Terms & Conditions
1.1 These terms and conditions shall govern your use of our website.
1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
1.3 If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.
1.4 You must be at least 18 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.
2. Copyright notice
2.1 Copyright © 2020 PUBLIC FIBRE LTD.
2.2 Subject to the express provisions of these terms and conditions:
(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.
3. Permission to use website
3.1 You may:
(a) view pages from our website in a web browser;
(b) download pages from our website for caching in a web browser;
(c) print pages from our website for your own personal and non-commercial use, providing that such printing is not systematic or excessive;
(d) stream audio and video files from our website using the media player on our website; and
(e) use our website services by means of a web browser,
subject to the other provisions of these terms and conditions.
3.2 Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
3.3 You may only use our website for your own personal and business purposes; you must not use our website for any other purposes.
3.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
3.5 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from our website (including republication on another website);
(b) sell, rent or sub-license material from our website;
(c) show any material from our website in public;
(d) exploit material from our website for a commercial purpose; or
(e) redistribute material from our website.
3.6 Notwithstanding Section 3.5, you may redistribute our newsletter in print and electronic form to any person.
3.7 We reserve the right to suspend or restrict access to our website, to areas of our website and/or to functionality upon our website. We may, for example, suspend access to the website during server maintenance or when we update the website. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the website.
4. Misuse of website
4.1 You must not:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability, accessibility, integrity or security of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) hack or otherwise tamper with our website;
(d) probe, scan or test the vulnerability of our website without our permission;
(e) circumvent any authentication or security systems or processes on or relating to our website;
(f) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(g) impose an unreasonably large load on our website resources (including bandwidth, storage capacity and processing capacity);
(h) decrypt or decipher any communications sent by or to our website without our permission;
(i) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
(j) access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;
(k) use our website except by means of our public interfaces;
(l) violate the directives set out in the robots.txt file for our website;
(m) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing); or
(n) do anything that interferes with the normal use of our website.
4.2 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
5. Use on behalf of organisation
5.1 If you use our website or expressly agree to these terms and conditions in the course of a business or other organisational project, then by so doing you bind both:
(a) yourself; and
(b) the person, company or other legal entity that operates that business or organisational project,
to these terms and conditions, and in these circumstances references to “you” in these terms and conditions are to both the individual user and the relevant person, company or legal entity, unless the context requires otherwise.
6. Customer registration and accounts
6.1 This Section 6 applies to customers and prospective customers.
6.2 To be eligible for a customer account on our website under this Section 6, you must be at least 18 years of age.
6.3 You may register for a customer account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the we will send to you.
7. Vendor registration and accounts
7.1 This Section 7 applies to vendors and prospective vendors.
7.2 To be eligible for a vendor account on our website under this Section 7, you must be operating a business and you must be at least 18 years of age.
7.3 You may apply for a vendor account with our website by emailing [email protected]
7.4 You must keep your vendor account information up to date.
8. User login details
8.1 If you register for an account with our website, you will be asked to provide an email address and create a password.
8.3 You must keep your password confidential.
8.4 You must notify us in writing immediately if you become aware of any disclosure of your password.
8.5 You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
9. Cancellation and suspension of account
9.1 We may:
(a) suspend your account;
(b) cancel your account; and/or
(c) edit your account details,
at any time in our sole discretion without notice or explanation, providing that if we cancel any services you have paid for and you have not breached these terms and conditions, we will refund to you a pro rata amount of your payment, such amount to be calculated by us using any reasonable methodology.
9.2 You may cancel your account on our website by emailing [email protected] You will not be entitled to any refund if you cancel your account in accordance with this Section 9.2.
10. Vendor stores
10.1 If you register with our website as a vendor, you will be able to create your own store on the website.
10.2 To create a store on our website, you should take the steps as detailed in the vendor onboarding document.
10.3 Vendor stores that are submitted will be individually reviewed within 24 hours following submission.
10.4 Without prejudice to our other rights under these terms and conditions, we reserve the right to reject, unpublish and/or delete any vendor store that breaches these terms and conditions or that does not meet any additional guidelines for vendor stores published on our website.
10.5 If we permit the publication of a vendor store, it will remain published on our website indefinitely or subject to these terms and conditions.
11. Vendor listings
11.1 If you register with our website as a vendor, you will be able to submit listings to the website.
11.2 To create a listing on our website, you should take the steps as detailed in the vendor onboarding document.
11.3 Listings that are submitted will be individually reviewed within 48 hours following submission.
11.4 Without prejudice to our other rights under these terms and conditions, we reserve the right to reject, unpublish and/or delete any listings that breach these terms and conditions or that do not meet any additional guidelines for listings published on our website; and if we reject, unpublish or delete a listing for any of these reasons, we will not refund any fees you may have paid to us in respect of the listing.
11.5 If we permit the publication of a listing, it will remain published on our website indefinitely, subject to these terms and conditions.
11.6 Listings submitted to our website must be true, fair, complete and accurate in all respects.
11.7 Listings submitted to our website must constitute bona fide listings relating to clothing, footwear, accessories, homeware and wellbeing products.
11.8 Listings must be allocated to the appropriate category or categories. If you cannot identify an appropriate category for a listing, please contact us.
11.9 You must keep your listings up to date using our vendor dashboard to list all the required content, pricing and available inventory; in particular, you must remove any listings in respect of products that have ceased to be available.
11.10 You will be held solely responsible for the accuracy of its pricing, available inventory, and all content for products and will be obliged to honour any order placed by a customer through our website.
11.11 You must ensure that all prices specified in or in relation to a listing are in pounds Sterling only.
12.1 Vendor will maintain parity between the products it offers through their own vendor website and the product listings offered on our site by ensuring that at all times:
(a) except for in connection with excluded offers, the selling price and every other term of offer and/or sale of the products (including associated shipping and handling charges and options, any “low price” guarantee, rebate or discount, any free or discounted products or other benefit available as a result of purchasing one or more other products, and terms of applicable return and refund policies) is at least as favourable to users of our site as the most favourable terms upon which that product is offered and/or sold via the vendor website;
(b) customer service for the products is at least as responsive and available and offers at least the same level of support as the most favourable customer service offered in connection with the vendor website; and
(c) the content provided by the vendor to us for our website is of at least the same level of quality as the highest quality information displayed or used on the vendor website; and
(d) provides users of our website with at least as much product information, images and other content as the information provided on the vendor website.
(e) If a vendor becomes aware of any non-compliance with 12.1 above, the vendor will promptly notify us and compensate adversely affected customers by approving appropriate refunds to such customers.
13. Special offers and promotions
13.1 A vendor will notify us by email at [email protected] of all special offers and promotions (i.e., where the vendor discounts an item or items by a certain amount for a certain period of time) offered on the vendor website. A vendor will make special offers and promotions available to our customers and will use commercially reasonable efforts to allow us to support any such special offer or promotion through the vendor dashboard. If a vendor makes any public promotions generally available to all users of the vendor website and we cannot support such offer, then the vendor will provide an equivalent offer or promotion to our customers to the extent possible. For example, if a vendor lists a promotion code on the vendor website that can be used by any customer for 10% off specific products or all products sold on the vendor site and we cannot support the promotion code, the vendor will reduce the price of such product or all products, as applicable, through the vendor dashboard by 10% for the duration of the special offer or promotion on the vendor website.
13.2 We may choose, in our sole discretion, not to permit certain special offers or promotions offered by a vendor on our site and may request that a vendor filter out any such special offers or promotions. Notwithstanding the foregoing, a vendor will not be required to make excluded offers available to our customers, provided that, if we are able to support any special offer at any time during the term and desires to do so, we will notify the vendor and after receipt of such notification, a vendor will make such special offer or promotion available to our customers in connection.
14. Product rules
14.1 The only products that may be the subject of a listing on our website are products falling within the following categories: clothing; footwear; accessories; homeware; wellbeing.
14.2 You must not use our website to advertise, buy, sell or supply services, intangible products or downloadable products.
14.3 You must not advertise, buy, sell or supply through our website any product that:
(a) breaches any law, regulations or code, or infringes any person’s intellectual property rights or other rights, or gives rise to a cause of action against any person, in each case in any jurisdiction and under any applicable law;
(b) consists of or contains material that would, if published on our website by you, contravene the provisions of Section 4 or Section 23; or
(c) is or relates to: drugs, narcotics, steroids or controlled substances; pornography; obscene, indecent or sexually explicit materials; knives, swords, firearms or other weapons; ammunition for any weapon; items that encourage or facilitate criminal acts or civil wrongs; or items that encourage or facilitate the infringement of any intellectual property right.
15. The buying and selling process
15.1 You agree that a contract for the sale and purchase of a product or products will come into force between you and another registered website user, and accordingly that you commit to buying or selling the relevant product or products, in the following circumstances:
(a) a customer must add the products they wish to purchase to the shopping cart, and then proceed to the checkout;
(b) if the customer is a new user, they must create a customer account with the website and log in; otherwise, the customer must enter their login details;
(c) once the customer is logged in, they must select the preferred method of delivery and confirm the order and their consent to these terms and conditions and the applicable terms and conditions of sale;
(d) the customer will be transferred to the website of the appointed payment service provider, and the payment service provider will handle the customer’s payment to the vendor; customers must submit payment in full via credit or debit card;
(e) the website will then send to the customer an automatically generated acknowledgement of payment;
(f) once the vendor has checked whether it is able to meet the customer’s order, the vendor will confirm the order with the customer using the vendor dashboard (at which point the order will become a binding contract between the vendor and the customer) or the vendor will cancel the order using the vendor dashboard if it is unable to meet the customer’s order within 24-hours of receiving an order, during business hours.
(g) the vendor is obligated to update the order status to “Confirmed” using the vendor dashboard within 24-hours of handing the order to the courier for delivery, during business hours.
15.2 A vendor will be responsible for handling their own shipping requirements.
15.3 A vendor is responsible for properly specifying the shipping options for all products through the vendor dashboard and for properly handling all returns at its own cost.
15.4 A vendor will be responsible for shipping all products purchased by customers in accordance with our standard shipping practices. Vendor will be responsible for all shipping charges and for any costs or charges related to shipping-related problems, including without limitation, damaged or lost products, late shipments or miss-delivery.
16. Terms and conditions of shipping
16.1 Vendor will ship each Product within 48-hours of confirming the order within the vendor dashboard. If a vendor cannot meet the terms and conditions of shipping for any product, it will provide us with email notification of such delay.
16.2 Vendor will be fully liable for any fines, costs or expenses incurred by us or by a third party resulting from any failure to satisfy the terms and conditions of shipping for any product. The vendor will indemnify and hold harmless PUBLIC FIBRE LTD and its Affiliates and their officers, directors, employees and agents for any losses, liabilities, fines, costs or expenses (including costs on an attorney and own client basis) resulting from such failure.
17. Terms and conditions of sale
17.1 Notwithstanding any terms agreed between a customer and a vendor, the following provisions will be incorporated into the contract of sale and purchase between the customer and the vendor:
(a) the price for a product will be as stated in the relevant product listing;
(b) delivery charges, packaging charges, handling charges, administrative charges, insurance costs, other ancillary costs and charges, and VAT and other taxes will only be payable by the customer if this is expressly and clearly stated in the product listing;
(c) deliveries of products must be made within 14 days following the date the contract of sale comes into force or such shorter period as the customer and vendor may agree;
(d) appropriate means of delivery of products must be used by the vendor; and
(e) products must be of satisfactory quality, and must be fit for any purpose specified in, and conform in all material respects to, the product listing and any other description of the products supplied or made available by the vendor to the customer.
17.2 If the vendor is a trader and the customer is a consumer, the provisions of Section 18 shall be incorporated into the contract of sale and purchase between a customer and a vendor.
17.3 Both customers and vendors undertake to comply with the agreed terms and conditions of sale and purchase.
18. Distance contracts: cancellation right
18.1 This Section 18 applies if and only if the vendor is a trader (a person acting for purposes relating to that person’s trade, business, craft or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf) and the customer is a consumer (an individual acting wholly or mainly outside his or her trade, business, craft or profession).
18.2 The customer may withdraw an offer to enter into a contract with a vendor through our website or cancel a contract entered into with a vendor through our website (without giving any reason for the withdrawal or cancellation) at any time within the period:
(a) beginning upon the submission of the customer’s offer; and
(b) ending at the 14 days after the day on which the goods come into the customer’s physical possession or the physical possession of a person identified by the customer to take possession of them (or, if the contract is for delivery of multiple goods, lots or pieces of something, 14 days after the day on which the last of those goods, lots or pieces comes into the customer’s physical possession or the physical possession of a period identified by the customer to take possession of them).
18.3 In order to withdraw an offer to contract or cancel a contract on the basis described in this Section 18, the customer must inform the vendor of the customer’s decision to withdraw or cancel (as the case may be). The customer may inform the vendor by means of any clear statement setting out the decision. In the case of cancellation, the customer may inform the vendor using the cancellation form that we or the vendor will make available to the customer. To meet the cancellation deadline, it is sufficient for the customer to send the communication concerning the exercise of the right to cancel before the cancellation period has expired.
18.4 If the customer cancels a contract on the basis described in this Section 18, the customer must send the products back to the vendor (to the address specified by the vendor on our website) or hand them over to the vendor or a person authorised by the vendor to receive them. The customer must comply with this obligation without undue delay and in any event not later than 31 days after the day on which the customer informs the vendor of the decision to cancel the contract. The customer must pay the direct cost of returning the products.
18.5 If the customer cancels an order in accordance with this Section 18, the customer will receive from the vendor a full refund of the amount paid to the vendor in respect of the order excluding the costs of delivery to the customer.
18.6 If the value of the products returned by the customer is diminished by any amount as a result of the handling of those products by the customer beyond what is necessary to establish the nature, characteristics and functioning of the products, the vendor may recover that amount from the customer up to the contract price. The vendor may recover that amount by deducting it from any refund due to the customer or require the customer to pay that amount direct to the vendor. Handling which goes beyond the sort of handling that might reasonably be allowed in a shop will be “beyond what is necessary to establish the nature, characteristics and functioning of the products” for these purposes.
18.7 The vendor will refund money using the same method used to make the payment, unless the customer has expressly agreed otherwise. In any case, the customer will not incur any fees as a result of the refund.
18.8 Unless the vendor has offered to collect the products, the vendor will process a refund due to the customer as a result of a cancellation on the basis described in this Section 18 within the period of 14 days after the day on which the vendor receive the returned products or (if earlier) after the day on which the customer supplies to the vendor evidence of having sent the products back. If the vendor has not sent the products at the time of withdrawal or cancellation or has offered to collect the products, the vendor will process a refund due to the customer without undue delay and, in any case, within the period of 14 days after the day on which the vendor is informed of the withdrawal or cancellation.
18.9 The customer will not have any right to cancel a contract as described in this Section 18 insofar as the contract relates to:
(a) the supply of newspapers, periodicals or magazines, with the exception of subscription contracts for the supply of such publications;
(b) the supply of goods which are liable to deteriorate or expire rapidly;
(c) the supply of non-prefabricated goods that are made on the basis of an individual choice of or decision by the customer, or goods that are clearly personalised;
(d) the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, where such goods have been unsealed by the customer; and
(e) the supply of goods which are, according to their nature, inseparably mixed with other items after delivery.
19. Marketplace fees
19.1 Marketplace vendors must pay to us the following amounts:
(a) listing fee in respect of the vendor store listing; and
(b) commission in respect of each sale made through our website.
19.2 In respect of fees payable to us by vendors:
(a) the fees will be as specified in our commission agreement; and
(b) the scope and duration of the services in respect of which the fees are payable will be as specified in our commission agreement.
19.3 In respect of commission payable to us by vendors:
(a) commission shall be payable at the rate agreed in our commission agreement (excluding VAT, sales taxes and delivery charges);
(b) we shall deduct commission due from amounts held or processed by us on behalf of the vendor; and
19.4 All amounts stated in these terms and conditions or on our website are stated inclusive of VAT.
19.5 The vendor acknowledges that we may be required by applicable law to make VAT-related or other tax-related deductions to payments processed by us on behalf of a vendor under these terms and conditions. We may remit such deducted amounts to the relevant government or tax authorities. Within 5 days following the sending of a request by us to the vendor, the vendor must pay to us or reimburse us in respect of such amounts and, without prejudice to our other rights under these terms and conditions, we may deduct such amounts from payments due to the vendor under these terms and conditions.
19.6 Promptly following receipt of a written request from us, you must supply to us any information and documentation that we may reasonably request in order to identify you or facilitate our compliance with our legal obligations relating to the taxation of payments made to us or processed by us under or in relation to these terms and conditions. We may supply such information and/or documentation to relevant government and tax authorities.
20.1 An order is deemed complete only once:
(a) the product has been delivered with proof of delivery by courier; and
(b) the returns and/or cancellation period stipulated by the vendor has expired.
20.2 Vendors will be allowed to withdraw payment once orders meet the deemed completion criteria.
20.3 At our option, all payments to a vendor’s bank account will be made by mean of electronic bank transfer. If we conclude that a vendor’s actions and/or performance in connection with these terms and conditions may result in customer disputes or other claims, then we may, at our sole discretion, delay initiating any remittances and withhold any payments to be made or that are otherwise due to the Vendor under these terms and conditions for the shorter of:
(a) a period of 90 days following the initial date of suspension; or
(b) completion of any investigation(s) regarding the vendor’s actions and/or performance in connection with this Agreement.
20.4 The Vendor expressly acknowledges and accepts that payment of the vendor share by us shall at all times be subject to us having received the satisfactory proof of delivery to the customer. We shall have no liability to the vendor, and the Vendor shall have no claim against us, for any failure by us to make payment of the Vendor Share in circumstances where we have not received the corresponding proof of delivery from the customer.
20.5 If you dispute any payment made to us, you must contact us immediately and provide full details of your claim.
20.6 If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:
(a) an amount equal to the amount of the charge-back;
(b) all third-party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);
(c) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 20.3 (including without limitation legal fees and debt collection fees),
and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 20.3.
20.7 If you owe us any amount under or relating to these terms and conditions, we may suspend or withdraw the provision of services to you.
20.8 We may at any time set off any amount that you owe to us against any amount that we owe to you, by sending you written notice of the set-off.
21. Our role
21.1 You acknowledge that:
(a) we do not confirm the identity of website users, check their credit worthiness or bona fides, or otherwise vet them;
(b) we do not check, audit or monitor the information contained in listings;
(c) we are not party to any contract for the sale or purchase of products advertised on the website;
(d) we are not involved in any transaction between a customer and a vendor in any way, save that we facilitate a marketplace for customers and vendors and process payments on behalf of vendors;
(e) we are not the agents for any customer or vendor,
and accordingly we will not be liable to any person in relation to the offer for sale or sale or purchase of any products advertised on our website; furthermore we are not responsible for the enforcement of any contractual obligations arising out of a contract for the sale or purchase of any products and we will have no obligation to mediate between the parties to any such contract.
21.2 The provisions of this Section 21 are subject to Section 26.1.
22. Our rights to use your content
22.1 In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.
22.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media.
22.3 You grant us the right to sub-license the rights licensed under Section. 22.2.
22.4 You grant to us the right to sub-license the rights licensed under Section 22.2.
22.5 You grant to us the right to bring an action for infringement of the rights licensed under Section 22.2.
22.6 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
22.7 You may edit your content to the extent permitted using the editing functionality made available on our website.
22.8 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
23. Rules about your content
23.1 You warrant and represent that your content will comply with these terms and conditions.
23.2 Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
23.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:
(a) be libellous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trademark right, design right, right in passing off or other intellectual property right;
(d) infringe any right of confidence, right of privacy or right under data protection legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
(g) be in contempt of any court or in breach of any court order;
(h) be in breach of racial or religious hatred or discrimination legislation;
(i) be blasphemous;
(j) be in breach of official secrets legislation;
(k) be in breach of any contractual obligation owed to any person;
(l) be pornographic, lewd, suggestive or sexually explicit;
(m) be untrue, false, inaccurate or misleading;
(n) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(o) constitute spam;
(p) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
(q) cause annoyance, inconvenience or needless anxiety to any person.
23.4 Your content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet.
23.5 You must not use our website to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these terms and conditions.
23.6 You must not submit to our website any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
24. Report abuse
24.1 If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know.
24.2 You can let us know about any such material or activity by email us at [email protected]
25. Limited warranties
25.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on our website;
(b) that the material on the website is up to date;
(c) that the website will operate without fault; or
(d) that the website or any service on the website will remain available.
25.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
25.3 To the maximum extent permitted by applicable law and subject to Section 26.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
26. Limitations and exclusions of liability
26.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law,
and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.
26.2 The limitations and exclusions of liability set out in this Section 26 and elsewhere in these terms and conditions:
(a) are subject to Section 26.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
26.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
26.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
26.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
26.6 We will not be liable to you in respect of any loss or corruption of any data, database or software, providing that if you contract with us under these terms and conditions as a consumer, this Section 26.6 shall not apply.
26.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage, providing that if you contract with us under these terms and conditions as a consumer, this Section 26.7 shall not apply.
26.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
27.1 You hereby indemnify us, and undertake to keep us indemnified, against:
(a) any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our website or any breach by you of any provision of these terms and conditions;
(b) any VAT liability or other tax liability that we may incur in relation to any sale, supply or purchase made through our website, where that liability arises out of your failure to pay or to register to pay any VAT or other tax properly due in any jurisdiction.
28. Breaches of these terms and conditions
28.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our website;
(c) suspend or delete your account on our website.
(d) permanently prohibit you from accessing our website;
(e) block computers using your IP address from accessing our website;
(f) contact any or all of your internet service providers and request that they block your access to our website;
(g) commence legal action against you, whether for breach of contract or otherwise.
28.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
29. Third party websites
29.1 Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.
29.2 We have no control over third party websites and their contents, and subject to Section 26.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.
30.1 “PUBLIC FIBRE”, our logos and our other registered and unregistered trademarks are trademarks belonging to us; we give no permission for the use of these trademarks, and such use may constitute an infringement of our rights.
30.2 The third party registered and unregistered trademarks or service marks on our website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.
31.1 We may revise these terms and conditions from time to time.
31.2 As a customer, the revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.
31.3 As a vendor, we will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our website from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our website.
31.4 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.
32.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions – providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.
32.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
33.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
33.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
34. Third party rights
34.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
34.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.
35. Entire agreement
35.1 Subject to Section 26.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.
36. Law and jurisdiction
36.1 These terms and conditions shall be governed by and construed in accordance with English law.
36.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.
37. Statutory and regulatory disclosures
37.1 We will specify on the website or elsewhere in these terms and conditions the different technical steps you must follow to conclude a contract under these terms and conditions, and also the technical means for identifying and correcting input errors prior to the placing of your order.
37.2 We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.
37.3 These terms and conditions are available in the English language only.
37.4 We are registered in trade register; you can find the online version of the register at. https://beta.companieshouse.gov.uk/company/12659888, and our registration number is 12659888.
37.6 The website of the European Union’s online dispute resolution platform is available at http://ec.europa.eu/odr. The online dispute resolution platform may be used for resolving disputes.
38. Our details
38.1 This website is owned and operated by PUBLIC FIBRE LTD
38.2 We are registered in England and Wales under registration number 12659888, and our registered office is at 20-22 Wenlock Road, London, N1 7GU.
38.3 Our principal place of business is at 20-22 Wenlock Road, London, N1 7GU.
38.4 You can contact us:
(a) by post, to 20-22 Wenlock Road, London, N1 7GU
(b) by email, using [email protected]