Welcome to GunZag! GunZag Services and its subsidiaries and affiliates (collectively, "GunZag") provide you with access to a variety of services, including but not limited to the gunzag.com website.
1. GENERAL (SEE POINT 18)
1.2 Once you have read these Terms and Conditions and if you wish to proceed to use our services you must click the [“I Agree”] button and you then will be able to proceed to register and become a user of GunZag Services. If you do not agree to these Terms and Conditions, you are not authorized to use this website and no contractual agreement can be created between us.
1.3 When you visit our website or send e-mails to us, you are communicating electronically. By agreeing to these Terms and Conditions you agree to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this website. You agree that all notices, agreements, disclosures and other communications that we provide to you electronically satisfy any requirement that such communications be in writing.
2. LEGAL NOTICE
2.1 All content of this website (including text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software) is our exclusive property or that of our content suppliers and is, unless specifically stated otherwise, protected by copyright or similar intellectual property rights. It is published by us and may not be reproduced other than by downloading and viewing on a single computer and/or printing a single hard copy, for private purposes only. It is not to be otherwise reproduced, transmitted, made available on a network or used to create derivative works without our prior written consent. All our rights are formally reserved.
2.2 The trade marks, logos and service marks shown on our website, unless otherwise specified, are the trademarks of GunZag. No rights are granted to use any of them without our prior written consent.
2.3 Any infringement of our rights will result in appropriate legal action.
2.4 Any framing of this website is prohibited. All links to this website must go to gunzag.com.Please do not link directly to any other pages on this website. We do not accept any responsibility or liability for access to or the material on any site which is connected by a link from to this website.
2.5 This notice is made by GunZag.
3. DATA PROTECTION AND PRIVACY
4.1 Access to your account, information and our services will be gained by using the username and the password selected by you during the registration procedure. You are responsible for ensuring the confidentiality and proper use of your username, password and account and for restricting access to your computer and you agree to accept responsibility for all activities that occur under your account or password. In order to assist us with our security policy, you should not leave your computer terminal unattended while you are logged on to our website and should ensure that it is switched off each time you have finished.
4.2 You must tell us immediately if you believe that an unauthorized person knows your username or password or has access to your account.
4.3 We reserve the right to refuse service or terminate accounts if we suspect that an unauthorized person is attempting to access it.
4.4 You agree that we shall not be liable for any losses you suffer as a result of unauthorized access to your account until such time as you have informed us of any unauthorized or possible unauthorized use of your username and password or of a breach of security. Our potential liability shall only then subsequently arise once we have had sufficient time to take all reasonably necessary steps to prevent any consequent breach of security or misuse of your confidential information.
5.1 This website may include hyperlinks to sites operated by other parties but we are not responsible for examining or evaluating them and their inclusion does not imply our endorsement of their material. You therefore agree that we will not incur any liability in respect of the content of any site accessed through a hyperlink contained on this website.
6. BASIS OF AGREEMENT
6.1 We will treat all dealings with you as being in accordance with these Terms and Conditions as being a contractual offer by you to use GunZag Services as set out in this website in accordance with these Terms and Conditions.
6.2 You must be over 18 years of age to use GunZag Services. If you are not then no contractually binding agreement can be established between us.
6.3 We will acknowledge receipt of your request to use GunZag Services without undue delay in accordance with the following provisions:
6.4 No request for the supply GunZag Services submitted by you is accepted by us until we confirm by e-mail or, at our option in any durable medium which includes e-mail our acceptance of the contract in question. No contract shall exist between you and us until we confirm our acceptance of your request in this way. Please note that our acknowledgement of receipt of your request is not our acceptance of the request itself that we will send separately.
6.5 We reserve the right to place restrictions on the extent and nature of any GunZag Services ordered. These restrictions will be based on the particular circumstances of the project in which you contemplate participating.
7.1 All product descriptions and content on our website and set out further in these Terms and Conditions or otherwise supplied or issued by us are intended merely to present a general idea of our services. If you require any further details, please contact us by e-mail, providing details of any additional information needed. However, if you obtain services which are not as described, have an unsuitable specification which was not apparent from our website or when provided by us do not match our description of them then we will at our option either supply alternative services or, where appropriate, replace the GunZag Services.
7.2 It is a central element of the GunZag Service that participants should agree to use the mediation process (the Dispute Resolution Terms) as annexed to these Terms and Conditions. This is in order to facilitate the establishments of the terms on which participants will make contributions to the GunZag Services.
8.1 You must ensure that you fully and accurately complete our Registration so as to give us any necessary information to enable us to carry out the GunZag Services. You warrant to us that the information supplied is correct.
9. OUR GUARANTEE
9.1 The GunZag Services will be of a reasonably acceptable standard and free of negligence by us but we will not be liable for loss unless we have been guilty of: -
9.1.1 wilful or accidental damage, misuse or neglect by third parties; or
9.1.2 unauthorized alterations or additions by third parties; or
9.1.3 any unforeseeable circumstances which are not due to our fault or negligence; or
9.1.4 any attempted action made by you to replace any service otherwise to be supplied by us; or
9.1.5 any failure to follow our instructions and advice.
9.2 Nothing in this guarantee affects any of your statutory rights as a consumer, details of which are set out below.
10. LIMITATION OF LIABILITY
10.1 This website or any part of it may not be compatible with your browser or computer configuration and we make no warranty that it is. We make no warranty that your access to our website will be uninterrupted, timely or error free and we will not be responsible if we are unable to provide the website for whatever reason.
10.2 We will not be liable for any losses that you suffer as a result of any breach of our agreement except those losses that are a foreseeable consequence of the breach. In particular, since the GunZag Services are provided to you as a consumer, we cannot accept responsibility for any losses related to any business of yours such as lost data, lost profits or other business loss that you may incur as a result of any breach of our agreement.
11. YOUR RIGHT OF CANCELLATION
11.1 You have a right to cancel our agreement without penalty and without giving any reason and this right can be exercised by forwarding to us at GunZag. At the end of these terms and conditions is a form of cancellation that you may use but we will accept any other form of cancellation provided it is addressed to us and adequately identifies you.
12. STATUTORY RIGHTS
12.1 As a consumer you have certain statutory rights regarding statements made in public by us or our representatives and the performance of the GunZag Services, as well as claims in respect of losses caused by our negligence or our failure to carry out our obligations. In certain circumstances you may require us to reduce the price you have paid for GunZag Services or cancel your contract with us. Nothing in these terms and conditions affects those statutory rights.
12.2 You also have certain statutory rights under the Electronic Commerce (EC Directive) Regulations 2002 because we are advertising our services online. If we do not comply with these Regulations you have certain remedies. These terms and conditions do not affect your remedies under those Regulations.
12.3 For further information about your statutory rights, please contact your local authority Trading Standards Department or Citizens’ Advice Bureau.
13.1 You can contact us to enquire about the status of GunZag Services being supplied by us to you or make any other query about our obligations by email through Contact GunZag. A copy of our written complaints procedure will be provided to you upon request.
14.1 Our website is operated and controlled from the United Kingdom and these terms and conditions and your use of this website are governed by and construed in accordance with the laws of the relevant part of the United Kingdom.
14.2 We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement the address for complaints is GunZag.
15. DISTANCE SELLING
15.1 These terms and conditions are intended to be consistent with the Consumer Protection (Distance Selling) Regulations 2000 as amended and nothing in them is intended to impose on you any duty or liability additional to those specified in those Regulations. If you would like a copy of these Regulations, they can be obtained from the UK Department of Trade and Industry.
16. ACCESS AND INTERFERENCE
The GunZag website contains robot exclusion headers. Much of the information on the GunZag website is updated on a real time basis and is proprietary or is licensed to GunZag by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the GunZag website for any purpose without our express written permission. Additionally, you agree that you will not:
16.1 take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our website infrastructure;
16.2 copy, reproduce, modify, create derivative works from, distribute or publicly display any content from the GunZag website without the prior expressed written permission of GunZag and any appropriate third party, as applicable;
16.3 interfere or attempt to interfere with the proper working of the GunZag website or any activities conducted on the GunZag website; or
16.4 bypass our robot exclusion headers or any other measures GunZag may use to manage, prevent or restrict access to the GunZag website or parts of it. GunZag does not authorize you to extract or re-utilize substantial parts of our site, or to make systematic and repeated extractions or re-utilizations of insubstantial parts of our site.
17.1 Without limiting our other remedies, GunZag may limit your activity on the GunZag website, immediately issue a warning, suspend or terminate your user registration or any of your item listings and refuse to provide our services to you without notice to you if:
17.1.1 you breach these Terms and Conditions or any documents incorporated by reference;
17.1.2 despite our reasonable endeavors, we are unable to verify or authenticate any information that you provide to us; or
17.1.3 we believe that your actions may cause us financial loss or legal liability.
18.1 You are not permitted to transfer your rights and obligations under these Terms and Conditions without our written authority. This authority will not be refused without good reason.
18.2 These Terms and Conditions and any contractual relationship established between you and us will be subject to English Law and to the excusive jurisdiction of the English Courts.