The Bottom Drawer Website - Terms of Use
This Website is operated by The Bottom Drawer Limited ("the Bottom Drawer"). Your use of the Bottom Drawer website ("Website") is governed by these Terms of Use ("Terms"). By accessing and/ or using the Website, you accept these Terms.
1. Copyright Licence/ Restrictions
1.1 All Website content is protected by copyright of the Bottom Drawer or other applicable owner.
1.2 Subject to this clause 1 and the other obligations upon you contained in these Terms, the Bottom Drawer grants and you accept a non-exclusive, non-transferable licence to access and use the Website for the purpose of your own personal use and/ or your own internal business.
1.3 You agree to fully indemnify and to hold the Bottom Drawer indemnified from and against any claim brought by a third party resulting from your use of the Website and in respect of all losses, costs, actions, claims, expenses or liabilities whatsoever suffered or incurred directly by the Bottom Drawer in consequence of any breach or non-observance of these Terms.
1.4 You acknowledge that any and all of the IP Rights subsisting in or used in connection with the Website shall be and shall remain the sole property of The Bottom Drawer and you shall not at any time dispute such ownership.
2. Restrictions Upon Copying
2.1 You may copy Website content to a local hard disk and print extracts of Website content for your own personal use and/ or your own internal business purposes (as appropriate).
2.2 The supply of any copy of Website content to a third party is not permitted and you agree that you will not supply any Website content to any third party.
2.3 Copying of Website content is permitted only in accordance with these Terms. You may not otherwise copy, reproduce, distribute, edit or amend Website content or otherwise incorporate Website content into any other publication or work in any form of media. Any request to copy Website content outside the scope of the licence granted in these Terms should be emailed to admin@thebottomdrawer.co.uk. The Bottom Drawer reserves its right to refuse to grant any such request.
3. Information Service Provision
3.1 The Bottom Drawer reserves the right at its discretion to refuse at any time without notice to:
(a) Accept any registration; or
(b) Provide access to the Website.
3.2 The Website is intended normally to be available 24 hours a day and 7 days a week. The Bottom Drawer will not be liable for any failure to achieve this level of availability.
3.3 The Website may be suspended temporarily and without notice in circumstances of system failure, maintenance or repair and for reasons beyond the control of the Bottom Drawer.
4. Obligations and Restrictions
4.1 You will operate, at your own expense, a terminal or personal computer system, modem, telephone access and communication software and any other facilities required for accessing the Website. The Bottom Drawer will not be liable for any loss or damage howsoever arising resulting from any acts or omissions of you or of any service provider or other person through whom you may access the Website.
4.2 The Bottom Drawer will make all reasonable attempts to exclude viruses (and similar destructive devices) from the Website but cannot guarantee the exclusion of viruses (and similar destructive devices) and you should, therefore, take appropriate steps in respect of this risk.
4.3 You will keep confidential any passwords or usernames allocated to you and agree not to disclose your passwords or usernames to any third party.
4.4 Your information and your activities on the Website must not:
4.4.1 be false, inaccurate or misleading;
4.4.2 be offensive or menacing, abusive, defamatory, or in breach of copyright, confidence, privacy or any other rights;
4.4.3 infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
4.4.4 be fraudulent;
4.4.5 be in breach of any applicable laws or regulations, licences or third party rights;
4.4.6 be obscene, indecent or contain child pornography;
4.4.7 create liability for the Bottom Drawer or cause the Bottom Drawer to lose (in whole or in part) the services of any internet service provider or other suppliers;
4.4.8 interfere in any way with the proper working of the Website and in particular you must not circumvent security, tamper with, hack into or disrupt the operation of the Website or surreptitiously intercept, access without authority or expropriate any system, data or personal information as defined in the Data Protection Act 1998;
4.4.9 cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired.
5. Updating Website Information
5.1 The Website information (including without limitation database information, these Terms and the Bottom Drawer Registration Terms) may be updated at any time and you are strongly advised to read the current information each time you access the Website.
6. Disclaimer
6.1 Website information is provided for general information purposes only and does not constitute bespoke advice that is suitable for any individual or organisation. Although the information is considered to be accurate at the time of publication, and is reviewed periodically, you are responsible for checking the accuracy of information before taking or refraining from any action based upon it.
6.2 The Bottom Drawer makes no warranties, representations or undertakings about any Website content (including, without limitation, as to its quality, accuracy, completeness or fitness for any particular purpose) or any content of any other website linked to it.
6.3 The Bottom Drawer accepts no liability for any loss which may arise from reliance on information contained in this Website or any other use of this Website including, without limitation, any liability arising in contract, tort, negligence, misrepresentation or under statute.
7. Linking
7.1 No links to this Website may be used without the Bottom Drawer's written permission. If you wish to provide a link to the Website please email your request to admin@thebottomdrawer.co.uk with full details.
7.2 The Bottom Drawer reserves all rights in respect of links including without limitation the right to determine the size and positioning of the link and that any link is to the Website homepage.
7.3 Links from the Website are provided for your convenience only and do not represent the Bottom Drawer's endorsement of or affiliation with the linked Website. You access any such links entirely at your risk.
8. Limitation of Offer
8.1 The Bottom Drawer makes no offer to supply any goods and/ or services through the Website.
8.2 Any request for goods or services made by you is subject to express acceptance by the Bottom Drawer in accordance with applicable terms.
9. Email
9.1 As email is insecure the Bottom Drawer does not warrant, guarantee or undertake that any message sent to or from you will be secure or will not be intercepted and read.
10. Data Protection
10.1 The Bottom Drawer will ask your consent whenever you intend to submit Information via the Website.
10.2 The Bottom Drawer may collect and store Information whenever you use the Website by the use of Cookies which are alphanumeric identifiers that may in some cases be transferred to your computer's hard drive via your browser to enable our computers to recognise your browser when you use the Website. The use of cookies is an industry standard, and most major websites use them to provide functionality and personalisation for their customers. Browsers can be adjusted to prevent acceptance of cookies or notify the user on receipt of cookies. If your computer is unable to accept cookies, the Website will operate but not so efficiently. Cookies in themselves do not personally identify users, although they do identify a user's computer.
10.3 Our web-servers may automatically store the following Information about you: your ISP, your IP address, your web browser type and version, the number of colours your screen is displaying, your operating system, the URL you clicked to get to the Website, and this Information is stored only in aggregate/ used to make the Website operate more efficiently.
10.4 You do not have to provide any Information in order to use the Website. Access to certain sections and features of the Website is dependant upon the provision of Information and without that Information the Bottom Drawer may be unable to provide such access or features. You may be asked to provide the following Information in the course of using the Website; name, address, email address, telephone, fax, mobile, date of the wedding and if you are purchasing a gift for the couple you may be required to provide your credit card details, as appropriate.
10.5 The Bottom Drawer will use Information as follows:
10.5.1 To supply goods and/ or services as requested by you including such transfer of Information to employees, agents and third parties as required for this purpose.
10.5.2 For internal administration purposes.
10.5.3 To market the Bottom Drawer services to you.
10.6 The Bottom Drawer may transfer its business assets (which include Information) on sale or merger of any part of its business.
10.7 The Bottom Drawer may transfer its Information as required to obtain legal advice, comply with legal requirements, protect its rights and property, and the safety of its employees, clients, suppliers and others.
10.8 The Data Protection Act 1998 gives you certain rights including a right to request a copy of your Information and to have inaccurate Information corrected. For more information on data protection legislation and related matters please visit the Information Commissioner's website at www.dataprotection.gov.uk.
11. Entire Agreement
11.1 These Terms:
11.1.1 represent the whole agreement and understanding between the Bottom Drawer and you in respect of the matters referred to herein; and
11.1.2 shall, except in the case of fraud, override and no reliance shall be placed upon any other verbal or written representations, warranties or understandings in respect of the subject matter of these Terms.
11.2 The remedies available to you are exclusively those available under these Terms.
11.3 You acknowledge that by using the Website you have expressly agreed the provisions of this clause 11.
12. General
12.1 The Bottom Drawer reserves the right to vary these Terms from time to time and you accept the varied Terms if you continue to use the Website after variation.
12.2 If any provision of these Terms is held to be void or unenforceable in whole or in part, the Terms shall continue to be valid as to all other provisions and the remainder of the affected provision.
12.3 The Website services are provided from England, irrespective of your location.
12.4 None of the provisions of these Terms are intended to or will operate to confer any benefit pursuant to the Contracts (Rights of Third Parties) Act 1999 on a person who is not a user of this Website.
13. Applicable Law
13.1 These Terms shall be governed by and construed in accordance with English law and each party to these Terms submits to the exclusive jurisdiction of the English courts.
14. Enquiries
14.1 For general enquiries or if you experience problems with the Website or have any comments please email admin@thebottomdrawer.co.uk or contact:
Customer Services
PO Box 13185
Birmingham
B16 0LH
Tel. 0870 246 1667 (dial: +44 870 246 1667 if calling from outside the UK)
Gift Ordering 0871 711 0641
Fax. 0870 751 7502 (dial: +44 870 751 7502 if calling from outside the UK).
Registration in England & Wales number 4717398
Registered office at 68 Rotton Park Road, Birmingham, West Midlands B16 0LH