1. Use of Website and Acceptance (General)
2. Information About Us
We operate the website WWW.WHICHLEDLIGHT.COM. We are Which LED Light Limited, a company registered in England and Wales under company number 07948414 and with our registered office at Sony Technology Centre Pencoed, Cardiff, CF35 5HZ, United Kingdom.
3. Accessing Our Site
3.1 Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
3.2 From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
3.4 When using our site, you must comply with the provisions of our acceptable use policy (see Part C).
3.5 You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
4. Intellectual Property Rights
4.1 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.
4.2 You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
4.3 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.
4.4 Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
4.5 You must not use any part of the materials on our site for commercial purposes without obtaining a license to do so from us or our licensors.
5. Reliance on Information Posted
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
6. Our Site Changes Regularly
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
7. Our Liability
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
7.1 All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
7.2 Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
7.2.1 loss of income or revenue;
7.2.2 loss of business;
7.2.3 loss of profits or contracts;
7.2.4 loss of anticipated savings;
7.2.5 loss of data;
7.2.6 loss of goodwill;
7.2.7 wasted management or office time; and
7.2.8 for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
8. Information About You and Your Visits to Our Site
9. Transactions Concluded Through Our site
Any contracts for the supply of any products listed on our website formed through our site or as a result of visits made by you are governed by our terms and conditions of supply (See Part B).
10. Uploading Material to Our Site
10.1 Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with the content standards set out in our acceptable use policy (see Part C). You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.
10.2 Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
10.3 We 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 our site.
10.4 We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in our acceptable use policy (see Part C).
11. Viruses, Hacking and Other Offences
11.1 You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which 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.
11.2 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.
11.3 We will not be liable for any loss or damage caused by a distributed denial-of-service 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 our site or to your downloading of any material posted on it, or on any website linked to it.
12. Linking To Our Site
12.1 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, but 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.
12.2 You must not establish a link from any website that is not owned by you.
12.3 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. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy (see Part C).
12.4 If you wish to make any use of material on our site other than that set out above, please address your request to email@example.com.
13. Links From Our Site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
14. Jurisdiction and Applicable Law
14.1 The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
16. Your Concerns
If you have any concerns about material which appears on our site, please contact firstname.lastname@example.org.
(B) SUPPLY OF PRODUCTS
1. Use of Website and Acceptance (Products)
1.1 This Part B (together with the documents referred to on it) tells you the terms and conditions on which we are involved in the supply any of the products ("Products") listed on our website WWW.WHICHLEDLIGHT.COM to you. Please read these terms and conditions carefully and make sure that you understand them, before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
1.2 You should print a copy of these terms and conditions for future reference.
1.3 We operate the website WWW.WHICHLEDLIGHT.COM. We are Which LED Light Limited, a company registered in England and Wales under company number 07948414 and with our registered office at Sony Technology Centre Pencoed, Cardiff, CF35 5HZ, United Kingdom.
2. Service Availability
We do not accept orders from addresses outside [the UK and Channel Islands].
3. Your Status
By placing an order through our site, you warrant that:
3.1 you are legally capable of entering into binding contracts; and
3.2 you are at least 18 years old
4. Formation of Contracts
4.1 We only accept orders for the Products as facilitator (and not agent or partner) on behalf of third party sellers ("Suppliers"). The resulting legal contract is between you and that Supplier, and is subject to the terms and conditions of that Supplier ("Supplier Terms and Conditions"), which they will advise you of themselves. You should carefully review Supplier Terms and Conditions applying to the transaction.
4.2 We may disclose your personal information related to transactions to Suppliers (or any other third party sellers pursuant to paragraph 4.3 below).
4.3 We may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that products you purchase from third party sellers through our site (including Products purchased from Suppliers), or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. If you would like information about your legal rights you should contact your local trading standards or citizens advice bureaux.
5. Placing an Order
5.1 After placing an order for Products, you may receive an e-mail from acknowledging that the order has been received. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to the relevant Supplier to purchase the Products in accordance with the Supplier Terms and Conditions.
5.2 All orders are subject to acceptance by the Supplier.
6. Consumer Rights
If you are contracting as a consumer, your rights to cancel any contracts with the Supplier shall be governed by the Supplier Terms and Conditions. It shall be the Supplier's responsibility to provide you with details of your statutory right of cancellation and an explanation of how to exercise it.
7. Availability and Delivery
The Supplier Terms and Conditions will set out any delivery dates applicable in relation the Products.
8. Risk and Title
Unless otherwise stated in the Supplier Terms and Conditions:
8.1 the Products will be your responsibility from the time of delivery; and
8.2 ownership of the Products will only pass to you when full payment of all sums due in respect of the Products, including delivery charges is received by us.
9. Price and Payment
9.1 You will make payment for the Products to us and we will accept such payments on behalf of the Supplier.
9.2 The price of the Products and any delivery charges will be as quoted on our site from time to time, except in cases of obvious error.
9.3 Product prices include VAT. However, if the rate of VAT changes between the date of your order and the date of delivery, the VAT you pay will be adjusted, unless you have already paid for the Products in full before the change in VAT takes effect.
9.4 Product prices and delivery charges are liable to change at any time.
9.5 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. If Product's correct price is higher than the price stated on our site, you may (at the discretion of us and/or the Supplier) be contacted for instructions before dispatching the Product or your order may be rejected and you will be notified that it is being rejected.
9.6 If there is a pricing error, the Products do not have to be provided to you at the incorrect (lower) price.
9.7 Payment for all Products must be by credit or debit card. We accept payment with VISA, VISA Electron, Delta, MasterCard, Maestro, and Solo.
No warranty is given by us in relation to any Products purchased via our website and so far as is legally permissible all statutory and implied rights shall not apply in relation to the sale of the Products.
11. Our Liability
11.1 Subject to clause 13.2 below, we shall not be liable for any losses (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise and whether direct or indirect) that you suffer as a result of the failure of the Supplier to comply with the terms of any contracts made between you and the Supplier or otherwise in connection with the Products. In particular (but without limitation) we will not be liable for losses that fall into the following categories:
11.1.1 loss of income or revenue;
11.1.2 loss of business;
11.1.3 loss of profits;
11.1.4 loss of anticipated savings;
11.1.5 loss of data; or
11.1.6 waste of management or office time.
11.2 Nothing in this agreement excludes or limits our liability for:
11.2.1 death or personal injury caused by our negligence;
11.2.2 fraud or fraudulent misrepresentation; or
11.2.3 any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
11.3 The Supplier's individual liability will be set out in the Supplier's Terms and Conditions.
11.4 Please also note that you must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable for any breach by you of any such laws.
12. Written Communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to us at Sony Technology Centre Pencoed, Cardiff, CF35 5HZ, United Kingdom OR email@example.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 13 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14 above.
If any court or competent authority decides that any of the provisions of these terms and conditions are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
16. Entire Agreement
16.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the Products.
16.2 We each acknowledge that, in agreeing these terms and conditions, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
16.3 Nothing in this clause limits or excludes any liability for fraud.
17. Our Right to Vary These Terms and Conditions
17.1 We have the right to revise and amend these terms and conditions from time to time.
17.2 You will be subject to the policies and terms and conditions in force at the time that you order Products, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you).
18. Law and Jurisdictions
These terms and conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with the same (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of England and Wales.
19. Third Party Right
A person who is not party to these terms and conditions shall not have any rights under or in connection with it under the Contracts (Rights of Third Parties) Act 1999.
(C) ACCEPTABLE USE POLICY
1. This acceptable use policy sets out the terms between you and us under which you may access our website WWW.WHICHLEDLIGHT.COM (our site). This acceptable use policy applies to all users of, and visitors to, our site.
2. Your use of our site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms of website use (see Part A).
3. WWW.WHICHLEDLIGHT.COM is a site operated by Which LED Light Limited (we or us). We are registered in England and Wales under company number 07948414 and we have our registered office at Sony Technology Centre Pencoed, Cardiff, CF35 5HZ, United Kingdom.
4. Prohibited Uses
4.1 You may use our site only for lawful purposes. You may not use our site:
4.1.1 In any way that breaches any applicable local, national or international law or regulation.
4.1.2 In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
4.1.3 For the purpose of harming or attempting to harm minors in any way.
4.1.4 To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards stated below.
4.1.5 To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
4.1.6 To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
4.2 You also agree:
4.2.1 Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of website use (see Part A).
4.2.2 Not to access without authority, interfere with, damage or disrupt:
188.8.131.52 any part of our site;
184.108.40.206 any equipment or network on which our site is stored;
220.127.116.11 any software used in the provision of our site; or
18.104.22.168 any equipment or network or software owned or used by any third party.
5. Interactive Services
5.1 We may from time to time provide interactive services on our site, including, without limitation:
5.1.1 Chat rooms.
5.1.2 Bulletin boards.
5.2 Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
5.3 We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
5.4 The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
5.5 Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
6. Content Standards
6.1 These content standards apply to any and all material which you contribute to our site ("contributions"), and to any interactive services associated with it.
6.2 You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
6.3 Contributions must:
6.3.1 Be accurate (where they state facts).
6.3.2 Be genuinely held (where they state opinions).
6.3.3 Comply with applicable law in the UK and in any country from which they are posted.
6.4 Contributions must not:
6.4.1 Contain any material which is defamatory of any person.
6.4.2 Contain any material which is obscene, offensive, hateful or inflammatory.
6.4.3 Promote sexually explicit material.
6.4.4 Promote violence.
6.4.5 Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
6.4.6 Infringe any copyright, database right or trade mark of any other person.
6.4.7 Be likely to deceive any person.
6.4.8 Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
6.4.9 Promote any illegal activity.
6.4.10 Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
6.4.11 Be likely to harass, upset, embarrass, alarm or annoy any other person.
6.4.12 Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
6.4.13 Give the impression that they emanate from us, if this is not the case.
6.4.14 Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
7. Suspension and Termination
7.1 We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
7.2.1 Immediate, temporary or permanent withdrawal of your right to use our site.
7.2.2 Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
7.2.3 Issue of a warning to you.
7.2.4 Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
7.2.5 Further legal action against you.
7.2.6 Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
7.3 We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
8. Changes to the Acceptable Use Policy
We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.