1. Place of performance and applicable law
Peripheral Vision is a company registered in England. Unless otherwise specified, the materials on this site are directed solely at those who access this site from the United Kingdom mainland. Peripheral Vision makes no representation that any product referred to in the materials on this site is appropriate for use, or available, in other locations. Those who choose to access this site from other locations are responsible for compliance with local laws if and to the extent local laws are applicable. English law shall govern this Agreement. You and we each submit to the exclusive jurisdiction of the English courts in relation to disputes arising out of this Agreement. If any provision of this Agreement shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
2.1 Peripheral Vision has taken reasonable care in the preparation of the content of this site. However, to the extent permitted by applicable law, Peripheral Vision disclaims all warranties (express or implied) as to the accuracy of the information contained in any of the materials on this site.
2.2 Peripheral Vision shall not be liable to any person for any loss or damage, which may arise from the use of any of the information contained in any of the materials on this site.
2.3 Certain links in this site (typically a banner advert or icon) will lead to sites which are not under the control of Peripheral Vision. When you activate any of these you will leave the Peripheral Vision site and Peripheral Vision has no control over and will accept no responsibility or liability for the material on any site which is not under the control of Peripheral Vision.
3. Limitation of Liability
3.1 You agree that Peripheral Vision shall not be liable either in contract, tort, negligence, statutory duty or otherwise, for any:
3.1.1 loss of profits, revenue or goodwill or any type of consequential, indirect or special loss or damage whatever arising from or in any way connected with this Agreement;
3.1.2 direct loss or damage (including loss or damage which is reasonably foreseeable or occurs naturally in the course of things) resulting from any acts, omissions, failures or delays occurring on or in relation to those parts of the Internet not under Peripheral Vision's direct control including, without limitation, damage for loss of business, loss of sales, non payment of sums due, loss of profits, business interruption, loss of reputation, loss of business information, or any other pecuniary loss (even where Peripheral Vision has been advised of the possiblity of such loss or damage).
3.2 You also agree that (except in relation to such liability as has been expressly excluded in clause 3.1 above) the maximum aggregate of liability of Peripheral Vision in contract, tort, negligence, statutory duty or otherwise (even where Peripheral Vision has been advised of the possibility of such loss or damage), for any loss or damage whatever arising from or in any way connected with:
3.2.1 any defect in a product;
3.2.2 any failure by Peripheral Vision to process signals, data, information, orders or messages correctly or in a timely manner;
3.2.3 any misrouting or non-delivery of signals, data information, messages or orders from you to other persons or from other persons to you, or any scrambling or distortion of data or information contained in them; and
3.2.4 any liability not excluded by this Agreement shall, in respect of any one or more events or series or events (whether connected or unconnected) taking place within any twelve month period be limited, in the case of defects falling within clause 3.2.1, to the price of the relevant goods and otherwise to £50. This limit shall also apply in the event that any exclusion or other provision contained in this Agreement is held to be invalid for any reason and Peripheral Vision becomes liable for loss or damage that could otherwise have been limited.
3.3 You agree and acknowledge that you are in a better position than Peripheral Vision to foresee and evaluate any potential damage or loss that you may suffer in connection with the goods and services provided by Peripheral Vision, and therefore that Peripheral Vision cannot adequately insure in respect of such liability. You warrant to Peripheral Vision that you will insure against, or bear yourself, any loss for which Peripheral Vision has excluded liablity.
3.4 Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations of liability set out in this clause 5 may not apply to you.
3.5 In particular, nothing in this Agreement shall affect the statutory rights of any consumer or exclude or restrict any liability for death or personal injury arising from the negligence or fraud of Peripheral Vision.
Save to the extent that it falls within the provisions of clause 5, you shall indemnify Peripheral Vision and any third party (including its sub-contractors) from and against any liability, losses, rights, expenses, loss of profits, business interruption, consequential loss, pecuniary loss, claims or legal proceedings, including, but not limited to claims involving defamation and intellectual property infringement, and expenses, including legal fees, arising from your use of the Peripheral Vision site or purchase of goods and/or services from that site which are brought or threatened against Peripheral Vision or suffered or incurred by Peripheral Vision by another person or entity.
Delivery times quoted are estimates only, and Peripheral Vision shall not be liable for any delays caused except to the extent caused wilfully or negligently by Peripheral Vision.
All designs, text, graphics and their selection and arrangement on this site are the copyright of Peripheral Vision or its content providers or third party suppliers. As a visitor to the Peripheral Vision site you are licensed to copy electronically or to print portions of this site for your own personal, non-commercial use. Any other use of materials on this site without Peripheral Vision's prior written consent is strictly prohibited.
7.1 Intellectual property rights in any software or any other copyrighted materials ("Software") and supporting documentation supplied by us to you remain our property or that of our licensors.
7.2 Without our written consent and without affecting any applicable statutory rights under the Copyright (Computer Program) Regulations 1992 (as amended, supplemented or replaced from time to time) you shall not and shall not permit any other person to:
7.2.1 disassemble, reverse engineer, decompile or in any other way interfere with the Software;
7.2.2 copy or modify the Software; or
7.2.3 create any new Software partly or wholly based on the Software.
7.3 Subject to the terms of this Agreement, you are licensed to use the Software and associated documentation non-exclusively, but only for the purposes identified on the site in relation to the Software.
7.4 You must not transfer, assign or sub-license your right to use the Software or attempt to do so.
8. Typographical and Pricing Errors
In the event a product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, we shall have the right to refuse to meet or to cancel any orders placed for that product or service whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we shall immediately issue a credit to your credit card account in the amount of the charge.
9. Matters Beyond our Reasonable Control
Peripheral Vision shall not be held liable for any breach of this Agreement caused by circumstances out of its control including, but not limited to, Acts of God, fire, lightening, or extremely severe weather, explosion, war, disorder, flood, industrial disputes (whether or not involving our employees), acts or omissions of Internet services providers or acts of local or central Government or other competent authorities.
In the event of conflict or inconsistency between the terms of the English language version of this Agreement and any translation provided by us, the English language version shall prevail.
In the event that any term of this Agreement is held to be invalid or unenforceable by judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable.