Terms & Conditions

Cherubs Nurseries Terms and Conditions for Online Payment

IMPORTANT: By submitting a payment through Cherubs Nurseries (“Nursery”) online payments site you are agreeing to these terms and conditions. If you do not accept these terms, please do not proceed with the submission of your payment.

This online payment system is provided by Cherubs Nurseries and its third party suppliers. Cherubs Nurseries may update these terms from time to time and any changes will be effective immediately on being set out here. Please ensure you are aware of the current terms.

We endeavour at all times to conform to the following UK legislation:

  • Distance Selling Regulations 2000
  • Privacy and Electronic Communications (EC Directive) Regulations 2003
  1. Use
    1. All text, images and other content on this payment site is copyright of Cherubs Nurseries or its licensors unless explicitly stated otherwise. In accessing this payment site, you agree that the payment site is made available for your personal, non-commercial use only. Unless you have Cherubs Nurseries prior written permission, you are not permitted to copy, make available to the public, download, store (in any medium), show in public, adapt or change in any way the material (or any part of it) contained on this payment site for any purpose whatsoever.
    2. Without limitation to any matter set out in these terms and conditions of use or the e-Payment Privacy Policy, you must not use this payment site to:
      • commit or encourage unlawful acts or in breach of these terms of use;
      • misrepresent your identity;
      • hack, or attempt to hack, any part of the payment site or any system used to run it;
      • store personal data derived from the payment site;
      • technically harm the payment site and/or its systems (including, without limitation, computer viruses or malicious software or harmful data);
      • provide any information that is inaccurate or is in breach of any laws or regulations. Where information provided by you whilst using the online payment system is inaccurate or does not agree with the Nursery records, you may not be able to make a payment using this service and you should contact your Nursery Manager.
  2. Disclaimer
    1. While Cherubs Nurseries tries to ensure that the information and content on this payment site is accurate at the time it was published on the site, it does not warrant that this is the case. To the fullest extent permitted by law, the material on this website and its online payment facility is provided “as is”, and without warranties, conditions or other terms of any kind.
    2. While Cherubs Nurseries will make reasonable endeavours to ensure that the online payments system is available and usable at all times, it does not guarantee continuous, uninterrupted or secure access to the system. While every reasonable effort has been made to ensure accessibility, the University does not guarantee that use of the online-payments system will be compatible with all hardware and software of its users. Cherubs Nurseries reserves the right to suspend or withdraw access, without notice, to either the whole or part of the payment site, for any reason.
    3. Nothing on this payment site constitutes any part of a contract unless otherwise expressly stated.
    4. Any links within this payment site to third party websites are not checked by the Nursery and Cherubs Nurseries bears no responsibility for the content of external sites. If you access external sites through this payment site, you do so at your own risk.
  3. Liability
    1. To the fullest extent permitted by law, Cherubs Nurseries excludes all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party in connection with the use of this payment site in any way. Nothing will limit the Nursery’s liability for death or personal injury caused by its negligence or for fraud.
    2. Every effort is made to ensure downloadable content is free from viruses. Cherubs Nurseries accepts no liability for damages resulting from virus infection.
  4. Copyright, trade marks and other intellectual property
    1. Unless stated otherwise, the copyright and other intellectual property rights in all text, images and other material on this payment site are owned by Cherubs Nurseries, or its licensors.
    2. The trade marks and logos used and displayed on this website are registered and unregistered trade marks of Cherubs Nurseries, or those of others. You may not use these trade marks without our prior written consent, or that of the relevant owner.
  5. Data Protection Policy
    Please see the Cherubs Nurseries Data Protection Policy which governs the nursery’s use of your personal information.
  6. Governing law and jurisdiction
    These terms of use are governed by English law. Disputes arising in connection with them shall be subject to the non-exclusive jurisdiction of the English courts.
  7. Miscellaneous
    1. These terms of use are not intended to, nor shall they confer any benefit on a third party, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
    2. No waiver by the Nursery of any breach of these terms by you shall be considered as a waiver of any subsequent breach of the same or of any other provision.
    3. Section headings have been included for convenience only and shall not be considered part of, or be used in interpreting, these terms.
    4. If, at any time, any provision of these terms is or becomes invalid or illegal in any respect, such provision shall be deemed to be severed from the terms, but the validity and enforceability of the remaining provisions shall not be affected as a result.

 

December 2017 – Cherubs Nurseries