Below are our terms for the use of this Website, whether as a guest or a registered user - please read these terms carefully before using this Website.
These terms are an agreement ("Agreement") between you and The Night Shift about your use of this Website and the information contained in or available through this Website and should be read in conjunction with our privacy policy. If you do not agree to these terms in full please leave this Website and do not make use of our services. By remaining on this Website and/or making use of our services you are deemed to accept these terms in full. Our terms and our privacy policy are updated from time to time, e.g. to reflect changes in our services and this Website. Please return to these terms from time to time and note any changes, as they are binding on you. Protecting your privacy is very important to us: please review our privacy policy https://thenightshift.network/privacy-policy, which explains how we treat your personal information and protect your privacy.
DEFINITIONS
“https://thenightshift.network”, “Us”, “Our” and “We” all refer to this Website, or the owner of it, which Website belongs to The Night Shift, a private company registered in England and Wales with its registered office address at Impact Brixton, 17a Electric Lane Brixton SW9 8LA, whose main trading address is at Impact Brixton, 17a Electric Lane Brixton SW9 8LA.
“You” refers to you the visitor and, or customer.
“Website” means this website at https://thenightshift.network.
ACCESS TO WEBSITE
You can access most parts of this Website without having to register any details with us. This includes all articles, guides, news and product information pages within the Website.
It is for you to make the proper arrangements for you to access this Website. You are responsible for ensuring that all persons who access the Website through your Internet connection are aware of this Agreement, and that they comply with it.
Our Website is intended for people in the United Kingdom. Content available on our site may not be suitable or accessible from other countries. We may restrict the availability of our Website or our services or goods to any person or country at any time without prior notice. If you access our site from outside the United Kingdom, you do so at your own risk.
USE OF WEBSITE AND SERVICES
Any material that is available free of charge on this Website you are permitted to use for your own personal use, but not for distribution (including sharing or making available for use by others by any means, whether free of charge or for payment) or resale. You promise that you will not resell or otherwise attempt to commercially benefit from the Website content.
All intellectual property (including without limitation copyright) in this Website and its content belongs to us or our licensors and are protected by copyright laws around the world. You have permission to print one copy and download extracts of any web page(s) from our Website for (a) your personal use and (b) to mention to colleagues in your organisation. You do not have permission to use any illustrations, photographs, video or audio files separately from any accompanying text. Our status (and that of any identified contributors) as the authors of material must always be acknowledged and you must not use the material on the Website in a derogatory manner.
Otherwise, than in accordance with clause 3.1, no part of this Website may be used without our prior permission.
If, in breach of these terms of use, you print off, copy or download any part of our Website, then your right to use our Website and is contents is automatically revoked - you must then immediately destroy any copies you have made of any part of our Website.
We do not guarantee that our Website will be free from bugs or viruses or protected at all times against hacking. You are responsible for setting up your computer to access our Website and using appropriate firewall and virus protection software.
Our terms and conditions of supply will apply if you purchase goods or services from our Website.
SITE UPTIME
We take all reasonable steps to ensure that this Website is available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to server and, other technical issues. Therefore we will not be liable if this Website is unavailable at any time. We do not guarantee that our Website, or any content on it, will be available uninterrupted. Access to our Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our Website is unavailable at any time or for any period.
This Website may be temporarily unavailable due to issues such as system failure, maintenance or repair or for reasons beyond our control. Where possible we will try to give our visitors advance warning of maintenance issues, but shall not be obliged to do so.
VISITOR CONDUCT
With the exception of personally identifiable information, the use of which is covered under our privacy policy, any material you send or post to this Website shall be considered non-proprietary and not confidential. Unless you advise us to the contrary, we will be free to copy, disclose, distribute, incorporate and otherwise use such material for any and all purposes.
When using this Website you must not attempt unauthorised access to our Website, the servers on which our Website or database are stored or any servers, computer or database connected to our site, and you shall not post or send to or from this Website any material: for which you have not obtained all necessary consents; that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in the United Kingdom; or which is harmful in nature, including, and without limitation, denial-of-service attacks, computer viruses, trojans, worms, logic bombs, corrupted data, or other potentially harmful software or data.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to this Website in breach of Paragraph 5.2.
If a third party alleges that content posted by you on our site is in breach of their intellectual property rights or their right to privacy, we may disclose your identity to such third party.
We reserve the right to remove any posting you make on our Website for any reason and without notice, but particularly if your post does not comply with these terms of use.
YOUR ACCOUNT AND PASSWORD
If you choose, or you are provided with, a user log-in or password as part of our security procedures, you must keep such information confidential.
If in our reasonable opinion you have breached these terms of use, then we may disable any user log-in or password at any time.
If you suspect anyone else knows your user log-in or password, you must promptly notify us at info@thenightshift.network. You can also use this email address if you have problems with logging in or access.
LINKS TO AND FROM OTHER WEBSITES
Any links to third party websites located on this Website are provided for your convenience only. We have not reviewed each third party website and have no responsibility for such third-party websites or their content. We do not endorse the third-party websites or make representations about them or any material contained in them. If you choose to access a third party website linked to from this Website, it is at your own risk. We will not be liable for any loss or damage that may arise from your use of them.
If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, any page on this Website, and subject to the following conditions: you do not in any way imply that we are endorsing any services or products unless this has been specifically agreed to by us in writing; you do not misrepresent your relationship with us or present any false information about us; you do not link from a website that is not owned by you; and your website does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law in the United Kingdom.
If you choose to link to our Website in breach of Paragraph 7.2 you shall fully indemnify us for any loss or damage suffered as a result of your actions.
DISCLAIMER AND EXCLUSIONS OF LIABILITY - please read carefully
Our Website is made available free of charge. We take reasonable steps to ensure that the information on this Website is correct at the time of first publishing. However, we do not guarantee the correctness or completeness of material on this Website or the absence of inaccuracies, omissions or typographical errors. We may make changes to the material on this Website at any time and without notice, including corrections. The material on this Website may be out of date, or on rare occasions incorrect and we make no commitment to ensure that such material is correct or up-to-date. We are not liable to send you notice of any changes or corrections made.
The material at this Website is provided without any conditions or warranties of any kind. To the maximum extent permitted by law, we provide access and use of this Website on the basis that we exclude all representations, warranties and conditions which but for these Terms may have effect in relation to this Website.
All information and services are provided "as is" without warranty or condition of any kind. We disclaim all warranties and conditions with regard to this information and services, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
Any information on the Website in many cases will be an abbreviated and simplified summary for general use or general guidance only, and is not a substitute for taking specific advice on your own situation from an appropriate expert. Before taking, or refraining from, any action on the basis of the content of our Website, you must obtain suitable advice from a professional or specialist.
You use the Website at your own risk - neither we, nor our agents, employees and sub-contractors, shall be liable to you or any other party for any losses or damages whatsoever or howsoever arising in connection with the website (whether under these terms and conditions or other contract or as a result of any misrepresentation, misstatement or tortious act or omission, including negligence).
Neither we nor any other party (whether or not involved in producing, maintaining or delivering this Website) shall be liability or responsible for any kind of loss or damage that may result to you or a third party as a result of your or their use of our Website. This exclusion shall include (without limitation) servicing or repair costs and any other direct, indirect or consequential loss, and whether in tort, contract or otherwise in connection with this Website.
We shall have no liability to any users for loss (whether in contract, tort, including without limitation negligence, breach of statutory duty or otherwise, and whether foreseeable or not) relating to: use of, or inability to use, our Website; or use of, or reliance on, the contents of our Website.
In addition, if you are a business user, we will not be liable to you for: lost profit or turnover; interruption or disruption of your business; your failure to make anticipated savings; lost business opportunities or damage to your goodwill or reputation; or indirect or consequential losses.
In addition, if you are a consumer, you agree not to use our site for any commercial or business purposes, and we shall have no liability to you for anything mentioned in Paragraphs 8.8.1 to 8.8.5.
We shall have no liability to you for any losses caused by a distributed denial-of-service attacks, computer viruses, trojans, worms, logic bombs, corrupted data, or other potentially harmful software or data that may damage your computer system, software and data from your use of our Website or your downloading of any content on it, or on any website linked to it.
Nothing in these Terms shall exclude or limit liability for (i) death or personal injury caused by negligence (as defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under English law.
MISCELLANEOUS
If any part of this Agreement is determined to be invalid or unenforceable under any applicable law, including, but not limited to, the above disclaimers and liability limitations, then the invalid or unenforceable provision will be deemed to be replaced by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement will continue in effect.
Unless otherwise specified, this Agreement constitutes the entire Agreement between you and us with respect to the use of the Website and it supersedes all prior communications and proposals, whether electronic, oral or written, between you and us with respect to the use of the Website.
You must not assign or otherwise transfer the Agreement, or any right granted under it, without our written consent. We can freely transfer our rights under the Agreement.
Any failure by us to enforce or exercise any provision of the Agreement, or any related right, will not be a waiver of that provision or right.
We may provide you with notices, including those regarding changes to the Agreement, by email, regular mail, postings on the Website, or other reasonable means now known or developed in the future.
GOVERNING JURISDICTION
These Terms shall be governed by and construed in accordance with English law. Any dispute(s) arising in connection with these Terms are subject to the exclusive jurisdiction of the courts of England and Wales.
Version: August 2020
These terms and conditions form the basis on which you can visit us and our website. Please read them carefully as they contain important information.
GENERAL TERMS AND CONDITIONS
This site is owned and operated by The Night Shift of Impact Brixton 17a Electric Lane SW9 8LA. If you have any queries about these terms and conditions or if you have any comments or complaints on or about our website, you can contact us at info@thenightshift.network.
1. THE CONTRACT BETWEEN US
We must receive payment of the whole of the price for the services that you order before your order can be accepted. Payment of the price for the services represents an offer on your part to purchase the services, which will be accepted by us only when a confirmation of acceptance is sent by us. Only at this point is a legally binding contract created between us.
2. ACKNOWLEDGEMENT OF YOUR ORDER
To enable us to process your order, you will need to provide us with your e-mail address. We will notify you by e-mail as soon as possible to confirm receipt of your order and to confirm details. For the avoidance of doubt, this correspondence does not constitute a contract between us.
3. OWNERSHIP OF RIGHTS
All rights, including copyright, in this website, are owned by or licensed to [insert your business name]. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use, is prohibited without our permission. You may not modify, distribute or repost anything on this website for any purpose.
4. ACCURACY OF CONTENT
We have taken care in the preparation of the content of this website, in particular, to ensure that prices quoted are correct at the time of publishing and that all services have been described accurately.
5. DAMAGE TO YOUR COMPUTER
We try to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it will not cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website. Except in the case of negligence on our part, we will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.
6. AVAILABILITY
The services will be provided within an agreed timescale, and time is not of the essence of the contract.
7. ORDERING ERRORS
You are able to correct errors on your order up to the point on which you click on “submit” during the ordering process.
8. PRICE
The prices payable for services that you order are as set out on our website. All prices are inclusive of VAT at the current rates and are correct at the time of entering information.
9. PAYMENT TERMS
We will take payment upon receipt of your order from your credit or debit card. We accept no liability if our services are delayed because you did not give us the correct payment details. If it is not possible to obtain full payment for the services from you, then we can refuse to process your order and/or suspend any further services. This does not affect any other rights we may have.
10. CANCELLATION RIGHTS
10.1 Where you are a consumer as defined in The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 SI 2013/3134 you have the legal right to cancel your order up to 14 calendar days after the day on which the contract is entered into (the Cancellation Period). You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty (unless we have begun the services within the Cancellation Period in accordance with clause 10.5)
10.2 The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 SI 2013/3134 do not apply if the services you have ordered are of a gambling, banking, credit, insurance, personal pension, investment or payment nature.
10.3 In accordance with The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 SI 2013/3134 you cannot cancel your contract if the services you have ordered are passenger transport services, services (other than the supply of water, gas, electricity or heating) for which the price is dependent on fluctuations in the financial market, urgent repairs or maintenance where you have specifically requested a visit, accommodation, transport of goods, vehicle rental services, catering or services related to leisure activities (if the contract provides for a specific date or period of performance).
10.4 Should you wish to cancel your order, you can use the cancellation form provided at the end of these terms and conditions, or alternatively you can notify us in writing by any durable medium (for example letter sent by post, fax or e-mail).
10.5 If you require us to begin the services within the Cancellation Period we require you to make an express request to do so. In such cases, your right to cancel continues until either the end of the Cancellation Period, or the completion of the services, whichever is the earlier. If you cancel during the Cancellation Period we may charge you for any services provided up until the point when we receive your cancellation notice, and will provide a partial and proportionate refund accordingly. Your right to cancel the services will no longer apply once the services have been fully performed.
11. CANCELLATION BY US
11.1 We reserve the right not to process your order if:
11.1.1 We have insufficient staff or resources to deliver the services you have ordered;
11.1.2 We do not provide services to your area; or
11.1.3 One or more of the services you ordered was listed at an incorrect price due to a typographical error.
11.2 If we do not process your order for the above reasons, we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit/debit card as soon as possible, but in any event within 14 days.
12. IF THERE IS A PROBLEM WITH THE SERVICES
12.1 If you have any questions or complaints about the services please contact us. You can do so at info@thenightshift.network.
12.2 We are under a legal duty to supply services that are in conformity with this contract and in accordance with the Consumer Rights Act 2015 (the Act).
13. LIABILITY
13.1 We are only responsible for losses that are a natural, foreseeable consequence of our breach of these terms and conditions. We do not accept liability if we are prevented or delayed from complying with our obligations set out in these terms and conditions by anything you (or anyone acting with your express or implied authority) does or fails to do, or is due to events which are beyond our reasonable control.
13.2 Furthermore, we do not accept liability for any losses related to any business of yours including but not limited to: lost data, lost profits, lost revenues or business interruption.
13.3 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.
14. 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 The Night Shift, Impact Brixton, 17a Electric Lane SW9 8LA and all notices from us to you will be displayed on our website from time to time.
15. CHANGES TO LEGAL NOTICES
We reserve the right to change these terms and conditions from time to time and you should look through them as often as possible.
16. LAW, JURISDICTION AND LANGUAGE
This website, any content contained therein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with English law. Parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.
17. 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.
18. PRIVACY
You acknowledge and agree to be bound by the terms of our privacy policy.
19. THIRD PARTY RIGHTS
Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.
Version: August 2020
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