WEBSITE USER TERMS & CONDITIONS

1 Acceptance of this Agreement

1.1 By accessing this Website and continuing to access it, you agree to be bound by the Conditions as set out in this Agreement.

1.2 Only once you have accepted these Conditions are you permitted to receive any of the Goods or Services as defined below or continue to use the Website.

1.3 If you do not accept these Conditions you should discontinue any use you are making of the Website immediately.

1.4 This Agreement between us, following your acceptance of its terms as set out in this Condition, comprises the following documents:

(A) these Website User Terms & Conditions;
(B) Member Conditions;
(C) User Conditions
(D) Acceptable Use Policy;
(E) Disclaimer;
(F) Privacy Policy;
(G) Content Removal Policy; and, if applicable
(H) Terms and Conditions of Sale and Supply,


all of which documents and any schedules or appendices to or of them are incorporated into and form part of this Agreement (as defined below).

2. Definitions The following definitions apply in these Conditions and in the Agreement as a whole including all constituent parts of it and all attachments, appendices or schedules to any part of it:

"Member” means a person or business who opts to enter a contract with us for the purpose of receiving the benefits of membership as set out in the Member Conditions via the Website;

“Agreement" means this Agreement between you and us incorporating the documentation referred to in Condition 1.4;

"Conditions" means the Conditions for the provision of Services set out in this Agreement and any special Conditions agreed in writing between us;

"Consumer" where relevant, shall have the meaning ascribed to it in Section 12 of the Unfair Contract Terms Act 1977;

“Goods” means any goods which might be made available to purchase via the Website, such sales to be made in accordance with the Terms and Conditions of Sale and Supply;

"Services" means the provision by us of the Website together with any services made available to you on the Website which you are, subject to this Agreement, entitled to obtain by virtue of being a Member or to purchase from us in accordance with the Terms and Conditions of Sale and Supply;

"we” or “us” means Illumini UK Limited, a company registered in England and Wales under number 05475045 whose registered office is at 20 Rosedale Close, Redditch, Worcestershire, B97 6JQ;

“User” means individual users of the Website whether businesses or consumers and where necessary also incorporates a Member;

“Website” or “site” means www.illumini.info and www.intelligenceplus.co.uk and all associated or derivative sites owned or controlled by us; and

“you” means the Member or User who has accessed our Website and who wishes to use the Website subject to the terms of this Agreement.

2.1 These Conditions shall apply to all use by you of the Website and contracts for the provision of Goods or Services by us to you and use of the site and shall prevail over any other documentation or communication proffered or relied on by you.

2.2 Any variation to these Conditions (including any special Conditions agreed between the parties) shall be inapplicable unless agreed in writing by us.

2.3 Any complaints should be addressed to our address stated in the definitions.

2.4 Any special conditions applying to the provision of the Services will be separately agreed with you and recorded in a discrete document.

2.5 In this Agreement, the singular includes the plural, and vice versa, one gender refers to all genders and headings shall not be used to interpret the Conditions to which they relate.

3 Accessibility

3.1 We do not guarantee that the Website will be uninterrupted, secure or error-free or that any data generated, stored, transmitted or used via or in connection with its use will be complete, accurate, secure, up to date, received or delivered correctly or at all.

3.2 We may have to suspend the Website for repair, maintenance or improvement. If so, we will restore it as quickly as is reasonably possible.

3.3 Your accessing of the Website is entirely at your own risk and while we take reasonable precautions against viruses and other computer-related problems, we cannot be liable for any loss you incur should your use of or connection to the Website result in any loss or corruption or other damage to your data, software or hardware.

3.4 Nothing in these Conditions shall exclude or limit either party’s liability for death or personal injury resulting from our negligence or that of our agents or employees nor for fraudulent misrepresentation.

3.5 Nothing in this Agreement shall affect your statutory rights as a Consumer.

4 Intellectual Property

4.1 The Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website and the Services) are protected by copyright, trade marks, patents and other intellectual property rights and laws.

4.2 None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.

4.3 We do not claim ownership of any materials you post, upload or submit to any publicly accessible area of the Services. However, by doing so you are granting us a world-wide, royalty free, non-exclusive licence to copy, distribute, transmit, reproduce, publicly display, edit, translate or publish such Content for as long as you elect to display such Content via the Website (to including using anything you post by way of comment on any Interactive Service such as a notice board or forum as a testimonial or for other publicity purposes even after you have ceased to display such Content). The licence shall be terminated when such Content is deleted from the Website.

4.4 You agree to indemnify and hold us and our employees and agents harmless from and against any breach by you of this Agreement and any claim or demand brought against us by any third party arising out of your use of the Services and/or any Content submitted, posted or transmitted on the Website, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by us in consequence of your breach of this Agreement

5 Force Majeure

Neither party shall be liable for any failure or delay in performance of its obligations under this Agreement which is caused by circumstances beyond the reasonable control of that party.

6 Survival of Rights

Termination of this Agreement shall not affect any rights of the parties accrued up to the date of termination.

7 Entire agreement

This Agreement contains the entire agreement between the parties in respect of (subject matter of this Agreement) and supersedes any prior written or oral agreement between us relating to it and the parties confirm that they have not entered into this agreement on the basis of any representations that are not expressly incorporated in this agreement.

8 Variation

This agreement may be amended, modified, varied or supplemented by us at any time subject to us informing you in writing of any changes we believe may be relevant to your Contract.

9 No Assignment, Transfer or Sub-contracting

This agreement and all rights under it is personal to the parties and may not be assigned or transferred by you but we will be free to sub-contract the whole or part of our obligations under this agreement should we see fit to do so.

10 No Inducement

Each of the parties acknowledges that, in entering into this agreement, it does not do so in reliance on any representation, warranty or other provision except as expressly provided in this Agreement, and any conditions, warranties or other terms implied by statute or common law are excluded from this Agreement to the fullest extent permitted by law.

11 Further Assurance

Each party to this Agreement shall at the request and expense of the other execute and do any deeds and things reasonably necessary to carry out the provisions of this agreement or any ancillary arrangements to which the parties are contracted.

12 No Waiver

No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor will any partial exercise preclude any further exercise of the same, or of some other right, power or remedy.

13 Severability of Provisions

If any term or provision in this Agreement shall in whole or in part be held to any extent to be illegal or unenforceable under any enactment or rule of law that term or provision or part shall to that extent be deemed not to form part of this agreement and the enforceability of the remainder of this agreement shall not be affected.

14 Remedies Cumulative

The remedies provided in this Agreement are cumulative and not exclusive of any remedies provided by law.

15 Joint and Several Liability

Where you comprise more than one person your obligations and liabilities under this agreement shall be joint and several.

16 No partnership, agency or employment

This Agreement shall not constitute or imply any partnership, joint venture, agency, fiduciary relationship or other relationship between the parties other than the contractual relationship expressly provided for in this Agreement and neither party shall be or be deemed to be the employee or employer of the other party. Neither party shall have, nor represent that it has, any authority to make any commitments on the other party’s behalf or to pledge its credit.

17 Warranty of Authority and Freedom to Contract

Each party warrants, agrees and undertakes with the other that:

17.1 it is free to enter into this agreement and grant the other party the rights granted under it and is not under any disability, restriction or prohibition which might prevent the warranting from performing or observing any of its obligations under this agreement.

17.2 it has not entered into and shall not enter into any arrangement which may conflict with this agreement.

17.3 all third party liabilities shall be the sole responsibility of the warranting party and the other party shall not incur any liability for them.

18 VAT

All sums payable under this agreement are exclusive of VAT which shall where applicable be paid in addition at the rate in force at the due time for payment subject to the provision of a proper VAT invoice.

19 Interest on Late Payments

Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at the statutory rate in force from time to time and shall accrue at such a rate after as well as before any judgment.

20 Time of the Essence

Time shall not be of the essence of this agreement as regards any time, date or period mentioned in this agreement unless specifically set out as such in the Agreement or as agreed in writing between the parties.

21 No Deduction, Set-Off or Counterclaim

All sums under this agreement shall be paid by any party without any discount, deduction, set-off or counterclaim whatsoever.

22 Confidentiality and Publicity

Subject to our obligations under the Freedom of Information Act 2000, neither party will make any press or other public announcements concerning any aspect of this agreement, or make any use of the name of the other party in connection with or in consequence of this agreement, without the prior written consent of the other party.

23 Service of Notices

23.1 Any notice required or authorised to be given by either party under this agreement to the other party shall be in writing and shall be sent by pre-paid registered or recorded delivery post, electronic mail or facsimile transmission (but not SMS) to the other party at the address stated in this agreement or such other address as may be specified by the parties by notice to the other from time to time.

23.2 Any such notice shall operate and be deemed to have been served at the expiration of 2 days after it is posted or on the next working day if transmitted by telex, electronic mail or facsimile (subject to production of a transmission report or other electronic record proving successful transmission).

24 Law and Jurisdiction

This agreement and any claims or disputes arising out of or in connection with it shall be governed by and construed in accordance with the law of England and Wales and each party agrees to submit to the exclusive jurisdiction of the courts of England and Wales.

B MEMBER CONDITIONS

1 ORDERING

1.1 All orders for Services shall be deemed to be an offer by you to purchase Services pursuant to these Conditions and are subject to acceptance by us. We may choose not to accept an order for any reason.

1.2 When making an order through the Website, the specific technical steps you need to take to complete the order process are described in the Member area of the Website

1.3 You will not need to make a regular order for Services which are provided periodically (for example monthly information on current topics) and such information shall be forwarded automatically to you subject to your continued payment of the applicable fee.

2 PRICE AND PAYMENT

2.1 The prices of the various Services shall be that stipulated on the Website and the total purchase price, including VAT, for the type and amount of Services you order will be displayed to you in the Member area.

2.3 After the order is received we shall confirm by email the details, description and price for the Services.

2.4 We may establish payment methods which will allow you to pay for the Services through the Website and via a secure payment mechanism. If you choose to use this method of payment, you must abide by the terms we set out within it. If you prefer to pay traditionally for the Services you order, payment must be made within 14 days of invoice date (which we will raise following your order) without deduction, set-off or counterclaim.

2.5 Where applicable, if any payment is not paid on time or any payment is rejected or refused, the amount owing will be treated as overdue and we will be entitled immediately to cease or suspend the provision of the relevant Service until payment has been received.

3 OUR RIGHTS

3.1 We reserve the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. We shall make every effort to ensure prices are correct at the point at which you place an order.

3.2 We reserve the right to withdraw all or any of the Services from the Website at any time.

3.3 We shall not be liable to anyone for withdrawing the Services from the Website or for refusing to process an order.

4 CANCELLATION

4.1 Where we provide a Service for you in your legal capacity as a consumer, you have a right to cancel an order for the Services without charge by giving use a notice in writing (including e-mail) at any time within 7 working days from the date of your order but if we start to perform our side of this Agreement with your agreement before you exercise this right to cancel, the right to cancel is lost.

4.2 Where we provide a Service to you as a business, once content has been published to the Website and/or e-mailed to you automatically you will be liable in full for all fees and cancellation of an order can only be accepted providing content has not already been published and at our sole discretion.

5 DISCLAIMER AND LIMITATION OF LIABILITY

5.1 Use of the Website/Services is at your own risk. The Website/Services are provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

5.2 We give no warranty that the Website/Services will meet your requirements, that the Content will be accurate or reliable, that, in accordance with the general Disclaimer, the functionality of the Website/Services will be uninterrupted or error free, that defects will be corrected or that the Website/Services or the server that makes them available are free of viruses or anything else that may be harmful or destructive.

5.3 Except as may be implied by law where you are dealing as a Consumer, in the event of any breach of these Conditions by us, your remedies shall be limited to damages which shall in no circumstances exceed the price of the Services in question and we shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever (including loss of opportunity, contract, bargain or loss of profit (normal or exceptional) or continued expenses or payments to temporary staff (on contract or from agencies or however) used to fill vacancies for which you have advertised with us).

5.4 Nothing in these Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our agents or employees nor for fraudulent misrepresentation.

5.5 Nothing in this Agreement shall affect your statutory rights as a Consumer.

6 YOUR MEMBERSHIP

6.1 We will publish on the Website from time to time the terms and conditions specific to your status as a Member. 6.2 Unless otherwise agreed in writing by us Memberships will be for recurring periods of twelve months subject to cancellation by either of us on three months’ written notice, such notice to expire at the end of a contract year.

6.3. In addition to the above, we may terminate your Membership at any time should you fail to properly pay the requisite fee for your Membership, cancel any automatic payment method agreed with us without notice or otherwise agreeing with us an alternative method of payment or if you are at any time in breach of the terms of the Agreement as a whole or, in particular, your obligations as a Member.

6.4. Memberships are non-transferable and should you sell your business or should undergo a change of control we reserve the right to terminate this Agreement forthwith.

6.5 Specific Member obligations and benefits will be published from time-to-time by us and will appear in the Membership area of the Website. You should review any updates we publish to acquaint yourself with the latest Member terms as these will not be sent to you individually. These details are contractually enforceable between us and as such, form part of this Agreement. In this connection, we reserve the right to increase the cost of subscriptions or services available to Members from time-to-time on as much notice as is practicable in the circumstances.

7 CONTENT MANAGEMENT

7.1 The Website may provide automatic links to other sites. We do not accept any responsibility for or liability in respect of the content of those sites, the owners of which do not necessarily have any connection, commercial or otherwise, with us. Using automatic links to gain access to such sites is entirely at your own risk.

7.2 We will not be liable for any errors, omissions or mistakes during the electronic processing of Content to the Website. You will be responsible for keeping your own Content up to date and accurate using the Member area on the Website.

7.3 You warrant that you have, or will procure prior to submitting Content on to the Website, all necessary consents, permissions, releases and licences to provide the Content to the Website and to deal with it as described in this Agreement.

7.4 Notwithstanding any other provision of this Agreement, you will fully indemnify us from and against all claims, demands, actions, losses and damages, costs, charges, fines and expenses (including but not limited to reasonable costs and disbursements on a solicitor and client basis) arising from or incurred due to any infringement or alleged infringement of any third party intellectual property rights (particularly copyright, trade or business names, or trade marks) or for passing off allegations or actions caused by our use (pursuant to this Agreement) of the Content provided by you or you providing any Content which gives rise to any liability or expense which we suffer howsoever.

7.5 We may immediately delete, suspend, or refuse to accept any Content in accordance with the Acceptable Use Policy or the Contents Removal Policy and may change your Content’s position on the Website without prior notice to you.

7.6 You must not under any circumstances seek to undermine the security of the Website nor seek to access, alter or delete any information to which you do not have authorised access, seek to overload the system via spamming or flooding, take any action or use any device, routine or software to crash, delay, damage or otherwise interfere with the operation of this Website or attempt to decipher, disassemble or modify any of the software, coding or information comprised in the Website.

7.7 You are responsible for ensuring that all information, data and files are free of viruses or other routines or engines that may damage or interfere with any system or data prior to being submitted to the Website.

8 USER ACCOUNT, PASSWORD AND SECURITY

8.1 If you wish to become a Member and complete the registration process you will need to provide certain information and register a username and password for use in the capacity as a Member.

8.2 You are responsible for maintaining the confidentiality of the username and password and also for all activities that take place under your account.

8.3 You agree to immediately notify us of any unauthorised use of your password or account or any other breach of security.

8.4 In no event will we be liable for any loss or damage whatsoever, whether direct, indirect or consequential resulting from the disclosure of your username and/or password before you inform us of any suspicion or evidence you have that your username and/or password may have been compromised and used by a party other than you.

8.5 You may not use another person’s account at any time, without the express permission of the account holder who, as above, remains liable for everything that then occurs on the Website or the system generally which originates in or passes through your account.

C
USER CONDITIONS

1 THE SERVICES

1.1 The Website may provide communication tools such as email, bulletin boards, chat areas, news groups, forums and/or other message or communication facilities, or a registration form which will allow others the ability to search on Content which you have provided and additional services available from time to time ("the Services").

1.2 Unless otherwise stated when registering your details and uploading your Content to the Website, your details will be made available to others subject always to our Privacy Policy.

1.3 Unless otherwise stated the Services are for your personal and non-commercial use only and you may not assign or transfer the benefit of this Agreement to any other person or party or use the Services for any purpose other than for which they are made available by you.

2 CHILD SUPERVISION

2.1 Ordinarily, we expect our users, both Members and Users, to be adults. However, we acknowledge that the nature of internet services is that they may be accessed by minors without any ability on our part to prevent such access.

2.2 We are concerned about the safety and privacy of its users, particularly children. Parents who wish to allow their children access to and use of the Website/Services should supervise such access and use.

2.3 By allowing their child access to the Services, parents are allowing them access to all of the Services, including email, bulletin boards, chat areas, news groups, forums and/or other message or communication facilities.

2.4 It is therefore the parents’ responsibility to determine which Services are appropriate for their child and to instruct their child to always use caution when revealing personally identifiable information about themselves via any of the Services.

3 USER ACCOUNT, PASSWORD AND SECURITY

3.1 If a particular Service requires you to open an account you will be required to complete the registration process by providing certain information and registering a username and password for use with the Services.

3.2 You are responsible for maintaining the confidentiality of the username and password and also for all activities that take place under your account.

3.3 You agree to immediately notify us of any unauthorised use of your password or account or any other breach of security.

3.4 In no event will we be liable for any loss or damage whatsoever, whether direct, indirect or consequential resulting from the disclosure of your username and/or password before you inform us of any suspicion or evidence you have that your username and/or password may have been compromised and used by a party other than you.

3.5 You may not use another person’s account at any time, without the express permission of the account holder who, as above, remains liable for everything that then occurs on the Website or the system generally which originates in or passes through your account.

4 ACCEPTABLE USE

4.1 You acknowledge that all information, text, graphics, logos, photographs, images, moving images, sound, illustrations and other materials ("the Content"), whether posted publicly or transmitted privately, are the sole responsibility of the person from whom such Content originated.

4.2 We do not control or endorse your Content and cannot guarantee the accuracy, integrity or quality of such Content.

4.3 We will not be liable in any way for any Content or for any loss or damage of any kind resulting from the use of any of the Services and you agree to bear all risks associated with the use of any Services, including any reliance on their accuracy or completeness.

4.4 You agree not to:

4.4.1 use the Services to send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise;

4.4.2 post, publish, distribute or disseminate material or information that is defamatory, infringing, obscene, indecent, threatening, abusive, harassing or unlawful;

4.4.3 post, publish, distribute or disseminate material or information that incites discrimination, hate or violence towards any person or group on account of their race, religion, disability, nationality or otherwise;

4.4.4 threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others;

4.4.5 use any information or material in any manner that infringes any copyright, trademark, patent or other proprietary right of any party;

4.4.6 make available or upload files that contain a virus, worm, trojan or corrupt data that may damage the operation of the computer or property of another;

4.4.7 collect or store personal information about others, including email addresses;

4.4.8 advertise or offer to buy or sell goods or services for any commercial purpose, unless such communication facility specifically allows such messages;

4.4.9 impersonate any person or entity for the purpose of misleading others;

4.4.10 violate any applicable laws or regulations;

4.4.11 use the Website/Services in any manner that could damage, disable, overburden or impair the Website/Services or interfere with any other party’s use and enjoyment of the Website/Services;

4.4.12 post, publish, distribute or disseminate material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement);

4.4.13 attempt to gain unauthorised access to any of the Services, other accounts, computer systems or networks connected to the Website/Services through hacking, password mining or any other means.

4.5 We shall be entitled to review materials posted to a communications facility and, at our sole discretion, to remove any material that breaches these Conditions or is otherwise objectionable in accordance with the Content Removal Policy.

5 TERMINATION

5.1 We may terminate your access to any or all of the Services at any time, without notice, for breach of these Conditions or the Agreement as a whole.

5.2 We may also at any time, at our sole discretion, discontinue the Website/Services or any part thereof without prior notice and you agree that we shall not be liable to you or any third party for any termination of your access to the Website/Services.

5.3 Should we terminate your access or discontinue the Website/Services, as set out above, we shall reimburse you pro rata for advance payments made by you subject to retention by us in full of any fixed fee element of the provision.

6 LINKS TO OTHER WEBSITES

6.1 The Website may include links to other websites that are controlled and maintained by us. This Agreement shall apply to your use of or access to any other website controlled by us however you find your way to that website, for example via another of our websites, by search engine or via links from other third party websites.

6.2 The Website may also include links to third party websites not controlled by us. In particular, these may be of our client advertisers or other parties where we have permitted a link to be made.

6.3 Any link to such third party websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites and that you access them entirely at your own risk.

7 INTERNATIONAL USE

You agree to comply with all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside (if different) and with all local laws and rules regarding acceptable use of and conduct on the Internet.

8 DISCLAIMERS AND LIMITATION OF LIABILITY

8.1 Use of the Website/Services is at your own risk. The Website/Services are provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

8.2 To the extent permitted by law, we will not be liable for any indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, data, profits (usual or exceptional)) arising out of or in connection with your use of the Website/Services.

8.3 We give no warranty that the Website/Services will meet your requirements, that the Content will be accurate or reliable, that, in accordance with the general Disclaimer, the functionality of the Website/Services will be uninterrupted or error free, that defects will be corrected or that the Website/Services or the server that makes them available are free of viruses or anything else that may be harmful or destructive.

8.4 Nothing in these Conditions shall be construed so as to exclude or limit our liability for death or personal injury as a result of our negligence or that of our employees or agents or for fraudulent misrepresentation.

8.5 Nothing in these Conditions shall affect your statutory rights as a consumer.

D
ACCEPTABLE USE POLICY

1 General

1.1 This acceptable use policy sets out the terms between us under which you may access our Website and associated websites (“our sites”). This acceptable use policy applies to all users of, and visitors to, our sites.

1.2 The Website and derivative sites which may be established are sites operated by us.

1.3 Your use of any of our sites means that you accept, and agree to abide by, all the policies in this Acceptable Use Policy, which supplement our Website User Terms & Conditions.

2 Prohibited Uses

2.1 You may use our sites only for lawful purposes. You may not use our sites:

2.1.1 In any way that breaches any applicable local, national or international law or regulation;
2.1.2 In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
2.1.3 For the purpose of harming or attempting to harm minors in any way;
2.1.4 To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards set out below;
2.1.5 To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
2.1.6 To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.


2.2 You also agree:

2.2.1 Not to reproduce, duplicate, copy or re-sell any part of our sites in contravention of the provisions of the Agreement;

2.2.2 Not to access without authority, interfere with, damage or disrupt:

a) any part of our sites;
b) any equipment or network on which our sites is stored;
c) any software used in the provision of our sites; or
d) any equipment or network or software owned or used by any third party.
3 Interactive Services
3.1 We may from time to time provide interactive services on our sites (“interactive services”), which may include, without limitation:


a) Chat rooms;
b) Bulletin boards;
c) Message boards;
d) User Forums.


3.2 Where we do provide any interactive services, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

3.3 We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on our sites, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks.

3.4 However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our sites, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

3.5 Although we ordinarily expect our users to be adults, the nature of the internet is that its content may be accessed by minors. The use of any of our interactive services by a minor is subject to the consent of their parent or guardian.

3.6 We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.

3.7 Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

4 Content Standards

4.1 These content standards apply to any and all material which you contribute to our sites (“Content”), and to any interactive services associated with it.

4.2 You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.

4.3 Content must:

4.3.1 Be accurate (where they state facts);
4.3.2 Be genuinely held (where they state opinions); and
4.3.3 Comply with applicable law in the UK and in any country from which they are posted;


4.4 Content must not:

4.4.1 Contain any material which is defamatory of any person;
4.4.2 Contain any material which is obscene, offensive, hateful or inflammatory;
4.4.3 Promote sexually explicit material;
4.4.4 Promote violence;
4.4.5 Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
4.4.6 Infringe any copyright, database right or trade mark or other protected right of any other person;
4.4.7 Be likely to deceive any person;
4.4.8 Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
4.4.9 Promote any illegal activity;
4.4.10 Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
4.4.11 Be likely to harass, upset, embarrass, alarm or annoy any other person;
4.4.12 Be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
4.4.13 Give the impression that they emanate from us, if this is not the case; or
4.4.14 Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
5 Suspension and Termination
5.1 We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of any our sites. When a breach of this policy has occurred, we may take such action as we deem appropriate.

5.2 Failure to comply with this Acceptable Use Policy constitutes a material breach of the terms of the Agreement upon which you are permitted to use our sites.

5.3 Notwithstanding any remedy which may be available to us under the Agreement, by statute or under common law, we may take all or any of the following actions:

5.3.1 Immediate, temporary or permanent withdrawal of your right to use our sites;
5.3.2 Immediate, temporary or permanent removal of any posting or material uploaded by you to our sites;
5.3.3 Issue of a warning to you;
5.3.4 Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
5.3.5 Further legal action against you; and
5.3.6 Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

5.4 We exclude all liability for any losses you may incur as a result of any action we may take in response to breaches of this Acceptable Use Policy.

5.5 The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

6 Changes to the Acceptable Use Policy

6.1 We may revise this acceptable use policy at any time. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our sites.

E
DISCLAIMER

1. We give no warranty or other assurance as to the operation, quality or functionality of any of our sites. Your access to any of our sites may be interrupted, restricted or delayed for any reason.

2. We also give no warranty or other assurance as to the content of the material appearing on the sites, its accuracy, completeness, timelessness or fitness for any particular purpose, particularly where this is under the control of our client users.

3. To the full extent permissible by law, we disclaim all responsibility for any damages or losses (including, without limitation, financial loss, damages for loss in business projects, loss of profits or other consequential losses) arising in contract, tort or otherwise from the use of or inability to use any of our sites or any material appearing on them or from any action or decision taken as a result of your using any of our sites or using or relying on any material appearing on any of them.

4. All of our sites may contain links to external sites, either through identifiable hot links or through accessing our advertisers’ sites through their material which will contain a hidden link to their home page or other site controlled by them.

5. We are not responsible for and have no control over the content of such sites. Information on any of our sites or via hypertext link from them to other sites is made available without responsibility on our part.

6. We further disclaim all responsibility and liability (including for negligence) in relation to information on or accessible from any of our sites.

7. Our advertiser clients are responsible for ensuring that material submitted for inclusion on any of our sites complies with all relevant laws and regulations.

8. Accordingly, although we encourage our advertiser clients to ensure that their material is accurate in accordance with the Content Standards, set out above, we do not accept responsibility for any error, omission or inaccuracy in such advertising material.

9. We do not exclude or limit our liability for death or personal injury resulting from our negligence or that of our agents or employees nor for fraudulent misrepresentation.

10. Nothing in any terms proffered by us shall affect your statutory rights as a Consumer.

F
PRIVACY POLICY

1 Protecting your privacy

1.1 We are committed to protecting your privacy and maintaining the security of any personal information received from you.

1.2 We strictly adhere to the requirements of the data protection legislation in the UK and endeavour to ensure that the information that you submit to us remains private, and that it is used only for the purposes described below.

1.3 We aim to provide a safe and secure experience for all of our users. Please read this Privacy Policy carefully as it contains important information about the use of information that you provide to us. If you have any questions about this statement, please contact us at enquiries@illumini.info.

1.4 This Privacy Policy covers treatment of personally identifiable information that we may collect when you are on our websites, if you register with us or when you upload data to or download data from any of them.

1.5 This policy does not apply to companies, organisations or sub-contractors that are not connected to or part of the same organisation as us or in relation to websites that we do not own or control.

2 Cookies

2.1 When you register with us, use certain of our products or services via our sites, visit any of our web pages, and when you engage in any Interactive Services (such as using search functions, message boards or entering competitions) our computer systems will store small pieces of information which is divulged as a by-product of that contact by your own computer.

2.2 Every computer on the internet has an internet protocol (IP) address which is a unique number by which it can be identified. This gives no personal information about you but it does act as a sort of virtual fingerprint for your computer. This, together with other information also automatically produced by your computer as a by-product of contacting other computers, is known when stored by our computer system as a Cookie.

2.3 It is possible for you to set your computer to prevent Cookies being generated. You are free to do this at any time and doing so will not affect the relationship we have in any contractual or legal way.

2.4 However, the advantage to you of permitting Cookies to arise is that it is easier for us to identify you as soon as you log on. As above, our system will recognise your computer’s fingerprint and fast-track you through the security process to allow you to use the relevant site. If you do not permit us to use a Cookie to identify you, you will have to go through the full log-in procedure each time you visit any of our sites to which you may have registered.

2.5 Not permitting Cookies to be used may also make it harder for us to allow you easy access to any personalised areas of our sites where you may have stored personal data or specific requirements you have or business sectors in which you operate or are interested in.

2.6 We also use Cookies as part of a normal business procedure to track patterns of behaviour of visitors to our sites. This helps us to interpret the anonymous statistical information on our users for purposes such as the better administration of our websites and servers, and to improve our services.

2.7 We have found that being able to analyse the behaviour of users of our sites is a powerful tool for us in improving our current services and developing new ones for our customers’ benefit and would strongly advise you to permit our use of Cookies for these purposes.

3 General User Activity Information

3.1 We gather general information about users (outside the information referred to in the section on Cookies), for example, what services users access the most and which areas of our sites are most frequently visited. Such data is used in the aggregate to help us to understand how each of our sites is used.

3.2 We gather this information so that we can continue to improve and develop our services to benefit of our users. We may make this aggregated information available to our commercial partners, to our advertiser clients and also to auditors.

3.3 These statistics are anonymous and contain no personal information and cannot be used as a means to gather such information.

4 Your Personal Information

4.1 When you register with us, use any Interactive Services, or buy a product or service, depending on the sort of service you wish to obtain, we may ask for personal information such as your name, date of birth, contact details, and other details.

4.2 Once you register with any of our sites and accept our Terms & Conditions, you are not anonymous to us and the very nature of our relationship means that we will be aware of your personal data.

4.3 We may use information that you provide to alert you to our own products and services and may contact you regarding changes to the sites to which you are registered or changes to our products or services that you use.

5 Disclosure of Personal Information

5.1 We do not disclose information about your individual visits to any of our sites, or personal information that you provide, such as your name and personal contact details unless you have given us your express permission or we reasonably believe that the law requires it.

5.2 We may record and share aggregated information with our third party providers. In addition, if you input personal information on a co-branded registration page, then it is possible that the information that you give becomes the property of both ourselves and our third party providers.

5.3 We can only confirm our own position in relation to your personal information and cannot be responsible for the information that the third party providers receive in these or similar circumstances.

5.4 We may send personally identifiable information about you to other third party providers when we:

a) already have your consent to share the information;
b) need to share your information in order to provide the Goods or Services you have requested;
c) have to send the information to companies who work on our behalf to provide Goods or Services to you. (Unless otherwise stated, these companies do not have the right to use the personally identifiable information we provide to them beyond what is necessary to assist us in providing you the relevant Goods or Services); or
d) are legally obliged to respond to subpoenas, court orders or due legal process.


6 Interactive Services

6.1 Where individuals engage with the ability of our sites to store personal information about them, the way such information is stored means that it can be downloaded or printed off, again, as part of the process an individual will have had to expressly agreed to allowing such information to be downloaded by other users.

6.2 We can offer individuals the option of remaining anonymous but where this option is not taken, individuals must be aware of the possible disclosure of this information to third parties. Those parties may be contractually obliged to obtain, store and use that information solely for the purposes for which it is made available by individuals but apart from this, we cannot control third party organisations’ use of such data.

6.3 Individuals should therefore be aware that this disclosure, for the purposes of meeting their expectations, may occur.

7 Other Ways of Ensuring Your Privacy

7.1 If you subscribe for a service in which delivery by you of your personal details is required, you will be given the opportunity to amend your personal details at any time. The option to do this will ordinarily be available from the login page of our sites or other registration or user areas of the sites, particularly those where you may be asked to input your personal login or registration information (such as user name, password or other security data).

7.2 You may unsubscribe from any promotional information that we may send to you by using the unsubscribe function at the bottom of any e-mail you may receive of this nature or by visiting the appropriate website (which will contain a route for you to take action to unsubscribe yourself from such promotional information).

G
CONTENT REMOVAL POLICY

1. Where we permit third parties to place content or advertising on our sites such content is outside of our control.

2. We oblige those third parties to comply with law and good practice in the content and appearance of advertisements or other content, however, we do not edit or screen advertisements that we display and cannot be held responsible for the contents of these advertisements.

3. If you see an advertisement or other content that you consider illegal or offensive, then please notify us immediately.

4. In order to identify the offending advertisement or other content please report to us and give us any other information you feel it may be of use for us to have.

5. If possible please take a screen shot of the content for evidential purposes. Third party providers may be able to change their contents without our input and if you have seen something about which you wish to complain, it will aid your complaint and our investigation of it if you can provide as good evidence as possible.

6. If you feel any content infringes your intellectual property rights, (in particular, copyright, design right or trade mark) when submitting your complaint please provide us with evidence that you own the copyright.

7. Similarly, if you are making any other claim based on a potential confusion between your own products, services or identity and that of one of our third party providers (in relation to a logo, name or other identifying characteristic) again, pass us as much information as you can to support your position.

8. Once in receipt of your complaint we will investigate and if appropriate we will remove or edit content.

9. However, please be aware that we are not in a position to legally arbitrate between parties over potential IPR breaches or passing-off actions and we therefore reserve our right to suspend any advertisement or other content (with an appropriate credit at our discretion) until any disputes of which we are made aware are concluded (to our satisfaction having taken legal advice) or on the written agreement of all the relevant parties that the advertisement or other content may proceed.

Please direct all communications to
enquiries@illumini.info

H
Terms and Conditions of Sale and Supply

This document tells you the terms and conditions on which we supply any of the Goods or Services (defined in the Agreement or listed on our Website) to you. Please read these terms and conditions carefully before ordering any Goods or Services from the Website. You should understand that by ordering any of our Goods or Services, you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference. Please click on the button marked "I Accept" at the end of these terms and conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Goods or Services from the Website.

1 Information about us We are Illumini UK Limited, a company registered in England and Wales under company number 05475045 with our registered office at 20 Rosedale Close, Redditch, Worcestershire, B97 6JQ. Our VAT number is 873 8324 94.

2 Service availability Our site is only intended for use by people resident in the UK. We do not accept orders from individuals outside the UK.

3 Your status By placing an order through the Website, you warrant that you are legally capable of entering into binding contracts; and, if an individual, you are at least 18 years old; and you are resident in the UK

4 How the contract is formed between you and us

4.1. After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted.

4.2. Your order constitutes an offer to us to buy Goods or Services. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Goods or Services have been dispatched or are available for you to enjoy/use (the Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.

4.3. The Contract will relate only to those Goods or Services confirmed in the Dispatch Confirmation. We will not be obliged to sell or supply any other Goods or Services which may have been part of your order until the dispatch of such Goods or Services has been confirmed in a separate Dispatch Confirmation.

5 Our status

5.1. We may provide links on the Website to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products you purchase from third party sellers through the Website, or from companies to whose website we have provided a link on the Website, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely.

5.2. This DISCLAIMER does not affect your statutory rights against any third party provider. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party provider.

6 Consumer rights

6.1. If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Goods. In this case, you will receive a full refund of the price paid for the Goods in accordance with our refunds policy (set out in clause 10).

6.2. This right of cancellation is not available in relation to Services to the extent that they are provided and enjoyed by you prior to the date of cancellation following your election to receive them in advance of the end of the statutory cancellation period. In such cases, we are entitled to charge you the contract price for the Services received by you.

6.3. To cancel a Contract, you must inform us in writing. You must also return the Goods to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Goods while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.

6.4. Details of this statutory right, and an explanation of how to exercise it, will be provided in the Dispatch Confirmation. This provision does not affect your statutory rights.

7 Availability and delivery

Your order will be fulfilled by the date set out in the Dispatch Confirmation or, if no date is specified, then within a reasonable time of the date of the Dispatch Confirmation, unless there are exceptional circumstances.

8 Risk and title in Goods

8.1. The Goods will be at your risk from the time of delivery.

8.2. Ownership of the Goods will only pass to you when we receive full payment of all sums due in respect of the Goods or Services, including delivery charges.

9 Price and payment

9.1. The price of any Goods or Services will be as quoted on the Website from time to time, except in cases of obvious error.

9.2. These prices include VAT but exclude delivery costs, which will be added to the total amount due as set out in our Delivery Guide.

9.3. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.

9.4. Payment for all Goods or Services must be by credit or debit card. We accept payment with the cards listed on our Website. We will not charge your credit or debit card until we despatch your order or make the Services available to you.

10 Our refunds policy

10.1 When you return Goods to us:
(a) because you have cancelled the Contract between us within the seven-day cooling-off period, we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Goods or Services in full, including the cost of sending the Goods to you. However, you will be responsible for the cost of returning the Goods to us.
(b) for any other reason (for instance, because have notified us in accordance with paragraph 20 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Goods or Services are defective), we will examine the returned Goods or the Services in question and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Goods or the relevant Services. Goods returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.

10.2. We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

11 Our liability

11.1 We warrant to you that any Goods purchased from us through the Website are of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied and that any Services will be provided with a reasonable level of care and skill.

11.2. Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Goods or Services you purchased.

11.3. This does not include or limit in any way our liability:
(a) for death or personal injury caused by our negligence;
(b) under section 2(3) of the Consumer Protection Act 1987;
(c) for fraud or fraudulent misrepresentation; or
(d) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

11.4. We are not responsible for indirect losses which happen as a side effect of the main loss or damage whether or not foreseeable by you and us (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) however arising and whether caused by tort (including negligence), breach of contract or otherwise.

11.5. Where you buy any Goods or Services from a third party seller through the Website, the seller's individual liability will be set out in the seller's terms and conditions.



12 Import duty

12.1. If you order Goods from the Website for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

12.2. Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.



13 Written Communications

Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on The Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.



14 Notices

All notices given by you to us must be given to us at 20 Rosedale, Brockhill, Redditch, Worcestershire, B97 6JQ. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

15 Transfer of rights and obligations

15.1. The contract between you and us is binding on you and us and on our respective successors and assigns.

15.2. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

15.3. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

16 Events outside our control

16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).

16.2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control.

16.3. Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

17 Waiver

17.1. If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

17.2. A waiver by us of any default shall not constitute a waiver of any subsequent default.

17.3. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clauses 13 and 14.

18 Severability

If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

19 Entire agreement

19.1. These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

19.2. We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.

19.3. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party´s only remedy shall be for breach of contract as provided in these terms and conditions.

20 Our right to vary these terms and conditions

20.1. We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.

20.2. You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Goods or Services).

21 Law and jurisdiction Contracts for the purchase of Goods or Services through the Website will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.