This agreement applies as between you, the User of this Website and Jo Burnett Ltd, the Owner of this Website. Your agreement to comply with and be bound by Clauses 1, 2, 4 – 11 and 15 – 25 of these Terms and Conditions is deemed to occur upon your first use of the Website. Clauses 3 and 12 – 14 apply only to the sale of Services. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.
No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and Our acceptance of that offer is deemed to occur upon Our sending a confirmation email to you indicating that your order has been accepted.
Nothing in these Terms and Conditions shall affect your statutory rights as a Consumer.
These Terms and Conditions shall apply to all contracts for the provision of Services by Us to you and shall prevail over any other documentation or communication from you.
Any variation to these Terms and Conditions (including any special terms and conditions agreed between you and Us) shall be inapplicable unless agreed in writing by Us.
Our contact email is email@example.com All correspondence or queries should be sent to this address.
- Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
"Account": means collectively the Personal Information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;
"Content": means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
"Facilities": means collectively any online facilities, tools, services or information that Jo Burnett Ltd makes available through the Website either now or in the future;
"Services": means the services available to you through this Website, specifically use of the Jo Burnett Ltd proprietary e-learning platform and are as detailed on www.gogetsober.com;
"Payment Information": means any details required for the purchase of Services from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
"Premises": Means Our place(s) of business located at Windsor Cottage, Windsor Green, Cockfield, Bury St Edmunds, Suffolk, IP30 0LY, UK
"System": means any online communications infrastructure that Jo Burnett Ltd makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
"User" / "Users": means any third party that accesses the Website and is not employed by Jo Burnett Ltd and acting in the course of their employment;
"Website": means the website that you are currently using (www.gogetsober.com) and any sub-domains of this site (e.g. subdomain.gogetsober.com) unless expressly excluded by their own terms and conditions; and "We/Us/Our" means Jo Burnett Ltd, a company registered with Companies House, UK in 2013 with Company registration number 8362304
"User Material" means any publicly available material of any kind that you submit to us. This can include, but not exclusively, text, files, images, photos, videos, audios
In these Terms, unless the context requires otherwise: i) any phrase introduced by the words “including”, “include”, “in particular”, “for example” or any other similar expression shall be construed as illustrative only and shall not be construed as limiting the generality of any preceding words; and ii) references to the singular include the plural and to the masculine include the feminine, and in each case vice versa.
- Age Restrictions
You must be over the age of 18 to purchase Services on or via the Website. If you are under the age of 18 you can use Services on the Website with the consent and involvement of a legal parent or guardian.
- Business Customers
These Terms and Conditions also apply to customers procuring Services in the course of business.
- Intellectual Property
- 4.1 Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Jo Burnett Ltd, Our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
- 4.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given Our express written permission to do so.
- 4.3 You agree and acknowledge that the materials are valuable property and that, other than any specific and limited license for use of such materials, you shall not acquire any ownership rights in or to such materials. The materials may not be used except as provided for in these Terms and Conditions without our written permission. As such, you agree that you will not make public any Services or part of the Services
- 4.4 We might link User Material submitted by other users or created by Jo Burnett Ltd or other third parties. We might use User Material for our internal business purposes (eg. to analyse trends or to promote and market the Services). You acknowledge that we may indirectly commercially benefit from use of your User Material.
- 4.5 We do not systematically review, and do not take responsibility for, User Material submitted by you or other users. We do not endorse User Material opinions or guarantee that User Material is accurate or legal.
- 4.6 We reserve the right, at our sole discretion, to refuse to post User Material and to edit or remove User Material. If you submit User Material that breaches any of these Terms and Conditions, we reserve the right to terminate your access to Services without notice.
- 4.7 We are entitled to identify you to third parties who claim that their rights have been infringed by User Material you have submitted.
- 4.8 User Material that you submit is not considered confidential and, as soon as you submit it, you acknowledge that you have no expectation that it is private or confidential. You agree, that in submitting any User Material, you are giving the rights to use that material to Jo Burnett Ltd, who may use it in any way that promotes or benefits the Jo Burnett Ltd business.
- Third Party Intellectual Property
- 5.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
- 5.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.
- Fair Use of Intellectual Property
Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
- Links to Other Websites
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Jo Burnett Ltd or that of Our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
- Links to this Website
Those wishing to place a link to this Website on other sites may do so only to the home page of the site www.gogetsober.com without Our prior permission. Deep linking (i.e. links to specific pages within the site) requires Our express written permission. To find out more please contact Us by email at firstname.lastname@example.org
You may link to Our Website with our express written permission and 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. You must not establish a link from any website that is not owned by you. The Services must not be framed on any other website, nor may you create a link to any part of the Services unless you have written permission to do so from Jo Burnett Ltd. We reserve the right to withdraw linking permission with written notice.
- Use of Communications Facilities
- 9.1 When using any System on the Website you should do so in accordance with the following rules. Failure to comply with these rules may result in your Account being suspended or closed:
- 9.1.1 You must not use obscene or vulgar language;
- 9.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, discriminatory, defamatory, ageist, sexist or racist;
- 9.1.3 You must not submit Content that is intended to promote or incite violence;
- 9.1.4 It is advised that submissions are made using the English language as We may be unable to respond to enquiries submitted in any other languages;
- 9.1.5 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
- 9.1.6 You must not impersonate other people, particularly employees and representatives of Jo Burnett Ltd or Our affiliates; and
- 9.1.7 You must not use Our System for unauthorised mass-communication such as "spam" or "junk mail".
- 9.2 You acknowledge that Jo Burnett Ltd reserves the right to monitor any and all communications made to Us or using Our System.
- 9.3 You acknowledge that Jo Burnett Ltd may retain copies of any and all communications made to Us or using Our System.
- 9.4 You acknowledge that any information you send to Us through Our System may be modified by Us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon Our use of such information must be communicated to Us in advance and We reserve the right to reject such terms and associated information.
- 10.1 In order to procure Services on this Website and to use certain other parts of the System, you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as We may not require payment information until you wish to make a purchase. By continuing to use this Website you represent and warrant that:
- 10.1.1 all information you submit is accurate and truthful;
- 10.1.2 you have permission to submit Payment Information where permission may be required; and
- 10.1.3 you will keep this information accurate and up-to-date. Your creation of an Account is further affirmation of your representation and warranty.
- 10.2 It is recommended that you do not share your Account details, particularly your username and password. We accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
- 10.3 If you have reason to believe that your Account details have been obtained by another person without consent, you should contact Us immediately to suspend your Account and cancel any unauthorised orders or payments that may be pending. Please be aware that orders or payments can only be cancelled up until provision of Services has commenced. In the event that an unauthorised provision commences prior to your notifying Us of the unauthorised nature of the order or payment then you shall be charged for the period from the commencement of the provision of services until the date you notified us and may be charged for a billing cycle of one month.
- 10.4 When choosing your username you are required to adhere to the terms set out above in Clause 9. Any failure to do so could result in the suspension and/or deletion of your Account.
- Termination and Cancellation of Accounts
- 11.1 Either Jo Burnett Ltd or you may terminate your Account. If We terminate your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, We reserve the right to terminate without giving reasons.
- 11.2 If We terminate your Account, any current or pending orders or payments on your Account will be cancelled and provision of Services will not commence.
- 11.3 You have the right to cancel your Account at any time without giving any reason. You can do this by emailing Us at email@example.com and by cancelling your Account from your dashboard.
- 11.4 If you purchase your Account with a one-off annual payment, no refund will be due to you if you cancel your Account after 14 days of your membership.
- 11.5 If you purchase your Account through a monthly subscription, all future monthly payments will be automatically stopped once you cancel your Account
- 11.6 We may terminate your Account (as regards some or all of the Services) or suspend some or all of the Services immediately if you breach any term of these conditions or perpetrate any fraud. Any payment due remains payable and, if already paid, will be non-refundable. A breach of these terms and conditions includes, without limitation, the unauthorised copying, downloading or sharing or our audio, video, written, or any other content.
- Services, Pricing and Availability
- 12.1 Whilst every effort has been made to ensure that all general descriptions of Services available from Jo Burnett Ltd correspond to the actual Services that will be provided to you, We are not responsible for any variations from these descriptions as the exact nature of the Services may vary depending on your individual requirements and circumstances. This does not exclude Our liability for mistakes due to negligence on Our part and refers only to variations of the correct Services, not different Services altogether.
- 12.2 Where appropriate, you may be required to select the required Plan of Services.
- 12.3 We neither represent nor warrant that such Services will be available at all times and cannot necessarily confirm availability until confirming your Order. Availability indications are not provided on the Website.
- 12.4 All pricing information on the Website is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.
- 12.5 In the event that prices are changed during the period between an order being placed for Services and Us processing that order and taking payment, then the price that was valid at the time of the order shall be used.
- 12.6 All prices on the Website do not include VAT. In accordance with HM Revenue & Customs VAT Notice 700/1 (February 2014) and supplements thereof, Jo Burnett Ltd is not yet liable for VAT and therefore not VAT registered and does not possess a VAT number.
- 12.7 The total purchase price, including VAT and other charges, if any, will be displayed in your shopping cart prior to confirming the order
- 12.8 We may, at any time, at our sole discretion, change our fees and prices, or add new fees and prices in relation to the Services. These changes will not affect existing Accounts.
- 12.9 Your access to Services is only possible after payment has been made or credit card detail have been given by you and received by us
- 12.10 Subscription payments can be made monthly in advance by debit/credit card. Eg if you first subscribe on 1 June, your Account and access to Services starts on 1 June when we have received the payment. The second payment will be taken on 1 July and subsequent payments on the first of each month after that.
- 12.11 For each month that the subscription is active, you acknowledge and agree that Jo Burnett Ltd is authorised to charge the same debit/credit card that was used for the initial subscription fee. The monthly subscription fees will continue to be billed to the payment method you provided until the end of the subscription period or until any cancellation.
- 12.12 You agree to promptly notify Us of any changes to the payment method you initially provided while your Account is active and any subscriptions remain outstanding. You are responsible for all related fees and charges incurred, including taxes.
- 12.13 A one-off yearly subscription payment can be made upfront with a debit/credit card. Your Account and access to Services starts when we receive the payment from you and will continue for the 12 months of the programme
- 12.14 Where applicable, if any payment is not paid on time, or any payment is rejected or refused, the amount owing will be treated as overdue and we will be entitled to cease or suspend the provision of Services until payment has been received
- Orders and Provision of Services
Free Trial Period - access to any free trial period will require your card details. Payment will automatically be taken from your card at the end of your trial period unless you have cancelled your membership . Payments will continue to be taken according to the subscription membership you have chosen (usually monthly). You can cancel your trial before payment is taken if you do not want to continue with your membership. You can cancel your paid membership at any time.
- 13.1 No part of this Website constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending to you an order confirmation email. Only once We have sent you an order confirmation email will there be a binding contract between Jo Burnett Ltd and you.
- 13.2 Order confirmations under sub-Clause 13.1 will be sent to you before the Services begin and shall contain the following information:
- 13.2.1 Confirmation of the Services ordered including full details of the main characteristics of those Services;
- 13.2.2 Fully itemised pricing for the Services ordered including, where appropriate, taxes, delivery and other additional charges;
- 13.2.3 Relevant times and dates for the provision of the Services;
- 13.2.4 User credentials and relevant information for accessing those services.
- 13.3 If We, for any reason, do not accept your order, no payment shall be taken under normal circumstances. In any event, any sums paid by you in relation to that order will be refunded within 14 calendar days.
- 13.4 Payment for the Services shall be taken via your chosen payment method, immediately for any setup fee that corresponds to the service plan you purchased and at the same day of each subsequent month (“billing cycle”) for charges accrued during the previous month (“billing cycle”) AND/OR as indicated in the order confirmation you received.
- 13.5 We aim to fulfill your Order immediately or within 3 working days or if not, within a reasonable period following your Order, unless there are exceptional circumstances. If we cannot fulfill your Order within a reasonable period, we will inform you at the time you place the Order by a note on the relevant web page or by contacting you directly after you place your Order. Time is not of the essence of the Contract, which means we will aim to fulfill your Order within any agreed timescales but this is not an essential term of the Contract and we will not be liable to you if we do not do so. If the Services are to begin within 14 calendar days of Our acceptance of your order, at your express request, you will be required to expressly acknowledge that your statutory cancellation rights, detailed below in Clause 14, will be affected.
- 13.6 Jo Burnett Ltd shall use all Our reasonable endeavours to provide the Services with reasonable skill and care, commensurate with best trade practice.
- 13.7 In the event that Services are provided that are not in conformity with your order and thus incorrect, you should contact Us immediately to inform Us of the mistake. We will ensure that any necessary corrections are made within five (5) working days.
- 13.8 Our obligation to provide Services to you only comes into being when we take receipt of your order and related payment and we confirm your purchase to you by email.
- 13.9 Subject to these Terms and Conditions and your payment of applicable subscription fees, Jo Burnett Ltd grants you a limited, non-exclusive license to stream and make personal, non-commercial use of the Services
- 13.10 By placing an order for Services you warrant that:
- you are legally capable of entering into binding contracts
- all registration information you submit is truthful and accurate
- you will maintain the accuracy of such information
- your use of the Services does not violate any applicable law or regulation
Additional terms and conditions may apply to the provision of certain Services. You will be asked to read and confirm your acceptance of any such terms and conditions when completing your Order.
- Cancellation of Orders and Services
We want you to be completely satisfied with the Products or Services you order from Jo Burnett Ltd. If you need to speak to us about your Order, then please contact us by email at firstname.lastname@example.org. You may cancel an Order that we have accepted or cancel the Contract. If any Specific Terms accompanying the Service contain terms about cancelling the Service, the cancellation policy in the Specific Terms will apply.
- 14.1 If you are a consumer based within the European Union, you have a statutory right to a “cooling off” period. This period begins once your order is confirmed and the contract between Jo Burnett Ltd and you is formed and ends at the end of 14 calendar days after that date. If you change your mind about the Services within this period and wish to cancel your order, please inform Us immediately using the following email: email@example.com. Your right to cancel during the cooling off period is subject to the provisions of sub-Clause 14.2.
- 14.2 As specified in sub-Clause 13.6, if the Services are to begin within the cooling off period you are required to make an express request to that effect. By requesting that the Services begin within the 14 calendar day cooling off period you acknowledge and agree to the following:
- 14.2.1 If the Services are fully performed within the 14 calendar day cooling off period, you will lose your right to cancel after the Services are complete.
- 14.2.2 If you cancel the Services after provision has begun but is not yet complete you will still be required to pay for the Services supplied up until the point at which you inform Us that you wish to cancel. The amount due shall be calculated in proportion to the full price of the Services and the actual Services already provided. Any sums that have already been paid for the Services shall be refunded subject to deductions calculated in accordance with the foregoing. Refunds, where applicable, will be issued within 5 working days and in any event no later than 14 calendar days after you inform Us that you wish to cancel.
- 14.3 Cancellation of Services after the 14 calendar day cooling off period has elapsed shall be subject to the specific terms governing those Services and may be subject to a minimum contract duration.
- How We Use Your Personal Information (Data Protection)
- 16.1 All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
- 16.2 We may use your personal information to:
- 16.2.1 Provide Our Services to you;
- 16.2.2 Process your payment for the Services; and
- 16.2.3 Inform you of new products and services available from Us. You may request that We stop sending you this information at any time.
- 16.3 In certain circumstances (if, for example, you wish to purchase Services on credit), and with your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly.
- 16.4 We will not pass on your personal information to any other third parties without first obtaining your express permission.
- 17.1 We make no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service or Services.
- 17.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
- 17.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.
- 17.4 Whilst We use reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.
- 17.5 The Services aim to provide general health and wellbeing support and guidance. We are not a healthcare or medical provider, nor should our Services be considered as medical advice. We do not claim or guarantee that the Services provide a therapeutic or medical benefit.
- 17.6 Therefore the Services are not intended to be relied upon as medicinal or therapeutic and are not to be considered as a substitute for professional medical advice and intervention. We are not liable or responsible for any consequences of your having implemented any of the guidance or suggestions in the Services, as you take full responsibility for your own decisions and actions. In particular, to the fullest extent permitted by law, we make no warranty about the accuracy, completeness or suitability for any purpose of the advice, other materials and information published as part of the Services
- 17.7 Sudden withdrawal from a physical addiction to, or dependency on, alcohol can result in serious consequences to health, and in extreme cases, can be fatal. You are responsible for seeking appropriate medical support if there is a risk you have such an addiction or dependency and for judging whether or not you have such an addiction or dependency. We are not liable or responsible for any consequences of your decision to withdraw from alcohol. Our advice is always to seek medical advice from an appropriate, medically trained professional, such as your doctor or specialist health service, before giving up drinking
- 17.8 The Services might allow you to submit material to us: for example, you might be able to upload information, photos, comments, etc to the Support Forum/online community. If you review or submit your own material you are agreeing to do so in accordance with these Terms and Conditions. If you do not want to review or submit material in accordance with these Terms and Conditions then you should not do so
- 17.9 If you submit User Material to us, you agree that:
- a) You own the User Material or have the right to submit it, and in submitting it you will not be infringing any rights of any third party, including intellectual property rights, privacy or publicity rights, rights of confidentiality or rights under contract;
- b) Your User Material is not illegal, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, and does not encourage conduct that would be considered a criminal offense, and does not give rise to civil liability, violate any law, or is otherwise deemed inappropriate;
- c) Your User Material does not advertise any product or service or solicit any business;
- d) Your User Material does not identify any individual (including by way or name, address or a still picture or video) under the age of 18 and if User Material identifies any individual over the age of 18, you have that person’s consent to being identified in exactly that way in your User Material; and in submitting your User Material you are not impersonating any other person;
- e) You will not collect usernames and/or email addresses of users for the purpose of sending unsolicited email;
- f) You will not engage in criminal or tortuous activity, including fraud, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement or theft of trade secrets or attempt to impersonate another user or person;
- g) You will not engage in any automated use of the system, such as using scripts to alter our content;
- h) You will not, without authorisation, access, tamper with, or use non-public areas of the Services, our computer systems, or the technical delivery systems of our systems' providers;
- i) Except as necessary to maintain your own computer security by use of commercial-off-the-shelf anti-virus or anti-malware products, you will not attempt to probe, scan, or test the vulnerability of the Services or any other of our systems or network, or breach any security or authentication measures.
- j) You agree to indemnify Jo Burnett Ltd and its affiliates for all claims arising from or in connection with any claims to any rights in your User Material or any damages arising from your User Material.
- 17.10 You agree to defend, indemnify and hold Jo Burnett Ltd and its directors, officers, members, investors, managers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorney's fees, arising in any way from your use of the Services, your placement of transmission of any of any message, content, information, software, or other submissions throughout the Services, or your breach or violation of the law or of these Terms and Conditions. Jo Burnett Ltd reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Jo Burnett Ltd's defence of such claim
- 17.11 Unauthorised access to the Services is prohibited. Appropriate legal action may be taken for any illegal or unauthorised use of the Services. Different types of unauthorised access are outlined below
- 17.11.1 You agree not to upload, transmit or introduce any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software, hardware or equipment linked to the Services or the Services themselves;
- 17.11.2 You agree not to interfere with the servers or networks underlying or connected to the Services or to violate any of the procedures, policies or regulations of networks connected to the Services
- 17.11.3 You agree not to impersonate any other person, conduct yourself in an offensive manner while using the Services, or use the Services for any illegal, immoral or harmful purpose
- 17.11.4 If any audio or video content within the Services is not explicitly indicated as downloadable, you agree not to download or copy it
- 17.11.5 The Services and products are not intended for your commercial use. You must not use any part of the materials used in the Services for commercial purposes without obtaining a written license to do so from us. We make no guarantee that such licenses will be granted
- 17.11.6 You shall not download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials in the Services. If you make such use of the Services, you might violate copyright and other laws of the UK and other countries and could be subject to liability for such unauthorised use. Jo Burnett Ltd will enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution
- Changes to the Facilities and these Terms and Conditions
We reserve the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If We are required to make any changes to these Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
- Availability of the Website
- 19.1 The Website is provided “as is” and on an “as available” basis. Jo Burnett Ltd uses industry best practices to provide Services through this Website. We give no warranty that the Website or Facilities will be free of defects and / or faults and we do not provide any kind of refund for outages. We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
- 19.2 We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
- 19.3 We reserve the right to withdraw the Services from the Website at any time.
- Limitation of Liability
- 20.1 To the maximum extent permitted by law, We accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. You should be aware that you use the Website and its Content at your own risk.
- 20.2 Nothing in these Terms and Conditions excludes or restricts Jo Burnett Ltd’s liability for death or personal injury resulting from any negligence or fraud on the part of Jo Burnett Ltd.
- 20.3 Nothing in these Terms and Conditions excludes or restricts Jo Burnett Ltd’s liability for any direct or indirect loss or damage arising out of the incorrect provision of Services or out of reliance on incorrect information included on the Website.
- 20.4 In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforce-ability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.
- 20.5 We shall not be liable for any delay or failure to perform any of our obligations if the delay or failure results from events or circumstances outside our reasonable control. These include but are not limited to "acts of God," strikes, lock outs, accidents, war, fire or failure of any communications, telecommunications or computer system.
- 20.6 We will take reasonable steps to fix any faults in the Services. If we fail to comply with these Terms and Conditions we will be liable to you only for the purchase price of the Services in question. We will not be liable for:
- 20.6.1 Faulty operation of computers during the registration process or during completion of a subscription or during the transmission of any data and /or for incorrect or overly slow transmission of data by the internet provider and/or any damage that occurs due to information submitted by you not being received by us or not being received promptly or not being considered, as a consequence of technical faults with our software or hardware (whether or not they are within or outside of our control
- 20.6.2 Any loss or damage due to viruses or other malicious software that may infect your device, computer equipment, software, data or other property caused by you accessing, using or downloading from the Services, or from transmissions via emails or attachments received from us
- No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
- Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
- Third Party Rights
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Jo Burnett Ltd.
- 24.1 All notices / communications shall be given to Us by email to firstname.lastname@example.org. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
- 24.2 Once you have signed up or subscribed to any of our subscription options, including any free trials, you are opting in to receiving information and updates from us. We may, from time to time, send you general information that we deem to be supportive and we may send you information about Our products and/or services. If you do not wish to receive such information, you can opt out by clicking on the ‘Unsubscribe’ link in any email which you receive from Us.
- 24.3 Applicable laws require that some of the information or communication we send you should be in writing. When using the Services, you agree to transact with us electronically, and that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices through the Services. By using the Services, 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
- Law and Jurisdiction
These Terms and Conditions and the relationship between you and Jo Burnett Ltd shall be governed by and construed in accordance with the Law of England and Wales and Jo Burnett Ltd and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.