1 Introduction about us
Https://highpointcare.co.uk is a site operated by Highpoint Care Limited part of Highpoint Care Holding LLP (company number OC386960). We are a limited company registered in England and Wales under company number 08555035 and with our registered office at Colliers Croft, Clipsley Lane, Haydock, St. Helens, Merseyside, England, WA11 0JG. Our UK VAT number is XXXX XXXX XXXXX .
2 Our Products and / or Services
- The images of the Products and / or services on our site are for illustrative and visual representative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
- Replaced by 2.3
- The packaging of the Products may vary from that shown on images on our site.
- All Products shown on our site are subject to availability.
- Under certain circumstances we reserve the right to substitute certain products which may form part of your order.
3 Changes to these terms
4 Access to our site
5 Your account and password
6 Your use of our site
You may use our site only for lawful purposes. You may not use our site:
- in any way that breaches any applicable local, national or international law, regulation or code of practice;
- in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- in any way that infringes any intellectual property right or right to privacy; and/or
- to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation to any person.
7 Interactive services
8 Content standards
You must ensure that any and all information and material which you post to our site (User Content) and use of any interactive services associated with it complies with following standards. User Content must be accurate (where it states facts), be genuinely held (where it states opinions) and comply with applicable law in the UK and in any country from which it is posted. Product reviews will only be accepted from genuine, verified purchasers in the correct language for the relevant website and will not be accepted from our employees. User Content must not:
- contain any material which is defamatory of any person, obscene, offensive, hateful, malicious or inflammatory or which promotes violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- infringe any intellectual property right of any other person;
- be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
- be threatening, abusive or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person;
- disclose the name, address, telephone, mobile or fax number, e-mail address or any other personal data in respect of any other person. In the case of product reviews, you may include your first name and location in your review, but should not include any other personal information;
- be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
- give the impression that it emanates from us, if this is not the case;
- advocate, promote or assist any illegal activity or unlawful act; or
- contain any advertising or promote any goods or services or links to other websites.
9 Viruses, hacking and offer offences
We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software. You must not misuse our site 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 our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site 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 our site will cease immediately.
10 Intellectual property rights
- Whilst we endeavour to ensure that any material available for downloading from this Site (such as a property brochure) is not contaminated in any way, we do not warrant that such material will be free from infection, viruses and/or similar code.
- Due to the nature of software and the internet, we do not warrant that your access to, or the running of, this Site will be uninterrupted or error free. We may suspend, withdraw, discontinue or change all or any part of our Site without notice. We shall not be liable if we cannot process your details due to circumstances beyond our reasonable control.
- The information provided on this Site is for general interest only and does not constitute specific advice. Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up to date.
- We give no warranties or representations that the property information on this Site is correct, accurate or up-to-date.
- We give no warranty or guarantee that the Site or information available on it complies with laws other than those of England.
- To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Site or any content on it, whether express or implied.
- We are not an estate agency. The details of the properties available on this Site are provided to us by our members for your information only. We do not verify the property details provided to us and give no warranties or representations as to their accuracy or completeness. If you rely on these details, you do so at your own risk. We recommend that you check all property details with our member advertising the property before making any decisions or taking any action in regards to a property advertised on our Site.
12 Barring from the site
We reserve the right to bar users from this Site and/or restrict or disable their access or use of any or all elements of our services, on a permanent or temporary basis at our sole discretion.
13 Changes to our site
We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and We are under no obligation to update it. We do not guarantee that our site, or any content on it, will be free from errors or omissions.
14 No reliance on information
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site. Although We make reasonable efforts to update the information on our site, We make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.
15 Our rights
16 Linking to and from our site
- Hypertext links are links by which visitors can move from one website to another or from one page to another within the same website.
- Our website contains hypertext links to third parties’ websites. Any hypertext links between our website and any third party website are provided for your convenience only and we accept no liability whatsoever for the contents of any such third party website. We exclude to the fullest extent permitted by law all liability that may arise in connection with or as a result of third party website material or your accessing of third party websites causing any damage, costs, injury or loss of any kind.
- You may link to the homepage of our website, provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
- You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
- Our website must not be framed on any other site and you may not create a link to any part of our website other than the homepage.
18 Third party links and resources in our site
Where our site contains links to other sites and resources provided by third parties (including where our social media sharing plug-ins include links to third party sites), these links are provided for your information only. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
19 Communication between us
When we refer, in these Terms, to “in writing”, this will include email.
- If you are a consumer: (a) To cancel a Contract in accordance with clause 7, please contact us by e-mail via the ‘contact us’ page on the website. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by email, then your cancellation is effective from the date we received your email. If you call us to notify us of your cancellation, then your cancellation is effective from the date you telephone us and talk to us. (b) If you wish to contact us in writing for any other reason, you can send this to us by email.
- If we have to contact you or give you notice in writing, we will do so by email or phone.
- If you are a business:
- Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered by email, or posted on our site.
- A notice or other communication shall be deemed to have been received: if sent by email, one business day after transmission; or, if posted on our site, immediately.
- In proving the service of any notice, it will be sufficient to prove, that such email was sent to the specified email address of the addressee.
- The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
20 Loyalty Points
- You will receive 1 loyalty point for every £1 spent on elitesuppsuk.co.uk.
- We reserve the right to change the rate that loyalty points are awarded at anytime.
- We reserve the right to discontinue the loyalty point scheme retrospectively at anytime.
- Loyalty points can be used on a selection of product which change throughout the year.
- If You have not used your Loyalty Points within 6 months they will be deleted from your account.
21 Our responsibility for loss and damage suffered by you
- Whether you are a consumer or a business user we do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
- Subject to clause 15.1, we will not be liable for any failures due to software or Internet errors or unavailability, or any other circumstances beyond our reasonable control.
- Subject to clause 15.1, we do not accept any liability for loss of your password or account ID caused by a breakdown, error, loss of power or otherwise caused by or to your computer system.
- We may put in place such systems as we from time to time see fit to prevent automated programs being used to obtain unauthorised access to our system and this Site. Subject to clause 15.1, we shall not be liable to you for any consequences arising out of or in connection with any such use or attempted use of automated programs to obtain unauthorised access to our system or this Site.
- We will not be liable for any loss or damage caused by a virus, distributed denial of service attack or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any content on it, or any website linked to it.
- If you choose to contact our members using the Site, your details (including your e-mail address, telephone number and the address of the property you are considering a valuation on) will be sent to the member that you are enquiring with. We do not accept any liability for any subsequent communications that you receive directly from that member.
- If you are a consumer user:
- please note that we only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- if defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation.
- If you are a business user, subject to clause 15.1:
- we exclude all implied conditions, warranties, representations or other terms that may apply to our Site or any content on it.
- we will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our Site; or
- use of or reliance on any content displayed on our Site.
- In particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
22 Applicable law
23 Our Liability
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. If you are a business user:
- We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it;
- We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of or inability to use our site, or use of or reliance on any content displayed on our site; and
- We will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation;
- waste of management or office time; or
- any indirect or consequential loss or damage.
If you are a consumer user, please note that We only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and We have no liability to you for any loss of any business of yours (including but not limited to the types of loss and damage excluded in respect of business users set out in the paragraph above). The security of communications sent over the Internet (including by e-mail) is subject to many factors outside of our control. We do not guarantee the security or confidentiality of any electronic communications. We shall have no liability for your inability to connect to or to access our site which may result from any faults, errors or problems relating to your PC hardware, software, network or security, or your Internet service provider or any other similar problem. We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We have no control over those websites and will not be liable for any loss or damage that may arise from your use of them.
24 How to pay
- Payment for the Products and all applicable delivery charges is in advance.
- Please be aware, if you are paying through PAYPAL the payment will be taken immediately.
- All financial transactions are processed by our chosen merchant processor.
- All product prices and delivery charges are shown in UK pounds sterling. Your payment card company will perform any currency conversion.
25 Contacting us
For all contact required you can contact us by writing to Highpoint Care Limited, Colliers Croft, Clipsley Lane, Haydock, St. Helens, Merseyside, England, WA11 0JG, UK. Alternatively you can email us on either: firstname.lastname@example.org
26 Customer feedback and quality
We try to ensure that all customer feedback is dealt with fairly and consistently, and is properly recorded. We welcome any suggestions that you make about how we may improve our service. Please write to us Highpoint Care Limited, Colliers Croft, Clipsley Lane, Haydock, St. Helens, Merseyside, England, WA11 0JG, UK, using the address provided at the beginning of these Terms or contact us here. We aim to acknowledge all customer feedback.