Terms and Conditions
The Sign Design Society Ltd
Terms & Conditions of Use: last updated August 2010
Thank you for accessing www.signdesignsociety.co.uk (the "website"). Please read these terms and conditions (the "Terms") which govern the use of the website. The website is owned and operated by The Sign Design Society Ltd (UK registered company number 2771418), registered at 235 Kennington Road, London, SE11 6BY, United Kingdom ("we", "us", "our" or "The Society").
As user of the Website ("you"), you signify your acceptance of these Terms.
From time to time we may modify these Terms and include the date of any such amendment at the head of this document, so please continue to review them whenever accessing or using the website. If at any time you do not wish to accept the Terms, you may not use the website.
We will make data available and provide goods and services via the website, both to registered members and other users of the website. By using the website or by making a purchase on the website you agree to be bound by the Terms in their entirety.
Any dispute arising out of the use of this website or of the services provided via the website shall be adjudged in accordance with English Law and the High Court of Justice in England shall be the sole court of jurisdiction.
1 Intellectual Property
1.1 The website and the devices which service it host and broadcast data in various forms so as to allow sound recordings, words, pictures, photographs, artwork, and logos ("the content") to be displayed and made available on or via the website. The content and databases, and variously the design thereof, hosted on the website are owned by or licensed to us and are protected by copyright and other rights categorized as intellectual property laws. Except as expressly provided by these terms and conditions, or by exception as described within the website, you are not permitted to download, copy, reproduce, alter, re-record, perform, publish, broadcast, share, upload or in any other manner disseminate or otherwise transmit, any of the content whether for pecuniary advantage or otherwise.
1.2 Unauthorized use of the content whether in the manner set out in the preceding sub-paragraph or otherwise may render you liable to civil or criminal proceedings and thereby financial penalty for copyright infringement.
2 Disclaimers & Limitations
2.1 We do not make, and hereby disclaim insofar as is permitted by law, any representation or warranty as to the accuracy, suitability for a given purpose be it express or implied, or continued availability of the services, products or information from time to time made available on this site whether in relation to the technical or factual qualities of the information, the possibility of infringements of third party rights, or any other particular. We make no representation or warranty as to the ability to use the site without interruption of service or without exposure to data or code that might prove injurious to the computer, software or data owned or controlled by you.
2.2 Unless expressly set out in these terms and conditions, neither we, nor any of our directors or other representatives shall be liable for any loss or damage of any kind howsoever arising from use of this website.
2.3 The content on this website is made available subject to the laws and regulations in force in the United Kingdom as informed by the trading conventions and agreements of the European Union and we make no representation that in relation to other jurisdictions the content is free from restrictions whether in relation to the importation of goods, the prohibition on use of certain classes of intellectual property or otherwise; consequently any use of the website from outside the jurisdiction is entirely at your own risk and subject to your ensuring that the use is lawful and compliant with all relevant legislation within their jurisdiction.
2.4 We have no control over websites to which you may link from our website and we cannot be held responsible for and disclaim all liability in relation to content that is held on such sites.
2.5 The limitations set out in the preceding paragraphs shall operate to the maximum extent permitted by law and consequently do not seek to limit such rights and liabilities that by operation of statute or other law are not capable of exclusion or limitation.
3 On-Line Account
3.1 Creation and Eligibility
3.1.1. Parts of this website are accessible to members of The Society ("Members") only. Membership can be purchased as a service via this website. Purchases of product may be made by members and non-members. Members will be required to log-in to access the members' only areas and to benefit from special product and service pricing and other privileges. Non members will be required to register with the Society during the process of making a purchase.
3.1.2 In either case, accounts may be set up and held by a private individual, by an individual on behalf of a commercial organisation, or by any individual operating in the course of a business.
3.1.3 All account holders must be 18 years of age or more, and by creating an account you warrant that you have reached the age of majority and are competent to form a legally binding agreement.
3.2 On-Line Account usage and responsibilities:
3.2.1 You will be required to provide full and accurate details in order to activate your account.
3.2.2 You are responsible for keeping these details up to date so as to ensure we are able to communicate with you ina timely manner and deliver product and service without undue delay.
3.2.3 In order to purchase physical product or a service from the site you will be required to create a password. This must be kept strictly confidential and not disclosed to any other person. If you suspect there is any breach in this confidentiality you must inform us immediately. If we suspect that there is any breach in this confidentiality we may at our discretion require you to select a new password and temporarily suspend your account until such time as we are satisfied that the security of the account has been restored.
3.2.4 Once a user account has been set up, and for so long as the use thereof continues to be, in accordance with the terms we will be able to provide service or goods in the form of physical product and to grant non-exclusive sub-licences to you.
3.3.1 This Website allows interaction between members and between members and the Society. We do not control and have no obligation to screen or edit material posted to the website (the "material") or shared between members but we reserve the right to delete, move or edit the whole or any part of any material and you agree to waive any moral rights you may have in the material.
3.3.2 Prohibited Conduct. You are solely responsible for the material and agree to comply with any additional rules which may, from time to time, be published on this Website. In particular, you may not:
a). send, post, link to or otherwise publish material that is unlawful, threatening, abusive, harassing, libellous, inaccurate, profane, indecent, obscene, infringes copyright or other rights of third parties or which contains any other form of illegal content;
b) send, post or transmit material that contains software viruses, files or code designed to interrupt, destroy or limit the functionality of the Website or any computer software or equipment;
c) disguise the origin of any material, impersonate any person, company, group or entity or misrepresent your relationship with any of the same;
d) collect or store any personal information of other users of the Website (except as expressly permitted for the purposes of the Website) or restrict or inhibit other users from using the website;
e) send, post, publish or link to any advertising or promotional material or use your access to the website for any commercial purpose other than as a registered user of the website in accordance with these Terms;
f) send any chain e-mails or "spam" mail;
g) engage in any illegal activities, or use this Website in a manner inconsistent with any applicable laws or regulations.
3.4. Indemnity and Acknowledgement
3.4.1 By accessing the Website and by communicating with Members, you agree to indemnify and hold us harmless from all claims, costs and expenses (including legal expenses) which we might suffer arising out of any of your conduct or material.
3.4.2 You acknowledge that we have no control over and do not guarantee the accuracy, integrity or quality of material sent or posted by members via the website.
3.4.3 We do not warrant that any of the information available via the website is accurate. All use of the website is at your own risk and no reliance should be placed on the material by reason of its relation to the Website.
4 Purchases via On-Line Account
4.1 Orders placed to purchase physical product or service via the website will be accepted and a contract for its delivery formed between you and us where:
4.1.1 you have selected a physical product or service which is available for delivery or a service to be provided; and
4.1.2 you have entered payment details which have been verified by our third party online secure banking company, PayPal (Europe) S.à r.l. & Cie, S.C.A; and
4.1.3 we have acknowledged, by delivery of an e-mail to you, that your order has been successfully received and accepted by us. Delivery will then occur as per the delivery terms and conditions (see paragraph 5).
4.2 the prices displayed on this website and used to arrive at an invoice total are inclusive of delivery costs and, where applicable, VAT.
5.1 With specific exceptions described in 5.2 below, successful orders for physical product are despatched by first class mail [Air Mail "Small Packet" service for countries outside the UK] within 48 hours of their confirmation, or 72 hours if the order is placed over a weekend or on a UK public holiday. We are not able to track these packages nor guarantee the speed of local postal services or their susceptibility to industrial action.
5.2 For certain periods when the Society's Administration office may be closed for an extended period of more than 24 hours, orders for product may be temporarily denied, or delivery may take longer than described in 5.1. In such circumstances, information will be provided to you before the purchase is made.
6 Returns & Cancellation
6.1 Physical Product Ordered in Error. In relation to physical product, items ordered in error may be returned within 14 days and we will issue a full refund without question, less the cost of the original postage and packing, provided the items are in their original condition. To return an item, please enclose a note giving the reason for the return along with our invoice. Package securely and send it to our administrative address published at the head of these Terms.
6.2 Defective or Faulty Goods. To return a damaged or faulty item for replacement or refund please package the item securely and send it to our administrative address published at the head of these Terms together with a clear description of the fault and our invoice. Please remember to include your postal address. If the Society acknowledges the described defect or fault, your return postage fee will also be refunded.
6.3 The returns and cancellation policy outlined in this paragraph does not in any way affect your statutory rights.
7.1 Any personal information provided or to be gathered by us is controlled primarily by the Society. We adhere to principles enshrined in the Data Protection Act of 1998 and EU Directive on Privacy and Electronic Communications (2002/58/EC). We are able to receive and store any information you enter on our website or give us except in relation to your credit card details. You can choose not to provide certain information, which will mean that you might not be able to take advantage of certain site features.
7.2 The information we learn from our customers helps us to improve your Society membership and/or shopping experience at the site. We use the information to handle orders, deliver products, process payments, communicate with you about orders and products, update our records and generally maintain your account with us. We also use this information to improve our web shop, prevent or detect fraud or abuses of our website. By using the site you agree to our use of the data we receive for these purposes.
7.3 We receive and store certain types of information automatically whenever you interact with us. We use "cookies" and we obtain certain types of information when your Web browser accesses the website. A number of companies offer utilities designed to help you visit websites anonymously. Although we will not be able to provide you with a personalised experience at the site, if you visit the site anonymously, we want you to be aware that these tools exist.
7.4 Credit card transaction details (credit card number, credit card expiry date) are transmitted to our third party online secure banking company, PayPal (Europe) S.à r.l. & Cie, S.C.A. We do not have access to this information at any level.
7.5 Information about our customers is an important part of our business and we do not sell it to others. We share customer information only as described in this paragraph, and subject to this Privacy Notice, to the UK Data Protection Act 1998 and EU Directive on Privacy and Electronic Communications. We occasionally employ other companies and individuals to perform functions on our behalf. They have access to personal information needed to perform their functions, but may not use it for other purposes. Further, they must process the personal information in accordance with this Privacy Notice and as permitted by the UK's Data Protection Act 1998.
8 Enforceability & Extent of Terms & Conditions
8.1 Should any part of these terms of conditions be held to be unenforceable or otherwise invalid, then that section shall be treated as being severed from the remainder of these terms and conditions and those remaining terms and conditions shall be applied in such a manner as best gives effect to the original intention of the parties. These terms and conditions and the information on the website to which they relate, particularly in relation to the price of physical product and service, encompass the whole of the agreement between you and us and may only be varied by us in writing and via publication of any amendments on this website.