This website is operated by Tempus Media (London) Ltd (“Tempus”). Throughout the site, the terms “we”, “us” and “our” refer to Tempus. Tempus offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein and as amended from time to time.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current Website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
3RD PARTY PROVIDER: means a product or service provider featured on our website or recommended by our advisors;
BUSINESS: means the transactioncarried out between the seller and the buyer at the date of the Contract;
BUYER: means the person, company, partnership or other entity that buys or agrees to buy the goods, products, servicesoritems from the seller;
COMPANY: a company, LLC or other professional organization that purchases goods and services that is not a private individual
CONSUMER: a Buyer that is an individual acting wholly or mainly outside of their business or trade;
CONTRACT: means anagreementbetween the Seller and the Buyer for the sale and purchase of goods, products, services, items in accordance with these Conditions;
DELIVERY: DATE means the date specified by the Seller when the goods, products, services or items are to be delivered, or the date on which delivery takes place, whichever is the later;
DELIVERY: DESTINATION means the location specified in a Contract for the delivery of goods, products or items ordered by the Buyer;
DESPATCH: CONFIRMATION an email from the seller to the Buyer confirming that such goods have been dispatched;
GOODS: means the products or services available for purchase from the seller from time to time;
ORDER: CONFIRMATION an email from the seller to the Buyer confirming receipt and acceptance of the Buyer’s order;
PARTIES: Those person(s) involved in a Contract, normally the Seller and Buyer;
SELLER: means Tempus Media (London) Ltd, a private limited company registered in England and Wales under company number10882962, having its registered office at 5th Floor, 3-5 Wardour Street, London, W1D 6PB. VAT No: GB 277 1948.
SERVICES: meansthe facilitation of the purchase of travel or other luxury lifestyle activities provided by third-parties.
TERMS OF SERVICE: means the terms and conditions of sale set out in this document as may be amended in writing from time to time and any special terms and conditions agreed between the Parties;
WEBSITE: means boutique.tempusmagazine.co.uk or any other website or URL owned or operated by the Seller;
WORKING DAY: means any businessday, except UK Bank Holidays.
1. ONLINE STORE TERMS
1.1 By agreeing to these Terms of Service, you represent that you are at least the age of majority in your country of residence, or that you are the age of majority in your country of residence and you have given us your consent to allow any of your minor dependents to use this site.
1.2 You may not use our Goodsfor any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
1.3 You must not transmit any worms or viruses or any code of a destructive nature.
1.4 A breach or violation of any of the Terms will result in an immediate termination of your Services.
1.5 These Terms of Serviceshall apply to all Contracts to the exclusion of all other terms and conditions, including any terms and conditions which the Buyer may purport to apply under any purchase order, confirmation of order, or similar document.
1.6 All orders for Goods and Services shall be deemed to be an offer by the Buyer to purchase Goods and Services pursuant to these Terms of Service. Our Website will guide you through the ordering process and will give you due opportunity to check and amend any errors before confirming your order. Please check your order at each stage of the order process.
1.7 Any order placed through the Website will not be deemed to have been accepted by the Seller until such time as the order has been processed through the Seller's order processing system and the Buyer receives an OrderConfirmation.
2. GENERAL CONDITIONS
2.1 We reserve the right to refuse service to anyone for any reason at any time.
2.2 You understand that your personal information, such as your name and address(not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
2.3 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
2.4 The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
2.5 The Seller reserves the right to sub-contract the whole or any part of any Contract.
2.6 The provisions of the Contract (Rights of Third Parties) Act 1999 shall not apply to these Conditions or any Contract and any person who is not a party to these Conditions or the Contract shall have no rights under that Act to enforce any term thereof.
2.7 Any notice under or in connection with these Terms of Serviceor any Contract shall be in writing and shall be served by first class post or by hand on the party or sent by recorded delivery to the address of the party set out in the Contract or at such other address as may subsequently be notified by one party to the other, and in the absence of any evidence of earlier receipt any notice shall be deemed to have been received:
a. If delivered by hand when left at the address for service; or
b. If sent by first class post or recorded delivery, on the second day after posting.
3. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
3.1 We are not responsible if information made available on this site is not accurate, complete or current. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
3.2 This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
4. MODIFICATIONS TO THE SERVICE AND PRICES
4.1 Prices for our products are subject to change without notice.
4.2 We reserve the right at any time to modify or discontinue the Website (or any part or content thereof) without notice at any time.
4.3 We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Website.
5. GOODS, PRODUCTS, ITEMS OR SERVICES (if applicable)
5.1 Certain Goodsor Services may be available exclusively online through the website. These Goods or Services may have limited quantities and are subject to return or exchange only according to our Refund Policywhich is available on request.
5.2 We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that the display of any colour will be accurate.
5.3 We reserve the right, but are not obligated, to limit the sales of our Goods or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.
5.4 We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us.
5.5 We reserve the right to discontinue any product at any time.
5.6 We do not warrant that the quality of any Goods, Services, information or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
6. PRODUCT AVAILABILITY
6.1 The Seller shall not be liable for failure to supply the Goods in the event the Buyer chooses to cancel any undelivered items.
6.2 The Seller shall not be liable for any costs incurred by the Buyer where a delay in the delivery of products occurs or where there is a problem with the delivered items. The Seller advises that the Buyer does not generate any expense related to the item(s) until the goods have been received and checked.
7. PRICING ERRORS, CHANGES, SPECIAL OFFERS, FREE GIFTS, SAVINGS AND PRODUCT DESRIPTIONS
7.1 Any special offers specified on the website may be limited in their quantities and are therefore subject to availability. The Seller may withdraw any offer at any time without notice.
7.2 Any free gifts specified on the Website are subject to availability and the Seller reserves the right to make suitable substitutions or cancel without prior notice to the Buyer.
7.3 Any savings (whether actual or percentage) indicated on the website are calculated by reference to the manufacturer's current list prices and are shown as a guide and are given in good faith.
7.4 Any technical descriptions, measurements, images or other data relating to any products on the website are for general guidance only and may be subject to alteration by the Seller without prior notice to the Buyer.
7.5 For the avoidance of doubt, and without prejudice to the limitations of liability, the Seller shall not be liable to the Buyer for any inaccuracies, errors, product availability or otherwise.
8. PRICES QUOTED
8.1 Where products are sold by reference to the Website then the price shall be the price stipulated on the Website order at the date of the Contract. However due to market conditions prices do fluctuate. For the avoidance of doubt the most current price, and the one that will apply in respect of any Contract, will always be the one displayed on the website order at the time the Order Confirmation is sent.
8.2 All prices are fixed at the date of the Contract and will only subsequently be varied by agreement in writing by both the Buyer and the Seller.
8.3 For the avoidance of doubt, unless otherwise stated, prices quoted for Goods and Services on the website are shown per item.
8.4 For the avoidance of doubt, unless otherwise stated, the price of the Goods and Services and all charges, limits or fees referred to in these Terms and Conditions are deemed to be inclusive of Sales Tax (VAT) (or similar tax) at the prevailing rate, which is currently 20%, and exclusive of any other tax or duty relating to manufacture, transport, import or export all of which (if relevant) shall be applicable at the prevailing rate at the Delivery Date.
8.5 All currency prices quoted on the Website and all charges referred to in these Terms and Conditions are in Pounds Sterling (£) or crypto-currency (Bitcoin, Litecoin and Ethereum and any other crypto-currencies that may be accepted by the Seller from time to time) and are applicable unless otherwise specified, and all payments must be made in the currency stated on the order unless otherwise agreed in writing by the Seller.
8.6 Whilst the Seller undertakes every effort in order to prevent any errors and / or omissions on the Website, mispricing may occur. The Seller reviews all prices as part of its order processing system, and in the event that the correct price of the Goods is lower than that stated on the Website then the Seller will charge the lower amount and process the order accordingly. In the event that the correct price of the Goods is higher than that stated on the website then the Seller will, at its entire discretion, either:
a) contact the Buyer for instructions prior to confirmingthe order; or
b) cancel the order and notify the Buyer of such a cancellation.
8.7 The Seller reserves the right to charge such taxation including and without any limitation any charge, tax, duty, levy, impost, withholding or liability wherever chargeable imposed for support of national, state, federal, municipal or local government or any other person whether of the UK or any other jurisdiction on the Goods.
9. PAYMENT TERMS
9.1 The Buyer shall make payment to the Seller for any orders through one or more of the following mechanisms:
i. authorised credit card;
ii. authorised debit card;
iii. bank transfer; or
iv. payment via crypto transfer.
9.2 In the event that the Buyer makes payment for the items through either an authorised credit card or an authorised debit card then whilst the Seller shall use all reasonable precautions to protect and maintain securely the details of such credit or debit card, the Seller shall not be liable for any losses incurred or sustained by the Buyer howsoever caused. In the event that the Buyer discovers that any Goods have been ordered and paid for by persons unauthorised by the Buyer using the Buyer's credit or debit card then the Buyer undertakes to inform the Seller, and the Seller undertakes to use its reasonable endeavours to assist the Buyer in connection with such unauthorised use.
9.3 In the event that the Buyer receives any communication that any of our details, including our account details for payment or other remittance advice have changed, the Buyer must contact our Customer Service team at firstname.lastname@example.org or contact our Customer Services team by telephone on +44 (0)203 910 1449 to verify the authenticity of that communication prior to taking any action in case it is fraudulent or otherwise does not originate from the Seller. The Seller accepts no liability for any losses in the event that the Buyer fails to do this.
10. LATE PAYMENT
10.1 In the event that the Buyer fails to make payment of any invoice within its due date for payment then the Seller shall be entitled to (without limitation):
a. charge interest on such invoice from the date of the invoice until the date of payment of the invoice at a rate of 2% per month and such interest shall accrue at such rate after as well as before judgment;
b. charge additional interest in accordance with the provisions of the Late Payment of Commercial Debts (Interest) Act 1998 at such rates and for such times as may be permitted under the Act;
c. suspend or cancel deliveries of any Goods and Services due to the Buyer under any Contract;
d. appropriate any payment made by the Buyer to such of the items (or any other items supplied under any other Contract with the Buyer) as the Seller may in its sole discretion think fit; or
e. pass the outstanding debt to a debt collection agency.
10.2 For the avoidance of doubt, the rights and remedies of the Seller in these Terms of Service are cumulative, not exclusive, and the exercise of one thereof shall not deprive the Seller of the right to exercise others. Further, the Seller shall be entitled to exercise the rights and remedies notwithstanding that risk in and / or title to the Goods may not have passed to the Buyer.
10.3 If an Event of Default occurs then without prejudice to the rights and remedies of the Seller:
a. the Seller may, in its absolute discretion, suspend any and all deliveries under any Contract;
b. the Seller may appropriate to it any items in its possession; and
c. any and all sums owed by the Seller shall become immediately due and owing irrespective of any time given for payment prior to the Event of Default.
10.4 An Event of Default shall be deemed to have occurred if:
a. the Buyer becomes unable to pay its debts as they fall due;
b. the Buyer has a receiver, liquidator or administrator appointed over any of the assets or the undertaking of the Buyer;
c. a winding-up or bankruptcy order is made against the Buyer;
d. the Buyer goes into voluntary liquidation (other than for the purpose of a solvent reconstruction or amalgamation);
e. the Buyer calls a meeting of or makes any arrangement or composition with its creditors; and
f. any act analogous to any of the foregoing in any jurisdiction.
11. DELIVERY, PACKAGING AND HANDLING CHARGES
11.1 Delivery, packing and handling charges are confirmed at the time of order. These are subject to change and the Seller reserves the right to notify the Buyer of any such change prior to the Delivery Date.
11.2 Any date quoted for delivery of Goods and Services are approximate only and the Seller shall not be liable for any delay in delivery of the Goods howsoever caused.
11.3 Delivery of items that are in-stock at the time of order will be made no more than 10 days after the date of the Dispatch Confirmation unless the parties expressly agree otherwise. Delivery shall take place by such method as the Seller may in its absolute discretion decide, to the Delivery Destination on or as close to the Delivery Date as is reasonably practicable in all the circumstances.
11.5 In the event that the Buyer requires a delivery on a day or time outside of the Seller's normal delivery the Seller reserves the right to make an additional charge, and shall advise the Buyer of such additional charge when the order is confirmed. For the avoidance of doubt, the Delivery Date is approximate only, and time shall not be of the essence for delivery.
11.6 Delivery of the items shall be deemed to have taken place when they have been delivered to the Delivery Destination and a signature on behalf of the Buyer has been received in respect of the Goods and Services.
11.7 In the event that payment for the Goods and Services has been, or is to be, made through the use of a debit or credit card then the Seller reserves the right to only deliver the Goods and services to the registered address of the holder of that card.
11.8 If, for any reason, the Buyer is not a Consumer and is unable to accept delivery of the Goods and Services when they are due and ready for delivery then the Seller may, in its absolute discretion, arrange the storage of the Goods and services and the Buyer shall be liable to the Seller for the reasonable costs (including insurance) of such storage. This provision is without prejudice to any of the Seller's rights in relation to a failure by the Buyer to take delivery of the Goods and Services or pay for them in accordance with the terms of the Contract.
11.10 If the Seller misses the delivery deadline through no fault of the Buyer for any Goods and Services then you may cancel your Contract straight away if any of the following apply:
11.10.1 we have refused to deliver the Goods;
11.10.2 delivery within the delivery deadline was essential and notified to us in advance, in writing (taking into account all the relevant circumstances); or
11.10.3 If you do not wish to cancel your order straight away, or do not have the right to do so, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your order if we do not meet the new agreed deadline.
11.12 If you do choose to cancel your order for late delivery, you can do so for any items outstanding on the order. You are not entitled to cancel any Goods and Services on an order that has already been shipped.
12. EXPORT OF GOODS
12.1 The Buyer shall be responsible for complying with any legislation or regulations governing the importation of the Goods into the country of destination and for the payment of any duties on them.
13. YOUR RIGHT OF RETURN AND REFUND
13.1 You have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below.This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep the Goods, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards Office.However, this cancellation right does not apply in the case of:
a. Any bespoke or Made to Order Goods; or
b. any Goods which become mixed inseparably with other items after their delivery.
13.2 Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed.To cancel a Contract, you just need to let us know in writing that you have decided to cancel. The easiest way to do this is to e-mail us at email@example.com. If you are e-mailing us or writing to us, please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or e-mail us before midnight on that day.
13.3 If you cancel your Contract we will:
a. Refund you the price you paid for the Goods. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a retail outlet.
b. Refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of a Good within 3-5 days at one cost but you choose to have the Good delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
c. Make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
i. If you have received the Goods and we have not offered to collect it from you 14 days after the day on which we receive the items back from you or, if earlier, the day on which you provide us with evidence that you have sent the items back to us;
ii. if you have not received the item/s or you have received it and we have offered to collect it from you 14 days after you inform us of your decision to cancel the Contract.
13.4 If you have returned the Goods to us because they are faulty or misdescribed, we will refund the price of the Goods in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.We will refund you on the credit card or debit card used by you to pay. If you used a crypto currency to pay for the Goods we may refund you in crypto currency, at our exclusive discretion.
13.5 If an item has been delivered to you before you decide to cancel your Contract then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. You can either send it back with proof of postage or we can organise collection at your cost via our own carrier. Please see our Refund Policyfor details of our returns procedure. If we have offered to collect the Goods from you, we will collect the Goods from the address to which they were delivered unless specified otherwise in writing. We will contact you to arrange a suitable time for collection.
13.6 Unless the item is faulty or not as described you will be responsible for the cost of returning the Goods to us. If the item is one which cannot be returned by post, we can assist and organise collection via our carrier, the cost of which will be advised to you prior to collection. This can be organised by contacting our customer care team on firstname.lastname@example.org or contact our Customer Services team by telephone on +44 (0) 203 910 1449.
13.7 Because you are a Consumer, we are under a legal duty to supply items that are in conformity with the Contract. As a Consumer, you have legal rights in relation to items that are faulty or not as described. These legal rights are not affected by your right of return and refund or anything else in these Terms and Conditions. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
14. EVENTS OUTSIDE OF OUR CONTROL
14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below.
14.2 An "Event Outside Our Control" means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, import or export regulations or embargoes, difficulties in obtaining raw materials, labour, fuel, parts or machinery or power failure or breakdowns in machinery.
14.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract we will contact you as soon as reasonably possible to notify you.
14.4 Our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
14.5 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Goods you have already received and we will refund the price you have paid, including any delivery charges.
15. RISK AND TITLE
15.1 Risk in the items shall pass to the Buyerwhen:
a. the items are delivered to the Delivery Destination; or
b. if the items are kept at the Seller's premises, or otherwise to the Seller's order, upon collection of the Goods by the Buyer, or upon the expiry of seven (7) days from the Seller's written notice to the Buyer that the Goods are ready for delivery, whichever is the earlier.
15.2 The Seller accepts no responsibility for any loss, damage or shortage which may occur to the Goods after risk has passed to the Buyer, and in the event that the Buyer has a claim arising in respect of any loss, damage or shortage arising during transit, then such claim should be notified to both the Seller and the carrier within 3 days of receipt of Goods. The Buyer undertakes in such circumstances to comply in full with the carrier’s standard conditions for claims for damage, shortage or loss in transit, and, where the Buyer is not a Consumer, agrees to indemnify the Seller against any loss resulting from a failure to so comply.
15.3 Notwithstanding that delivery may have taken place and / or risk in the Goods may have passed to the Buyer, title to the Goods shall not pass to the Buyer until such time as the Seller has received cleared funds for full payment of the price of the items and all other goods agreed to be sold by the Seller to the Buyer for which payment is then due.
15.4 Until such time as title in the Goods passes to the Buyer:
15.4.1 the Buyer shall hold the Goods as the fiduciary agent and bailee of the Seller, and shall keep the Goods separate from those of the Buyer and third parties, and shall keep the Goods properly stored, protected and insured against all normal risks, and identified as the Seller's property.
15.4.2 In the event of a liquidator or receiver being appointed then the liquidator shall pay into a separate bank account any sums received from third parties in respect of the sales to them of Goods by the Buyer up to the amount of any indebtedness of the Buyer to the Seller for the sole benefit of the Seller.
15.4.3 Provided that the Goods are still in existence and have not been sold by the Buyer, the Seller shall be entitled at any time to require the Buyer to deliver up the Goods to the Seller, and if the Buyer fails to do so forthwith to enter upon any premises of the Buyer or any third party where the Goods are stored and repossess the Goods.
15.5 Any Goods repossessed by the Seller may be resold on such terms as the Seller may in its absolute discretion determine and the Buyer shall remain liable to the Seller for the difference between the net proceeds or such resale and all outstanding sums due to the Seller in respect of the Goods and for all costs and expenses incurred by the Seller in repossessing, storing, insuring and re-selling the same.
15.6 The Buyer shall not pledge in any way or charge by way of security for any indebtedness for any of the Goods which remain the property of the Seller. Without prejudice to the other rights of the Seller, in the event that the Buyer purports to do so then all sums whatever owing to the Seller by the Buyer shall immediately become due and payable.
16. ACCURACY OF BILLING AND ACCOUNT INFORMATION
16.1 We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
16.2 You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
17. OPTIONAL TOOLS
17.1 We may provide you with access to third-party programmesover which we neither monitor nor have any control nor input.
17.2 You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
17.3 Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
18. THIRD-PARTY LINKS
18.1 Certain content, products and services available via our Service may include materials from third-parties.
18.2 Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
18.3 We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
19. PERSONAL INFORMATION
20. PROHIBITED USES
20.1 In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
21. DISCLAIMER OF WARRANTIES
21.1 We do not guarantee, represent or warrant that your use of our Website will be uninterrupted, timely, secure or error-free.
21.2 We do not warrant that the results that may be obtained from the use of the Website will be accurate or reliable.
21.3 You agree that from time to time we may remove access to the Website for indefinite periods of time or cancel access to the Website at any time, without notice to you.
21.4 You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
22. OUR LIABILITY
22.1 In no case shall Tempus, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any Goods procured using the Service, or for any other claim related in any way to your use of the Service or any Goods, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
22.2 If we fail to comply with these Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
22.3 We only supply the Goods for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
22.4 We do not in any way exclude or limit our liability for:
a. death or personal injury caused by our negligence;
b. fraud or fraudulent misrepresentation;
c. any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
d. any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
e. defective products under the Consumer Protection Act 1987.
23.1 You agree to indemnify, defend and hold harmless Tempus and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable legalfees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
24. INTELLECTUAL PROPERTY
24.1 All content included on the website such as text, graphics, logos, buttons, icons, images and software is the property of the Seller or its content suppliers and is protected by United Kingdom and international copyright and database right laws. The Buyer may not extract and / or re-utilise parts of the content of the website or the interactive magazine without the Seller's express written consent, save that it may print out, or otherwise electronically copy, one or more sections of the website for the express purpose of placing an order with the Seller.
24.2 All trademarks, product names, company names, logos and get-ups remain the property of the Seller or their respective owners and may not be used or reproduced by the Buyer under any circumstances whatsoever.
25.1 In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
26.1 The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
26.2 If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination and/or accordingly may deny you access to our Services (or any part thereof).
27. ENTIRE AGREEMENT& WAIVER
27.1 The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
27.2 These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
28. GOVERNING LAW
28.1 These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of England and Wales.
29.2 To cancel or amend a Contract in accordance with your legal right you must do so via email to email@example.com or contact our Customer Services team by telephone on +44 (0)203 910 1449(Mon-Fri 9.00am-5.30pm). Upon receipt, we will e-mail or call you to confirm we have received your request and advise the action taken. Whenever emailing us please include details of your order to help us to identify it. If you send us your cancellation request by e-mail or by post, then your cancellation is effective from the date of our acceptance and NOT the date you send us the request.
29.3 If you wish to contact us for any other reason, including complaints, you can contact us by telephoning our customer service team +44 (0)203 910 1449 or by e-mailing us at firstname.lastname@example.org.
29.4 If we have reason to contact you or give you notice in writing, we will do so by the e-mail or contact number you have provided to us in your order.
30. ADDITIONAL TERMS AND CONDITIONS OF THE TEMPUS MEMBER BENEFIT
30.1 These terms and conditions are in addition to our Standard Terms.
30.2 The amount of the benefit quoted is inclusive of VAT at 20%.
30.3 The amount of the benefit can be redeemed in part or total against any product or service which is available on the Tempus site or sourced by us.
30.4 In the event that the purchased Goods are returned to us, the net amount (less the benefit) will be credited.
30.5 The Goods redeemed against the original purchase is non-returnable and non-cancellable. If the Goods redeemed against the benefit are damaged, the Goods will be replaced upon receipt and inspection by us, subject to the damage being verified as happening, prior to, or during, shipping.
30.6 The benefit can be held as a credit against a future purchase for a maximum of 90 days, after which it will be forfeited.
30.7 The benefit is non-transferrable to any third party.
30.8 In the unlikely event that the benefit is subject to human or technical error, or the offer is withdrawn, prior to removal from the site, then we have the right to refuse to fulfil the transaction. However, once we have accepted the purchase, sent the Order Confirmation and taken payment then the offer of the benefit is deemed to be binding.
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