1. INFORMATION ABOUT PHILLIP TOM AND SONS
1.1 The domain name www.philliptomandsons.co.uk and/or www.pts-funerals.co.uk (“Site”) is a website operated by Phillip Tom and Sons, registered in England and Wales under company number 5032109 and registered office is at Beaconsfield House, 155a Commercial St., Newport Rd., Risca, Gwent. NP11 6EY (“We” or “Our”). We are a limited company.
1.2 If users of the Site (“You”) have any questions about these Terms or any problems accessing or using the Site or any of its contents please contact firstname.lastname@example.org.
2. WEBSITE TERMS
2.2 The Site is provided to you for your personal use subject to these Terms. By using the Site, you agree to be bound by these Terms.
2.3 If you do not agree to be bound by these Terms, do not continue to access or use this Site.
3. ASSOCIATED APPLICABLE TERMS
3.1 References to these ‘Terms’ include our Privacy and Cookies Policy (found here), which sets out the terms on which we process any information collected about you from the Site. By using the Site, you consent to such processing and you warrant that all information provided by you is accurate.
3.2 If you purchase goods from the Site, our Terms of Contract (found here) will apply to the sales.
4. CHANGES TO THESE TERMS
4.1 We may revise the provisions of these Terms at any time by amending this page and such revisions are effective immediately from the time they are included on the Site.
4.2 You agree to review these Terms regularly to ensure you become aware of any revisions to them and by continuing to access or use this Site you agree to be bound by the revised Terms.
5. CHANGES TO THE SITE
5.1 We may update the Site at any time, and may change the content at any time. Please note that any of the content on the Site may be out of date at any given time and we are under no obligation to update it.
5.2 We do not guarantee that the Site, or any content on it, will be free from errors or omissions.
6. ACCESSING THE SITE
6.1 Access to this Site is permitted on a temporary basis, and we do not guarantee that the Site will always be available or uninterrupted. We may suspend, withdraw or change all or any part of the Site without notice. We will not be liable if for any reason the Site or any part of it is unavailable at any time or for any period.
6.2 You are responsible for making all arrangements necessary for you to have access to the Site. You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these Terms and that they comply with them.
7. YOUR ACCOUNT AND PASSWORD
7.1 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party.
7.2 We have the right to suspend your account and disable any user identification code or password, whether chosen by you or allocated by us, if in our opinion you have failed to comply with any of the provisions of these Terms.
7.3 If you know or suspect anyone other than you knows your user identification code or password, you must promptly notify us at email@example.com
7.4 The internet is not a secure medium and privacy cannot be assured. We therefore do not accept responsibility for any harm or damage you may experience or incur by sending personal or confidential information to us over the internet or if we send you such information at your request.
8. INTELLECTUAL PROPERTY RIGHTS
8.1 We are the owner or licensee of all intellectual property rights in the Site and all design, text, pictures, graphics (and the selection and arrangement of them), software compilations, coding, underlying source code, software and all other material on the Site. All such rights are reserved.
8.2 You may retrieve and display the content of the Site on a computer screen, store such content in electronic form on disk (but not on any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Site without our written permission.
8.3 You must not use any part of the content on the Site for commercial purposes without obtaining a licence to do so from us or our licensors.
8.4 Infringement of any rights in the Site or the materials associated with the Site may lead to criminal and/or civil sanctions in the UK, US and other countries.
8.5 If you copy, print or download material from the Site in breach of these Terms you must immediately cease to use the Site and erase, destroy and/or return any unauthorised materials to us.
8.6 If you believe that any content on the Site in any way infringes intellectual property rights belonging to you or any third party please contact us immediately identifying your rights and the material you claim is infringing your rights.
9. RELIANCE ON INFORMATION
9.1 The content on the Site is provided for general information only and is not intended to amount to advice to be relied upon. We will not be liable for any losses arising out of any reliance placed on the content of the Site by you, or any person informed of its contents.
9.2 You must obtain specialist professional advice before taking, or refraining from taking, any action on the basis of the content on the Site.
9.3 Please also note that any of the content on the Site may be out of date at any given time and we make no (and expressly disclaim all) representations and warranties, express or implied, in respect of the Site or its contents including, but not limited to, the accuracy or completeness of the Site and its contents.
10. LIMITATION OF LIABILITY
10.2 The Site provides content from other internet websites or resources and while we try to ensure that material included on the Site is correct, reputable and of high quality, we do not make any warranties or guarantees in relation to that content. If we are informed of any inaccuracies in the material on the Site we will attempt to correct the inaccuracies as soon as we reasonably can.
10.3 We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise that was unforeseeable to us at the time you used the Site.
10.4 If you are a business user, please note that in particular, we will not be liable for:
10.4.1 loss of profits, sales, business or revenue;
10.4.2 loss of data;
10.4.3 loss or damage to property;
10.4.4 business interruption;
10.4.5 loss of anticipated savings;
10.4.6 loss of business opportunity, goodwill or reputation; and/or
10.4.7 any indirect or consequential loss or damage.
10.5 Different limitations and exclusions of liability apply to the supply of goods or services to you, which are set out in our Terms of Contract here.
11. UPLOADING CONTENT TO THE SITE
11.1 Whenever you make use of a feature that allows you to upload material to the Site or post comments or messages for others to read, or to make contact with other users of the Site, you must comply with the
content standards set out in paragraph 14 below.
11.2 You warrant that any such contribution complies with those standards, and you agree to indemnify (reimburse) us and keep us indemnified for any liability which we may incur as a result of your contribution not complying with those standards.
11.3 Any material you upload to the Site will be considered non-confidential and non-proprietary, and we have the right to retain, use, copy, distribute and/or disclose to third parties any such material for any
purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the Site constitutes a violation of their rights.
11.4 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 the Site.
11.5 We have the right to remove any material or posting you make on the Site if, in our opinion, such material does not comply with the content standards set out in paragraph 14 below.
11.6 The views expressed by other users on the Site so not represent our views or values.
12.1 Please note that there are inherent risks in communication via the internet and although we will use our reasonable endeavours to prevent contamination of any material sent to you with any virus or similar
destructive code we do not guarantee that the Site will be secure or free from viruses, bugs or similar destructive programs or code.
12.2 We do not, to the maximum extent permitted by law, accept any liability for any virus or similar destructive code which any computer equipment and/or software used by you may suffer as a result of your
accessing the Site and/or any other communication via the internet between you and us.
12.3 It is your responsibility to scan what you choose to download from the Site to ensure that it is free of
such items as viruses, worms, trojan horses, logic bombs and other similar destructive code.
12.4 You must not introduce any viruses, worms, trojan horses, logic bombs or other similar destructive code or malicious material to the Site. You must not attempt to gain unauthorised access to the Site, the
servers on which it is stored or any server, computer or database connected to the Site, nor attack the Site using a denial of service attack or a distributed denial of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We may report any such breaches and disclose personal data relating to you to any relevant law enforcement agency. In the event of such a breach, your right to use the Site would cease immediately.
13. PROHIBITED USES
13.1 You may use our site only for lawful purposes. You may not use our site:
13.1.1 in any way that breaches any applicable local, national or international law or regulation;
13.1.2 in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
13.1.3 for the purpose of harming or attempting to harm minors in any way;
13.1.4 to send, knowingly receive, upload, download, use or re-use any material which does not comply with the content standards in paragraph 14.
13.1.5 to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
13.1.6 to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
13.2 You also agree:
13.2.1 not to reproduce, duplicate, copy or re-sell any part of our site in contravention of this Policy;
13.2.2 not to access without authority, interfere with, damage or disrupt:
a) any part of our site;
b) any equipment or network on which our site is stored;
c) any software used in the provision of our site; or
d) any equipment or network or software owned or used by any third party.
14. CONTENT STANDARDS
14.1 These content standards apply to any and all material which you upload, post or otherwise contribute to the Site. The standards apply to each part of any contribution as well as to its whole.
14.2 Contributions must:
14.2.1 be accurate (where they state facts);
14.2.2 be genuinely held (where they state opinions);
14.2.3 comply with applicable law in the UK and in any country from which they are posted.
14.3 Contributions must not:
14.3.1 contain any material which is defamatory of any person;
14.3.2 contain any material which is obscene, offensive, hateful or inflammatory;
14.3.3 promote sexually explicit material;
14.3.4 promote violence;
14.3.5 promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
14.3.6 infringe any copyright, design right, database right, trade mark or any other intellectual property rights
of any other person;
14.3.7 be likely to deceive;
14.3.8 be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of
14.3.9 advocate, promote or assist any illegal activity or unlawful act;
14.3.10 be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless
14.3.11 be likely to harass, upset, embarrass, alarm or annoy any other person;
14.3.12 be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
14.3.13 give the impression that they emanate from us, if this is not the case; or
14.3.14 advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
14.4 We will determine, in our sole discretion, whether your use of the Site constitutes a breach of this Policy.
When a breach of this policy has occurred, we may take such action as we deem appropriate.
14.5 Failure to comply with these contents standards constitutes a material breach of this Policy and may result in our taking all or any of the following actions:
14.5.1 immediate, temporary or permanent withdrawal of your right to use the Site;
14.5.2 immediate, temporary or permanent removal of any posting, message or material contributed by you to the Site;
14.5.3 issue of a warning to you;
14.5.4 legal proceedings against you for appropriate court orders, compensation and/or reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs)
resulting from the breach; or
14.5.5 disclosure of such information to law enforcement authorities as we reasonably feel is necessary or
are required to disclose.
14.6 We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described above are not limited, and we may take any other action we reasonably deem appropriate.
15. LINKING TO THE SITE
15.1 You may not link to any of the Site’s web pages without our prior permission.
15.2 You many not frame or permit another to frame the Site on any other website.
15.3 You must not establish a link that suggests any form of association, approval or endorsement with or from us where none exists.
15.4 We reserve the right to withdraw permission to link to the Site at any time and without notice.
16. THIRD PARTY LINKS
A third party website accessed from a link on the Site is independent from us and we have no control over the content and/or management of that website. You view and rely upon the contents of any such third party website at your own risk. We accept no liability to you and make no representations or endorsements about any third party websites or the content on such websites.
17.1 You may not transfer any of your rights under these Terms to any other person. We may transfer our rights under these Terms to another business or person where we reasonably believe your rights will not be affected.
17.2 If you breach these Terms and we choose not to take immediate action, such inaction shall not constitute a waiver of our rights and remedies and we will still be entitled to use such rights and remedies at
a later date or in any other situation where you breach the Terms.
18. APPLICABLE LAW
18.1 Subject to 18.2, these Terms are subject to the laws of England and Wales and you and we agree to the exclusive jurisdiction of the courts of England and Wales.
18.2 If you are a consumer, the Terms are subject to the laws of England and Wales and you and we agree to the non-exclusive jurisdiction of the courts of England and Wales. Therefore, if you are a resident in Northern Ireland, you may bring proceedings in Northern Ireland. Equally, if you are a resident in Scotland, you may bring proceedings in Scotland.