In General Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service. Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website. This Website may also contain links (the “Linked Sites”) to other websites, which are not operated by Spear & Arrow. Spear and Arrow has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.
Privacy Policy Details about our information privacy practices relating to this Website and the Services, can be found on our online Privacy Notice. By using this Website, you consent to the processing described in the Privacy Notice and warrant that all data provided by you is accurate.
USE You must not misuse this Website. You may only use the Website in accordance with these Terms and Conditions and, in any event, for lawful and proper purposes which include complying with all applicable laws, regulations and codes of practice within the UK or any other jurisdiction from which you are accessing the Website. In particular, you agree that you will: • provide true, accurate, current, complete and non-misleading information on any registration form or as otherwise reasonably requested by Spear and Arrow ; • not place any unauthorised, false or fraudulent details. • not post, transmit or otherwise disseminate any information on or via the Website, which is or may be harmful, vulgar, obscene, defamatory, harmful, tortious, racist or otherwise illegal or offensive. • not post, transmit or otherwise disseminate any materials that infringe the proprietary rights of any third party, including intellectual property rights and rights of privacy; • not take any action that imposes an unreasonable or disproportionately large load on the Website; • not transmit or knowingly distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; • not attempt to gain unauthorised access to the Website, the system or server on which the Website is located, or any server, computer or database connected to the Website; • not attempt to affect the performance or functionality of any computer facilities of, or accessed through, this Website, or take any action which would constitute a criminal offence under the Computer Misuse Act 1990; • not attack the Website via a denial-of-service attack or a distributed denial-of-service attack. Without prejudice to any of our other rights, Spear and Arrow reserves the right at any time to: 3.1 suspend the Products/Services offered on the Website 3.2 remove goods from the Website, including any promotions or featured jobs; 3.3 cancel your registration and/or online account (“Account”) without prior notice to you; 3.4 report any breach under the Computer Misuse Act 1990 to the relevant law enforcement authorities and disclose your identity to them; and/or 3.5 deny you access to the Website, where we reasonably believe (in our absolute discretion) that you are in breach of any of these Terms and Conditions or the Privacy Notice. Spear and Arrow will not be liable for any loss or damage caused by a distributed denial-ofservice attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
Setting up an Account In order to purchase products from Spear and Arrow you will need to set up an Account. Spear and Arrow will ask you for some personal information in order to set up your Account. Please see our Privacy Notice to understand how we will handle your personal information. (b) Placing an order If you are under the age of 18 please seek permission from a parent or guardian before purchasing online. By placing an order online, you are offering to purchase our products /services / goods subject to these Terms and Conditions. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card or E-voucher used to place your order and that there are sufficient funds to cover the cost of the products / services / goods and delivery charges. At this stage you can allow your payment details to be retained for your next purchase. Once your order is complete you can then follow the status of any orders you make by clicking into “My Account”. (c) Our contract with you When you place an order, you will receive an acknowledgement email confirming receipt of your order by Spear and Arrow. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we or our Linked Sites sends you confirmation by email that the products / services / goods you ordered have been despatched to you. Payment will be taken when the order is placed. Only those products / services / goods listed in the confirmation email sent at the time of order will be included in the contract formed with you. You will be able to access the contract details at any time in your online “My Account”. The contract will be concluded in English between you and Spear and Arrow. (d) Delivery to you All products / services / goods will be delivered as described on the respective sections on the website (principally online and where applicable in person). From time to time we may also deliver to you added goods or materials as part of the service. The estimated delivery times for the goods or materials will be subject to any delays resulting from postal delays or force majeure (events outside our control, for example due to inclement weather or strikes) for which we will not be responsible. (e) Pricing and availability Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. All products / services / goods are sold subject to availability and prices of products may change from time to time. If we discover an error in the price of any products / service / goods ordered by you, we will inform you of this as soon as possible and give you the option of confirming your order at the correct price or cancelling it. Spear and Arrow reserve the right to change the price of any product / service / item on the Website where that product / service / item has been priced incorrectly. If, by mistake, we have under-priced a product / service or item, we will not be liable to supply that product / service or item to you at the stated price, provided that we notify you before we deliver the product / service / item to you. In those circumstances, we will notify the correct price to you so you can decide whether or not you wish to order the product /service / item at that price. If you decide not to order the product / service / item, we will give you a full refund on any amount already paid for that item in accordance with our refund policy. Currently no VAT is being charged. Delivery costs will be charged in addition (where applicable); such additional charges are clearly displayed and included in the total cost. (f) Security You are responsible for maintaining the confidentiality of your Account details, including passwords. Spear and Arrow shall not be liable for any loss occurring as a result of failure by you to maintain the security of this information.
Copyright, Trademark and other Intellectual Property Rights The intellectual property rights in all software and content (all images, illustrations, designs (including product or service or item designs), graphics, icons, photographs, text, audio clips, video clips, and other materials that appear as part of the Website as well as the selection, arrangement and organisation of the foregoing and the Website as a whole collectively, “Content”) made available to you on or through this Website remains the property of Spear and Arrow or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Spear and Arrow and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
Submission and Uploading Material to our Website Other than personal information which is subject to the Privacy Notice, all comments, blogs, feedback, suggestions, ideas, original materials such as stories, artwork, computer code, or product or marketing ideas and any other submissions disclosed, submitted or offered to Spear and Arrow on or through the Website or otherwise disclosed, submitted or offered by you to us (collectively, “Submissions”) shall be and remain the property of Spear and Arrow. Such disclosure, submission or offer of any Submissions and your agreement to these Terms and Conditions shall constitute an assignment to Spear and Arrow of any intellectual property rights. You warrant that any Submissions comply with those standards, and you indemnify us for any breach of that warranty. As such, Spear and Arrow will own exclusively all such rights, titles and interests and shall have the right to use, reproduce, create derivative works based upon, disclose, publish, distribute, display and publicly perform, any Submissions and not be limited in any way in its use, commercial or otherwise, of any Submissions. Further, Spear and Arrow shall be under no obligation to maintain any Submissions in confidence, pay to users any compensation or royalties for any Submissions, or provide attribution to any users for any Submissions. Spear and Arrow shall have no obligation to keep confidential, use, return, or review any Submissions. Spear and Arrow will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Website.
Disclaimer of Liability The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law Spear and Arrow and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
Indemnity You agree to indemnify, defend and hold harmless Spear and Arrow, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
Variation Spear and Arrow shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Products/ Services / Goods and/or any page of this Website.
Invalidity If any part of the Terms and Conditions is unenforceable (including any provision in which we exclude our liability to you), the enforceability of any other part of the Terms and Conditions will not be affected. All other terms will remain in full force and effect. So far as possible where any term or part of a term can be severed or removed to render the remaining part valid, the term shall be interpreted accordingly. Alternatively, you agree that the term shall be rectified and interpreted in such a way that closely resembles the original meaning of the term as is permitted by law.
Waiver If you breach these Terms and Conditions and we take no action, Spear and Arrow will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
Governing law and jurisdiction These Terms and Conditions are to be construed in accordance with the laws of England and, in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the English courts.
Entire Agreement The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Spear and Arrow. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Spear and Arrow.
