Terms & Conditions of Use
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE. BY ACCESSING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT USE THE SITE.
‘You’ or ‘your’ means you, the Licensee, as a person, an individual or a person acting on behalf of a company who reads and/or by their actions agrees to be bound by these terms. Seb Lester reserves the right to change the information, products, services, prices, and promotions, if any, at any time, in its sole discretion.
Seb Lester reserves the right to change these Terms, and provide notice of such change by posting the revised Terms on the Site. Your continued use of the Site indicates your acceptance of the changes and Terms. Seb Lester reserves the right to seek all remedies available by law and/or equity for any violation of the Terms. Any rights not expressly granted herein are reserved by the Seb Lester. Seb Lester reserves the right to limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction it elects, in Seb Lester’s sole discretion.
If you are using this Site on behalf of a corporation or other entity, you represent and warrant that you are authorised to accept these Terms on behalf of the entity. You are not permitted to purchase our products if you are under 18 years of age and, if under 18, you may only purchase with the consent and supervision of a parent, legal guardian.
2. Terms Applicable to Companies
The following terms and conditions apply specifically to any corporation or other business entity that is subject to these Terms: (i) you agree to require each of your employees to be bound by these Terms, and (ii) you agree to remain responsible and liable for all acts and omissions of your employees in connection with the Site, including any breach of the Terms. All references to your access and/or use of the Site herein include access and/or use of the Site by your employees.
4. Registration; User Names and Passwords
You may be required to register with Seb Lester Limited in order to access the website. Seb Lester may refuse to grant you, and you may not use, a user name (or email address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that is an improper or illegal attempt to hide or alter your identity; or that Seb Lester rejects for any reason in its sole discretion. Your user name and password are for your personal use only and not for use by any other person even if used in a company setting. You are responsible for maintaining the confidentiality of any password you may use to access such Site, and agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to the Site, to any third party. You are fully responsible for all interaction with the Site that occurs in connection with your password or user name. Seb Lester is not liable for any loss or damage arising from the failure to secure your password.
5. Proprietary Rights
The information, photographs and materials made available through the Site, is and shall remain the property of the Seb Lester, its subsidiaries, affiliates and licensors and are protected by copyright, trademark, patent, and/or rights and laws. You may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, rent, lease, modify, loan, sell, distribute, or create derivative works based (whether in whole or in part) of Site, or any information from a Site, in whole or in part, without the express prior written authorisation of Seb Lester Limited. No trademark, logo, graphic, sound, or image from a Site may be copied or retransmitted without the written permission of Seb Lester. Nothing herein or on the Site should be construed as granting, in any manner whatsoever, any license or right to use any of Seb Lester’s or its affiliates’ or suppliers’ trade names, trademarks or service marks without Seb Lester’s express written consent.
6. Disclaimer of Warranties
THE SEB LESTER AND/OR ITS RESPECTIVE SUBSIDIARIES, AFFILIATES AND LICENSORS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SITE, THE PRODUCTS OR SERVICES CONTAINED OR SHOWN ON THE SITE OR THE ACCURACY, SUITABILITY OF THE INFORMATION CONTAINED IN THE MATERIALS, CONTENT, DOCUMENTS, AND RELATED GRAPHICS PUBLISHED ON THIS SITE FOR ANY PURPOSE. THE SITE, AND ANY PRODUCTS OR SERVICES SECURED THROUGH THE SITE, AND ALL SUCH INFORMATION, CONTENT, DOCUMENTS, AND RELATED GRAPHICS ARE PROVIDED FOR YOUR USE AT YOUR OWN RISK AND ARE ‘AS IS’ WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND. SEB LESTER AND/OR ITS RESPECTIVE SUBSIDIARIES, AFFILIATES AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS SITE, SUCH PRODUCTS AND SERVICES AND SUCH INFORMATION, CONTENT, DOCUMENTS, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
7. Limitation of Liability
IN NO EVENT SHALL SEB LESTER AND/OR ITS RESPECTIVE SUBSIDIARIES, AFFILIATES AND LICENSORS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES BE LIABLE FOR ANY SPECIAL, INDIRECT, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF A SITE, OR UNAUTHORISED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, WHETHER IN AN ACTION OF EQUITY, CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE, ANY PRODUCTS AND SERVICES AVAILABLE THROUGH A SITE, ANY PRODUCT, INFORMATION, CONTENT, DOCUMENTS, RELATED GRAPHICS, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. IN PARTICULAR, AND WITHOUT LIMITATION, SEB LESTER AND/OR ITS RESPECTIVE SUBSIDIARIES, AFFILIATES AND LICENSORS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE A SITE OR FROM ANY PRODUCT AND/OR OTHER CONTENT POSTED ON THE SITE BY SEB LESTER OR ANY THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE MAXIMUM LIABILITY OF THE SEB LESTER FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO SEB LESTER TO ACCESS AND USE A SITE.
THE SEB LESTER SITE, THE PRODUCTS AND SERVICES AVAILABLE THROUGH THE SITE AND THE INFORMATION, CONTENT, DOCUMENTS, AND RELATED GRAPHICS PUBLISHED ON THE SITE MAY INCLUDE TECHNICAL INACCURACIES, ERRORS, OR OMISSIONS. CHANGES MAY BE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SEB LESTER MAY MAKE IMPROVEMENTS AND/OR CHANGES IN ANY SITE, THE PRODUCTS, SERVICES AND INFORMATION ON THE SITE AT ANY TIME.
NOTHING IN THIS SECTION 7 SHALL LIMIT SEB LESTER’S LIABILITY TO YOU FOR ANY LIABILITY WHICH CANNOT BE EXCLUDED BY APPLICABLE LAWS.
SOME OF THE LINKS ON THE SITE MAY REDIRECT YOU OR ALLOW YOU TO LEAVE THE SITE. THE LINKED WEBSITES ARE NOT UNDER THE CONTROL OF SEB LESTER AND SEB LESTER IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY OTHER WEBSITE. SEB LESTER MAKES NO ENDORSEMENT OF ANY OTHER WEBSITE.
9. Rules of Conduct
While using a Site you agree to comply with all applicable laws, rules and regulations. In addition, Seb Lester expects users of our Sites to respect the rights and dignity of others. Your use of the Site is conditioned on your compliance with the rules of conduct set forth in this section; any failure to comply may also result in termination of your access to a Site. You agree that you will not post, transmit, or otherwise make available, through or in connection with any Site:
(i) any threatening, harassing, degrading or hateful; (ii) defamatory; (iii) fraudulent or tortious; (iv) obscene, indecent or otherwise objectionable; or (v) protected by copyright, trademark or other proprietary right without the express prior consent of the owner of such right.
Any material that encourages or promotes criminal or civil liability or that encourages conduct that may be criminal in nature.
Any virus, worm, Trojan horse or other computer code, file, or program that is harmful or invasive to computer equipment or that is intended to damage or hijack the operation of any hardware or software.
Any unsolicited or unauthorised advertising, promotional materials, ‘junk mail,’ ‘spam,’ ‘chain letter,’ ‘pyramid scheme’ or the offering of any investment opportunity.
Use the Site for fraudulent or unlawful purpose.
Harvest or collect personal information about other users of any Site.
Impersonate any person or entity, including any representative of Seb Lester or its affiliates; falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that Seb Lester endorses any statement you make.
Interfere with or disrupt the operation of the Site or the servers or networks used to make a Site available; or violate any requirements, procedures, policies or regulations of such networks.
Restrict or inhibit any other person from using the Site (including by hacking or defacing any portion of a Site).
Use the Site to advertise or offer to sell or buy any goods or services without Seb Lester’s written consent.
Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site (including any content, product, service and other materials available through the Site).
Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site (including any content and other materials available through the Site.
Remove any copyright, trademark or other proprietary rights notice from the Site or content and other materials originating from the Site.
Frame or mirror any part of a Site without Seb Lester’s express prior written consent.
Create a database by systematically downloading and storing all or any Site content.
Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, ‘scrape,’ ‘data mine’ or in any way reproduce or circumvent the navigational structure or presentation of the Site, without Seb Lester’s express prior, written consent.
By uploading, emailing, posting, publishing or otherwise transmitting content to the Site any Forum or Comments section hosted by the site or submitting any content Seb Lester (each, a ‘Submission’), you acknowledge that such Submission is non-confidential and automatically grant (or warrant that the owner of such rights has expressly granted) Seb Lester a perpetual, royalty-free, fully paid-up, irrevocable, nonexclusive, sublicenseable right and license to use, reproduce, modify, adapt, publish, perform and display (whether publicly or otherwise), transmit and distribute such Submission in any form, medium, or technology now known or later developed. You further represent and warrant that all moral rights under copyright law in the content are and were waived by the act of submission. You further represent and warrant that you have all rights necessary for you to grant the licenses granted in this section, and that such Submission, and your provision thereof to and through the Site, comply with all applicable laws, rules and regulations.
You acknowledge and agree that Seb Lester may (i) monitor Submissions as well as access to the Site; (ii) alter, remove, or refuse to post or allow to be posted any Submission; and/or (iii) disclose any Submissions, and the circumstances surrounding their transmission, to any third party in order to operate the Site; take any action to comply with legal obligations or governmental requests; to enforce these Terms; or for any other reason or purpose.
You agree that Seb Lester may, in its sole discretion, at any time for any reason or no reason, terminate your access to any Site if Seb Lester believes that you have violated or acted inconsistently with these Terms. Upon termination, your right to use the Site will immediately cease. You agree that any termination of your access to or use of the Site may be effected without prior notice. You agree that Seb Lester, its affiliates and licensors, and their respective employees, officers, directors, shareholders, affiliates, agents, representatives, suppliers or licensees shall not be liable to you or any third party for any termination of your access to any Site.
13. Governing Law and Forum
If you are in the U.S.A., You agree that this agreement shall be construed under the laws of England and Wales with respect to contracts entered into and wholly performed therein and with respect to its conflict of laws provisions or the conflict of laws provisions of any other jurisdiction and to the non-exclusive jurisdiction of the state and federal courts located in the State of New York, for any action or proceeding arising out of or related to these Terms and you hereby waive any defenses arising out of the selection of law, jurisdiction or forum selected for the resolution of any dispute. The United Nations Convention on the International Sale of Goods is specifically excluded from these Terms. If you are a citizen of a European Union country, you agree that any disputes arising under or in connection with these Terms shall be governed by and construed in accordance with the laws of England and Wales, without regarding to applicable conflict of law provisions. Nothing herein shall be deemed to constitute consent by Seb Lester to the jurisdiction of any court or other forum of any country for the purpose of resolving any dispute hereunder.
14. Claims of Copyright Infringement
The Digital Millennium Copyright Act of 1998 (the ‘DMCA’) in the USA and the laws of other countries provide notification provisions for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. and other law. If you believe in good faith that materials on a forum or comments section or the materials, content or products made available on the Seb Lester site infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked.
Seb Lester respects your right to privacy. Protecting the security and privacy of your personal information is important to us. We understand that as a visitor to the Seb Lester Site, you prefer to control your own personal information preferences and we give you the option to do so.
We may ask you to register or provide personal information and preferences when you visit certain areas of the Site, when you request information, purchase products. When you provide Seb Lester Limited with your personal information we may use this information to alert you to n news, new goods and services and other information related to Seb Lester and our products and services. If you do not wish to be contacted by Seb Lester you may ‘opt-out’ of this preference at any time.
Your web browser automatically tells us the type of computer and operating system you’re using. Like most standard Web site servers, our Site may use and place cookies on your computer.
When you do provide us with personal data, we may use your information to respond to your inquiry, process your order or provide you access to specific information, goods or offers. We do not sell or otherwise market your personal data to third parties.
We collect, use or disclose personal information supplied by you for the purpose(s) of facilitating the transmission of information or goods to you. Notwithstanding, we may use your personal information: (i) for any additional purpose that is directly related to the original, including sharing such personal information with a third party vendor if you purchased a product supplied by that third party vendor from one the Seb Lester site, (ii) when it is necessary to prepare, negotiate and perform a contract with you, (iii) when it is required by law or the competent governmental or judicial authorities, (iv) when it is necessary to establish or preserve a legal claim or defense, or (v) when it is necessary to prevent fraud or other illegal activities.
Seb Lester uses commercially reasonable efforts to try to protect the personal information that you share with us. We may hire other companies to provide limited services on our behalf and we provide only that information necessary needed to provide their services and they are prohibited from using such information for any other purpose.
The Seb Lester website may contain links to other Sites. Seb Lester shall not be and assumes no responsibility for the content or the privacy policies and practices of other websites. You should review the terms, conditions and privacy policies of other websites.
Notification of Changes