Conditions of Use
1. Use of the Avaura.com Site
The Avaura.com Site is provided to you free of charge for your personal use subject to these Terms and Conditions. By using the Avaura.com Site you agree to be bound by these Terms and Conditions. THESE TERMS AND CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS.
2. Amendments
We may update these Terms and Conditions from time to time and any changes will be notified to you via the e-mail address provided by you on registration or via a suitable announcement on the Avaura.com Site. The changes will apply to the use of the Avaura.com Site after we have given notice. If you do not wish to accept the new Terms and Conditions you should not continue to use the Avaura.com Site and the Online Stores. If you continue to use the Avaura.com Site after the date on which the change comes into effect, your use of the Avaura.com Site indicates your agreement to be bound by the new Terms and Conditions.
3. Registration
To register with Avaura.com you must be over eighteen years of age. You must ensure that the details provided by you on registration or at any time are correct and complete. You must inform us immediately of any changes to the information that you provided when registering by updating your personal details.
4. Password and security
When you register to use the Avaura.com Site you will be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities and orders that occur or are submitted under your password. If you know or suspect that someone else knows your password you should notify us by contacting Customer Services (see below for contact details) immediately. If Avaura.com has reason to believe that there is likely to be a breach of security or misuse of the Avaura.com Site, we may require you to change your password or we may suspend your account in accordance with section 8 below.
5. Intellectual property
The content of the Avaura.com Site is protected by copyright, trade marks, database and other intellectual property rights. You may retrieve and display the content of the Avaura.com Site on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Avaura.com Site without written permission from Avaura.com. No licence is granted to you in these Terms and Conditions to use any trade mark of Avaura.com or its affiliated companies including, without limitation, the trade marks AVAURA, AVAURA.COM and AVAURA.CO.UK
6. Limitations
You may not use the Avaura.com Site for any of the following purposes:
• disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material
• transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice
• gaining unauthorised access to other computer systems
• interfering with any other person's use or enjoyment of the Avaura.com Site
• breaching any laws concerning the use of public telecommunications networks
• interfering or disrupting networks or web sites connected to the Avaura.com Site
• making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner Avaura.com reserves the right to refuse to post material on the Avaura.com Site or to remove material already posted on the Avaura.com Site.
You will indemnify us against all losses, liabilities, costs and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgment by a court of competent jurisdiction and all settlements sums paid by us as a result of any settlement agreed by us arising out or in connection with:
• any claim by any third party that the use of the Avaura.com Site by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;
• any claim by any third party that the use of the Avaura.com Site by you infringes that third party's copyright or other intellectual property rights of whatever nature; and
• any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the Avaura.com Site by you.
7. Availability of the Avaura.com Site
Avaura.com makes no promise that the services at the Avaura.com Site will meet your requirements. Avaura.com cannot guarantee that the service will be fault free. If a fault occurs in the service you should report it to the Customer Services (see below for contact details) or by email at online@avaura.com and we will attempt to correct the fault as soon as we reasonably can. Your access to the Avaura.com Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services.
8. Avaura.com's right to suspend or cancel your registration
Avaura.com may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions. You can cancel this agreement at any time by informing us in writing. If you do so, you must stop using the Avaura.com Site. The suspension or cancellation of your registration and your right to use the Avaura.com Site shall not affect either party's rights or liabilities. Paragraphs 5, 6 and 9 of these Terms and Conditions shall survive cancellation.
9. Avaura.com's liability
The Avaura.com Site is provided by Avaura.com without any warranties or guarantees. You must bear the risks associated with the use of the Internet. The Avaura.com Site provides content from other Internet sites or resources and while Avaura.com tries to ensure that material included on the Avaura.com Site is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. Avaura.com will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Avaura.com Site. If Avaura.com is informed of any inaccuracies in the material on the Site we will attempt to correct the inaccuracies as soon as we reasonably can. In particular, we disclaim all liabilities in connection with the following:
• incompatibility of the Avaura.com Site with any of your equipment, software or telecommunications links
• technical problems including errors or interruptions of the Avaura.com Site
• unsuitability, unreliability or inaccuracy of the Avaura.com Site
• inadequacy of the Avaura.com site to meet your requirements
To the full extent allowed by applicable law, you agree that we will not be liable to you/or any third party for any consequential or incidental damages (including but not limited to loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the Avaura.com Site. Nothing in this paragraph applies to Avaura.com's liability in respect of products sold through the Online Stores. Nothing in these Terms and Conditions shall exclude Avaura.com's liability for personal injury or death caused by its negligence.
10. Third Party Websites
As a convenience to Avaura.com customers, the Avaura.com Site includes links to other web sites or material which are beyond its control. Avaura.com is not responsible for content on the Internet or World Wide Web pages outside the Avaura.com Site. Part of the Avaura.com Site may contain advertising and sponsorship. Advertisers and Sponsors are responsible for ensuring that material submitted for inclusion on the Avaura.com Site complies with relevant laws and codes. We will not be responsible for any error or inaccuracy in advertising and sponsorship material.
11. Applicable Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of England and any disputes will be decided only by the English courts.
12. International Use
Avaura.com makes no promise that materials on the Avaura.com Site are appropriate or available for use in locations outside the United Kingdom, and accessing the Avaura.com Site from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.
13. Miscellaneous
You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. If you breach these Terms and Conditions and Avaura.com ignores this, Avaura.com will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms and Conditions. Avaura.com shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its control. A person who is not a party to these Terms and Conditions shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions but this shall not affect any right or remedy of a third party which exists or is available apart from that Act.
The Avaura.com Site is owned and operated by Avaura Limited a company registered in England and Wales whose registered office is at Avaura House, 4 Searles View, Horsham, RH12 4FG.
If you have any queries please contact Customer Services at online@avaura.com
Company Registration No. 4448849
The Avaura.com Site is provided to you free of charge for your personal use subject to these Terms and Conditions. By using the Avaura.com Site you agree to be bound by these Terms and Conditions. THESE TERMS AND CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS.
2. Amendments
We may update these Terms and Conditions from time to time and any changes will be notified to you via the e-mail address provided by you on registration or via a suitable announcement on the Avaura.com Site. The changes will apply to the use of the Avaura.com Site after we have given notice. If you do not wish to accept the new Terms and Conditions you should not continue to use the Avaura.com Site and the Online Stores. If you continue to use the Avaura.com Site after the date on which the change comes into effect, your use of the Avaura.com Site indicates your agreement to be bound by the new Terms and Conditions.
3. Registration
To register with Avaura.com you must be over eighteen years of age. You must ensure that the details provided by you on registration or at any time are correct and complete. You must inform us immediately of any changes to the information that you provided when registering by updating your personal details.
4. Password and security
When you register to use the Avaura.com Site you will be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities and orders that occur or are submitted under your password. If you know or suspect that someone else knows your password you should notify us by contacting Customer Services (see below for contact details) immediately. If Avaura.com has reason to believe that there is likely to be a breach of security or misuse of the Avaura.com Site, we may require you to change your password or we may suspend your account in accordance with section 8 below.
5. Intellectual property
The content of the Avaura.com Site is protected by copyright, trade marks, database and other intellectual property rights. You may retrieve and display the content of the Avaura.com Site on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Avaura.com Site without written permission from Avaura.com. No licence is granted to you in these Terms and Conditions to use any trade mark of Avaura.com or its affiliated companies including, without limitation, the trade marks AVAURA, AVAURA.COM and AVAURA.CO.UK
6. Limitations
You may not use the Avaura.com Site for any of the following purposes:
• disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material
• transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice
• gaining unauthorised access to other computer systems
• interfering with any other person's use or enjoyment of the Avaura.com Site
• breaching any laws concerning the use of public telecommunications networks
• interfering or disrupting networks or web sites connected to the Avaura.com Site
• making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner Avaura.com reserves the right to refuse to post material on the Avaura.com Site or to remove material already posted on the Avaura.com Site.
You will indemnify us against all losses, liabilities, costs and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgment by a court of competent jurisdiction and all settlements sums paid by us as a result of any settlement agreed by us arising out or in connection with:
• any claim by any third party that the use of the Avaura.com Site by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;
• any claim by any third party that the use of the Avaura.com Site by you infringes that third party's copyright or other intellectual property rights of whatever nature; and
• any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the Avaura.com Site by you.
7. Availability of the Avaura.com Site
Avaura.com makes no promise that the services at the Avaura.com Site will meet your requirements. Avaura.com cannot guarantee that the service will be fault free. If a fault occurs in the service you should report it to the Customer Services (see below for contact details) or by email at online@avaura.com and we will attempt to correct the fault as soon as we reasonably can. Your access to the Avaura.com Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services.
8. Avaura.com's right to suspend or cancel your registration
Avaura.com may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions. You can cancel this agreement at any time by informing us in writing. If you do so, you must stop using the Avaura.com Site. The suspension or cancellation of your registration and your right to use the Avaura.com Site shall not affect either party's rights or liabilities. Paragraphs 5, 6 and 9 of these Terms and Conditions shall survive cancellation.
9. Avaura.com's liability
The Avaura.com Site is provided by Avaura.com without any warranties or guarantees. You must bear the risks associated with the use of the Internet. The Avaura.com Site provides content from other Internet sites or resources and while Avaura.com tries to ensure that material included on the Avaura.com Site is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. Avaura.com will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Avaura.com Site. If Avaura.com is informed of any inaccuracies in the material on the Site we will attempt to correct the inaccuracies as soon as we reasonably can. In particular, we disclaim all liabilities in connection with the following:
• incompatibility of the Avaura.com Site with any of your equipment, software or telecommunications links
• technical problems including errors or interruptions of the Avaura.com Site
• unsuitability, unreliability or inaccuracy of the Avaura.com Site
• inadequacy of the Avaura.com site to meet your requirements
To the full extent allowed by applicable law, you agree that we will not be liable to you/or any third party for any consequential or incidental damages (including but not limited to loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the Avaura.com Site. Nothing in this paragraph applies to Avaura.com's liability in respect of products sold through the Online Stores. Nothing in these Terms and Conditions shall exclude Avaura.com's liability for personal injury or death caused by its negligence.
10. Third Party Websites
As a convenience to Avaura.com customers, the Avaura.com Site includes links to other web sites or material which are beyond its control. Avaura.com is not responsible for content on the Internet or World Wide Web pages outside the Avaura.com Site. Part of the Avaura.com Site may contain advertising and sponsorship. Advertisers and Sponsors are responsible for ensuring that material submitted for inclusion on the Avaura.com Site complies with relevant laws and codes. We will not be responsible for any error or inaccuracy in advertising and sponsorship material.
11. Applicable Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of England and any disputes will be decided only by the English courts.
12. International Use
Avaura.com makes no promise that materials on the Avaura.com Site are appropriate or available for use in locations outside the United Kingdom, and accessing the Avaura.com Site from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.
13. Miscellaneous
You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. If you breach these Terms and Conditions and Avaura.com ignores this, Avaura.com will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms and Conditions. Avaura.com shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its control. A person who is not a party to these Terms and Conditions shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions but this shall not affect any right or remedy of a third party which exists or is available apart from that Act.
The Avaura.com Site is owned and operated by Avaura Limited a company registered in England and Wales whose registered office is at Avaura House, 4 Searles View, Horsham, RH12 4FG.
If you have any queries please contact Customer Services at online@avaura.com
Company Registration No. 4448849
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