Terms and Conditions

Please read these Terms and Conditions carefully as they contain important Information about your rights and obligations when using everthere.com ("this site"). Your attention is drawn in particular to clause 5 (warranty) and clause 6 (liability).

  1. Introduction

    1. “We” are Everthere Ltd and our address is: 19 Longfield Road, Weymouth, Dorset DT4 8RQ, UK.
    2. These terms and conditions are deemed to include our privacy policy and are collectively known as "these Terms".
    3. When you use this Site, you agree to be bound by these terms and conditions. If you do not agree to be bound by these Terms, you may not use this Site.
    4. You may print and keep a copy of these Terms. They are a legal agreement between us and can only be modified with our consent. We may change these Terms at our discretion by changing them on the Site. The then current version of these Terms will apply whenever you use this Site.

  2. Intellectual Property

    1. The copyright and all other intellectual property rights in this Site (including all trade marks, service marks, trading names, text, graphics, code, files and links) belong to us or our licensor(s). You may download material from this Site for the sole purpose of using this Site. However, you must not copy, transmit, modify, republish, store (in whole or in part), frame, pass-off or link to any material or information on or downloaded from this Site without our prior written consent.
    2. The device “Everthere LOGO” is our trademark. You may not use or copy it without our prior written consent.
    3. This Site contains links to websites operated by third parties. We have no control over their individual content. We therefore make no warranties or representations as to the accuracy or completeness of any of the information appearing in relation to any linked websites. The links are for your convenience only. We do not recommend any products or services advertised on those websites. If you decide to access any third party website linked from this Site, you do so at your own risk.
    4. You must not include links to this Site in any other website without our written consent.

  3. Your Obligations and Conduct

    1. You accept that you are solely responsible for ensuring that your computer system meets all relevant technical specification necessary to use this Site and that your computer system is compatible with this Site.
    2. You must not misuse our system or this Site. In particular, you must not hack into, circumvent security or otherwise disrupt the operation of our system and this Site, or attempt to carry out any of the foregoing.

  4. Barring from the Site

    1. We reserve the right to bar users from this Site, on a permanent or temporary basis at our sole discretion. Any such user shall be notified and must not then attempt to use this Site under any other name or through any other user.

  5. Warranty

    1. Whilst we endeavour to ensure that any material available for downloading from this Site is not contaminated in any way, we do not warrant that such material will be free from infection, viruses and/or similar code.
    2. Due to the nature of software and the internet, we do not warrant that your access to, or the running of, this Site will be uninterrupted or error free. We shall not be liable if we cannot process your details due to circumstances beyond our reasonable control.
    3. The information provided on this Site is for general interest only and does not constitute specific advice. Whilst we endeavour to ensure that the information on the Site is accurate, complete and up-to-date we make no warranties or representations that this is the case.
    4. We make no warranty or guarantee that the Site or information available over it complies with laws other than those of the UK.

  6. Liability

    1. Nothing in these Terms will be deemed to exclude our liability to you for death or personal injury arising from our negligence, or for fraudulent misrepresentation.
    2. Subject to clause 6.1, we will not be liable for any failures due to software or Internet errors or unavailability, or any other circumstances beyond our reasonable control.
    3. Subject to clause 6.1, we do not accept any liability for loss of your password or account ID caused by a breakdown, error, loss of power or otherwise caused by or to your computer system.
    4. Subject to clause 6.1, we accept no liability for any loss suffered as a result of your use of this Site or reliance on any information provided on it and exclude such liability to the fullest extent permitted by law.
    5. Subject to clauses 6.1 to 6.4 inclusive, we shall not be liable to you for:
      1. any indirect, consequential, special or punitive loss, damage, costs and expenses
      2. loss of profit
      3. loss of business
      4. loss of reputation
      5. depletion of goodwill or loss of, damage to or corruption of data

  7. Legal Jurisdiction

    1. English law shall apply to these Terms. You irrevocably agree that the courts of England will have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms and for those purposes irrevocably submit all disputes to the exclusive jurisdiction of the English courts.

  8. Notices

    1. All notices shall be given:
      1. to us, by email or by post..
      2. to you, by email to the email address that you provide to us at the point of your registration, as may be amended by you on this Site from time to time.
      3. All notices sent by email will be deemed to have been received on receipt (or, when received on a UK national holiday or on a Saturday or a Sunday, the next working day following the day of receipt). All notice sent by post will be deemed to have been received no more than 3 working days after the date of posting.

  9. Customer Feedback

    1. We operate a system to ensure that all customer feedback is dealt with fairly and consistently, and is properly recorded. We welcome any suggestions that you make about how we may improve our service. Please write to us at the above address, or e-mail us. Our aim is to acknowledge all customer feedback, however, this cannot be guaranteed.

  10. General

    1. We may from to time to time change the content of this Site or suspend or discontinue any aspect of this Site, which may include your access to it. Subject to our notifying you to the contrary, any amendments or new content to this Site will be subject to these Terms.
    2. These Terms are the whole agreement between you and us. You acknowledge that you have not entered into this agreement in reliance on any warranty or representation made by us (unless made fraudulently). If a court decides that any part of these Terms cannot be enforced, that particular part of these Terms will not apply, but the rest of these Terms will.
    3. A waiver by a party of a breach of any provision shall not be deemed a continuing waiver or a waiver of any subsequent breach of the same or any other provisions. Failure or delay in exercising any right under these Terms shall not prevent the exercise of that or any other right. You may not assign or transfer any benefit, interest or obligation under these Terms. The provisions of the Contracts (Rights of Third Parties) Act (1999) shall not apply to these Terms.