Terms & Conditions
Terms and Conditions
Access to this Site and Changes
- 1. Access to and use of the www.fencex.com website (“this Site”) is provided by us subject to these Site Terms. “We” are Fencex registered under number 2329036 with registered office at 19, Lincoln Croft, Shenstone, Lichfield, Staffs WS14 0ND.
- 2. Your use of any part of this Site constitutes your acceptance of these Site Terms which takes effect on the date on which you first use this Site. If you do not agree with these Site Terms, you should cease using this Site immediately.
- 3. We reserve the right to change these Site Terms at any time without notice to you by posting changes online. You are responsible for regularly reviewing information posted online to obtain timely notice of such changes. Your continued use of this Site after changes are posted constitutes your acceptance of the amended Site Terms.
- 4. We may also include additional rules and requirements for using parts of this Site (for example competition rules). You are responsible for reviewing all information on this Site in relation to your particular use of this Site and complying with any applicable rules or requirements.
- 5. You are responsible for bringing these Site Terms to the attention of all persons accessing this Site through your Internet connection.
- 6. You must not interfere with another person’s use of this Site or otherwise act in a way that negatively affects another person’s use of this Site.
- 7. You are responsible for checking the contents of this Site and restricting its access to minors under your control.
- 8. You shall not use this Site or upload any material to this site in any way which in any respect:
- 1. is in breach of any law, statute, regulation, byelaw or code of practice of any applicable jurisdiction;
- 2. is fraudulent, criminal or unlawful;
- 3. is inaccurate or out-of-date;
- 4. may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political;
- 5. impersonates any other person or body or misrepresents a relationship with any person or body;
- 6. may infringe or breach the copyright or any intellectual property rights or privacy or other rights of us or any third party;
- 7. may be contrary to our interests;
- 8. is contrary to any specific rule or requirement that we stipulate on this Site in relation to a particular part of this Site or this Site generally; or
- 9. involves your use, delivery or transmission of any viruses, unsolicited e-mails, trojan horses, trap doors, back doors, easter eggs, worms, time bombs, cancelbots or computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
- 9. You hereby grant to us an irrevocable, royalty-free, worldwide, assignable, sub-licensable licence to use any material which you submit to us or this Site for the purpose of use on this Site or for generally marketing (by any means and in any media) this Site or our products or services generally. You agree that you waive your moral rights to be identified as the author and we may modify your submission.
- 10. We do not undertake to monitor any comments made by users on this Site, but we reserve the right in our absolute discretion to omit, remove, suspend or edit any material, information or data that you or any user transmits, posts or sends to us or this Site.
- 11. The views and comments on contributions to this Site are those of the authors and do not necessarily reflect the views of us or any of our officers or employees. We will not be responsible or liable for any material, information or data supplied by you or other users to this Site.
- 12. You agree to comply at all times with any instructions for use of this Site which we make from time to time.
- 13. You shall fully and promptly indemnify us against all damages, proceedings, claims, demands, liabilities, losses, charges, costs and expenses which we may suffer or incur as a result (direct or indirect) of any breach by you of any obligation on you under these Site Terms. Availability of This Site, Security and Accuracy
- 14. Whilst we endeavour to make this Site available 24 hours a day, we will not be liable if for any reason this Site is unavailable at any time or for any period. We make no warranty that your access to this Site will be uninterrupted, timely or error-free. Due to the nature of the Internet, this cannot be guaranteed. In addition, we may occasionally need to carry out repairs, maintenance or introduce new facilities and functions.
- 15. Access to this Site may be suspended or withdrawn to or from you personally or all users temporarily or permanently at any time and without notice. We may also impose restrictions on the length and manner of usage of any part of this Site for any reason. If we impose restrictions on you personally, you must not attempt to use this Site under any other name or user.
- 16. We do not warrant that this Site will be compatible with all hardware and software which you may use. Although we may put in place security measures for your protection, we shall not be liable for damage to, or viruses or other code that may affect, any computer equipment, software, data or other property as a result of your access to or use of this Site or your obtaining any material from, or as a result of using, this Site. We shall also not be liable for the actions of third parties in breaching any security measures.
- 17. We may change or update this Site and anything described in it without notice to you.
- 18. Whilst we endeavour to ensure that information and materials on this Site (including without limitation details about our products and services) are correct, no warranty, express or implied, is given that they are complete, accurate or up-to-date and we do not accept any liability for any errors or omissions. If you place orders through or as a result of using this Site, you are responsible for ensuring that your orders contain all necessary and accurate information.
- 19. The contents of this Site are intended for convenience only. Nothing on this Site shall constitute advice specific to your circumstances or a recommendation. We do not suggest that any product or service mentioned on this Site is either available to you or complies with laws outside of England and Wales.
Supply of products or services on this Site
- 20. Our supplies of our products and services referred to on this Site shall be governed by our terms and conditions applicable to the sale or supply of those products and services. A copy of our terms and conditions are on this Site or available to you upon request by contacting us by e-mail, telephone, fax or post at the contact details set out at the end of these Site Terms.
- 21. Any supplies of products or services by any third parties referred to on this Site shall be governed by those third parties’ own terms and conditions applicable to the sale or supply of those products and services. We are not responsible for the acts or omissions of any third parties and it is your responsibility to deal directly with the third party from whom you buy products or services in the event of you having any claims or issues.
Our liability to you
- 22. WE DO NOT EXCLUDE OR LIMIT OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR FOR OUR FRAUDULENT MISREPRESENTATION.
- 23. TO THE EXTENT POSSIBLE BY LAW, IN ALL CASES OTHER THAN IN RESPECT OF PRODUCTS OR SERVICES THAT WE SUPPLY FOR A FEE, TO THE EXTENT PERMITTED BY LAW WE SHALL NOT BE LIABLE FOR ANY DIRECT OR CONSEQUENTIAL LOSSES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, LOSS OF DATA, LOSS OF USE, BUSINESS INTERRUPTION AND LOSS OF PROFITS) ARISING FROM THE USE OF OR INABILITY TO USE THIS SITE, OR ANY MATERIAL CONTAINED IN IT OR ACCESSIBLE FROM IT, OR FROM ANY ACTION OR DECISION TAKEN AS A RESULT OF USING THIS SITE OR ANY SUCH MATERIAL.
- 24. Fencex name and logo and all other brands, names, logos, marks and slogans on this Site are the trademarks or service marks of us or our licensors.
Third Party Websites and Pages and Content
- 25. This Site may contain links to other websites (for example, those of events hosted at the venue). Although we have sought to carefully select any site to which a link from this Site exists, we have no control over and accept no responsibility for the content of such linked sites. The links are provided “as is” with no warranty, express or implied, for the information provided within such sites.
- 26. This Site may also contain content and/or dedicated pages provided by third parties (for example external suppliers). Although we have sought to carefully select any third party providing those pages, we have no control over and accept no responsibility for the content of such pages, which is uploaded directly by those third parties. Those dedicated pages are the responsibility of the people providing those pages. We make no warranty, express or implied, for the information provided within those pages.
- 27. In addition, this Site may contain advertising content provided by third parties. We have no control over and accept no responsibility for that content. Those adverts are the responsibility of the advertisers. We make no warranty, express or implied, for the information or content within those adverts.
- 28. You must not without our permission frame any of this Site onto your own or another person’s website.
- 29. We hereby grant to you a revocable, non-exclusive, royalty-free right to provide a link from your website to the home page of this Site, provided that you do so in a fair and legal way without damaging our reputation or taking advantage of it. In particular:
- 1. you shall not make any warranties or representations about us or our affiliates or our products, services or policies except with our prior express authorisation;
- 2. you shall not say anything that is false, misleading, derogatory or offensive about us or our affiliates or our products, services or policies; and
- 3. you shall not suggest expressly or impliedly that we have endorsed your site or are associated with it where this is not the case.
Use of User Names and Passwords
- 30. You may need to use a user name and password for your access to, or enabling you to access, restricted areas of this Site, in which case this section of the Site Terms applies to you.
- 31. You must at all times keep your user name and password strictly confidential and secure.
- 32. You must not choose a password which can be readily guessed.
- 33. You must not disclose or allow others to have access to your user names or passwords without our prior permission, unless you are the authorised user or the authorised employee acting on behalf of the authorised user.
- 34. If you think you may have lost or allowed a third party to see or use your user names or passwords, you must inform us immediately.
- 35. You shall be responsible for all use of this Site made under your user names.
- 36. We may require that your user names or passwords are changed from time to time.
Copyright notice and Privacy Statement
- 37. You agree to be bound by the Copyright Notice and Privacy Statement currently in force.
- 38. If any of these terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction which that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Site Terms shall survive, remain in full force and effect and continue to be binding and enforceable.
- 39. If you want to contact us for any reason, please contact us by e-mail at email@example.com, by telephone at 01543 480864, or by post at the address above.
English law and jurisdiction
- 40. These Site Terms shall be governed by and construed in accordance with English law. You submit to the jurisdiction of the English courts. You irrevocably agree that the English courts shall have exclusive jurisdiction over any claim or matter brought by you in relation to these Site Terms. We shall also have the right to bring a claim against you in the jurisdiction in which you are based and any other court of competent jurisdiction.
Other uses of your personal information
We may also send you or the people you represent other information about us, the Site, our other websites, our products, sales promotions, our services, our further events, our newsletters, anything relating to other companies in our group or our business partners related to our events or anything in which you or your party show an interest. If you would prefer not to receive any of this additional information as detailed in this paragraph (or any part of it) please send us an appropriate e-mail to firstname.lastname@example.org or write to us at the above address specifying which information you do not wish to receive. Within 7 working days of receipt of your instruction we will cease to send you information as requested. If your instruction is unclear we will cease to send you all information referred to in this paragraph.
Third Parties and Links
- We may pass your details to other companies in our group. We may also pass your details to our agents and subcontractors to help us with any of our uses of your data set out in our Privacy Statement. For example, we may use third parties to assist us with providing the administration for running an event, to enable us to collect payments from you, to analyse data and to provide us with marketing or customer service assistance.
- We may exchange information with third parties for the purposes of fraud protection and credit risk reduction.
- We may transfer our databases containing your personal information if we sell our business or part of it.
- We may also disclose your details as described elsewhere in this Privacy Statement.
- Other than as set out in this Privacy Statement, we shall NOT sell or disclose your personal data to third parties without obtaining your prior consent unless this is necessary for the purposes set out in this Privacy Statement or unless we are required to do so by law.
- The Site may contain advertising of third parties, dedicated pages operated by third parties and links to other sites or frames of other sites. Please be aware that we are not responsible for the privacy practices or content of those third parties or other sites, nor for any third party to whom we transfer your data in accordance with our Privacy Statement.
- We have in place appropriate technical and security measures to prevent unauthorised or unlawful access to or accidental loss of or destruction or damage to your information.
- We store your personal details on a secure server. We use firewalls on our servers.
- We reveal only the last four digits of your credit or debit card numbers when confirming an order to you, but of course we transmit the entire card number to the appropriate card company for collecting payment.
- We maintain physical, electronic and procedural safeguards in connection with the collection, storage and disclosure of your information. Our security procedures mean that we may occasionally request proof of identity before we disclose personal information to you.
- You are responsible for protecting against unauthorised access to your password and to your computer.
Any material changes to the way in which we use your data will be described in future versions of this Privacy Statement. Each time you enter the Site, change your data, take part in a discussion forum, order services or products or ringtones from or through us, obtain material from us, upload material onto the Site or advertise, you agree that the Privacy Statement current at that time shall apply to all information which we hold about you.
By submitting data to us and using the Site, you consent to our use of your data and anyone who you represent in the manner set out in this Privacy Statement (as amended) and you are responsible for ensuring that you have authority to consent on their behalf.
These Site Terms shall be governed by and construed in accordance with English law. You submit to the jurisdiction of the English courts. You irrevocably agree that the English courts shall have exclusive jurisdiction over any claim or matter brought by you in relation to these Site Terms. We shall also have the right to bring a claim against you in the jurisdiction in which you are based and any other court of competent jurisdiction.