Terms and Conditions
1. General
1.1 This Website is provided by MAK Hair Design (the “Company”) of 84 Northgate,
Wakefield, West Yorkshire, WF1 3AY United Kingdom.
1.2 Your use of MAK Hair Design (the “URL”) or amendment to the URL from time to
time (the Website) is subject to the following terms and conditions, which you are
deemed to accept by using the Website. If you do not agree to these terms and conditions,
you must not use the Website.
2. Disclaimer regarding content
2.1 Whilst every effort is made to ensure the quality of the information on the
Website; the Company cannot and does not guarantee or warrant that any of the information
that you may receive through the Website is accurate, up to date or complete.
2.2 From the Website you may be able to obtain access to websites operated by third
parties. Access to such third-party websites is entirely at your own risk. The Company
do not accept any responsibility for any damage or loss you may suffer arising out
of access to those websites.
2.3 Any links to such third-party websites are for your convenience and the inclusion
of the link in our Website does not imply any endorsement, guarantee, warranty or
representation by the Company of the quality or accuracy of the information, products
or services provided to you on those third-party websites.
2.4 The Company takes all reasonable care to ensure that information, documents
and files posted on the Website are free from viruses. However, the Company cannot
guarantee that documents or files downloaded from the Website will be free from
viruses and we do not accept any responsibility for any damage or loss caused by
any virus. Accordingly, for your own protection, you must use virus-checking software
when using the Website. You must not post or provide to us via the Website, any
document or file which you believe may contain a virus. You must virus check any
document or file which you intend to post or provide to us via the Website.
3. Rights
3.1 The software that runs the Website is owned by the Company save to the extent
expressly permitted by law, you must not copy, modify, download, distribute or de-compile
that software without our consent.
3.2 By accessing the Website, you agree that you will access its contents solely
for your own private non-commercial use. Where you download, store or print off
any of the contents of the Website, you must ensure that the Company’s copyright
notice appears thereon.
3.3 The copyright and all other intellectual property rights in all of the content
and material of whatever form contained in the Website (including, but not limited
to, the organisation, layout, information, photographs and graphical images) is
owned by the Company and may not be reproduced or used without the Company’s express
prior written permission.
3.4 The Company reserve the right to update, modify, or close (temporarily or permanently)
the Website at any time and do not accept liability for your use or inability to
use the Website.
3.5 The Company reserve the right to vary or amend these terms and conditions from
time to time. Any changes will take effect upon posting to the Website. You should
ensure that these Terms and Conditions of use are reviewed on a regular basis.
4. Your Warranties
4.1 You warrant that:
4.1 (a) you will only use the Website in accordance with these terms and conditions
and only for lawful purposes and in a lawful manner; and
4.1 (b) all information and any document or file that you provide to us via the
Website does not contravene any applicable laws or contravene any person's legal
rights, is not offensive or defamatory, is true, accurate, current and complete
in all respects and that you will notify us immediately of any changes to that information,
document or file.
5. Online Privacy
5.1 The Company respects your privacy. Please read our
Privacy Policy for more information.
6. Limitation of liability
6.1 The Company shall not be liable to you for:
6.1 (a) communication sent by email which is either received late or not received
at all.
6.1 (b) any loss arising out of the inaccuracy or incompleteness of information
contained on the Website.
6.2 The Website and/or any services are provided to you on an "as is" and "as available"
basis without any warranty being given in relation to the Website or Services including
(but not limited to) implied warranties of non-infringement, compatibility, security,
accuracy, fitness for purpose, that any information is up to date or correct, or
any implied warranty arising from course of dealing or usage or trade.
6.3 Whilst the Company endeavour to maintain the availability of the Website, we
make no warranty that the Website will meet your requirements or will be uninterrupted,
timely, or error-free, that defects will be corrected or that the site or the server(s)
that makes it available are free of viruses or bugs.
6.4 The Company will not be responsible or liable to you for any loss of material
uploaded or transmitted through the Website.
6.5 We shall not be liable for any special, indirect or consequential damages or
loss of business or profits however caused.
6.6 The Company’s liability to you under these terms and conditions in relation
to the Services, whether arising from negligence, breach of contract or otherwise,
shall not exceed the amount paid by you for the Service.
6.7 Nothing in these terms and conditions shall exclude or limit liability for death
or personal injury resulting from our negligence or that of our agents or employees.
7. Entire agreement clause
7.1 These terms and conditions contain the whole agreement between the parties relating
to the subject matter of these terms and conditions and supersedes all previous
agreements between the parties relating to that subject matter.
7.2 Each party acknowledges that in agreeing to enter into this agreement it has
not relied on any representation, warranty or other assurance except those set out
in these terms and conditions.
7.3 Each party waives all rights and remedies which, but for this clause 7, might
otherwise be available to it in respect of any such representation, warranty or
other assurance.
8. Force Majeure
8.1 Neither party shall be liable to the other for any delay or non-performance
of its obligations under this agreement arising from any cause or causes beyond
its reasonable control.
9. General
9.1 The terms and conditions contained in this legal notice shall be governed by
English law. Any dispute arising between you and us in relation to the Website and/or
Services shall be governed by English law and you submit to the exclusive jurisdiction
of the English Courts for the purposes of any such dispute.
9.2 You agree to indemnify, defend and hold us, and our officers, directors, employees,
agents and suppliers harmless immediately on demand, from and against all liability,
damages, losses, costs and expenses, including legal fees, arising out of any breach
of these terms and conditions by you or other liabilities arising out of your use
of the Website and/or Services.
9.3 If any term of this agreement is or becomes illegal, invalid or unenforceable
in any jurisdiction, that shall not affect the validity of the remaining terms.
9.4 A person who is not a party to these terms and conditions may not enforce any
of its terms under the Contracts (Rights of Third Parties) Act 1999.
9.5 The rights of each party under these terms and conditions are cumulative, not
exclusive of rights or remedies provided by law; and may be waived only in writing
and
9.6 Delay in exercising or non-exercise of any such right is not a waiver of that
right.
9.7 Nothing in these terms and conditions shall be deemed to constitute a partnership
between us and you, nor constitute either party the agent of the other party for
any purpose.