Terms and Conditions

1 Definitions & Interpretation

In these Conditions, the following words shall have the following meanings:

"Website" means the whole of www.cornwallbooknow.com web domain pages as well as the whole of the www.cornwallbooknow.co.uk web domain pages.

"Administration Web Pages" means those pages of the Website used by the Buyer for the maintenance of its own information to be displayed and used on the Website, including those pages where the Buyer may select options and pay for those options;

"Seller" means The UK Software Factory operating the website CornwallBookNow.com of/ having its registered office at Peat House, Newham Road, Truro, Cornwall, TR1 2DP ;

"Buyer" means the person(s), firm or company who purchases the Service from the Seller;

"Service" means any service agreed in the Contract to be supplied to the Buyer by the Seller (including any part or parts of them whether paid for or not); and

"Contract" means the contract between the Seller and the Buyer for the sale and purchase of the Service, incorporating these Conditions;

"Order Form" means the Seller's Administration Web Pages on its Website used for selecting and paying for optional Services.

1.2 In these Conditions, references to the masculine include the feminine and the neuter and to the singular include the plural and vice versa as the context admits or requires.

1.3 In these Conditions, headings will not affect the construction of these Conditions.

2 Application Of Terms

2.1 The Contract will be on these Conditions to the exclusion of all other terms and conditions (including any terms or conditions which the Buyer purports to apply under any purchase order, confirmation of order, specification or other document).

2.2 Each order for Services by the Buyer from the Seller shall be on an Order Form and shall be deemed to be an offer by the Buyer to purchase Services subject to these Conditions.

2.3 No order placed by the Buyer shall be deemed to be accepted by the Seller until a written acknowledgement (including email) of order is issued by the Seller or (if earlier) the Seller delivers the Services to the Buyer.

2.4 Any quotation is given by the Seller on the basis that no Contract shall come into existence until a written acknowledgement (including email) of order is issued by the Seller or (if earlier) the Seller delivers the Services to the Buyer. Any quotation is valid for a period of 90 days only from its date, provided that the Seller has not previously withdrawn it.

2.5 In order to use the Service, the Buyer must firstly agree to the Terms. The buyer may not use the Service if it does not accept the Terms.

2.6 The Buyer accepts the terms by:

a. clicking to accept or agree to the Terms where this option is made available to the Buyer by the Seller in the user interface for the Service; or

b. by actually using the Service. In this case, the Buyer understands and agrees that the Seller will treat the Buyer's use of the Service as acceptance of the Terms from that point onwards

2.7 The Buyer may not use the Service and may not accept the Terms if (a) the Buyer is not of legal age to form a binding contract with the Seller and operate the Service or (b) the Bueyer is a person barred from receiving the Service under the laws of the United Kingdom or other countries including the country in which the Buyer is resident and from which the Buyer uses the Service.

3 Price & Payment

3.1 The price for the Services shall be the price set out in the Seller's price list published on the Website.

3.2 Payment of the price for the Services is due when the Service(s) is/are selected.

4 Description

4.1 All drawings, descriptive matter, specifications and advertising issued by the Seller and any descriptions or illustrations contained in the Seller's Website are issued or published for the sole purpose of giving an approximate idea of the Services described in them. They will not form part of this Contract.

5 Provision of Service

5.1 The Seller will provide the Services ordered by the Buyer on its Website.

5.2 Provision of the Service will be immediately after the Buyer's order is accepted the Order Form.

5.3 The Seller is constantly innovating in order to provide the best possible experience for its users. The Buyer acknowledges and agrees that the form and nature of the Service which the Seller provides may change from time to time without prior notice to the Buyer.

5.4 As part of this continuing innovation, the Buyer acknowledges that the Seller may stop (permanently or temporarily) providing the Service (or any features within the Service) to the Buyer or to users generally at the Seller's sole discretion, without prior notice to the Buyer. The Buyer may stop using the Service at any time. The Buyer does not need to specifically inform the Seller when it stops using the Service.

5.5 The Seller may establish general practices and limits concerning use of the Service, including without limitation, the text and/or images that the Buyer employs in its use of the Service.

5.6 We also reserve the right to impose limits on certain Service features or restrict access to parts or all of the Service without notice and without liability. We may decline to process any feature without prior notice to you.

5.7 You acknowledge and agree that if the Seller disables access to your account, you may be prevented from accessing the Service, your account details or any files or other content which is contained in your account.

5.8 You agree to use the Service only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).

5.9 Without prejudice to the above, you agree and acknowledge that the reporting and payment of any applicable taxes arising from your use of the Service is your responsibility. You hereby agree to comply with any and all applicable tax laws, including the reporting and payment of any taxes arising in connection with using the Service.

5.10 You agree not to access (or attempt to access) any of the Service by any means other than through the interface that is provided by the Seller, unless you have been specifically allowed to do so in a separate agreement with Seller. You acknowledge that this restriction shall apply to use of the Service by any automated means.

5.11 You agree that you will not engage in any activity that interferes with or disrupts the Service (or the servers and networks which are connected to the Service).

5.12 Unless you have been specifically permitted to do so in a separate agreement with the Seller, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Service for any purpose.

5.13 You agree that you are solely responsible for (and that the Seller has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which the Seller may suffer) of any such breach.

5.14 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Service.

5.15 If you are using the Service in a business capacity, you agree that all officers, employees, agents, representatives and others having access to your account username and/or password shall be properly authorised to do so, and shall have the authority to legally bind the business, partnership or other legal entity concerned.

5.16 You agree and understand that the Seller may remove or modify any material you have entered into the Administration Web Pages at its discretion.

6 Risk/Title

6.1 The Services are at the risk of the Buyer from the time of Provision of Service.

6.2 Ownership of the Services shall not pass to the Buyer.

7 Liability

7.1 If the Services provided are defective or unsuitable, the Seller shall have no liability to the Buyer.

7.2 If the Buyer does not receive the Services ordered by it within 3 days of the date of the Order Form, the Seller shall have no liability to the Buyer unless the Buyer notifies the Seller in writing of the problem within 4 days of the date of the Order Form.

7.3 If the Buyer notifies a problem to the Seller under either Condition 7.1 or Condition 7.2, the Seller's sole and exclusive obligation will be, at the Buyer's option:

to make good any shortage; or

to replace or repair any Services that are defective; or

to refund to the Buyer the amount paid by the Buyer for the Services in whatever way the Seller chooses.

7.4 Save as precluded by law, the Seller will not be liable to the Buyer for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising under or in connection with the Contract and the Seller shall have no liability to pay any money to the Buyer by way of compensation other than to refund to the Buyer the amount paid by the Buyer for the Services under Condition 7.3.3 above.

7.5 The Buyer must observe and comply with all applicable regulations and legislation, including obtaining all necessary permits to purchase the Services from the Seller. The Seller makes no representation and accepts no liability in respect of the Services.

7.6 The Buyer must ensure that all information that it enters on the website is correct and must not violate any laws or regulations governing the publication of information on the Website. If the Seller believes ther to be any violation of these practises, the Seller may disallow the information to be displayed at its sole discretion without recourse to the Buyer.

7.7 Notwithstanding the foregoing, nothing in these Conditions is intended to limit any rights the Buyer might have as a consumer under applicable local law or other statutory rights that may not be excluded, nor in any way to exclude or limit the Seller's liability to the Buyer for any death or personal injury resulting from the Seller's negligence.

8 Notices

Unless otherwise expressly stated in these Conditions, all notices from the Buyer to the Seller must be in writing and sent to the Seller at Menherion House, Menherion, Redruth, Cornwall , TR16 6NW . All notices from the Seller to the Buyer will be sent to the Buyer's address specified in the Administration Web Pages.

9 Events Beyond the Seller's Control

The Seller shall have no liability to the Buyer for any failure to deliver the Services or any delay in doing so or for any defect of the Services delivered that is caused by an event or circumstance beyond the Seller's reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.

10 Invalidity

If any of these Conditions (or part of any of these Conditions) is unenforceable (including any provision in which the Seller excludes its liability to the Buyer) the enforceability of the remaining Conditions (or remaining part of any Condition) will not be affected.

11 Third Party Rights

Notwithstanding any other provision of the Contract, nothing in the Contract confers or purports to confer any right to enforce any of its terms on any person who is not a party to it.

12 Governing Law

The Contract shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between the Seller and the Buyer.

13 Entire Agreement

The Contract sets out the entire agreement between the Seller and the Buyer. Nothing said by any sales person on behalf of the Seller should be understood as a variation of the Contract or as an authorised representation about the nature or quality of the Services. Save for fraud or fraudulent misrepresentation, the Seller shall have no liability for any such representation being untrue or misleading.

No variation of or amendment to the Contract shall bind either party unless made in writing and signed by the authorised representatives of both parties.