Helmet Replacement Scheme

Helmet Replacement Scheme

Our terms and conditions for the Helmet Replacement Scheme

1. These Terms
   
   1.1 What these terms cover. These are the terms and conditions on which we offer the Helmet Replacement Scheme.

1.2 Why you should read them. Please read these terms carefully. These terms tell you who we are, how we will provide goods to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

1.3 Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:

You are an individual: You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).

If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no corresponding claim for innocent or negligent misrepresentation or negligent misstatement.

1.4. The Helmet Replacement Scheme is for registered purchases and products only. It provides a like for like, identical style, model, size and finish at 50% off the current purchase price should the helmet be required to be replaced due to a fall or accident within 6 months of the purchase date.

1.5. The replacement will be via the original point of purchase. Proof of Purchase is required.

1.6. Purchases must be registered at www.evoke-group.com within 14 days of purchase. No replacement will be granted without full registration for the Scheme. All details must be completed using the Registration Form.

1.7. Helmets must be returned to the point of purchase for validation before a replacement will be issued. Old helmets will be destroyed and are not for further use.

1.8. This is a voluntary Scheme offered by us, and may be withdrawn or amended at any time without prior notice.

2. Information About Us & How To Contact Us
   
   2.1 Who we are. We are Aspen Animal Health Ltd, a company registered in England and Wales. Our company registration number is 10356850 and our registered office is at 4 Grovelands Boundary Way, Hemel Hempstead, Hertfordshire, England, HP2 7TE. Our registered VAT number is 251959087

2.2 How to contact us. You can contact us by telephoning our customer service team at 01604 263002 or by writing to us at hello@evoke-group.com

2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the e-mail address or postal address you provided to us.

2.4 "Writing" includes e-mails. When we use the words "writing" or "written" in these terms, this includes e-mails.

3. Our Contract With You
   
   3.1 How we will accept your order. Our acceptance of your order will take place when we e-mail you to accept it, at which point a contract will come into existence between you and us.

3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the goods. This might be because the goods are out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the goods or because we are unable to meet a delivery deadline you have specified.

3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

4. Our Goods
   
   4.1 Goods may vary slightly from their pictures. The images of the goods on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the goods. Your goods may vary slightly from those images.

4.2 Packaging may vary. The packaging of the goods may vary from any shown in images on our website.

5. Your Rights To Make Changes
   
   If you wish to make a change to the goods you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the goods, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
6. Our Rights To Make Changes
   
   Minor changes to the goods. We may change the goods:

(a) to reflect changes in relevant laws and regulatory requirements; and

(b) to implement minor technical adjustments and improvements.

7. Providing The Goods
   
   7.1 Delivery costs. The costs of delivery will be as displayed to you on our website.

7.2 When we will provide the goods. We will deliver the goods to you as soon as reasonably possible. Due to safety items undergoing strict auditing and testing, there may be longer wait times than usual.

7.3 We are not responsible for delays outside our control. If our supply of the goods is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any goods you have paid for but not received.

7.4 Collection by you. If you have asked to collect the goods from our premises, you can collect them from us at any time during our working hours of 10am to 4pm on weekdays (excluding public holidays).

7.5 If you are not available when the goods are delivered. If no one is available at your address to take delivery and the goods cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the goods from a local depot.

7.6 If you do not re-arrange delivery. If you do not collect the goods from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.2 will apply.

7.7 When you become responsible for the goods. The goods will be your responsibility from the time we deliver the goods to the address you gave us or you or a carrier organised by you collect them from us.

7.8 When you own goods. You own the goods once we have received payment in full.

7.9 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the goods to you. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the goods late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

7.10 Reasons we may suspend the supply of goods to you. We may have to suspend the supply of goods to:

(a) deal with technical problems or make minor technical changes; or

(b) update the goods to reflect changes in relevant laws and regulatory requirements.

7.11 Your rights if we suspend the supply of goods. We will contact you in advance to tell you we will be suspending supply of any goods, unless the problem is urgent or an emergency. If we have to suspend the supply of any goods we will adjust the price so that you do not pay for such goods while they are suspended. You may contact us to end the contract for any goods if we suspend their supply, or tell you we are going to suspend it, and we will refund any sums you have paid in advance for the goods.

7.12 We may also suspend supply of the goods if you do not pay. If you do not pay us for the goods when you are supposed to (see clause 14.4) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the goods until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the goods. We will not suspend the goods where you dispute the unpaid invoice (see clause 14.7). We will not charge you for the goods during the period for which they are suspended. As well as suspending the goods we can also charge you interest on your overdue payments (see clause 14.6).

8. Your Rights To End The Contract
   
   8.1 You can always end your contract with us. Your rights when you end the contract will depend on whether there is anything wrong with the goods and when you decide to end the contract:

(a) If what you have bought is faulty or mis-described you may have a legal right to end the contract (or to get the goods repaired or replaced or to get some or all of your money back), see clause 12 if you are a consumer and clause 13 if you are a business;

(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;

(c) If you are a consumer and have just changed your mind about the goods, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods; and

(d) In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see clause 8.6.

8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any goods which have not been provided and you may also be entitled to compensation. The reasons are:

(a) we have told you about an error in the price or description of the goods you have ordered and you do not wish to proceed;

(b) there is a risk that supply of the goods may be significantly delayed because of events outside our control;

(c) we have suspended supply of the goods for technical reasons, or notify you we are going to suspend them for technical reasons; or

(d) you have a legal right to end the contract because of something we have done wrong.

8.3 Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). For most goods bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.

8.4 When consumers do not have a right to change their minds. You do not have a right to change your mind as a consumer in respect of goods:

(a) made to your specifications;

(b) sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; and

(c) which become mixed inseparably with other items after their delivery.

8.5 How long do consumers have to change their minds? You have 14 days after the day you (or someone you nominate) receives the goods, unless:

(a) Your goods are split into several deliveries over different days. In this case, you have until 14 days after the day you (or someone you nominate) receives the last delivery.

(b) Your goods are for regular delivery over a set period. In this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the goods.

8.6 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause

8.7), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the goods are delivered and paid for. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for goods not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of you ending the contract.

8.8 Subscriptions - If you have taken advantage of the subscription offer you can only cancel your subscription after three orders have been paid for.  

9. How To End The Contract With Us (including if you are a consumer who has changed their mind)
   
   9.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:

(a) Phone or e-mail. Call customer services on 01604 263002 or e-mail us at hello@evoke-group.com. Please provide your name, home address, details of the order and, where available, your phone number and e-mail address.

(b) By post. Print off the form at the end of these terms and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.

9.2 Returning goods after ending the contract. If you end the contract for any reason after goods have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them, post them back to us at Unit 4, Hartwell Business Park, Northamptonshire, NN7 2FA or (if they are not suitable for posting) allow us to collect them from you. Please call customer services on 01604 263002 or e-mail us at hello@evoke-group.com for a return label or to arrange collection. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.

9.3 When we will pay the costs of return. We will pay the costs of return:

(a) if the goods are faulty or mis-described; or

(b) if you are ending the contract because we have told you of an upcoming change to the goods, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.

In all other circumstances (including where you are exercising your right to change your mind if you are a consumer) you must pay the costs of return.

9.4 What we charge for collection. If you are responsible for the costs of return and we are collecting the goods from you, we will charge you the direct cost to us of collection.

9.5 How we will refund you. We will refund you the price you paid for the goods including delivery costs by the method you used for payment. However, we may make deductions from the price, as described below.

9.6 When we may make a deduction from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind:

(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.

(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of goods within one period of time at one cost but you choose to have the goods delivered within a shorter period of time at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

9.7 When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then, if we have not offered to collect the goods, your refund will be made within 14 days from the day on which we receive the goods back from you or, if earlier, the day on which you provide us with evidence that you have sent the goods back to us. For information about how to return goods to us, see clause 9.2. In all other cases, your refund will be made within 14 days of you telling us you have changed your mind.

10. Our Rights To End The Contract
    
    10.1 We may end the contract if you break it. We may end the contract at any time by writing to you if:

(a) you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;

(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the goods; or

(c) you do not, within a reasonable time, allow us to deliver the goods to you or collect them from us.

10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for goods we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of you breaking the contract.

10.3 We may withdraw goods. We may write to you to let you know that we are going to stop providing any goods. We will let you know at least 28 days in advance of our stopping the supply of goods and will refund any sums you have paid in advance for goods which will not be provided.

11. If There Is A Problem With The Goods
    
    How to tell us about problems. If you have any questions or complaints about any goods, please contact us. You can telephone our customer service team at 01604 263002 or write to us at hello@evoke-group.com
12. Your Rights In Respect Of Defective Goods If You Are A Consumer
    

12.1 If you are a consumer we are under a legal duty to supply goods that are in conformity with the contract. See the box below for a summary of your key legal rights in relation to the goods. Nothing in these terms will affect your legal rights.

Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call +44 (0) 3454 04 05 06.

The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your goods your legal rights entitle you to the following:

up to 30 days: if your goods are faulty, then you can get an immediate refund;
up to 6 months: if your goods cannot be repaired or replaced, then you are entitled to a full refund, in most cases; and
up to 6 years: if your goods do not last a reasonable length of time you may be entitled to some money back.
12.2 Your obligation to return rejected goods. If you wish to exercise your legal rights to reject goods you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on 01604 263002 or e-mail us at hello@evoke-group.com for a return label or to arrange collection.

13. Your Rights In Respect Of Defective Goods If You Are A Business
    
    13.1 If you are a business customer we warrant that on delivery any goods shall:

(a) conform in all material respects with their description; and

(b) be free from material defects in design, material and workmanship.

13.2 Subject to clause 13.3, if:

(a) you give us notice in writing within a reasonable time of discovery that any goods do not comply with the warranty set out in clause 13.1;

(b) we are given a reasonable opportunity of examining such goods; and

(c) you return such goods to us at our cost, we shall, at our option, repair or replace the defective goods, or refund the price of the defective goods in full.

13.3 We will not be liable for any goods’ failure to comply with the warranty in clause 13.1 if:

(a) you make any further use of such goods after giving a notice in accordance with clause a;

(b) the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the goods or (if there are none) good trade practice;

(c) the defect arises as a result of us following any formula, design or specification supplied by you;

(d) you alter or repair the goods without our written consent; or

(e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.

13.4 Except as provided in this clause 13, we shall have no liability to you in respect of the failure of any goods to comply with the warranty set out in clause 13.1.

13.5 These terms shall apply to any repaired or replacement goods supplied by us under clause 13.2.

14. Price and Payment
    
    14.1 Where to find the price for the goods. The price of the goods (which excludes value added tax (or VAT) unless otherwise stated) will be the price indicated on the order pages when you placed your order. Where we accept orders relating to delivery to a location outside of the European Union, VAT will be refunded back. Where we accept orders relating to delivery to a location outside of the United Kingdom, any duties and taxes will not be covered by us and shall be your responsibility. We take all reasonable care to ensure that the price of the goods advised to you is correct. However please see clause 14.3 for what happens if we discover an error in the price of the goods you order.

14.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the goods, we will adjust the rate of VAT that you pay, unless you have already paid for the goods in full before the change in the rate of VAT takes effect.

14.3 What happens if we got the price wrong. It is always possible that, despite taking all reasonable care, some of the goods we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.

14.4 When you must pay and how you must pay. All amounts are payable in Pounds Sterling. You must pay for the goods before we dispatch them. We will not charge your credit or debit card until we dispatch the goods to you.

14.5 Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

14.6 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the Bank of England’s base rate 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.

14.7 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know and we will not charge you interest until we have resolved the issue.

15. Our Responsibility For Loss Or Damage Suffered By You If You Are A Consumer
    
    15.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking the contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

15.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or sub-contractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the goods as summarised at clause 12; and for defective goods under the Consumer Protection Act 1987.

15.3 We are not liable for business losses. If you are a consumer we only supply the goods through our website for domestic and private use. If you use the goods for any commercial, business or re-sale purpose our liability to you will be limited at set out in clause 16.

16. Our Responsibility For Loss Or Damage Suffered By You If You Are A Business
    
    16.1 Nothing in these terms shall limit or exclude our liability for:

(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or sub-contractors (as applicable);

(b) fraud or fraudulent misrepresentation;

(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;

(d) defective products under the Consumer Protection Act 1987; or

(e) any matter in respect of which it would be unlawful for us to exclude or restrict liability.

16.2 Except to the extent expressly stated in clause 13.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.

16.3 Subject to clause 16.1:

(a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and

(b) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to 150% of the total sums paid by you for goods under the contract to which your claim relates.

17. How We May Use Your Personal Information
    
    17.1 How we will use your personal information. We will use the personal information you provide to us:

(a) to supply the goods to you;

(b) to process your payment for the goods; and

(c) if you agreed to this during the order process, to give you information about similar goods that we provide, but you may stop receiving this at any time by contacting us.

17.2 We will only give your personal information to third parties where the law either requires or allows us to do so or where you have agreed to this.

18. Other Important Terms
    
    18.1 We may transfer the contract to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 14 days of us telling you about it and we will refund you any payments you have made in advance for goods not provided.

18.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

18.3 Nobody else has any rights under this contract. The contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

18.4 If a court finds part of the contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

18.5 Even if we delay in enforcing the contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of you breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

18.6 Which laws apply to the contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the goods in the English courts. If you live in Scotland you can bring legal proceedings in respect of the goods in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the goods in either the Northern Irish or the English courts.

18.7 Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.

18.8 Language. These terms were originally written in the English language and the English language version shall control over any translations.

Model Cancellation Form
(Complete and return this form only if you wish to withdraw from the contract)

To Aspen Animal Health Ltd
Hartwell Business Park
Hartwell, NN7 2FA

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*],

Ordered on [*]/received on [*],

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date

[*] Delete as appropriate

© Crown copyright 2013.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE

1. Terms Of Website Use
   
   These Terms of Use (“Terms”) (together with the documents referred to in them) define the relationship between Aspen Animal Health Ltd (registered in England and Wales under company number 10356850 whose registered office is at4 Grovelands Boundary Way, Hemel Hempstead, Hertfordshire, England, HP2 7TE ) (“Aspen”, “we”, “us” or “our”), who operate the website hello@evoke-group.com (“the Site”), and you, being the individual person or business (be that an individual engaged in business, firm or corporate entity) using the Site and/or creating an account and purchasing goods through the Site and referred to hereafter as “you” or “your”.

These Terms detail the conditions of use on which you may make use of the Site, whether as a guest or a registered user. Use of the Site includes accessing, browsing or registering to use the Site.

Please read these Terms carefully before you start to use the Site, as these will apply to your use of the Site. We recommend that you print a copy of these Terms for future reference.

Your access to and use of the Site is conditional upon your acceptance of and compliance with these Terms. By accepting these Terms electronically or in writing, and/or by accessing or using the Site, you confirm that you accept these Terms and that you agree to comply with them.

These Terms apply to all visitors using your account, and others who access or use the Site through your account.

These Terms, and any agreement between you and us, are in the English language only.

If you do not agree to these Terms, you must not use the Site.

2. Other Applicable Terms
   
   These Terms refer to the following additional terms, which also apply to your use of the Site:

Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.

Our Cookie Policy, as detailed in our Privacy Policy, which sets out information about the cookies on the Site.

If you purchase goods through the Site, our Terms of Sale will apply to the sales.

3. Your Use Of The Site
   
   By accessing or using the Site, you agree to be bound by these Terms, if you are using or accessing the Site on behalf of any business (be that an individual engaged in business, firm or corporate entity) (“Organisation”), then you are agreeing to these Terms on behalf of that Organisation and you represent and warrant that you have the authority to bind the Organisation to these Terms. In that case, “you” and “your” refers to you and the Organisation under these Terms and any other relevant policy.
4. Changes To These Terms
   
   We may revise these Terms at any time by amending this page. The most current version will always be posted to the Site.

If a revision to the Terms, in our sole discretion, is material we will notify you (for example via e-mail to the e-mail address associated with your account).

Please check this page from time to time to take notice of any changes we make, as they are binding on you. By continuing to access or use the Site after revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Site.

5. Changes To The Site
   
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We do not guarantee that the Site, or any content on it, will be free from errors or omissions.

6. Accessing The Site
   
   The Site is made available free of charge.

We do not guarantee that the Site, or any content on it, will always be available or be uninterrupted. Access to the Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Site without notice. We will not be liable to you if for any reason the Site is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to the Site.

You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.

7. Your Account and Password
   
   If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You are responsible for safeguarding the password that you use to access the Site and for any activities or actions under your password, whether your password is with us or a third party service. You must not disclose it to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your account.

You must provide us with accurate information when you create your account with us.

You must never use another user’s account without permission.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at dm@hlm-group.com

8. Intellectual Property Rights
   
   We are the owner or the licensee of all intellectual property rights in the 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.

All rights, title and interest in and to the Site are and will remain the exclusive property of Aspen.

Nothing in these Terms gives you the right to use the “Aspen” name or any of Aspen’s trade marks (including, without limitation, those which is uses under licence), logos, domain names and other distinctive features. Any feedback, comments or suggestions you may provide regarding Aspen or the Site is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

You may print off one copy, and may download extracts, of any page(s) from the Site for your personal use and you may draw the attention of others within your Organisation to any content posted on the Site.

You 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.

Our status (and that of any identified contributors) as the authors of content on the Site must always be acknowledged.

You must not use any part of the content on the Site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of the Site in breach of these Terms, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

9. Acceptable Use Of The Site
   
   Aspen is trusted by its customers and the users of the Site and we trust you to use the Site responsibly. You agree not to misuse the Site. For example, you must not, and must not attempt to do the following things:
10. i) use the Site for any unlawful purposes or for promotion of illegal activities;
11. ii) post any Content on the Site in violation of any applicable law, including intellectual property laws and right of privacy or publicity laws, or any contractual obligation;

iii) impersonate others through the Site or otherwise misrepresent your affiliation with a person or entity in a manner that does or is intended to mislead, confuse or deceive others;

1. iv) publish or post other people’s private or personally identifiable information, such as credit card numbers, street address or Social Security/National Identity numbers, without their express authorisation and permission;
2. v) send unsolicited communications, promotions or advertisements or spam;
3. vi) access, tamper with or use non-public areas of the Site, Aspen’s computer systems or the technical delivery systems of Aspen’s providers;

vii) probe, scan or test the vulnerability of any system or network or breach or circumvent any security or authentication matters;

viii) access or search the Site by any means other than our publicly supported interfaces (for example, “scraping”); or

1. ix) interfere with, or disrupt, the access of any user, host or network, including without limitation sending a virus, overloading, flooding, spamming, mail-bombing the Site, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on the Site.

We may investigate and/or suspend your account if you or others using your account violate any of the rules above. Furthermore, we reserve the right to immediately terminate your account without further notice in the event that, in our sole and absolute judgment, you or others using your account violate these Terms or abuse the use of the Site.

10. Uploading Content To The Site
    
    Whenever you make use of a feature that allows you to upload information or text (“Content”) to the Site, or to make contact with other users of the Site, you will not violate rights of any kind, including without limitation any intellectual property rights or rights of privacy.

You warrant that any such Content complies with these provisions, and you will be liable to us and indemnify us for any breach of these rights. Any Content you upload to the Site is your sole responsibility and we do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy or reliability of any content or communications posted on the Site or endorse any opinions expressed via the Site.

We may not monitor or control the Content posted to the Site and cannot take responsibility for such Content. Under no circumstances will Aspen be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content on the Site.

Any Content you upload to the Site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your Content, but you are required to grant us a limited licence (with the right to sub-license) to use, store, copy, reproduce, process, adapt, modify, publish, transmit, edit, translate, make derivatives and display that Content and to distribute and make it available to third parties.

We also have the right to disclose your identity to any third party who is claiming that any Content posted or uploaded by you to the Site constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the Content or accuracy of any Content posted by you or any other user of the Site.

We have the right, but not the obligation, to remove any posting you make on the Site if, in our sole opinion, the Content violates these provisions.

The views expressed by other users on the Site (if any) do not represent our views or values.

You are solely responsible for securing and backing up your Content.

11. Privacy
    
    We care about the privacy of our users. We collect, use and share personally identifiable information and non-personally identifiable information as described in our Privacy Policy. You agree that by using the Site, you agree to the collection of such information and to have your personal data and that of any person using your account collected, used, transferred and processed in accordance with our Privacy Policy.
12. No Reliance On Information
    
    The content on the 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 the Site.

Although we make reasonable efforts to update the information on the Site, we make no representations, warranties or guarantees, whether express or implied, that the content on the Site is accurate, complete or up-to-date.

13. Limitation Of Our Liability
    
    Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the maximum extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Site or any content on it, whether express or implied.

We 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:

use of, or inability to use, the Site; or

use of or reliance on any content displayed on the Site.

We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We 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 the Site or to your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked on the 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.

14. Indemnification
    
    You agree to defend, indemnify and hold harmless Aspen and its licensees and licensors, and our and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to legal fees) arising from your use of and access to the Site, including any data or Content transmitted or received by you, any other party’s access or use of the Site through your account (whether or not with your username and password), or your violation of these Terms, applicable law, rule or regulation.
15. No Warranty
    
    The Site is provided on an “as is” and “as available” basis. Use of the Site is at your own risk. To the maximum extent permitted by applicable law, the Site is provided without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose or non-infringement. Without limiting the foregoing, Aspen and its licensors do not warrant that the content on the Site is accurate, reliable or correct; that the Site will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Site is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Site is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Site. We do not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the Site or any hyperlinked website or service, and we will not be a party to or in any way monitor any transaction between you and third party providers of products or services.
16. Viruses
    
    We do not guarantee that the Site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access the Site. You should use your own virus protection software.

You must not misuse the 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 the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the 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 United Kingdom 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 the Site will cease immediately.

17. Linking To The Site
    
    You may link to the home page of the Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You 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.

You must not establish a link to the Site in any website that is not owned by you.

The Site must not be framed on any other site, nor may you create a link to any part of the Site other than the home page.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in these provisions.

If you wish to make any use of content on the Site other than that set out above, please contact dm@hlm-group.com

18. Third Party Links & Resources In The Site
    
    Where the Site contains links to other sites and resources provided by third parties, these links are provided for your information only.

We have no control over the contents of those sites or resources.

We do not endorse or assume any responsibility for any of these third party sites, information, products, materials or services. If you access a third party website from the Site, you do so at your own risk and you understand that these Terms and our Privacy Policy do not apply to your use of those sites. You expressly relieve Aspen from any and all liability arising from your use of any third party website, service or content and agree that your dealings with any third party website, service or content is only between you and such third party. You agree that we are not responsible for any loss or damage of any sort arising from your dealings with such third parties.

19. Entire Agreement
    
    These Terms, together with any amendments and any additional agreements you may enter into with Aspen in connection with the Site, will constitute the entire agreements between you and Aspen and you agree that they extinguish all representations (whether written or oral) of any kind or of any person other than those expressly set out in these Terms or any amendments and any additional agreements you may enter into with Aspen in connection with the Site.
20. No Waiver
    
    No waiver of any sections of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Aspen’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
21. Applicable Law
    
    These Terms, their subject matter and their formation are governed by English law. You and we both agree to that the courts of England and Wales will have jurisdiction.
22. Contact Us
    
    To contact us, please e-mail hello@evoke-group.com

Thank you for visiting the Site.