Terms and Conditions of Use

  1. Introduction

    1. These Terms and Conditions govern your use of our website.
    2. By using our website, you accept these Terms and Conditions in full; accordingly, if you disagree with these Terms and Conditions or any part of these Terms and Conditions, you must not use our website.
    3. If you register with our website or make a purchase on our website, we will ask you to expressly agree to these Terms and Conditions.
    4. Our website uses cookies; by using our website or agreeing to these Terms and Conditions, you consent to our use of cookies in accordance with the terms of our Privacy Policy.

  2. Copyright Notice

    1. Copyright (c) 2015 Everly.
    2. Subject to the express provisions of these Terms and Conditions:
      (a)   we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
      (b)   all the copyright and other intellectual property rights in our website and the material on our website are reserved.

  3. Licence to Use Website

    1. You may:
      (a)   view pages from our website in a web browser;
      (b)   download pages from our website for caching in a web browser; and
      (c)   print pages from our website,
      subject to the other provisions of these Terms and Conditions.
    2. Except as expressly permitted by Section 3.1 or the other provisions of these Terms and Conditions, you must not download any material from our website or save any such material to your computer.
    3. You may only use our website for your own personal purposes, and you must not use our website for any other purposes.
    4. Except as expressly permitted by these Terms and Conditions, you must not edit or otherwise modify any material on our website.
    5. Unless you own or control the relevant rights in the material, you must not:
      (a)   republish material from our website (including republication on another website) without our consent and without linking back to the original source;
      (b)   sell, rent or sub-license material from our website;
      (c)   show any material from our website in public;
      (d)   exploit material from our website for a commercial purpose; or
      (e)   redistribute material from our website.
    6. We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

  4. Acceptable Use

    1. You must not:
      (a)   use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
      (b)   use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
      (c)   use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software; or
      (d)   conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.
    2. You must not use data collected from our website to contact individuals, companies or other persons or entities.
    3. You must ensure that all the information you supply to us through our website, or in relation to our website, is true, current and non-misleading.

  5. Products

    1. The advertising of products on our website constitutes an “invitation to treat” rather than a contractual offer.
    2. We may periodically change the products available on our website, and we do not undertake to continue to supply any particular product or type of product.
    3. The sale and purchase of products through our website will be subject to our Terms and Conditions of Sale, and we will ask you to agree to the terms of that document each time you make a purchase on our website.
    4. Any product reviews that you submit for publication on our website shall be subject to the terms of Section 9 and Section 10.

  6. Registration and Accounts

    1. You may register for an account with our website by completing and submitting the account registration form on our website.
    2. You must notify us in writing immediately if you become aware of any unauthorised use of your account.
    3. You must not use any other person’s account to access the website, unless you have that person’s express permission to do so.

  7. User IDs and Passwords

    1. If you register for an account with our website, you will be asked to choose a user ID and password.
    2. Your user ID must not be liable to mislead and must comply with the content rules set out in Section 10; you must not use your account or user ID for or in connection with the impersonation of any person.
    3. You must keep your password confidential.
    4. You must notify us in writing immediately if you become aware of any disclosure of your password.
    5. You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

  8. Cancellation and Suspension of Account

    1. We may:
      (a)   suspend your account; and/or
      (b)   cancel your account,

      at any time in our sole discretion without notice or explanation.

    2. You may cancel your account on our website by contacting us.

  9. Limited Warranties

    1. We do not warrant or represent:
      (a)   the completeness or accuracy of the information published on our website;
      (b)   that the material on the website is up to date; or
      (c)   that the website or any service on the website will remain available.
    2. We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent that these Terms and Conditions expressly provide otherwise, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
    3. To the maximum extent permitted by applicable law and subject to Section 10.1, we exclude all representations and warranties relating to the subject matter of these Terms and Conditions, our website and the use of our website.

  10. Limitations and Exclusions of Liability

    1. Nothing in these Terms and Conditions will:
      (a)   limit or exclude any liability for death or personal injury resulting from negligence;
      (b)   limit or exclude any liability for fraud or fraudulent misrepresentation;
      (c)   limit any liabilities in any way that is not permitted under applicable law; or
      (d)   exclude any liabilities that may not be excluded under applicable law.
    2. The limitations and exclusions of liability set out in this Section 10 and elsewhere in these Terms and Conditions:
      (a)   are subject to Section 10.1; and
      (b)   govern all liabilities arising under these Terms and Conditions or relating to the subject matter of these Terms and Conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
    3. To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
    4. We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
    5. We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
    6. We will not be liable to you in respect of any loss or corruption of any data, database or software.
    7. We will not be liable to you in respect of any special, indirect or consequential loss or damage.

  11. Third Party Websites

    1. Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.
    2. We have no control over third party websites and their contents, and subject to Section 10.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.

  12. Variation

    1. We may revise these Terms and Conditions from time to time.
    2. The revised Terms and Conditions will apply to the use of our website from the date of their publication on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of the Terms and Conditions.

  13. Assignment

    1. You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms and Conditions.
    2. You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these Terms and Conditions.

  14. Severability

    1. If a provision of these Terms and Conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
    2. If any unlawful and/or unenforceable provision of these Terms and Conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

  15. Third Party Rights

    1. These Terms and Conditions are for our benefit and your benefit, and are not intended to benefit or be enforceable by any third party.
    2. The exercise of the parties’ rights under these Terms and Conditions is not subject to the consent of any third party.

  16. Entire Agreement

    1. Subject to Section 10.1, these Terms and Conditions, together with our Privacy Policy, constitute the entire agreement between you and us in relation to your use of our website and supersede all previous agreements between you and us in relation to your use of our website.

    2. Law and Jurisdiction

      1. These Terms and Conditions shall be governed by and construed in accordance with English law.
      2. Any disputes relating to these Terms and Conditions shall be subject to the non-exclusive jurisdiction of the courts of England.

    3. Our Details

      1. This website is owned and operated by Everly.
      2. Our principal place of business is at 3a Russell Terrace, Leamington Spa, Warwickshire, CV31 1EZ.
      3. You can contact us by writing to the business address given above, by using our website contact form or by email to hello@everly.co.uk.