhill
1 Relistian Lane
Reawla
Hayle
TR27 5HE