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Terms & Conditions

Terms & Conditions

Standard Terms and Conditions for supply of goods of ANDERSON & PARTNERS trading as PENSTRIPE

1. DEFINITIONS AND INTERPRETATION

In this document the following words shall have the following meanings:
“Agreement” these Terms and Conditions together with the terms of any applicable Order Acknowledgment or such other confirmation as the Supplier may from time to time accept.
“Agreed Artwork” any drawing, text, photograph, design or any other visuals agreed to be printed on or to
form part of the Goods
“Copy Submission Date” the date specified in the Order Acknowledgment or the date specified in any
document provided by the supplier being the date on which the Customer is required to submit to the
Supplier the Agreed Artwork required for completion of the Customer's order
“Customer” the organisation, body, institution, person, firm or company who purchases Goods from the
Supplier and who is identified in an Order Form
“Final Proof” the final version of the Goods provided by the Supplier to the Customer for approval before
printing
“Goods” the goods or materials described in the Order Acknowledgment or such other confirmation as the Supplier may from time to time accept.
“Intellectual Property Rights” all patents, registered and unregistered designs, copyright, trade marks,
knowhow and all other forms of intellectual property
“Order Acknowledgment” an Order Form (if any) and confirmation of order issued by the Supplier to the
Customer confirming the specification and Order Quantity of the Goods ordered, the Agreed Artwork, the
Price and containing any other information in any form about any order
“Order Form” the Supplier’s order form in such form as it may from time to time supply
“Order Quantity” the number of the Goods described in the Order Acknowledgments
“the Price” the price for the Goods
“the Supplier” Anderson & Partners (a limited partnership registered with number LP010830) of 275 Kirkstall
Road, Leeds, West Yorkshire LS4 2BX trading as “Penstripe”
“Working Day” any day in England which is not a Saturday or Sunday or a Bank or Public Holiday
1.2 The singular shall be deemed to include the plural and vice versa and reference to one gender shall be
deemed to include reference to the other
1.3 The headings are included for ease of reference and shall not affect the construction of these Terms and
Conditions
1.4 If the Customer comprises more than one person the obligations of the Customer shall be joint and
several
1.5 If there shall be any inconsistency between an Order Form and a confirmation of order, the terms of the
confirmation of order shall prevail
2. GENERAL

2.1 These Terms and Conditions shall apply to all Agreements for the supply of Goods by the Supplier to the
Customer
2.2 No Agreement shall exist between the parties until an Order Form has been submitted to the Supplier by
the Customer, an Order Acknowledgment has been issued to the Customer by the Supplier and the Order
Acknowledgment has been signed by the Customer and returned (without amendment or variation) to the
Supplier by the Customer or the Supplier has received such other confirmation as the Supplier may from
time to time accept.
2.3 An Agreement is formed on receipt of the returned Order Acknowledgment by the Supplier or receipt of
such other confirmation by the Customer that the Supplier may from time to time accept
2.4 Time shall not be of the essence for the delivery of the goods.
3. SPECIFICATION AND QUANTITY OF THE GOODS

3.1 The Supplier shall submit to the Customer the Order Acknowledgment. If the Order Acknowledgment is
correct the Customer shall return the Order Acknowledgment by post, fax, email or personal service to the
Supplier within five days of receipt.
3.2 All Goods shall be required to conform only to the specification in the Order Acknowledgment. For the
avoidance of doubt no description, specification, illustration or sample contained in any product catalogue,
website, order form or other sales or marketing literature of the Supplier and no representation written or
oral, correspondence or statement or draft of an Order Acknowledgment shall form part of any Agreement
3.3 By reason of differences in equipment, paper, inks and other conditions between colour proofing and
production runs, a reasonable variation in colour between proofs including between the Final Proof and the
Goods supplied will be deemed to be accepted by the Customer
3.4.1 The Supplier warrants that it will use reasonable endeavours to provide the Goods to the Customer in
accordance with the Order Acknowledgment
3.4.2 If any Goods are defective the Supplier has the right to replace the defective Goods if it is notified in
writing of the defect within 14 days of the Customer receiving the Goods
3.4.3 If the Customer does not notify the Supplier of any defect within 14 days of receiving the Goods the
Goods shall be deemed to be free from any defect and the Customer shall be deemed to accept the Goods
as delivered
3.5 The Supplier reserves the right to include additional material in the Goods provided that the Supplier
makes no additional charge for such additional material
3.6 The Supplier will use reasonable endeavours to deliver to the Customer the correct quantity of the
Goods. By reason of the material supplied to the Supplier and/or the processes involved in the production of
the Goods the quantity of Goods delivered may exceed or fall short of the quantity ordered by up to 10%.
The Customer accepts
that any such surplus or shortfall is not a reason to terminate or vary any Agreement and that the Customer
is not entitled to reject the Goods or withhold or delay payment by reason of any shortfall or excess. In case
of any shortfall, the Customer will be charged only for the Goods actually supplied at the unit price specified
in the Order Acknowledgment for each item of the Goods supplied. In case of any surplus the Customer shall
not be required to pay for or return any excess Goods received by it
4. DELIVERY

4.1 Delivery of the Goods shall take place at the address for delivery specified in the Order Acknowledgment
4.2 Delay in the delivery of the Goods shall not entitle the Customer to terminate or rescind any Agreement
unless such delay exceeds 30 days
4.3 If for any reason the Customer fails to accept delivery of any of the Goods when they are ready for
delivery, or the Supplier is unable to deliver the Goods on time because the Customer has not provided
appropriate instructions, documents, licences or authorisations:
(1) risk in the Goods shall pass to the Customer (including for loss or damage caused by the Suppliers
negligence);
(2) the Goods shall be deemed to have been delivered;
(3) the Supplier may store the Goods until delivery, whereupon the Customer shall be liable for all related
costs and expenses including, without limitation, storage and insurance; and
(4) any cost of delivery after the date for delivery anticipated by the Supplier shall be borne and paid by
the Customer
4.4 The quantity of any consignment of Goods recorded by the Supplier on despatch from its place of
business shall be conclusive evidence of the quantity received by the Customer on delivery unless the
Customer can provide conclusive evidence to the contrary
4.5 The Supplier shall not be liable for any non-delivery of Goods unless the Customer gives written notice to
the Supplier of the non-delivery within 24 hours of the date when the Goods would in the ordinary course of
events have been received
4.6 Any liability of the Supplier for non-delivery of the Goods shall be limited to replacing the Goods within a
reasonable time or issuing a credit note against any invoice raised for such Goods unless any non-delivery
has occurred by reason of the Customers failure to pay the Supplier in accordance with Condition 6.3
5. TITLE AND RISK

5.1 Title in the Goods shall not pass to the Customer until the Supplier has been paid in full for the Goods
and the Customer has paid all other monies (if any) owed to the Supplier by the Customer or any successor
or predecessor in title of the Customer
5.2 If the Customer becomes insolvent (as described in Condition 16) and the Goods have not been paid for
in full the Supplier may take or inspect the Goods and, if necessary, enter the Customer’s premises to do so
5.3 If the Customer sells the Goods before payment has been made in full, the Customer shall hold the sale
proceeds on trust for the Supplier until any sum owing to the Supplier has been paid in full
5.4 All risk in the Goods shall pass to the Customer upon delivery
6. PRICE AND PAYMENT

6.1 The Price is set out in the Order Acknowledgment. The Supplier shall invoice the Customer prior to
despatch of the Goods
6.2 Unless otherwise agreed by the Supplier the Goods will be despatched by the Supplier only when
payment of the Price is received in cleared funds in full
6.3 Invoiced amounts shall be due and payable on the date of invoice. If the Customer has not paid any
invoice within 28 days of the due date for payment the Supplier shall be entitled to charge interest on the
amount due from the due date for payment until the date of payment at the rate of 5% per annum above
the base lending rate of Yorkshire Bank. If the payment becomes more than 56 days overdue the Supplier
shall be entitled to charge interest at the rate of 2% of the Price per month calculated from the due date for
payment until the date of payment
6.4 The Supplier shall be entitled to charge the Customer a fee not exceeding 4% of the Price for processing
payments by debit or credit card
6.5 Reference in this clause to an invoice includes reference to a pro forma invoice issued by the Supplier to
the customer.
7. CUSTOMER’S OBLIGATIONS

7.1 To enable the Supplier to perform its obligations under any Agreement the Customer shall:
(1) co-operate with the Supplier in such way and at such times as the Supplier reasonably requires;
(2) provide the Supplier with any information reasonably required by the Supplier;
(3) obtain all necessary permissions, licences and consents which may be required before the Copy
Submission Date;
(4) submit to the Supplier the Agreed Artwork on or before the Copy Submission Date;
(5) comply with such other requirements that may be set out in the Order Acknowledgment or otherwise
agreed between the parties; and
(6) approve the Final Proof in writing sent by the Supplier within five days of despatch by the Supplier
7.2 If the Final Proof is not approved by the Customer within five days of despatch by the Supplier the
Customer shall be deemed to approve the Final Proof
7.3 The Customer shall pay the Supplier for any costs or expenses incurred by the Supplier as a result of the
Customer’s failure to comply with Condition 7.1
7.4 The Customer shall be responsible for maintaining a copy of any original electronic file provided by the
Customer or the Supplier. The Supplier shall not be responsible for checking the accuracy of any electronic
file.
The Customer shall pay the Supplier for any additional costs incurred as a result of viewing the electronic file
7.5 If the Customer or any third party, not being a sub-contractor of the Supplier, shall do or omit to do
anything which prevents or delays the Supplier from undertaking or complying with any of its obligations
under any Agreement, then the Supplier shall notify the Customer as soon as possible and:
(1) the Supplier shall have no liability in respect of any delay to the completion of any project;
(2) if agreed by the Supplier, the timetable for delivery of the Goods will be modified;
(3) the Supplier shall be entitled (without prejudice to any other right or remedy available to the Supplier)
to increase the Price or suspend performance of or terminate any Agreement
8. CUSTOMER’S PROPERTY

8.1 The Customer’s property and all property supplied to the Supplier by or on behalf of the Customer shall,
while it is in the possession of the Supplier or in transit to or from the Customer, be deemed to be at the
Customer’s risk unless otherwise agreed and the Customer must insure accordingly
8.2 The Supplier shall be entitled to charge the Customer a reasonable amount for the storage of any
Customer’s property left with the Supplier before the Order Acknowledgment is issued
9. STANDING MATERIAL

9.1 Metal, film, electronic files and images and other materials owned by the Supplier and used by the
Supplier in the production of type, plates, film-setting, negatives, positives and the like shall remain the
exclusive property of the Supplier.
9.2 The Supplier shall not be required to download any digital data from the Supplier’s equipment or supply
the same to the Customer on disk, tape or by any communication link
10. INTELLECTUAL PROPERTY RIGHTS

10.1 All material that is used by the Supplier in the performance of its obligations under any Agreement
belongs to the Supplier including all Intellectual Property Rights in existence or coming into existence as a
result of any Agreement
10.2 Notwithstanding Condition 10.1, the Supplier will own only the Intellectual Property Rights in the
Agreed Artwork which arise from or out of any drawing, text, photograph, design or any other visual
provided by the Supplier
10.3 The Customer warrants that it owns or otherwise has the right to use and license the use of the
Intellectual Property Rights required for the use of the drawings, text, photographs, designs or any other
visuals which are provided by the Customer for use in or form part of the Agreed Artwork and the Customer
licenses the Supplier to use all the Agreed Artwork provided by the Customer
11. AGREED ARTWORK

11.1 The Agreed Artwork must be agreed between the parties prior to the Copy Submission Date
11.2 The Supplier may in its absolute discretion reject any proposals in relation to the Agreed Artwork which
appear to the Supplier to be unsuitable or inappropriate or for which in the opinion of the Supplier the
obtaining of the consent of any third party is required or desirable. Any additional cost incurred if the Agreed
Artwork is found to be unsuitable or otherwise will be charged to the Customer unless the whole of the cost
could have been avoided but for any unreasonable delay of the Supplier in determining that the Agreed
Artwork is unsuitable
11.3 No responsibility will be accepted by the Supplier for defective Goods caused by the unsuitability of the
Agreed Artwork
11.4 If the Agreed Artwork includes materials not supplied or used by the Supplier or its sub-contractors, the
customer warrants that it is entitled to and does authorise the Supplier to use such material for all purposes
connected with any Agreement
11.5 The Customer will indemnify the Supplier against all costs, claims, losses or other consequences arising
from the use by the Supplier of any Agreed Artwork which belongs to any third party or which the Supplier is
not permitted to use
12. ALTERATIONS TO THE ORDER ACKNOWLEDGMENT

12.1 The parties may at any time agree a new Order Acknowledgment. Any alterations shall be set out in a
revised Order Acknowledgment, which shall include any agreed changes to the Price
12.2 The Customer may at any time request alterations to the Order Acknowledgment by notice in writing to
the Supplier. On receipt of a request for alterations the Supplier shall, within five Working Days or such other
period as may be agreed between the parties, advise the Customer by notice in writing whether the
alterations can be accepted by the Supplier and the effect of such alterations, if any, on the Price and any
other terms already agreed between the parties. If the Supplier does not advise the Customer within the
period of five Working Days the alterations shall be deemed not to be accepted by the Supplier
12.3 If the Supplier gives written notice to the Customer agreeing to perform any Agreement on terms
different from those already agreed between the parties, the Customer shall, within five Working Days of
receipt of such notice or such other period as may be agreed between the parties, advise the Supplier by
notice in writing whether or not it wishes the alterations to proceed. If written notice is not received by the
Supplier within five Working Days of receipt of such notice the Customer is deemed to consent to the
alterations and to any revised terms arising by reason of such alterations
12.4 If the Supplier gives written notice to the Customer agreeing to perform any Agreement on terms
different from those previously agreed between the parties, and the Customer confirms in writing that it
wishes the Agreement to proceed on those different terms or is deemed to agree in accordance with
Condition 12.3, the Order Acknowledgment shall be amended to reflect such alterations and thereafter the
Supplier shall perform any Agreement on the basis of such amended terms
12.5 Where the Order Acknowledgment is amended in accordance with Condition 12.4 the Supplier shall be
entitled to charge the Customer in addition to the Price a fee not exceeding 5% of the Price as originally
agreed or as revised (if applicable)
13. WARRANTY

13.1 The Supplier warrants that (save as provided in Condition 3.3) on delivery, the Goods and all their
component parts, where applicable, are free from any defects in design, workmanship, construction or
materials
13.2 The Supplier warrants that the Goods provided under any Agreement shall be of a quality conforming
to generally accepted standards and practices
14. INDEMNITY

The Customer shall indemnify the Supplier against all claims, costs and expenses which the Supplier may
incur and which arise, directly or indirectly, from inclusion of material provided by the Customer used in the
Goods or from the Customer’s breach of any of its obligations under any Agreement, including any claims
brought against the Supplier alleging that any Goods provided by the Supplier in accordance with the Order
Acknowledgment infringe any Intellectual Property Rights belonging to a third party
15. LIMITATION OF LIABILITY

15.1 The following provisions set out the entire financial liability of the Supplier (including any liability for the
acts or omissions of its employees, agents and sub-contractors) to the Customer in respect of:
(1) any breach of these Terms and Conditions; and
(2) any representation, statement or tortious act or omission (including negligence) arising under or in
connection with any Agreement
15.2 All warranties, conditions and other terms implied by statute or common law (save for the conditions
implied by Section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded
from any Agreement
15.3 Nothing in these Conditions excludes or limits the liability of the Supplier:
(1) for death or personal injury caused by the Supplier’s negligence; or
(2) under Section 2(3), Consumer Protection Act 1987; or
(3) for any matter which it would be illegal or unlawful for the Supplier to exclude or attempt to exclude
its liability; or
(4) for fraud or fraudulent misrepresentation
15.4 Subject to Condition 15.2 and Condition 15.3:
(1) the Supplier’s total liability in contract, tort (including negligence or breach of statutory duty),
misrepresentation, restitution or otherwise, arising in connection with the performance or
contemplated performance of any Agreement shall be limited to the Price;
(2) the Supplier shall not be liable to the Customer for loss of profit, loss of business, or depletion of
goodwill in each case whether direct, indirect or consequential, or any claims for consequential
compensation whatsoever (howsoever caused) which arise out of or in connection with any Agreement
including any delay in the delivery of the Goods
15.5 The Supplier shall incur no liability for any errors in the Final Proof which has been approved or deemed
to have been approved by the Customer
15.6 No claim against the Supplier shall be valid in contract or in tort unless proceedings are issued in
respect of that claim no later than 12 months after delivery of the Goods to the Customer
16. TERMINATION

16.1 The Supplier may terminate any Agreement forthwith by notice in writing to the Customer if:
(1) the Customer commits a material breach of any Agreement and, in the case of a breach capable of
being remedied, fails to remedy the breach within 30 days of despatch of written notice from the
Supplier to do so;
(2) the Customer commits a material breach of any Agreement which cannot be remedied under any
circumstances;
(3) the Customer proposes or passes a resolution for winding up (other than for the purpose of solvent
amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect;
(4) the Customer ceases to carry on its business or substantially the whole of its business; or
(5) the Customer is declared insolvent, or convenes a meeting of or makes or proposes to make any
arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver,
manager, trustee or similar officer is appointed or proposed to be appointed over any of its assets; or
(6) the Customer shall desire to cancel any Agreement
16.2 If the Customer shall desire to cancel any Agreement and the cancellation is accepted by the Supplier
then the Supplier shall be entitled to charge the Customer:
(1) an administration fee not exceeding 10% of the Price;
(2) as a genuine pre-estimate of the Supplier’s loss a sum not exceeding 25% of the Price if any
cancellation is accepted by the Supplier prior to the Copy Submission Date;
(3) as a genuine pre-estimate of the Supplier’s loss a sum not exceeding 50% of the Price and the full
amount of any third party costs which the Supplier is obliged to pay in respect of the Customer’s order
if the cancellation is accepted by the Supplier after the Copy Submission Date
16.3 If the Customer fails to comply with any of its obligations in Condition 7.1 the Supplier may elect to
treat the breach as a cancellation of an Agreement and if in the circumstances the Agreed Artwork has not
been submitted by the Customer to the Supplier on or before the Copy Submission Date 25% of the Price
shall be payable by the Customer to the Supplier as a genuine pre-estimate of the Supplier’s loss
17. FORCE MAJEURE

The Supplier shall not be liable for any delay or failure to perform any of its obligations if the delay or failure
results from events or circumstances outside its reasonable control, including but not limited to acts of God,
strikes, or other labour disputes (whether or not relating to its workforce), lock outs, accidents, war, fire,
terrorism, riot, flood, epidemic, civil commotion, explosion, any act or omission of government, highway
authorities or any telecommunications carrier, operator or administration or other competent authority, or
the delay or failure in manufacture, production, or supply by third parties of equipment or services, and the
Supplier shall be entitled to a reasonable extension of its obligations after notifying the Customer of the
nature and extent of such events. If the event continues for more than 90 days, the Supplier shall be entitled
to terminate any Agreement
18. ASSIGNMENT

18.1 The Supplier may assign all or any of its obligations under any Agreement to any person, firm, company
or organisation
18.2 The Customer shall not be entitled to assign any Agreement or any part of it without the prior written
consent of the Supplier
19. SEVERABILITY

If any provision of any Agreement is held to be illegal, invalid, void, voidable, unreasonable or unenforceable
for any reason by any court, tribunal or administrative body of competent jurisdiction such provision shall be
severed and the remainder of the provisions herein shall continue in full force and effect
20. WAIVER

The failure by the Supplier to enforce at any time or for any period any one or more of the Terms and
Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms
and Conditions of any Agreement
21. NOTICES

21.1 Any notice to be given by either party to the other may be served by email, personal service or post to
the address of the other party given in the Order Acknowledgment or such other address as such party may
from time to time have communicated to the other in writing
21.2 Communications shall be deemed to have been received:
(1) if sent by pre-paid first class post, two days (excluding Saturdays, Sundays and Bank and Public
Holidays) after posting (exclusive of the day of posting); or
(2) if delivered by hand on the Working Day following the day of delivery
22. ENTIRE AGREEMENT

Any Agreement contains the entire agreement and this document is the only Terms and Conditions to be
used between the parties relating to the subject matter and supersedes any previous agreements,
arrangements, undertakings or proposals which are oral or written
23. THIRD PARTIES

The parties to any Agreement do not intend that any term of any Agreement shall be enforceable by virtue
of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it
24. GOVERNING LAW AND JURISDICTION

Any Agreement shall be governed by and construed in accordance with English law and the parties hereby
submit to the exclusive jurisdiction of the courts in England 28 May 2010
Website Terms and Conditions

The terms and conditions set out below (the "Terms") shall exclusively apply to your use of Anderson & Partners’ (hereinafter referred to as "Anderson & Partners" or "us" or "we" or "our") website at: www.penstripe.co.uk (the "Website").
1. Use of the Website

All use of the Website is strictly subject to the Terms. Please read these Terms carefully before you start to use the Website. Your use of the Website indicates your acceptance of the Terms and your agreement to abide by them. If you do not agree to the Terms, you must cease use of the Website immediately.

The Terms form a legal agreement between you and Anderson & Partners and can only be modified with Anderson & Partners’ written consent. Anderson & Partners reserves the right to amend the Terms at its sole discretion, at any time and without notice, by changing them on the Website. You are responsible for reviewing the Terms on each occasion that you visit the Website, and if you continue to use the Website after amendments have been made then you are deemed to have accepted the amendments.

You agree to comply with any and all applicable laws and regulations when using the Website. If Anderson & Partners, in its absolute discretion, considers that you have made improper use of the Website, or any part of it, it reserves the right to block, suspend or terminate your access to the Website, or any part of it, without notice and to remove any unacceptable or undesirable content or material from the Website without notice.

2. Information About Us

The Website is operated by Anderson & Partners a limited partnership, registered in England and Wales with Registration Number LP010830, with its registered office at 275 Kirkstall Road, Leeds LS4 2BX. Please see the "Contact Us" page on the Website for full contact details.

3. Product Information

The Website contains information about Anderson & Partners’ products, which may include descriptions of the products and current prices or promotions available. All product information on the Website and in Anderson & Partners’ brochures or other advertising material constitutes an "invitation to treat" only and is not a contractual offer from Anderson & Partners that may be accepted by you. You can find further details about placing orders with Anderson & Partners on the Website and by viewing Anderson & Partners’ applicable Conditions of Sale, which can be viewed at www.oakleagolf.com.

4. Accuracy of Content and Information on the Website

Anderson & Partners does its best to ensure all content, materials and information on the Website is accurate. However, Anderson & Partners provides no guarantees, conditions or warranties as to the accuracy and completeness of such content, materials and information. Anderson & Partners makes no representations that the content and information on the Website is accurate, up to date or complete and accepts no liability for any loss or damage caused by inaccurate, out of date or incomplete content or information. Anderson & Partners may make changes to the content and information on the Website at any time without notice.

The commentary, information and materials on the Website are not intended to amount to advice on which reliance should be placed. Such information is to be used only as a reference aid and does not constitute any form of advice or recommendation by Anderson & Partners and is not intended to be relied upon by you in making (or refraining from making) any specific decisions. Anderson & Partners therefore disclaims all liability and responsibility arising from any reliance placed on such commentary, information or materials by any visitor to the Website, or by anyone who may be informed of any of its contents.

You should independently verify any information presented on the Website before relying upon it and take your own advice. If you find any inaccurate information on the Website please contact us and we will correct it, where we agree, as soon as practicable.

5. Availability of and Links to and from the Website

Access to the Website is permitted on a temporary basis and Anderson & Partners reserves the right to withdraw, suspend or amend the service provided on the Website without notice.

Anderson & Partners will not be liable if for any reason the Website is unavailable at any time or for any period and is not responsible for the availability of access to the Website or to the links from the Website. You are expected to ensure that your hardware and software are capable of effectively accessing the Website via your Internet Service Provider. You are advised to use appropriate anti-malware / anti-virus software before and during access to the Website.

Anderson & Partners takes reasonable steps to try to ensure that the Website is available and accessible at all times. However, Anderson & Partners does not warrant that the Website will be continuously available at all times, that your use of the Website will be uninterrupted or free from errors, or that the Website or the servers will be or remain free from attack. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance, repair, or due to reasons beyond the control of Anderson & Partners.

From time to time, Anderson & Partners may restrict access to some parts of the Website, or the entire Website, to users who have registered with us. If you choose, or are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. Anderson & Partners have the right to disable any user identification code or password, whether chosen by you or allocated by Anderson & Partners, at any time, if in our opinion you have failed to comply with any provisions of these Terms.

6. Intellectual Property

Anderson & Partners is the owner or licensee of all intellectual property rights in the Website and in the material published on it. Copyright laws, other intellectual property rights and treaties around the world protect the Website and published material. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from the Website, as permitted by the fair dealing provisions under Sections 28 to 30 of the Copyright, Designs and Patents Act 1988 (as amended), for your personal use only and may draw the attention of others within your organisation to material posted on the Website.

You must not modify the paper or digital copies of any materials you have downloaded or printed off in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Anderson & Partners’ status (and that of any identified contributors) as the authors of material on the Website must always be acknowledged and you must ensure that any copyright or other notice in or on all such printouts or downloads is retained. All other use of the Website, except as expressly permitted in writing by Anderson & Partners or by law, is prohibited.

Nothing in/on the Website should be taken as conferring any licence or right to use any trademark or other intellectual property in/on the Website without written consent from Anderson & Partners or the owner of the trademark or other intellectual property. You may not reproduce or copy any part of, or all of, the content of the Website in any form for any commercial purpose without the prior written consent of Anderson & Partners. A licence for commercial distribution or copying may be obtained on request. In the absence of agreement to the contrary, the licence fee for each full or part page and each image starts at £500 plus VAT.

If you print off, copy or download any part of the Website in breach of the Terms, your right to use the Website will cease immediately and you must, at Anderson & Partners’ option, return or destroy any copied of the materials you have made.

7. Our Liability

Although Anderson & Partners hopes that the Website will be useful and of interest to you and other users, Anderson & Partners accepts no liability and offers no warranties, conditions or guarantees in relation to the Website and its content. To the fullest extent permitted by law, Anderson & Partners and any third parties connected to us hereby expressly excludes all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

In no event shall Anderson & Partners be liable for any direct, indirect or consequential loss or damage incurred by any user in connection with the Website or in connection with the use, inability to use or results of the use of the Website, any website linked to it and any materials or information posted on it including, without limitation, loss of profit, loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of goodwill, loss of data, loss of wasted management or office time whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the above categories.

Nothing in the Terms shall exclude Anderson & Partners’ liability under English law for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or misrepresentation as to a fundamental matter, or for any other liability that cannot be excluded or limited under the applicable law. If you access or use the Website as a consumer (as defined by law) then please note that nothing in the Terms shall affect your statutory rights. Advice about your statutory rights is available from your local Citizen’s Advice Bureau or trading standards office.

8. Viruses, hacking and other offences

You must not misuse the Website by knowingly introducing viruses, Trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.

Anderson & Partners will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or proprietary material due to your use of the Website or to your downloading of any material posted on it or on any website linked to it.

We recommend you use appropriate anti-virus and anti-malware software before and during access to the Website.

9. Linking to and from the Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a ways as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you.

The Website must not be framed on any other website, nor may you create a link to any part of the Website other than the home page. Anderson & Partners reserves the right to withdraw linking permission without notice.

The Website may contain links to a third party’s website and resources provided by third parties. These links and resources are provided for your information only. Anderson & Partners has no control over and shall not be responsible for the content, or for any loss or damage that may arise from your use, of such resources or third party websites or for the availability of access to such websites. If you consider that any third party website linked to or from the Website provides inappropriate content, please let us know.

10. Law and Jurisdiction

The law of England and Wales shall apply to the Terms notwithstanding the jurisdiction where you are based. You irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with the Terms and, for those purposes, you irrevocably submit to such jurisdiction. The place of performance shall be England.

Anderson & Partners makes no warranty or guarantee that the Website or information available on it complies with laws other than those of England and Wales.

11. General

Please note that