Terms & Conditions


IMPORTANT NOTICE: YOU MUST CAREFULLY READ AND THEN AGREE TO THE TERMS AND CONDITIONS SET OUT BELOW BEFORE ACCESSING AND USING THE SITE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE WEBSITE.

Welcome to the happykindalife website (the "Website"). The Website is owned and made available by Sher Brothers (Glasgow) Limited, a company incorporated in Scotland with Registration Number SC053476 and having its registered office at 39 Stromness Street, Glasgow, G5 8HS (referred to in these Terms and Conditions as "we" and "us"). The Terms and Conditions form part of an agreement between you, the end-user, and ourselves and sets out the conditions under which you may access the information, products, services and advertisements (the "Material") available through the Website.

If these Terms and Conditions are not accepted in full, you do not have permission to access the contents of this Website and therefore your access to the Website should cease immediately. Use of this Website constitutes your acceptance of these terms and conditions, which take effect immediately on your first use of the Website.

Terms and Conditions

There may be other Terms and Conditions within areas of the Website that relate to your use of such areas, such Terms and Conditions will, together with these Terms and Conditions, govern your use of the Website.

We reserve the right to change these Terms and Conditions and any other Terms and Conditions contained elsewhere on the Website at any time. It shall be your responsibility to check the Terms and Conditions regularly to ensure that you agree to any such amendments. If you do not agree to any changes that we have made, you should stop accessing the Website immediately.

No Warranty

This Website and all information contained herein (including, without limitation, names, images, pictures, logos and icons regarding or relating to us or any of our group companies) is provided on an "as is" and "as available" basis without any representation, endorsement or warranty of any kind, express or implied (by law or otherwise). Any person using the information in this Website uses such information at his own risk. In no event shall we, or any of our group companies, be liable for any loss or damage, howsoever arising, out of or in connection with the use of the Website, including, without limitation, direct or indirect loss, consequential loss or damage, loss of profit, loss arising from use or loss of use, loss arising from any errors or omissions in the information contained in or referred to in this Website and whether for breach of contract, in negligence, delict or tort.

We do not warrant that the functions contained in the Material on this Website will be uninterrupted or error free, that any effects which may occur will be corrected, or that this Website or the server that makes it available are free from bugs, defects or viruses or represents the full functionality, accuracy and reliability of the Material.

Liability

Except for death or personal injury arising from our negligence, we shall not be liable for any direct, indirect or consequential loss or damage (including without prejudice to the foregoing generality, any lost business opportunities, loss of profit or goodwill) arising from or in any way connected with the Website, or your inability to use the Website.

Downloadable Material

All our downloadable material is carefully checked for viruses before being uploaded onto the Website, however we recommend that, as an extra precaution you run your own virus check on each document you download before saving it to your disk or hard drive.

If you download any photographs, screensavers, wallpapers or other software from the Website, the software, including any files and images incorporated in or generated by the software, and data accompanying the software (collectively the "Software") are licensed by us to you. We do not transfer title to the Software to you. We retain full and complete title to and all intellectual property rights in the Software.

Downloading of material is permitted by us provided only that: (i) the material is not downloaded on to any server or other device connected to a network; (ii) you make no more than one printed copy of such downloaded material and no further copies of such printed copies are made; (iii) you make only personal, non commercial use of such downloaded material and/or printed copy; and (iv) you retain on such downloaded material and/or printed copy or any part thereof, all copyright and other proprietary notices and shall remain bound by the terms of such wording and notices. Additionally you may not offer for sale or sell or distribute over any medium (including but not limited to distribution on a computer network) any part of the Website.

The content of the Website may not be used to construct a database of any kind, nor may the Website be stored (in its entirety or in any part) in databases for access by you or any third party or to distribute any database websites containing all or part of the Website, unless you or such third party have obtained our prior written consent.

Use of the Website

You undertake and warrant to us

a. not to use the Material for any unlawful purpose;

b. that you shall not make any use of the Website so that the Website is interrupted, damaged, rendered less efficient, or the functionality of the Website is in any way impaired;

c. not to copy, reproduce, recompile, de-compile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to create derivative works from, transmit or in any other way exploit any part of the Website;

d. not to use the Website for the transmission or posting of any computer viruses or any material which is defamatory, offensive or of an obscene or menacing character, or in such a way as to cause annoyance, inconvenience or needless anxiety;

e. not to use the Website in a manner which constitutes a violation or infringement of any person, firm or company (including but not limited to rights of copyright or confidentiality);

f. that you shall not use the Website to transmit any material for the purposes of publicity, promotion and/or advertising without our prior written consent; and

g. that in the event that you may have any right, claim or action against any other user arising out of the use of the Website you shall pursue such right, claim or action independently of, and without recourse to, us.

h. that you will indemnify and defend us against all claims, liability, damages, costs and expenses, including legal fees, arising out of a breach of these Terms and Conditions or any use of the Material or the Website.

We shall have the right to immediately suspend your access to the Website if you commit a breach of these Terms and Conditions.

Links to other Websites

Links are only permitted to the Home Page of this Website. You must not make this Website or any part of it available as part of another website, whether by hyperlink framing on the Internet or otherwise. You must not make this Website or any part of it appear on any other website as having a special relationship with that or any other website.

The Website contains links to websites operated by parties other than us (the "Links"). We do not control such websites, and are not responsible for their content. The inclusion of the Links does not imply any endorsement of the material on such websites or any association with their operators. You are solely responsible for evaluating the value and integrity of any third party website operators, the accuracy and completeness of any information contained on the third party websites, and also any goods offered by such websites.

Content

We accept no liability with respect to any of the products, information, material or services offered or provided by other organisations listed on, or inked to, the Website, nor do we endorse any of those organisations or any of their products or services. Should you decide to contract with any of these rganisations, the contract will be directly between you and the relevant organisation. We will have no contractual involvement, and will not be liable in contract or otherwise for any products, information, materials or services provided to you by any of these organisations.

If any of these terms and conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of law then, to the extent and within the jurisdiction which that term or condition is found to be illegal, invalid or unenforceable, it shall be severed and deleted and the remaining terms and conditions shall survive, remain in full force and effect, and shall continue to be binding and enforceable.

Privacy

If we gather any information about you then such information will be gathered and used by us in accordance with our Privacy Policy. You may review our Privacy Policy.

Waiver

No waiver by us of any breach by you of any obligation arising under these Terms and Conditions shall constitute a waiver of any other breach and no failure to exercise or partial exercise by us of any remedy shall constitute a waiver of the right subsequently to exercise that or any other remedy in part or in full.

Law and Jurisdiction

These terms and conditions shall be governed by and construed in accordance with Scots law. All disputes arising from them shall be submitted to the exclusive jurisdiction of the Scottish courts.

If you have any queries about these Terms and Conditions, you may contact us at sales@happykindalife.com.