Terms & Conditions
JT Bullion Ltd (trading as Tim Hogarth Pawnbrokers) (“We/Us/Our”) is a limited company incorporated in England and Wales (Company Number 06972702) whose registered office address is at Victoria Court, 91 Huddersfield Road, Holmfirth, West Yorkshire HD9 3JA. Our VAT No. is 988 30 22 90.
These Terms, together with the Contract Document, form the basis of a legally binding contract between You and Us under which We agree to provide You with the Services for the Term. You should read these Terms carefully before You sign the Contract as You confirm your acceptance of these Terms and agree to comply with them upon your signature of the Contract.
1 DEFINITIONS AND INTERPRETATION
1.1 In these Terms the following words and expressions shall have the following meanings:
“Act” has the meaning given to it in Clause 15.2.
“Agreement to Terminate” means Our standard Agreement to Terminate document to be signed by You and any Joint Customer which has the effect of terminating the Contract once We are satisfied that You have complied with Your obligations in Clause 12.3.
“Box” means the safe deposit box hired by You under the Contract and more particularly defined in the Contract.
“Business Day” means Monday to Sunday excluding any public or bank holiday in England.
“Business Hours” means during a Business Day the hours of 8.00am to 6.30pm on a Monday to Saturday and 11.00am to 3.00pm on a Sunday.
“Contract” means the legally binding document(s) (referred to by Us as the Contract Document) that governs the relationship between You and Us for the supply of the Services. The Contract incorporates, and is subject to, these Terms.
“Customer Key” means each key We provide to You to open and lock the Box.
“Data” has the meaning given to it in Clause 15.2.
“Deposit” means the sum of money payable by You at the start of the Contract and which is returnable by Us to You in accordance with these Terms and as more particularly defined in the Contract.
“Fees” means the fees payable by You for the Services and more particularly defined in the Contract or the Price List (as relevant).
“Force Majeure Event” means any event affecting the performance of any provision of the Contract arising from or attributable to acts, events, omissions or accidents which are beyond Our reasonable control including, but without limitation, any abnormally inclement weather, flood, lightning, storm, fire, explosion, earthquake, subsidence, structural damage, epidemic or other natural physical disaster, failure or shortage of power supplies, traffic, road accident, delay of a third party carrier, breakdown of plant and/or machinery third war, military operations, riot, crowd disorder, strike, terrorist action, civil commotion and any legislation, regulation, ruling or omissions (including failure to grant any necessary permissions) of any relevant government, court or authority.
“Initial Period” means the initial minimum duration of the Contract which will commence from the Start Date and (unless otherwise agreed by Us) is more particularly defined in the Contract as either:
(a) one month (being referred to herein as a “Monthly Contract”); or
(b) one or two years (each being referred to herein as a “Yearly Contract”).
“Joint Customer” has the meaning given to it in Clause 7.1.
“Master Key” means the key We retain in relation to the Box.
“Monthly Renewal” has the meaning given to it in Clause 3.2.
“Nominee” means each person that You have nominated to Us under Clause 7.2 to have access rights to the Box.
“Party” and “Parties” means You or Us or both You and Us (as is applicable).
“Price List” means Our standard list of fees and ancillary charges in connection with Services as may be amended by Us from time to time.
“Services” means the supply of safe deposit box services (including any ancillary services) provided to You by Us under the Contract.
“Start Date” means the date on which the Contract first becomes signed by both Parties or such other date as may be specified in the Contract.
“Terms” means these safe deposit box terms and conditions.
“Yearly Renewal” has the meaning given to it in Clause 3.3.
“You” means the person(s) as identified in the Contract as the “Customer(s)” to whom the Services are provided to by Us and “your” should be construed accordingly.
1.2 Any reference in these Terms to:
(a) a statute or a provision of a statute shall be construed as a reference to that stature or provision as amended, re-enacted or extended at the relevant time;
(b) a clause is to a clause in these Terms; and
(c) a person includes an individual, a firm, a corporation, an unincorporated association, a government, a state, an agency of government or state, and an association, partnership and joint venture (whether or not having a separate legal personality).
1.3 Any phrase introduced by the terms “including”, “include”, “in particular” or any similar expression, shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
1.4 The headings in these Terms are for convenience only and shall not affect their interpretation.
1.5 Where the context dictates, the singular shall include the plural and vice versa and any gender includes the other gender.
2 APPLICATION OF THESE TERMS
2.1 In addition to any terms stated in the Contract, these Terms apply to the provision of the Services to You. If any of these Terms conflict with any term of the Contract, the Contract will take priority. These Terms prevail over any terms or conditions proposed by You and such are expressly excluded from the Contract.
2.2 We may revise these Terms at any time upon giving You at least one month’s prior written notice if changes are reasonably required to be made by Us as a result of changes in relevant laws and/or regulatory or legal requirements affecting You, Us and/or the Services. We will not otherwise revise these Terms during the Contract unless the Parties agree in writing.
2.3 If You are entering into the Contract as a consumer, You have legal rights in relation to Services not carried out with reasonable skill and care. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office and nothing in these Terms will affect these legal rights.
2.4 You may only enter into the Contract for your benefit and not on behalf of any other person.
3 INITIAL PERIOD AND RENEWALS
3.1 The Contract shall be in force and effect for the Initial Period and thereafter shall continue in force and affect in accordance with this Clause 3 unless terminated in accordance with Clause 12 or by law.
3.2 A Monthly Contract will continue in force and effect after the Initial Period for further consecutive periods of one (1) month (each a “Monthly Renewal”) unless terminated in accordance with Clause 12 or by law.
3.3 A Yearly Contract will continue in force and effect after the Initial Period for further consecutive periods of one (1) year (a “Yearly Renewal”) unless terminated in accordance with Clause 12 or by law.
4 FEES AND PAYMENTS
4.1 On or before the Start Date You agree to pay to Us in cleared funds (via one of the payment methods We accept):
(a) the Deposit; and
(b) the Fees for the Initial Period.
4.2 We reserve the right from time to time to update the Price List. Updates to the Price List shall not affect the Fees payable by You for the Initial Period. In the event that the Contract automatically renews after the Initial Period (see Clause 3) then the Fees payable by You for each Monthly Renewal or Yearly Renewal shall be the fees as stated in the Price List in effect at the time of renewal.
4.3 You shall pay to Us in cleared funds the Fees (via one of the payment methods We accept) on or before each Monthly Renewal or each Yearly Renewal (as relevant). Unless the Contract is terminated in accordance with Clause 12 before the commencement of a Monthly Renewal or Yearly Renewal (as relevant) (or at least seven (7) days before in the case of a termination under Clause 12.3) You acknowledge that the Fees will be due for each Monthly Renewal and Yearly Renewal and may be collected by Us via a standing order or debit/credit card payment.
4.4 All Fees are stated to be in Great British Pounds Sterling and include VAT (unless otherwise stated in the Contract). The Deposit is not subject to VAT but if the Deposit is or becomes subject to VAT We reserve the right to request the payment by You of the VAT amount and You agree to pay this.
4.5 Upon the termination of the Contract the Deposit shall be paid to You provided that We have received all Customer Keys for the Box and all monies due and owing to Us under the Contract. We reserve the right to deduct from the Deposit the cost of replacement Customer Keys and/or lock to the Box (as per the current Price List) and any monies due and owing from You to Us under or in connection with the Contract.
4.6 Without prejudice to any other rights that We may have, if You do not make any payment due to Us by the due date for payment then:
(a) We may charge interest to You on the overdue amount at the rate of 3% a year above the base lending rate of National Westminster Bank plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay Us interest together with any overdue amount; and/or
(b) We may suspend the Services without notice until payment in full (which may include preventing access to You and/or any Nominee); and
(c) Our liability to You in respect of the Services (including the contents of the Box) shall cease until payment in full.
5 THE KEYS
5.1 Without the use of physical destructive force, the Box will require both a Customer Key and the Master Key to open and lock. You will receive two identical Customer Keys for the Box. We retain the Master Key and do not have access to any Customer Key once handed to You.
5.2 We remain at all times the legal and beneficial owner of each Customer Key. You:
(a) will not allow any person (other than a Nominee) access to a Customer Key;
(b) are solely responsible and liable for the safe keeping of each Customer Key;
(c) must not copy a Customer Key or allow any other person to copy a Customer Key;
(d) must immediately notify Us by telephone if :
(i) a Customer Key is missing, lost or stolen (or You have reasonable reason to suspect such); or
(ii) You believe or have reason to suspect a Customer Key may be used by a person (other than a Nominee) to access the Box.
5.3 In the event that a Customer Key is missing, lost or stolen We shall use physical destructive force to open the Box, replace the lock and replace the Customer Key subject to the prior payment by You of the costs incurred by Us in undertaking these activities. We reserve the right to use the Deposit against such costs incurred by Us (whether as part or full payment).
6 THE BOX
6.1 Access to the Box is only available and permitted during Business Hours. Access shall only be permitted to You, a Joint Customer and/or each Nominee on the production of a Customer Key and such identification as We may reasonably request. We will comply with Our internal identification procedures to seek to establish the identity of any person requesting access to the Box and reserve the right to refuse access to any person whom We reasonably believe is not You or a Nominee.
6.2 We shall inform You of the procedures You are required to follow in order to be granted access to the Box on or before your first access of the Box.
6.3 By entering into the Contract You agree that You will (and will procure each Nominee will):
(a) not store in the Box any illegal, offensive, immoral, obscene, noxious, poisonous, corrosive, explosive, inflammable, living or perishable items;
(b) not store in the Box any items that are weapons, ammunition, chemicals, stolen, banned, embargoed, subject to import restrictions or that are the proceeds of any unlawful activities or crimes;
(c) not store in the Box any other item which will or may cause harm to any person or property; and
(d) use the Box in connection with lawful purposes only.
6.4 You agree to compensate Us fully and pay to Us all costs, expenses, damages, charges and claims that We suffer or incur in connection with a breach of Clause 6.3.
6.5 We reserve the right (and indeed may be legally compelled) to report to any relevant United Kingdom authority any suspicion or knowledge We may have of money laundering, tax evasion, use of the proceed of crimes and/or the financing of terrorism.
6.6 Notwithstanding any other terms of the Contract, in the event that We receive any order, instruction or notice from any lawful authority or Court having jurisdiction in the United Kingdom requiring the same, We reserve the right without giving notice to You to:
(a) permit such lawful authority or Court access to the Box (which may include using physical destructive force to open the Box) and to such other records and information which We may hold in whatever form;
(b) refuse any person (including You, a Joint Customer and any Nominee) access to the Box and its content.
6.7 You do not own the Box. You (and each Nominee or Joint Customer) are fully responsible for relocking the Box with the Customer Key after each access to the Box.
6.8 The Box will be subject to the atmospheric conditions of the building in which the Box is housed. We do not warrant or agree to any specifications or requests made by You with regard to such atmospheric conditions and it is your responsibility to ensure that the contents of the Box are suited to the conditions.
7 YOU, JOINT CUSTOMERS AND NOMINEES
7.1 If You are a natural person You may rent the Box solely in one name or in joint names with one other identified natural person (each person being referred to as “You” herein and also as a “Joint Customer“). Each such person will have equal control and access rights to the Box.
7.2 Subject to the payment of fees (as per the Price List), at any time during the Term You may nominate one natural person to have access rights to the Box (referred to as a “Nominee”). Each Box shall be permitted no more than one Nominee. Any such nomination must be in writing and signed by You. A Nominee will be subject to Our identification procedures and may be required to provide in person or otherwise such information as We may request. In any event, access will only be granted subject to the Nominee having a Customer Key to open the Box. We reserve the right to refuse access rights to any Nominee requested by You in our sole discretion.
7.3 A Joint Customer and a Nominee will only be removed from the Contract (and denied further access and/or control rights over the Box) upon:
(a) Your written request in the event of the death of the relevant Joint Customer or Nominee (and subject to You providing to Us a copy of the death certificate or such other adequate evidence that We may request of You); or
(b) Our receipt of a signed written request of removal from the relevant Joint Customer or Nominee (and subject to Our reasonable satisfaction of the origin and authenticity of the request).
7.4 We are not liable to You or any other person for the acts or omissions of any Joint Customer or Nominee. You shall procure the compliance of each Nominee with the relevant terms of the Contract and shall compensate Us for all costs, expenses, damages, charges and claims that We suffer or incur in connection with the acts or omissions of a Nominee.
8.1 We agree to provide the Services to You with reasonable skill and care.
9.1 It is your responsibility to (and We strongly recommend that You) adequately insure the items stored in the Box to their full replacement value against all loss and/or damage. We are not able to insure against all potential liabilities that may arise through the use of the Box and/or Services and We exclude and limit Our liability to You in accordance with Clause 10.
10 LIMITATION OF LIABILITY
10.1 We do not attempt to exclude or limit any liability:
(a) for fraud or fraudulent misrepresentation;
(b) for personal injury or death resulting from Our negligence;
(c) any matter for which it would be unlawful for Us to exclude or to attempt to exclude Our liability.
10.2 If We fail to comply with the Contract or We are negligent, We are responsible for any loss or damage You suffer that is a foreseeable result of Our breach of the Contract or Our negligence (subject to Clauses 10.3 and 10.4), but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of Our breach or if they were contemplated by You and Us at the time we entered into this Contract.
10.3 If You are contracting with Us for the Services in the course of a business:
(a) all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract; and
(b) (subject to Clause 10.1) We shall under no circumstances whatever be liable to You, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, revenue, sales, turnover, data or other economic loss (whether direct or indirect) arising under or in connection with the Contract.
10.4 Subject to Clause 10.1, Our total liability to You (including any Joint Customer and Nominee) in connection with all losses and damage arising under or in connection with the Contract (whether in contract, tort (including negligence), breach of statutory duty, or otherwise) shall be limited to the amount stated in the Contract.
11 FORCE MAJEURE
11.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under the Contract that is caused by a Force Majeure Event.
11.2 If a Force Majeure Event takes place that affects the performance of Our obligations under the Contract:
(a) We will contact You as soon as reasonably possible to notify You; and
(b) Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Force Majeure Event. Where the Force Majeure Event affects Our performance of Services to You, We will restart the Services as soon as reasonably possible after the Force Majeure Event is over.
12 TERMINATION OF THE CONTRACT
12.1 We may terminate the Contract at any time by providing You with no less than fourteen (14) days prior written notice of the termination. The written notice shall inform You of the termination date of the Contract. Provided that You comply with Clause 13.1(a)-(c), We shall return to You the amount of Fees paid by You for any part of the Initial Period or a Monthly Renewal or Yearly Renewal (as relevant) after the termination date.
12.2 Without liability to You (including the repayment of Fees) We may terminate the Contract immediately upon written notice to You the occurrence of any of the following:
(a) You being in material breach of any term of the Contract and such breach not being capable of remedy;
(b) You being in material breach of any term of the Contract and failing to remedy such breach within seven (7) days of receipt of written notice specifying the breach and requiring it to be remedied;
(c) You (being an individual or firm) become bankrupt or go into sequestration, or (being a partnership) are wound up by the court or become bankrupt or go into partnership administration or sequestration, or (being a body corporate) are wound up by the court or are voluntarily wound up by reason of your inability to pay your debts or an administrator or receiver is appointed of any part or all of your income or assets and in any case if You enter into any informal or voluntary arrangement (whether or not in accordance with the Insolvency Act 1986) with or for the benefit of the general body of creditors of the individual, the partnership or the body corporate; or
(d) You suffer the equivalent of any similar or analogous event in (c) (above) in any jurisdiction.
12.3 You may elect to terminate the Contract at any time provided that You (and any Joint Customer) have:
(a) signed the Agreement to Terminate;
(b) collected all items from the Box;
(c) returned each Customer Key to Us or paid to Us (whether via the Deposit or otherwise) the the cost of replacement Customer Keys and/or lock to the Box.
In the event You elect to terminate the Contract in accordance with this Clause 12.3 and We are satisfied that You have complied with Your obligations in Clause 12.3, We shall immediately terminate the Contract. We will not be obliged to repay any portion of Fees (pre-payments or otherwise) paid by You in the event of such termination. In the event that the date of termination is less than seven (7) days before the next Monthly Renewal or Yearly Renewal (as relevant) You will be liable to pay to Us the Fees for the next Monthly Renewal or Yearly Renewal (as relevant).
13.1 Upon the termination of the Contract for whatever reason:
(a) all Fees and other charges due to Us under the Contract shall be paid immediately by You;
(b) You shall immediately (and no later than on the same Business Day as the date of termination) collect all items from the Box;
(c) You shall immediately (and no later than on the same Business Day as the date of termination) return each Customer Key to Us and any other of Our property in your possession or control;
(d) all access rights to the Box (save for as required to comply with Clause 13.1(b)) shall cease;
(e) We shall immediately cease to be liable to You or any other person for the contents of the Box.
We reserve the right to cease access to the Box upon the termination of the Contract in the event that any fees or charges payable and due by You to Us remain outstanding.
13.2 In the event that You do not comply with Clause 13.1(b) and/or (c) (for whatever reason) You shall pay to Us on demand:
(a) the daily storage charge stated in the Price List for each day or part day of your non-compliance (until such time as the Box is capable of being put into operation with another customer);
(b) any other costs and charges We incur in opening the Box (which may include the use of physical destructive force), replacing the lock of the Box and returning the contents of the Box to You.
13.3 In the event that You do not comply with Clause 13.1(b) and/or (c) (for whatever reason) for a period in excess of thirty (30) days from the date of termination We shall provide you with written notice that We intend to invoke our rights under this Clause 13.3. If after the expiration of fourteen (14) days from the date of service of the written notice You have still failed to comply with Clause 13.1(b) and/or (c) (for whatever reason) We shall be entitled without further notice to You to:
(a) open the Box (using physical destructive force if required) in the presence of an independent witness and create an inventory of each item in the Box as at opening (such inventory shall be signed by Us and the witness and shall be conclusive evidence of the contents of the Box);
(b) dispose of any of the items of the Box as We determine acting in Our sole discretion (which may include disposal by destruction, sale or return to You at the address used for the purpose of notices pursuant to Clause 23);
(c) deduct from the proceeds of any sale of items (if any) any monies due and owing to Us from You under the Contract and return to You any monies in excess of this amount at the address used for the purpose of notices pursuant to Clause 23);
(d) commence any further action against You as We deem appropriate to recover any outstanding sums due to Us under the Contract.
13.4 The accrued rights, remedies, obligations and liabilities of the Parties as at termination shall be unaffected, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination and clauses which expressly or by implication survive termination shall continue in full force and effect.
13.5 This Clause 13 survives the termination of the Contract.
14 DEATH/MENTAL INCAPACITY/INSOLVENCY
14.1 In the event of Your death or the death of a Joint Customer, We are under no obligation to allow access to the Box to any person that is not You, a Joint Customer or a Nominee, unless such person provides to Our reasonable satisfaction a valid grant of probate or letters of administration appointing such person as as the executor or administrator of your estate or the estate of the Joint Customer. We expressly reserve the right to make any such access conditional upon the entry of such person into an indemnity in our favour and in a form satisfactory to Us.
14.2 In the event of Your mental incapacity or the mental incapacity of a Joint Customer, We are under no obligation to allow access to the Box to any person that is not You, a Joint Customer or a Nominee, unless such person provides to Our reasonable satisfaction evidence of a valid appointment appointing such person as your power of attorney or the power of attorney of the Joint Customer. We expressly reserve the right to make any such access conditional upon the entry of such person into an indemnity in our favour and in a form satisfactory to Us.
14.3 In the event You suffer any event described in Clause 12.2(c), We are under no obligation to allow access to the Box to any person that is not You, a Joint Customer or a Nominee, unless such person provides to Our reasonable satisfaction evidence of a valid appointment appointing such person as your insolvency practitioner or the insolvency practitioner of the Joint Customer. We expressly reserve the right to make any such access conditional upon the entry of such person into an indemnity in our favour and in a form satisfactory to Us.
14.4 Furthermore, You agree that in the event of (i) your death; or (ii) the death of a Joint Customer; or (iii) the mental incapacity of You; or (iv) the mental incapacity of a Joint Customer; or (v) You and/or a Joint Customer suffering any event described in Clause 12.2(c):
(a) We are entitled to continue to allow access to the Box to any persons authorised to access the Box under the Contract (being You, any Joint Customer and each Nominee); and
(b) We may act on the instructions (which may include an instruction to open the Box) of an executor, administrator, power of attorney or insolvency practitioner (as relevant) without any liability to You, the Joint Customer or a Nominee; and
(c) where the Box is subject to single access restrictions requiring each Joint Customer to be physically present to access a Box, We may act on the single instructions of a Joint Customer and/or an executor, administrator, power of attorney or insolvency practitioner (as relevant) to allow access to the Box without liability to You and any single access restrictions shall cease to apply.
15 YOUR DATA
15.1 You agree to provide Us with information that is accurate and complete and it is Your responsibility to notify Us of any changes to the such information in writing and signed by You.
15.2 We are governed by the Data Protection Act 1998 (“Act”) and We are a data controller (as defined in the Act) of the personal data (as defined in the Act) We hold about You (“Data”).
15.3 You agree that We can:
(a) process and use the Data:
(i) to perform Our obligations under the Contract to You;
(ii) for account administration purposes;
(iii) for identity verification checks and/or credit checks (including via third party providers of such services); and
(iv) to meet Our legal and regulatory obligations in providing the Services.
(b) transfer, store and process the Data outside of the European Economic Area and We agree to take all steps reasonably necessary to ensure that the Data is treated in accordance with your legal rights.
16 JOINT AND SEVERAL LIABILITY
You and any Joint Customer are both parties to the Contract. You and any Joint Customer are jointly and severally liable in respect of the obligations arising under the Contract and so will be responsible for performing (and liable to Us for not performing) all of the obligations under the Contract expressed as being obligations owed by You.
17 RELATIONSHIP OF PARTIES
Nothing in these Terms or any document referred to herein shall be construed as creating a partnership or joint venture between the Parties for any purpose and neither Party shall have the power or authority to bind or act as agent for the other Party or impose any obligations on it for the benefit of any third party.
18 AMENDMENTS AND VARIATIONS
Subject to Clause 2.2, no other variation or amendments to the Contract or the Terms shall be binding unless agreed in writing by You and Us.
No delay in exercising or failure to exercise any of the rights of either Party arising from or in connection with the Contract shall operate as a waiver or release of that right. Any such waiver or release must be specifically granted in writing signed by the Party granting it.
20.1 We shall be entitled to perform any of the obligations undertaken by Us through any other person and any act or omission of any such person shall for the purposes of the Contract be deemed to be an act or omission of Us.
20.2 We may transfer Our rights and obligations under these Terms to another organisation, and We will always notify You if this happens, but this will not affect Your rights or Our obligations under these Terms.
20.3 The Contract is personal to You. You may only transfer Your rights or Your obligations under these Terms to another person if We agree in writing.
If any term, clause, condition or part of the Contract is found by any court, tribunal, administrative body or authority of competent jurisdiction to be illegal, invalid or unenforceable then that provision shall, to the extent required, be severed from the Contract and shall be ineffective without, as far as is possible, modifying any other provision or part of the Contract and this shall not affect any other provisions of the Contract which shall remain in full force and effect.
22 ENTIRE AGREEMENT
These Contract and these Terms represent the entire agreement between the Parties relating to the Services and supersede all previous agreements, arrangements and understandings between the Parties relating to the Services. Each Party acknowledges that in entering into the Contract it places no reliance on any representation, warranty or other statement relating to the subject matter of the Contract, other than as expressly set out in these Terms. No Party shall have any liability or remedy in respect of any representation warranty or other statement being false, inaccurate and/or incomplete unless it was made fraudulently or is contained in the Contract.
23.1 Notices under the Contract shall be served by personal delivery, or by first class post or by email to the addresses stated in the Contract Document (or such other address as a Party notifies to the other Party in writing from time to time).
23.2 Notices shall be deemed to be served:
(a) on delivery when delivered personally; or
(b) two (2) days after mailing if sent by mail, provided the postage is properly paid and such notice is correctly addressed to the respective Party; or
(c) on delivery when sent by email, provided that the Party sending the notice produces upon request appropriate evidence that the email was sent to the correct address.
24 CONTRACTS (RIGHTS OF THIRD PARTIES) ACT 1999
An entity which is not expressly a Party to the Contract shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract and the provisions of the Contracts (Rights of Third Parties) Act 1999 shall be expressly excluded from the Contract.
25 GOVERNING LAW
These Terms and the Contract are governed by English law. You and We both agree to submit to the exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
2. CHANGES TO THESE TERMS
2.2Please check this page from time to time to take notice of any changes we made, as they are binding on you.
3. CHANGES TO OUR SITE
3.1We 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.
3.2We do not guarantee that our site, or any content on it, will be free from errors or omissions.
4. ACCESSING OUR SITE
4.1Our site is made available free of charge.
4.2We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
4.3You are responsible for making all arrangements necessary for you to have access to our site.
5. INTELLECTUAL PROPERTY RIGHTS
5.1We are the owner or the licensee of all intellectual property rights in our site and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
5.2You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others to content posted on our site.
5.3You 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.
5.4Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
5.5You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
6. NO RELIANCE ON INFORMATION
6.1The 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.
6.2Although 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.
7. LIMITATION OF OUR LIABILITY
7.2To 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.
7.3We will not be liable to any user 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:
7.3.1use of, or inability to use, our site; or
7.3.2use of or reliance on any content displayed on our site.
7.4Please 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.
7.5We 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 on any website linked to it.
7.6We 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 will not be liable for any loss or damage that may arise from your use of them.
7.7Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods by us to you, which will be set out in our relevant terms and conditions of supply.
8.1We do not guarantee that our site will be secure or free from bugs or viruses.
8.2You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
8.3You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which 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.
9.1You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
9.2You 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.
9.3You must not establish a link to our site in any website that is not owned by you.
9.4Our 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.
9.5We reserve the right to withdraw linking permission without notice.
10. THIRD PARTY LINKS AND RESOURCES
10.1Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.
10.2We have no control over the contents of those sites or resources.
10. APPLICABLE LAW
12. TRADE MARKS
12.1“Vault Safe Deposit Centres” is a trade mark of J T Bullion Limited.
13. CONTACT US
13.1 To contact us, please email firstname.lastname@example.org
1.1 Vault Safe Deposit Centres are committed to protecting and respecting your privacy.
1.2 This policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. By visiting our site you are accepting and consenting to the practices described in this policy.
1.3 For the purpose of the Data Protection Act 1998 (the Act), the data controller is J T Bullion Limited of Victoria Court, 91 Huddersfield Road, Holmfirth, West Yorkshire, HD9 3JA.
2. INFORMATION WE MAY COLLECT FROM YOU
We may collect and process the following data about you:
2.1 Information you give us. You may give us information about you by filling in forms on our site or by corresponding with us by phone, e-mail or otherwise. This includes information you provide when you place an order on our site, submit an enquiry to our site, or enter a competition, promotion or survey and when you report a problem with our site. The information you give us may include your name, address, e-mail address and phone number and financial and credit card information.
2.2 Information we collect about you. With regard to each of your visits to our site we may automatically collect the following information:
2.2.1 technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;
2.2.2 information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our site (including date and time); products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our customer service number.
2.3 Information we receive from other sources. We may receive information about you if you use any of the other websites we operate or the other services we provide. We are also working closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies) and may receive information about you from them.
3. USES MADE OF THE INFORMATION
We use information held about you in the following ways:
3.1 Information you give to us. We will use this information:
3.1.1 to carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, goods and services that you request from us;
3.1.2 to provide you with information about other goods and services we offer that are similar to those that you have already purchased or enquired about;
3.1.3 to provide you, with information about goods or services we feel may interest you. If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale or negotiations of a sale to you. If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this. If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the form on which we collect your data (the order form);
3.1.4 to notify you about changes to our service;
3.1.5 to ensure that content from our site is presented in the most effective manner for you and for your computer.
3.2 Information we collect about you. We will use this information:
3.2.1 to administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
3.2.2 to improve our site to ensure that content is presented in the most effective manner for you and for your computer;
3.2.3 to allow you to participate in interactive features of our service, when you choose to do so;
3.2.4 as part of our efforts to keep our site safe and secure;
3.2.5 to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;
3.2.6 to make suggestions and recommendations to you and other users of our site about goods or services that may interest you or them.
3.3 Information we receive from other sources. We may combine this information with information you give to us and information we collect about you. We may us this information and the combined information for the purposes set out above (depending on the types of information we receive).
4. DISCLOSURE OF YOUR INFORMATION
4.1 We may share your personal information with any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.
4.2 We may share your information with selected third parties including:
4.2.1 Business partners, suppliers and sub-contractors for the performance of any contract we enter into with you.
4.2.2 Advertisers and advertising networks that require the data to select and serve relevant adverts to you and others. We do not disclose information about identifiable individuals to our advertisers, but we may provide them with aggregate information about our users. We may also use such aggregate information to help advertisers reach the kind of audience they want to target. We may make use of the personal data we have collected from you to enable us to comply with our advertisers’ wishes by displaying their advertisement to that target audience.
4.2.3 Analytics and search engine providers that assist us in the improvement and optimisation of our site.
4.2.4 Credit reference agencies for the purpose of assessing your credit score where this is a condition of us entering into a contract with you.
4.3 We may disclose your personal information to third parties:
4.3.1 In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
4.3.2 If J T Bullion Limited or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
5. WHERE WE STORE YOUR PERSONAL DATA
5.2 All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted using SSL technology.
5.3 Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
6. YOUR RIGHTS
6.1 You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at Victoria Court, 91 Huddersfield Road, Holmfirth, West Yorkshire, HD9 3JA.
6.2 Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
7. ACCESS TO INFORMATION
7.1 The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.
1.2 A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer’s hard drive. You can find more information about the individual cookies we use and the purposes for which we use them in the table below.
1.3 There are two types of cookies used on our website:
First party cookies: these are our own cookies, controlled by us and used to run the shopping cart system & provide information about usage of our site as follows:
woocommerce_cart_hash and woocommerce_items_in_cart: Used by the site to keep information about the e-commerce shopping cart.
wp_woocommerce_session_: Used to store unique code for the duration of the session.
1.4 You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site.