Terms & Conditions
IF YOU HAVE ANY QUESTIONS IN RELATION TO THESE TERMS PLEASE CONTACT US
1. FORMATION OF THE CONTRACT
1.1. We are People 1st. Our registered address is set out at the end of these terms. These terms shall apply to your subscription and subsequent renewals to the People 1st website services and any other services that we may supply to you.
1.2. No contract shall exist between you and us in relation to your subscription until we have received and accepted your application. We shall send to you confirmation in writing by post or e-mail to the address or e-mail address that you have given. On acceptance and activation of your subscription, there shall exist a binding legal contract between us that shall be governed by English law and subject to the exclusive jurisdiction of the English Courts.
1.3. You shall be responsible to us for ensuring the accuracy of the terms of your subscription application (including any applicable information) submitted by you, and for giving us any necessary information relating to the servic es within a sufficient time to enable us to perform the contract in accordance with its terms.
1.4. The contract shall be subject to your right of cancellation (see below).
1.5. We may change these terms without notice to you in relation to future subscription renewals.
2.1. We will ask you to choose a username and password during your subscription application. On acceptance of your application you will receive an email confirming your subscription details. All passwords and/or usernames issued by us to you are exclusive and non-transferable and must be treated as strictly confidential at all times. In the event that you become aware of a breach or potential or suspected breach of these terms then you must inform us immediately at the address or e-mail address shown above.
2.2. We reserve the right to withdraw your password and/or your username at any time without notice. In these circumstances we shall ask you to submit a nother username and password for acceptance by us and we will then issue you with a new password and/or username provided that you have not caused or contributed to any breach of security by not complying with these terms.
2.3. For the avoidance of doubt, you shall remain responsible for all actions and charges incurred when access to our website is obtained through the use of your password and/or username whether authorised or unauthorised (save where such access arises from our negligence).
3. DESCRIPTION AND PRICE OF SERVICES
3.1. Whilst users who visit our website are not required to become members those who wish to take advantage of the services on offer are required to complete and submit applications for subscription. The descriptions and prices of the services that you may apply for are available on our Registration/Subscription Terms page.
3.2. We reserve the right to review our subscription fees. However any changes will only be made on the renewal of your subscription and you will receive a minimum of one month's notice of any proposed changes.
3.3. The subscription fees where applicable will be paid in GB pounds sterling and shall be exclusive of VAT (unless otherwise stated).
4.1. Save as set out in the Registration/Subscription Terms, payment for services where fees are applicable must be made in advance at the time of your application acceptance by credit or debit card. Upon receipt of your payment we will email you with an invoice. If you fail to provide us with payment in respect of the services where fees are applicable as required by these terms then we shall not be able to process your application.
4.2. If the payment of any fees by you is not made in accordance with these terms you will be deemed to have requested the termination of the contract.
5. DURATION AND YOUR RIGHT TO CANCEL
5.1. Subject to these terms, the contract shall continue for a period of 12 months from when your application for services or the renewal of your subscription is accepted by us.
5.2. You have the right to cancel the contract at any time up to the end of se ven working days from the date that the contract was agreed between us. However, you will NOT be able to cancel the contract once you have taken advantage of any advertised service.
5.3. To exercise your right of cancellation, you must contact us, giving details of the services subscribed to.
5.4. Once you have notified us that you are cancelling the contract, we will (if you are entitled to cancel the contract in accordance with these terms) refund you within 30 days any sum that has been paid by you or debited from your credit card as payment for services.
5.5. You may request the termination of the contract at any time, but no refund of any fees already received by us for the services will be due to you in the event of such termination. Your request must be in writing and sent to us at the email address shown above.
6. OUR OBLIGATIONS TO YOU
6.1. We shall use every reasonable effort to maintain the website to ensure that there is reasonable access to the website services at all times in accordance with clause 8; and to enforce compliance by all subscribers of the website to these terms and conditions.
6.2. The services will be performed by us with all reasonable skill and care and to a standard of quality that it is reasonable for you to expect.
6.3. The success or failure of your application shall remain solely at our discretion, and we need not provide you with any justification for that success or failure.
6.4. Nothing in these terms shall affect your statutory rights as a consumer. If you are in any doubt as to the extent of your statutory rights as a consumer you should seek your own independent legal advice.
6.5. If you have any complaint about the services, you should notify us in writing at the address or e-mail address below.
6.6. We operate and control our website from the United Kingdom and we make no promise that any content or information within our website is appropriate for use in any other jurisdiction.
7. YOUR OBLIGATIONS TO US
7.2. All information which you supply to us, including but not limited to subscription details, shall be full and accurate and not of a defamatory, offensive or obscene nature or otherwise a violation or infringement of the rights of third parties.
7.3. You shall co-operate with us and provide us with such information and assistance as we may reasonably require in order to enable or facilitate us to duly and punctually comply with our obligations under the contract.
7.4. You confirm that at the time of the submission of your application that you have reached at least the age of 18 years.
7.5. You may not misuse our website (including, without limitation, by hacking).
7.6. We expressly reserve the right to:
7.6.1. remove, amend or alter any information on our website;
7.6.2. revoke any rights for you to link to our website; and
7.6.3. suspend your subscription without notice; in the event that we are of the r easonable opinion that you are in breach of these terms and we may take further action as we deem appropriate.
7.7. You acknowledge that we shall fully co-operate with any law enforcement authorities or court order requesting us to disclose your identity or locate anyone posting any material in breach of these terms.
8. SERVICE ACCESS
8.1. While we endeavour to ensure that the website is normally available 24 hours a day, we will not be liable if for any reason our website is unavailable at any time or for any period.
8.2. Access to our website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our reasonable control.
9. LINKS TO AND FROM ANY OTHER WEBSITES
9.1. Links to third party websites are provided solely for your convenience. If you use these links, you leave our website. We do not control these third party websites and therefore we cannot be held responsible for their content or availability. We do not endorse or make any representation about them, nor any material found or obtained from using them. If you decide to access any of the third party websites linked to the website, you do so ENTIRELY AT YOUR OWN RISK.
9.2. If you would like to link to our website, you may only do so on the basis that you link to, but do not replicate, the home page of our website, and subject to the following conditions:
9.2.1. you do not remove, distort or otherwise alter the size or appearance of our logo, this includes but is not limited to the resolution, fonts, colours and layout used;
9.2.2. you do not create a frame or any other browser or border environment around our website;
9.2.3. you do not in any way imply that we endorse any products or services other than our own;
9.2.4. you do not misrepresent your relationship with us nor present any other false information about us;
9.2.5. you do not otherwise use any trade marks displayed on our website without express written permission from the proprietor;
9.2.6. you do not link from a website that is not owned by you; and
9.2.7. your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
10. BUSINESS TOOLS
10.1. All Business Tools have been created in line with best industry practice, current statute and Health and Safety Executive guidelines as applicable. However, PEOPLE 1st accepts no liability towards you or any members of the public for their accuracy or content.
10.2. The copyright in all content on our website and in our Business Tools is owned by or licensed to People 1st. Any licence to download and reproduce material found on our website shall only last for the term of your subscription.
10.3. We shall not be liable to you or be deemed to be in breach of the contract by reason of any delay in performing, or any failure to perform, any of our obligations in relation to the services if the delay or failure was due to any cause beyond our reasonable control. For example, matters beyond our reasonable control would include (but would not be limited to):-
access to our website being unavailable for the purposes of maintenance;
your failure to provide us with payment in advance for the services;
your providing us with incorrect or incomplete information.
10.4. You acknowledge and agree that the limitations contained in these terms are reasonable in light of all the circumstances and you agree that we would not be able to provide the services on an economic basis without such limitations.
11. DATA PROTECTION
11.1. We shall take all reasonable care to ensure that we comply with our obligations under the Data Protection Act 1998 so that details of your order and payment are kept secure.
11.2. We shall only use the information you provide about yourself for the purpose of providing you with the level of service that registration/subscription, unless you agree otherwise. However, we would like to inform you about other products and offers that may be of interest to you from time to time. If you would like to be notified of these please tick the appropriate box on the registration page during the registration process. You can correct any information about you, or ask us for information about you to be deleted, by giving written notice to us via our contact us page. Alternatively you can directly access your profile and make the necessary amendments v ia our website.
12.1. Neither party may assign or otherwise delegate its rights or obligations under these terms without the written consent of the other, save that we may assign our rights to a subsidiary or associated company upon notification to you.
13. NO WAIVER
13.1. No forbearance or delay by either party in enforcing its rights shall prejudice or restrict the rights of that party, and no waiver of any such rights or of any breach of any contractual terms shall be deemed to be a waiver of any other right or of any later breach.
14. NO PARTNERSHIP
14.1. These terms shall not create, nor be deemed to create, any partnership, joint venture or agency relationship between the parties.
15.1. If any provision of these terms is judged to be illegal or unenforceable, the continuation in full force and effect of the remainder of the provisions shall not be prejudiced.
16.1. We may amend these terms and conditions from time to time. Your subscription is renewable annually and the terms and conditions available at the time of your application or renewal (which ever is later) on our website will apply to your subscription.
17. THIRD PARTY RIGHTS
17.1. Nothing in these terms is intended to confer a benefit on, or to be enforceable by, any person who is not a party to them.
18. ENTIRE AGREEMENT
19. GOVERNING LAW AND JURISDICTION
19.1. These terms shall be governed by and construed in accordance with English law and each party hereby submits to the non-exclusive jurisdiction of the English courts. Should you have any questions concerning these terms you may contact us.
Should you have any questions concerning these terms you may contact us at the address below or via contact us.
20. REGISTERED ADDRESS
2nd Floor, Armstrong House, 38 Market Square, Uxbridge, UB8 1LH, UK
Telephone: 01895 817000