Terms and conditions of use
1. Introduction
1.1 These terms and conditions shall govern your use of our webshop.
1.2 By using our webshop, 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 webshop.
1.3 If you [register with our webshop, submit any material to our webshop or use any of our webshop services], we will ask you to expressly agree to these terms and conditions.
1.4 You must be at least [18] years of age to use our webshop; by using our webshop or agreeing to these terms and conditions, you warrant and represent to us that you are at least [18] years of age.
2. Copyright notice
1.2 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 webshop and the material on our webshop; and
(b) all the copyright and other intellectual property rights in our webshop and the material on our webshop are reserved.
3. Licence to use webshop
3.1 You may:
(a) view pages from our webshop in a web browser;
(b) download pages from our webshop for caching in a web browser;
(c) print pages from our webshop;
(d) [stream audio and video files from our webshop]; and
(e) [use [our webshop services] by means of a web browser],
subject to the other provisions of these terms and conditions.
3.2 Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from our webshop or save any such material to your computer.
3.3 You may only use our webshop for [your own personal and business purposes], and you must not use our webshop for any other purposes.
3.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our webshop.
3.5 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from our webshop (including republication on another webshop);
(b) sell, rent or sub-license material from our webshop;
(c) show any material from our webshop in public;
(d) exploit material from our webshop for a commercial purpose; or
(e) redistribute material from our webshop.
3.6 Notwithstanding Section 3.5, you may redistribute [our newsletter] in [print and electronic form] to [any person].
4. Acceptable use
4.1 You must not:
(a) use our webshop in any way or take any action that causes, or may cause, damage to the webshop or impairment of the performance, availability or accessibility of the webshop;
(b) use our webshop 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 webshop 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;
(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 webshop without our express written consent];
(e) [access or otherwise interact with our webshop using any robot, spider or other automated means[, except for the purpose of [search engine indexing]]];
(f) [use data collected from our webshop for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing)].
[additional list items]
4.2 You must not use data collected from our webshop to contact individuals, companies or other persons or entities.
4.3 You must ensure that all the information you supply to us through our webshop, or in relation to our webshop, is [true, accurate, current, complete and non-misleading].
5. Registration and accounts
5.1 You must not allow any other person to use your account to access the webshop.
5.2 You must notify us in writing immediately if you become aware of any unauthorised use of your account.
5.3 You must not use any other person's account to access the webshop[, unless you have that person's express permission to do so].
6. User login details
6.1 You must keep your password confidential.
6.2 You are responsible for any activity on our webshop arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
7. Cancellation and suspension of account
7.1 We may:
(a) [suspend your account];
(b) [cancel your account]; and/or
(c) [edit your account details],
at any time in our sole discretion without notice or explanation.
7.2 You may cancel your account on our webshop [using your account control panel ].
8. Limited warranties
8.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on our webshop;
(b) that the material on the webshop is up to date; or
(c) that the webshop or any service on the webshop will remain available.
8.2 We reserve the right to discontinue or alter any or all of our webshop services, and to stop publishing our webshop, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any webshop services, or if we stop publishing the webshop.
9. Limitations and exclusions of liability
9.1 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.
9.2 The limitations and exclusions of liability set out in this Section 9 and elsewhere in these terms and conditions:
(a) are subject to Section 9.1; 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, except to the extent expressly provided otherwise in these terms and conditions.
9.3 To the extent that our webshop and the information and services on our webshop are provided free of charge, we will not be liable for any loss or damage of any nature.
9.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
9.5 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.
9.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.
9.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
9.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the webshop or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
10. Breaches of these terms and conditions
10.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our webshop;
(c) permanently prohibit you from accessing our webshop;
(d) [block computers using your IP address from accessing our webshop];
(e) [contact any or all of your internet service providers and request that they block your access to our webshop];
(f) commence legal action against you, whether for breach of contract or otherwise; and/or
(g) [suspend or delete your account on our webshop].
10.2 Where we suspend or prohibit or block your access to our webshop or a part of our webshop, you must not take any action to circumvent such suspension or prohibition or blocking[ (including without limitation [creating and/or using a different account])].
11. Variation
11.1 We may revise these terms and conditions from time to time.
11.2 [The revised terms and conditions shall apply to the use of our webshop from the date of publication of the revised terms and conditions on the webshop, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.] OR [We will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our webshop from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our webshop.]
11.3 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the webshop, and you must stop using the webshop.
12. Assignment
12.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
12.2 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.
13. Severability
13.1 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.
13.2 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.
14. Third party rights
14.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
14.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
15. Entire agreement
15.1 Subject to Section 9.1, these terms and conditions[, together with [our privacy and cookies policy],] shall constitute the entire agreement between you and us in relation to your use of our webshop and shall supersede all previous agreements between you and us in relation to your use of our webshop.
16. Law and jurisdiction
16.1 These terms and conditions shall be governed by and construed in accordance with [English law].
16.2 Any disputes relating to these terms and conditions shall be subject to the [exclusive] OR [non-exclusive] jurisdiction of the courts of [England].
16.3 Our VAT number is [248977050].
17. Our details
17.1 This webshop is owned and operated by [Extrema Ltd].
17.2 We are registered in [Scotland] under registration number [SC526777], and our registered office is at [157 Petershill Road, Glasgow, G21 4AL].
17.3 You can contact us:
(a) [by post, using the postal address [given above];
(b) [using our webshop/ebay contact form];
(c) [by telephone, on [the contact number published on our webshop from time to time];
