AGB
Standard Terms and Conditions of Trading
The following are the terms and conditions, and End Users License Agreement under which Wray Castle Limited (hereinafter referred to as the "Company") accepts orders for training (including public classroom courses, closed classroom courses, public online courses, closed online courses and online Wray Castle Limited academies) and these shall prevail over any conflicting terms, conditions or stipulations contained in any document originated by the customer.
1. Booking and Fees
1.1 An order acknowledgement/invoice will be sent to all students or customers to confirm course/Wray Castle Limited Academy ("Academy") reservations.
1.2 Fees quoted are exclusive of VAT, which will be charged at the applicable rate.
1.3 Proposals made by the Company in respect of closed courses remain valid for 5(five) days from the proposal date unless otherwise stated. Thereafter, course dates and fees are subject to change. Otherwise proposals are valid for 30 (thirty) days. Thereafter, course dates and fees are subject to change.
1.4 Expenses arising from closed courses will be charged, if necessary, as agreed.
1.5 Fees do not include expenditures that Wray Castle directly incurs in conjunction with the delivery of the Services, which includes Withholding tax or any other local taxation in the Client’s jurisdiction, which shall be borne by the Client.
2. Payment
2.1 All course fees are payable prior to the commencement of the course.
2.2 Fees for public courses are due for payment 15 (fifteen) days before the course date. Fees for closed courses are payable 31 (thirty-one) days before the course commences or as otherwise agreed in writing. Academy fees are payable monthly in advance, prior to the 1st (first) day of the month.
2.3 Overdue fees will be subject to interest chargeable at a rate of 4% (four percent) above the base rate of National Westminster Bank PLC.
2.4 The Company reserves the right to refuse entry onto any course, or into any Academy, for non-payment of fees.
2.5 Payment may be made by cheque payable to Wray Castle Limited, or by bank transfer to National Westminster Bank PLC, Sort code: 60.60.05, Account No: 29769205, BIC: NWBKGB2L, IBAN: GB50 NWBK
6060 0529 7692 05, Address: Leeds City Office, 8 Park Row, Leeds, LS1 1QS, or by Visa, MasterCard credit cards or by Switch, Maestro or Delta debit cards.
3. Cancellation
3.1 Any cancellation should be made by telephone and confirmed in writing.
3.2 Bookings for public courses cancelled up to 15 (fifteen) days prior to the course date will receive a refund of the course fee, less an administration charge of 10% (ten percent) of the course fee. The full fee will be charged for cancellations advised within 15 (fifteen) days of the course date and no refunds will be due.
3.3 Closed course bookings cancelled within 31 (thirty-one) days of the commencement date of the course will be charged the full fee.
3.4 The Company reserves the right to charge at its normal commercial rates for work already done on closed courses cancelled 31 (thirty-one) days or more prior to the commencement of the course.
3.5 Academies shall have a minimum term as agreed in writing. Should an Academy be cancelled by the customer prior to the end of the minimum term, then all monthly fees for the months up to the end of the minimum term shall be immediately payable by the customer. The Company has the right to cancel an Academy at any time. Should an Academy be cancelled by the Company prior to the end of the minimum term, then all unpaid monthly fees for past months up to the date of cancellation shall be immediately payable by the customer but no further monthly fees shall be payable by the customer. After the minimum period Academies may be cancelled by the customer upon 3 (three) months written notice.
4. Substitution and Transfers
4.1 Students on individual live classroom courses may be substituted at any time prior to the commencement of the course. This should be advised in writing. The Company reserves the right to make a charge of £50 (fifty pounds) for the administration costs of making the substitution.
4.2 When a student on an individual live classroom requests a transfer to the same course on a different date from that already booked more than 15 (fifteen) days before the course is due to commence, the Company reserves the right to make a charge of £50 (fifty pounds) to cover its administration costs. Transfers made within 15 (fifteen) days are subject to a charge of 15% (fifteen percent) of the course fee.
4.3 Enterprise Academy seats refer to individual employees. Seats are not intended to be shared between employees. Once an individual is removed from the Academy, their learning record, scores and in Course progress may be deleted.
5. General
5.1 The courses are provided “as is” to the fullest extent permissible pursuant to applicable law. The Company disclaims and excludes all representations, warranties and conditions express or implied, including, but not limited to, implied warranties of satisfactory quality and fitness for a particular purpose, in relation to the courses, their use and the results of such use.
5.2 The Company and/or its licensors own all intellectual property rights in the courses, materials and content. The Company does not grant any intellectual property rights in respect of the courses or any other materials. No person may (in any form, or by any means) copy, record, reproduce, store in a retrieval system, transmit, decompile, reverse engineer, modify, upload to the internet or to any server or database or otherwise deal in any way with the courses or materials. No person may remove any proprietary notices attached to the materials.
5.3 The Company, at its sole and absolute discretion, reserves the right to refuse entry onto a course of any student whose behaviour is likely to disturb the attention or ease of learning of other students.
5.4 The Company reserves the right for reasons beyond its control to change the venue, trainer, timetable or content of any course. Fees will be refunded in full should a course be cancelled by the Company but no other liability will be accepted.
5.5 The Company accepts no liability in respect of the use of third-party facilities by students attending training with the Company.
5.6 The Company limits any liability arising out of or related to a course (or the cancellation of a course) or the materials supplied during a course to an amount equal to the amount paid for the course purchased, or in the case of an Academy an aggregate maximum of one month’s fees over the entire term of the Academy, except for liability for death, personal injury or fraud or fraudulent misrepresentation.
5.7 These terms and conditions shall be governed by and construed and interpreted exclusively in accordance with English law.
5.8 The booking of any course, or Academy, signifies acceptance of these terms and conditions
When accessing this service from a United Kingdom based server, you agree to the following End User License Agreement (EULA):
YOU AGREE TO ONLY USE THE MATERIAL HEREIN FOR YOUR PERSONAL USE.
WRAY CASTLE LIMITED (“WCL“) IS WILLING TO PROVIDE ACCESS TO THE COURSES CURRENTLY MARKETED AS THE WRAY CASTLE ACADEMY AND ONLINE COURSES TO YOU ON THE TERMS OF THIS END USER LICENCE AGREEMENT (THE “EULA”). YOU MUST READ THIS EULA CAREFULLY BEFORE USING THE COURSES. THIS EULA CONSTITUTES A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU AND WCL (EACH A “Party” AND TOGETHER THE “Parties”). BY CLICKING ‘I AGREE’, USING (WHICH INCLUDES VISITING, REGISTERING, ENROLLING OR ACCESSING) THE COURSES OR OTHERWISE INDICATING AGREEMENT ELECTRONICALLY, YOU AGREE TO THIS EULA. IF YOU DO NOT AGREE TO THIS EULA, YOU SHOULD NOT CLICK ‘I AGREE’ AND/OR SHOULD IMMEDIATELY MAKE NO FURTHER USE OF THE COURSES. YOU AGREE TO ONLY USE THE MATERIAL HEREIN FOR YOUR PERSONAL USE.
1. INTERPRETATION
The following definitions apply to this EULA:
“e-learning courses“: WCL’s online learning portal (and any updates to it and new versions which are made available by WCL from time to time), delivering “e-learning courses”, including individual courses, Wray Castle Academy courses and any parts thereof.
“WCL”: Wray Castle Limited.
“Intellectual Property Rights”: all copyright and related rights, patents, rights to inventions, utility models, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection.
“Licence”: the licence granted under clause 3.1.
“Third Party Content”: means any data, information, content including trademarks, logos, software or other Intellectual Property Rights of a third party, including any which is accessed by your use of the e-learning courses.
2. YOUR USE OF THE E-LEARNING COURSES
1. Your access to the e-learning courses shall be limited to you. When you register (“Enrolment date”) you will choose a username and password.
2. You will have access to the e-learning courses commencing on the Enrolment Date, always provided that all fees and charges associated with the e-learning courses have been paid.
3. You shall keep your password confidential. WCL shall not be liable for any losses or damage suffered by you due to the disclosure of any passwords.
4. Your use of the e-learning courses shall not violate any applicable law, regulation or any terms of use applicable to the use of Third-Party Content.
5. The e-learning courses are provided for general information and training purposes only. You must obtain specialist advice before taking, or refraining from taking, any action on the basis of information obtained through the e-learning courses.
6. You are solely responsible for ensuring that you have sufficient and compatible hardware, software and internet connectivity necessary for use of the e-learning courses.
3. LICENCE OF THE E-LEARNING COURSES
1. WCL hereby grants you a licence to use the e-learning courses in accordance with the terms of this EULA (the “Licence”).
2. The Licence is revocable, non-exclusive, non-transferable and non-sub-licensable.
3. The Licence is granted to you only. You shall not share the e-learning courses with any third party.
4. You shall not use the e-learning courses to:
A. provide services to third parties; or
B. build a product or service which competes with the e-learning courses.
1. You shall use all reasonable endeavours to prevent any unauthorised access to, or use of, the e-learning courses and shall notify WCL promptly of any such unauthorised access or use.
2. WCL may modify, suspend or discontinue any part of the e-learning courses or otherwise make any changes it considers desirable to the e-learning courses.
4. PROPRIETARY RIGHTS
1. WCL and/or its licensors own all Intellectual Property Rights in the e-learning courses, materials and content. Other than as expressly set out in this EULA, WCL does not grant you any Intellectual Property Rights in respect of the e-learning courses or any other materials unless expressly provided in this EULA.
2. You may not and no other person may (in any form, or by any means) copy, record, reproduce, store in a retrieval system, transmit, decompile, reverse engineer, modify, upload to the internet (including but not limited to any sharing site) or to any intranet or to any server or database or otherwise deal in any way with the courses or materials. No person may remove any proprietary notices attached to the materials. You may not share any part of the e-learning course material, including but not limited to, uploading material to sharing sites on the internet or intranets.
5. THIRD PARTY CONTENT
1. WCL may host Third Party Content which is accessed by your use of the e-learning courses and is in no way involved with the information contained in any Third-Party Content. WCL does not:
A. initiate the transmission of Third-Party Content;
B. select the receiver of any transmitted Third-Party Content; or
select or modify the information contained in any Third-Party Content (other than technical manipulations which take place in the course of the transmission of the Third-Party Content and which do not alter the integrity of the information contained in the Third-Party Content).
2. Any Intellectual Property Rights in the Third-Party Content shall remain with its owners or licensors.
3. You will indemnify, defend and hold harmless WCL, from and against any claims, costs, damages, losses, liabilities and expenses (including legal fees) relating to any claims, actions, suits or proceedings by third parties against WCL arising out of or related in any way to either Party’s use of Third-Party Content in accordance with this EULA.
6. CONFIDENTIALITY
1. In this clause, “Confidential Information” means any information that is clearly labelled or identified as confidential or ought reasonably be treated as being confidential. Confidential Information includes the e-learning courses and any Third-Party Content (other than anonymised or aggregated derivatives of Third Party Content created pursuant to clause 5.3). Confidential Information excludes any information which:
A. is or becomes publicly known other than through a breach of this EULA or other obligation of confidentiality;
B. was in the receiving Party’s lawful possession before the disclosure;
C. is lawfully disclosed to the receiving Party by a third party without restriction on disclosure;
D. is independently developed by the receiving Party and that independent development can be shown by written evidence; or
E. is required to be disclosed by law, by any court of competent jurisdiction or by any regulatory or administrative body.
2. Each Party shall hold the other’s Confidential Information in confidence and not make the other’s Confidential Information available to any third party unless that third party is subject to an equivalent duty of confidentiality. Neither Party shall use the other’s Confidential Information for any purpose other than the implementation of this EULA.
3. Each party shall take all reasonable steps to ensure that the other’s Confidential Information to which it has access is not disclosed or distributed by its employees, agents or independent contractors in breach of the terms of this EULA.
4. This clause 6 shall survive termination of this EULA for a period of 20 years.
7. LIMITATION OF LIABILITY
1. This clause 7 sets out WCL’s entire financial liability (including any liability for the acts or omissions of its employees, agents and sub-contractors) to you:
A. arising under or in connection with this EULA;
B. in respect of any use made by you of the e-learning courses;
C. any Third Party Content; and
in respect of any representation, misrepresentation (whether innocent or negligent), statement or tortious act or omission (including negligence) arising under or in connection with this EULA.
2. Except as expressly and specifically provided in this EULA you assume sole responsibility for your use of the e-learning courses and for the results of, or conclusions drawn from, such use.
3. The e-learning courses are provided “as is” to the fullest extent permissible pursuant to applicable law. WCL disclaims all warranties and conditions express or implied, including, but not limited to, implied warranties of satisfactory quality and fitness for a particular purpose, in relation to the e-learning courses, its use and the results of such use. WCL specifically disclaims any warranty:
A. that the e-learning courses and its availability shall be uninterrupted, delayed or error-free
B. for any loss of user information stored on WCL’s servers or any third-party server (including grades, certificates or achievements). As such, we advise that you back up or keep additional copies of this information;
C. that defects shall be corrected;
D. that there are no viruses or other harmful components;
E. that the security methods employed shall be sufficient; or
F. regarding correctness, accuracy, or reliability.
4. All warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are excluded from this EULA to the fullest extent permitted by law.
5. Nothing in this EULA excludes the liability of WCL:
A. for death or personal injury caused by WCL’s negligence;
B. for fraud or fraudulent misrepresentation; or
C. any statutory liability not capable of limitation.
6. Subject to clause 7.5, WCL shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation (whether innocent or negligent), restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss costs, damages, charges or expenses however arising under this EULA.
7. Subject to clause 7.5, WCL’s total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation (whether innocent or negligent), restitution or otherwise, arising in connection with the performance or contemplated performance of this EULA shall be limited to £20.
8. DATA PROTECTION
1. In this EULA, the terms “controller”, “processor”, “data subject”, “personal data”, “process”, “processing”, “consent” and “special categories of personal data” (previously referred to as “sensitive personal data”) have the meanings ascribed to them in the General Data Protection Regulation 2016/679 (the “GDPR”).
2. Save for in relation to Clause 5.3 (as applicable), the Parties intend that WCL is a processor and only processes personal data on behalf of the controller. The controller is Julie Cartwright.
3. If personal data is provided by you to WCL, WCL shall only process such personal data on documented instructions from the controller.
4. WCL shall only collect and process personal data in accordance with the legal basis of entering into and performing a contract with you for the purposes of delivering the e-learning courses. For further detail on your rights and how WCL processes personal data, please refer to WCL’s privacy policy found here: https://wraycastle.com/policies/privacy-policy.
5. WCL shall take appropriate and commercially reasonable technical and organisational measures to protect against unauthorised or unlawful processing of any personal data provided by you, or any accidental loss, destruction or damage of such data.
9. TERMINATION
1. This EULA will terminate 2 years after the cancellation of your account on the e-learning courses system. For the avoidance of doubt your obligations under clauses 4. PROPRIETARY RIGHTS and 6. CONFIDENTIALITY continue.
2. WCL will continue to hold your data following completion of the respective course for a further year after the termination of this EULA. After this point, the information stored on your e-learning account (including course information, goals and progress) will be permanently deleted.
3. WCL may terminate this EULA at any time (prior to the 2 years) if we reasonably suspect that you have breached any term of this EULA. You may terminate this EULA on reasonable written notice to WCL.
10. WAIVER
A waiver of any right under this EULA is only effective if it is in writing.
11. SEVERANCE
If any provision (or part of a provision) of this EULA is found to be invalid, unenforceable or illegal, the other provisions (or parts of any provisions) shall remain in force.
12. ENTIRE AGREEMENT
This EULA constitutes the whole agreement between the parties and supersedes any previous agreement between them.
13. ASSIGNMENT
You shall not assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under this EULA, without the prior written consent of WCL.
14. THIRD PARTY RIGHTS
This EULA does not confer any rights on any person or party (other than the parties to this EULA and (where applicable) their successors and permitted assigns) pursuant to the Contracts (Rights of Third Parties) Act 1999.
15. GOVERNING LAW AND JURISDICTION
This EULA shall be governed by, and construed in accordance with, the laws of England and Wales and the parties irrevocably submit to the exclusive jurisdiction of the English Courts.
WEBSITE TERMS OF SERVICE OVERVIEW
This website is operated by Wray Castle Store. Throughout the site, the terms “we”, “us” and “our” refer to Wray Castle Store. Wray Castle Store offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Wray Castle Store, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Wray Castle Store and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United Kingdom.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@wraycastle.com.
