Terms & Conditions
These Terms and Conditions ("Terms") govern www.babarelephant.co.uk ("the Website"). Please read these Terms and ensure that you have understood them. If you do not agree to these Terms, please cease use of the Website immediately.

  1. Definitions
    1. "Login" means any method of registration accepted by Babar Lancaster which enables a User to have access to certain elements of the Website from time to time made available to such Users;
    2. "User" means any person who visits or uses the Website;
    3. "User Submission" means any feedback, link, comment or other material of whatever nature that is submitted by a User to appear on the Website.

  2. Babar Lancaster Website
    1. The Website is developed and managed by ClickCart. All information supplied on the Website is managed by ClickCart;
    2. You can contact us by emailing info@clickcart.com

  3. Use of the Website
    1. By visiting the Website you warrant that you have the right, authority and capacity to enter into and be bound by these Terms and that you agree to be bound by these Terms forthwith.
    2. In the event that Babar Lancaster, in its sole discretion, considers that you are making any illegal and/or unauthorised use of the Website, and/or your use of the Website is in breach of these Terms, Babar Lancaster reserves the right to take any action that it deems necessary, including terminating without notice your use of the Website and, in the case of illegal use, instigating legal proceedings.
    3. Babar Lancaster may suspend the Website at any time and for any reason whatsoever, including but not limited to repairs, planned maintenance or upgrades, and shall not be liable to you for any such suspension.
    4. Babar Lancaster reserves the right to make any changes to the Website or to discontinue any aspect or feature of the Website without notice to Users.
    5. These Terms governed the use of the Website by unregistered Users. Such Users may not use the Website or any part thereof in connection with any commercial venture, other than as expressly permitted under these Terms or under other terms agreed in writing by Babar Lancaster.

  4. User Registration and User Submissions
    1. In order to sign up the Website's newsletter, you will be required to register your email address.
    2. You can sign up to our newsletter through submitting their email address at any of the sign up boxes featured throughout the Website or via our User Registration page. By providing your email address you agree to receive regular newsletter emails from Babar Lancaster.
    3. You can unsubscribe from receiving our newsletter by clicking the 'Unsubscribe' link featured within each of our newsletters. Alternatively, recipients can edit their personal information or manage newsletter subscriptions by updating their information within their user profile.
    4. Regardless of whether you register your details with Babar Lancaster or not, any User who feels that any User Submission made by another User is objectionable is encouraged to contact us by email at info@babarelephant.co.uk. Babar Lancaster will review the relevant message as soon as is practicable and will take such action as it deems necessary, if any.
    5. Please refer to our Privacy Policy for more information on how your details are used.

  5. Term and Termination
    1. These Terms will remain in full force and effect while you are an unregistered User of the Website.
    2. Babar Lancaster may, at any time and for any reason, terminate these Terms with you and deny you access to the Website.
    3. In the event of termination of these Terms for any reason, you must not attempt to use the Website.
    4. Sections 4 to 9 inclusive shall survive termination of these Terms for any reason, and shall be valid and enforceable against you.

  6. Babar Lancaster Intellectual Property
    1. Other than in relation to links to third party websites, Babar Lancaster owns or has a licence to use all right, title and interest in and to the Website, including without limitation all copyright and any other intellectual property rights therein. Some of the content is produced in whole or in part under licence from, and based in whole or in part from, copyright material of the listed merchant. These Terms shall not be construed to convey title to or ownership of the Website or the data contained therein to any User. All rights in and to the Website not expressly granted to Users are reserved by Babar Lancaster.
    2. You are granted a non-transferable, non-exclusive, royalty-free, revocable licence to view and print the content of the Website for your personal use only.
    3. You are expressly prohibited from:
      1. Reproducing, copying, editing, transmitting, uploading or incorporating into any other materials or Website(s); and
      2. Removing, modifying, altering or using any registered or unregistered marks/logos owned by Babar Lancaster, and doing anything which may be seen to take unfair advantage of the reputation and goodwill of Babar Lancaster or could be considered an infringement any of the intellectual property rights owned and/or licensed to Babar Lancaster, without first obtaining the written permission of Babar Lancaster.

  7. Warranties and Liabilities
    1. Babar Lancaster provides Users with access to the Website free of charge and, to the maximum extent permitted by law, Babar Lancaster shall not be liable for any loss, injury or damage of whatever kind caused in whole or in part by use of the Website or the information provided therein, or by any failure, delay, interruption or otherwise of the provision of the Website or the information provided therein, or by Babar Lancaster's failure to perform any of its obligations under these Terms.
    2. In no event shall Babar Lancaster be liable for any special, indirect, incidental or consequential damages, including loss of profits and goodwill, business or business benefit.
    3. The information provided on the Website by Babar Lancaster is intended as information only and does not constitute advice. Therefore, it must not be relied on to assist in making or refraining from making a decision, or to assist in deciding on a course of action.
    4. Where the Website or any User Submission includes views, opinions, advice and recommendations, these views, opinions, advice and recommendations are not endorsed by Babar Lancaster and, to the maximum extent permitted by law, Babar Lancaster shall not be liable on account of the accuracy, defamatory nature, completeness, timeliness or otherwise of such views, opinions, advice and recommendations.
    5. The material on the Website is provided "as is", without any conditions, warranties or other terms of any kind.
    6. To the maximum extent permitted by law, Babar Lancaster expressly excludes all representations, warranties, obligations and liabilities in connection with the Website or other third party websites, and the information provided therein.
    7. Links to third party websites and companies may appear on the Website. Such third party websites are not the responsibility of Babar Lancaster and Babar Lancaster accepts no responsibility for the availability, suitability, reliability or content of such third party websites and does not necessarily endorse the views expressed within them.

  8. Data Protection and Privacy Policy
    1. Babar Lancaster is committed to protecting (i) the privacy of Users; and (ii) the confidentiality of the information provided to it by Users using the Website. However, Babar Lancaster is not able to control the use by third parties of any information appearing on the Website.
    2. Babar Lancaster reserves the right to gather information relating to use of the Website. By using the Website you consent to collection and use of this information by Babar Lancaster in accordance with our Data Protection and Privacy Policy.

  9. Marketing & Promotion
    1. When you signup with us, you are automatically added to our newsletter and promotions list. You can opt out of this anytime by going into your account settings.
    2. We will never sell, distribute or share your information to any third parties - we promise!.

  10. General
    1. You may print and keep a copy of these Terms, which form the entire agreement between you and Babar Lancaster and supersede any other communications or advertising with respect to the Website.
    2. These Terms may only be modified with the prior written consent of Babar Lancaster. Babar Lancaster may alter or amend these Terms at any time, with immediate effect and without notice. By continuing to use the Website after such alteration, you will be deemed to have accepted any amendment to these Terms.
    3. These Terms and their performance shall be governed by and construed in accordance with the laws of England and Wales and the parties hereby submit to the exclusive jurisdiction of the courts of England and Wales.
    4. You shall comply with all foreign and local laws and regulations which apply to your Use of the Website in whatever country you are physically located, including without limitation, consumer law, export control laws and regulations.
    5. You agree that because of the unique nature of the Website and Babar Lancaster's proprietary rights therein, a demonstrated breach of these Terms by you would irreparably harm Babar Lancaster and monetary damages would be inadequate compensation. Therefore, you agree that Babar Lancaster shall be entitled to preliminary and permanent injunctive relief, as determined by any court of competent jurisdiction to enforce the provisions of these Terms.
    6. If any provision of these Terms is declared void, illegal, or unenforceable, the remainder of these Terms will be valid and enforceable to the extent permitted by applicable law. In such event, the parties agree to use their best efforts to replace the invalid or unenforceable provision by a provision that, to the extent permitted by the applicable law, achieves the purposes intended under the invalid or unenforceable provision.
    7. Any failure by any party to these Terms to enforce at any time any term or condition under these Terms will not be considered a waiver of that party's right thereafter to enforce each and every term and condition of these Terms.
    8. Neither party will be responsible for delays resulting from circumstances beyond the reasonable control of such party, provided that the nonperforming party uses reasonable efforts to avoid or remove such causes of non-performance and continues performance hereunder with reasonable dispatch whenever such causes are removed.
    9. Nothing in these Terms shall give, directly or indirectly, any third party any enforceable benefit or any right of action against Babar Lancaster and such third parties shall not be entitled to enforce any term of these Terms against Babar Lancaster.
    10. If you feel that any materials appearing on the Website are offensive, objectionable or potentially defamatory please contact Babar Lancaster by way of our contact page providing full details of the nature of your complaint.