- Introduction
1.1 These terms and conditions shall govern your use of our website.
1.2 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.
1.3 You must be at least 16 years of age to use our website; by using our website or agreeing to
these terms and conditions, you warrant and represent to us that you are at least 16 years of age.
1.4 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 and cookies policy. - Copyright notice
2.1 Copyright (c) 2023 Livedale Foam & Sundries Ltd
2.2 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.
- Licence to use website
3.1 You may:
(a) view pages from our website in a web browser;
(b) download pages from our website for caching in a web browser;
(c) print pages from our website;
(d) stream audio and video files from our website; and
(e) use our website 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 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.
3.3 You may only use our website for your own personal and business purposes, and you must not
use our website 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 website.
3.5 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);
(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.
3.6 Notwithstanding Section 3.5, you may redistribute our newsletter in print and electronic form to
any person.
3.7 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.
- Acceptable use
4.1 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;
(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;
(e) access or otherwise interact with our website using any robot, spider or other automated means,
except for the purpose of search engine indexing;
(f) violate the directives set out in the robots.txt file for our website; or
(g) use data collected from our website for any direct marketing activity (including without limitation
email marketing, SMS marketing, telemarketing and direct mailing).
4.2 You must not use data collected from our website to contact individuals, companies or other
persons or entities.
4.3 You must ensure that all the information you supply to us through our website, or in relation to
our website, is true, accurate, current, complete and non-misleading. - Limited warranties
5.1 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.
5.2 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 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 website services,
or if we stop publishing the website.
5.3 To the maximum extent permitted by applicable law and subject to Section 6.1, we exclude all
representations and warranties relating to the subject matter of these terms and conditions, our
website and the use of our website.
- Limitations and exclusions of liability
6.1 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.
6.2 The limitations and exclusions of liability set out in this Section 6 and elsewhere in these terms
and conditions:
(a) are subject to Section 6.1; 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.
6.3 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.
6.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our
reasonable control.
6.5 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.
6.6 We will not be liable to you in respect of any loss or corruption of any data, database or
software.
6.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
6.8 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 website 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).
- Breaches of these terms and conditions
7.1 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 website;
(c) permanently prohibit you from accessing our website;
(d) block computers using your IP address from accessing our website;
(e) contact any or all of your internet service providers and request that they block your access to
our website; and/or
(f) commence legal action against you, whether for breach of contract or otherwise.
7.2 Where we suspend or prohibit or block your access to our website or a part of our website, you
must not take any action to circumvent such suspension or prohibition or blocking.
- Variation
8.1 We may revise these terms and conditions from time to time.
8.2 The revised terms and conditions shall apply to the use of our website from the date of
publication of the revised terms and conditions on the website, and you hereby waive any right you
may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.
8.3 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 website, and you must stop using the website. - Assignment
9.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights
and/or obligations under these terms and conditions.
9.2 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. - Severability
10.1 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.
10.2 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.
- Third party rights
11.1 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.
11.2 The exercise of the parties’ rights under a contract under these terms and conditions is not
subject to the consent of any third party. - Entire agreement
12.1 Subject to Section 6.1, 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
website and shall supersede all previous agreements between you and us in relation to your use of
our website. - Law and jurisdiction
13.1 These terms and conditions shall be governed by and construed in accordance with English law.
13.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction
of the courts of England. - Our details
14.1 This website is owned and operated by Livedale Foam & Sundries Ltd.
14.2 We are registered in England and Wales under registration number 145215491, and our
registered address is Unit D Enterprise Court, Seaman Way, Ince-in-Makerfield, Wigan, WN2 2AG.
14.3 You can contact us:
(a) by post, using the postal address given above; or
(b) using our website contact form.