Terms & Conditions
1. Agreement to Terms and Conditions
1.1 Acceptance of Terms and Conditions
1.1.1 The website www.circleearth.co.uk is owned and operated by Circle Earth Ltd, trading as 'CIRCLE EARTH'. References to "we", "us", our" or "the website" refer to Circle Earth Ltd. We are a company registered in England and Wales (company number 06133744), and our address for correspondence is: Circle Earth Ltd, Sunnybank Offices, Clifton Lane, Clifton, Preston, PR4 0YE.
1.1.2 Your use of this website for Circle Earth Ltd is at all times subject to our full Terms and Conditions applicable to your use of the website and all applicable laws. By accessing our website you agree to our Terms and Conditions set out below. If you do not agree to these Terms and Conditions, you must exit our website immediately.
1.2 Changes to Terms and Conditions
1.2.1 We reserve the right, from time to time, with or without notice to you, to change these Terms and Conditions at our sole discretion. The Terms and Conditions applicable to your access to and use of this website will be the version that is current and displayed on the website as at each date you access the website. Your use of the Circle Earth Ltd website after changes are made means that you agree to be bound by such changes.
2. Website Use Terms and Conditions
2.1 You agree not to upload, post, email or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with this website. You also agree not to interfere with the servers or networks underlying or connected to this website or our services or to violate any of the procedures, policies or regulations of networks connected to this website.
2.2 You agree not to impersonate any other person while using this website, conduct yourself in an offensive manner while using our website, or use the website for any illegal, immoral or harmful purpose.
2.3 You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. In order to provide you with an easy-to-use service, Circle Earth Ltd will place a 'cookie' (a small text file) on any computer you use to access the website. When you revisit the website, this cookie will enable us to recognise you as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification.
3.1.1 This website and its content is copyright of Circle Earth Ltd 2011. All rights reserved.
3.2.1 All trademarks, logos, images, product and company names displayed or referred to on this website are the property of their respective owners. Nothing on this website grants you any licence or right to use, alter or remove such material.
4. Joining CIRCLE EARTH
4.1 We may refuse any application to join Circle Earth Ltd or receive our services for any reason whatsoever. Please note that by supplying your telephone number on contacting us you grant us permission to contact you via phone regarding your enquiry and any special offers or promotions that we may offer you from time to time.
5. Availability of Website
5.1. Although we aim to offer you the best service possible, we make no promise that our website services will meet your requirements and we cannot guarantee that the service will be fault free. If a fault occurs in the service, please report it to us (see below for contact details) and we will correct the fault as soon as we reasonably can.
5.2. Your access to the Circle Earth Website may be occasionally restricted to allow for repairs, maintenance or the introduction of new properties, investments or services. We will restore the service as soon as we reasonably can.
6. Purchase of Items
6.1 Provided that you meet the minimum criteria in the sign up process you may register as a Circle Earth Ltd website member free of charge. If you register as a Circle Earth Ltd website member, all the relevant terms of these Terms and Conditions shall apply.
7.1 All content and programming of the Circle Earth Ltd website is the property of Circle Earth Ltd. You may not reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Circle Earth Ltd website without written permission from Circle Earth Ltd.
7.2 We reserve the right to terminate or restrict your use of our service, for any or no reason whatsoever. One reason that we may do so is if we believe that you are in breach of any obligation under these terms, including, in particular the section headed 'No commercial exploitation'. If we terminate your use of our service as a result of a breach of any obligation under these terms, such termination would be immediate and without notice.
9. Disclaimer of Warranties and Limitations on Liability
9.1 Nothing in this clause (9) or otherwise in these Terms and Conditions shall exclude or in any way limit Circle Earth Ltd's liability for;
ii) Death or personal injury caused by its negligence (including negligence as defined in s.1 Unfair Contract Terms Act 1977.
iii) Where you are a consumer, for negligence, breach of contract or breach of statutory duty in respect of defective products sold through the website.
iv)Liability to the extent the same may not be excluded or limited as a matter of law.
Nor will any of these terms restrict any of your statutory rights. For further information about your statutory rights, contact your local authority Trading Standards Department or Citizen's Advice Bureau.
9.2 This website and its contents are provided "as is" and on an "as available" basis and we make no representations or warranties of any kind with respect to it. We assume no liability or responsibility for any errors or omissions in the content of the website, any failures, delays, or interruptions in the downloading of any content contained on the website, any costs, losses, expenses or damages arising from the use of the content provided on the website or any conduct by users of the website. Subject to clause 9.1, we disclaim all representations and warranties, including, for example, warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current.
9.3 Subject to clause 9.1, in no event shall we, our shareholders, directors, officers, or employees be liable (jointly or severally), to you or any third party for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of this information. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
9.4 Subject to clauses 9.1, 9.2 and 9.3 our maximum liability to you, (whether in contract, tort, (including negligence), breach of statutory duty or otherwise), arising out of or in connection directly or indirectly with your use of the website, website content or our services shall not exceed in aggregate the greater of £1 and/or the total amount paid by you to us in respect of Circle Earth Ltd Services in the month preceding any such claim but, if you are a consumer, please note that this does not affect your statutory rights.
10. Applicable Law
10.1 This website is controlled by Circle Earth Ltd. Your use of this website is governed by these Terms and Conditions and construed and enforced in accordance with the laws of England and Wales. Disputes arising from your use of this website and the services we provide are subject to the non-exclusive jurisdiction of the English courts.
11. Assignment by Us
11.1 You agree that we may assign any of our rights and/or transfer, sub-contract or delegate any of our obligations under these Terms and Conditions. These Terms and Conditions are personal to you and are agreed to by you for your own benefit and not for the benefit of any other party.
12. No Waiver
12.1 If we delay exercising or fail to exercise or enforce any right available to us under these Terms and Conditions, such delay or failure does not constitute a waiver of that right or any other rights under these Terms and Conditions.
13. Force Majeure
13.1 We will not be liable to you for any lack of performance, or the unavailability or failure, of this website or our services, or for any failure by us to comply with these Terms and Conditions, where such lack, unavailability or failure arises from any cause reasonably beyond our control.
14. Third Party Rights
14.1 Subject to clause 11.3, which confers a benefit upon Third Party Licensor's as applicable, which you hereby acknowledge and agree shall be directly enforceable by such third parties, nothing in these Terms and Conditions confers on any third party any benefits under the provisions of the Contracts (Rights of Third Parties) Act 1999.
14.2 In accordance with clause 1.2.1, we may rescind, waive, assign, release or vary any or all of the provisions in this Agreement in any way without consent of any third party.
15. Indemnity by you
15.1 You agree to indemnify and hold Circle Earth Ltd, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable legal fees, arising out of or in connection with any breach by you of these Terms and Conditions or any violation by you of any applicable laws or the rights of any third party.
16. Website disclaimer
16.1 The information contained in this website is for general information purposes only. The information is provided by Circle Earth Ltd and whilst we endeavour to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
16.2 This website and its content are copyright of Circle Earth Ltd
16.3 This version last updated 20th of November 2011