All words and images contained within this website are copyrighted to www.malawidelights.com By accessing this Website and/or placing an order you agree to be bound by these Terms. Please read them carefully. Using this Website indicates that you accept these terms regardless of whether or not you choose to register. If you do not agree to be bound by these Terms you may not use or access this Website.
1. This Website is provided to you free of charge for your personal use subject to these Terms. The purpose of the Website is to provide you with details of our products and also to enable you to contact us in relation to any requirements you may have.
2. We may update these Terms from time to time. Any changes will be notified to you via the email address provided by you on registration or by a suitable notice on the Website. If you do not wish to accept the new terms and conditions you should cease using the Website. If you continue to do so, after the date on which the changes come into effect, your use will indicate your agreement to be bound by the new terms and conditions.
3 INTELLECTUAL PROPERTY. Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by us. You may not reproduce or store any such material on any other website or include it in any public or private electronic retrieval system or service without our prior written permission. You may print one copy of the content for your own personal use provided that you keep intact any copyright or proprietary notices. Any rights not expressly granted in these Terms are reserved.
4 SERVICE ACCESS. While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period.
5. Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance, new facilities or services or repair or for reasons beyond our control.
6. We shall not be liable for any telephone or other costs that you may incur.
8. You may not post or transmit to or from this Website any material: • that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience, • for which you have not obtained all necessary licences and/or approvals, • which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world, or • which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
9. You may not misuse the Website (including, without limitation, by hacking).
10. We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of paragraphs 4.2 or 4.3.
11 REGISTRATION. You are responsible for any activity or order that occurs or is submitted under your email address or your email address used in combination with your password. If you know or suspect that someone else knows your password you should notify us immediately.
12 OUR LIABILITY TO YOU. Our liability to you in respect of your use of the Website shall be limited as set out in paragraph 10.2 below provided that: • nothing in these Terms excludes our liability for fraud or for death or personal injury arising from our negligence or that of our employees or agents. • nothing in these Terms excludes any other liability which is prohibited from being excluded by law.
13. Except as provided in paragraph 10.1 above, we shall not be liable for any loss, liability or damage whatsoever including (without limitation) special, indirect or consequential loss, damage for loss of business, loss of profit, business interruption or other pecuniary loss suffered by you or any other person arising out of your use of the Website
14. This paragraph does not affect your statutory rights.
15 INDEMNITY. You will indemnify, defend and hold us, and our officers, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Terms by you or any other liability arising out of your use of this Website, or the use by any other person accessing the Website using your account and/or the information you provided upon registration.
17 MISCELLANEOUS. We shall not be liable for any breach of these Terms caused by any circumstances beyond our control.
18. The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through this Website.
19. A Person who is not a party to these Terms shall have no right under the Contracts (Rights of Third Party) Act 1999 to enforce any term of these Terms.
20 GOVERNING LAW AND JURISDICTION. These Terms and Conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the English courts.