Terms & Conditions
Last Updated: 26 June 2020
- The Website is owned and operated by Quiet Oak Limited registered no. 12549433, registered office at 44 North Road, Great Abington, Cambridgeshire CB21 6AS, United Kingdom ‘Quiet Oak’).
- Your use of this Website is subject to the following Terms & Conditions, which you are deemed to accept by using the Website.
- Additional terms may apply where you make a purchase via, or place advertisements on, the Website.
2. Content rights
- All rights, including copyright, in the content shown on the Website are owned by Quiet Oak or are included with the permission of the owner of the rights. All rights in the Website and its content are reserved to Quiet Oak.
- As a visitor to this Website, you may view individual pages of the Website’s content on a single computer or other portable electronic viewing device only for your own private usage. You may print out individual pages from the Website only for the purposes of enabling you to retain the copy of each individual page for your personal use.
- You may not:
- Copy or disseminate any of the Website’s content for any commercial or business use;
- Alter, amend or modify the Website or its content;
- Record the Website or its content;
without our prior written consent.
3. Prohibited use of the Website and our content
- You agree not to:
- Remove any copyright or trade mark notice(s) from copies of content that you make in accordance with these Terms & Conditions;
- Transmit any of the Website’s content to any third party;
use the Website for any commercial purposes without our prior written approval;
- Place links on the Website which would take users to unlawful websites and/or content, or websites and/or content in breach of these Terms and Conditions;
- Use the Website’s content to create a database;
- Transmit any material containing software viruses or any other malicious computer programs, files or code via the Website;
- Transmit any material which may infringe any rights of a third party via the Website;
transmit any unsolicited or unauthorised advertising or promotional materials via the Website;
- Use the website to distribute any material where use of the material by Quiet Oak, or any of its third-party licensees, will give rise to any third-party claims;
- Use the Website to transmit any material which may or does bring Quiet Oak or any of its brands into disrepute or become party to a dispute;
- Transmit any material via the Website which is, or may be, malicious, offensive, abusive, pornographic, discriminatory, criminal (potentially or actual), constitutes a civil liability or breaches the privacy of an individual (other than yourself), in any country.
4. Intellectual property
- All Quiet Oak business names, copyright and related rights, trademarks, trade names, service marks, database rights, confidential information, trade secrets, know-how, passing off rights, unfair competition rights, patents, petty patents and rights in designs wherever in the world, whether registrable or unregistrable, registered or unregistered, including any application or right of application for such rights are the intellectual property rights of Quiet Oak and neither they nor any similar versions may be used by you for any private or commercial purpose without the prior written consent of Quiet Oak other than for the purpose of referring to Quiet Oak and its brands in a legal and good faith manner.
5. Links from the Website to other websites
- You may link to the Website subject to the following conditions:
- You may not copy the content of the Website;
- You may not create a border, browser or any other electronic representation around the Website;
- You may not imply any relationship with, or endorsement by, Quiet Oak;
- You may not replicate any logo or trademark displayed on the Website or within its content;
- You may only link from websites that you own;
- Your website must not contain any content that would be in breach of any condition of these Terms & Conditions;
without our prior written consent
- You acknowledge that whilst Quiet Oak endeavours to ensure that the Website, content provided on the Website and other content provided to you by Quiet Oak, whether by email or otherwise (“the Quiet Oak Content”) is accurate, current and complete, it is provided for general information purposes only and is not intended to address any specific requirement that you have and does not constitute or contain any form of advice, guidance or recommendation by Quiet Oak.
- All content on the Website, including information on suppliers, systems, pricing and offers, is believed to be complete and accurate at the time of publishing. However, you acknowledge that prices, offers and packages change over time and that this may result in inaccuracies or outdated information on some of the Website’s pages.
- You acknowledge that the Quiet Oak Content should not be relied upon by you to make (or refraining from making) any investment, business or personal decision and you acknowledge that you should obtain professional advice before making any such decision.
- You acknowledge that the Quiet Oak Content does not necessarily reflect the opinions or views of Quiet Oak or any of its brands.
- The Website may contain links to third party websites which are provided solely for your convenience. You will exit the Website if you use these links. You acknowledge that Quiet Oak has not reviewed any of these third-party websites, has no control over those third-party websites and has no responsibility for those websites, their availability nor their content. Quiet Oak does not endorse any third-party website nor does it make any representations about them, nor concerning any content found on them, nor concerning any outcomes that may result from using them.
- You acknowledge that if you access any third-party website via a link on the Website, you do so entirely at your own risk. Quiet Oak gives no warranty that links to third-party websites on the Website are sign posted as such.
- Links on the Website to third-party websites may result in you purchasing items from a third-party website. If you make a purchase from a third-party website that you have accessed via such a link on the Website, you acknowledge that you enter into a contract with that third-party at your own risk and Quiet Oak has no liability for that contract.
- You acknowledge that some of the Quiet Oak Content may be supplied by third parties and that Quiet Oak will not have checked the accuracy and completeness of such third-party Quiet Oak Content.
- Quiet Oak does not accept liability for any inaccuracy or omission in the Quiet Oak Content. These Terms & Conditions exclude all implied warranties to the extent permissible under applicable law.
- The Website may show advertising and/or sponsorship from time to time. You acknowledge that Quiet Oak is not responsible for the content of the material provided by such advertisers and sponsors nor for their compliance with statutory or voluntary codes of conduct or of operation. Quiet Oak provides no guaranty nor warranty that it will not take advertisements or sponsorship from your competitors.
- Whilst Quiet Oak endeavours to ensure that the Website is available on a twenty-four-hour basis interruptions, errors and delays may occur to the provision of the Website at any time due to the nature of telecommunications networks, particularly the internet. Accordingly, Quiet Oak does not provide any warranties, nor does it accept any liability, arising from any interruption in the Website’s availability.
- Access to the Website may be suspended without notice and on a temporary basis in the case of maintenance, repair, upgrade, system failure, or for any other reasonable cause as determined by Quiet Oak.
- Quiet Oak endeavours to ensure that the Quiet Oak Content does not contain or disseminate any computer viruses or other malicious code. Quiet Oak excludes liability in connection with any damage or loss caused by computer viruses or other malicious code originating or contracted from the Quiet Oak Content to the fullest extent permissible by applicable laws. It is recommended that you should check for computer viruses and/or malicious code on a regular basis.
7. Suspension of access to the Website
- Quiet Oak may, at its sole discretion, deactivate your account, block your email address, or otherwise suspend or cancel your access to all or any part of the Website immediately, and with no prior notice, if, for any reason, it believes that you have breached any provision of these Terms & Conditions
8. User indemnity
- You agree, without prejudice to clause 7.1 above, to compensate Quiet Oak in respect of any claims, losses, liabilities (including legal fees) and/or expenses which arise from your use of the Website and/or use of the Quiet Oak content, including (but not limited to) any statements, contributions or other content posted or shown by you on the Website or in breach of these Terms & Conditions.
9. Liabilities & exclusions from liability
- We reasonably endeavour to ensure that the content shown on the Website is current and accurate at the time of publication, but all terms, conditions and warranties implied under these Terms & Conditions or by common law or legislation are excluded to the fullest permitted extent.
- Quiet Oak will not be liable to you for any loss or damage caused by Quiet Oak, its employees or sub-contractors in circumstances where:
- There is no breach of a legal duty of care owed to you by Quiet Oak (or its employees or sub-contractors); or
- Such damage or loss is not a reasonably foreseeable result of any such breach; or
- Any increase in the loss or damage is as a result of your actions.
- Quiet Oak will not be liable for any damages (including, without limitation, damages for loss of revenue or profits) arising in contract, tort or otherwise from your use or inability to use the Quiet Oak Content or from any action taken (or refrained from being taken) as a result of your use of the Quiet Oak Content, including in respect of the infringement of third party rights arising from the your use of the Quiet Oak Content.
- Nothing in this contract will:
- Limit or exclude our liability for fraud or fraudulent misrepresentation;
- Limit or exclude our liability for personal injury or death resulting from negligence;
- Limit our liability in any way that is not permitted under applicable law; or
- Exclude our liabilities that may not be excluded under applicable law.
- Neither party shall be liable to the other party in respect of any loss of:
- Business, contracts, business opportunities, goodwill or reputation;
- Use or production;
- Data or database corruption;
- Revenue, income or sales;
- Profits or anticipated savings;
- Neither party shall be liable to the other party in respect of any loss arising out of a force majeure event e.g. an event, or a series of related events, that is outside the reasonable control of the party affected (including, changes to legislation, disasters, floods, fires, explosions, riots, terrorist attacks, wars, industrial disputes, power failures, failures of any telecommunications network including the internet, or hacker, virus or other malicious software attacks);
- Neither party shall be liable to the other party in respect of any indirect or consequential loss or damage.
- Our maximum liability to you in contract, tort (including negligence) statutory duty or otherwise under, or in connection with, these Terms & Conditions is limited to any fees or costs paid by you to us for a product or service provided specifically by us to you and which is the subject of your claim.
- Each party shall comply with all applicable laws relating to the processing of personal data including, while it is in force and applicable, the General Data Protection Regulation (Regulation (EU) 2016/679).
11. Entire agreement
- These Terms & Conditions comprise the entire agreement between the parties. These Terms & conditions take precedence over any prior agreement between the parties, including your own terms and conditions.
- Statements or representations (including innocent and negligent representation) made by one party may not be relied upon by the other party.
12. Variation of these Terms & Conditions
- Quiet Oak reserves the right to vary these Terms & Conditions from time to time as it sees fit. Such variations become effective immediately upon the posting of the revised Terms & Conditions on the Website.
- You will be deemed to accept any such variations of these Terms & Conditions by your continued use the Website.
13. General terms
- These Terms & Conditions form the entire agreement between the parties. Headings in these Terms & Conditions are for convenience only and have no legal meaning or affect.
- If any provision of these Terms & Conditions is found by any court or other competent authority to be unlawful, invalid and/or unenforceable, the remaining provisions of these Terms & Conditions will remain valid and continue in effect.
- If any invalid provision of these Terms and Conditions would be lawful or enforceable if part of the provision were deleted, that part of the provision will be deemed to be deleted, and the remaining part of the provision will continue in effect and be enforceable.
- No delay by Quiet Oak in enforcing any provision of these Terms & Conditions shall affect Quiet Oak’s rights to enforce any provision nor shall any waiver of Quiet Oak’s rights under these Terms & Conditions act as a waiver of any subsequent breach.
- Neither your rights nor obligations under these Terms & Conditions may be assigned, sub-licensed or otherwise transferred.
- These Terms & Conditions shall be governed by, and construed in accordance with, English law and any disputes relating to these Terms & Conditions shall be subject to the exclusive jurisdiction of the courts of England & Wales unless Quiet Oak shall elect to bring proceedings in the courts of the country of your residence or principal place of business.