These terms and conditions apply to the entire contents of this website under the domain name www.churchilloptical.com (the "Website") and to any correspondence by e-mail or webmail between us and you. Please read these terms and conditions carefully before using the Website.
Accessing the Website means that you will be deemed to have accepted these terms and conditions regardless of whether or not you are registered with us or order goods or services from us. If you do not wish to accept these terms and conditions, do not use the Website.
Please note: additional terms and conditions apply to the supply of goods and/or services by us to you.
1. In these terms and conditions:"the Company" means Churchill Optical, 73 Renfield Street, Glasgow, G2 7LP and "we", "us" and "our" refers to the Company; "Website Information" means any data, images, text or other material displayed on the Website; and "you" means any person who has viewed, downloaded, used or otherwise accessed the Website and/or Website Information, and "your" refers to you.
Operator of the Website
2. The Website is operated and maintained by us. You can contact us at: Churchill Opticians, 73 Renfield Street, Glasgow, G2 7LP; email firstname.lastname@example.org, Telephone: 0345 548 0400 (UK number, available Mon - Fri: 9.00am to 5.30pm UK time) or +44 (0)141 332 5279 (for international callers, available Mon - Fri: 9.00am to 5.30pm UK time). Application of these terms and conditions
3. These are the terms and conditions for the use of the Website. By viewing, downloading, using or otherwise accessing any part of the Website and/or Website Information, you are deemed to have accepted these terms and conditions in full without modification or amendment. These terms and conditions will form a legally binding contract between you and us. If you do not accept these terms and conditions in full without modification or amendment, you must leave the Website immediately and you may not make use of any of the Website Information or services we provide through it.
4. We reserve the discretion to amend these terms and conditions from time to time, in each case with effect from the date on which the amendment is posted on the Website. You should check the Website from time to time to review the then-current terms and conditions. If you continue to use the Website, you will be deemed to have accepted the changes to the terms and conditions. Some of these terms and conditions may be augmented by expressly designated legal notices or terms posted by us on the Website. For example, additional terms and conditions apply to the supply of goods and/or services by us to you.
5. You agree that we shall at all times have the discretion to decide whether or not to grant you access to the Website. We reserve the right from time to time to alter or limit the categories of Website Information which you may access and view using the Website. You agree that we may in our discretion alter, modify, add to or delete any Website Information from time to time, without having to give you prior notice.
6. Nothing contained in the Website shall constitute or form an offer or any other part of any contract, the prices and other information relating to goods and services featured on the Website being merely invitations to treat.
7. All images, dimensions and specifications on the Website are approximations and intended to be for general guidance and illustration only.
8. The Website Information is provided "as is" and we make no representation, endorsement or warranty as to its accuracy, completeness or fitness for any particular purpose. We will not be liable for any action taken (or not taken) in reliance upon the Website Information and such action is taken entirely at your own risk. We reserve the right to make changes to the Website Information to correct any errors or omissions (or for other reasons at our discretion) without notice and without liability to you.
9. Opinions expressed within the Website Information are those of the authors and do not necessarily represent our opinions. In the unlikely event that you find any inaccurate information on our Website or have any complaint about what we have published please e-mail us at email@example.com. We will investigate on receipt and take such action which we, in our sole discretion, determine as being appropriate having regard to all the circumstances.
10. We cannot guarantee an exact colour match against any photography used on the Website as your browser software and monitor may reproduce the colours of the photographs differently from ours. There may therefore be minor colour variations between what you see on the screen and the goods ultimately supplied to you. For more information about the products we sell, and about colour variations in particular, please contact us on 0345 548 0400.
11. You warrant to us that when using the Website you will not:-- copy, alter or delete any of its content except to the extent permitted by these terms and conditions;- introduce any computer viruses, macro viruses, trojan horses, worms or anything else designed to (or which may) interfere with, interrupt or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority or expropriate any system, data or personal information;- disclose to any other person any confidential or proprietary or personal information obtained from the Website unless required to do so by law or with our prior consent; or - cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired. Copyright, trade marks and your licence to use the Website
12. The Website Information, images, graphics, text, software, applets and scripts operating the Website are either owned by us, or used by us with the permission of their respective owners or as permitted by law. Where practicable, we acknowledge the owners of all trade marks which are referred to in the Website. Reference to a trade mark owned by a third party does not constitute any claim by us to own that trade mark or that we have rights in it.
13. You may view, print and download our Website Information in a web browser for your own personal use only. Copying Website Information into a computer cache or storage device for private on or off-line browsing purposes is also permitted, as is caching of the Website by an information service provider in the normal course of its business to the extent permitted by the Electronic Commerce (EC Directive) Regulations 2002. You may not publish, make a copy of, incorporate into any other web site, or electronic information storage or retrieval system or reproduce the Website Information or any part of it for any purpose other than your own personal use without our prior written consent, which may be granted at our discretion. Where we do not own the copyright or other intellectual property rights in the Website Information, you must approach the owner(s) for such consent. Nothing in these terms and conditions or on the Website constitutes a licence to use or copy the Website Information except as expressly provided for in these terms and conditions.
14. You may not use any material, electronic method or any type of process which collects, disseminates, removes or scrapes information or material from the Website for commercial purposes including without limitation screen aggregators, robots, spiders and scrapers or any other automated means. If you breach any of the terms in these terms and conditions, your permission to use the Website automatically terminates and you must immediately destroy any downloaded or printed extracts from the Website.
15. Any rights not expressly granted in these terms and conditions are reserved to us.
16. In the event you obtain access to details of another user of the Website, you may only use such information in accordance with all prevailing data protection and privacy laws. Such information must not be used for spam or unsolicited commercial communications.
17. You are prohibited from posting or transmitting to or from the Website any material:- that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial or religious hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or- for which you have not obtained all necessary licences and/or approvals; or- 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 or causes the Website to be technically interrupted or rendered less efficient or such that the effectiveness or functionality of the website is in any way impaired (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data, robots, spiders, scrapers or other automated means to access the Website without our express written permission).Privacy, cookies and data protection
Links to and from other websites19. Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. We have not reviewed these third party websites and do not control and are not responsible for these third party websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any third party websites linked to the Website, you do so entirely at your own risk.
20. If you would like to link to this Website, you may only do so if you first obtain our express permission. Please e-mail us at firstname.lastname@example.org stating the URL details to which you wish to link and the URL of the page on which you will be displaying the link. We may in our discretion refuse consent, or grant consent subject to conditions.
21. We expressly reserve the right to revoke at any time any permission granted to link to the Website, and to take any consequent action we deem appropriate. You agree to indemnify us for any loss, injury, damage, costs or expenses arising directly or indirectly from your failure to adhere strictly to the terms of any permission granted to link to the Website.
22. We have no control over the Internet, which is a global public network of computers and the method by which you access the Website. As a consequence we take no responsibility for service interruption or the transmission of viruses or other malicious computer code through the Website.
23. We will require to carry out routine maintenance on our servers and equipment. While we seek to keep disruption to a minimum, we do not guarantee that any part of the Website will be available for access at any particular time or times. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
24. Nothing in this Agreement shall limit or exclude our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our agents or employees. Subject to the foregoing, we will not be liable for any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special, indirect or consequential damages (however arising, including negligence) arising out of or in connection with your use of our website or your use of the client area. Some jurisdictions do not allow the exclusion of incidental or consequential damages, so the above exclusion may not apply to you. To the fullest extent permitted by law, we exclude all liability to you in contract, delict or negligence (other than negligence by us which gives rise to personal injury or death.)
25. We also exclude liability of any sort (including liability for negligence) for the acts or omissions of providers of telecommunications services through which you might access the Website or for faults in or failures of their networks and equipment.
26. By using the Website and/or Website Information, you undertake to fully indemnify us (and keep us fully indemnified) in respect of all liabilities, losses, costs, damages, expenses or other claims suffered or incurred by us which arise from your misuse of the Website and/or Website Information, or arising from your breach of any of these terms and conditions.
27. If we fail to exercise or delay in exercising any right or remedy provided under these terms and conditions or by law, that will not constitute a waiver of our rights or remedy nor shall it prevent us from exercising that right or remedy in whole or in part in the future.
28. Unless specifically provided otherwise, our rights arising under these terms and conditions are cumulative and do not exclude our rights provided by law.
29. These terms and conditions and the documents referred to in it are between and for the benefit of you and us (and our successors and assignees) and are not intended to benefit or be enforceable by anyone else.
30. If any court or administrative body of competent jurisdiction finds any provision of these terms and conditions (or part of a paragraph or provision) to be invalid, unenforceable or illegal, the other provisions shall nonetheless remain in force.
31. If any invalid, unenforceable or illegal provisions would be valid, enforceable or legal if some part of them or it were deleted or modified, the provision shall apply with whatever modification is necessary to give effect to the original intention of these terms and conditions.
32. References to any statute or statutory provision in these terms and conditions shall, unless the context otherwise requires, be construed as a reference to that statute or statutory provision as from time to time amended, consolidated, modified, extended, re-enacted or replaced.
33. In these terms and conditions, references to one gender include the other genders, and to the singular include the plural and vice versa.
34. Headings will not affect the interpretation of these terms and conditions.
35. If you are a consumer, nothing in these terms and conditions shall modify, limit or exclude your rights as a consumer if and to the extent that to do so would be unlawful.
36. These terms and conditions shall be governed by and construed in accordance with Scots law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the Scottish courts