CKB Ltd Website Terms and Conditions: Website Terms of Use (Business-to-Customer) December 2023

Background:
These Terms of Use, together with any and all other documents referred to herein, set out the terms of use under which you may use Our Site, www.giftstomorrow.co.uk and www.lanyardstomorrow.co.uk (transactional websites). www.ckbltd.com acts as a portal only for access to our associated company transactional websites of www.giftstomorrow.co.uk and www.lanyardstomorrow.co.uk Please read these Terms of Use carefully and ensure that you understand them before using Our Site. These Terms of Use do not apply to the sale of goods. Please refer to our e-commerce Sale of Goods Policy for more information. These Terms and Conditions, as well as any and all Contracts are in the English language only. These Terms and Conditions do not affect your statutory rights.

In providing Our Site, We observe The UK Data Protection Act 2018, UK-GDPR (General Data Protection Regulation), the E-Commerce Directive 2002, the Consumer Contracts (Information, Cancellation & Additional Charges) Regulations 2013, and the Consumer Rights Act 2015. We have also analysed Our Site and its appeal in respect of the Age-Appropriate Design Code 2020.

1. Definitions and Interpretation
1.1 In these Terms of Use, unless the context otherwise requires, the following expressions have the following meanings:

2. Information About Us
2.1 Our Site, www.giftstomorrow.co.uk and www.lanyardstomorrow.co.uk, is owned and operated by CKB Ltd ®, a limited company registered in England under number 07123102, whose registered address is St. Christopher's House, Ridge Road, Letchworth Garden City, Hertfordshire, SG6 1PT, England and whose main trading address is Unit 5, Business Centre East, Fifth Avenue, Letchworth Garden City, Hertfordshire, SG6 2TS. Our VAT number is 991324508. We operate under our group company brands of Gifts Tomorrow™ on www.giftstomorrow.co.uk and Lanyards Tomorrow ® on www.lanyardstomorrow.co.uk
www.ckbltd.com acts as a portal only for access to our associated company transactional websites of www.giftstomorrow.co.uk and www.lanyardstomorrow.co.uk These Terms of Use apply to all Our transactional business to customer sites and our portal site of www.ckbltd.com

3. Access to and Use of Our Site
3.1 Access to Our Site is free of charge.
3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.
3.3 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
3.4 Use of Our Site is subject to our website policies. Please ensure that you have read them carefully and that you understand them.

4. Accounts
4.1 Certain parts of Our Site (transactional sites of www.giftstomorrow.co.uk and www.lanyardstomorrow.co.uk) may require an Account in order to access them.
4.2 You should not create an Account if you are under 18 years of age. If you are under 18 years of age and wish to use the parts of Our Site that require an Account, your parent or guardian should create the Account for you and you should only use the Account with their supervision. Please note that consumers may only purchase Goods through Our Site that are rated for those of 18 years or older (if applicable) if they are at least 18 years of age. In purchasing such a product (if applicable), you are confirming you are at least 18 years of age.
4.3 When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.
4.4 We recommend that you choose a strong password for your Account, consisting of a combination of lowercase and uppercase letters, numbers, and symbols. It is your responsibility to keep your password safe. We will not be liable for any unauthorised use of your Account.
4.5 You must not use anyone else’s Account.
4.6 Any personal information provided in your Account will be collected, used, and held in accordance with your rights and Our obligations under the law, as set out in Clause 15.
4.7 If you wish to close your Account, you may do so at any time. Closing your Account will result in the removal of your information. Closing your Account will also remove access to any areas of Our Site requiring an Account for access.
Should you decide you no longer wish to have an account, please e-mail [email protected] confirming whether you wish to cancel your account with Gifts Tomorrow ™ or Lanyards Tomorrow ®. Should you wish to cancel accounts on both of Our Sites (transactional sites), an e-mail should be sent to [email protected] confirming this and arrangements will be made for the removal.

5. Intellectual Property Rights
5.1 All Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties. All rights are reserved.
5.2 Subject to sub-Clauses 5.3 and 5.6 you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Site unless given express written permission to do so by Us.
5.3 You may:
5.3.1 Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);
5.3.2 Print pages from Our Site;
5.3.3 Download extracts from pages on Our Site; and
5.3.4 Save pages from Our Site for later and/or offline viewing.
5.4 Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.
5.5 You may not use any Content saved or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so. This does not prohibit the normal access, viewing and use of Our Site for general information purposes whether by business users or consumers.
5.6 Nothing in these Terms and Conditions limits or excludes the provisions of Chapter III of the Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; the making of personal copies for private use; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.

6. User Content
6.1 There is no User Content on Our Site. Items involving Users such as product reviews are arranged via third parties.

7. Links to Our Site
7.1 You may link to Our Site provided that:
7.1.1 You do so in a fair and legal manner;
7.1.2 You do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
7.1.3 You do not use any logos or trademarks displayed on Our Site without Our express written permission; and
7.1.4 You do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
7.2 Framing or embedding of Our Site on other websites is not permitted without Our express written permission.
7.3 You may not link to Our Site from any other site the main content of which contains material that:
7.3.1 Is sexually explicit;
7.3.2 Is obscene, deliberately offensive, hateful or otherwise inflammatory;
7.3.3 Promotes violence;
7.3.4 Promotes or assists in any form of unlawful activity;
7.3.5 Discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
7.3.6 Is designed or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
7.3.7 Is calculated or is otherwise likely to deceive another person;
7.3.8 Is designed or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
7.3.9 Misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 6.3);
7.3.10 Implies any form of affiliation with Us where none exists;
7.3.11 Infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trademarks and database rights) of any other party; or
7.3.12 Is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
7.4 The content restrictions in sub-Clause 7.3 do not apply to content submitted to sites by other users provided that the primary purpose of the site accords with the provisions of sub-Clause 7.3. You are not, for example, prohibited from posting links on general-purpose social networking sites merely because another user may post such content. You are, however, prohibited from posting links on websites which focus on or encourage the submission of such content from users.

8. Links to Other Sites
8.1 Links to other sites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third-party sites. The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.

9. Disclaimers
9.1 Nothing on Our Site constitutes advice on which you should rely. It is provided for general information purposes only.
9.2 Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure. If, as a result of Our failure to exercise reasonable care and skill, any digital content from Our Site damages your device or other digital content belonging to you, you may be entitled to certain legal remedies. For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.
9.3 We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date. Please note that this exception does not apply to information concerning goods for sale through Our Site. Please refer to Our ecommerce Sale of Goods Policy for more information.
9.4 We are not responsible for the content or accuracy, or for any opinions, views, or values expressed in product reviews. Any such opinions, views, or values are those of the relevant User and do not necessarily reflect Our opinions, views, or values in any way.

10. Our Liability
10.1 The provisions of this Clause 10 apply only to the use of Our Site and not to the sale of goods, which is governed separately by Our ecommerce Sale of Goods policy.
10.2 To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content included on Our Site.
10.3 To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content included on Our Site.
10.4 We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware. However, subject to sub-Clause 9.2, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content from it) or any other site referred to on Our Site.
10.5 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
10.6 Nothing in these Terms of Use excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

11. Viruses, Malware and Security
11.1 We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.
11.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
11.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
11.4 You must not attempt to gain unauthorised access to any part of Our Site or any servers, computers, or databases connected to Our Site.
11.5 You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
11.6 By breaching the provisions of sub-Clauses 11.3 to 11.5 you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.

12. Acceptable Usage Policy
12.1 You may only use Our Site in a manner that is lawful. Specifically:
12.1.1 You must ensure that you comply fully with any and all local, national or international laws and/or regulations;
12.1.2 You must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
12.1.3 You must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
12.1.4 You must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
12.2 We reserve the right to suspend or terminate your access to Our Site if you materially breach the provisions of this Clause 12 or any of the other provisions of these Terms and Conditions. Specifically, We may take one or more of the following actions:
12.2.1 Suspend, whether temporarily or permanently, your right to access Our Site;
12.2.2 Issue you with a written warning;
12.2.3 Take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
12.2.4 Take further legal action against you as appropriate;
12.2.5 Disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
12.2.6 Any other actions which We deem reasonably appropriate (and lawful).
12.3 We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms and Conditions.

13. Privacy and Cookies
13.1 Use of Our Site is also governed by Our Website Privacy & Cookies: Business to Customer Policy, available on our Site.

14. Contact Details
14.1 If you wish to contact Us, you may e-mail [email protected], telephone +44 (0)1462 682020, or contact us by post at Unit 5, Business Centre East, Fifth Avenue, Letchworth Garden City, Herts, SG6 2TS.

15. How We Use Your Personal Information (Data Protection)
15.1 All personal information that We may collect (including, but not limited to, your name, address and telephone number) will be collected, used and held in accordance with the provisions of the UK-GDPR and your rights under that Regulation.
15.2 We may use your personal information to:
15.2.1 Provide Our Goods and services to you; and
15.2.2 Process your Order (including payment) for the Goods.
15.3 Please refer to the CKB Ltd ® Data Protection Policy available on Our Site.

16. Law and Jurisdiction
16.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
16.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 16.1 above takes away or reduces your rights as a consumer to rely on those provisions.
16.3 If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
16.4 If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.

17. Changes to Our Site & these Terms and Conditions
17.1 We may alter these Terms and Conditions or Our Site at any time. Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented. You are therefore advised to check this page from time to time.
17.2 In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
17.3 We may transfer (assign) Our obligations and rights under these Terms of Use to a third party (this may happen, for example, if We sell Our business). Your rights under these Terms of Use will not be affected and Our obligations under these Terms of Use will be transferred to the third party who will remain bound by them.

18. Implementation of Policy
This Policy shall be deemed effective as of 1st December 2023. No part of this policy shall have retroactive effect and shall thus apply only to matters occurring on or after this date.

V10 Website Terms & Conditions: E-commerce Sale of Goods - effective date 1st December 2023