Terms and Conditions
TERMS AND CONDITIONS
Welcome to www.silversurfers.com. Thank you for using our website. The silversurfers.com website (Site) is a way of allowing people (Users) to read information, purchase products and services advertised by third parties (Advertisers) and make comments on blogs and forums.
These terms and conditions (Terms) apply to Users.
The Site is owned by Silverhairs Limited and operated by Silverhairs Limited, a company registered in England with registered no. 8211276 and registered office at Albury Mill, Mill Lane, Chilworth, Guildford Surrey, GU4 8RU. We provide online services and facilities (Services) through which Users can post comments and see others’ comments and Advertisers can advertise (on behalf of themselves or ultimate sellers or service providers) to sell or rent products and services and User can buy products and services. The Site is not an auction Site and is not a transactional Site from which you can purchase goods. It is purely an advertising website promoting goods and services and featuring comments, forums and blogs about a range of different subjects. We rely on Users and Advertisers to present us with factual details and content and we assume no responsibility at all for the accuracy of information, adverts or any other details placed on Silversurfers.
All content on Silversurfers.com is provided for general information only, and should not be treated at all as a substitute for the medical advice of your own doctor or any other health care professional. Silversurfers.com will not be responsible or liable for any diagnosis made by a user based on the content on www.silversurfers.com and we are also not liable for the content of any external websites or links from or to Silversurfers to any other websites. Please always consult your own doctor if you’re in any way concerned about any aspect of your health.
It is important that you read and understand these terms before accessing or using the Services. When you use this Site you agree to be bound by our Terms and if you do not agree with them you cannot use the Site.
We reserve the right to change these Terms at any time, without notice, and in our sole discretion. Your continued Use of this Site after the changes are posted on the Site constitutes your acceptance of the Terms as modified and if you do not agree with these changes or modifications, you must immediately cease using the Site. For this reason, we encourage you to revisit these Terms periodically to ensure that you are at all times fully aware of them.
1 Silversurfers’ Role
1.1 This Site is used as an information Site for Users to write and place articles on and for Users to also write comments on forums and blogs and act in conversations with others. We assume no responsibility for the accuracy of details in these posted comments and forums and we accept no liability for any information posted in them. You agree that when using our Site you will comply with the provisions of our Acceptable Use Policy
1.2 This Site is also a venue for Users to contact Advertisers if they wish to purchase, rent or use any goods and services. We do not have or intend to have any contractual involvement in any selling or buying of any of the products or services (Products) shown on this Site. Any contract you enter into will be with the supplier of the Products or services, not us, and will be subject to that supplier’s terms and conditions.
1.3 We therefore have no control over the quality, price, safety or legality of the Products listed, the truth or accuracy of the listings, the ability of sellers to sell Products or the ability of buyers to pay for Products and we make no warranty or representation, or have no liability to you, whatsoever in relation to, arising out of or in connection with the Products, Services or listings.
1.4 We do review listings for Products and services advertised and sold via this Site, but will not become involved in any disputes between sellers and buyers. If you purchase a Product or Service from or through an Advertiser, you are responsible for negotiating any costs of properties, rentals, services, delivery and insurance costs with the Advertiser.
1.5 You must therefore take the utmost care to satisfy yourself that the party with whom you deal is acting in good faith. Do not assume that any transaction is valid and legal simply because it is listed on this Site.
2.1 In consideration of your Use of the Site, you warrant that:
(a) you are 18 years of age or more; and
(b) your Use of the Site does not breach any applicable laws, rules and regulations.
2.2 We reserve the right to suspend or refuse access to the Services to certain persons without notice at our absolute discretion.
Once you are registered with us, you are solely responsible for all use and for protecting the confidentiality of any user identification and password which may be given to or selected by you relating to your access to this Site. You must not disclose such information or transfer it to any other person. You must immediately notify us of any unauthorised use of them or any other breach of security regarding this Site. We have the right to disable any user identification code or password, whether chosen by you, or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms.
4 Our duties
4.1 We operate the Site and shall perform the Services with such reasonable skill, care and diligence as may be expected of a service provider.
4.2 We shall maintain reasonable safeguards against the destruction, loss or unauthorised alteration of the content of the Site and shall maintain reasonable security procedures to restrict the destruction, corruption or unauthorised access to the Site, including the use of back up material.
5 Your Duties
In order to use this Site you must act honestly, comply with our Acceptable Use Policy and not abuse the Services offered. Abuse and fraudulent use of the Services, or contravention of our Acceptable Use Policy, may result in you being barred from this Site, at our absolute discretion.
6 Availability of Site
6.1 While we will use all reasonable endeavours to make the Services and the Site available, the internet is not a secure medium and it is technically impossible for us to provide fault free and totally secure Services nor do we guarantee to do so.
6.2 It may, for example, be necessary to temporarily suspend the Services for operational reasons (e.g. for upgrades, repairs or planned maintenance or outages). In such cases, we shall aim to restore the Services as soon as possible.
6.3 If you become aware of a fault with the Site or the Services you should contact us via the Contact Us link on the Site.
7 Intellectual Property Rights
7.1 We are the owner of all intellectual property rights in our Site, and in the material, including (but not limited to) design, text, graphics, and all software compilations and underlying source code in it and published on it. These works are protected by copyright laws and treaties worldwide. All such rights are reserved are the copyright of Silverhairs Limited. You may can only download, print out or store portions of this Site for your own personal use or information or that of your firm or company. Any other use of material from this Site, including reproduction for purposes other than those stated above, publication, modification, sale, distribution, posting or transmission in any way without our express prior written consent is strictly prohibited. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of material on our Site must always be acknowledged.
7.2 The Silversurfers name belongs to us. All other trademarks, product names and company names and logos that appear on the Site are the property of the respective owners. We do not give any permission or licence in respect of the use of any such brand names, product names or titles or titles or copyrights and such use may constitute an infringement of the holder’s rights.
7.3 We grant to you a non-exclusive and non-transferable licence to use our intellectual property rights for the sole purpose of enabling you to use the Services.
7.4 We acknowledge and agree that all your intellectual property rights shall be and remain your property and nothing in these terms shall operate as an assignment to us of such rights.
7.5 You grant to us a royalty-free, worldwide, non-exclusive licence to use your intellectual property rights for the sole purpose of providing the Site and the Services via the Site.
7.6 You agree to indemnify us fully against liabilities, costs or expenses that we may incur as a result of your breach of any third party’s intellectual property rights.
7.7 You may not provide a link to this Site from any other website without our prior written permission, and the minimum requirements you would have to meet are that such link is made in a way that is fair and legal and does not damage our reputation or take advantage of it, and does not 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.
7.8 Our Site must not be framed on any other site, nor may you create a link to any part of our Site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.
8 Your information
8.1 Your Information is defined as any information you provide to us or other users in relation to the Services including the registration, forums, blogs, advertising, selling, listing, buying or feedback process (including, without limitation, any description of items listed), your postings on the message boards and any other content that you post within the Site. You are solely responsible for Your Information, and we act as a mere conduit for your online information, comments, advertising and distribution and publication of Your Information. You grant us a royalty-free, world-wide, perpetual, irrevocable license to use, reproduce, modify, adapt, publish distribute and display Your Information on this Site or on any Site we deem suitable.
8.2 Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.
8.3 Any material you upload to our Site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy.
8.4 We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.
9 Limitation of Liability
9.1 We warrant that we shall perform the Services with all due diligence and skill and in accordance with the standards of any reasonable service provider.
9.2 Commentary and other materials posted on our Site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by Users or any visitor to our Site, or by anyone who may be informed of any of its contents.
9.3 We aim to update our Site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our Site may be out of date at any given time, and we are under no obligation to update such material.
9.4 The material displayed on our Site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, our associates and third parties connected to us hereby expressly exclude:
(a) all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
(b) any liability for any direct, indirect or consequential loss or damage incurred by any User in connection with our Site or the use, inability to use, or results of the use of our Site, any websites linked to it and any materials posted on it, including:
- (i) loss of income or revenue;
- (ii) loss of business;
- (iii) loss of profits or contracts;
- (iv) loss of anticipated savings;
- (v) loss of data;
- (vi) loss of goodwill;
- (vii) wasted management or office time; and
- (viii) whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
9.5 This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
9.6 We use third party services to secure and protect your credit card information and assist your shopping experience. Any losses incurred or sustained by you in submitting information shall be borne solely by you and under no circumstances shall such losses be borne by us.
9.7 You agree to waive any claim you may have against us that is in any way connected with a dispute you have with another user of our services and Site and you agree to indemnify us for any losses or liability we suffer as a result of any claim against us by another user or any other third party as a result of your such use or in relation to your dealings with such other user or third party
9.8 Except as specified in these Terms, neither we nor our affiliates, officers, directors, agents, consultants and employees shall be liable to you for any loss or damage whatsoever or howsoever caused arising directly or indirectly in connection with the supply of Products, Services, the Site, the connectivity to the internet, any software or its use, application, support or howsoever, except to the extent to which it is unlawful under the applicable laws and regulations to exclude such liability.
9.9 Notwithstanding anything else in these Terms, neither we nor affiliates, officers, directors, agents, consultants and employees shall be liable to you for loss of profits or contracts, loss of goodwill or other special, indirect or consequential loss whether arising from negligence, breach of contract or howsoever caused.
9.10 In addition, we make no representation or warranties about the accuracy, completeness or suitability for any purpose of the information and related graphics published on our Site. From time to time our Site may contain technical inaccuracies or typographical errors. All liability of Silverhairs Limited or of its affiliates, officers, directors, agents, consultants and employees howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
9.11 Notwithstanding the foregoing, nothing in these Terms is intended to limit any rights you might have as a consumer neither under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
10 Site in United Kingdom
10.1 Silverhairs Limited is a company registered in England and Wales and the Site is based in the UK.
10.2 Some transactions might involve sellers shipping items to Users outside the United Kingdom or outside the territory in which the Advertiser or ultimate seller resides. All parties must observe and comply with all applicable regulations and legislation, including obtaining all necessary registrations, licenses or permits. Further, the importation and exportation of some items may be prohibited by certain national laws.
10.3 We make no representation and accept no liability whatsoever to any User in respect of the issuance or validity of any exportation or importation permits or the existence nor exercise of exportation or importation regulations or any compulsory purchasing regimes.
11 Restricted Products
11.1 We hold a list of restricted Products on Silversurfers.com. While we will attempt to ensure that such Products are not offered for sale via the Site, we cannot guarantee to prevent all such Products from appearing on the Site.
11.2 You must not buy any such Products and we do not accept any obligation to protect you from any such Products nor give any warranty or guarantee that all Products listed on the Site will be safe and harmless.
12.1 Silverhairs Limited has the right to issue in its sole discretion a warning, temporary suspension, or an indefinite suspension and termination of your rights to use our Services if you:
(a) act inconsistently and in breach of these terms and conditions; or
(b) at any time violate or attempt to violate any rights of any other user of the Services or third party; or
(c) are engaged in any fraudulent activity.
12.2 Any termination shall be without prejudice to the rights or liabilities of either party under these terms and conditions.
14 Force Majeure
We shall not be in breach of this agreement or otherwise liable for any delay in performance if to the extent that any delay or failure is due to the circumstances beyond our reasonable control and including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
Except as otherwise stated, any notices you wish to send to us should be e-mailed to our Contact Us link on www.Silversurfers.com. Any notices that we may wish to draw to your attention will be displayed on our Site.
16 No waiver
No failure or delay by us in exercising any of its rights under these terms and conditions shall be deemed to be a waiver of that right, and no waiver by us of any breach of these terms and conditions by you shall be considered as a waiver of any subsequent breach of the same or any other provision.
If any part of these Terms is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
18 Third Parties
A person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms.
19 Entire Agreement
These Terms, together with any document expressly referred to within its provisions, contains the entire agreement between us relating to the subject matter covered and supersedes any previous agreements, arrangements, undertakings or proposals, written or oral, between us in relation to such matters or any statements made to you by any person, including (without limitation) any of our employees or agents. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
20 Jurisdiction and applicable law
20.1 The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Site although we retain the right to bring proceedings against you for breach of these Terms in your country of residence or any other relevant country.
20.2 These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.