Terms of service

OUR TERMS

1. THESE TERMS
All references to “you” or “your” means you as the consumer who is accessing our website to purchase our products and references to “we”, “us” or “our” means Ultimate Drinks Limited.

1.1. What these terms cover. These are the terms and conditions on which we supply our products and / or services to you.

1.2. Why you should read them. We ask that you read these terms carefully before submitting your order to us. These terms tell you:

- who we are;
- how we will provide products to you;
- how you and we may change or end the contract;
- what to do if there is a problem; and
- other important information in respect of your purchase of our products.

If you think that there is a mistake in these terms, please contact us to discuss.
 
2. WHO WE ARE AND HOW YOU CAN REACH US

2.1. Who we are. We are Ultimate Drinks Limited a company registered in England and Wales. Our company registration number is 11256021 and our registered office is at 71-75 Shelton Street, Covent Garden, London, England, WC2H 9JQ. Our registered VAT number is GB349368753

2.2. How to contact us. You can contact us by telephoning our customer service team at 0203 972 0072 or by writing to us at info@ultimatedrinks.com AND/OR 71-75 Shelton Street, Covent Garden, London, England, WC2H 9JQ.

2.3. How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address, contact telephone number or postal address you provided to us in your order. Please note when we use the words “writing” or “written” in these terms and throughout our website, this includes writing to you via email.

3. OUR CONTRACT WITH YOU

3.1. How we will accept your order. Our acceptance of your order will take place when we email you to confirm our acceptance of it, at which point a contract will come into existence between you and us.

3.2. If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. The reason for this might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.

3.3. Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you reference the assigned order number whenever you contact us about your order.

3.4. We only sell in the UK. Our website is solely for the promotion of our products in the UK. However, we may from time to time accept orders for our events services from outside the UK in which case additional terms may apply (see clause 16 ). Please note we cannot accept orders from anyone below the age of 18.

4. OUR PRODUCTS

4.1. Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that the device you use will display the colours of our products accurately. Your product may therefore vary slightly from those images.

4.2. Packaging may vary. The packaging of the product delivered may very from any images shown or descriptions provided of our packaging on our website.

4.3. Accurate measurements. If we are making the product to measurements and / or specifications you have given us, you are responsible for ensuring that these measurements and / or specifications are correct. You may find information and tips on how to measure on our website or by contacting us.

5. YOUR RIGHTS TO MAKE CHANGES

If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of delivery or anything else which would be necessary for you to know as a result of your requested change. We will ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract
(see Clause 8 ).

6. OUR RIGHTS TO MAKE CHANGES
  
6.1. We may change the product to:

(a) reflect changes in relevant laws and regulatory requirements; and / or
(b) implement minor technical adjustments and improvements. These changes will not affect your use of the product.

7. PROVIDING THE PRODUCTS TO YOU

7.1. Delivery costs. The costs of delivery will be as displayed to you on our website prior to you placing your order.

7.2. When we will provide the products. During the order process we will let you know when we will provide the products to you.

(a) In respect of products we will deliver them to you as soon as reasonably possible from the day on which we accept your order, or we will contact you with an estimated delivery date.
(b) If the products are one-off services. We will begin the services as soon as reasonably possible and the estimated completion date for the services will be as told to you during the order process.

7.3. If the products are ongoing services or a subscription to receive goods. We will supply the services and / or goods to you until either the services are completed or the subscription expires (if applicable) or you end the contract as described in Clause 8 or we end the contract by written notice to you as
described in Clause 10.

7.4. We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will of course aim to take steps to minimise the effect of any delay. Provided we do this we will not be liable for
delays caused by the event outside our control, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

7.5. Collection by you. If you have asked to collect the products from our premises, we will contact you to arrange a time and date for collection.


7.6. If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, our third-party delivery provider(s) will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.

7.7. If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract in which case Clause 10.2 will apply.

7.8. When you become responsible for the goods. A product will be your responsibility from the time we deliver the product to the address you gave us or from when you collect it from us.

7.9. When you own goods. You own the product(s) once we have received payment in full.

7.10. What happens if you do not give us the required information. We may need certain information from you so that we can provide the products to you, for example, confirmation of your age and may not be able to release the product if we are unable to verify age. If so, this will be stated on our website or in the description of the products on our website. We will contact you to ask for this information, if you do not provide it to us at the time you place the order. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and Clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

7.11. Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:

(a) deal with technical problems or make minor technical changes;
(b) update the product to reflect changes in relevant laws and regulatory requirements
(c) verify your age;
(d) make changes to the product as requested by you or notified by us to you.

7.12. Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.

7.13. We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see Clause 12.4 ) and you still do not make payment within seven (7) days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the
outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not charge you for the products during the period for which they are suspended.

8. YOUR RIGHTS TO END THE CONTRACT

8.1. You can always end your contract with us if: (please note your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract).

(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see Clause 11;

(b) If you want to end the contract because of something we have done or have told you we are going to do, please see Clause 8.2;

(c) If you have just changed your mind about the product, see Clause 8.3. You may be able to get a refund if you are within the cooling-off period (as defined in Clause 8.3 ) but this may be subject to deductions and you will have to pay the costs of return of any goods;

(d) In all other cases (if we are not at fault and there is no right to change your mind), see Clause 8.6.

8.2. Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any products which have not been provided and for which you’ve already paid for and you may also be entitled to compensation. The reasons are:

(a) we have told you about an upcoming significant change to the product which you do not agree with;

(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;

(c) there is a risk that supply of the products may be significantly delayed because of events outside our control and you notify us that you do not wish to proceed; or

(d) we have suspended supply of the products for technical reasons;

8.3. Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund (“cooling-off period”). These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms. However, please note that you will not have a right to receive a refund for the products identified in Clause 8.5 “Bespoke Products” if we (or our suppliers) have started making or preparing the Bespoke Products, even if you are within the cooling-off period.

8.4. Our goodwill guarantee. Please note, these terms reflect the goodwill guarantee offered by Ultimate Drinks Limited of 71-75 Shelton Street, Covent Garden, London, England, WC2H 9JQ to its UK customers, which is more generous than your legal rights under the Consumer Contracts Regulations in the ways set out below. This goodwill guarantee does not affect your legal rights in relation to faulty or misdescribed products:

8.5. When you don’t have the right to change your mind. You do not have a right to change your mind in respect of: bespoke products and unsealed items.

8.6. Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind, you can still end the contract before it is completed, but you may however have to pay us compensation. A contract for goods is completed
when the product is delivered and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind (in accordance with the provisions above), just contact us to let us know. The contract will end immediately and we will refund (so far as is possible) any sums paid by you for products not provided but we may deduct from that refund a reasonable compensation for the net costs we will incur as a result of you ending the contract. This could be up to one-hundred per cent (100%) of the price you have paid if where the product is a Bespoke Product if we’ve already started the work for the Bespoke Product.

8.7. Opened and / or damaged Products. We will not provide a refund for any products which have been opened and / or damaged. We will provide you with a right to a refund or exchange if you the return the products to us unopened and not damaged.

9. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
 
9.1.  Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:

(a) Phone or email. Call customer services on 0203 005 5222 or email us at info@ultimatedrinks.com Please provide your name, home address, details of the order and, where available, your phone number and email address.

(b) Online. Complete the form at the bottom of this page which can be emailed to info@ultimatedrinks.com

(c) By post. Print off the form at the bottom of this page and post it to us at the address on the form. Alternatively, simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.

9.2. Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them, contact us for our returns address, or (if they are not suitable for posting) allow us to collect them from you. Please call customer services on 0203 972 0072 or email us at info@ultimatedrinks.com for a return label or to arrange collection. If you are exercising your right to change your mind you must send off the goods for return to us within 14 (fourteen) days of telling us you
wish to end the contract.

9.3. When we will pay the costs of return. We will pay the costs of return:

(a) if the products are faulty or misdescribed;

(b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or

(c) In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.

9.4. What we charge for collection. If you are responsible for the cost of return and we are collecting the product from you, we will charge you the direct cost to us of collection.

9.5. How we will refund you. We will refund you the price you paid for the products excluding delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

9.6. Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:

(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate
amount.

(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 (three to five) days at one cost but you choose to have the product delivered within 24 (twenty-four) hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

(c) Where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.

9.7. When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:

(a) If the products are goods and we have not offered to collect them, your refund will be made within 14 (fourteen) days from the day on which we receive the product back from you. For information about how to return a product to us, see Clause 9.2.

(b) In all other cases, your refund will be made within 14 (fourteen) days of your telling us you have changed your mind

10. OUR RIGHTS TO END THE CONTRACT

10.1. We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:

(a) you do not make any payment to us when it is due and you still do not make payment within 7 (seven) days of us reminding you that payment is due;

(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, your delivery details/instructions, proof of age;

(c) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us;

(d) you do not, within a reasonable time, allow us access to your premises to supply the services;

10.2. If we end the contract in the situations set out in Clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

11. IF THERE IS A PROBLEM WITH THE PRODUCT

11.1. How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 0203 972 0072 or write to us at info@ultimatedrinks.com and/or 71-75 Shelton Street, Covent Garden, London, England, WC2H 9JQ.

11.2. Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. Please call customer services on 0203 972 0072 or email us at info@ultimatedrinks.com.

12. PRICE AND PAYMENT
 
12.1. Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct and accurate. However please see Clause 12.3 for what
happens if we discover an error in the price of the product you order.

12.2. We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

12.3. What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have
been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods already delivered to you.

12.4. When you must pay and how you must pay. We accept payment from all major debit or credit card providers. All of our products must be paid for in advance at the time of making the order or if you have purchased subscription services then all payments will be taken monthly in advance.

13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

13.1.  We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

13.2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and
match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care; and for defective products under the Consumer Protection Act 1987.

13.3. We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

14. HOW WE MAY USE YOUR PERSONAL INFORMATION
  
14.1. How we may use your personal information. We will only use your personal information as set out in our Privacy Policy.

15. OTHER IMPORTANT TERMS
  
15.1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

15.2. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

15.3. Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither or us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

15.4. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

15.5. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a
payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

15.6. Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.

15.7. Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute
resolution provider we use.

THE SCHEDULE
MODEL CANCELLATION FORM
(Complete and return this form only if you wish to withdraw from the contract)
 
To Ultimate Drinks Limited, 71-75 Shelton Street, Covent Garden, WC2H 9JQ
T: 0203 972 0072 E: info@ultimatedrinks.com
 
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply
of the following service [*],
 
Ordered on [*]/received on [*],
 
Name of consumer(s),
 
Address of consumer(s),
 
Signature of consumer(s) (only if this form is notified on paper),
 
Date
 
[*] 


PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

These terms were most recently updated on 17th June 2020.

1. What's in these terms?
These terms tell you the rules for using our website www.ultimatedrinks.com (our site).

2. Who we are and how to contact us.
www.ultimatedrinks.com is a site operated by Ultimate Drinks Limited ("We"). We are registered in England and Wales under company number 11256021and have our registered office at 71-75 Shelton Street, Covent Garden, WC2H 9JQ. Our VAT number is GB349368753.

To contact us, please email info@ultimatedrinks.com or telephone our customer service line on 0203 972 0072.

3. By using our site you accept these terms
By using our site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms, you must not use our site. We recommend that you print a copy of these terms for future reference.

4. There are other terms that may apply to you
These terms of use refer to the following additional terms, which also apply to your use of our site:
• Our Privacy Policy 
• Our Cookie Policy, which sets out information about the cookies on our site.
• If you purchase goods from our site, our Terms and conditions of supply will apply to the sales.

5. We may make changes to these terms
We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.

6. We may make changes to our site
We may update and change our site from time to time to reflect changes to our products, our users' needs and our business priorities.

7. We may suspend or withdraw our site
Our site is made available free of charge. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

8. We may transfer this agreement to someone else
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

9. Our site is only for users in the United Kingdom 
Our site is directed to people residing in the United Kingdom. We do not represent that content available on or through our site is appropriate for use or available in other locations.

10. You must keep your account details safe
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at info@ultimatedrinks.com.

11. How you may use material on our site
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged. You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

12. Do not rely on information on this site
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

13. We are not responsible for websites we link to
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.

14. User-generated content is not approved by us
This website may include information and materials uploaded by other users of the site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.

15. How to complain about content uploaded by other users
If you wish to complain about content uploaded by other users, please contact us.

16. Our responsibility for loss or damage suffered by you
(a) Whether you are a consumer or a business user:
• We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
• Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our Terms and conditions of supply.

(b) If you are a business user:
• We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
• We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
• use of, or inability to use, our site; or
• use of or reliance on any content displayed on our site.
• In particular, we will not be liable for:
• loss of profits, sales, business, or revenue;
• business interruption;
• loss of anticipated savings;
• loss of business opportunity, goodwill or reputation; or
• any indirect or consequential loss or damage.

(c) If you are a consumer user:
• Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
• If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

17. How we may use your personal information
We will only use your personal information as set out in our Privacy Policy.

18. We are not responsible for viruses and you must not introduce them
We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

19. Rules about linking to our site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

20. Which country's laws apply to any disputes?
If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland. If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.