Terms and Conditions for Photo Mess to Success
Clear Bubble Solutions Ltd trading as Clear Bubble Photo Organising is a photo organising and digitising service provider of Photo Mess to Success Online & in Person Course and Workshops
ONLINE COURSE & COURSE WEBSITE TERMS & CONDITIONS
PURPOSE OF THIS DOCUMENT
This document describes both the Online Course and Website Terms and Conditions
The Online Course Terms and Conditions, in addition to the Website Terms of Use, apply to the use of the Website and purchase of any Online Course. Please read these Terms and Conditions carefully before purchasing an Online Course and print off a copy for your records.
Clear Bubble Solutions Ltd will not file or otherwise keep a copy of any agreement concluded between you and Clear Bubble Solutions Ltd, and a copy of the concluded agreement will not be available from Clear Bubble Solutions Ltd at a future time and date.
By purchasing on the Website you are confirming your agreement to be bound by these terms and conditions.
If there is any conflict between these Terms and Conditions, and the Website Terms of Use, the conflict shall be resolved according to the following order of priority;
1. Online Course Terms and Conditions;
2. The Website Terms of Use.
I. ONLINE COURSE TERMS AND CONDITIONS
The Online Courses are for training purposes only. Clear Bubble Solutions Ltd will not accept any responsibility to any party for the use of the Course Materials for any purpose other than training for educational purposes, including but not limited to the giving of advice by you to any third party.
Clear Bubble Solutions Ltd will process the information it receives from you or otherwise holds about you in accordance with these Terms and its privacy policy. You consent to the use by Clear Bubble Solutions Ltd of such information in accordance with these Terms and Clear Bubble Solutions Ltd's privacy policy.
1. Definitions
· "Clear Bubble Solutions Ltd" means Clear Bubble Solutions Ltd, trading as Clear Bubble Photo Organising;
· "Course Fee" means the fee payable for the Online Course including VAT. At the point of checkout any other applicable charges will be added.
· "Course Materials" means the materials provided by Clear Bubble Solutions Ltd in the course of the delivery of the Online Course, which may be (i) downloaded from the Website or (ii) accessed and viewed on, or through the Website; or (iii) the Study Materials (or a combination of (i) and (ii) and (iii));
· "Online Course" means the Course Materials, Online Study Materials, Study Materials or any other set of online materials, provided by Clear Bubble Solutions Ltd Training, either delivered in the form of a Self-Paced Online Course, Synchronous Online Course, Blended Learning Course, Step-by-step modules, (this is not an exhaustive list);
· "Online Study Materials" means, but is not limited to, Online Tests, Online Tutorials, Online Printable Slides, and Online Downloads;
· "Study Materials" means, but is not limited to, course companions, revision companions, combined companions, Online Study Materials, eBooks and study texts (this is not an exhaustive list);
· "Self-Paced Online Course" means an online course which does not have a predetermined start date and is available for study by you immediately following purchase;
· "Synchronous Online Course" means an online course which is only available for access by you on a predetermined start date;
· "Blended Learning Course" means an online course which uses traditional classroom components (e.g., face-to-face sessions), which is only available for access by you on a predetermined start date;
· "Classroom Courses" means a traditional classroom course (e.g., face-to-face course), which is only available on a predetermined start date;
· "Terms" means these Online Course Terms and Conditions and the Website Terms of Use if you register on the Website;
· "Website" means https://www.photomesstosuccess.co.uk;
· "Clear Bubble Solutions Ltd Training Website" means https://www.photomesstosuccess.co.uk;
· "You" means the individual registering on the Website. In volume licenses, "you" means the individual accessing the Website.
2. Ordering Procedures
1. Ordering:
1. In order to purchase an Online Course via the Website use the Website purchase portal
2. When purchasing an Online Course via the Website, you can change your order at any time, up to the point at which you confirm the payment, by pressing the button "Pay Now".
3. When you place an order for an Online Course via the Website, you are offering to purchase that Online Course on these Terms. Clear Bubble Solutions Ltd reserves the right to decline or cancel your order, or any part of your order.
4. Following receipt by Clear Bubble Solutions Ltd of your order for an Online Course via the Website you will receive an automated email confirming that your order has been received by Clear Bubble Solutions Ltd. Your order will be subject to acceptance by Clear Bubble Solutions Ltd of your offer to purchase in accordance with Clause 2.5 below.
5. A legally binding agreement shall not come into existence until Clear Bubble Solutions Ltd has accepted your offer to purchase an Online Course by either sending you an acceptance confirmation email or unlocking your access to the Online Course purchased.
6. Clear Bubble Solutions Ltd reserves the right to withdraw at any time Online Courses advertised for sale on the Website and/or other Marketing Materials.
3. Terms and VAT
1. The Course Fee for any Online Course at any given time will be displayed on the Website. Course Fees are inclusive of VAT and are quoted in pounds sterling, exclusive of any delivery charges payable in relation to delivery of Course Materials. Where applicable, all additional charges will be added to this price.
2. The Course Fee and any delivery charges payable in relation to delivery of Course Materials, if applicable, will be shown in the checkout area, prior to completion of the online transaction;
3. Clear Bubble Solutions Ltd will debit the Course Fee from your credit card or debit card on or after the day you make an order for an Online Course. Credit or debit card details are collected through Stripe, over a secure link and an authorised amount verification is taken immediately. We do not store credit card details nor do we share customer details with any third parties.
4. Clear Bubble Solutions Ltd reserves the right from time to time to change the amount of the Course Fee. In the unlikely event that due to a technical error, the amount of the Course Fee displayed on the Website or other Marketing material is incorrect, or the Course Fee has been changed on the Website but other materials out of date, Clear Bubble Solutions Ltd will notify you as soon as it reasonably can. If the correct amount of the Course Fee is higher than the amount displayed on the Website and/or other material then Clear Bubble Solutions Ltd will contact you to notify you of the correct Course Fee, so you can decide whether or not you wish to continue with your order of the Classroom Course at the increased Course Fee. If you decide you want to cancel your order Clear Bubble Solutions Ltd will give you a full refund in respect of any amount you have already paid in accordance with Clause 4. If the correct Course Fee is lower, Clear Bubble Solutions Ltd will refund you the difference only between the amount which you have paid and the correct Course Fee payable.
5. The provision of the Online Course is contingent upon Clear Bubble Solutions Ltd having received cleared funds in respect of the Course Fee for the relevant Online Course.
6. When paying for a course, you are purchasing a licence. This means that you will be automatically enrolled and able to access the Online Course content for a period as defined on the Website.
7. The license starts from the course payment date.
8. VAT and e-Learning:
o The UK VAT rate at present is set at 20%.
o If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
4. Cancellation, Deferral and Refund Terms
1. Cancellations should be notified in writing. You will be eligible for a refund if you have not accessed the content and if the license you are cancelling is still valid. If this is the case you will be entitled to a full refund (less a 12% administration fee).
2. For all Online Courses, Clear Bubble Solutions Ltd may cancel at any time up to 5 working days prior to the commencement of such Online Course. If Clear Bubble Solutions Ltd cancel an Online Course, Clause 4.3 below will apply.
3. If you or Clear Bubble Solutions Ltd cancel an Online Course then subject to Clauses 4.1 and 4.2, Clear Bubble Solutions Ltd will credit the Course Fee to your credit or debit card (that you used to pay the Course Fee) as appropriate within 28 days of receiving your notice of cancellation/giving notice to you of such cancellation.
4. You may defer a course if you have not accessed the material within the license timeframe. Defer your order by contacting Clear Bubble Solutions Ltd at amanda@clearbubble.co.uk.
5. Please note that you cannot cancel your purchase of an Online Course if you have downloaded any of the Course Materials and/or accessed all or part of the Online Course in any way. Your statutory rights in the event of receiving faulty goods are not affected.
6. Except as set out in Clauses 4.1 and 4.4, no cancellations and no deferrals will be permitted by you for an Online Course.
7. Clear Bubble Solutions Ltd reserves the right to use its discretion to determine whether to make refunds and/or deferrals in exceptional circumstances which fall outside Clause 4.1and Clause 4.3 and to charge additional fees in any such event.
5. Online Course Content and Access Terms
1. Please see the description of the Online Course on the Clear Bubble Solutions Ltd Training Website, www.photomesstosuccess.co.uk, for details of the contents of the available Online Courses.
2. Except as set out in the description of the Online Course on the Clear Bubble Solutions Ltd Training Website, www.photomesstosuccess.co.uk, no additional Course Materials will be provided by Clear Bubble Solutions Ltd.
3. Your access to a Self-Paced Online Course will be automatically unlocked upon your payment. Regarding other types of Online Course with a predetermined start date, Clear Bubble Solutions Ltd will notify you of when you will have access to the Online Course purchased and for the length of time such access will be made available to you, unless any such Online Course is removed or cancelled.
4. The receipt of an Online Course is personal to you and you may not transfer your rights to access the Online Course or provide an Online Course to any other person.
5. You may incur charges to your internet service provider while you are accessing and / or downloading the Course Materials. Charges may also be payable to third parties for use of the software necessary to access and / or download the Course Materials. You are responsible for paying these charges.
6. System Requirements
Please note that it is your responsibility to check that the computer you plan to use to access your Course Materials and the Online Course is compatible with the minimum system requirements that relates to the Online Course you are ordering. You acknowledge and accept that Clear Bubble Solutions Ltd cannot be held responsible for any technical problems you encounter following the purchase of an Online Course.
7. Modifications to content of existing courses or technology enhancements
From time to time, Clear Bubble Solutions Ltd may make modifications, enhancements or issue clarifications to the audiovisual, interactive or written Online Courses. You will have access to such changes free of charge only to the extent that such changes relate to the Online Course purchased by you, and if within the period covered by your license.
8. Annual (or other term) Updates
1. For the avoidance of doubt, purchase of a current Online Course does not entitle you to have access to future revised Online Courses as part of the original purchase.
9. Technical Support and Access
1. Clear Bubble Solutions Ltd will provide technical support to individuals who have purchased an Online Course in respect of the Online Course purchased, in accordance with the provisions referred to below.
2. If you report a fault to Clear Bubble Solutions Ltd, Clear Bubble Solutions Ltd will use reasonable endeavours to provide a solution but Clear Bubble Solutions Ltd does not guarantee that the technical support provided will resolve your technical problems. Clear Bubble Solutions Ltd does not give any warranties as to the technical advice given. If you receive technical advice from Clear Bubble Solutions Ltd, then Clear Bubble Solutions Ltd will not accept any responsibility for any problem.
3. Clear Bubble Solutions Ltd is not obliged to offer you any technical support in relation to your use of any of the free demonstrations available on the Website, but Clear Bubble Solutions Ltd may elect to offer technical support and the extent of any such technical support is entirely at the discretion of Clear Bubble Solutions Ltd.
4. 4You accept and acknowledge that periods of downtime may be required in respect of the information technology infrastructure connected to the Website and that technical support may not be available during such periods of downtime. Further you accept that you will not have a claim for breach of contract or otherwise in respect of such period of unavailability.
5. 5Clear Bubble Solutions Ltd will use reasonable endeavours to make the Online Course available but cannot guarantee uninterrupted, timely or error free availability or that defects will be corrected. Clear Bubble Solutions Ltd reserves the right to suspend access to the Website for the purpose of scheduled or emergency maintenance, repairs or upgrades to improve the performance or functionality of the Website.
6. You also accept and acknowledge that Clear Bubble Solutions Ltd cannot be held responsible for any delay or disruptions to your access to the Online Course as a result of such suspension or any of the following:
o The operation of the internet and the World Wide Web, including but not limited to viruses;
o Any firewall restrictions that have been placed on your network or the computer you are using to access the Online Course;
o Failures of telecommunications links and equipment; or
o Updated browser issues.
7. In order to access the Online Course you will need to comply with the minimum system requirements.
10. Warranties
1. Clear Bubble Solutions Ltd will provide the Course Materials in accordance with the Online Course description which is set out on the Clear Bubble Solutions Ltd Training Website, www.photomesstosuccess.co.uk (please see clause 5.1).
2. Clear Bubble Solutions Ltd expects you to take reasonable care to verify that the Online Course and Course Materials in question will meet your needs. Clear Bubble Solutions Ltd does not make any commitment to you that you will obtain any particular result from your use of the Course Materials or that you will obtain any particular qualification on completion of the Online Course (unless otherwise stated on the Clear Bubble Solutions Ltd Training Website www.photomesstosuccess.co.uk).
3. Clear Bubble Solutions Ltd does not make any representation, guarantee or commitment to you that the Course Materials will be error free.
4. Clear Bubble Solutions Ltd does not make any commitment that the Course Materials will be compatible with or operate with your software or hardware.
5. All representations, warranties and / or terms and / or commitments not expressly set out in these Terms (whether implied by law, conduct, statute or otherwise) are hereby excluded to the maximum extent permissible at law.
11. Limitation of liability
1. The exclusions and limitations of liability contained in these Terms do not apply to a party's liability: (i) for fraud or willful default; (ii) for death or personal injury caused by its negligence; or (iii) where such limitation or exclusion cannot lawfully be excluded.
2. Except as set out in these Terms, Clear Bubble Solutions Ltd shall not be responsible for losses that result from its failure to comply with these Terms including, but not limited to, losses that fall into the following categories:
o Indirect or consequential losses;
o Loss of income or revenue;
o Loss of business;
o Loss of anticipated savings; or
o Loss or corruption of data.
3. Clear Bubble Solutions Ltd is not responsible to you for any data that you lose either (a) as a result of accessing the Course Materials or (b) during completion of any Online Course via the Website. It is your responsibility to ensure that you regularly save and back up (i) all data which you hold on the computer from which you are accessing the Course Materials and (ii) all data that you are inputting when completing the Online Course.
4. Save as otherwise set out in this section "Limitation of liability", Clear Bubble Solutions Ltd's maximum aggregate liability to you for any claims that you may have against Clear Bubble Solutions Ltd for direct loss in contract, tort or otherwise arising out of or in connection with these Terms, the Online Course, your use of the Course Materials and any technical support shall be limited to the amount of the Course Fee which has been paid, or is payable, by you or on your behalf.
5. Clear Bubble Solutions Ltd will not be held responsible for any delay or failure to comply with its obligations under these Terms if the delay or failure arises from any cause which is beyond Clear Bubble Solutions Ltd's reasonable control. This condition does not affect your statutory rights.
6. Each provision in this Clause 11 shall be construed separately as between you and Clear Bubble Solutions Ltd. If any part is held to be unreasonable, inapplicable, or unenforceable, but would be valid if some part thereof was deleted such provision shall apply but with such modification as may be necessary to make it valid and effective.
12. Disclaimer
The Online Courses are for training purposes only. Clear Bubble Solutions Ltd will not accept any responsibility to any party for the use of the Course Materials for any purpose other than training for educational purposes, including but not limited to the giving of advice by you to any third party.
13. Intellectual Property
1. At all times, Clear Bubble Solutions Ltd and / or its licensors, remain the owners of the intellectual property in the Online Courses, the Course Materials content. No Online Course and / or Course Materials, nor any part of it may be reproduced, stored in a retrieval system or transmitted any form or by any means without the prior written permission of Clear Bubble Solutions Ltd.
2. In consideration of receipt by Clear Bubble Solutions Ltd of the Course Fee, Clear Bubble Solutions Ltd grants to you a non-exclusive, non-transferable licence to use the Course Materials content for the sole purpose of studying for the Online Course. For the Online Study Materials, the licence granted is to use them on one computer (such as a desktop or a laptop) and one mobile device (such as a smartphone or a tablet) only.
3. You are not authorised to:-
i. copy, modify, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit or distribute any of the Course Materials without prior written permission;
ii. record on video or audio tape, relay by videophone or other means the Online Course or Taught Course given
iii. use the Course Materials in the provision of any other course or training whether given by us or any third party trainer;
iv. remove any copyright or other notice of Clear Bubble Solutions Ltd on the Course Materials;
v. modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software forming part of the Online Courses.
4. Breach by you of this clause 13.3 shall allow us to immediately terminate these terms and conditions with you and cease to provide you with any Services, including but not limited to access to the Online Courses.
5. The name 'Photo Mess to Success' is a registered trademark (®) and may not be used, reproduced, or imitated in any manner without the express written consent of Clear Bubble Solutions Ltd, as registered under the laws of the United Kingdom.
14. Data Protection
Clear Bubble Solutions Ltd will process the information it receives from you or otherwise holds about you in accordance with these Terms and its privacy policy. You consent to the use by Clear Bubble Solutions Ltd of such information in accordance with these Terms and Clear Bubble Solutions Ltd's privacy policy. For more information, please refer to Clear Bubble Solutions Ltd's privacy policy.
15. General
1. Clear Bubble Solutions Ltd may update or amend these Terms from time to time to comply with law or to meet its changing business requirements without notice to you. Any updates or amendments will be posted on the Website.
2. These Terms and the Website Terms of Use (if you registered on the Website) constitute the entire agreement and understanding between us and supersedes and replaces any other terms and conditions previously published by us and any other understanding, undertaking, representation, warranty, arrangement or statement of any nature whatsoever made by us to you, whether oral, written or otherwise, relating to the subject matter of these Terms.
3. You may not assign or sub-contract any of your rights or obligations under these Terms to any third party unless we agree in writing.
4. Clear Bubble Solutions Ltd may assign, transfer or sub-contract any of its rights or obligations under these Terms to any third party at its discretion.
5. No relaxation or delay by Clear Bubble Solutions Ltd in exercising any right or remedy under these Terms shall operate as waiver of that right or remedy or shall affect its ability to subsequently exercise that right or remedy. Any waiver must be agreed by Clear Bubble Solutions Ltd in writing.
6. If any of these Terms are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these Terms shall remain in full force and effect.
7. Any notices required to be served on you by Clear Bubble Solutions Ltd under these Terms will be deemed properly served if sent via prepaid postage to the postal address, or emailed to the email address, notified by you to Clear Bubble Solutions Ltd at Clear Bubble Solutions Ltd's discretion. Any notices required to be served on Clear Bubble Solutions Ltd by you will be deemed properly served if sent to the address as per clause 16, or when receiving a reply form Clear Bubble Solutions Ltd after contacting the Clear Bubble Solutions Ltd Customer Services.
8. A notice delivered personally is deemed to be given on the day on which it was left at the specified address. A notice sent by post is deemed to be given on the day it was posted as evidenced by the sender. A notice sent by fax or email is deemed to be given on the day it was sent.
9. The agreement between you and Clear Bubble Solutions Ltd will be concluded in English only.
10. The agreement between you and Clear Bubble Solutions Ltd which is compromised in these Terms is not intended to be for the benefit of any third party, and shall not be exercised by any other person under the Contract (Rights of Third Parties) Act 1999 or otherwise.
11. These Terms, and any other matters arising out of or in relation to these Terms, are governed by and construed in accordance with the laws of England and Wales. You agree to submit to the exclusive jurisdiction of the English courts to settle any disputes which may arise out of or in connection with these Terms.
16. Force Majeure
Clear Bubble Solutions Ltd shall not be liable to you for any breach of its obligations or termination under these terms and conditions arising from causes beyond its reasonable control, including, but not limited to, fires, floods, earthquakes, volcanoes and other Acts of God, terrorism, strikes, delay caused by transport disputes, failure to provide a course caused by a death in the trainer’s family, illness of the trainer, Government edict or regulation.
15. Contact us
If you have any questions regarding this policy, please email us at amanda@clearbubble.co.uk or telephone 07821 526511
II. The Website Terms of Use
Please read these terms and conditions (the "Terms"), which apply to your use of Clear Bubble Solutions Ltd's services and products including but not limited to courses, programmes and study materials (collectively the "Products") and also to your use of the following websites, including any subdomains thereof (collectively the "Websites"):
Please read our Privacy Policy, which applies to any personal data collected from you when you use any of the Products and/or Websites or send personal data to Clear Bubble Solutions Ltd by any other means.
1. If you do not accept these terms
Access to and use of any of the Websites and Products is provided by us subject to these Terms, our Privacy Policy and any terms and conditions specific to the relevant product. By using any of the Websites and/or Products you are acknowledging that you have read and accepted these Terms and the Privacy Policy. You should not use any of the Websites and/or Products if you are not happy with these Terms.
If you are using any of the Websites and/or accessing Products from outside the UK other laws may apply to your use of such Websites and/or Products. We operate the Websites and, save for where we have local offices, provide our Products from within the UK. We are not subject to local laws applicable in your country and any of the Websites and/or Products may not be compliant with those local laws. You should not use any of the Websites and/or Products unless you are happy with this position.
2. Updates and changes to these Terms
We may change these Terms from time to time by updating this page. You should review this page regularly. Your continued use of the Websites and/or Products after changes have been made will be taken to indicate that you have read and accepted those changes. You should not use the Websites and/or Products if you are not happy with any changes.
3. Intellectual property rights (including copyright)
The Websites, all the materials contained on them and the content of the Products are protected by intellectual property rights. Materials and content include, but are not limited to, the design, layout, look, appearance, graphics and documents on the website or in our courses or learning materials, as well as all other content on the Websites and/or Products such as (but not limited to) articles and other text, and other content of courses such as slides. All copyright, trademarks, design rights, patents and other intellectual property rights (registered and unregistered) subsisting in the design of, or materials on or in, the Websites and Products is either owned by us, licensed to us or we are entitled to use it.
You may not copy, redistribute, republish or otherwise make use of the materials on the Website, in our courses or learning materials or Products available to anyone else without Clear Bubble Solutions Ltd's written permission (including, but not limited to "caching" any material and "mirroring" any material):
o No materials can be modified in any way;
o No graphics are used separately from accompanying text;
o Our copyright and trade mark notices appear in all downloadable components; and
o You acknowledge the Website as the source of the material.
If you have our written permission to provide these materials and/or Products to another person, you must ensure they are made aware of these restrictions and you may be responsible to Clear Bubble Solutions Ltd for that person's non-compliance with these restrictions.
You may also permit your computer to make an electronically stored, transient copy of the content in the Websites only for the purpose of viewing it while connected to the internet (but you may only make one copy of any such content).
4. Accuracy of content on the Websites or other Clear Bubble Solutions Ltd social media channels
We do not represent that information contained on or available via the Websites or any other Clear Bubble Solutions Ltd social media channels is accurate or complete and accordingly it should not be relied on as such.
Any arrangements made between you and any other person, using or named on the Websites or any other social media channels is entirely at your own risk and responsibility.
Information contained in or accessible via the Websites or any other Clear Bubble Solutions Ltd social media channels may change from time to time. We may make improvements or alterations to the Websites or any other Clear Bubble Solutions Ltd social media channels at any time and without notice. We may modify, withdraw or deny access to the Websites or any other Clear Bubble Solutions Ltd social media channels at any time.
5. Linking to non-Clear Bubble Solutions Ltd websites
We may link to other websites which are not within our control. Such links would be provided for your convenience. In addition, other websites outside our control may link to the Websites.
We are not responsible for the content of any external sites we provide links to or which link to the Websites or any other Clear Bubble Solutions Ltd social media channels. You should exercise caution and check you are happy with the terms and conditions applicable to any other website that you visit. No link is intended to be, nor should be construed as, an endorsement of any kind by us of another website.
6. Liability
We do not guarantee that use of the Websites or any other Clear Bubble Solutions Ltd social media channels will be compatible with the hardware and software which you use, or that it will be uninterrupted or error or virus free or that any defects on the Websites or any other Clear Bubble Solutions Ltd social media channels will be fixed by us (unless we are obliged by law to fix them, for example we would fix security defects within our control in line with our obligation under the Data Protection Act 1998 to keep personal data secure).
Please ensure that you regularly check for and protect against viruses when using the Websites or any other Clear Bubble Solutions Ltd social media channels on any hardware device. We make no statement about the suitability of the content, information, products and services which is made available via the Websites or any other Clear Bubble Solutions Ltd social media channels. Accordingly, all warranties and terms and conditions implied by statute or otherwise are excluded to the fullest extent permitted by law (please see directly below for more details). For example, we make no warranty that this website is free from computer viruses or any other malicious or impairing computer program.
We exclude all liability to the fullest extent permitted by law (please see directly below for more details) for damages and direct, indirect or consequential loss (including but not limited to pure economic loss, loss of business, revenue or profits, business interruption, depletion of goodwill and like loss) incurred by you or any other person and which arises out of or in connection with your use of or inability to use the Websites or any other Clear Bubble Solutions Ltd social media channels or their content, whether that liability is in contract, tort or otherwise.
We do not exclude or limit our liability (if any) to you:
o For any breach of obligations arising under section 12 Sale of Goods Act 1979 or section 2 Supply of Goods and Services Act 1982;
o For personal injury or death resulting from negligence;
o Under section 2(3) Consumer Protection Act 1987;
o For any matter for which it would be illegal for us to exclude or to attempt to exclude liability; or
o For fraud.
The internet is not a secure means of communication and Clear Bubble Solutions Ltd cannot guarantee the security of postage or other hard copy delivery services. Emails may be intercepted by other people or organisations. You should not send any communication to us through the Websites or any other Clear Bubble Solutions Ltd social media channels or by email, postage or other hard copy delivery services, in particular which contains personal data (including sensitive personal data) and/or confidential information about you or any other person, unless you accept that any such communication is sent at your own risk and on the understanding that we would not be liable for any loss that you might suffer as a result (except for losses which cannot be excluded or limited at law, as referred to directly above).
7. Data Protection and Privacy
Any personal data which you provide to us from which we can identify you as a living individual (whether by taking that information by itself or when using it in conjunction with other information which we hold or are likely to hold) and which affects your privacy ("personal data") is processed by us in accordance with our notification as a Data Controllers at the Information Commissioner's Office and our Privacy Policy.
8. Contracting online
Nothing on the Websites is intended to be nor should be construed as an offer to enter into a contractual relationship with you or anyone else, except for these Terms which govern the relationship between us in relation to your use of the Websites and where relevant other services.
If you make a contract with a third party who is named or referred to on the Websites, it is your responsibility to ensure that you are comfortable with the terms of that contract and to take legal advice if necessary.
9. Governing Law
The terms of use of the Websites and/or Products and the formation, existence, construction, performance, validity and all aspects whatsoever of these Terms and the terms of use of any of the Products shall be governed by the laws of England and Wales.
10. Jurisdiction
The Courts of England and Wales shall have the non-exclusive jurisdiction over all claims or disputes (including non-contractual claims or disputes) arising in relation to, out of or in connection with your use of the Websites and these Terms or the terms of any Products. It is not intended that third parties shall have any rights in relation to these Terms under the provisions of the Contracts (Rights of Third Parties) Act 1999.
If any term of these Terms is found by any court or body or authority of competent jurisdiction to be illegal, unlawful, void or unenforceable, that term shall be deemed to be severed from these Terms and this shall not affect the remainder of these Terms which shall continue in full force and effect.