Acceptable Use Policy, Terms of Website Use, Terms of Supply
By submitting a payment through carlilouan.com (or any of its subdomains) you are agreeing to these terms and conditions.
If you do not accept these terms, please do not proceed with the submission of your payment
ACCEPTABLE USE POLICY
This is the acceptable use policy, which, together with our terms of website use, sets out the terms under which we Health & Happiness Ltd, 10773529 5 Wedgewood Road, Hitchin, SG4 0EX, United Kingdom allow you to use our site carlilouan.com(“site”) whether you are a visitor or a registered user. All enquiries should be directed to email@example.com. Please read the terms of this policy carefully, as by using our site you indicate that you agree to comply with and be bound by them.
Prohibited uses of our site
Whether you are a visitor or registered user, you must comply with our terms of website use, and use our site for lawful purposes only. In particular, you must not use our site for the uses listed (without limitation) below:-
any fraudulent activity;
any activity which breaches any applicable law or regulation, whether national or international;
any activity which may cause or result in harm to a child under 18 years of age;
sending unsolicited advertising or other content (spam), or entering into any arrangement for such material to be sent;
reproducing, selling or otherwise handling our site or its contents in breach of our terms of website use;
knowingly introducing to our site, or transmit or attempt to transmit to any other site, computer or network, viruses, trojans, worms, logic bombs or other material, code or programme which is malicious or technologically harmful;
attempting to gain unauthorised access to our site, our software, our server, or any server, computer or database connected to our site; or
attacking our site via a denial-of-service attack or a distributed denial-of service attack.
Contributing and interacting
Our site may offer users the facilities to upload or contribute content or other material, or to interact with other users. When making use of these facilities, it is your responsibility to ensure that any contribution or interaction is, as far as you are aware, factually correct, represents your honest opinion, and does not breach any applicable law or regulation.
In addition, any contribution or interaction must not include any material which (without limitation):-
is defamatory, obscene, offensive, hateful or inflammatory;
is, or refers to material which is, sexually explicit;
promotes violence, illegal activity or any form of discrimination;
infringes any other person’s copyright, database right or trade mark;
threatens, harasses, upsets, embarrasses, alarms or annoys any other person, or is likely to do so;
advocates, promotes or assists any illegal activity;
is likely to deceive any person or is made in breach of a legal duty owed to a third party (such as a duty of confidence);
invades another’s privacy or cause inconvenience or anxiety to any person;
is used to impersonate any person, or to misrepresent your identity or affiliation with any person; or
gives the impression that the material emanates from us if this is not the case.
If we at any time use our site to provide users with any interactive service, the following moderation provisions will apply:-
we will notify users if moderation is in place, and, if so, whether the moderation is provided by a person or is automated;
if moderation is in place, we will give you the means to contact the moderator;
although we will do our best to assess any risks which such interactive service may pose, we will be under no obligation to moderate it, and we expressly exclude any liability for any loss or damage to any person caused by use of it; and
children should at all times be supervised when using the interactive services on our site, whether such services are moderated or not.
BREACHES OF THIS POLICY
Any breach of this acceptable use policy will be dealt with in the same way as breach of our terms of website use and we reserve the right to take any other action we reasonably deem appropriate, including restricting your use of our site and/or taking legal action against you. We are not liable for any loss or damage caused by any breach of this acceptable use policy.
Please check this page regularly, as we may revise this acceptable use policy at any time. We may also change or update our acceptable use policy at any time by means of notices published anywhere on our site.
TERMS OF WEBSITE USE
carlilouan.com is a site operated by Health & Happiness Ltd ("we" or “us”). We are registered in England and Wales under company number 10773529. Our registered office address is 5 Wedgewood Road, Hitchin, SG4 0EX, United Kingdom and our email address is firstname.lastname@example.org.
We allow access to our site on a temporary basis and we reserve the right to withdraw, restrict or change our site at any time and without notice. We will not be liable if for any reason our site is unavailable at any time or if the content is changed or out of date.
You must comply with the provisions of our Acceptable Use Policy when using our site.
It is your responsibility that anyone who accesses our site through your internet connection is aware of these terms and complies with them.
INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in our site and the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You must not use any part of the materials on our site for commercial purposes without a licence from us or our licensors. You may not reproduce in any format (including on another website) any part of our site (including content, images, designs, look and feel) without our prior written consent.
If, in our opinion, you are in breach of these provisions, your right to use our site will cease immediately and you must either return or destroy (as required by us) any copies of the materials you have made.
RELIANCE ON INFORMATION AND LINKS
The contents of our site (including links to other sites and resources provided by third parties) are for information only, and we shall not be liable for any use of, or reliance on, such materials. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
LINKING TO OUR SITE
You may link to our home page only if you have first obtained our written consent and provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. We reserve the right to withdraw linking permission without notice.
The website from which you are linking must comply in all respects with our Acceptable Use Policy and must be owned by you.
You must not link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
If you wish to make any use of material on our site other than that set out above, please address your request to email@example.com
UPLOADING MATERIAL TO OUR SITE
When you upload material to our site or make contact with other users of our site, you must comply with our Acceptable Use Policy. If you upload material in breach of our Acceptable Use Policy and we suffer loss as a result, you will reimburse us for such loss.
Any material you upload to our site will be considered non-confidential and non-proprietary and we have the right to use, copy, distribute and disclose it to third parties. If any third party claims that any material posted or uploaded by you to our site violates their intellectual property rights, or their right to privacy, we have the right to disclose your identity to them.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.
We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in our Acceptable Use Policy.
VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse our site by knowingly introducing any material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By failing to comply with this provision, you would commit a criminal offence and your right to use our site will cease immediately and we will report your actions to the relevant authorities.
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we hereby expressly exclude:
All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it (whether by us or a third party), including, without limitation any liability for:
o loss of income or revenue;
o loss of business;
o loss of profits or contracts;
o loss of anticipated savings;
o loss of data;
o loss of goodwill;
o wasted management or office time; and
for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect any liability which cannot be excluded or limited under applicable law.
JURISDICTION AND APPLICABLE LAW
The English courts will have exclusive jurisdiction over any claim arising from or related to, a visit to our site.
TERMS OF SUPPLY – carlilouan.com
carlilouan.com (“the site”) is owned and operated by Health & Happiness Ltd, a company registered in England and Wales under company number 10773529 and with our registered office at 5 Wedgewood Road, Hitchin, SG4 0EX.
Please read these terms and conditions carefully before placing an order. By purchasing services and/or products on this site, you agree to be bound by these terms and conditions. If you are not willing to be bound by these terms and conditions please do not purchase services or products from this site.
2. Changes to terms
We reserve the right, at our discretion, to modify, add, or remove any or all of these terms and conditions at any time and each such change shall be effective immediately upon posting.
Please check these terms and conditions periodically for changes.
Your continued use of this site and purchase of services or products on this site following the posting of changes to these terms and conditions will mean you accept those changes. Please check the terms before every purchase.
If the revised terms apply to any existing provision of services, we will notify you of the changes.
4. Age restriction
You shall not purchase any services or products from our site if you are below the age of 18 years old because, under this age, you do not have the legal capacity to enter into a contract.
5. Acceptance of order
5.1 These Terms will become binding on you and us and a Contract will come into effect between you and us only upon our written acceptance of the order issued to you by email (Email Confirmation) or when we contact you to tell you that we are able to provide the services or products to you. We are not bound by the order unless we accept it in writing.
5.2 If there is any conflict between these Terms and any term of the order, the order will take priority.
6. Entire Agreement
7.2 You shall not have any claim for innocent or negligent misrepresentation against us based on any statement in this Contract.
7.3 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law.
8. Provision of Services
8.1 We will supply the services to you from the date set out in the order.
8.2 We will make every effort to complete the services on time. However, there may be delays due to an Event Outside Our Control. See clause 14 below for our responsibilities when an Event Outside Our Control happens.
8.3 We may have to suspend the services if we have to deal with technical problems or to make improvements agreed between you and us in writing to the services. We will contact you to let you know in advance where this occurs unless the problem is urgent or an emergency. You do not have to pay for the services while they are suspended under this clause 8.4 but this does not affect your obligation to pay for any invoices we have already sent you.
8.4 If you do not pay us for the services when you are supposed to, we may suspend the services with immediate effect until you have paid us the outstanding amounts (except where you validly dispute an invoice). We will contact you to tell you this. This does not affect our right to charge you interest.
8.5 If we design a product for you or supply a product to you as part of the services (such as a report, a CD, a DVD, an e-book or any other form of digital content or any other type of product whatsoever), we will own the copyright, design right and all other intellectual property rights in such product and any drafts, drawings or illustrations we make in connection with the product for you.
9. If there is a problem with the services
9.1 In the unlikely event that there is any defect with the services:
a) please contact us and tell us as soon as reasonably possible;
b) please give us a reasonable opportunity to repair or fix any defect, and
c) we will use every effort to repair or fix the defect within 7 days.
9.2 As a consumer, you have legal rights in relation to services not carried out with reasonable skill and care, or if the materials we use are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
9.3 Before we begin to provide the services, you have the following rights to cancel our services:
a) you may cancel any order for Services at any time before the start date for the services by sending an email to firstname.lastname@example.org. We will confirm your cancellation in writing to you;
b) if you cancel an Order under clause 9.3 (a) and you have made any payment in advance for services that have not been provided to you, we will refund these amounts to you;
c) however, if you cancel an order for services and we have already started work on your order by that time, you will pay us any costs we reasonably incurred in starting to fulfill the order, and this charge will be deducted from any refund that is due to you or, if no refund is due to you, invoiced to you. We will tell you what these costs are when you contact us. However, where you have canceled an order because of our failure to comply with these Terms (except where we have been affected by an Event Outside Our Control), you do not have to make any payment to us.
9.4 If the Contract is of indefinite duration, once we have begun to provide the services to you, you may cancel the contract for services with immediate effect by giving us written notice if:
a) we break this contract in any material way and we do not correct or fix the situation within 28 days of you asking us to in writing;
b) we go into liquidation or a receiver or an administrator is appointed over our assets;
c) we change these Terms under to your material disadvantage;
d) we are affected by an Event Outside Our Control.
10. Digital Products
10.1 In relation to digital content not on a tangible medium, you may cancel the contract at any time up to 14 days after the day on which the contract is entered into.
10.2 Notwithstanding clause 12.1, you agree that we may begin the supply of digital content not on a tangible medium before the end of the cancellation period set out in clause 12.1 and you acknowledge that you will lose your cancellation rights.
11. Our rights to cancel and applicable refund
11.1 We may have to cancel an order before the start date for the services due to an Event Outside Our Control or the unavailability of key personnel or key materials without which we cannot provide the services or the products. If this happens:
a) we will promptly contact you to let you know;
b) if you have made any payment in advance for services or products that have not been provided to you, we will refund these amounts to you;
c) where we have already started work on your order for services, we will not charge you anything and you will not have to make any payment to us.
11.2 Once we have begun to provide the services to you, we may cancel the contract for the services at any time by providing you with at least 30 calendar days' notice in writing. If you have made any payment in advance for services that have not been provided to you, we will refund these amounts to you.
11.3 We may cancel the contract for services at any time with immediate effect by giving you written notice if:
a) you do not pay us when you are supposed to. This does not affect our right to charge you interest on late payment, or
b) you break the contract in any other material way and you do not correct or fix the situation within 7 days of us asking you to in writing.
12. Price and payment
12.1 Prices of the services and products are specified on our site and confirmed on the checkout page. We may change our prices at any time, but that will not affect the prices for confirmed orders.
12.2 Despite our best efforts, there may be incorrect prices on some of the services or products. If the correct price is less than a price shown on our site, the lower amount will be charged. If the correct price is higher than the price specified on our site, we will inform you of this and ask whether you wish to continue with the order with the actual higher price. If the error in price is obvious, unmistakeable and mispricing could have been recognised reasonably by you, we will not be liable to provide the services or products to you at the lower price that was incorrect.
12.3 Payment for services is to be made in advance by credit or debit card except where agreed otherwise in writing between us.
12.4 If you do not make any payment due to us by the due date for payment, we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of Nationwide Building Society from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
13. Limitation of liability
13.1 We are responsible for loss or damage you suffer that is a foreseeable result of our negligence or our breach of the Terms, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
13.2 Services and products supplied by us are for non-commercial purposes only. You shall not use the services or products for any business or re-sale, commercial purpose. We are not liable to you for any loss of business, loss of profit, loss of business opportunity, or business interruption.
13.3 Exceptions to Limitation of Liability
Our liability does not exclude or limit in any way:
(a) fraud or fraudulent misrepresentation;
(b) death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
(c) defective products under the Consumer Protection Act 1987;
(d) breach of the terms implied by sections 13, 14 and 15 of the Sale of Products Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e) breach of the terms implied by section 12 of the Sale of Products Act 1979 (title and quiet possession).
14. Circumstances beyond our control
14.1 If there is a failure to perform, or delay in performance of any of our obligations under these Terms due to Circumstances Beyond Our Control, we will not be liable for such failure.
14.2 Circumstances Beyond Our Control include any act or event beyond our reasonable control, including without limitation lock-outs, strikes, or other industrial action by third parties, riots, civil commotion, terrorist attack or threat of terrorist attack, invasion, war (whether declared or not) or threat or preparation for war, explosion, fire, flood, storm, subsidence, epidemic, earthquake, or other natural disaster, or failure of private or public telecommunications networks.
14.3 If any Circumstances Beyond Our Control affects the performance of our obligations under these Terms:
14.4 you will be notified as soon as reasonably possible; and
14.5 the time for performance of our obligations will be extended and our obligations under these Terms will be suspended for the duration of the Circumstances Beyond Our Control.
14.6 If Circumstances Beyond Our Control occur and you do not wish us to provide the services, you may cancel the contract in accordance with clause 9. We may cancel the contract if the Circumstances Beyond Our Control continues for more than 4 weeks in accordance with our cancellation rights.
15.1 Any notice to us should be in writing and sent to us by e-mail, by hand, or by pre-paid post to Health & Happiness Ltd at 5 Wedgewood Road, Hitchin, SG4 0EX email@example.com.
15.2 Any notice to you will be in writing by e-mail, by hand, or by pre-paid post to the address you provided us with on the Order.
16.1 We may assign our rights and obligations under these Terms to any other person. If there is any such assignment of rights and obligation, we will inform you in writing or by email.
16.2 You cannot transfer your rights and obligations under these Terms to any other person without our written approval.
16.3 This contract is only between you and us. No other third person shall have any rights to enforce any terms.
16.4 Each paragraph of these Terms is separate and distinct from others. If any court or relevant authority determines any of the paragraphs of these Terms is unlawful, then such determination will not affect other paragraphs and all other remaining paragraphs will remain in effect and full force.
16.5 Our failure to insist that you perform any of your obligations under these Terms, or to enforce our rights against you, or delay in doing so, does not mean that our rights against you have been waived and does not mean that you need not comply with those obligations. Any waiver by us of your default will be only in writing, and it does not mean that we will waive any of your future defaults.
16.6 English law governs these Terms and contract between you and us. English courts will have jurisdiction on any dispute that may arise out of this Terms or contract between you and us. However, you may bring proceedings in Northern Ireland if you are a resident of Northern Ireland, and you may bring proceedings in Scotland if you are a resident of Scotland.
17. Contact us
17.1 For any questions or queries you can contact us at firstname.lastname@example.org