TERMS AND CONDITIONS
Welcome to FirstCanaryWharf.com (the "Website"). Access to and use of the Website and the products and/or services available through the Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Conditions of Services"). By using the Services (including but without limitation to visiting or shopping at First Canary Wharf and/or placing orders thereat), you agree and accept the Conditions of Services. If you do not agree or accept them, you should not visit the Website. We reserve the right to change and modify the contents of the Website and the Conditions of Services without prior notice. You are advised to check this page on a regular basis for any such changes and modifications. We do regular website maintenance to maintain integrity and reliability. It may affect or interrupt your site visit performance. We will try our best to ensure all transmissions to be error-free but this cannot be guaranteed. Therefore, your access to the Website may be occasionally restricted or suspended to allow repairing, maintenance or enhancement. We shall not be liable if the Website is not available for any reason, at any time or for any period. We may also restrict access to some or all parts of the Website from time to time.
The Website may contain links to other websites (collectively, the "Linked Sites") not operated by First Canary Wharf Limited ("First Canary Wharf"). First Canary Wharf does not have control over the Linked Sites. Therefore, First Canary Wharf does not accept any responsibility for the Linked Sites or for any loss or damage that you may suffer arising from your use of the Linked Sites.
INTELLECTUAL PROPERTY RIGHTS
The intellectual property rights in all contents (including all software) made available to you on or through the Website remain the property of First Canary Wharf or its licensors. Such intellectual property rights are protected by the relevant law in the United Kingdom and other applicable jurisdictions. You are put on notice that First Canary Wharf or its licensors reserve such intellectual property rights.
You are disallowed to distribute, publish, manipulate or otherwise reproduce any of the contents which are supplied to you or which appear on the Website. You are also prohibited to use any of the contents of the Website for or in connection with any business purposes.
You shall not copy or download any information available on the Site for the purpose of re-selling or re-distributing, operating businesses whether in competition with First Canary Wharf or otherwise.
You must not send or use any information for fraudulent purposes in breach of copyright or consist of software viruses, political campaigning. Systematic retrieval of the Website’s contents to create or compile a collection, compilation, database or directory (via robots, spiders, automatic devices or manual processes) without written permission from First Canary Wharf is prohibited.
In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited. You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by First Canary Wharf or its licensors. All designs, marks, logos, graphics and photos appearing on the Website are the exclusive property of First Canary Wharf. We own all right, title and interest in such designs, marks, logos, graphics and photos, including but not limited to, copyright, trademark, moral rights, rights under any statutory protection of fine arts, and otherwise, as applicable. No license or consent is granted to you to use them in any way, and you agree not to use these designs, marks and logos without the written permission of First Canary Wharf. Any feedback, comments, or suggestions you may provide regarding First Canary Wharf is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you. Every audio and video clip within the site is the sole property of First Canary Wharf or its respective content providers. You may use the content of this site only for the purpose of shopping on this site or placing an order on this site and for no other purposes.
You must not misuse the Website. You must not
(1) commit or encourage a criminal offence;
(2) transmit or distribute any virus, Trojan, worm, logic bomb or post any other materials which are malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
(3) hack into any aspect of the Services;
(4) corrupt data;
(5) cause annoyance to other users;
(6) infringe upon the rights of any other person’s proprietary rights;
(7) send any unsolicited advertising or promotional material (commonly known as "spam"); or
(8) attempt to affect the performance or functionality of any computer facilities of or access through the Website. Breaching this provision would constitute criminal offences under the Laws of the United Kingdom. First Canary Wharf will report such breach to the relevant law enforcement authorities and disclose your identity to them.
TERMS OF SALE
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or force majeure for which we will not be responsible. In order to contract with First Canary Wharf, you must be over 18 years of age and possess a valid credit card issued by a bank acceptable to us.
First Canary Wharf retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be First Canary Wharf or may in some cases be a third party. Where a contract is made with a third party First Canary Wharf is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you.
When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes. When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order.
A contract between us for the purchase of the goods will not be formed until your payment has been approved by us and we have debited your credit card. Whilst we try and ensure that all details, descriptions, and prices which appear on the Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled.
If you cancel and you have already paid for the goods, you will receive a full refund. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the "Total Cost". The Service may contain typographical errors or other errors or inaccuracies and may not be complete or current. We, therefore, reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fill any orders that you may place based on information on the Services that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies. Upon receiving your order we carry out a standard pre-authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Goods will not be dispatched until this pre-authorisation check has been completed. Your credit card will be debited once the order has been accepted.
The material displayed on the Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law, First Canary Wharf and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of the Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect First Canary Wharf's liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
First Canary Wharf disclaims all warranties, representations, express or implied, of any kind with respect to products sold on the site, including but not limited to, merchantability and fitness for a particular purpose except as expressly stated herein. You agree that the sole and exclusive maximum liability to First Canary Wharf arising from any product sold on the site shall be the price of the product ordered. In no event shall First Canary Wharf, its directors, officers, employees or other representatives be liable for special, indirect, consequential, or punitive damages related to product sold. You agree that this limitation of liability is comprehensive and applies to all damages of any kind, compensatory, special, including without limitation direct, incidental and consequential damages.
First Canary Wharf disclaims all warranties that product descriptions or other content of this site are accurate, complete, reliable, current, or error-free. We will try our best to be as accurate as possible. If a product offered by the site itself is not as described, your sole remedy is to return it in unused condition under the return policy.
First Canary Wharf shall have the right to refuse or cancel any orders placed for product listed at the incorrect price, or order that has been confirmed and charged. If your credit card has already been charged with a canceled order, First Canary Wharf shall immediately issue a credit to your credit card account in the amount of the charge. Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and images of third party products, services and/or locations featured on the Website are in no way associated, linked or affiliated with First Canary Wharf and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on the Website are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to First Canary Wharf.
You agree to indemnify, defend and hold harmless First Canary Wharf, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use the Website or your breach of the Conditions of Services.
If any part of the Conditions of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Conditions of Services will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
GOVERNING LAW AND JURISDICTION
These terms and conditions are to be construed in accordance with the laws of United Kingdom and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the United Kingdom courts.
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and First Canary Wharf. Any waiver of any provision of the Conditions of Services will be effective only if in writing and signed by a director of First Canary Wharf.