Hollingworth & Moss Ltd (“Hollingworth & Moss”) operates this web site
at http://www.mythesis.co.uk or
http://www.mydissertation.co.uk (“the Site”). Hollingworth & Moss
Ltd is a company registered in England and Wales (Registration Number 1510092)
and has its registered office address at Manor Street Industrial Estate,
Enfield Terrace, Leeds, LS7 1RG. In these terms and conditions Hollingworth
& Moss is referred to as “we” or “us” and “our” refers to the property of
Hollingworth & Moss Ltd. You as a user of our site are referred to as
“you”.
Please take time to read these terms and conditions as it is important that you
understand the contractual relationship relating to your use of the Site and
governing any purchase you make. Your continued use of the site indicates that
you accept these terms and conditions. If you have any questions, please
contact us at: binders@hollingworthmoss.co.uk
1 The Site
1.1 You acknowledge and agree to be bound by the terms of our privacy policy.
Please click here to read our
privacy policy.
1.2 We provide “hyper-links” from the Site to web sites of third parties. Please
note that we have no control over and are not responsible for the content of
such web sites and accordingly make no warranty or representation as to their
contents. We provide these links for your convenience only but we do not
necessarily endorse the material on those web sites. We are not responsible for
any transaction conducted between you and any such third parties and such a
transaction is subject to the third parties terms and conditions.
1.3 We make no representation or warranty of any kind with respect to the Site
or its contents and we hereby disclaim all such representations and warranties
about the accuracy, completeness, or suitability for any purpose of the
information and related graphics published in this Site. The information
contained in this Site may contain technical inaccuracies or typographical
errors. All liability howsoever arising for any such inaccuracies or errors is
expressly excluded to the fullest extent permitted by law.
1.4 Intellectual Property Rights
1.4.1 The content of the Site and all intellectual property rights connected to
the Site are owned by us. Such rights include, but are not limited to the
underlying software, copyright in the text, logos, pictures, photographs,
graphics icons and design of the Site, the look and feel and structure of the
Site, trade marks, domain names and database rights.
1.4.2 You may retrieve and display the content of the Site on a computer
screen, store such content in electronic form on disk (but not any server or
other storage device connected to a network) or print one copy of such content
for your own personal, non-commercial use, provided you keep intact all
copyright and proprietary notices. You are not permitted to reproduce, modify,
copy, distribute or use for commercial purposes any of the content on the Site
without written permission from us.
1.4.3 No licence is granted to you in these Terms and Conditions to use any
trade mark of Hollingworth & Moss Ltd or any of our affiliated companies.
2 Purchase of Goods or Services
2.1 Any purchase of goods and services from us will be governed by these Terms
and Conditions.
2.2 The goods and services offered by us consist of:-
2.2.1 Conversion of your dissertation to PDF format;
2.2.2 Printing of your dissertation;
2.2.3 Binding of your dissertation.
2.3 Once the goods and services have been agreed by you on the Site, payment for
the goods and services will be requested.
2.4 We must receive payment of the whole of the price for the goods or services
before your order can be accepted. Once payment has been received by us we will
confirm that your order has been accepted by (sending an email to you at the
email address you provide). Our acceptance of your order brings into existence
a legally binding contract between us.
3 Price and Payment
3.1 The price payable for the goods and services you order is set out in the
Site. All thesis printing and binding costs are zero rated for VAT (including
the binding service charge, and the cost of the extras. Delivery prices include
VAT as stated in the Site.
3.2 If you choose to have the goods delivered to you by courier the price for
this service is set out in the Site. For users outside the UK and Ireland an
additional charge will be made for delivery.
3.3 Payment can be made by credit or debit card. Your details are securely
processed by PROTX VSP (see - www.protx.com).
We do not receive or store any credit or debit card information; only a
confirmation that the transaction has been authorised.
4 Cancellation of your Order
4.1 You cannot cancel your order if you have requested the dissertation printing
and binding service as this is personal to you.
5 Cancellation by Us
5.1 We reserve the right to cancel the contract between us if:
5.1.1 We have insufficient stock to deliver the goods or undertake the services
that you have ordered;
5.1.2 We do not deliver to your area; or
5.1.3 One or more of the goods or services you ordered was listed at an
incorrect price due to a typographical error or an error in the pricing
information received by us from our suppliers; or
5.1.4 We don’t want to do business with you.
5.2 If we do cancel your contract we will notify you by e-mail within seven days
and will re-credit to your account any sum deducted by us from your credit card
as soon as possible but in any event within 30 days of your order. We will not
be obliged to offer any additional compensation for disappointment suffered or
for deadlines not being met.
6 Delivery of goods to you
6.1 We will deliver the goods ordered by you to the address provided by you for
delivery at the time you make your order. You must provide an accurate delivery
address and we do not guarantee delivery to you.
6.2 Delivery will be made as soon as possible after your order is accepted and
in any event within 30 days of your order. Any indication given of the date for
delivery is an estimate only and shall not be binding on us.
6.3 You will become the owner of the goods you have ordered when they have been
paid for and delivered to you. Once goods have been delivered to you they will
be held at your own risk and we will not be liable for their damage, loss or
destruction.
7 Limited Liability
7.1 If the goods we deliver are not what you ordered or are damaged or defective
or the delivery is of an incorrect quantity, you must notify us in writing
within 10 working days of the delivery of the goods.
7.2 If you do not receive goods ordered by you within 30 days of the date on
which you ordered them, you must notify us in writing within 40 days of the
date on which you ordered the goods.
7.3 If you notify us of a problem under this condition 7.1 or 7.2, our only
obligation will be, at your option:
7.3.1 To make good any shortage or non-delivery;
7.3.2 To replace or repair any goods that are damaged or defective; or
7.3.4 To refund to you or provide a credit note for the amount paid by you for
the goods in question in whatever way we choose.
7.4 Where you have paid for our conversion service, we accept no liability for
your inability to retrieve documents if this is due to your own software
limitations.
7.5 Save as precluded by law, we will not be liable to you for any indirect or
consequential loss, damage or expenses (including, but not limited to loss of
profits, business, data, income or goodwill) howsoever arising and our
liability limited to the amount paid by you for the goods or services under
clause 3.1 above.
7.6 You must observe and comply with all applicable regulations and legislation,
including obtaining all necessary customs, import or other permits to purchase
goods from our site. The importation or exportation of certain of our goods to
you may be prohibited by certain national laws. We make no representation and
accept no liability in respect of the export or import of the goods you
purchase.
7.7 Notwithstanding the foregoing, nothing in these terms and conditions is
intended to limit any rights you might have as a consumer under applicable
local law or other statutory rights that may not be excluded nor in any way to
exclude or limit our liability to you for any death or personal injury
resulting from our negligence.
8 Material Provided By You
8.1 For the purpose of allowing us to fulfil our obligations to you under the
contract you hereby grant us a non-exclusive licence to copy, reproduce, store
or use in any way connected with the provision of the goods and services
ordered by you the intellectual property rights in any material provided to us.
8.2 By providing the material to us, you warrant that you are the owner of the
copyright and any other intellectual property rights in the material. You agree
to indemnify us against all losses, liabilities, costs and expenses reasonably
suffered or incurred by us, all damages awarded against us under any judgment
by a court of competent jurisdiction and all settlements sums paid by us as a
result of any settlement agreed by us arising out or in connection with:
8.2.1 Any claim by any third party that the material is defamatory, offensive or
abusive, or of an obscene or pornographic nature, or is illegal or constitutes
a breach of any applicable law, regulation or code of practice;
8.2.2 any claim by any third party that the material infringes a third party's
copyright or other intellectual property rights; and any fines or penalties
imposed by any regulatory, advertising or trading body or authority in
connection with the use of the Site by you.
You are responsible for ensuring that the content of your material is
typographically correct and in format you wish it to be converted, printed or
bound. We re not responsible for correcting numbering problems, spelling
mistakes or for ensuring that the content of the material is fit for any
particular purpose.
We will ensure that the material is not altered, modified or adapted in any way.
The material will be saved and not stored in its original format for a period
of 28 days. After this time, the material will be deleted by us. We do not
accept any responsibility thereafter for the detention or failure to store
documents, files or other material.
We confirm that any intellectual property risks in the material supplied by you
to us is owned by you. We will not attempt to reproduce or copy the material
except for the purpose of carrying out the contract. We will not distribute the
material to any third party.
Notices
Unless otherwise expressly stated in these Terms and Conditions, all notices
from you to us must be in writing and sent to our contact address at:
Hollingworth & Moss Ltd, Manor Street Industrial Estate, Enfield Terrace,
Leeds LS7 1RG and all notices from us to you will be e-mailed to the contact
information given at the time you placed your order.
10 Events beyond our control
We shall have no liability to you for any failure to deliver goods you have
ordered or any delay in doing so or for any damage or defect to goods delivered
that is caused by any event or circumstance beyond our reasonable control
including, without limitation, strikes, lock-outs and other industrial
disputes, breakdown of systems or network access, flood, fire, explosion or
accident.
11 Invalidity
If any part of these terms and conditions is unenforceable (including any
provision in which we exclude our liability to you) the enforceability of any
other part of these conditions will not be affected.
12 Third Party Rights
Except for our affiliates, directors, employees or representatives, a person who
is not a party to this agreement has no right under the UK Contracts (Rights of
Third Parties) Act 1999 to enforce any term of this agreement but this does not
affect any right or remedy of a third party that exists or is available apart
from that Act.
13 Assignment
You may not assign, sub-license or otherwise transfer any of your rights under
these Terms and Conditions.
14 Waiver
If you breach these Terms and Conditions and we ignore this, we will still be
entitled to use its rights and remedies at a later date or in any other
situation where you breach the Terms and Conditions.
15 Governing law
The contract between us shall be governed by and interpreted in accordance with
English law and the English courts shall have jurisdiction to resolve any
disputes between us.
16 Changes
We reserve the right, at our discretion, and without notice to you, to modify,
add to or change the Site, these Terms and Conditions, our Privacy Statement
and any other policies at any time and any such changes will be effective
immediately on being posted to this Site. Changes are indicated by the issue
date on the Site.
Hollingworth & Moss Ltd
Manor Street Industrial Estate
Enfield Terrace
Leeds
LS7 1RG
Issued November 2005