Terms & Conditions
Terms & Conditions
These terms and conditions are incorporated into any Contract for the supply of services by Mark McLaughlin Associates Limited (“the Supplier”) on its website www.markmclaughlin.co.uk (“the Site”).
1. Notices
Unless we have otherwise expressly agreed in writing these terms and conditions and all notices from you to us must be in writing and sent to our contact address as stated:-
Mark McLaughlin Associates Limited, 6 Coleby Avenue, Peel Hall, Manchester M22 5HH
All notices from us to you will be displayed on our website from time to time.
2. Events beyond our control
We will have no liability to you for any failure on the part of ourselves or any other person firm or business having a link to this site to deliver services or goods that you may have ordered or requested or for the delay in doing so or for any damage or defect to goods or services delivered or reliance placed by you upon the information and advice given by such persons that is caused by any event or circumstance beyond our reasonable control including, without any limitation, strikes, lock-outs and other forms of industrial disputes, the breakdown of systems or network access, fire, flood, explosion or accident.
3. Invalidity
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not so far as permitted by law be affected.
4. Third party rights
Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third part that exists or is available apart from that Act.
5. Governing Law
The Contract between us shall be governed by and interpreted in accordance with English Law and the English Courts shall have jurisdiction to resolve any disputes between us.
6. Entire Agreement
These terms and conditions together with our current website pages, fees or prices where applicable, delivery details, contact details, privacy policies set out the whole of our agreement relating to the supply of services or goods to you by us. Nothing said by any sales person or representative on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any services or goods offered for sale by us. Apart from fraud or fraudulent misrepresentation the Supplier shall have no liability for any such representation proving to be untrue or misleading.
7. Data Protection
Personal data supplied by you will be used by us in accordance with our privacy policy from time to time which is available at www.markmclaughlin.co.uk or on request from us. Personal data may be passed by us to a Debt Collection Business for the purpose of enabling us to collect debts owed by you to us.
8. Liability
(a) Any waiver by us of any of these terms and conditions shall be limited to the particular instance and shall not operate or be deemed to operate as a future waiver of that or any other term.
(b) Online information is supplied to you subject to the terms of any licence on which the information was provided to us. You are required to accept these licensed terms and conditions before you use the same. If you cannot or do not agree to these terms and conditions or any changes which we might make to them after today’s date, you may cancel your subscription immediately. Delivery to you of information or advice is implied acceptance by you of the terms and conditions.
(c) The delivery of online products is made using the worldwide web. No warranties expressed or implied regarding the availability of any online credit at any particular time or times are given.
(d) No liability for the contents of any other websites to which the Site has links is assumed by us.
(e) We use our reasonable endeavours to ensure that the data on the Site is correct and accurate. Where errors or inaccuracies are discovered by us we will correct them as quickly as possible after being notified of them. It is important to note that we do not monitor, verify or endorse information submitted for posting on the Site and you should be aware therefore that such information may contain inaccuracies or be incomplete or out of date. We disclaim all warranties and representations insofar as permissible by law (whether express or implied) as to the accuracy of any information contained on the Site.
(f) Any liability we may have for any losses or claims arising from an inability to access the Site, or from any use of the Site or reliance on the information or data transmitted using the Site, is excluded to the fullest extent permitted by law. We shall not be liable for any direct, indirect or consequential losses of any kind in contract, tort or otherwise arising out of use of the Site, save where such liability cannot be excluded by law.
(g) We give no warranty that the Site is free from viruses or anything else which may have a harmful effect.
9. Exclusion of liability for suppliers’ goods and services
We may from time to time promote a number of suppliers of goods, products or services on the Site and offer you the opportunity to buy goods, products and services from those suppliers through the Site. No liability is accepted by us for any goods, products or services provided by such third party suppliers. Any goods, products 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.
10. Website information
The information provided by us on the Site is not in any way an invitation or recommendation to buy any services or products featured and you should seek appropriate professional independent advice.
Owing to the nature of the Internet access to the Site may be suspended, restricted or terminated at any time. We will try to give you uninterrupted access to the Site, but we must and do reserve the right to amend, alter, substitute or remove without notice any information on the Site from time to time.
11. Copyright and intellectual Property rights
The copyright in the material contained in the Site, 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 us or the providers of such information. All rights are reserved. You may not reproduce or redistribute for commercial purposes without our written consent any material or information contained on our Site. You may, however, download or print a single copy for your own non-commercial view.
Your copyright in data or information supplied by you to the Site is acknowledged by us. You are deemed to have granted us an exclusive royalty free non-terminable licence world-wide to use, copy, distribute, publish and transmit such data or information in any manner.
12 Disclaimers
All disclaimers, indemnities and exclusions in this Contract shall survive termination for any reason.
The general disclaimer whenever set out on the Site is deemed to be incorporated in and be a part of these terms and conditions.
13. Cookies
A “Cookie” is a small text file on the hard drive of your computer that contains information about you (but not personal information). Mark McLaughlin Associates Limited may use cookies to personalise your experience of the Website. If your browser is set up to reject cookies, you may still use our Website. If advertisers and other contributors to Mark McLaughlin Associates Limited use cookies on this site, please note that we have no access to or control over these cookies.
14. Right to cancel and refunds
You can cancel any products you order via the Site 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. You acknowledge that the services will often be provided within a short time after the order is accepted. Consequently you may have a short period only to cancel your order.
You are permitted by the Consumer Protection (Distance Selling) Regulations 2000 (“the Regulations”). to cancel your 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 Regulations generally. To cancel you must send any notice of cancellation to the address stated above in paragraph 1. Please give full details of the order, including any order number you have been given for it.
Where you cancel an order in accordance with these terms and conditions and the Regulations, we will refund to you any sums paid for that order within 30 days of receipt of your cancellation. As permitted by the Regulations we may deduct any direct costs we incur in recovering any goods delivered under an order which is then cancelled.
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 but only after we receive those sums back from the supplier.
15. Payment
If you are required to make any payments to us for any products you order via the SIte we will tell you. In which case 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 Value Added Tax or similar taxes related to any charges made by us for the use of the Site at the same time.
If you fail to pay us as above, we reserve the right to charge you interest at 3% above the base rate at the relevant time of Abbey National Bank plc. Such interest shall accrue daily and be compounded monthly. In addition, in the event of non-payment by you we may suspend your access to and use of the Site.
16. Data submitted by you
We accept no liability for data supplied by any user for display on the Site and the limitations in condition 8 above (Exclusions of liability) apply.
If you submit data for display on the Site you are responsible for ensuring that it is accurate, complete and up to date. You are also responsible for amending and updating the data whenever necessary.
If you submit data to us for inclusion on the Site 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. We reserve the right (without limiting our rights to seek other remedies) to remove offending material placed on the Site which we consider to constitute is inaccurate, out of date, or a misuse of the Site or otherwise harmful to other users of the Site.
You warrant that you have taken all reasonable steps to ensure that any data you submit to the Site is free from viruses and anything else which may have a contaminating or destructive effect on any part of the Site or any other technology.
In addition you agree to indemnify us against and to hold us harmless from all claims or losses suffered by us arising out of your failure to observe any of the terms of this Condition.
17. User name and password
On registering with us, you will be issued with a user name and password which must be used in order to access restricted parts of the Site. The user name and password are personal to you and are not transferable to third parties.
Your name and password are the methods used by us to identify you. You are responsible for all information posted on the Site by anyone using your user name and password and any payments due for goods or services accessed through the Site by anyone using your user name and password. Any breach of security of a user name and password must be notified to us immediately.
You may not adapt or circumvent the systems in place in connection with the Site nor access the Site other than through normal operations.
18. Definitions
In these terms and conditions the following words and phrases have the following meanings:-
“the Supplier”, “Mark McLaughlin Associates”, “we” and “us” means Mark McLaughlin Associates Limited (company no 6127272) Registered in England. Registered Office: 6 Coleby Avenue, Peel Hall, Manchester M22 5HH.
“Site” means the website www.markmclaughlin.co.uk
