TERMS & CONDITIONS
1. User Terms
2. Information about Us
4. Accessing the Website
5. Use of the Website / Acceptable Use Policy
6. Buying Goods and Services via the Website
7. Forum Rules
8. Data Protection
9. Third Party Advertising, Sites and Links
10. Disclaimer and Limitation of Liability
11. Variation to the User Terms
14. Editorial Complaints
15. Commercial Content at The Carriage Commentator Limited
16. Subscription Terms
1. User Terms
These User Terms apply to websites operated by The Carriage Commentator Limited (‘THE CARRIAGE COMMENTATOR LIMITED' or ‘we' or ‘us' or ‘our’) from time to time. In accordance with the following user terms ('User Terms'), THE CARRIAGE COMMENTATOR LIMITED grants you as an authorised user ('User' or 'you') of this website (the 'Website') certain rights (as set out below) and in return you agree to perform certain obligations. These User Terms form a binding contract between you and THE CARRIAGE COMMENTATOR LIMITED. By using this Website, you therefore confirm that you are at least 18 years old, or if you are under 18 years old that you have obtained your parent's or guardian's consent to enter into these User Terms. Please read these User Terms carefully before using the Website. By using the Website, you are deemed to have accepted these User Terms. These User Terms apply whatever method you have used to access the Website, including but not limited to computer, portable device, digital television services and mobile phone. If you do not agree to any part of these User Terms you should stop accessing this Website and navigate away from it.
Contacts / What do these terms cover?
Please note that these User Terms also contain THE CARRIAGE COMMENTATOR LIMITED Selling Terms for Goods and Services in respect of any goods or services you buy direct from THE CARRIAGE COMMENTATOR LIMITED on the Website as well as our Acceptable Use Policy and our Forum Rules.
If you register for any services, forums or enter any prize competitions or other promotions on the Website, separate terms and conditions which are located on the Website may also apply in addition to these User Terms. In the event of a conflict between any additional terms and conditions located on the Website and these User Terms, such additional terms will prevail.
2. Information about Us
This Website is operated by The Carriage Commentator Limited, a limited liability company registered in England and Wales under company number 11774112. Our registered office address is at Martin & Co., 25 St. Thomas Street, Winchester SO23 9HJ.
Some services on the Website may be restricted to users that have registered their details with us and created an account. If you decide to register for one of these services you agree:
(a) that your account details are personal to you and you will not disclose your account details to any third party;
(b) that you will not allow a third party to use your password for the purposes of gaining entry to services meant for registered users only and that you will take all reasonable steps to ensure that your user details are kept confidential and secure; and
(c) that you will not create an account using false information or impersonate another person when registering for a service on the Website.
We may cancel your registered account at any time if for any reason we believe you have breached these requirements. We also reserve the right to disable your account details, whether chosen by you or allocated by us, at any time if in our sole opinion you have failed to comply with any part of these User Terms.
Registration for some services offered by THE CARRIAGE COMMENTATOR LIMITED may require registration through a third party website (e.g. Facebook or PayPal).
4. Accessing the Website
Accessing our Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on the Website without notice. We will not be liable for any reason if the Website remains unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users who have registered with us. You are responsible for making all arrangements necessary for you to have access to our Website (including taking all necessary steps to ensure you use up-to-date anti-virus software). You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these User Terms, and that they comply with them.
The Material available on the Website is directed at those who access the Website from the United Kingdom and overseas. Those who choose to access the Website from any other location are solely responsible for compliance with local laws and regulations if, and to the extent, that they are applicable.
5. Use of the Website / Acceptable Use Policy
Your use of the Website will be subject to complying at all times with our Acceptable Use Policy in this paragraph 5. For the purposes of these User Terms: "Material" will include but is not limited to: software, documentation, text, pictures, sounds, graphics, articles, video or audio clips, advertising material and other material published on the Website.
We are either the owner or the licensee of the intellectual property rights in the Website and the Material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
5.1 Accessing our Material
You are entitled to access the Material for your own personal private and non-commercial use only, provided that you do not:
(i) download or print any Material in a systematic or regular manner so as to create a database (electronic or paper form);
(ii) remove any notices relating to the ownership of copyright or other intellectual property rights in the Material;
(iii) modify, translate, reverse engineer, reproduce, decompile, disassemble or create derivative works of any of the Material; or
(iv) rent, lease, sub-license, loan, copy, commercially exploit or give or transfer any rights in the Material in any form, to any person or entity without our prior written consent.
Our status (and that of any identified third party contributor or rights holder) as the author of the Material must always be acknowledged. If you print off or otherwise copy any part of the Website or Material in breach of these User Terms, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the Material you have made. You are not authorised to download or copy any music or videos which we may grant you access to on the Website without our explicit written consent in each instance.
5.2 Prohibited uses
You further agree that you will not use the Website for any of the following purposes:
(i) to send or distribute multiple unsolicited emails or messages ('Spam') or to cause any other person annoyance, inconvenience or worry;
(ii) for any purposes connected to any business without our consent, including sending any unsolicited advertisements or promotional material;
(iii) to use or attempt to use any software, engine, or any other means to navigate or search the Website other than the navigation tools and search facilities available on the Website and general third party browsers;
(iv) to carry out any activities in relation to "screen scraping" or "database scraping" to obtain lists of users, URLs, internet keywords or other information;
(v) to access the Website by any means other than through the interface that is provided by THE CARRIAGE COMMENTATOR LIMITED for use in accessing the Website;
(vi) to use or transmit any material that contains software viruses or any other computer code, file or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including but not limited to the Website;
(vii) to do anything which imposes an unreasonable or disproportionately large load on the Website's infrastructure;
(viii) to interfere with or disrupt the Website and/or any of its services or servers or networks connected to the Website or disobey any requirements, procedures, policies or regulations of networks connected to the Website; or
(ix) to collect or store personal data about other users of the Website whether or not for commercial purpose without their consent. This includes the posting of phone numbers, addresses or any other private information without the express permission of that individual.
5.3 Submission of Material to the Website
You agree that any Material submitted by you for publication on the Website, including but not limited to any Material sent via forums, chat services, feedback, bulletin boards or articles or any other Material submitted for publication on the Website or in using any of the Website services is done so on the following terms:
(i) you will not submit Material that is offensive, abusive, indecent, defamatory or obscene;
(ii) you will not submit any Material which infringes the intellectual property rights of any third party or in breach of any obligation of confidentiality by which you are bound - all Material you submit must be owned or licensed by you;
(iii) you grant to us a worldwide, royalty-free licence to use the Material in perpetuity in any format and on any media. This means for example, that we may use your Material on the Website and on any other websites operated by THE CARRIAGE COMMENTATOR LIMITED indefinitely;
(iv) we reserve the right not to publish the Material submitted and to make additions or deletions to the Material, prior to publication;
(v) we reserve the right to remove and/or delete the Material submitted by you without notice;
(vi) we reserve the right to cut and crop any photographs or graphical images submitted by you at our discretion and to alter any Material such that we can make it available on the Website;
(vii) you acknowledge that you are solely responsible for the Material you submit and that we do not screen the Material prior to its publication on the Website, and therefore any opinion submitted by you will be accurate and/or genuinely held;
(viii) we reserve the right to share your identity with any third party who is claiming that any Material posted or uploaded by you to the Website violates these User Terms; and
(ix) we may identify you as the contributor of any Material, and you waive any moral rights you may have in respect of our use of the Material. Our Forum Rules (see paragraph 8) expand upon the points above.
6. Buying Goods and Services via the Website
The Website may offer you the opportunity to purchase goods and services. Some of these goods and services will be provided directly by us (and we will notify you in each instance where we are the seller). In such cases the legal contract for the provision of these goods and services will therefore be made directly between you and THE CARRIAGE COMMENTATOR LIMITED, and will be governed by THE CARRIAGE COMMENTATOR LIMITED Selling Terms for Goods and Services set out in paragraph 6.1, together with any additional terms notified to you at the time of sale. Alternatively, other goods and services available through the Website may either be:
1. A) provided by a third party through a third party website linked to or framed by the Website; or
2. B) provided by a third party through a third party website which includes THE CARRIAGE COMMENTATOR LIMITED or one of our brand’s branding however the goods and/or services are provided by the third party; or
3. C) provided by us acting as agent for a third party.
In either of the above circumstances (A, B or C), the legal contract for the goods and services provided will be made between you and that third party (the "Merchant") and the Merchant's terms and conditions will apply to the sale and supply of the goods and services (the "Merchandise") in addition to these User Terms. Accordingly, we cannot give any undertaking that the goods you purchase from third party sellers through our Website will be of satisfactory quality and any such warranties are hereby disclaimed by us absolutely. However, this disclaimer by us, does not affect your statutory rights against that third party seller.
THE CARRIAGE COMMENTATOR LIMITED refers to the e-commerce as described in the previous paragraph as "Merchant Sales" and the following Merchant Rules apply. You should carefully read the Merchant's own terms and conditions in addition to these Merchant Rules and User Terms.
Third Party Merchant Rules
When purchasing Merchandise you acknowledge that:
(i) the Merchant (and not THE CARRIAGE COMMENTATOR LIMITED) is solely responsible for the fulfilment of orders for any Merchandise and for its quality, suitability and fitness for purpose;
(ii) the selection of any Merchant or the purchase of any item of Merchandise from the information available on the Website or from the Merchant via the Merchant's website or otherwise, and/or recommendations made to you by the site or otherwise, is solely your choice. Any disputes or questions relating to the Merchandise will be directed to the Merchant in question and you acknowledge that THE CARRIAGE COMMENTATOR LIMITED will have no responsibility, obligations or liability in relation to the Merchandise;
(iii) any Merchant's data protection practices may differ from those adhered to by THE CARRIAGE COMMENTATOR LIMITED. THE CARRIAGE COMMENTATOR LIMITED is not responsible for, and has no control over, any data that is submitted to, or collected by, Merchants; and
(iv) THE CARRIAGE COMMENTATOR LIMITED is not responsible or liable directly or indirectly for any charge or loss whatsoever and howsoever arising or resulting from your use of or reliance on any content, material or goods or services available through, on or from any Merchant or Merchant's websites.
6.1 THE CARRIAGE COMMENTATOR LIMITED Selling Terms for Goods and Services
For goods and services sold directly by THE CARRIAGE COMMENTATOR LIMITED refer to Selling Terms under this paragraph 6.1 which will apply in addition to the User Terms. In the event that there are other terms on the Website referring to the sale of such goods and services that conflict with the Selling Terms, the terms on the Website will prevail.
Examples of the goods that THE CARRIAGE COMMENTATOR LIMITED sells are DVDs, books, photographs and clothes. The specific terms that relate to "goods" therefore only apply to all physical goods sold through the Website by THE CARRIAGE COMMENTATOR LIMITED.
Example of the services that THE CARRIAGE COMMENTATOR LIMITED sells are video downloads and/or streams, digital downloads of books or articles, podcasts and/or access to online 'paid for content'. The specific terms that relate to "services" therefore only apply to all non-physical items sold through the Website by THE CARRIAGE COMMENTATOR LIMITED.
BY PLACING AN ORDER THROUGH THIS WEBSITE, YOU PROMISE THAT YOU ARE AT LEAST 18 YEARS OLD. IF YOU ARE UNDER THE AGE OF 18 YEARS OLD, YOU MUST ENSURE THAT A PARENT OR GUARDIAN PURCHASES THE GOODS OR SERVICES ON YOUR BEHALF. YOU SHOULD PRINT OUT AND KEEP A COPY OF THESE USER TERMS FOR YOUR REFERENCE IN RESPECT OF ANY GOODS OR SERVICES YOU BUY FROM US.
How the contract is formed between you and THE CARRIAGE COMMENTATOR LIMITED for the purchase of goods
After placing an order, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to sell the goods to you.
All orders are subject to acceptance by us, and, where you order online we will confirm such acceptance to you by sending you an e-mail that confirms the goods have been dispatched (the "Dispatch Notice"). The contract between us for the provision of the goods will only be formed when we send you the Dispatch Notice. The contract will relate only to those goods whose dispatch we have confirmed in the Dispatch Notice. We will not be obliged to supply any other goods which may have been part of your order until the dispatch of such other goods is confirmed in a separate Dispatch Notice.
How the contract is formed between you and THE CARRIAGE COMMENTATOR LIMITED for the purchase of services
After you place an order for services, the contract between THE CARRIAGE COMMENTATOR LIMITED and you will only be formed when we make the services, including any digital content, available to you for download or access. THE CARRIAGE COMMENTATOR LIMITED reserves the right, at its sole discretion to reject any orders it receives.
Purchase and delivery of goods and services
(a) Your transaction will be processed in a secure environment.
(b) The price of any goods or services will be as quoted on the Website from time to time, except in cases of obvious error. 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 Notice unless in the event of a mistake (as set out below).
(c) Despite our best efforts, some of the goods on our Website may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where the price of goods is less than the stated price, we will charge the lower amount when dispatching the goods to you. If the correct price of the goods is higher than the price stated on the Website, we will normally, at our discretion, either contact you for instructions before dispatching the goods or reject your order and notify you of such rejection. We are under no obligation to provide the goods to you at the incorrect (lower) price, even after we have sent you a Dispatch Notice, if the pricing error is obvious and unmistakable and could easily have been recognised by you as a mispricing.
(d) Payment methods are detailed on THE CARRIAGE COMMENTATOR LIMITED’s Website, where applicable. For the avoidance of doubt, THE CARRIAGE COMMENTATOR LIMITED does not accept payment by cash or cheque. We charge your debit or credit card on receipt of your order or take payment via PayPal.
Out of stock goods
(e) In the event that you place an order for goods that are out of stock, THE CARRIAGE COMMENTATOR LIMITED will inform you if it is awaiting stock and the anticipated arrival date of such stock. THE CARRIAGE COMMENTATOR LIMITED will hold your payment and order and dispatch your goods as soon as the stock arrives. You may elect for THE CARRIAGE COMMENTATOR LIMITED to refund your card and to re-purchase on arrival of the stock. In this event, THE CARRIAGE COMMENTATOR LIMITED will notify you via email that stock has arrived and you will be required to place your order again. Please note that customers who have not opted for the refund will take preference. We will not substitute or replace any out of stock item without your prior consent.
(f) When purchasing goods, you will be required to pay extra for delivery (unless stated otherwise) and it might not be possible for us to deliver to some locations. Our delivery charges are set out on the Website and THE CARRIAGE COMMENTATOR LIMITED’s brand websites, where applicable. All postage and packing charges are subject to change without notice.
(g) Unless otherwise specified on the relevant Website, THE CARRIAGE COMMENTATOR LIMITED only delivers goods and provides services to residents in the United Kingdom mainland only. We do not accept orders from outside the United Kingdom unless expressly stated otherwise on the Website.
(h) We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order.
(i) THE CARRIAGE COMMENTATOR LIMITED endeavours to deliver all goods that are in stock within thirty (30) calendar days of your order. THE CARRIAGE COMMENTATOR LIMITED will notify you if there is the likelihood of any delay and agree with you a revised delivery time.
(j) You will become the owner of the goods you have ordered when they have been delivered to you and we have received payment. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss, damage or destruction.
(k) We will be under no liability for any delay or failure to deliver goods or services, including digital content, if the delay or failure is wholly or partly caused by circumstances beyond our control.
(l) THE CARRIAGE COMMENTATOR LIMITED reserves the right to ship physical goods separately or via a third party supplier. Delivery charges are detailed on THE CARRIAGE COMMENTATOR LIMITED’s brand websites, where applicable.
(m) All downloads of digital content will be delivered to your personal computer or other device which initiated the download. It is your sole responsibility to ensure that your device is enabled to play or access the digital content.
(n) You agree that as soon as you download any digital content you will not have the right to cancel your order and receive a refund i.e. as soon as the file download commences or access to the online ‘paid for content' is granted. Please note that this means you will not be able to receive refunds for downloads or access to paid content once you have commenced the download or been granted access to the paid content.
(o) Subject to paragraph (n) and (s) of this section, if you are a consumer, then you may cancel your contract to purchase the goods you order at any time up to the end of the fourteenth (14th) calendar day after the date you receive the ordered goods. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.
(p) If you have received the goods for an order that you have already cancelled (in accordance with paragraph (o) above), you must send the goods back to our contact address at your own cost and risk within fourteen (14) calendar days after receiving the ordered goods. You must take reasonable care of the ordered goods whilst they are in your possession. If you cancel your order prior to receiving the goods but where we have already processed and subsequently deliver the goods, you must not unpack the goods and you must send the goods back to us at our contact address within fourteen (14) calendar days. The cost of sending the goods back will initially be paid by you (see paragraphs (r), (t) and (u)).
(q) When purchasing digital content (e.g. downloads of music, videos or digital versions of magazines, or access to online ‘paid for content'), if you are a consumer you may (subject to paragraph (n)) cancel your contract to purchase the services within fourteen (14) calendar days after the day the contract was entered to purchase the digital content, provided you haven’t downloaded such digital content. Notice may be given using the Customer Care details below.
Incorrect / faulty / damaged goods
(r) If the ordered goods you receive are incorrectly supplied, faulty or damaged on delivery then you may cancel your contract with us providing you do so by contacting us by email or telephone (on the number printed on the advice note sent with your goods) and returning the goods within thirty (30) calendar days after the date you receive the ordered goods. We will examine the goods on their return to us, to confirm if they were incorrectly supplied, faulty or damaged. Goods returned by you because they were incorrectly supplied, faulty or damaged will be refunded in full. We will also refund the delivery charges for sending the goods to you and the cost incurred by you in returning the goods to us provided you have selected the least expensive, common and generally acceptable kind of delivery offered by us to send the goods to you and for you to return the goods to us. If you have selected a premium delivery method, we will reimburse you the amount that it would have cost you if you had chosen the least expensive, common and generally acceptable kind of delivery offered by us.
You may contact the supplier of your goods in relation to your order by telephone at the number provided on your order notification e-mail. Liability
Please see paragraph 11.
7. Forum Rules
Use of any forum on the Website ("Forum") indicates your acceptance of these Forum Rules and any relevant specific rules relating to a particular Forum, if applicable. In the event of a conflict between the Forum Rules set out below and any Forum specific rules, the Forum specific rules will prevail. Please note that we actively monitor the activities in our Forums.
(a) Companies/individuals must not use the Forum to advertise any goods or services. Please contact THE CARRIAGE COMMENTATOR LIMITED to find out more about advertising opportunities.
(b) THE CARRIAGE COMMENTATOR LIMITED reserves the right, in its sole discretion, to remove access to the Forum for any Users for any reason.
(c) Users may not post rude or abusive messages, including personal attacks on other Users.
(d) Users may not post defamatory or other insulting or inappropriate messages.
(e) Users may not place any material onto the Forum that infringes the intellectual property rights or other rights of any third party or breaches any applicable laws.
(f) THE CARRIAGE COMMENTATOR LIMITED reserves the right to take appropriate action in the event of any suspected infringement of any applicable law.
(g) Users may not use any Forum for transmitting any spam, junk mail, or any other form of commercial solicitation.
(h) Users may not post onto any Forum anything that contains any software viruses or any other code, file, program designed to harm the function of any computer or telecommunications equipment.
(i) Users must not collect or store (or attempt to collect or store) any personal data that it may receive about other Users of any Forum.
(j) If under the age of 18 years, a User will need to obtain a parent or guardian's permission before posting anything onto the Forum.
(k) Comments submitted to any Forum may be recorded and stored in multiple places, both on the Website and elsewhere on the internet. These comments may be accessible for a long time and Users will not have control over who may read them. Users should be careful and selective over the personal information they disclose about themselves and others. In particular Users should not disclose sensitive, embarrassing, proprietary or confidential information in any comments made on any Forum. Users should not include sensitive personal details (like e-mail or physical addresses or telephone numbers) anywhere on the Forum, but particularly on public message boards. We take no responsibility for any issues arising from any User's disclosure of any such information on any Forum.
(l) Any User who includes a link from any other website to the Website will ensure that such a link opens in a new browser window and will link to the full version of an HTML formatted page of the Website. Users are not permitted to link directly to any image hosted on the Website, such as using an "in-line" image linking method to cause the image hosted by us to be displayed on another website. Users agree not to download or use images hosted on the Website on any other website for any purpose, including but not limited to posting such images on another website. Users agree not to link from any other website to the Website in any manner causing the Website or any page of the Website to be surrounded or obfuscated by any third party content, materials or branding. THE CARRIAGE COMMENTATOR LIMITED reserves the right to insist that any link to the Website is removed or discontinued, and to revoke the right of any User to link to the Website from any other website at any time.
(m) THE CARRIAGE COMMENTATOR LIMITED reserves the absolute right to use any submission to any Forum in any format or media, whether now known or hereafter invented.
(n) Users waive their moral rights to object to any derogatory treatment, or to be identified as the author of any post made on any Forum.
(o) If a User fails to adhere to these, or any applicable Forum specific rules, THE CARRIAGE COMMENTATOR LIMITED reserves the right to terminate the User's participation on any Forum.
(p) The Forums may not be moderated. THE CARRIAGE COMMENTATOR LIMITED reserves the right to remove or edit any posting on any Forum that contravenes these, or any applicable Forum specific rules.
(q) Users of any Forum use the Forum entirely at their own risk. As such, to the extent permitted by law, Users release THE CARRIAGE COMMENTATOR LIMITED, its directors, contractors and employees from all liability arising out of or in connection with the Forum and the material submitted to it by third parties. For the avoidance of doubt, THE CARRIAGE COMMENTATOR LIMITED takes no responsibility for any of the views expressed on any Forums.
(r) Problems or complaints regarding any Forum should be directed to the Forum’s moderator via the private message function on the forum.
8. Data Protection
9. Third Party Advertising, Sites and Links
The Website may contain links to third party websites which are controlled and operated by parties other than THE CARRIAGE COMMENTATOR LIMITED. The links will let you leave the Website and THE CARRIAGE COMMENTATOR LIMITED is not responsible for any content of any linked site or any link contained in a linked site. The inclusion of any link on the Website does not imply endorsement by THE CARRIAGE COMMENTATOR LIMITED of the linked site. If you decide to access linked third party websites, you do so at your own risk.
The Website contains advertising submitted by third parties. Such third parties are solely responsible for the content of such advertising and for ensuring that it complies with all relevant legislation and regulations. We do not accept any responsibility for the content of any third party advertising.
You may link to our Website home page, provided that you do so in a way that is fair and legal and does not (in our opinion) damage our reputation or take advantage of it, but you must not establish a link in such a way so as to suggest any form of association, approval or endorsement on our part where none explicitly exists. You must not establish a link from any website that is not owned by you.
Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than our home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy (paragraph 5). If you wish to make any use of the Material other than set out above, please address your request to firstname.lastname@example.org.
10. Disclaimer and Limitation of Liability
THE CARRIAGE COMMENTATOR LIMITED does not limit its liability for (i) death or personal injury to the extent only that it arises as a result of the negligence of THE CARRIAGE COMMENTATOR LIMITED or its employees, (ii) fraudulent misrepresentation and (iii) any other liability that we are not permitted to limit or exclude under applicable law. The remainder of this section will not apply to such liability.
Notwithstanding the foregoing, nothing is intended to limit any rights you might have as a consumer under applicable UK law, including the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
Any commentary and other materials posted on our Website are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Website, or by anyone who may be informed of any of its contents.
We will not be liable to you if we are prevented or delayed from complying with our obligations under THE CARRIAGE COMMENTATOR LIMITED Selling Terms by anything you do (or anyone acting on your behalf) does or fails to do or due to events which are beyond our reasonable control.
We warrant to you that any goods or services purchased from THE CARRIAGE COMMENTATOR LIMITED will be of a satisfactory quality and reasonably fit for purpose for which goods of the kind are commonly supplied. However our total liability to you for any breach of this warranty will be limited to the purchase price of the goods or services only. We will have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods or services in question.
You acknowledge that THE CARRIAGE COMMENTATOR LIMITED, its directors, contractors, agents and employees shall not be liable to you in contract, tort, or otherwise for: any economic loss, (including without limitation, loss of revenue, business, contracts, profits or anticipated savings); any loss of goodwill or reputation; any loss of data; or any special, indirect or consequential loss that may result to you or a third party arising from your use of the Website (unless expressly set out otherwise in these User Terms).
You further acknowledge that THE CARRIAGE COMMENTATOR LIMITED gives no warranties of any kind in relation to the Website or the Material, and the Website is made available to you on an ‘as is' basis. These User Terms are in lieu of all warranties, conditions, undertakings, terms, and obligations implied by statute, common law, usage, course of dealing or otherwise, all of which are excluded to the fullest extent permitted by law.
THE CARRIAGE COMMENTATOR LIMITED does not accept any liability for links on the Website to third party sites. If you decide to access linked third party sites you do so at your own risk. To the extent that THE CARRIAGE COMMENTATOR LIMITED is deemed by a court of competent jurisdiction to have any liability to you in contract, tort (including negligence) or otherwise in relation to the Website, THE CARRIAGE COMMENTATOR LIMITED's entire liability will be limited to £1,000 for any one incident or series of related incidents and up to £2,000 for all incidents in any period of twelve (12) months.
The liability of any third party seller will be as set out in their own terms and conditions with you.
11. Variation to the User Terms
THE CARRIAGE COMMENTATOR LIMITED reserves the right to vary the User Terms from time to time. Please check the User Terms regularly as your continued use of the Website following THE CARRIAGE COMMENTATOR LIMITED's posting of the amended User Terms will be regarded by THE CARRIAGE COMMENTATOR LIMITED as your acceptance of such amended User Terms. You should regularly review these User Terms to keep up-to-date with any changes.
You may send a legal notice to THE CARRIAGE COMMENTATOR LIMITED, or any questions you may have concerning these User Terms by email to email@example.com or by writing to The Carriage Commentator Limited, Martin & Co., 25 St. Thomas Street, Winchester SO23 9HJ. Such notices will be effective five (5) calendar days after sending. THE CARRIAGE COMMENTATOR LIMITED may send you notice by general notice on the Website, by email to your email address on record with THE CARRIAGE COMMENTATOR LIMITED, or by post to the address on record with THE CARRIAGE COMMENTATOR LIMITED. Such notice will be effective if sent by email or posted on the Website, immediately from the date it was sent or posted on the Website. If sent by regular post, it will be effective three (3) calendar days after posting by THE CARRIAGE COMMENTATOR LIMITED.
For the purposes of these User Terms together with any other specific terms published on the Website, THE CARRIAGE COMMENTATOR LIMITED will mean The Carriage Commentator Limited and/or any THE CARRIAGE COMMENTATOR LIMITED group company (meaning a THE CARRIAGE COMMENTATOR LIMITED subsidiary or holding company, or a subsidiary of that holding company all as defined by section 1159 of the Companies Act 2006 ("THE CARRIAGE COMMENTATOR LIMITED Group Company").
These User Terms form the entire agreement between you and THE CARRIAGE COMMENTATOR LIMITED and supersede any other oral or written communications, agreements or representations with respect to your use of the Website.
If any part of these User Terms is held by a court of competent jurisdiction to be unenforceable, the validity of the remainder of these User Terms will not be affected. You acknowledge that THE CARRIAGE COMMENTATOR LIMITED has entered into these User Terms for its own benefit and for the benefit of each THE CARRIAGE COMMENTATOR LIMITED Group Company and these User Terms are intended to be enforceable by each THE CARRIAGE COMMENTATOR LIMITED Group Company by virtue of the Contracts (Rights of Third Parties) Act 1999.
Other than a THE CARRIAGE COMMENTATOR LIMITED Group Company, a person who is not a party to these User Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these User Terms but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
Nothing in these User Terms will be construed as creating a partnership, joint venture or agency relationship between you and THE CARRIAGE COMMENTATOR LIMITED. If THE CARRIAGE COMMENTATOR LIMITED or any contractor of THE CARRIAGE COMMENTATOR LIMITED is unable to perform any obligation under these User Terms because of a matter beyond its reasonable control, including (but not limited to) fire, flood, explosion, war, civil disorder, industrial disputes (whether or not involving its employees), or other disasters or governmental laws and regulations imposed after the fact, or events beyond the reasonable control of THE CARRIAGE COMMENTATOR LIMITED or THE CARRIAGE COMMENTATOR LIMITED contractor, neither THE CARRIAGE COMMENTATOR LIMITED nor any THE CARRIAGE COMMENTATOR LIMITED contractor will have any liability for that failure to perform.
No waiver by THE CARRIAGE COMMENTATOR LIMITED of a breach of any provision of these User Terms will be considered to be a waiver of any prior or subsequent breach of the same or any other provisions and no waiver will be implied by THE CARRIAGE COMMENTATOR LIMITED taking or failing to take any other action.
Your use of the internet is solely at your risk and subject to all applicable laws, and THE CARRIAGE COMMENTATOR LIMITED has no responsibility for any information, software, services or other materials accessed or obtained by you using the internet.
These User Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) will be governed by and construed in accordance with the laws of England and Wales and are subject to the exclusive jurisdiction of the courts of England and Wales in relation to all matters arising out of or in connection with these User Terms (including non-contractual disputes or claims), although we reserve the right to bring proceedings against you for breach of these User Terms in your country of residence or any other relevant country.
14. Editorial Complaints
The Carriage Commentator Limited is a responsible publisher and is regulated by the Independent Press Standards Organisation (IPSO). We work hard to achieve the highest standards of editorial content, and we are committed to complying with the Editors’ Code of Practice (https://www.ipso.co.uk/IPSO/cop.html) as enforced by IPSO.
If you have a complaint about our editorial content, you can email us at firstname.lastname@example.org or write to The Editor, The Carriage Commentator Ltd., The Coach House, Baughurst Road, Baughurst, Hampshire RG26 5LL. Please provide details of the material you are complaining about and explain your complaint by reference to the Editors’ Code.
We will endeavour to acknowledge your complaint within three (3) working days and we aim to correct substantial errors as soon as possible.
15. Commercial Content at THE CARRIAGE COMMENTATOR - Labelling Conventions
Some of the content we create at THE CARRIAGE COMMENTATOR LIMITED is may be paid for by trusted third parties. This content can take a variety of forms, but it will typically be labelled with one of the labels listed below so that you can identify where this is the case, understand how the content has been created and be clear on the extent of the third party’s involvement.
“In partnership with”
This term is used to describe content which is wholly or partly funded by a trusted third party but which is editorially independent and over which THE CARRIAGE COMMENTATOR LIMITED has full editorial control. The content is written by our editorial teams and is subject to the same rules, regulations and standards of professional journalism as apply to all of our editorial content. The content will not be submitted to our partners for approval. The partner may approach us with ideas and themes for inclusion, which are discussed with our editorial team before entering into a partnership arrangement. Our editorial team is not obliged to accept a partnership arrangement and will only do so where they decide that the proposed partnership does not compromise their editorial integrity.
This term is used to describe advertisement features, the content of which is paid for and controlled by the advertiser, or jointly controlled with THE CARRIAGE COMMENTATOR LIMITED. This type of content is created by our commercial team in collaboration with the advertiser, who will have the right to approve the content and suggest amendments. The content is subject to the regulation of the Advertising Standards Authority, the UK’s independent regulator of advertising across all media.
16.Subscribing to THE CARRIAGE COMMENTATOR LIMITED
1. Details of the costs of subscribing to THE CARRIAGE COMMENTATOR LIMITED are as set out on Our Website and accordingly updated from time to time.
2. Payment for access to the Website is for a 30 day period of time. There are options to pay for one 30 day period or take out an ongoing subscription which will allow ongoing access to the website. Should you cancel this subscription at any time then you will forfit your right to have full access to the Website.
3. By accepting these terms and conditions, you do instruct us to give you immediate access to the Website.
4. At any time before expiry of your subscription to the Website you may use the “Login” tab to access your personal information and change your renewal membership status or cancel renewal.
5. Other than the limitation set out above subscription to THE CARRIAGE COMMENTATOR LIMITED is non-refundable and non-transferable.
6. Apart from your cancellation right, termination of subscription will be regulated by this contract set out below.
7. We reserve the right to modify THE CARRIAGE COMMENTATOR LIMITED rules or system and to change the terms and conditions of this agreement at any time, without notice. Your continued use of THE CARRIAGE COMMENTATOR LIMITED after such modifications shall be deemed an acceptance by you to be bound by the terms of the modified agreement. The terms that apply to you are those Posted here on Our Website on the day you join as a subscriber.
Your account and personal information -
8. When you visit Our Website, you accept responsibility for any action done by any person using your name, account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
9. You agree that you have provided accurate, up to date, and complete information about yourself. We are not responsible for any error made as a result of such information being inaccurate.
10. You agree to notify us of any changes in your information immediately it occurs. If you do not do so, we may terminate your account.
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