Terms and Conditions for the use of Prestige Leisure UK Limited Website

Please read these terms and conditions carefully. They contain important information about your rights and obligations.

1. Introduction

1.1. Please read these terms and conditions carefully before using the website operated by Prestige Leisure UK Limited, having its registered office at Suite G1 Hartsbourne House, Delta Gain, Carpenders Park, Watford, England, WD19 5EF and its principal trading address at 36 Firth Road Houstoun Industrial Estate Livingston West Lothian EH54 5DJ (‘Prestige Leisure’, ‘our’, ‘we’ or ‘us’) (Company Number: 02698261 and VAT number: 579 3558 82).

1.2. In particular, we draw your attention to clauses 7 (Applicability of online materials) and 11 (Liability). By using the Prestige Leisure website (‘our website’), you agree to be legally bound by these terms and conditions, as modified and posted on our website from time to time.

1.3. If you do not wish to be bound by these terms and conditions then you may not use our website.

2. Nature of our website

2.1. Our website is a place for you to select and order our products (the ‘Products’), together with templates and other materials for the creation of bespoke marketing materials for you to market the Products to your customers (the "Marketing Materials”). Our website describes the Products and the Marketing Materials in more detail.

2.2. Please note that our website is intended for business users in the United Kingdom and Republic of Ireland only. You may not use our website unless you are acting in the course of a business and have legal capacity and authority to contract with us.

3. Buying Products from us

3.1. To order a product through our website you will need to follow the ordering procedures set out on our order page. If you purchase goods or services from our site, our terms and conditions of supply will apply to the sale. These terms and conditions are available on our website.

4. Modifications to website

4.1. We reserve the right to make changes or corrections, alter, suspend or discontinue any aspect of our website or the content Products or services available through it, including your access to it. Unless explicitly stated to the contrary, any new features including new content and/or the sale of new Products and/or the release of new software tools or resources shall be subject to these terms and conditions.

4.2. Please note that, although we try to ensure that the content of our website is accurate, it may contain typographical errors or other inaccuracies.

5. Privacy Policy: Use of Your Personal Information/Security

5.1. We will only use your personal information as set out in our Privacy Policy (which is available on our website).

6. Security of login details

6.1. You are solely responsible in all respects for all use of and for protecting the confidentiality of any username, email verification and password that may be given to you or selected by you for use on our website. You may not share these with or transfer them to any third parties. You must notify Prestige Leisure immediately of any unauthorised use of them or any other breach of security regarding our website that comes to your attention.

6.2. Prestige Leisure has the right to disable any username or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use or for a commercial reason in the course of our dealings with you.

7. Applicability of online materials

7.1. Where content published on the website is supplied by third parties, you understand that we do not control or endorse such content in any way. All content which is offered by third parties that are not affiliated with or otherwise connected with us, is published in good faith but we do not (to the extent permitted by applicable law) accept responsibility for (i) the accuracy or otherwise of such content (whether published on or offline) and/or (ii) the use of such content, except for content which relates directly to Products you purchase.

7.2. We have used our best endeavours to ensure that our website complies with UK laws. However, we make no representations that the materials on our website are appropriate or available for use in locations outside the UK. Those who visit our website from other locations do so on their own initiative and are responsible for compliance with all applicable laws. If use of our website and/or viewing of it, or use of any material or content on our website or services, or products offered through our website are contrary to or infringe any applicable law in your jurisdiction(s), you are not authorised to view or use our website and you must exit immediately.

8. Copyright and monitoring

8.1. Our website, the contents of our website and all databases, systems, trademarks, designs (whether registered or unregistered) and all other information contained therein are protected by international copyright laws and other intellectual property rights (including without limitation patents; copyrights; database rights; trade marks and design rights (whether registered or unregistered)) in the Prestige Leisure website and/or any related supplier databases, software or website (the "Intellectual Property Rights”). All rights are reserved in respect of the Intellectual Property Rights. The owner of the Intellectual Property Rights is Prestige Leisure its affiliates, suppliers or other third party licensors. All product and company names and logos mentioned in our website are the trade marks, service marks or trading names of their respective owners, including us. You may download material from our website for the sole purpose of placing an order with Prestige Leisure or using our website as a shopping or marketing resource. However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from our website including but not limited to text, graphics, video, messages, code and/or software without our prior written consent, except where expressly authorised to do so, for example in order to complete any test or questionnaire or where Products or Marketing Materials have been ordered from Prestige Leisure. Where Prestige Leisure authorises you to use any of its images, trademarks or designs or the images, trademarks or designs of any of its suppliers, all such authorisations shall be for the period expressly authorised by Prestige Leisure which in all cases shall be subject to a maximum period of 1 year.

9. Linked sites

9.1. Prestige Leisure make no representations whatsoever about any other websites which you may access through our website or which may link to our website. When you access any other website you understand that it is independent from Prestige Leisure and that we have no control over the content or availability of that website. In addition, a link to any other website does not mean that Prestige Leisure endorses or accepts any responsibility for the content, or the use of, such a website or any products (including for the avoidance of doubt but without limitation any software ("Third Party Products”) ordered from such a website and Prestige Leisure shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource. Any concerns regarding any external link should be directed to its website administrator or web master.

10. Availability of our website

10.1. We will try to make our website available but cannot guarantee that our website will operate continuously or without interruptions or be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of our website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other Internet connected device.

11. Liability

11.1. We exclude all express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to our website or any information or service provided through our website. We will do our best to ensure that all materials and information published on our website are accurate, but please note that all content, materials and information on our website are provided on an ‘as is’ basis and you assume total responsibility and risk for your use of our website and use of all information contained within it.

11.2. We accept no liability for any indirect or consequential loss or damage, or for any direct or indirect loss of data, profit, revenue or business in each case, however caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of our website or its contents other than as a direct result of purchasing Products (which shall be subject to the exclusions and limitation of liability set out in the terms and conditions of purchase), we accept no liability for this loss or damage (except where we have been negligent) whether due to inaccuracy, error, omission or any other cause and whether on the part of Prestige Leisure or our servants, agents or any other person or entity.

11.3. If we are liable to you for any reason, our liability will be limited to the amount paid by you for the Product or Marketing Materials concerned. This limit does not apply to any liability we may
have for death or personal injury resulting from our negligence or for our fraudulent misrepresentation.

11.4. You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our website and is compatible with our website. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from our website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

11.5. The limitations and exclusions in this clause do not affect your non-excludable statutory rights and only apply to the extent permitted by applicable law.

12. General

12.1. We may alter these terms and conditions from time to time and post the new version on our website, following which all use of our website will be governed by that version. You must check the terms and conditions on the website regularly.

12.2. If any provision or term of this website policy shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.

12.3. Failure or delay by either party in enforcing an obligation or exercising a right under this policy does not constitute a waiver of that obligation or right.

12.4. This policy does not confer any rights on any person or party (other than you and/or us) pursuant to the Contracts (Rights of Third Parties) Act 1999.

13. Governing law and jurisdiction

13.1. Any disputes or claims arising out of or in connection with this policy or its subject matter (including non-contractual disputes or claims) are governed by and construed in accordance with the law of England.

13.2. The parties irrevocably agree that the courts of England have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this policy or its subject matter (including non-contractual disputes or claims).

Download a PDF versions of our Terms and Conditions of Website Use here:Terms and Conditions for the use of Prestige Leisure UK Limited Website - 05 October 2023(12126017.2).pdf