Terms and Conditions
This agreement applies as between you, the User of this Website and Old Barn Day Nursery, the owner(s) 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 Interpretation
In this Agreement the following terms shall have the following meanings:
“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;
“Premises” means the buildings and properties from which we provide nursery services;
“Service” means collectively any online facilities, tools, services or information that Old Barn Day Nursery makes available through the Website either now or in the future;
“User” / “Users” means any third party that accesses the Website and is not employed by Old Barn Day Nursery and acting in the course of their employment;
“Old Barn Day Nursery” means Old Barn Day Nursery whose company registration number is 10439379 and whose registered office is at 1A Elm Avenue, Long Eaton, Nottingham, NG10 4LR; and “Website” means the website that you are currently using (www.oldbarndaynursery.com) and any sub-domains of this site unless expressly excluded by their own terms and conditions.
2. Intellectual Property
2.1 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 Old Barn Day Nursery, 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.
2.2 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 Old Barn Day Nursery.
3. Third Party Intellectual Property
3.1 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.
3.2 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 Old Barn Day Nursery 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 only to the home page of the site www.oldbarndaynursery.com without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of Old Barn Day Nursery. To find out more please contact us by email at firstname.lastname@example.org.
8.1 Old Barn Day Nursery make 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.
8.2 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.
8.3 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.
8.4 Whilst every effort has been made to ensure that all graphical representations of products and/or descriptions of services available from Old Barn Day Nursery correspond to the actual products and/or services, Old Barn Day Nursery is not responsible for any variations from these descriptions.
8.5 Old Barn Day Nursery 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.
8.6 All pricing information on the Website is correct at the time of going online. Old Barn Day Nursery reserves the right to change prices and alter or remove any special offers from time to time and as necessary. All pricing information is reviewed and updated periodically.
8.7 Whilst Old Barn Day Nursery uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.
9. Availability of the Website and Modifications
9.1 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.
9.2 Old Barn Day Nursery 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.
9.3 Old Barn Day Nursery reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, the products and/or services available. These Terms and Conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
10. Limitation of Liability
10.1 To the maximum extent permitted by law, Old Barn Day Nursery 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.
10.2 Nothing in these terms and conditions excludes or restricts Old Barn Day Nursery’s liability for death or personal injury resulting from any negligence or fraud on the part of Old Barn Day Nursery.
10.3 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. Third Party Rights
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Old Barn Day Nursery.
14.1 All notices/communications shall be given to us either by post to our Premises or by email to email@example.com. Such notice will be deemed received 3 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.
14.2 Old Barn Day Nursery will only send you information about those products and/or services which you have specifically requested information relating to. Once your enquiry has been completed, we will remove your contact details from our systems unless you provide explicit consent for us to retain these details.
15. Law and Jurisdiction
These terms and conditions and the relationship between you and Old Barn Day Nursery shall be governed by and construed in accordance with the Law of England and Wales and Old Barn Day Nursery and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
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