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Terms and Conditions

Overview

  1. In accordance with the following terms and conditions, Matthew Hutton (“MH”) author and copyright owner grants to you as authorised user (referred to as “you”) of the Website certain rights and permissions, as set out below, and in return you agree to abide by these terms and conditions.
  2. You undertake to read these terms and conditions carefully and each time you use the Website you agree to be bound by the terms and conditions. These terms and conditions should be read in accordance with our Privacy Policy. You agree to be bound by the Privacy Policy on each occasion you use the Website.
  3. These terms and conditions are applicable to all users on the Website. If you do not agree to the terms and conditions of use of the Yourlastgift book.com site, MH does not allow you to use the site or to access it: please exit the site forthwith and DO not access the Website or use the service in the future.

Refund Policy

  1. MH provides no refunds for any E-book purchases. The purchase from Amazon of a paper copy of the Book (whether hardback or paperback) will attract the refund policy of Amazon, if any.

Information Collection and Use

  1. Your personal details (your name, address and e-mail address) are held and used by MH for the following purposes:

– Order Fulfilment;

– Website Performance; and

– Visitor Traffic Analysis.

The Data Protection Act 1998

  1. The information that you give MH, is termed “personal data” under the Data Protection Act 1998. MH must therefore follow the principles set out in that Act when he processes your personal data. All the personal data that he obtains from you is held on his central in-house database. Yourlastgift book.com is a “data controller” for the purposes of the Data Protection Act 1998.

Please note that clicking on to links on the Website may result in you transferring to another website, where data privacy practices may be different from that of Yourlastgiftbook.com. Visitors should review the other websites’ privacy policies, as MH has no control over what happens to information that is submitted to or collected by these third parties.

Copyright Notice

  1. All information incorporated within the Website is © Matthew Hutton, except that the copyright in the Cartoons is held by Oliver Grant.

The Website has been created for and on behalf of Matthew Hutton.   Unauthorised use of any material on the Website or within the Book is prohibited.

General Services

  1. Any intellectual property, ideas concepts, techniques, software, design, logos or imagery that is obtained or executed by you will remain at all times the exclusive property of MH.
  2. MH shall be entitled at any time to make changes to the services offered by the Website, without prior notification to you, in order to satisfy any security or statutory requirements and shall at all times be entitled to determine the manner in which the services are provided.
  3. MH will not be responsible for any failure to provide the services or for the unavailability of the site as a result of any circumstances that are beyond his control and you understand that all fees will still be payable in such circumstances.
  4. You are entitled to view, copy, print, access and download the content of the Website (for the purposes defined within these terms and conditions) for your own non-commercial use, provided that you do not:

(a) remove any notices or statements relating to the ownership of copyright, or other intellectual property in the Website;

(b) modify, translate or change in any way any of the material on the Website; or

(c) lease, rent, loan or copy or transfer any rights in the material on the Website in any form to any person or entity without the prior written consent of MH.

User’s Responsibilities

  1. By agreeing to these terms and conditions, you are responsible for the security and use of

the Website or of any of the services provided by the Website. It is your responsibility to ensure that.  You agree not to allow or assist any other person without express written permission from MH, to access the website, using your account.

  1. You agree that you will not use the Website for:

(a)  sending, uploading, downloading or storing any abusive, offensive, indecent, defamatory or obscene material or in breach of any other person’s intellectual property rights or in breach of any obligation of confidentiality by which you are bound;

(b) transmitting on or through the site any material the content of which is illegal, or might constitute or encourage a criminal offence, violate any other persons rights or in any way give rise to liability or violate any law;

(c) sending, distributing or engaging in multiple unsolicited emails or messages (i.e. “spasms”, “flooding” or “spamming” style activities). You also agree not to post or transmit any material on or through the site containing any “virus”, “worm”, “data bomb”, logic bomb, “trojan horse” or any other similar matter which is intended or likely to damage the site or service or to cause any other user annoyance, inconvenience, or worry.  You specifically acknowledge that approaching any other users of the Website or service to join or become members of any other commercial online or offline service or organisation is expressly prohibited. While using the site and service you shall not restrict, affect, inhibit or otherwise limit any third party’s use of the service or site other than in accordance with normal operation and following these terms of use;

(d)  any purposes connected to any business, including sending any unsolicited advertisements or promotional material.

  1. You agree to indemnify MH against any costs, claims experiences or legal proceedings caused as a result of your use of the Website, the services or any advertising therein.
  2. All users of the Website who are required to comply with statutory law in order to trade within the United Kingdom. In particular, recruitment agencies by using the Website agree to abide by the Employment Agency and Business Act 1973 and Regulations.

MH’s Responsibilities

  1. MH shall endeavour at all times to take responsible steps to ensure that there are no breaches of security on the Website.
  2. MH accepts no liability or responsibility for any error, omission, technical inaccuracies or typographical errors, made on the Website either by himself or by any of its users.
  3. MH reserves the right, without notice to you, to remove any material from the Website or to suspend or alter the operation of the Website or any of the services contained therein at his sole discretion or for legal or technical reasons. MH will endeavour as far as possible to give you as much notice as possible, through the Website, if he is practically able to do so.
  4. Whilst MH commits to providing you with as much accurate and truthful material as possible on the Website, you should not rely upon any such opinion or recommendation by Yourlastgift book.com of any goods and services available and professional advice should be sought before purchasing any item on the Website or before entering into any legally binding agreement.
  5. There are links to other sites available on the Website and whilst MH endeavours to make every effort to ensure that the information on this site is accurate and complete, some of the information is supplied to him by a third party and he is not therefore able to check the accuracy or completeness of such information. MH accepts no liability in respect of the contents of those sites.

Variation

  1. MH reserves the right to vary these terms and conditions in any way and at time, provided that he confirms such variation on the Website and given that before the date of such variation you are entitled to rely upon the detail of the terms and conditions in force at that time. Furthermore, MH reserves the right to withdraw and remove any material contained on the Website.
  2. These terms and conditions are effective until terminated by either you or MH, in either case on one calendar month’s notice and, if by MH, through the Website.

Disclaimer

  1. As is stated on page ii of the Book, MH has taken every care to ensure the accuracy of the Book. However, MH can accept no responsibility for loss or damage occasioned to any person acting or refraining from action as a result of any statement in the Book. Further, no material in the Book should be taken as constituting advice given to the reader, whether professional or otherwise.
  2. The Website is provided on an “as is” and “as available” basis and MH makes no express or implied warranties or representations in relation to it. This includes, without limitation, any implied warranties or representations of satisfactory quality, fitness for a particular purpose, availability, completeness or accuracy.
  3. MH shall accept no responsibility for any loss or damage arising from, or in any way connected with, your use of the site or any information contained or derived from it (even when he has been advised of the possibility of such loss or damage). This includes, without limitation, any damage for loss of profits, loss of information, loss of an opportunity, wasted expenditure or any other monetary loss.
  4. MH shall not take responsibility for the availability or content of any external sites or resources to which the Website has hyperlinks and might not endorse or approve of any material on sites linked from or to this site. Any reference made by the site to any specific or non-specific commercial product, process or service (or the provider of such) by trade name, hyperlink or trademark, does not denote any endorsement or recommendation by yourlastgiftbook.com. The content on the site may be provided by third parties and other users. Any statements, services, offers, opinions and advice expressed or made available by third parties (including without limitation information providers, users and others) are those of the respective distributor, publisher or author and may not be taken for those of MH.
  5. MH shall not be liable for any loss or damage arising from, or in any way connected with, any non-provision of all or any part of the service or site, including without limitation any failure of performance, error, omission, interruption, deletion, delay in operation or transmission, defect, communication line failure, wireless application protocol (WAP) failure, theft or destruction or unauthorised access to, alteration of or use of record, MH does not make any representation that the Website or its servers will remain available to you or are free from viruses or other harmful components.
  6. Neither MH nor any of his employees, agents, affiliates, content or service providers shall be liable to you or to any third party for any damages, whether indirect, direct, incidental, special or consequential (including without limitation any loss of data, profit, contract, opportunity or wasted expenditure) arising out of use of the service or the Website or an inability to gain access to the service or site or any breach of warranty pertaining to the service or site.
  7. MH shall not be held liable for any loss or damage arising from any event or act beyond his reasonable control, including without limitation, war, civil disturbance or act of God.

Jurisdictional Issues

  1. These terms and conditions, and your use of the Website, shall be governed by and construed in accordance with English Law. MH and you agree to submit to the exclusive jurisdiction of the courts of England and Wales.
  2. The materials on the Web site are, unless expressly specified, offered for use within the United Kingdom of Great Britain and Northern Ireland. Those who choose to access any material within the Website from any other location do so on their own initiative and at their own risk and are responsible for determining the usability of the materials on the site.
  3. Where MH expresses an understanding of law or practice, it is with reference to the law or practice of England and Wales and as at 1 November 2022.

Other

  1. You agree and accept that, regardless of any statute or law to the contrary, any claim or cause of action brought by you arising from your usage of the service, site or terms and conditions must be filed within one year after the claim or cause of action arose or be for ever barred.
  2. These terms and conditions constitute the entire agreement between you and MH relating to your use of the Website. This agreement and the terms contained within it shall not be modified, except as provided for within it or in writing, signed by both parties.