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Terms and Conditions

BACKGROUND:

These Terms and Conditions, together with any and all other documents referred to herein, set out the terms of use under which you may use this website, http://silab.com (“Our Site”).  Please read these Terms and Conditions carefully and ensure that you understand them.  You will be required to read and accept these Terms and Conditions when signing up for an Account.  You must be at least 18 years old to use Our Site. If you are not at least 18 years old you must stop using Our Site immediately. If you do not agree to comply with and be bound by these Terms and Conditions, you must stop using Our Site immediately.

1. Definitions and Interpretation

1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

“Account”
means an account required for a User to access certain areas of Our Site, as detailed in Clause 4;

“Advertiser”
means a User that posts a Paid Ad on Our Site;

“Ad Confirmation”
means Our acceptance and confirmation of your purchase of a Paid Ad;

“Ad ID”
means the reference number for your Paid Ad;

“Content”
means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;

“Contract”
means a contract for the purchase of a Paid Ad, as explained in Clauses 15 to 24;

“Paid Ad”
means a premium advertisement posted on Our Site by an Advertiser, in exchange for a fee, providing details of the item or service offered by the Advertiser;

“Post”
means a post created by a User in a Blog on Our Site;

“User”
means a user of Our Site; and

“We/Us/Our”
means DR JILLIAN NEY LIMITED, a company incorporated in Scotland (Registered Number SC456623) and having its Registered Office at C/o, 1 Murraythwaite Mill Cottages, Dalton, Lockerbie, Dumfriesshire, DG11 1AT;

2. Information About Us

2.1 Our Site is owned and operated by Us.

2.2 For communications purposes we use noysi www.noysi.com/ We do not own or operate noysi. By agreeing to these terms and conditions you agree to strictly adhere at all times to noysi terms and conditions of use from time to time in force (currently available https://noysi.com/site-en/terms)

You will indemnify us and hold us harmless against any action, claim, demand or loss incurred by Us by your breach of Slack’s™ terms and conditions of use.

3. Access to Our Site

3.1 Access to certain parts of Our Site is free of charge, access to some parts of Our Site require payment of a subscription. Our Site will advise you of which parts require payment to access.

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.

4. Accounts

4.1 Certain parts of Our Site (including the ability to create Blogs and Posts) may require an Account in order to access them.

4.2 You may not create an Account if you are under 18 years of age.  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.

4.3 We require 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.  You must not share your Account with anyone else.  If you believe your Account is being used without your permission, please contact Us immediately at community@silab.com We will not be liable for any unauthorised use of your Account.

4.4 You must not use anyone else’s Account without the express permission of the User to whom the Account belongs.

4.5 Any personal information provided in your Account will be collected, used, and held in accordance with your rights and Our obligations under the Data Protection Act 1998 and the General Data Protection Regulations – Regulation (EU) 2016/679, as set out in Clauses 28 and 29.

4.6 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.

4.7 If you close your Account, any Blogs or Posts you have created on Our Site will be deleted.  Any Comments you have made on other Users’ Blogs or Posts will also be deleted or at Our discretion be anonymised by removing your user name and avatar.

5. Accounts and Subscription Fees

5.1 Some features of the Service require the payment of a Membership Fee.  Membership Fees are detailed https://thesilab.com/membership-fees.  Your credit / debit card will be billed at the time at which you sign up for such features and annually thereafter for a minimum contract period of one year and automatically renewing on a yearly basis until cancellation or termination.

5.2 No part of this Website constitutes a contractual offer capable of acceptance.  Your signing up for the Services constitutes a contractual offer that We may, at Our sole discretion, accept.  Our acceptance is indicated by Us sending to you a confirmation email.  Only once We have sent you an order confirmation will there be a binding contract between Us and you.

5.3 Confirmation emails under sub-Clause 5.2 shall contain the following information:

    1.      5.3.1 Confirmation of the Services and features ordered including full details of the main characteristics of those features;
    2.      5.3.2 Fully itemised pricing for the Services ordered including, where appropriate, taxes and any other additional charges;
    3.      5.3.3 A confirmation of your express request that the Services are made available to you immediately and that this will constitute a waiver of your                statutory right to cancel as detailed below in sub-Clause 5.6; and

5.4 Your first payment will be at the price advertised on the Website.  We reserve the right to change Membership Fees from time to time and any such changes may affect your recurring Subscription Fees:

    1.      5.4.1 increases in price will be reflected in your recurring Subscription Fees; and
    2.      5.4.2 decreases in price will not be reflected in your recurring Subscription Fees.

5.5 Services requiring a Subscription Fee will be made available to you immediately upon Our confirmation of your signing up.  When completing the order process you will be required to expressly acknowledge that you wish the Services to be made available immediately.  You will also be required to expressly acknowledge that by doing so, you will lose your statutory right (if any) to cancel your contract with Us as detailed below in sub-Clause 5.6.

5.6 If you are a consumer based in the European Union, you have a statutory right to a “cooling-off” period with respect to the purchase of certain goods and services.  This period, if applicable, begins once the contract between the seller and you, the buyer, is formed and ends at the end of 14 calendar days after that date.  Under normal circumstances, premium features requiring the payment of Subscription Fees on this Website are made available immediately upon Our confirmation of your order for them.  As set out in sub-Clause 5.3.3, by expressly requesting this, you waive your right to the cooling-off period and may not cancel the contract merely because you have changed your mind.

5.7 If you are a business customer, these Terms of Sale constitute the entire agreement between Us and you with respect to your purchase of Paid Ads from Us.  You acknowledge that you have not relied upon any statement, representation, warranty, assurance, or promise made by or on behalf of Us that is not set out in these Terms of Sale and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based upon any statement herein.

5.8 If you terminate a User Site and/or your Account, your User Site(s) will be taken down immediately and you will not be rebilled after the year term of your membership ends.

5.9 All payments for Subscription Fees due under these Terms and Conditions must be made using a valid debit or credit card via Our chosen payment partner, stripe.  Payments made via stripe are subject to stripe’s own terms and conditions of service and We make no representations or warranties with respect to their services.

5.10 Any and all monies are due for payment on completion of the order or on the dates, or intervals specified in that order as may be appropriate, unless alternative arrangements are agreed between the You and Us.

5.11 Interest will be charged on all outstanding sums on a daily basis, at 5% above the base rate of the Bank of England obtaining at the time.

6. Services, Pricing and Availability

6.1 Whilst every effort has been made to ensure that all descriptions of Services available from Us correspond to the actual Services, We are not responsible for any variations from these descriptions.  This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Services, not different Services altogether.

6.2 Where appropriate, you may be required to select the required package Services.

6.3 We do not represent or warrant that such Services will be available.  Availability indications are not provided on the Website.

6.4 All pricing information on the Website is correct at the time of going online.  We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.

6.5 In the event that prices are changed during the period between an order being placed for Services and We processing that order and taking payment, provision of Services shall commence as per your order and you will be charged the original price.

6.6 All prices on the Website do not include VAT.  Our VAT number is 262741211.

7. Provision of Services

7.1 Provision of Services shall commence when full payment has been received or as otherwise detailed in the Terms & Conditions pertaining directly to those Services.

7.2 Provision of all Services shall be subject to the Terms and Conditions pertaining directly to those Services.

7.3 In the event that Services are provided that are not in conformity with your order and thus incorrect, you should contact us within 10 days to inform us of the mistake.  We will ensure that any necessary corrections to the Services provided are made within 7 working days.

7.4 We reserve the right to exercise discretion with respect to any alterations to Services under the provisions of this Clause 7.  Factors which may be taken into account in the exercise of this discretion include, but are not limited to:

    1.      7.4.1 Any use or enjoyment that you may have already derived from the Services;
    2.      7.4.2 Any characteristics of the Services which may mean that cessation of provision is impossible without significant further work on the part and                at Our expense.

Such discretion to be exercised only within the confines of the law.

8. Intellectual Property Rights

8.1 With the exception of the content of Blogs and Posts (see Clause 9), all Content 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 (including the content of Blogs and Posts) is protected by applicable United Kingdom and international intellectual property laws and treaties.

8.2 Subject to the licence granted to Us under sub-Clause 8.4, Users retain the ownership of copyright and other intellectual property rights subsisting in the content of their Blogs, Posts and Comments (unless any part of that content is owned by a third party who has given their express permission for their material to be used). 

8.3 For personal use (including research and private study) only, you may:

    1.      8.3.1 Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);
    2.      8.3.2 Download Our Site (or any part of it) for caching;
    3.      8.3.3 Print one copy of any pages from Our Site;
    4.      8.3.3 Download, copy, clip, print, or otherwise save extracts from pages on Our Site;
    5.      8.3.4 Save pages from Our Site for later and/or offline viewing; and
    6.      8.3.5 View and use other Users’ Blogs, Posts and Comments in accordance with Clause 10.

8.4 You may not use any Content (including Blogs, Posts and Comments) downloaded, copied, clipped, printed or otherwise saved from Our Site for commercial purposes without first obtaining a licence to do so from Us, our licensors, or from the relevant User, as appropriate.  This does not prohibit the normal access, viewing and use of Our Site for general information purposes whether by business users or consumers.

8.5 You may not systematically copy Content from Our Site with a view to creating or compiling any form of comprehensive collection, compilation, directory, or database unless given Our express permission to do so.

8.6 Subject to sub-Clauses 8.3 and 8.7 and Clause 9 (governing Blogs, Posts and Comments) you may not otherwise reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content or any other material from Our Site unless given express written permission to do so.  For further information, please contact Us at community@silab.com.

8.7 Our status as the owner and author of the content on Our Site (or that of identified licensors or Users, as appropriate) must always be acknowledged.

8.8 Nothing in these Terms and Conditions limits or excludes the fair dealing 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; 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.

9. Blogs, Posts and Comments

9.1 An Account is required if you wish to create a Blog, submit Posts, and/or Comment on other Users’ Blogs and Posts.  Please refer to Clause 4 for more information.

9.2 You agree that you will be solely responsible for your Blog(s) and Posts and for any Comments you make anywhere on Our Site.  Specifically, you agree, represent and warrant that you have the right to use the content that you submit and that your Blog(s), Posts, or Comments comply with Our Acceptable Usage Policy, detailed below in Clause 11.

9.3 You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub-Clause 9.2.  You will be responsible for any loss or damage suffered by Us as a result of such breach.

9.4 You (or your licensors, as appropriate) retain ownership of the content of your Blog(s), Posts and Comments, and all intellectual property rights subsisting therein.  When you create a Blog, Post, or Comment you grant Us an unconditional, non-exclusive, fully transferable, royalty-free, perpetual, irrevocable, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence the content of your Blog, Post or Comment for the purposes of operating or promoting Our Site.

9.5 If you wish to remove a Blog or Post, you may do so at https://thesilab.com/remove-content.  The Blog or Post in question will be deleted from Our Site , however due to the functionality of Our Site, any re tweets, re blogs/ posts of your content will remain.  Removing a Blog or Post does not revoke the licence granted to Us to use that Blog or Post under sub-Clause 9.4.  Please note that caching or references to your Blog or Post may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Our reasonable control).

9.6 If you wish to remove a Comment, you may do so at https://thesilab.com/remove-content.  The Comment in question will be deleted.  Removing a Comment will not revoke the licence granted to Us to use that Comment under sub-Clause 9.4. Please note, however, that caching or references to your Comment may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Our reasonable control).

9.7 We may reject, reclassify, or remove any Blogs, Posts or Comments from Our Site where their content, in Our sole opinion, violates Our Acceptable Usage Policy, or if We receive a complaint from a third party and determine that the Blog, Post or Comment in question should be removed as a result.

10. Intellectual Property Rights and Use of Other Users’ Blogs, Posts and Comments

10.1 The content of Blogs, Posts, and Comments on Our Site and the copyright and other intellectual property rights subsisting therein, unless specifically labelled otherwise, belongs to or has been licensed by the User identified along with the Blog, Post, or Comment in question.  All such content is protected by applicable United Kingdom and international intellectual property laws and treaties.

10.2 You may copy and share (reblog) parts of other Users’ Posts and Comments within Our Site, provided that the original User is credited.  Our system does this automatically.  If you wish to re-use another User’s content in any other way, you must contact the User directly and obtain their express permission to do so.

10.3 Nothing in these Terms and Conditions limits or excludes the fair dealing provisions of Chapter III of the Copyright, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; 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.

  1. 11. Acceptable Usage Policy

11.1 You may only use Our Site (including, but not limited to, the creation of Blogs, Posts, Paid Ads and Comments) in a manner that is lawful and that complies with the provisions of this Clause 11.  Specifically:

    1.      11.1.1 you must ensure that you comply fully with any and all applicable local, national and international laws and/or regulations;
    2.      11.1.2 you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
    3.      11.1.3 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
    4.      11.1.4 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.

11.2 When creating Blogs, Posts, or Comments (or communicating in any other way using Our Site), you must not post, communicate, or otherwise do anything that:

    1.      11.2.1 is sexually explicit;
    2.      11.2.2 is obscene, deliberately offensive, hateful or otherwise inflammatory;
    3.      11.2.3 promotes violence;
    4.      11.2.4 promotes or assists in any form of unlawful activity;
    5.      11.2.5 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;
    6.      11.2.6 is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
    7.      11.2.7 is calculated or is otherwise likely to deceive;
    8.      11.2.8 infringes any data protection or privacy laws;
    9.      11.2.9 breaches the terms of noysi or any other third-party provider’s terms of use;
    10.      11.2.10 is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to  privacy;
    11.      11.2.11 misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious             parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 11.2);
    12.      11.2.12 implies any form of affiliation with Us where none exists;
    13.      11.2.13 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade marks and database rights) of any other party; or
    14.      11.2.14 is in breach of any legal duty owed to a third party including, but not limited to, contractual  duties and duties of confidence.
    15.      11.2.15 Attempts to use Our site and community as a means to explicitly sell products or services without purchasing a partnership package and                seeking our approval.

11.3 We reserve the right to suspend or terminate your Account and/or your access to Our Site at any time without cause if you materially breach the provisions of this Clause 11 or any of the other provisions of these Terms and Conditions.  Specifically, We may take one or more of the following actions:

    1.      11.3.1 suspend, whether temporarily or permanently, your Account and/or your right to access Our Site;
    2.      11.3.2 remove any content submitted by you that violates this Acceptable Usage Policy;
    3.      11.3.3 issue you with a written warning;
    4.      11.3.4 take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
    5.      11.3.5 take further legal action against you as appropriate;
    6.      11.3.6 disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
    7.      11.3.7 any other actions that We deem reasonably appropriate (and lawful).

11.4 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.

12. Links to Our Site

12.1 You may link to Our Site provided that:

    1.       12.1.1 you do so in a fair and legal manner;
    2.       12.1.2 you do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
    3.       12.1.3 you do not use any logos or trade marks displayed on Our Site without Our express written permission; and
    4.       12.1.4 you do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.


You may not link to Our Site from any other site the content of which contains material that:

          1.       12.1.5 is sexually explicit;
          2.       12.1.6 is obscene, deliberately offensive, hateful, or otherwise inflammatory;
          3.       12.1.7 promotes violence;
          4.       12.1.8 promotes or assists in any form of unlawful activity;
          5.       12.1.9 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;
          6.       12.1.10 is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
          7.       12.1.11 is calculated or is otherwise likely to deceive another person;
          8.       12.1.12 infringes any data protection or privacy laws;
          9.       12.1.13 breaches the terms of noysi or any other third-party provider’s terms of use;
          10.       12.1.14 is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
          11.       12.1.15 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 12.4);
          12.       12.1.16 implies any form of affiliation with Us where none exists;
          13.       12.1.17 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
          14.       12.1.18 is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

12.2 The content restrictions in sub-Clause 12.4 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 12.4.  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.

13. Links to Other Sites

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.

14. Advertising

14.1 We may feature advertising on Our Site and We reserve the right to display advertising on your Blog.

14.2 You agree that you will not attempt to remove or hide any advertising using HTML/CSS or by any other method.

14.3 We are not responsible for the content of any advertising on Our Site. Each advertiser is responsible for the content of their own advertising material.  We will not be responsible for any advertising on Our Site including, but not limited to, any errors, inaccuracies, or omissions.

PAID ADVERTISING

This section comprising Clauses 15 to 24 deals with how to arrange to place a paid advertisement on Our Site.

15. Paid Ads, Pricing and Availability

15.1 We may from time to time change Our pricing.  Changes in price will not affect any Paid Ad that you have already purchased but will apply to any subsequent renewal of a Paid Ad or a new Paid Ad.  We will inform you of any change in price at least 14 days before the change is due to take effect.  If you do not agree to such a change, you may cancel the Contract as described in sub-Clause 21.

15.2 We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. All pricing information is reviewed and updated every six months.  Changes in price will not affect any order for a Paid Ad that you have already placed (please note sub-Clause 15.5 regarding VAT, however).

15.3 All prices are checked by Us before We accept your order for a Paid Ad.  In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform you of the mistake.  If the correct price is lower than that shown when you made your order, We will simply charge you the lower amount and continue processing your order.  If the correct price is higher, We will give you the option to purchase the Paid Ad at the correct price or to cancel your order.  We will not proceed with processing your order in this case until you respond.  If We do not receive a response from you within 7 days, We will treat your order as cancelled and notify you of this in writing.

15.4 If We discover an error in the price of your Paid Ad after your order is processed, We will inform you immediately and make all reasonable efforts to correct the error.  You may, however, have the right to cancel the Contract if this happens.  If We inform you of such an error and you do wish to cancel the Contract, please refer to sub-Clause 22.4.

15.5 Prices on Our Site are shown exclusive of VAT.  If the VAT rate changes between your order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.

16. Orders – How Contracts Are Formed

16.1 Our Site will guide you through the process of purchasing a Paid Ad.  Before completing your order, you will be given the opportunity to review it and amend it.  Please ensure that you have checked your order carefully before submitting it.

16.2 If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible.  If We are unable to process your order due to incorrect or incomplete information, We will contact you to ask to correct it.  If you do not give Us the accurate or complete information within a reasonable time of Our request, We will cancel your order and treat the Contract as being at an end.  We will not be responsible for any delay in the completion of the transaction or in the appearance of your Paid Ad on Our Site that results from you providing incorrect or incomplete information.

16.3 No part of Our Site constitutes a contractual offer capable of acceptance.  Your order to purchase a Paid Ad constitutes a contractual offer that We may, at Our sole discretion, accept.  Our acknowledgement of receipt of your order does not mean that We have accepted it.  Our acceptance is indicated by Us sending you an Ad Confirmation by email.  Only once We have sent you an Ad Confirmation will there be a legally binding Contract between Us and you.

16.4 Ad Confirmations shall contain the following information:

  1.       a) Your Ad ID;
  2.       b) Confirmation of the Paid Ad purchased including full details of the main characteristics of Our services and the details included in your Paid Ad;
  3.       c) Fully itemised pricing for your Paid Ad including, where appropriate, taxes, and other additional charges;
  4.       d) The period of time for which your Paid Ad will be available on Our Site (including the start date, and the expiry and renewal date);

16.5 In the unlikely event that We do not accept or cannot fulfil your order for any reason, We will explain why in writing.  No payment will be taken under normal circumstances.  If We have taken payment any such sums will be refunded to you.

16.6 Any refunds due under this Clause 16 will be issued to you as soon as possible, and in any event within 14 calendar days of the day on which the event triggering the refund occurs.

16.7 Refunds under this Clause 16 will be made using the same payment method that you used when purchasing your Paid Ad unless you specifically request that We make a refund using a different method.

17. Payment

17.1 Payment for Paid Ads must always be made in advance.  Your chosen payment method will be charged when We process your order and send you an Ad Confirmation not more than 7 days before each renewal date.

17.2 Payments due must be made in full, without any set-off, counterclaim, deduction, or withholding (except where any deduction or withholding of tax is required by law).

17.3 We accept the following methods of payment on Our Site:

  1.       a) Stipe Payments;
  2.       b) Direct Debits;
  3.       c) BACS;

17.4 If you do not make any payment due to Us on time, We will not make your Paid Ad available on Our Site or, in the case of a renewal, will suspend its availability on Our Site.  If you do not make payment within 7 days of Our reminder, We may cancel the Contract, and will inform you of the cancellation in writing.

17.5 If you believe that We have charged you an incorrect amount, please contact Us at partnerships@silab.com as soon as reasonably possible to let Us know.

18. Paid Ads

18.1 You agree that you will be solely responsible for your Paid Ad and its content.  We accept no responsibility for the content of Paid Ads.  Specifically, you agree, represent, and warrant that you have the right to submit the Paid Ad, that all the information in the Paid Ad is accurate and truthful, that all such information will be kept accurate and up-to-date, that no personal data will be included that you do not have the right to include, and that the Paid Ad will comply with Our Acceptable Usage Policy, detailed in Clauses 11 and 19.

18.2 You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub-Clause 18.1.  You will be responsible for any loss or damage suffered by Us as a result of such a breach.

18.3 You (or your licensors, as appropriate) retain ownership of the content of your Paid Ad and all intellectual property rights subsisting therein.  By submitting a Paid Ad, you grant Us an unconditional, non-exclusive, fully transferrable, royalty-free, perpetual, irrevocable, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform, and sub-licence that Paid Ad for the purposes of operating and promoting Our Site.

18.4 Your Paid Ad will be made available on Our Site immediately when We send you an Ad Confirmation and will continue to be available for the period stated in the Ad Confirmation (including any renewals), or until the Contract is otherwise ended.

18.5 In some limited circumstances, We may need to suspend the availability of Paid Ads for reasons including, but not limited to, fixing technical problems on Our Site.  If your Paid Ad is suspended for such reasons, We will inform you in advance of the suspension whenever possible, explaining why it is necessary. The availability of your Paid Ad will be extended by a period equivalent to the length of the suspension.  If the suspension lasts (or We tell you that it is going to last) for more than 14 days, you may end the Contract as described below in sub-Clause 21.

18.6 If you wish to remove your Paid Ad from Our Site, you may do so by contacting us on partnerships@silab.com Removing a Paid Ad also revokes the licence granted to Us to use that Paid Ad under sub-Clause 18.3.  Please note, however, that caching or references to your Paid Ad may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Our reasonable control).  Removing a Paid Ad before its expiry under this sub-Clause 18.6 will not entitle you to any refund, and you will remain free to reactivate your Paid Ad up until the expiry date. For details of other cancellation rights, please refer to Clauses 21 and 22.

18.7 We are not responsible for the content or accuracy of, or for any opinions, views, or values expressed in Paid Ads.  Any such opinions, views, or values are those of the relevant Advertiser, and do not reflect Our opinions, views, or values in any way.  We have no control over, nor any involvement in, Paid Ads, and We accept no responsibility for any actions taken, or for any products or services provided by, any Advertiser.

19. Acceptable Usage Policy

19.1 When submitting a Paid Ad, you must not submit or otherwise do anything that breaches the provisions and rules set out in our Acceptable Usage Policy at Clause 11 above.

19.2 Paid Ads for the following types of items and/or services may not be posted:

  1.       a) Alcohol;
  2.       b) Cigarettes
  3.       c) Sex
  4.       d) Competitor websites and services
  5.       e) Any other products, services and brands we do not feel represent our brand and our mission.

19.3 We reserve the right to suspend or terminate your Paid Ad and your access to Our Site if you materially breach the provisions of this Clause 19.  No refunds will be given in the event of such suspension or termination.  In addition, We may take one or more of the following actions:

  1.       a) issue you with a written warning;
  2.       b) take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
  3.       c) take further legal action against you as appropriate;
  4.       d) disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
  5.       e) any other actions which We deem reasonably appropriate (and lawful).

19.4 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 of Sale.

20. Problems with Our Service and Consumers’ Legal Rights

20.1 We will provide Our service to you with reasonable care and skill, consistent with good industry practices and standards in Our market, and in accordance with any and all information provided by Us about Our services and about Us.  We always use reasonable endeavours to ensure that Our services are trouble-free.  If, however, there is a problem with your Paid Ad or with any other aspect of Our services, please contact Us as soon as is reasonably possible via partnerships@silab.com.  We will use reasonable endeavours to remedy problems as quickly as is reasonably possible and practical.

20.2 If you are a consumer, you have certain legal rights if you purchase services and problems arise.  For full details of your legal rights and guidance on exercising them, it is recommended that you contact your local Citizens Advice Bureau or Trading Standards Office.

21. Ending the Contract

21.1 You may cancel the Contract and remove your Paid Ad at any time, however subject to sub-Clause 21.2 and Clause 22 (outlining your rights to cancel arising due to something done by Us), We cannot offer any refunds and you will remain free to reactivate your Paid Ad up until the renewal as applicable, whereupon the Contract will end.

21.2 If you purchase a Paid Ad by mistake (or allow your Paid Ad to renew by mistake), please inform Us within 2 working days and We will cancel the purchase, remove your Paid Ad, and issue a full refund.  If you do not inform Us within 2 working days, We will not be able to offer any refund and your Paid Ad will remain available (unless you remove it) until its expiry date.

21.3 Please note that consumers will not be eligible for a 14-day cancellation or “cooling-off” period as Our service (i.e. the hosting of your Paid Ad) begins immediately upon the formation of the Contract. You will be required to expressly acknowledge this during the order process.

21.4 Cancellation by email or by post is effective from the date on which you send Us your message. If you would prefer to contact Us directly to cancel, please use the following details:

Telephone: +44 (0) 141 465 7666;

Email: partnerships@silab.com;

Post: Tontine, 20 Trongate, First Floor, Glasgow G1 5ES;

In each case, providing Us with your name, address, email address, telephone number, and Ad ID.

21.5 We may ask you why you have chosen to cancel and may use any answers you provide to improve Our services, however please note that you are under no obligation to provide any details if you do not wish to.

21.6 Refunds under this Clause 21 will be issued to you as soon as possible, and in any event within 14 calendar days of the day on which you inform Us that you wish to cancel.

21.7 Refunds under this Clause 21 will be made using the same payment method that you used when purchasing your Paid Ad.

22. Ending the Contract Because of Something We Have Done (or Will Do)

22.1 You may end the Contract at any time if We have informed you of a forthcoming material change to Our services, or to these Terms of Sale that you do not agree to.  If the change is set to take effect or apply to you before the renewal date of your Paid Ad, We will issue you with a pro-rated refund equal to the time remaining on your Paid Ad.  If the change will not take effect or apply to you until the renewal date of your Paid Ad, the Contract will end on the renewal date and no refund will be due.

22.2 If We have suspended availability of your Paid Ad for more than 7 days, or We have informed you that We are going to suspend availability for more than 14 days, you may end the Contract immediately, as described in sub-Clause 22.5.  If you end the Contract for this reason, We will issue you with a refund for the time period the ad was suspended.

22.3 If an event outside of Our reasonable control occurs and continues for more than 14 days, you may end the Contract immediately.  See sub-Clause 22.2 for more information.  If you end the Contract for this reason, We will issue you with a refund for the time period the ad was suspended.

22.4 If We inform you of an error in the price of your Paid Ad and you wish to end the Contract as a result, you may end it immediately.  If you end the Contract for this reason, We will issue you with a full refund.

22.5 You also have a legal right to end the Contract at any time if We are in breach of it.  You may also be entitled to a full or partial refund and compensation. For details of your legal rights, if you are a consumer, please refer to your local Citizens Advice Bureau or Trading Standards Office.

22.6 If you would prefer to contact Us directly to cancel, please use the following details:

    1. Telephone: +44 (0) 141 465 7666;
    2. Email: partnerships@silab.com;
    3. Post: Tontine, 20 Trongate, First Floor, Glasgow G1 5ES;

In each case, providing Us with your name, address, email address, telephone number, and Ad ID.

22.7 We may ask you why you have chosen to cancel and may use any answers you provide to improve Our services, however please note that you are under no obligation to provide any details if you do not wish to.

22.8 Refunds under this Clause 22 will be issued to you as soon as possible, and in any event within 14 calendar days of the day on which you inform Us that you wish to cancel.

22.9 Refunds under this Clause 22 will be made using the same payment method that you used when purchasing your Paid Ad unless you specifically request that We make a refund using a different method.

23. Our Liability

23.1 If you are a consumer, We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms of Sale (or the Contract) or as a result of Our negligence.  Loss or Damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created.  We will not be responsible for any loss or damage that is not foreseeable.

23.2 If you are a business, subject to sub-Clause 23.4, We will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of business, interruption to business, for any loss of business opportunity, or for any indirect or consequential loss arising out of or in connection with any contract between you and Us.

23.3 If you are a business, subject to sub-Clause 23.4, Our total liability to you for all other losses arising out of or in connection with any contract between you and Us, whether in contract, delict (including negligence), breach of statutory duty, or otherwise, shall be the total amount of the sums paid by you under the contract in question.

23.4 Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents, or sub-contractors); for fraud or fraudulent misrepresentation; or for any other matter in respect of which liability cannot be excluded or restricted by law.

23.5 In particular, nothing in these Terms of Sale seeks to limit consumers’ legal rights.  If you are a consumer, more information about your legal rights can be obtained from your local Citizens Advice Bureau or Trading Standards Office.

24. Events Outside of Our Control (Force Majeure)

24.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control.  Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual, or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.

24.2 If any event described under this Clause 24 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:

  1.       a) We will inform you as soon as is reasonably possible;
  2.       b) We will take all reasonable steps to minimise the delay;
  3.       c) To the extent that We cannot minimise the delay, Our affected obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
  4.       d) We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability as necessary;
  5.       e) If the event outside of Our control continues for more than 14 days We will cancel the Contract and inform you of the cancellation.  Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within 14 calendar days of the date on which the Contract is cancelled and will be made using the same payment method that you used when purchasing your Paid Ad unless you specifically request that We make a refund using a different method;
  6.       f) If an event outside of Our control occurs and continues for more than 14 days and you wish to cancel the Contract as a result, you may do so as described in sub-Clause 22.3.

25. Disclaimers and Legal Rights

25.1 Nothing on Our Site constitutes advice on which you should rely.  It is provided for general information purposes only. 

25.2 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.

25.3 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, as a consumer 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.

25.4 We make reasonable efforts to ensure that Our 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.

25.5 We are not responsible for the content or accuracy, or for any opinions, views, or values expressed in any Blogs, Posts, or Comments submitted by Users.  Any such opinions, views, or values are those of the relevant User, and do not reflect Our opinions, views, or values in any way.

26. Our Liability

26.1 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 (whether that Content is provided by Us or contained in Blogs, Posts, or Comments created by Users) included on Our Site.

26.2 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 (including Blogs, Posts, or Comments created by Users) included on Our Site.

26.3 With the exception of Paid Advertising, Our Site is intended for non-commercial use only.  If you are a business user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.

26.4 We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware, however, subject to sub-Clause 26.3, 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 (including any provided in Blogs, Posts, or Comments) from it) or any other site referred to on Our Site.

26.5 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.

26.6 Nothing in these Terms and Conditions 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.

27. Viruses, Malware and Security

27.1 We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware including, but not limited to, the scanning of all Content uploaded to Our Site by Users for viruses and malware.

27.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.

27.3 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.

27.4 You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.

27.5 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.

27.6 By breaching the provisions of sub-Clauses 27.3 to 27.5 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 and, where applicable, your Account will be suspended and/or deleted.

28. Privacy and Cookies

Use of Our Site is also governed by Our Cookie and Privacy Policies, available from [insert link to Cookie Policy] and [insert link to Privacy Policy].  These policies are incorporated into these Terms and Conditions by this reference.

29. Data Protection

29.1 All personal information that We may collect (including, but not limited to, your name and contact details) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and the General Data Protection Regulations 2018 and your rights under and Our obligations under that Act and those Regulations.

29.2 We may use your personal information to:

    1.       29.2.1 Provide and administer your Account;
    2.       29.2.2 Reply to any communications you send to Us;
    3.       29.2.3 Send you important notices, as detailed in Clause 30;

29.3 We will not pass on your personal information to any third parties without first obtaining your express permission to do so.

30 Communications from Us

30.1 If you have an Account, We may from time to time send you important notices by email.  Such notices may relate to matters including, but not limited to, service changes, changes to these Terms and Conditions, and changes to your Account.

30.2 We will never send you marketing emails of any kind without your express consent.  If you do give such consent, you may opt out at any time.  Any and all marketing emails sent by Us include an unsubscribe link.  Email marketing options can also be changed at https://thesilab.com/email-preferences. If you opt out of receiving emails from Us at any time, it may take up to 10 business days for your new preferences to take effect.

30.3 For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us at hello@silab.com

31. Changes to these Terms and Conditions

31.1 We may alter these Terms and Conditions 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.

31.2 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.

32. Legal Rights and Disclaimers

32.1 We make no warranty or representation that the Website or the Service will be compatible with all systems, or that it will be secure.

32.2 Save for the discretionary screening and approval of Content as detailed in Clause 33.3, We shall have no responsibility for any actions taken, or any Content posted by any Users.

32.3 Whilst reasonable endeavours have been made to ensure that all information provided on this Website will be accurate and up to date, We make no warranty or representation that this is the case.  We make no guarantee of any specific results from the use of our services.

32.4 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.

32.5 We make no representation or warranty that any part of this Website is suitable for use in commercial situations or that it constitutes accurate data and / or advice on which business decisions can be based.

32.6 Whilst We exercise all reasonable skill and care to ensure that the Website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.

32.7 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.

33. Availability of the Website and Modifications

33.1 We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and state-mandated censorship.

33.2 We reserve the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, the Content available.  Where anything you have paid for is made unavailable and you are entitled to a refund as a result, We will inform you of the refund due and it will be paid within 14 days using the same method originally used by you.  These Terms and Conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.

33.3 We do not screen or pre-approve any Content submitted for publication (although you acknowledge that We may do so if We wish), however on notification from Users We may examine Content and such Content may be edited and/or taken down.

33.4 We may edit your Content to comply with the provisions of Clause 11 without prior consultation.  In cases of severe breaches of the provisions of Clause 11, your Content may be taken down and your Account may be suspended or terminated.  You will not be informed in writing of the reasons for such alterations or take downs.

34. Contacting Us

To contact Us, please email Us at hello@silab.com.   

35. Law and Jurisdiction

35.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, Scots law.

35.2 If you are a consumer, 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 jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

35.3 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 Scottish courts.