Terms

Terms and Conditions of Use

Application
This agreement applies as between you, the User of this Website and Nick Mackman, the owner of this Website. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.

1. Definitions and Interpretations
“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website; “Nick Mackman” is Nick Mackman so trading; “Service” means collectively any online facilities, tools, services or information that Nick Mackman makes available through
the Website either now or in the future; “Premises” means our place of business located at St Ediths, Bratton Clovelly, Okehampton, Devon EX20 4JW; “System” means any online communications infrastructure that Nick Mackman makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links; “User” / “Users” means any third party that accesses the Website and is not employed by Nick Mackman and acting in the course of their employment; and “Website” means the website that you are currently using (nickmackmansculpture.co.uk) and any sub-domains of this site unless expressly excluded by their own terms and conditions.

2. Intellectual Property
Subject to the exceptions in Clause 3 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Nick Mackman, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws. Subject to Clause 4 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by Nick Mackman.

3. Third Part Intellectual Property
Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable. Subject to Clause 4 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.

4. Fair Use of Intellectual Property
Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

5. Links to Other Websites
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Nick Mackman or that of our affiliates. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

6. Links to this Website
Those wishing to place a link to this Website on other sites may do so without prior permission.

7. Privacy
Use of the Website is also governed by our Privacy Policy which is incorporated into these terms and conditions by this reference and which is set out above.

8. Disclaimers
Nick Mackman makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services. No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind. No part of this Website is intended to constitute a contractual offer capable of acceptance. No goods and / or services are sold through this Website and product and / or service details are provided for information purposes only. Whilst every effort has been made to ensure that all graphical representations of products and / or descriptions of services available from Nick Mackman correspond to the actual products and / or services, Nick Mackman is not responsible for any variations from these descriptions. Nick Mackman does not represent or warrant that such products and / or services will be available from us or our Premises. For this reason, please contact us prior to visiting if you wish to enquire as to the availability of any products and / or services. Any such enquiry does not give rise to any express or implied warranty that the products and / or services forming the subject matter of your enquiry will be available upon your arrival at our Premises. All pricing information on the Website is correct at the time of going online. Nick Mackman reserves the right to change prices and alter or remove any special offers from time to time and as necessary.

9. Availability of the Website
The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Nick Mackman accepts no liability for
any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

10. Limitation of Liability
To the maximum extent permitted by law, Nick Mackman accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk. Nothing in these terms and conditions excludes or restricts Nick Mackman’s liability for death or personal injury resulting from any negligence or fraud on the part of Nick Mackman. Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.

11. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

12. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

13. Notices
All notices / communications shall be given to us either by post to our Premises or by email. Such notice will be deemed received three days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

Law and Jurisdiction
These terms and conditions and the relationship between you and Nick Mackman shall be governed by and construed in accordance with the Law of England and Wales and Nick Mackman and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.