REGISTERED USER TERMS AND CONDITIONS – GILMORE CONSULTANCY
REGISTERED USER TERMS AND CONDITIONS – GILMORE CONSULTANCY
FOR (1) SHOP PURCHASERS,
AND (2) GILMORE GO SUBSCRIBERS
Version 4 – 100518
ANY PERSON OR ENTITY ("User"), REGISTERED TO USE OR ACCESS THE SITE AT www.gilmoreconsultancy.com (“Site”) AND TO PURCHASE ITEMS FROM THE ONLINE SHOP AT http://shop.gilmoreconsultancy.com (“Shop”) AND/OR TO BECOME A MEMBER OF THE “GILMORE GO” SUBCRIPTION SERVICE, AGREES TO AND IS BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF THIS REGISTERED USER AGREEMENT ("User Agreement").
1. Contracting parties. When you register with the Site, you are contracting with Gilmore Consultancy Ltd, trading from Bridge Studios, 318-326 Wandsworth Bridge Road, London, SW6 2TZ. Gilmore Consultancy Ltd is referred to in these terms and conditions as "we", "us", "our" or “Gilmore”. You confirm that you have authority to bind any business on whose behalf you use this Site. You must be at least 18 years old to register with the Site.
2. Passwords. You agree: to keep your password secure and confidential and to not allow anyone else to use your email address or password to access the Site; to not do anything which would assist anyone who is not a registered User to gain access to any secured area of the Site, and; to not create additional registration accounts for the purpose of abusing the functionality of the Site, or other users, or to seek to pass yourself off as another User. If you think someone else has obtained your account details, please let us know immediately and we will close your account as quickly as possible. You will be responsible to Gilmore and to others for all activity that occurs under your registration account.
4. Site Content. This Site is intended only for the purposes specified on the Site, and your use of the Site and/or all content contained within the Site (“Content”) is entirely at your own risk. Please note, whilst we endeavour to provide accurate and up-to-date information, the Content may not be wholly accurate or up-to-date, complete or free of defects, and is subject to change, often at very short notice. All Content is provided without any representations or warranties of any kind (implied or express) to the fullest extent permitted by applicable law. Gilmore, unless otherwise stated herein, owns or controls all relevant intellectual property rights in the Site and the Content. You may not publish, distribute, extract, re-utilise, or reproduce any part of the Site or Content in any form (including storing it in any medium) other than as expressly allowed herein or as permitted on the Site or under UK or local law. The Site and the Content are for your personal use only, and are not for re-distribution, transfer, assignment or sublicense (and you may not purchase products for the purpose of resale, rental, or to ship to other franchisees or any other third party).
5. The Shop. Using the Shop, you may purchase some or all of the following goods and/or services (individually and collectively defined as “Products”): (A) consumables (such as cleaning equipment and supplies); (B) uniforms and other clothing items; (C) health and safety products; (D) marketing products (such as signage and other printed matter); and/or (E) services such as sludge gulps and cabin repainting. Please note that all orders are subject to availability and we may withdraw Products from the Site at any time, sometimes at short notice. As we process your order, we may inform you by e-mail or telephone if any items are unavailable.
6. Gilmore GO Subscription Membership. In addition to purchasing Products from the Shop, you may also become a member of “Gilmore GO” by completing the online form and paying the annual membership fee. Gilmore GO membership entitles you, during the period of your valid membership, to free delivery on most (but not all) goods purchased from the Shop, priority picking from our warehouse, priority despatch of orders, and certain other benefits as posted on the Site from time to time. All Gilmore GO benefits are subject to availability, order deadlines, and (where applicable) any such free delivery is in each case subject to a minimum spend of £25 per order (including VAT) and the requested delivery address. Certain items are excluded from free delivery (including without limitation signage requiring installation, maintenance services and large equipment items such as wash troughs, Autoglym work stations any jet wash). If any items within an order are not eligible for Gilmore GO, delivery charges shall be applied only to the ineligible items. Changing or combining orders, or changing the delivery address, speed, or preferences, may affect eligibility for free delivery in some cases, and we reserve the right to exclude products with special delivery characteristics. Franchisees who own more than one Franchise site are permitted to order for each such then-currently owned Franchise site using their single membership account. Your annual membership will be automatically renewed unless you notify us that you want to cancel or do not want to automatically renew at the end of the then-current annual period. You acknowledge and agree that your Gilmore GO membership will automatically renew and you authorise us (without further notice to you) to collect the then-applicable annual membership fee using any payment case details we have on record for you. If all payment cards we have on file for you are declined for payment, your membership will be cancelled at the end of the then-current paid period.
7. Prices and Payment. Prices (and any delivery costs) are as set out on the relevant pages of the Site (except in cases of obvious error). Prices are subject to change at any time. We may change the prices for Products or for Gilmore GO at any time by posting new prices on the Site. All prices are inclusive of VAT unless otherwise stated. You are responsible for payment of VAT and, if you are based outside the UK, any other applicable import duties and taxes that are levied once the Products reach your country. Whilst we use our best efforts to try and ensure that all prices on the Site are accurate, sometimes errors do occur. We will normally verify prices when we confirm your order (via the Site and/or by email). If a pricing error is found in your order, we will contact you as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling your order. If you choose to cancel your order for this reason, we will refund or re-credit you for any sum that has been paid by you or debited from your debit/credit card for the Products. If we are unable to contact you, we will treat the order as cancelled. Please note that downloadable Products may be subject to data charges imposed by your internet or mobile phone provider and you will be responsible for payment of any such charges.
8. Credit Cards. All payments must be by credit or debit card, as posted on the Site from time to time. All orders placed are charged for immediately at the time of ordering. All credit/debit cardholders are subject to validation checks and authorisation by the relevant card or other payment system. If your payment system refuses to authorise payment, your order will be cancelled and we will not be liable for any delay or non-delivery. We are not obliged to inform you of the reason for the refusal. We shall not be responsible for your issuer, payment system or bank charging you as a result of us processing of your payment in accordance with your order. By using your credit or debit card or payment system account, you confirm that the card/account is yours and that there are sufficient funds or credit available to cover the charges.
9. Acceptance. By placing an order through the Site, you warrant that you are legally capable of entering into binding contracts and that you agree to be bound by this User Agreement. To place an order, you will be required to provide complete and accurate personal details on the order form. This will include: first name, surname, email address, telephone number, invoicing/payment details and delivery address. After placing an order, you will normally receive a confirmation from us (by email or within the page on the Site) acknowledging receipt of your order. Please note that this email is an acknowledgment and does not necessarily mean that your payment has been accepted. Your order constitutes an offer by you to purchase one or more Products on these terms and conditions. All orders are subject to acceptance by Gilmore. The sale and purchase contract between us will be formed in each case only when Gilmore confirms the order. We reserve the right to reject your order for any reason prior to acceptance. Please note that we also reserve the right to accept or refuse Gilmore GO membership in any specific case in our absolute discretion.
10. Delivery. Deliveries to addresses within the UK and Channel Islands will incur additional charges as itemised during the checkout process. If you require delivery outside of these areas please contact us to discuss delivery options. Your accepted order will be delivered during normal business hours, once payment has been made, to the address selected on the Site. Deliveries may require a signature on delivery and therefore it is not possible to deliver to a PO Box address or hotel or other temporary address. We will endeavour to process your order as soon as possible following receipt of payment from you. We are not responsible for non-delivery if you have entered your address incorrectly or if you have used foreign alphabet or non-English characters. Risk of loss and damage of Products passes to you on the date when the Products are delivered or on the date of first attempted delivery by us.
11. International Orders. If you order Products for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
12. Damaged Products. Products will be your responsibility from the time of delivery. If the packaging of any Product(s) damaged at the time of delivery, please check the package in the presence of the carrier in order to verify the condition of the Products. In the event of damage, please make a note on the delivery slip and contact customer services. Ownership of the Products will pass to you when we receive full payment of all sums due in respect of the Products, including any applicable delivery charges. Your statutory rights are not affected.
13. Right of Cancellation of Purchases. Save for downloadable Products (for which there is no statutory right of cancellation), you may cancel purchases at any time within fourteen (14) days, beginning on the day after you receive the Products. In such case (and subject always to compliance with this User Agreement), you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out below). To cancel a purchase, you must inform us in writing and must return the Products to us, unopened and undamaged and in a saleable condition, as soon as reasonably practicable at your own cost. The date upon which the package is post-marked will determine whether you have returned the Product(s) within the required period and Products will be deemed received two days after the date of the post-mark (not including Sundays and public holidays). Failure to comply with the return obligations under this clause may result in a deduction by us of the cost of recovering the unreturned Product(s). All refunds will be processed at our sole discretion according to the condition of the returned Product(s). We will not be liable to you for failures, defects or delays in delivery caused by: (a) your provision of incorrect information; (b) your mailbox being full and unable to receive Content; (c) your failure to comply with instructions for use of the Service; and/or (d) an event which is outside of our reasonable control. You will not have any right to cancel a purchase for the supply of any personalised Products. This paragraph does not affect your other statutory rights as a consumer.
14. Right of Cancellation of Gilmore GO Membership. The Gilmore GO membership fee, as posted on the Site from time to time, is non-refundable, (except as expressly provided in this User Agreement). Your Gilmore GO membership begins when you receive confirmation by email. You may cancel your Gilmore GO membership at any time by notifying us at firstname.lastname@example.org and, upon such cancellation, we will refund your membership fee in full if you have not taken advantage of any Gilmore GO benefits (or, if you cancel during the first 14 days, we will issue a refund prorated for the number of whole months remaining in your paid membership even if you have taken advantage of Gilmore GO benefits during such 14-day period). Cancellation of your membership does affect your refund right for purchases of items from the Shop, and nothing in this paragraph is intended to affect your statutory rights as a consumer.
15. Refunds. In addition the above and your statutory rights (and save for downloadable Products, for which there is no statutory right of cancellation), if you are not completely satisfied with your purchase, you can return your purchased physical Product(s) to us (in the original undamaged and sealed state) with proof of purchase within thirty (30) days of receipt and we will arrange for an exchange, subject to availability, or a refund. In these circumstances you are responsible for the cost of returning the Product to us in an undamaged state. This right to exchange or refund does not apply to personalised Products. If you return a Product to us because you have cancelled the purchase within the fourteen-day cooling-off period (see above) we will process the refund due to you as soon as possible and, in any case, within thirty (30) days of notice. In this case, we will refund the price of the Product and any applicable delivery charges. If you return a Product to us for any other reason, we will examine the returned Product and will notify you of your right to any refund via e-mail within a reasonable period of time. We will refund the price of any defective Products in full, plus any applicable delivery charges and any reasonable costs you incur in returning the item to us, via the method originally used by you to pay for your purchase.
16. Insurance. The Products are made available on the basis that they will be used pursuant to a Franchise Agreement agreed between Gilmore and the purchaser. If you are planning to use any Product(s) for business purposes other than in relation to such agreement, please make sure that you are covered by appropriate insurance.
17. Liability. You agree that the liability of Gilmore to you hereunder shall be limited to the greater of: (a) the amount you have actually paid to Gilmore for its products or services; and (b) one hundred pounds (£100). Except as set out herein, Gilmore shall not be liable for any indirect or consequential loss of any kind in contract, tort or otherwise arising out of your use of this Site or in relation to the goods and/or services that we provide. Nothing in this User Agreement shall operate to limit or exclude liability for death or personal injury caused by negligence of Gilmore.
18. Indemnity. You agree to indemnify Gilmore for any loss or damage that may be incurred by Gilmore, including without limitation legal fees, arising from any breach by you of any warranty or other term herein or your misuse of any material or information obtained through the Site. You further undertake to indemnify Gilmore for all loss or damage incurred by Gilmore in relation to any third party claim against Gilmore for infringement of intellectual property rights arising in relation to your provision of materials to the Site.
19. Termination of this User Agreement and/or Gilmore GO membership. You may close your registration account at any time in accordance with the account closing procedures detailed on the Site. Gilmore may terminate this User Agreement and/or your Gilmore GO membership at any time with or without notice if, in our sole discretion, we believe that you may have breached (or acted in a manner indicating that you do not intend to or are unable to comply with) any term herein, or if we are legally required to do so by law, or if continuation is likely to be no longer commercially viable. If we have to terminate your Gilmore GO membership without cause, we may give you a prorated refund based on the number of whole months remaining in your membership.
20. Trade Marks. The brands, products and service names used or appearing within the Site (including without limitation, "Waves”, “Tesco Hand Car Wash”, “MyCarWash” and “Gilmore Consultancy”) are the trademarks or trade names of Gilmore or its trading partners unless otherwise stated. You may not distribute products or offer services under or by reference to or otherwise use or reproduce any such trademarks, trade names or taglines without the prior written permission of Gilmore.
21. Objectionable Material. If you encounter or become aware of any objectionable or infringing or unlawful content posted anywhere on the Site, please immediately report such material (and the specific page on which it is found) to email@example.com. Please note that there may be adverse legal consequences if you make a false or bad faith allegation through this process.
22. Hacking. You agree and undertake not to attempt to damage, deny service to, hack, crack, reverse-engineer, or otherwise interfere (collectively, "Interfere") with the Site in any manner. If you in any way Interfere with the Site, you agree to pay all damages incurred by Gilmore. We will cooperate with the authorities in prosecuting any User who Interferes with the Site or otherwise attempts to defraud Gilmore or any other parties through your use of the Site or services provided via the Site. We reserve the right to deny any or all access or service to any User for any reason, at any time, at our sole discretion. You agree that we may block your IP address or addresses at any time, and at our sole discretion to disallow your continued use of the Site. We reserve the right to take any action we may deem appropriate in our sole discretion with respect to violations or enforcement of the terms of this User Agreement, and we expressly reserve all rights and remedies available to us at law or in equity.
23. No Partnership. Your use of the Site and/or its content creates no partnership, client, fiduciary or other professional relationship.
24. Entire Agreement. This User Agreement constitutes the entire agreement between the parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this User Agreement.
25. Force Majeure. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control.
26. Severance. If any part, term, or provision of this User Agreement shall be held by a court of competent jurisdiction to be illegal, unenforceable, or in conflict with any relevant law, the remaining portions or provisions shall still remain valid and continue in full force and effect.
27. No Waiver. No waiver, express or implied, by either party of any term or condition or of any breach by the other of any of the provisions of this User Agreement shall operate as a waiver of any breach of the same or any other provision of this User Agreement.
28. No Assignment. You may not assign or sub-contract any of your rights or obligations under this User Agreement, or any related order for Products, or your Gilmore GO membership, to any third party except as allowed in these terms or if agreed in writing by Gilmore.
29. Variation. This User Agreement may be varied from time to time by our posting new terms on the Site, and any such amendment will be applicable to all Users from the date and time such revised terms have been posted on the Site. Your continued use of the Site or services constitutes agreement with and acceptance of any such amendment or other changes. For the avoidance of doubt: your continued Gilmore GO membership after any such change shall constitute your acceptance of the change. If you do not agree to any change, you must cancel your membership. However, any increase in the Gilmore GO membership fee will not apply until your membership is renewed. If any change is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions.
30. Law and Jurisdiction. This User Agreement shall be governed by and will be construed in accordance with the laws of England and Wales. Any disputes arising under or in connection with this User Agreement shall be subject to the exclusive jurisdiction of the English Courts.
31. Contacting Us. For enquires regarding the Online Store and returns, please contact us at the following address: Gilmore Consultancy Ltd (RE: www.gilmoreconsultancy.com), Bridge Studios, 318-326 Wandsworth Bridge Road, London, SW6 2TZ, or contact us at firstname.lastname@example.org.