Terms & Conditions
1. Purpose
This document and the attachments referred to below constitute
a legally binding agreement between you and Hancocks & Co. Ltd
("Hancocks & Co. Ltd", "we" or "us”)
which operates the Internet website with the domain name www.hancockslondon.com
or www.hancocks-london.com or www.hancockslondon.co.uk or www.hancocks-london.co.uk
(the “Site”).
It sets out your rights and obligations and those of Hancocks &
Co. Ltd in relation to (a) your access to the Site; (b) your use
of the Site; (c) any communications sent to you via the Site, or
from or on behalf of Hancocks & Co. Ltd; (d) all information,
products, software, services, features and materials contained on
or offered in conjunction with the Site.
By accessing the Site you accept without limitation or qualification
all of the terms and conditions in this Agreement (as defined below)
and any subsequent amendments or variations as we, in our sole discretion,
may make from time to time.
“Agreement” means this document and any schedule, appendix
or other document referred to in this document, by way of illustration
only, using a hyperlink.
2. Variation
We may, at our discretion, vary or amend from time to time this
Agreement. All such amendments or variations will be effective immediately
upon posting of such amended or varied document on the Site or once
such amendment or variation is otherwise notified to you. The amendment
or variation shall apply to your use of the Site and to any services
offered to you upon such posting or notification.
Except as provided for in the preceding paragraph this Agreement
may otherwise not be amended or varied except in writing signed
by both parties.
3. The Site
3.1 Users
Anyone who accesses the Site is a user ("User"). Users
are free to contact us using “our email link”. As a
User, you will be able to access material on all areas of the Site
subject to this Agreement.
3.2 Contacting Us
Online contact by you using “our email link”, or other
communication to us confirms your agreement to the provisions of
this Agreement.
3.3 User Information
By submitting an e-mail using “our email link”, or otherwise
communicating with us you warrant that all the information submitted
to us ("User Information”) is true and accurate in all
respects and you have the authority and capacity to send the email
or communicate with us. You agree to notify us immediately in writing
of any changes in User Information. You are solely responsible for
the User Information.
If you provide us with an email address that will result in any
emails we may send you being sent to you via a computer network
operated by or on behalf of your employer (or similar) then you
are warranting that you are entitled to receive emails at that address.
You also agree that we may refrain from sending you any emails to
such address without notifying you, even if you have asked to receive
them, if we receive a request from your employer to stop sending
emails to that address.
3.4 System Integrity
You undertake to us that you will not use and that you will not
permit the use of any device, software or programming routine that
interferes or attempts to interfere with the working and functionality
of the Site. You undertake not to take or permit the taking of any
action that (in our sole discretion) imposes an unreasonable or
disproportionately large load on our infrastructure.The Site contains
robot exclusion headers and you agree that you will not use any
robot, spider, other automotive device or manual process to monitor
or copy our web pages or the content contained on the Site without
our prior written consent.
4. Use of the Site
4.1 Usage
You may access and view the Content (as defined below) appearing
on this Website for personal, non-commercial use only. You may download
and/or copy certain portions of the Content for personal, non-commercial
use only, provided that you (a) retain all copyright, trademark
or other proprietary notices contained on the Content, (b) do not
modify or alter the Content in any way and (c) do not make the Content
available to any third party. Hancocks & Co Ltd reserves complete
title and full intellectual property rights in any Content that
you download from this Website.
You agree to use this Website only for lawful purposes. The following
activities are strictly prohibited: (i) misrepresenting the identity
of a user; (ii) tampering with this Website; and (iii) conducting
fraudulent activities.
4.2 Content
The Site may include facts, views, opinions and recommendations
of individuals and organisations. We do not guarantee the accuracy,
completeness or timeliness of, or otherwise endorse these views,
opinions or recommendations.
The content on the Site, including any research, does not constitute
any form of advice, recommendation or arrangement by us and is not
intended to be relied upon by Users.We, in our sole discretion,
may add, delete or change some or the entire Site at any time. The
content, including listings and articles for sale, contained in
the Site, is presented for informative purposes only.
We reserve the right to remove or vary such listings or articles
for sale at any time. The content should not be considered complete
nor should it be relied upon.When using the “our email link”,
or when otherwise contacting us to obtain further information or
advice about the listings, articles for sale or any other matter,
you agree that the information or advice provided by us may not
be complete. We can give no guarantees or warrantees as to the accuracy
or fitness for purpose of the information or advice we give. Please
see the disclaimer at clause 8.3 below.
4.3 Proprietary information
You acknowledge and agree that the materials used and displayed
on the Site, including, but not limited to text, music, software,
sound, photographs, graphics, video, page layout and design, illustration
and artwork, names, logos, trademarks, service marks and all other
materials are the property of Hancocks & Co. Ltd and/or its
licensors and/or other individuals and entities, and are protected
by copyright trademark and other laws.
You agree not to modify, copy, reproduce, re-publish, upload, post,
transmit, rent, loan, sell, lease, license, sub-license or distribute
any material on the Site or create in any way content and/or derivative
works based on the content of the Site or the Site itself or services
provided by, or on behalf of Hancocks & Co. Ltd in whole or
in part without our prior written consent except for personal use.
Personal use means non-commercial domestic use by an individual
involving the making of only single copies of each digital image.
5. Contact by Email
We give you the option to subscribe to our email service ("Join
our mailing list") which will update you on events, news or
articles which we consider could be of interest to you. Your use
of the content received through the email information service will
be subject to this Agreement.
6. Links to third party sites
Third parties or we may provide links to other web sites or resources.
These links are provided solely as a convenience to you and are
not an endorsement by us of the contents of such third party web
sites. We have no control over such sites and resources and you
acknowledge and agree that we are not responsible for the availability
of such external sites or resources and do not endorse and are not
responsible or liable for any content, advertising, product, services
or other materials on or available from such sites or resources.
You further acknowledge and agree that we shall not be responsible
or liable directly or indirectly, for any damage or loss caused
or alleged to be caused by or in connection with use of or reliance
of any such content, goods or services on or available through any
such site or resource. If you decide to access linked third party
web sites you do so at your own risk. Any concerns regarding any
external links should be directed to its respective site administrator
or web master.
7. Privacy
Please read our Privacy Policy
which forms part of this agreement and sets out how we handle your
personal data.
8. General
8.1 Termination of this Agreement
We reserve the right to terminate this Agreement forthwith if you
are or appear to be in breach of any of the provisions of this Agreement,
including the provision of false User Information or other misuse
of the services offered through this Site. Either party may terminate
this Agreement with or without cause by providing 30 days advance
written notice to the other
8.2 Indemnity
You agree to pay, indemnify, and hold Hancocks & Co. Ltd (and
its directors, officers, employees and agents) harmless from any
and all liabilities, obligations, losses, damages, penalties, actions,
judgements, suits, costs, expenses or disbursements of any kind
or nature whatsoever with respect to:
(1) Any third party claim, action or allegation of infringement,
misappropriation, or violation of copyright, trademark or other
proprietary rights of any third party based on any content submitted
by you;
(2) Any breach of this Agreement by you;
(3) Any third party claim action or allegation brought against
Hancocks & Co. Ltd arising out of or in relation to a dispute
between Users or in relation to your use or misuse of the Site;
and/or
(4) Any action taken by Hancocks & Co. Ltd under your instructions
in relation to the use of the Site.
8.3 Disclaimer of Warranties
Your use of the Site and any services (including but not limited
to the provision of content on the Site) offered on or in connection
with your use of the Site is at your sole risk. Services and content
are provided on the Site on an "as is" and "as available"
basis. We, to the fullest extent permitted by law, disclaim all
warranties, including but not limited to warranties of title, fitness
for a particular purpose, merchantability and non-infringement of
proprietary or third party rights. We make no warranties about the
accuracy, reliability or completeness of the material, services,
software, text, graphics and links.
We make no warranty that:
(1) The service will meet your requirements;
(2) The service will be uninterrupted, timely, secure or error
free; or
(3) The quality of any service, information or other material obtained
by you through your use of the Site will meet your expectations.
If your use of the Site will require your replacing equipment or
data you will be responsible for the costs of such replacement.Your
use of the Site and services offered in connection with the Site
is at your own risk. If you are dissatisfied with any part of the
services offered through the Site or with this Agreement or any
other rules or policies your sole remedy is to discontinue use of
the Site.
8.4 Limitation of Liability
You expressly understand and agree that we shall not be liable for
any direct (other than for death or personal injury arising directly
from use of the Site), indirect, incidental, special, consequential
or exemplary damages including but not limited to, loss of profits,
goodwill, use, data or intangible losses (even if we have been advised
of the possibility of such damages) resulting from:
(1) The use or the inability to use the Site or any service provided
in connection the Site;
(2) The cost of procurement of substitute and services resulting
from any, data, information, services purchased or obtained and
messages received and transactions entered into through or from
the Site;
(3) Unauthorised access to or alteration of your transmissions
or data;
(4) Statements or conduct of any User or third party in relation
to the Site; or
(5) Any other matter relating to the Site or service provided in
connection with the Site.
In no event will our liability arising out of or in respect of
this Agreement exceed £500Some jurisdictions do not allow
the exclusion of certain warranties with a limitation or exclusion
of liability for incidental or consequential damages. Accordingly
some of the above limitations of this section 8.4 may not apply
to you.
8.5 No Association
No agency, partnership, joint venture, employee-employer or franchiser-franchisee
relationship between Hancocks & Co. Ltd and you or any User
is intended or created by this Agreement.
8.6 No Assignment
You may not assign your rights or delegate (or sub-contract) your
duties under this agreement.
8.7 Suspension or Discontinuance of Service
Hancocks & Co. Ltd may suspend or discontinue the Site with
or without cause and with or without notice.
8.8 Force Majeure
Hancocks & Co. Ltd shall not be liable for any failure to perform
its obligations under this Agreement if such failure results from
any act of God or other cause beyond its reasonable control (including
without limitation, any mechanical, electronic or communications
failure)
8.9 Entire Agreement
This Agreement (as amended from time to time) comprises the entire
agreement between you and Hancocks & Co. Ltd and governs the
use of the Site and any services provided to you in connection with
the Site. It replaces and voids any prior agreement between you
and Hancocks & Co. Ltd, whether written or verbal, in relation
to the Site or any services provided to you in relation to the Site.
You may also be subject to additional terms and conditions when
you use affiliate or other Hancocks & Co. Ltd services, third-party
content or third-party software.
We make no claims that the Site is appropriate for any particular
purpose or audience, or that it may be downloaded outside of the
United Kingdom. Access to the Site or use of the Site.
8.10 Severability
Each provision of this Agreement excluding or limiting liability
shall be construed separately, applying and surviving even if for
any reason one or other of those provisions is held to be inapplicable
or unenforceable in any circumstances.
8.11 No waiver
No waiver by us shall be construed as a waiver of any proceeding
or succeeding breach of any provision.
8.12 English law
All legal issues arising from or related to the use of the Site
or any services provided in relation to the Site shall be construed
in accordance with and determined by the laws of England and you
hereby agree to submit to the exclusive jurisdiction of the English
Courts.
Hancocks & Co. Ltd is a company registered in England and Wales
under number 319323 whose registered office is at 52 & 53 Burlington
Arcade, London, W1J 0HH.
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