In these terms and conditions, "we" and "us" means http://www.fcfta.com, which is a trading name of FashionCapital, whose registered office is 28 Station Approach, Hayes, Bromley, Kent, BR2 7EH UK.
2. Access to the Website and content
2.1 The information provided by us on the Website is not in any way an invitation or recommendation to buy any products or services featured and you should seek appropriate independent advice.
2.2 We will endeavour to allow uninterrupted access to the Website, but access to the Website may be suspended, restricted or terminated at any time.
2.3 We reserve the right to change, modify, substitute or remove without notice any information on the Website from time to time.
2.4 We assume no responsibility for the contents of any other websites to which the Website has links.
3. Intellectual Property
3.1 The copyright in the material contained in the Website, together with the website design, text and graphics, and their selection and arrangement, and all software compilations, underlying source code and software (including applets) belongs to JH Consultancy Limited, its subsidiaries or the providers of such information. All rights are reserved. None of this material may be reproduced or redistributed without our written permission. You may, however, download or print a single copy for your own non-commercial off-line viewing.
3.2 http://www.fcfta.com is a trademark of FashionCapital. Other product and company names mentioned on this website may be the trademarks or registered trademarks of their respective owners.
3.3 You shall retain ownership of all copyright in data you submit to the Website. You grant us a world-wide exclusive, royalty-free, non-terminable licence to use, copy, distribute, publish and transmit such data in any manner.
4. Exclusions of liability
4.1 We use reasonable endeavours to ensure that the data on the Website is accurate and to correct any errors or omissions as soon as practicable after being notified of them. We do not monitor, verify or endorse information submitted by third parties for posting on the Website and you should be aware that such information may be inaccurate, incomplete or out of date. To the extent permitted by applicable law, we disclaim all warranties and representations (whether express or implied) as to the accuracy of any information contained on the Website. We do not guarantee that the Website will be fault free and do not accept liability for any errors or omissions.
4.2 Due to the nature of electronic transmission of data over the internet, and the number of users by whom data is posted on to the Website, any liability we may have for any losses or claims arising from an inability to access the Website, or from any use of the Website or reliance on the data transmitted using the Website, is excluded to the fullest extent permissible by law. In no event shall we be liable for any loss of profit, revenues, goodwill, opportunity, business, anticipated savings or other indirect or consequential loss of any kind in contract, tort (including negligence) or otherwise arising out of use of the Website, save where such liability cannot be excluded by law.
4.3 We do not give any warranty that the Website is free from viruses or anything else which may have a harmful effect on any technology.
5. Exclusion of liability for suppliers' goods and services
We promote a number of suppliers on the Website and offer you the opportunity to buy goods and services from those suppliers through the Website. We can accept no liability for any goods or services provided by third party suppliers. Any goods or services which are not stated to be provided by us are provided by third parties over whom we do not have control and you should satisfy yourself that you wish to purchase those goods or services before contracting with the supplier. The suppliers will be supplying on their own standard terms and conditions and you should check that you agree to those terms and conditions before placing an order.
6. User name and password
6.1 On registering with us, you are issued with a user name and password which must be used in order to access certain restricted parts of the Website. The user name and password are personal to you and are not transferable.
6.2 Your name and password are the methods used by us to identify you and so are very important. You are responsible for all information posted on the Website by anyone using your user name and password and any payments due for services accessed through the Website by anyone using your user name and password. Any breach of security of a user name and password should be notified to us immediately.
6.3 You may not adapt or circumvent the systems in place in connection with the Website nor access the Website other than through normal operations.
7. Data submitted by users
7.1 We accept no liability for data supplied by any user for display on the Website and the limitations in condition 4 above (Exclusions of liability) apply.
7.2 If you submit data for display on the Website you are responsible for ensuring that the data is accurate, complete and up to date and for updating that data where necessary.
7.3 If you submit data for display on the Website you are responsible for ensuring that no data is uploaded or submitted which is untrue, defamatory, obscene or abusive or otherwise objectionable or in breach of any applicable laws or rights of third parties.
7.4 You warrant that you have taken all reasonable precautions to ensure that any data you upload or otherwise submit to the Website is free from viruses and anything else which may have a contaminating or destructive effect on any part of the Website or any other technology.
7.5 We reserve the right (without limiting our rights to seek other remedies) to remove offending material placed on the Website that we consider to constitute a misuse of the Website or which is otherwise harmful to other users of the Website.
7.6 You will indemnify us for any claim or loss (including without limitation, economic loss) suffered by us arising out of your failure to observe any of the terms of this condition 7.
7.7 Subject to the Contracts (Rights of Third Parties) Act 1999 condition 7.5 may be enforced by the following people in their own right:
1. any third party with whom we contract for content or advertising; and
2. our employees or agents
8.1 You shall pay within 30 days of receipt of an invoice from us, any fees incurred by you at the rates in effect when such fees are incurred. You shall also pay all applicable taxes related to charges made for the use of the Website at the same time.
8.2 If you fail to pay us within the time stipulated above, we shall be entitled to charge you interest at 4% above the base rate at the relevant time of Barclays Bank plc. Such interest shall accrue daily and be compounded monthly. In addition, we may suspend your access to and use of the Website.
9. Data protection
9.1 We are committed to protecting your privacy. We will collect and use information supplied by you and other users of the Website to improve the Website and personalise your experience when you visit the Website. We may also use it to tell you about changes in our services or about features we think you'll find interesting. We may sell, trade or rent your personal information with trustworthy parties, who provide complementary services. By registering with us, you are deemed to have consented to use of personal information for these purposes. However, you can tell us not to deal with your personal information in these ways in the future by simply sending an e-mail message to firstname.lastname@example.org.
10. Right to cancel and refunds
10.1 You can cancel any services you order via the Website within 7 days of your order being accepted, except that where the services are provided within 7 days of the order being accepted, your right to cancel ceases once provision of the services starts. We aim to provide services as promptly as possible. You accept that the services will often be provided shortly after the order is accepted and as a result you may only have a short period, if any, in which to cancel an order.
10.2 You can cancel any goods you order via the Website within 7 days of receipt of the goods, unless the goods are ones which were clearly personalised to your requirements, by their nature cannot be returned or are otherwise goods for which no right of cancellation exists under the Consumer Protection (Distance Selling) Regulations 2000.
10.3 You should send any notice of cancellation of an order to email@example.com Please give full details of the order, including any order number we have given you for it.
10.4 Where you cancel an order in accordance with these terms and conditions, we will refund to you any sums paid for that order within 30 days of receipt of your cancellation. We may deduct any direct costs we incur in recovering any goods delivered under an order which is then cancelled.
10.5 Where we arrange collection of payment on behalf of a third party supplier and you cancel your order with them in circumstances where you are entitled to do so, we will refund to you any sums paid for that order as soon as we can after we receive those sums back from the third party supplier.
10.6 Certain areas of our site have detailed and confidential information. Once a full member access this section of the site there rights to a refund are withdrawn. These areas include Tools of the trade, Members Forum, Industry Advise and I spy. If you have any doubt that these sections may not be appropriate to you then please contact the head office for further details before you confirm your annual membership.
12.1 We may terminate your access to the Website and the services within it on not less than three days' written notice to you.
12.2 All disclaimers, indemnities and exclusions in this agreement shall survive termination of this Agreement for any reason.
13.1 If any provision of these terms and conditions is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and the validity and enforceability of the remaining provisions of these terms and conditions shall not be affected.
13.2 We may modify these terms and conditions at any time by publishing the modified terms and conditions on the Website. Any modifications shall take effect 3 days after posting on the Website.
14. Governing law
14.1 These terms are governed by and to be construed in accordance with English law.
14.2 Any disputes shall be subject to the exclusive jurisdiction of the English courts.