Terms and Conditions of Use
Welcome to the WPBC Shop. Please read the following general
terms and conditions ("Terms and Conditions") carefully before
using this website. By entering this website, and/or any sub-site accessible
on this site you ('the user') accept, without limitation or qualification,
the Terms and Conditions of Use set forth below and any additional Terms
and Conditions of Use set forth in any sub-site or in connection with
any promotion or service contained within such sites. If you do not accept
these Terms and Conditions of Use, you should exit the website.
We encourage you to save a copy of these Terms and Conditions of Use
using the 'save as' function of your browser or to print a copy using
the 'print' function of your browser.
Ownership
The Scottish WPBC Shop is an official online merchandising web
site of the World Pipe Band Championships. The WPBC Shop
is operated under licence by Official Merchandising Ltd ("Official Merchandising").
This website and its design, text, graphics, the selection and arrangement
thereof, is Copyright (c) of the World Pipe Band Championships or Copyright
(c) of Official Merchandising all rights reserved.
Trademarks
The World Pipe Band Championships logo and product ranges are copyright
works and/or official trademarks of The World Pipe Band Championship
and are the subject of extensive protection and registrations worldwide.
Other proprietary trademarks and tradenames may be featured on this website
from time to time.
Amending the Terms and Conditions of Use
Official Merchandising may add to, change or remove any part of these Terms and Conditions
of Use at any time, without notice. Any changes to these Terms and Conditions
of Use or any terms shown on this website or any sub-site hereof, apply
as soon as they are shown. By continuing to use this website after any
changes are posted, you are indicating your acceptance of those changes.
Official Merchandising may add, change, discontinue, remove or suspend any other content
displayed on this website, including features and specifications of products
and services described or depicted on the website, temporarily or permanently,
at any time, without notice and without liability.
Limited licence; Restrictions
You are granted a limited licence to download the materials contained
on this website to a single personal computer, and to print a hard copy
of the materials contained on this website, solely for personal, non-commercial
use, and provided all copyright, trade mark and other proprietary notices
are left intact. Use of the materials contained on this website on any
other Internet site is strictly prohibited. The grant of this limited
licence is conditional upon your agreement to and compliance with all
these Terms and Conditions of Use. Any other use of any of the materials
on this website including reproduction (for any purposes other than those
noted above), modification, distribution, or republication, without the
prior written permission of Official Merchandising or the World Pipe Band Championships
is strictly prohibited, and is a violation of Official Merchandising's and/or the World
Pipe Band Championships' proprietary rights.
Registration
If you are under 18, you must ask your parents or a guardian before
you: e-mail the website, or ask Official Merchandising to e-mail anything to you; send in
any information to Official Merchandising; enter any contest or game that requires information
about you or offers a prize; register on this site; buy anything online.
By continuing to use this website and any of the services offered, you
are confirming that you have received the consent of your parents or
a guardian.
PLEASE NOTE that all minors are recommended to discuss these terms and
conditions with their parents before they complete the registration process.
In order to place an order with Official Merchandising you will need to register to use
the site.
In return for allowing you to use The WPBC Shop and benefiting
from our services, you agree that any information you provide us about
yourself at any time will be true, accurate, current and complete and
that you will ensure that this information is kept accurate and up to
date. If incorrect information is supplied any contractual obligation
Official Merchandising has is immediately null and void.
If you send communications or materials to this website by electronic
mail or otherwise, concerning any comments, questions, suggestions or
the like, all such communications are, and will be treated as, non-confidential
and non-proprietary. Thus, you give up any claim that any use of such
material infringes any of your rights including moral rights, proprietary,
or any other right, including the right to approve the way in which Official Merchandising
or the World Pipe Band Championships uses such material.
Any material submitted to this website, may be adapted, broadcast, changed,
copied, disclosed, licensed, performed, posted, published, sold, transmitted
or used on a royalty free basis by Official Merchandising or the World Pipe Band Championships
anywhere in the world, in any medium, in perpetuity.
Please note that this provision does not relate to any personal data
that you submit which will be dealt with in accordance with the provisions
of this website's 'Privacy Policy' which is part of these Terms and Conditions
of Use. Password and Security
Internet transmissions are never completely private or secure. You understand
that any message or information you send to this website may be read
or intercepted by others unless there is a special notice that a particular
message (for example, credit card information) is encrypted (sent in
code).
In the event that you are asked to create a password when you register
to use any of our services, you must keep this password confidential
and must not disclose it to nor share it with anyone.
PLEASE NOTE that you will be responsible for all activities that occur
under your password and agree to indemnify us against all costs and expenses
that we incur in connection with your account.
If you know or suspect that someone else knows your password you must
notify us immediately. Our contact details can be found in the FAQ section.
We reserve the right to change your password if we believe that it is
not longer secure. Privacy
We treat your privacy very seriously. Official Merchandising's Privacy
Policy provides
details about the type of information we may collect from you and details
of how we may use this information. You should read it here.
Use of the Site
You agree that you will only use our web site in a way which is consistent
with our Terms and Conditions of Use and which complies with applicable
laws and regulations. In particular you agree that you will not use our
web site to upload or send any material which contains software viruses
or other codes, files or programs designed to interrupt, destroy or limit
the functionality of any computer software, hardware or telecommunications
equipment or in any other manner which would interfere with or disrupt
our web site. You acknowledge that our web site and any goods that you
obtain from our web site are provided for your personal use only and
may not be used for any commercial purposes or distributed commercially
without our permission.
Purchasing Goods
Please read our FAQ section to learn how you can purchase products from
this site. This document also address any questions you might have about
delivery of your products, your right to cancel orders or return faulty
products to us and our quality assurance.
Right to Cancel, Return and Exchange Goods
You have the right to cancel any order that you have placed with us
or return or exchange any item purchased from us for any reason whatsoever
until 7 days after the date on which the product has been delivered to
you provided you have not used the product or, in the case of software,
audio or visual products, have not unsealed its packaging. This right
does not apply to any products that we have made or customised specifically
for you or to any products that by their nature have a limited life span
and does not effect your statutory rights. Please refer to the FAQ for
more details.
Links
Official Merchandising may choose to provide links to sites owned by Official Merchandising and associated
companies from time to time and may also choose to provide links to sites
that are owned by third parties that are not connected with Official Merchandising. All
links are provided for your convenience only. Access to sites that are
owned by third parties is at your own risk and Official Merchandising has no responsibility
or liability for these third-party sites.
Availability
Official Merchandising will use all reasonable endeavours to ensure that this web site
is fully operational at all times. However we cannot guarantee that the
web site will be fault free. In particular access to this web site may
be interrupted or restricted to allow for emergency or routine repairs
or maintenance to be carried out or the introduction of new facilities
or services.
Further, by using this website and any sub-site, you acknowledge and
agree that the Internet uses elements and relies upon services, input
and facilities which are not within the control of Official Merchandising and if Official Merchandising is
totally or partially prevented or delayed in the performance of any of
its obligations in providing a particular service, such a situation will
constitute a 'force majeure' and Official Merchandising shall be excused the performance
for so long as such a situation endures.
For the purposes of these Terms and Conditions of Use, the term 'force
majeure' shall be deemed to include any cause affecting the performance
by Official Merchandising of its obligations arising from or attributable to acts, events,
omissions or accidents beyond the reasonable control of Official Merchandising and in particular,
but not by way of limitation, shall include strikes, lock-outs, other
industrial action, actual or threatened terrorist action, civil commotion,
riot, crowd disorder, invasion, war, threat or preparation for war, fire,
technical or power failure, software, hardware or telecommunication or
other network failures, interruptions, disruptions or malfunctions, explosions,
storm, flood, earthquake, subsidence, structural damage, epidemic or
other natural or physical disaster, any legislation, regulation, rule
or ruling of government, court or any competent authority.
Official Merchandising reserves its right to restrict, suspend or terminate your use of
this web site or any of our services at any time if we believe, in our
absolute discretion, that you have breached these terms and conditions.
You agree to indemnify, defend and hold Official Merchandising and the World Pipe Band
Championships and, all of its associate companies, their directors, employees,
information providers, licensors and licensees, officers and partners,
(collectively, "Indemnified
Parties") harmless from and against any and all liability and costs
(including, without limitation, legal fees and costs), incurred by the
Indemnified Parties in connection with any claim arising out of any breach
by you of these Terms and Conditions. You will co-operate as fully as
reasonably required by Official Merchandising and the World Pipe Band Championships in
Official Merchandising's and/or the World Pipe Band Championships defence of any claim.
Official Merchandising and the World Pipe Band Championships reserves the right, at their
own expense, to assume the exclusive defence and control of any matter
and you shall not in any event settle any matter without the written
consent of Official Merchandising and the World Pipe Band Championships.
Alterations
We may amend this web site and our services any time with or without
notice to you.
Complaints and Comments
If you have any complaints or comments about our web site or any of
the products supplied to you, please read the relevant section in the
FAQ.
Miscellaneous
The Terms and Conditions of Use (together with our Privacy Policy) contain
the full and complete understanding between Official Merchandising and you. No advice or
information, whether oral or written, obtained by you through or from
the web site or from any conversations with our staff will operate to
vary these Terms and Conditions of Use. The Terms and Conditions of Use
and all contracts made under them shall enure for the benefit of any
successors and assignees of Official Merchandising.
Email Service
In situations where the Official Merchandising may give you the option to subscribe to
its email service which will update you with news or information which
it considers to be of interest to you, your use of the content received
through the email service will be subject to these Terms and Conditions
of Use.
Limitation of Liability
To the fullest extent permitted by applicable laws, neither Official Merchandising nor
the World Pipe Band Championships, nor any of their respective directors,
employees, affiliates or other representatives will be liable for loss
or damages arising out of or in connection with the use of, or inability
to use, the materials in and/or facilities or services offered through
this website, including, but not limited to, indirect or consequential
loss or damages, loss of data, income, profit or opportunity, loss of
or damage to property and claims of third parties, even if Official Merchandising have been
advised of the possibility of such loss or damages or such loss or damages
were reasonably foreseeable. If this clause is unenforceable in whole
or in part in any jurisdiction due to relevant laws, then in no event
shall either Official Merchandising's or the the World Pipe Band Championships' total liability
to you for all damages, losses, and claims (whether in contract, tort
(including, but not limited to, negligence), or otherwise) exceed the
amount paid by you, if any, for accessing this website.
Disclaimer
This website and its contents are provided without any representations
or warranties of any kind, either express or implied. The Official Merchandising disclaim
all representations and warranties, including by way of example but not
limitation, as to fitness for a particular purpose, to the fullest extent
permitted by applicable laws. In addition, Official Merchandising does not represent or
warrant that the information and/or facilities accessible via this website
are accurate, complete or current, or that this website will be free
of defects, including, but not limited to, viruses or other harmful elements.
The user of this website assumes all costs arising as a result of the
use of this website.
Governing Law
These Terms and Conditions of Use and any contracts made under them
are governed by and shall be governed and construed in accordance with
the laws of Scotland whose courts shall be courts of exclusive competent
jurisdiction. We make no representation that materials on this web site
are appropriate or available for use in other locations, and accessing
them from territories where their contents are illegal is prohibited.
Customers who access this web site from locations outside the United
Kingdom do so at their own risk and on their own initiative and are responsible
for compliance with local laws, to the extent that any local laws are
applicable. Nothing in these Terms shall in any way be deemed to restrict
or affect your statutory rights under Scottish law.
Clerical Errors
Official Merchandising use all reasonable endeavours to ensure that all information on
this web site is accurate. In the unlikely event that an incorrect price
or other information is displayed in relation to any product or service
on this site due to a clerical, typographical, pricing or other inadvertent
error, Official Merchandising shall have the right to refuse to accept any order or cancel
any contract to supply such product whether or not the order has been
confirmed and the credit card has been charged. In the unlikely event
that your credit card has already been charged for the purchase and the
order is cancelled prior to shipment for this reason, Official Merchandising shall issue
a full credit to the value of the goods cancelled to your credit card
within 5 days.
|
