UNLISTED LONDON WEBSITE USERS’ TERMS & CONDITIONS

For Terms and Conditions for the supply of goods and services through this website please also refer to Order Policies / Booking Procedures.

1. Ownership
This website (unlistedlondon.com) is an official website of Unlisted (UK) Limited (Incorporated in England and Wales Co. No. 5829517, VAT No 899 3666 41) whose registered office is at 1 Berkeley Street, Mayfair, London W1J 8DJ ("we" or "us"), trading as Unlisted London, and is copyright Unlisted (UK) Limited. This website and all intellectual property rights in its design, text, graphics, and the selection and arrangement thereof, together with the Unlisted (UK) Limited & Unlisted London trade mark and logo depicted in this website belong to us. We are the operator of www.unlistedlondon.com. All other trademarks, product names and company names or logos sited herein are the property of their respective owners. No permission is given by us in respect of the use of any such brand names, photographs, product names or titles or copyrights and such use may constitute an infringement of the owners’ rights.

2. Limited Licence; Restrictions
You are granted a limited licence to download the materials contained on this website to a single personal computer, and to print out a hard copy of such materials, solely for personal, non-commercial use, and provided all copyright, trade mark and other proprietary notices are left intact. Any other use of any of the materials on this website, including commercial reproduction, modification, distribution, transmission or republication, without our prior written permission is strictly prohibited, and is a violation of our intellectual property rights.

3. Disclaimer & Limitations of Liability
Unlisted (UK) Limited does not seek to exclude or limit liability for death or personal injury arising from its negligence or that of its members, agents, directors or employees or for any fraudulent misrepresentation. To the fullest extent permitted by law and save as provided above, neither Unlisted (UK) Limited nor any associated company shall be liable to you by reason of any representation, implied warranty, condition or other term, or any duty at common law, or under the express terms of the contract, or in negligence (whether on the part of Unlisted (UK) Limited or any of its members, agents, directors, employees or otherwise) for any indirect special or consequential loss or damage (including but not limited to loss of profit or loss of saving), costs, expenses or other claims for compensation whatsoever which arise out of or in connection with the use of this Website, the supply of the products and services or their use or resale by you.

• The limitations of liability in these conditions shall apply equally for the benefit of Unlisted (UK) Limited. and any other associated company of Unlisted (UK) Limited. as if references to Unlisted (UK) Limited. included references to each such associated company.
• While Unlisted (UK) Limited uses reasonable endeavours to ensure that the information on this Website is accurate and up to date, it does not give any warranty as to its accuracy or completeness and the company will not be responsible for any errors or omissions or for the results arsing from the use of such information.
• While Unlisted (UK) Limited takes all reasonable steps to ensure a fast and reliable service, it does not guarantee that your use of this Website will be interruption or error free and will not be responsible for any disruption, loss or corruption of any material in transit, or loss or corruption of material or data when downloaded onto any computer system.
• Further, Unlisted (UK) Limited will not be responsible or liable for your use of any other Websites which you may access via links within this Website. Unlisted (UK) Limited does not control these Websites and is not responsible for their content. Any such links are provided merely as a service to users of this Website and their inclusion in this Website does not constitute an endorsement by, or affiliation with, Unlisted (UK) Limited.
• The entire liability of Unlisted (UK) Limited under or in connection with any contract for any products to which these conditions apply shall not exceed the price of the products, except as expressly provided in these conditions.
• Unlisted (UK) Limited will not be liable to you or be deemed to be in breach of the contract by reason of any delay in performing, or any failure to perform, any of its obligations in relation to the products or services ordered by you if the delay or failure was due to any cause beyond its reasonable control.
• Unlisted (UK) Limited may assign or transfer any of its rights or sub contract any of its obligations under these terms and conditions to any third party. You may not assign or transfer any of your rights or sub contract any of your obligations under these terms and conditions except with the specific permission in writing from the Company.
• No person who is not a party to these terms and conditions shall have any right to enforce any term under the Contracts (Rights of Third Parties) Act 1999. Nothing in these conditions is intended nor shall affect any of your statutory rights that may not be legally excluded.
• No person who is not a party to these terms and conditions shall have any right to enforce any term under the Contracts (Rights of Third Parties) Act 1999. Nothing in these conditions is intended nor shall affect any of your statutory rights that may not be legally excluded.
• You agree fully to indemnify, defend and hold us and our officers, directors, employees, agents and suppliers harmless immediately on demand from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your personal information.
• Unlisted (UK) Limited’s total liability for any claim howsoever arising shall not exceed the price of the goods or services supplied by the Company to the customer, together with any postage or out-of-zone costs incurred. Unlisted (UK) Limited shall not be liable for any consequential customer loss whether this arises from a breach of duty in contract or in any other way. Unlisted (UK) Limited cannot accept any liability for a failure to comply with specific instructions stated in the catalogue or on the Website.

This statement does not affect customers' statutory rights.

4. Miscellaneous
If any court of competent jurisdiction finds any provision of these terms to be void or unenforceable for any reason then such provision shall be ineffective to the extent of the court's finding without affecting the validity and enforceability of any remaining provisions. We reserve the right to amend these terms and conditions at any time without notice. If you have any comments, please send them to us at privacy@unlistedlondon.com. You acknowledge that we are under no obligation to pay for or respond to any such comments, or to keep them confidential. You warrant that any comments you may submit will not infringe the personal or proprietary rights of any third party, nor be defamatory, obscene, abusive or otherwise unlawful, and you will indemnify us against all actions, costs, claims, demands, losses or liabilities of whatsoever nature which we may suffer by reason of any breach of such warranty.

5. Users under 16
If you are under 16 years of age, you may use the unlistedlondon.com website and make purchases but we highly recommend that you do so only with the prior knowledge of a parent or guardian and that of the bill payer. This policy is designed to protect and safeguard the safety and privacy of children and minors.

6. Linked Websites
We may contain links to and from other Websites operated and maintained by separate companies. We have no responsibility for linked Websites (including the Websites of participants in our associate program) and provide these links solely for the convenience and information of our visitors. The privacy policies of these Websites may differ from our policy, so you should always review the privacy statement of each linked Website you visit.

7. Data Protection & Privacy
You acknowledge and agree to be bound by the terms of our Privacy Policy. The data you submit, and our records of your visits to the Site, will be used to monitor and improve our service to you, and for marketing purposes. Unlisted (UK) Limited will comply with all data protection legislation for the time being in force in the UK and will not disclose your personal data to anyone.
Please see the ‘Privacy Policy’ section of unlistedlondon.com for our full Privacy Policy.

8. Prize Draws
From time to time Unlisted (UK) Limited may operate Prize Draws. By entering a Prize Draw you agree to receive occasional promotional offers and updates from Unlisted (UK) Limited. By entering a Prize Draw your entry will be valid for all subsequent Unlisted (UK) Limited Prize Draws for 6 months. Certain Prize Draws may contain special terms and conditions that will be detailed on the unlistedlondon.com Prize Draw page. The timescale for each Prize Draw will be displayed on the unlistedlonson.com Prize Draw page and the winner(s) will be selected at random within 5 days of the end of that particular Prize Draw and will be notified by e mail within 72 hours of the draw. If you are a winner simply follow the instructions on the e mail you receive to claim your prize. Prizes must be claimed within 60 days of each draw. Unclaimed prizes will be void. All prizes are subject to availability. Should any prize be unavailable a prize of similar price of specification will be substituted.

9. Prices and Availability
All prices on the Website are quoted in pounds (£) Sterling and, where appropriate, are inclusive of UK VAT. The current rate of VAT is 15%. Prices and availability of goods and services are subject to change without notice.

10. Events beyond our control
We will not be in breach of these terms and conditions or otherwise liable for any delay in performance if the delay or failure is due to circumstances beyond our reasonable control including, without limitation, strikes, lockouts and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.

11. Governing Law & Jurisdiction
These terms and conditions shall be governed by and construed in accordance with English law, and any dispute shall be subject to the exclusive jurisdiction of the English courts. By using this web site, you hereby submit to the exclusive jurisdiction of such courts for such purposes, and waive any and all objections to jurisdiction or venue therein. If any court of competent jurisdiction finds any provision of these terms and conditions to be void or unenforceable for any reason, then such provision shall be ineffective to the extent of the court's finding without affecting the validity and enforceability of any remaining provisions. We reserve the right to amend these terms and conditions at any time without notice.

12. Your Comments Feedback and Other Submissions
Unlisted London welcomes your comments and feedback regarding this Web site, and Unlisted services. Any information, materials, suggestions, ideas or comments sent to Unlistedlondon.com will not be treated as confidential, proprietary or trade secret information and, by submitting such information, you are granting unlistedlondon.com an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such information for any purpose whatsoever. Unless required by law, Unlistedlondon.com will not use your name in connection with any such information, materials, suggestions, ideas or comments without your prior written consent.

If you have questions or comments about our site or our privacy policies, feel free to send an e-mail to privacy@unlistedlondon.com or write to:
Privacy Manager
1 Berkeley Street, Mayfair
London, W1J 8DJ

Last updated: 9 July 2009