1.1 We and our associated companies provide our products or services to you subject to these Terms and Conditions. You agree that if you visit any of our web sites, or we supply any of our products or services to you, you accept these Terms and Conditions. Please read them carefully. If you do not wish to be bound by these Terms and Conditions then you may not use our web site or order products or services from us.
1.2 We may alter these Terms and Conditions from time to time and post the new version on our web site, following which all use of our web site and orders for products and services will be governed by that version. You must check the Terms and Conditions on the web site regularly. In addition, where you order any services from 4th Platform or one of our associated companies we may send you separate terms and conditions governing the supply of those services. If you communicate to us your rejection of those terms and conditions within the time period specified therein, we will not supply you with the services and will refund the proportion of any monies paid by you that relate to the services. Where it is not possible, practicable or convenient for 4th Platform to isolate such services from any products or services supplied through this website and you communicate your rejection of the terms and conditions, 4th Platform will treat the contract for the products or services as rescinded and will refund to you all monies paid.
1.3 4th Platform and its associated companies reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
2.1 Headings in text are for interpretation only and shall not affect its interpretation.
3.1 When you visit 4th Platform’s web site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
4.1 All content included on this site, such as text, graphics, logos, button icons, images, audio or video clips, digital downloads, data compilations, and their selection and arrangement, and all software, is the property of 4th Platform, its subsidiaries, its content suppliers or the owner of the material and is protected by English and international laws. All rights are reserved.
4.2 The 4th Platform logo is our registered trade mark. Other brands (if any) mentioned on this web site may be the trade marks or registered trade marks of their respective owners.
4.3 4th Platform grants you a limited licence to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with our express written consent. This licence does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of 4th Platform. You may not frame or utilise framing techniques to enclose any trade mark, logo, or other proprietary information (including images, text, page layout, or form) of 4th Platform and our associated companies without express written consent. You may not use any meta tags or any other “hidden text” utilising 4th Platform’s name (or other registered name of the 4th Platform group of companies) or trade marks without the express written consent of 4th Platform. Any unauthorised use terminates the permission or licence granted by 4th Platform. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of 4th Platform so long as the link does not portray 4th Platform, its associated companies, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any 4th Platform logo or other proprietary graphic or trade mark as part of the link without express written permission.
4.4 4th Platform and its associated companies respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us.
5.1 If you use this site, you are responsible for maintaining the confidentiality of your account, user name and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account, user name or password.
6.1 A contract for us to sell you goods or services (“Contract”) is made on the basis of these Terms and Conditions (to the exclusion of all other terms and conditions including any terms proposed by you) when we accept your order for goods or services through our web sites.
6.2 The description of the goods, services, price, currency, VAT, insurance and delivery costs are set out in the order page.
6.3 Orders shall be accepted at our sole discretion but are normally accepted if the goods or services are available, the order reflects current pricing and you are registered as a customer with us.
6.4 We reserve the right to substitute goods or services of a similar quality, quantity and value for those ordered by you. Notification of any such substitution will be made by such means as are reasonably practicable to us in the light of the value of the order placed by you and the requested delivery time.
7.1 No order may be cancelled by you or products returned after 4th Platform has accepted the order.
7.2 We may cancel an order at any time or vary payment terms (e.g. COD) without liability for compensation if you are unable (in response to a written request) to satisfy us that you are able to pay for the order and all prior orders then outstanding (whether then due for payment or not). This clause applies irrespective of whether you have a credit facility with us.
7.3 If you are a consumer, we will be happy to exchange or refund any product (including software) within 7 working days of purchase provided that, in the case of software, you have not unsealed or installed the software and, in the case of services, that we have not already provided the services to you. We refund you for the original purchase price of the product (including software), in accordance with this clause, within five working days of receipt of the goods by us.
8.1 All monies due to us for products or services provided by us must be paid by the date specified (if any), or if no date is specified (and subject to the remainder of this clause) within 30 days of the date of invoice without set off or other deduction. All prices are expressed exclusive of VAT which must be paid to us in addition, at the relevant prevailing rate. If payments by instalments are specified we are nevertheless entitled to payment of the total price on demand. Time for payment shall be of the essence. Interest on all monies payable under this Contract which you do not pay when due shall accrue from the date when payment becomes due from day to day until payment at the rate of five per-cent per annum above the base rate of Barclays Bank plc from time to time in force, and shall accrue after as well as before any judgement.
9.1 Visitors may submit via email or other electronic communication ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a credit or debit card or other content. 4th Platform reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
9.2 If you do post content or submit material, and unless we indicate otherwise, you grant 4th Platform and its associated companies a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant 4th Platform and its associated companies and sub licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify 4th Platform or its associated companies for all claims resulting from content you supply. 4th Platform has the right but not the obligation to monitor and edit or remove any activity or content. 4th Platform takes no responsibility and assumes no liability for any content posted by you or any third party.
10.1 Although we will endeavour to meet dates specified for delivery, we shall not be liable in any manner for failure in, delay of or non-delivery.
10.2 We have the right to deliver by instalments and to charge separately for each instalment. If an instalment is incorrect for any reason this will not entitle you to repudiate the entire Contract.
10.3 If we are entitled to delay delivery or if delivery is not possible because of your actions or inaction then we will be entitled to make reasonable extra charges for storage or inconvenience, and shall have the option at any time to terminate the order without prejudice to our accrued rights.
10.4 Where you receive any invoice (or statement from us referring to an invoice) in respect of which no delivery has been made then you must notify us of non-delivery in writing within 2 days.
10.5 You must inspect the products so that you are able to notify us of short delivery, wrong delivery or other visible breach of contract (such as visible damage or circumstances giving rise to suspicion of damage or loss in transit, or inadequate "best before" or "use by" dates) on receipt. Where a breach of contract is not visible at the time of delivery, you must notify us of such breach within 3 working days of delivery.
10.6 Orders accepted by 3pm will usually be despatched by pre-paid carrier the same working day, delivery to you will usually be within 3 working days of despatch.
11.1 Risk of damage to or loss of any product shall pass to you upon the earlier of the following: when the product is delivered by us to you at the address specified or at the time the product is collected from our premises and is being loaded by you for collection or from the time we notify you that the product is ready for delivery.
11.2 Notwithstanding delivery and the passing of risk in the product or any other provisions of our contract, property in any product shall not pass to you until we have received payment in full. Until such time as the property in product passes to you, you shall hold them as our fiduciary agent and bailee and shall keep them separate from those of yours and third parties and properly stored, protected and insured and identified as our property, but you may (unless we revoke such entitlement in writing) resell or use the product in the ordinary course of business in which event, our rights shall attach to the proceeds of such sale. Until such time as the property in the product passes to you we may at any time require you to deliver them up to us and if you fail to do so we may enter your premises or the premises of any third party to repossess them.
12.1 4th Platform and its associated companies attempt to be as accurate as possible. However, 4th Platform does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other documents or information issued by us shall be subject to correction without any liability on our part.
14.1 Parties other than 4th Platform and its associated companies offer to provide services, or sell product on this site. We may provide links to the sites of certain other selected businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their web sites. 4th Platform does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
15.1 WE SHALL NOT BE LIABLE TO YOU OR BE IN BREACH OF CONTRACT BECAUSE OF ANY DELAY OR FAILURE TO PERFORM ANY OF OUR OBLIGATIONS IF THE DELAY OR FAILURE IS DUE TO ANY CAUSE BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, EXPLOSION, FLOOD, TEMPEST, FIRE OR ACCIDENT, WAR OR THREAT OF WAR, SABOTAGE, INSURRECTION, CIVIL DISOBEDIENCE OR REQUISITION, ACTS, RESTRICTIONS, REGULATIONS, BYLAWS, PROHIBITIONS OR MEASURES OF ANY KIND ON THE PART OF ANY GOVERNMENTAL, PARLIAMENTARY OR LOCAL AUTHORITY, IMPORT OR EXPORT REGULATIONS OR EMBARGOS, STRIKES, LOCKOUTS OR OTHER INDUSTRIAL ACTION, OR TRADE DISPUTES, DIFFICULTIES IN OBTAINING RAW MATERIALS, LABOUR, FUEL, PARTS AND MACHINERY OR POWER FAILURE OR BREAKDOWN IN MACHINERY.
15.2 EXCEPT IN RESPECT OF DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR FRAUD FOR WHICH NO LIMITATION APPLIES, WE SHALL NOT BE LIABLE TO YOU BECAUSE OF ANY REPRESENTATION, WARRANTY, CONDITION OR OTHER TERM, OR ANY DUTY AT LAW (WHETHER EXPRESS OR IMPLIED), OR UNDER THESE TERMS AND CONDITIONS FOR LOSS OF PROFIT OR DATA OR FOR ANY INDIRECT SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGE. EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS CLAUSE OUR ENTIRE LIABILITY UNDER OR IN CONNECTION WITH THE SUPPLY OF PRODUCTS OR SERVICES OR YOUR USE OF OUR WEBSITES SHALL NOT EXCEED 150% OF THE MONIES YOU PAY US FOR THE PROVISION OF SAID PRODUCT OR SERVICE.
15.3 THIS SITE IS PROVIDED BY 4TH PLATFORM ON AN “AS IS” AND “AS AVAILABLE” BASIS. 4TH PLATFORM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
15.4 4TH PLATFORM DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM 4TH PLATFORM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 4TH PLATFORM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS OR ANY OTHER 4TH PLATFORM SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
15.5 CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
15.6 THESE TERMS AND CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS (IF APPROPRIATE) AS A CONSUMER.
16.1 We reserve the right to make changes to our site, policies, and these Terms and Conditions at any time. If any of these Terms and Conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
17.1 These Terms and Conditions shall be construed in accordance with English Law and you submit to the exclusive jurisdiction of the English court.
Principal I Ltd. a company registered in England (registered number 02090199)
Principal III Ltd. a company registered in England (registered number 03783259)
4th Platform/Principal Web Terms and Conditions v5