Crosby
Trade & Supplies Limited - Terms and Conditions
In
using this website you are deemed to have read and agreed to the
following terms and conditions:
The
following terminology applies to these Terms and Conditions,
Privacy Statement and Disclaimer Notice and any or all
Agreements: "Client", “You” and “Your” refers
to you, the person accessing this website and accepting the Company’s
terms and conditions. "The Company", “Ourselves”, “We”
and "Us", refers to our Company. “Party”, “Parties”,
or “Us”, refers to both the Client and ourselves, or either the
Client or ourselves. All terms refer to the offer, acceptance and
consideration of payment necessary to undertake the process of our
assistance to the Client in the most appropriate manner, whether
by formal meetings of a fixed duration, or any other means, for the
express purpose of meeting the Client’s needs in respect of
provision of the Company’s stated services/products, in accordance
with and subject to, prevailing Manx Law. Any use of the above
terminology or other words in the singular, plural, capitalisation
and/or he/she or they, are taken as interchangeable and
therefore as referring to same.
Privacy
Statement
We
are committed to protecting your privacy. Authorised employees within
the company on a need to know basis only use any information
collected from individual customers. We constantly review our systems
and data to ensure the best possible service to our customers.
Parliament has created specific offenses for unauthorised actions
against computer systems and data. We will investigate any such
actions with a view to prosecuting and/or taking civil proceedings to
recover damages against those responsible
Confidentiality
Client
records are regarded as confidential and therefore will not be
divulged to any third party, other than if we have to employ
assistance to complete your delivery or if legally required to do so
to the appropriate authorities. Clients have the right to request
sight of, and copies of any and all Client Records we keep, on the
proviso that we are given reasonable notice of such a request.
Clients are requested to retain copies of any literature issued in
relation to the provision of our services. Where appropriate, we
shall issue Client’s with appropriate written information, handouts
or copies of records as part of an agreed contract, for the benefit
of both parties.
We
will not sell, share, or rent your personal information to any third
party or use your e-mail address for unsolicited mail. Any emails
sent by this Company will only be in connection with the provision of
agreed services and products.
Disclaimer Exclusions
and Limitations
The
information on this web site is provided on an "as is"
basis. To the fullest extent permitted by law, this Company:
- excludes
all representations and warranties relating to this website and its
contents or which is or may be provided by any affiliates or any
other third party, including in relation to any inaccuracies or
omissions in this website and/or the Company’s literature; and
- excludes
all liability for damages arising out of or in connection with your
use of this website. This includes, without limitation, direct loss,
loss of business or profits (whether or not the loss of such profits
was foreseeable, arose in the normal course of things or you have
advised this Company of the possibility of such potential loss),
damage caused to your computer, computer software, systems and
programs and the data thereon or any other direct or indirect,
consequential and incidental damages.
This
Company does not however exclude liability for death or personal
injury caused by its negligence. The above exclusions and limitations
apply only to the extent permitted by law. None of your statutory
rights as a consumer are affected.
Payment
Cash,
or Personal Cheque with Bankers Card, all major Credit/Debit Cards,
Bankers Draft or BACS Transfer are all acceptable methods of payment, unless otherwise stated.
Our Terms are payment in full at the time of booking or cash on delivery for the Manx My Cart
service, and payment of remaining goods/services supplied by Crosby
Trade & Supplies Limited will be paid for as terms stated on the
invoice if a credit account has been granted for that customer. All
goods will remain the property of the Company until the fee is paid
for in full. Monies that remains outstanding by the due date will
incur late payment interest at the rate of 2% above the prevailing
Bank of England's base rate on the outstanding balance until such
time as the balance is paid in full and final settlement. We reserve
the right to seek recovery of any monies remaining unpaid sixty days
from the date of invoice through the High Court of Justice of the
Isle of Man Common Law Division in the event that the outstanding
balance does not exceed £3000. In such circumstances, you shall be
liable for any and all additional administrative and/or court costs. Returned
cheques will incur a £25 charge to cover banking fees and
administrative costs. In an instance of a second Returned cheque, we
reserve the right to terminate the arrangement and, if agreed to, we
shall insist on future cash transactions only. Consequently, all
bookings and/or transactions and agreements entered into will cease
with immediate effect until such time as any and all outstanding
monies are recovered in full.
Cancellation
Policy
Minimum
24 hours notice of cancellation required. Notification for instance,
in person, via email, mobile phone ‘text message’ and/or fax, or
any other means will be accepted subject to confirmation in writing.
We reserve the right to levy a £30 charge to cover any subsequent
administrative expenses.
Termination
of Agreements and Refunds Policy
Both
the Client and ourselves have the right to terminate any Services
Agreement for any reason, including the ending of services that are
already underway. No refunds shall be offered, where a Service is
deemed to have begun and is, for all intents and purposes, underway.
Any monies that have been paid to us which constitute payment in
respect of the provision of unused Services, shall be refunded.
Availability
Unless
otherwise stated, the services featured on this website are only
available within the Isle of Man, or in relation to postings from
the Isle of Man. All advertising is intended solely for the Manx market. You are solely responsible for evaluating the fitness
for a particular purpose of any downloads, programs and text
available through this site. Redistribution or republication of any
part of this site or its content is prohibited, including such by
framing or other similar or any other means, without the express
written consent of the Company. The Company does not warrant that the
service from this site will be uninterrupted, timely or error free,
although it is provided to the best ability. By using this service
you thereby indemnify this Company, its employees, agents and
affiliates against any loss or damage, in whatever manner, howsoever
caused.
Log
Files
We
use IP addresses to analyse trends, administer the site, track user’s
movement, and gather broad demographic information for aggregate use.
IP addresses are not linked to personally identifiable information.
Additionally, for systems administration, detecting usage patterns
and troubleshooting purposes, our web servers automatically log
standard access information including browser type, access times/open
mail, URL requested, and referral URL. This information is not shared
with third parties and is used only within this Company on a
need-to-know basis. Any individually identifiable information related
to this data will never be used in any way different to that stated
above without your explicit permission.
Links
to this website
You
may not create a link to any page of this website without our prior
written consent. If you do create a link to a page of this website
you do so at your own risk and the exclusions and limitations set out
above will apply to your use of this website by linking to it.
Links
from this website
We
do not monitor or review the content of other party’s websites
which are linked to from this website. Opinions expressed or material
appearing on such websites are not necessarily shared or endorsed by
us and should not be regarded as the publisher of such opinions or
material. Please be aware that we are not responsible for the privacy
practices, or content, of these sites. We encourage our users to be
aware when they leave our site & to read the privacy statements
of these sites. You should evaluate the security and trustworthiness
of any other site connected to this site or accessed through this
site yourself, before disclosing any personal information to them.
This Company will not accept any responsibility for any loss or
damage in whatever manner, howsoever caused, resulting from your
disclosure to third parties of personal information.
Copyright
Notice
Copyright
and other relevant intellectual property rights exists on all text
relating to the Company’s services and the full content of this
website.
Communication
We
have several different e-mail addresses for different queries. These,
& other contact information, can be found on our Contact
Us
link on our website or via Company literature or via the Company’s
stated telephone, facsimile or mobile telephone numbers.This
company is registered in the Isle of Man No. 124070C, registered
office Thornhill, Main Road, Santon, Isle of Man, IM4 1JB
Force
Majeure
Neither
party shall be liable to the other for any failure to perform any
obligation under any Agreement which is due to an event beyond the
control of such party including but not limited to any Act of God,
terrorism, war, Political insurgence, insurrection, riot, civil
unrest, act of civil or military authority, uprising, earthquake,
flood or any other natural or man made eventuality outside of our
control, which causes the termination of an agreement or contract
entered into, nor which could have been reasonably foreseen. Any
Party affected by such event shall forthwith inform the other Party
of the same and shall use all reasonable endeavours to comply with
the terms and conditions of any Agreement contained herein.
Waiver
Failure
of either Party to insist upon strict performance of any provision of
this or any Agreement or the failure of either Party to exercise any
right or remedy to which it, he or they are entitled hereunder shall
not constitute a waiver thereof and shall not cause a diminution of
the obligations under this or any Agreement. No waiver of any of the
provisions of this or any Agreement shall be effective unless it is
expressly stated to be such and signed by both Parties.
General
The
laws of the Isle of Man govern these terms and conditions. By
accessing this website and using our services or buying our products you
consent to these terms and conditions and to the exclusive
jurisdiction of the Manx courts in all disputes arising out of such
access. If any of these terms are deemed invalid or unenforceable for
any reason (including, but not limited to the exclusions and
limitations set out above), then the invalid or unenforceable
provision will be severed from these terms and the remaining terms
will continue to apply. Failure of the Company to enforce any of the
provisions set out in these Terms and Conditions and any Agreement,
or failure to exercise any option to terminate, shall not be
construed as waiver of such provisions and shall not affect the
validity of these Terms and Conditions or of any Agreement or any
part thereof, or the right thereafter to enforce each and every
provision. These Terms and Conditions shall not be amended, modified,
varied or supplemented except in writing and signed by duly
authorised representatives of the Company.
Notification
of Changes
The
Company reserves the right to change these conditions from time to
time as it sees fit and your continued use of the site will signify
your acceptance of any adjustment to these terms. If there are any
changes to our privacy policy, we will announce that these changes
have been made on our home page and on other key pages on our site.
If there are any changes in how we use our site customers’
Personally Identifiable Information, notification by e-mail or postal
mail will be made to those affected by this change. Any changes to
our privacy policy will be posted on our web site 30 days prior to
these changes taking place. You are therefore advised to re-read this
statement on a regular basis
These
terms and conditions form part of the Agreement between the Client
and ourselves. Your accessing of this website and/or undertaking of a
booking or Agreement indicates your understanding, agreement to and
acceptance, of the Disclaimer Notice and the full Terms and
Conditions contained herein. Your statutory Consumer Rights are
unaffected.
©
Crosby Trade & Supplies Limited 2010 All Rights Reserved
