1.1    In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

 

“Associated Persons”

Means any person or persons who is or are directors, officers, staff, employees, shareholders, consultants, suppliers, agents, customers of Us or any other person associated with Us

“Content”

means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site; and

“Intellectual Property Rights”

Means any and all copyrights, design rights, database rights, patents, trademarks and other like or similar rights and property enforceable as such in the United Kingdom.

“Third Party Site”

Means any publication, directory, web site, database, web scripts, web content, software, programme, programme code, code, script, or other forms of electronic or paper-based content produced and/or controlled by a third party which is not Us and not you.

“User Equipment”

Means any mobile telephone, tablet computer, microcomputer, laptop computer, computer, equipment, software, hardware, programme, code or script designed or intended to permit the viewing of web pages or capable of being used to view web pages.

“We/Us/Our”

means EWOP Group Limited, a company registered in England under registered number 11737224, whose registered address is 8 Pound Hill, Cambridge, Cambridgeshire CB£ 0AE and whose main trading business is at that same address.

2.1    Our Site is owned and operated by Us.

2.2    Our VAT number is 311 6907 22.

2.3    We are engaged in the advertising, marketing and sale of office furniture and related products in the United Kingdom, together with associated and supporting activities.

3.1    You are only permitted to access Our Site through the internet.

3.2    Access to Our Site through the internet is free of charge.

3.3    It is your responsibility to make any and all arrangements necessary in order to access Our Site. It is your responsibility provide any and all User Equipment and other things necessary in order to access Our Site and to provide and use up-to-date versions of any relevant software, code or script.

3.4    Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice.  We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period and for any reason. 

3.5    We do not make any assurances or give any promise about the future availability of Our Site or any part of it.

3.6    Whilst we aim to make Our Site usable to others and to potential customers, we do not make any assurances or give any promise about the compatibility of Our Site with any User Equipment. Our Site may fail to load on your User Equipment or may display in a manner which is faulty or incomplete. 

3.7    If Our Site is displayed on your User Equipment in a way which is materially faulty or incomplete you will not be able to use it and must not rely on any information which seems to be provided without checking with Us first.

4.1    All Content included on Our Site and the copyright and other Intellectual Property Rights subsisting in that Content, unless specifically labelled otherwise, belongs to, is registered to or has been licensed by Us. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.

4.2    Subject to sub-Clauses 4.3 and 4.6 you may not reproduce, copy, disseminate, distribute, sell, lend, rent, sub-licence, store, or in any other manner re-use Content from Our Site unless given express written permission to do so by Us.

4.3    You may:
    4.3.1    Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);
    4.3.2    Download Our Site (or any part of it) for caching;
    4.3.3    Print one copy of any page or pages from Our Site;
    4.3.4    Download extracts from pages on Our Site;
    4.3.5    Save pages from Our Site for later and/or offline viewing; and
    4.3.6    Make any use of Our Site or Content from Our Site which is specifically ordered by a Court or by written order from a competent governmental authority with responsibility for regulating you. PROVIDED THAT the relevant Court or governmental authority was aware when making its order that Our Site belongs to Us and is provided on these Terms and Conditions.

4.4    Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged and indicated in writing. In particular, any re-use of Content from Our Site must at all times and in all circumstances be accompanied by a notice which states that the relevant Content belongs to Us and giving Our company name and registered address.

4.5    You may not re-use any Content transmitted, saved or downloaded from Our Site for commercial purposes (other than dealing with Us) without first obtaining a licence from Us (or our licensors, as appropriate) to do so. This does not prohibit the normal access, viewing and use of Our Site for general information purposes whether by business users or consumers.

4.6    Nothing in these Terms and Conditions limits or excludes the provisions of Chapter III of the Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.

4.7    You agree not to infringe any Intellectual Property Rights held by or registered to Us or by our Associated Persons and to indemnify us if you do so and thereby cause Us loss or damage.

4.8    If you become aware of any infringement of our Intellectual Property Rights on a Third Party Site you will take reasonable steps to inform us of this

5.1    You may link to Our Site provided that:
    5.1.1    You do so in an open, fair and legal manner;
    5.1.2    You do not by so doing commit any deception, fraud, misrepresentation or other illegal or deceptive practice;
    5.1.3    You do not do so in a manner that suggests any form of association, endorsement or approval on Our part or on the part of our Associated Persons where none exists;
    5.1.4    You do not use any logos or trade marks displayed on Our Site without Our express written permission;
    5.1.5    You do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it; and
    5.1.6    You do not do so in a way that is calculated to damage the reputation of Our Associated Persons or to take unfair advantage of it.

5.2    You may not link to any page other than the homepage of Our Site at https://ewop.co.uk/. Deep-linking to other pages requires Our express written permission.

5.3    Framing or embedding of Our Site on other websites is not permitted without Our express written permission. Please contact Us for further information.

5.4    You may not link to Our Site from any other site the main content of which contains material that:
    5.4.1    is sexually explicit;
    5.4.2    is obscene, deliberately offensive, hateful or otherwise inflammatory;
    5.4.3    promotes violence;
    5.4.4    promotes or assists in any form of unlawful activity;
    5.4.5    discriminates against, or is in any way defamatory of, any person, group or class of persons on grounds of their race, sex, religion, nationality, ethnicity, disability, sexual orientation, or age;
    5.4.6    is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
    5.4.7    is calculated or is otherwise likely to deceive another person;
    5.4.8    is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy;
    5.4.9    misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 5.4);
    5.4.10    implies any form of affiliation with Us or with our Associated Persons where none exists;
    5.4.11    infringes, or assists in the infringement of, the Intellectual Property Rights (including, but not limited to, copyright, trade marks and database rights) of any other party; or
    5.4.12    is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

5.5    The content restrictions in sub-Clause 5.4 do not apply to content submitted to sites by other users provided that the primary purpose of the site accords with the provisions of sub-Clause 5.4. You are not, for example, prohibited from posting links on general-purpose social networking sites merely because another user may post such content.  You are, however, prohibited from posting links on websites which focus on or encourage the submission of such content from users.

Links to other Third Party Sites may be included on Our Site.  We may also mention other web sites, publications or persons in the written text on Our Site. Unless expressly stated, these sites are not under Our control.  We neither assume nor accept responsibility or liability for the content of third party sites.  The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.

7.1    Save as otherwise provided by a separate contract of sale between you and US, nothing on Our Site constitutes advice on which you should rely. It is provided for general information purposes only.

7.2    Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.

7.3    We make within the limitations of a small business, limited but reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.

8.1    If we conclude a separate contract of sale with you in relation to office furniture or other items, our liability to you in respect of those matters will be governed by that contract. If it conflicts in any way with these terms and conditions, it will take precedence over them.  These terms and conditions will still remain enforceable between us as relates to any matters not covered by that separate contract of sale. 

8.2    To the fullest extent permissible by law, We accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise howsoever, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content included on Our Site.

8.3    To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content included on Our Site.

8.4    If you are a business user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.

8.5    We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware. We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content from it) or any other site referred to on Our Site.

8.6    We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from matters which are not under our control including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, telephone network failure, cyber attacks, cyber terrorism, natural disasters, flood, fire, hurricane, windstorms, natural events, acts of war, acts of God, or legal restrictions and censorship.

8.7    Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

9.1    We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.

9.2    You are responsible for protecting your hardware, software, data and other material from viruses, malware, cyber attacks, phishing attacks and other internet security risks.

9.3    You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.

9.4    You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site or controlled by Us or by any of our Associated Persons.

9.5    You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.

9.6    If you breach the provisions of sub-Clauses 9.3 to 9.5 you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them.  Your right to use Our Site will cease immediately in the event of such a breach.

10.1    You may only use Our Site in a manner that is reasonable, lawful and proportionate. Specifically:
    10.1.1    you must ensure that you comply fully with any and all local, national or international laws and/or regulations;
    10.1.2    you must not use Our Site in any way, or for any purpose, that is deceptive, unlawful or fraudulent;
    10.1.3    you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
    10.1.4    you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way. 

10.2    We reserve the right to suspend or terminate your access to Our Site if you materially breach the provisions of this Clause 10 or any of the other provisions of these Terms and Conditions. Specifically, We may take one or more of the following actions:
    10.2.1    suspend, whether temporarily or permanently, your right to access Our Site;
    10.2.2    issue you with a written warning;
    10.2.3    take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
    10.2.4    take further legal action against you as appropriate;
    10.2.5    disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
    10.2.6    any other actions which We deem reasonably appropriate (and lawful).

10.3    We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms and Conditions.

Use of Our Site is also governed by Our company Cookie Policy and Our company Privacy Policies, copies of which will be provided to you if you request them.  These policies are incorporated into these Terms and Conditions by this reference.

12.1    We may alter these Terms and Conditions at any time. Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented.  You are therefore advised to check this page from time to time.

12.2    In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.

To contact Us, please email Us at the address given on Our Site or using any of the methods provided on Our contact page forming part of Our Site.

14.1    If We have your contact details, We may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes and changes to these Terms and Conditions.

14.2    We will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time.  Any and all marketing emails sent by Us include an unsubscribe link.  If you opt out of receiving emails from Us at any time, it may take up to five (5) business days for Us to comply with your request.  During that time, you may continue to receive emails from Us.

14.3    For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us at the address given on Our Site or using any of the methods provided on Our contact page forming part of Our Site

15.1    All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.

15.2    For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our company Privacy Policy and Our company Cookie Policy which are included in the information on Our Site.

16.1    These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the laws of England & Wales.

16.2    If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 16.1 above takes away or reduces your rights as a consumer to rely on those provisions.

16.3    If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

16.4    If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales, save that proceedings for the enforcement of any direction, judgment or order given by the courts of England & Wales may be commenced in any place around the world in any court of competent jurisdiction.