“Services” means all or any service provided by us.
“Web Site” means our web sites, and includes all web pages controlled by us.
“User” means any person other than you who uses the Services or visits the Web Site for any purpose.
“we”, “us”, etc means Westby Play LTD – trading as Little Drivers Soft Play Where the context permits it also includes any business company or individual who shares an interest in the sale of any goods and/or service promoted on the Web Site. Without limitation, it includes any subsidiary or associated company of ours, together with any licensor, affiliate, or network partner.
“Post” means display, exhibit, publish, distribute, transmit and/or disclose information, details and/or other material on the Web Site, and the phrases “Posted” and “Posting” shall be interpreted accordingly.
“you” “yours” etc, means you, the party to this agreement.
Our contract These terms and conditions regulate the business relationship between you and us. By buying our Services or using our web site even if free of charge, you agree to be bound by them.
Changes to terms We may change these terms from time to time. The terms that apply to you are those posted here on our web site on the day you order from us. It may be useful to print a copy now.
Price and Payment Prices are inclusive of any applicable value-added tax or other sales tax unless otherwise stated.
Banking charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than pounds Sterling will be borne by you.
Any details given by us in relation to exchange rates are approximate only and may vary from time to time.
You will pay all sums due to us under this agreement by the means specified without any set-off, deduction or counterclaim.
All monies paid by you to us are non-refundable and cancellation and/or termination of this service by you or us at any time for any reason will not entitle you to a refund of monies paid or due in the event of a 12-month contract.
You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself for any of the purposes mentioned in this document.
You will not enter false information or an email address that is not wholly yours in order to gain access
Indemnity You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising out of your use of the Services, the breach or violation of this agreement by you, or the infringement by you, or by any other user of the Services using your computer, of any intellectual property or other rights of any person or entity, or as a result of any threatening, libellous, obscene, harassing or offensive material contained in any of your communications.
If it is necessary for us to interrupt the Services then we may do so without telling you first.
You acknowledge that the Services may also be interrupted for reasons beyond our control.
You agree that we are not liable to you for any loss whether foreseeable or not, arising as a result of interruption to the Services.
Our liability Your use of our Services is without any warranty or guarantee.
Where we provide any of the Services without specific charge, then it is deemed to be provided free of charge, and not to be associated with other Services for which a charge is made. Accordingly, there is no contractual or other obligation upon us in respect of any such service.
We or our suppliers may make improvements or changes to the Web Site, any of the products and services described on the Web Site, at any time and without notice to you.
You are advised that Content may include technical inaccuracies or typographical errors. We give no warranty and make no representation, express or implied, as to:
the truth of any information given on the Web Site by any Associate or third party;
any implied warranty or condition as to merchantability or fitness for a particular purpose;
compliance with any law;
non-infringement of any right.
The Web Site contains links to other Internet web sites. We have neither power nor control over any such web site. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked web site, nor for any loss or damage arising from your use of any such web site.
In no event shall we or our Content suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with the use of our services the Web Site or the Content available from this Web Site.
Modification We reserve the right to modify the Services and to change the terms and conditions of this agreement at any time, without notice. Your continued use of the Services after such modifications shall be deemed an acceptance by you to be bound by the terms of the modified agreement.
Termination Termination by either party shall have the following effects:
your right to use the Services immediately ceases; there shall be no reimbursement or credit if the Service is terminated due to your violation of the terms of this agreement. Severability If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
Action Limit You and we agree that any cause of action arising out of or related to the Services must commence within one year after the cause of action arose; otherwise, such cause of action is permanently barred.
No duty to monitor We are under no obligation to monitor or record the activity of any customer for any purpose, nor do we assume any responsibility through our AUP or otherwise to monitor or police Internet-related activities.
Force majeure Neither party shall be liable for any breach of its obligations resulting from causes beyond its reasonable control including acts of God, fire, natural disaster, war or military hostilities, and strikes of its own employees. If a default due to force majeure shall continue for more than 10 weeks then the party not in default shall be entitled to terminate this agreement. Neither party shall have any liability to the other in respect of the termination of this agreement as a result of force majeure.
No Waiver No waiver by us, in exercising any right shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
Relationship of parties Nothing in this agreement shall create a partnership, joint venture or agency, or the relationship of employer and employee between us.
Dispute Resolution In the event of a dispute arising out of or in connection with the terms of this agreement between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
Jurisdiction This Contract shall be interpreted according to the Laws of England and the parties agree to submit to the exclusive jurisdiction of the English courts.