Your access to and use of Hayburner website ("the Website") and the Services outlined in Clause 2,
are subject exclusively to these Terms and Conditions. You will not use the Website/Services for
any purpose that is unlawful or prohibited by these Terms and Conditions. By using the
Website/Services you are fully accepting the terms, conditions and disclaimers contained
in this notice. If you do not accept these Terms and Conditions you must immediately stop
using the Website/Services.
Hayburner reserves the right to update or amend these Terms and Conditions at any time
and your continued use of the Website/Services following any changes shall be deemed to be your
acceptance of such change. It is therefore your responsibility to check the Terms and Conditions
regularly for any changes.
The Website is an online venue for advertising and product sales.
USER ACCOUNT, PASSWORD AND SECURITY
If a particular Service requires you to open an account you will be required to complete a registration
process by providing certain information and registering a username and password for use with the Services.
In this event you are responsible for maintaining the confidentiality of the username and password and also for all
activities that take place under your account. You agree to immediately notify Hayburner of any unauthorised
use of your password or account or any other breach of security. In no event will Hayburner be liable
for any indirect or consequential loss or damage whatsoever resulting from the disclosure of your username
LINKS TO THIRD PARTY WEBSITES
The Website/Services may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that Hayburner is not responsible for the content or availability of any such sites.
You agree to comply with all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside (if different) and with all local laws and rules regarding acceptable use of and conduct on the Internet.
INTELLECTUAL PROPERTY RIGHTS
The Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website and the Services) are protected by copyright, trade marks, patents and other intellectual property rights and laws. In accessing the Website you agree that you will access the contents solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
Hayburner does not claim ownership of any materials you post, upload or submit to any publicly accessible area of the Services. However, by doing so you are granting Hayburner a world-wide, royalty free, non-exclusive licence to copy, distribute, transmit, reproduce, publicly display, edit, translate or publish such Content for as long as you elect to display such Content via the Services. The licence shall be terminated when such Content is deleted from the Services.
You agree to indemnify and hold Hayburner and its owners, employees and agents harmless from and against any breach by you of these Terms and Conditions and any claim or demand brought against Hayburner by any third party arising out of your use of the Services and/or any Content submitted, posted or transmitted through the Services, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by Hayburner in consequence of your breach of these Terms and Conditions.
DISCLAIMERS AND LIMITATION OF LIABILITY
Use of the Website/Services is at your own risk. The Website/Services are provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
To the extent permitted by law, Hayburner will not be liable for any indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website/Services.
Hayburner makes no warranty that the Website/Services will meet your requirements, that the Content will be accurate or reliable, that the functionality of the Website/Services will be uninterrupted or error free, that defects will be corrected or that the Website/Services or the server that makes them available are free of viruses or anything else that may be harmful or destructive.
Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of Hayburner for death or personal injury as a result of the negligence of Hayburner or that of its employees or agents.
Nothing in these Terms and Conditions shall affect your statutory rights as a consumer.
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
This Agreement shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
We are committed to protecting your privacy. We will only use the information that we collect about you lawfully (in accordance with the Data Protection Act 1998).
We collect information about you for 2 reasons: firstly, to process your orders and second, to provide you with the best possible service.
We will not e-mail you in the future unless you have given us your consent.
We will give you the chance to refuse any marketing email from us or from another trader in the future.
The type of information we will collect about you includes:
We will never collect sensitive information about you without your explicit consent. The information we hold will be accurate and up to date. You can check the information that we hold about you by emailing us. If you find any inaccuracies we will delete or correct it promptly.
The personal information which we hold will be held securely in accordance with our internal security policy and the law and the Which? Web Trader Code.
If we intend to transfer your information outside the EEA (European Economic Area) we will always obtain your consent first.
We may use technology to track the patterns of behaviour of visitors to our site. This can include using a "cookie" which would be stored on your browser. You can usually modify your browser to prevent this happening. The information collected in this way can be used to identify you unless you modify your browser settings.