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www.puddleducks.com Terms of Use

LEGAL NOTICE

The terms and conditions set out below (the “Terms of Use”) apply to the entire contents of this website under the domain name “puddleducks.com” (the “Website”) and to any email correspondence between us and you (“you”, the “user”). Please read these Terms of Use carefully before you start to use the Website. By using our Website you are confirming that you accept the Terms of Use and agree to abide by them. If you do not accept the Terms of Use, please leave the Website immediately.

1. ABOUT US

The Website is operated by Puddle Ducks Franchising Limited. Our head office address is: The Grain Store, Hollins Farm, Off Twemlow Lane, Holmes Chapel, Cheshire CW4 8GE. Our company registration number is 5879603.

Our VAT registration number is 895926259. Our contact details are as follows:

Address:        

Puddle Ducks

The Grain Store, Hollins Farm

Off Twemlow Lane

Holmes Chapel

Cheshire

CW4 8GE

 

General email: info@puddleducks.com

Telephone number: 01477 410085

 

For all online shop queries:

Email: enquiries@puddleducks.com

Telephone number: 01477 410085

 

2. ACCESS AND INFORMATION ABOUT YOU

2.1 Access to this Website is provided on a temporary basis and we reserve the right to withdraw or amend the whole or any part of the Website at any time without notice and without incurring any liability. From time to time we may restrict access to some parts or all of the Website to all users.

2.2 You are responsible for making all arrangements necessary for you to have access to our Website.

2.3 Any use of this Website or any materials provided on it other than in accordance with these Terms of Use is prohibited. If you breach these Terms of Use, your permission to use the Website terminates automatically and you must immediately destroy any downloaded or printed extracts from the Website.

2.4 Please see our Privacy Policy for details about what information we collect and how we will use and protect it. By using the Website you consent to such information processing and warrant that all data provided by you is accurate.

 

3. REGISTRATION

3.1 You will be able to access most areas of this Website without registering your details with us. You may however be offered the opportunity to subscribe and/or register to receive additional restricted access to the Website or information. We are not under any obligation to accept a request for registration or subscription and reserve the right to suspend or cancel your registration or terminate access at any time for any reason e.g. if your continued use is believed to prejudice us or other users, or if you breach these Terms of Use.

3.2 To register on the Website you must be over eighteen years of age.

3.3 Each registration is for a single user only. We do not permit you to share your user name and password with any other person or with multiple users on a network. Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.

3.4 If you subscribe to any email services (such as newsletters) your use of the content received through the email service will be subject to these Terms of Use.

 

4. TRANSACTIONS WITH US

4.1 Unless otherwise stated, orders of goods placed through the Website are subject to the Online Shop Terms and Conditions and you should read them carefully.

4.2 Classes are provided subject to the Classes Terms and Conditions which should also be read carefully.

 

5. OWNERSHIP OF MATERIALS AND LICENCE TERMS

5.1 We are the owner or licensee of all intellectual property rights in the Website and in the material published on it. Those works are protected by laws and treaties around the world. All such rights are reserved.

5.2 Subject to 5.3, you are permitted to download and print materials from this Website for your personal use on the following basis:

(a) no material is modified in any way;

(b) no graphics are used separately from any accompanying text;

(c) our copyright, trade mark or other proprietary notices are not removed and appear in all copies;

(d) materials or the Website itself are not used for commercial purposes without our prior written consent;

(e) you do not do anything which may interfere with or disrupt the Website or our services.

5.3 No photographs in the Website may be reproduced for any purpose without our prior permission which must be obtained in writing.

5.4 Subject to clause 5.2, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written consent.

 

6. VISITOR MATERIAL AND CONDUCT

6.1 Other than information covered by the Privacy Policy, any material you send, contribute or post to this Website will be considered non-confidential and non-proprietary. We shall have no obligations with respect to such material. We shall be entitled to copy, adapt, disclose, distribute, publish, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial and non-commercial purposes. You warrant that you have obtained all necessary licences and/approvals in order to allow us such use.

6.2 You are prohibited from sending, contributing or posting to or from or via this Website any material:

(a) which is unlawful, harmful, threatening, defamatory, libellous, obscene, indecent, offensive, pornographic, abusive, harassing or racially or ethnically offensive, in breach of confidence or in breach of privacy;

(b) which discriminates based on race, gender, colour, religious belief, sexual orientation or disability;

(c) for which you have not obtained all necessary licences and/or approvals;

(d) which infringes the intellectual property rights or other rights of any third party;

(e) which constitutes or promotes illegal activity or gives rise to civil liability; or

(f) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

6.3 You must not misuse the Website or attempt to gain unauthorised access to it, the server on which the Website is stored or any server, computer or database connected to our Website.

6.4 You access the Website and download material from it at your own risk and we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, programs, data or otherwise.

 

7. LINKS TO AND FROM OTHER WEBSITES

7.1 Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk. Links to third party websites are provided solely for your convenience. If you use these links, you acknowledge that you are leaving this Website.

7.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:

(a) you do so in a way that is fair and legal and does not damage our reputation or take advantage of it;

(b) you do not remove, distort or otherwise alter the size or appearance of any Puddle Ducks brand, trade mark or logo;

(c) you do not create a frame or any other browser or border environment around this Website;

(d) you do not in any way imply or suggest any form of association, approval or endorsement on our part where none exists;

(e) you do not misrepresent your relationship with us or present any other false information about us; and

(f) you do not otherwise use any Puddle Ducks brand, trade mark or logo without our prior written consent.

7.3 We expressly reserve the right to withdraw linking permission without notice.

 

8. ACCURACY OF INFORMATION

8.1 We take care to ensure that the information on the Website is accurate and up to date. However, it may occasionally be inaccurate or out of date. We have no liability for any inaccurate information and reserve the right to correct it at any time.

8.2 The Website and all material available on it is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Website is provided to you on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for these Terms of Use, might have effect in relation to the Website.

 

9. LIABILITY

9.1 We, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with:

the Website;

the use, inability to use or the results of use of the Website; and

any websites linked to the Website or the material on such websites,

including but not limited to loss or damage due to viruses that may infect your computer equipment, software or data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website.

Nothing in these Terms of Use shall exclude or limit our liability for:

death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); or

fraud; or

misrepresentation as to a fundamental matter; or

any liability which cannot be excluded or limited under applicable law.

 

10. APPLICABLE LAW AND JURISDICTION

10.1 The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to the Website or any aspect relating to use of your data under the Privacy Policy although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

10.2 These Terms of Use and the Privacy Policy and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law.

 

11. VARIATION

11.1 We reserve the right to change these Terms of Use at any time. The new version will be posted on the Website and will take effect immediately upon posting. If you use the Website after the new Terms of Use have come into effect any further use of the Website indicates your agreement to be bound by the new Terms of Use. Some of the provisions contained in these Terms of Use may also be superseded by provisions or notices published elsewhere on the Website.