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Terms and conditions

 

1. Interpretation

1.1. Definitions:

1. Affiliate: in relation to a party, any entity that directly or indirectly controls, is controlled by, or is under common control with that party from time to time.

2. Applicable Laws: all applicable laws, statutes, regulations from time to time in force.

3. Business Day: a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.

4. Chapter: means Chapter Social Limited incorporated and registered in England and Wales with company number 16440189 whose registered office is at 47a Queen Street, Derby, United Kingdom, DE1 3DE.

5. Charges: the charges payable by the Client for the supply of the Services by Chapter, as set out in our Letter of Engagement.

6. Conditions: these terms and conditions set out in 1 to 10 (inclusive) and our Letter of Engagement.

7. Confidential Information: all information (however recorded or preserved) that one party discloses or makes available to the other party (recipient) in connection with the Contract and which would be regarded as confidential by a reasonable business person. It includes any information relating to the Charges or the operations, products or Clients of Chapter. It does not include information that is or becomes generally available to the public through no fault of the recipient; is independently developed by or for the recipient; or was, is or becomes available to the recipient on a non-confidential basis from a person who, to the recipient's knowledge, is under no confidentiality obligation with respect to that information.

8. Contract: the contract between the Client and Chapter for the supply of the Services comprising the Letter of Engagement, these Conditions and any Schedules specified within these Conditions.

9. Contract Details: means the details and information contained exclusively in the Letter of Engagement.

10. control: has the meaning given in section 1124 of the Corporation Tax Act 2010, and controls and controlled shall be interpreted accordingly.

11. Client: means a person, sole trader or entity addressed in the Letter of Engagement.

12. Client Materials: all documents, information, software, items and materials (whether owned by the Client or a third party), which are provided by the Client to Chapter in connection with the Services.

13. Deliverables: the deliverables to be provided by Chapter as specified in the Letter of Engagement and all other documents, products, and other materials developed by Chapter for the Client in the performance of the Services.

14. Effective Date: as set out in the Contract Details.

15. Intellectual Property Rights: patents, rights to inventions, copyright and neighbouring and related rights, moral rights, trademarks and service marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted renewals or extensions of, and rights to claim priority from, those rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

16. Letter of Engagement: the letter provided on or around the date of acceptance of Chapters proposal to the Client confirming the terms of the Contract.

17. Losses: all liabilities, damages, losses (including loss of profits, loss of business, loss of reputation, loss of savings and loss of opportunity), fines, expenses and costs (including all interest, penalties, legal costs (calculated on a full indemnity basis) and reasonable professional costs and expenses).

18. Project: means a fixed term where Chapter provides Services to the Client for a particular project.

19. Project Charges: means the Charges relating to the Project detailed in our Letter of Engagement.

20. Retail Price Index: means the retain price index published by the Office for National Statistics.

21. Retainer: means a long-term ongoing relationship between Chapter and the Client where Chapter provide ongoing services for a fixed monthly sum.

22. Retainer Charges: means the Charges relating to the Retainer detailed in our Letter of Engagement.

23. Services: the services to be provided by Chapter including the Deliverables, set out in the Letter of Engagement

1.2. Interpretation:

(a) A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).

(b) A reference to legislation or a legislative provision:

  • (i) is a reference to it as amended, extended or re-enacted from time to time; and

  • (ii)includes all subordinate legislation made from time to time under that legislation or legislative provision.

(c) Any words following the terms including, include, in particular, for example or any similar expression shall be interpreted as illustrative and shall not limit the sense of the words preceding those terms.

(d) A reference to writing or written excludes fax but not email.

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2. Term

2.1. The Contract is deemed to have started on the Effective Date and continues, unless terminated earlier in accordance with its terms, until the Client gives Chapter not less than 3 months' notice to terminate in writing.

2.2. Chapter may terminate this Contract at any time without notice. 

 

3. Supply of services

3.1 Chapter shall supply the Services to the Client from the Effective Date in accordance with the Contract in all material respects.

3.2. In supplying the Services, Chapter shall:

(a) perform the Services with reasonable care and skill in accordance with the generally recognised standards and practices in its industry;

(b) use reasonable endeavours to meet any performance dates specified in the Contract but these dates are estimates only. Time is not of the essence for the performance of any of Chapter's obligations in the Contract.

 

4. Client's obligations

4.1. The Client shall: 

(a) co-operate with Chapter in all matters relating to the Services and ensure that its other suppliers co-operate with Chapter where reasonably necessary;

(b) provide Chapter and its subcontractors, in a timely manner, with access to the Client's premises and other facilities as required by Chapter for the performance of the Services;

(c) provide Chapter, in a timely manner, with all information and materials as Chapter may require to provide the Services and ensure that they are accurate and complete; and

(d) comply with all Applicable Laws in its performance of the Contract.

4.2. To the extent that Chapter's performance of its obligations under the Contract is prevented or delayed by any act or omission of the Client or any of its agents, consultants or other suppliers (Excusing Cause), Chapter shall not be in breach of the Contract nor liable for any Losses incurred by the Client as a result of its performance being prevented or delayed. Without prejudice to any other right or remedy it may have, Chapter shall be: 

(a) allowed an extension of time to perform its obligations equal to the delay caused by the Excusing Cause;

(b) entitled to payment of the Charges despite its performance being prevented or delayed; and

(c) entitled to recover any Losses, including additional costs, incurred as a result of the Excusing Cause.

 

5. Data protection 

5.1. Each party shall comply with its data protection obligations.

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6. Intellectual property

6.1. Chapter and its licensors shall retain ownership of all Intellectual Property Rights in the Deliverables, excluding any Client Materials contained within them.

6.2. Subject to Chapter receiving payment of all Charges, Chapter grants to the Client a non-exclusive, royalty-free, non-transferable (except in accordance with 10.2), licence during the term of the Contract to use, the Deliverables for the purpose of receiving and using the Services and Deliverables in the Client's business. 

6.3. The Client acknowledges that Chapter may need to include materials belonging to third parties which cannot be licensed on the terms of 6.2 (Third Party Materials) within the Deliverables. Chapter shall grant to the Client a licence (at the Client's cost) to use any Third Party Materials included in the Deliverables on the terms permitted by the third party. The Client shall comply with the terms (including any usage restrictions) that apply to the Third Party Materials and which have been provided to the Client in writing. Chapter's liability in relation to Third Party Materials shall be limited to the liability accepted by the third party under the relevant licence agreement. 

6.4. The Client and its licensors shall retain ownership of all Intellectual Property Rights in the Client Materials. The Client grants Chapter a non-exclusive, royalty-free licence to use, copy and modify the Client Materials during the term of the Contract for the purpose of providing the Services to the Client. Chapter may grant sublicences of the Client Materials to its subcontractors and other suppliers where necessary for the performance of the Services.

6.5. The Client shall indemnify Chapter against all Losses incurred by Chapter as a result of any claim that the supply, receipt or use of the Client Materials infringes the Intellectual Property Rights of any third party. The Client shall not be liable under this indemnity to the extent that the actual or alleged infringement arises from the use of the Client Materials for a purpose or in a manner not authorised by the Client.

 

7. Charges and payment

7.1. In consideration for the provision of the Services, the Client shall pay Chapter the Charges in accordance with this 7. 

7.2. The Client shall reimburse Chapter for the following expenses and costs which are excluded from the Charges:

(a) the cost of hotel, subsistence, travelling and any other ancillary expenses reasonably incurred by Chapter's personnel in connection with the Services (Expenses), provided that Chapter obtains the Client's prior written approval before incurring any individual expense item exceeding £200; and

(b) the cost to Chapter of any materials or services procured by Chapter from third parties for the provision of the Services (Third Party Costs) plus any handling charge referred to in our Letter of Engagement.

7.3. All sums payable by the Client exclude amounts in respect of value added tax (VAT). The Client shall, on receipt of a valid VAT invoice from Chapter, pay to Chapter any additional amounts in respect of VAT as are chargeable on those sums. 

7.4. Chapter shall invoice the Client for the Retainer Charges at the start of each month for Services to be performed in that month.

7.5. Chapter shall invoice the Client for the Project Charge upon completion of the services.

7.6. Chapter shall invoice the Client monthly in arrears for Expenses and Third Party Costs. Chapter shall provide invoices or receipts for Expenses and Third Party Costs if requested by the Client. Any such invoices or receipts must be requested within 14 days of receiving notice of the claimed Expenses.

7.7. The Client shall pay each invoice submitted to it by Chapter within 30 days of the invoice date to a bank account nominated in writing by Chapter unless otherwise specified in the Letter of Engagement.

7.8. Without prejudice to any other right or remedy that Chapter may have, if the Client fails to pay any sum due to Chapter under the Contract by the due date:

(a) the Client shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause will accrue each day at 8% a year above the Bank of England's base rate from time to time, but at 8% a year for any period when that base rate is below 0%; and

(b) Chapter may suspend all or part of the Services until payment has been made in full. 

7.9. All amounts due under the Contract from the Client to Chapter shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law). 

7.10. All amounts outstanding to Chapter by the Client shall become immediately due and payable on termination of this Contract for any reason.

7.11. Should the Client dispute any invoice or Expense, it must do so in writing within 14 days of receipt. If no dispute is raised within 14 days, any such invoice or Expense shall be deemed undisputed and will be payable in full. 

7.12. Chapter may, at any time and at Chapters sole discretion, increase the Charges in line with the applicable Retail Price Index published the Office for National Statistics over the preceding twelve-month period. These increases will be communicated to you, by Chapter in writing, prior to the increased Charge taking effect.

 

8. Limitation of liability

8.1. The following definitions apply in this 8:

(a) contract year: each 12-month period starting on the Effective Date or an anniversary of it;

(b) default: any act or omission resulting in one party incurring liability to the other; and

(c) liability: every kind of liability arising under or in connection with the Contract including liability in contract, tort (including negligence) or otherwise.

8.2. Nothing in the Contract limits or excludes:

(a) liability for deliberate default;

(b) liability for death or personal injury caused by negligence to the extent preserved by section 2(1) of the Unfair Contract Terms Act 1977;

(c) liability for fraud or fraudulent misrepresentation;

(d) liability for breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982;

(e) any liability that cannot legally be limited;

(f) the Client's liability for its payment obligations under the Contract; or

(g) liability under the indemnities in 6. 

8.3. Subject to 8.2, Chapter's total liability shall not exceed 100% of the Charges paid to Chapter under the Contract.

8.4. Subject to 8.2, Chapter shall not have any liability for any direct, indirect or consequential loss including but not limited to:

(a) loss of profits (including loss of anticipated savings); 

(b) loss of business or business opportunity;

(c) loss of use or corruption of software, data or information; or

(d) loss of or damage to goodwill.

8.5. Subject to 8.2, all conditions, warranties, representations or other terms that might otherwise be implied into this Contract by statute, common law or otherwise are excluded from the Contract.

8.6. Unless a party notifies the other party that it intends to make a claim within the notice period, the other party shall have no liability for that claim. The notice period shall start on the day on which the party wishing to make a claim became, or ought reasonably to have become, aware of its having grounds to make a claim and shall expire 6 months from that date. The notice must be in writing and must identify the grounds for the claim in reasonable detail.

8.7. Chapter make no representations, warranties or guarantees that any social media post or Service shall generate any particular volume of calls, business opportunities, or any particular profit or revenue.

 

9. Termination

9.1. Without affecting any other right or remedy available to it, either party to the Contract may terminate it with immediate effect by notifying the other party if:

(a) the other party commits a material breach of any term of the Contract which: 

  • (i) Chapter believe is not capable of remedy; or

  • (ii) if capable of remedy, is not remedied within a period of 30 days by the other party after being notified to do so; 

(b) the other party takes or has taken against it (other than in relation to a solvent restructuring) any step or action towards its entering bankruptcy, administration, provisional liquidation or any composition or arrangement with its creditors, applying to court for or obtaining a moratorium under Part A1 of the Insolvency Act 1986, being wound up (whether voluntarily or by order of the court), being struck off the register of companies, having a receiver appointed to any of its assets or its entering a procedure in any jurisdiction with a similar effect to a procedure listed in this 9.1(b)];

(c) the other party suspends or ceases, or threatens to suspend or cease, carrying on all or a substantial part of its business; or

(d) the other party's financial position deteriorates so far as to reasonably justify the opinion that its ability to give effect to the terms of the Contract is in jeopardy.

9.2. Without affecting any other right or remedy available to it, Chapter may terminate the Contract with immediate effect by notifying the Client if the Client fails to pay:

(a) any amount due under the Contract on the due date for payment and remains in default not less than 5 Business Days after being notified to make that payment; or

(b) irrespective of whether the amounts due are paid; any amounts due under the Contract by the due date for payment on 2 or more occasions in any 3-month period.

9.3. On termination of the Contract for whatever reason, the Client shall immediately pay to Chapter all of Chapter's outstanding unpaid invoices and interest and, where no invoice has been submitted for Services supplied, Chapter may submit an invoice, which shall be payable in accordance with 7.7.

9.4. Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination of the Contract shall remain in full force and effect.

9.5. Termination of the Contract shall not affect any of the rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination.

 

10. General

10.1. Force majeure. Save for the Client making payment of any invoice or expense, neither party shall be liable for any delay or failure in performing any of its obligations for so long as and to the extent that the delay or failure results from events, circumstances or causes beyond its reasonable control. 

10.2 Assignment and other dealings.

(a) the Client shall not assign, novate, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights and obligations under the Contract without the prior written consent of Chapter.

(b) Chapter may at any time assign, novate, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights and obligations under the Contract, provided that it gives prior written notice to the Client.

10.3. Confidentiality.

(a) Each party undertakes that it shall not at any time during the Contract and for a period of two years after termination of the Contract, disclose to any person any Confidential Information of the other party, except as permitted by 10.3(b). 

(b) Each party may disclose the other party's Confidential Information:

  • (i) to its employees, officers, representatives, or advisers who need to know that information for the purposes of exercising its rights or carrying out its obligations under the Contract (Representatives). Each party shall ensure that its Representatives comply with confidentiality obligations which are substantially equivalent to those set out in this 10.3; and

  • (ii) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

(c) Neither party may use the other party's Confidential Information for any purpose other than to exercise its rights and perform its obligations under the Contract.

10.4. Entire agreement. 

(a) The Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, quotes, purchase orders, promises, assurances and understandings between them, whether written or oral, relating to its subject matter.

(b) Each party acknowledges that in entering into the Contract it does not rely on and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Contract.

10.5. Variation. No variation of the Contract shall be effective unless it is in writing and signed by the parties (or their authorised representatives). 

10.6. Waiver. 

(a) A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy.

(b) A delay or failure to exercise, or the single or partial exercise of, any right or remedy does not waive that or any other right or remedy, nor does it prevent or restrict the further exercise of that or any other right or remedy.

10.7 Severance. If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of the Contract.

10.8 Notices.

(a) Any notice given to a party under or in connection with the Contract shall be in writing and shall be:

  • (i) delivered by hand or by pre-paid first-class post or other next working day delivery service to its address specified in the Contract Details; or 

  • (ii) sent by email to the email address specified in the Contract Details,

  • (iii) or to any other address as it may have notified to the other party in accordance with this 10.8.

(b) Any notice shall be deemed to have been received:

  • (i) if delivered by hand, at the time the notice is left at the proper address;

  • (ii) if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; or

  • (iii) if sent by email, at the time of transmission, or, if this time falls outside business hours in the place of receipt, when business hours resume. In this 10.8(b)(iii), business hours means 9.00am to 5.00pm Monday to Friday on a day that is not a public holiday in the place of receipt.

10.9 Third party rights. Unless it expressly states otherwise, the Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.

10.10. Governing law. The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by and construed in accordance with the law of England and Wales.

10.11. Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.
 

Website terms and conditions

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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, www.thisischapter.co.uk (“Our Site”). Please read these Terms and Conditions carefully and ensure that you understand them. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of Our Site. 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. ​In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

      1. ​“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; and “We” or “Us” or “Our” means Chapter Social Limited, a company registered in England under 16440189, whose registered address is 47a Queen Street, Derby, United Kingdom, DE1 3DE.

  2. Information About Us

    1. Our Site, www.thisischapter.co.uk, is owned and operated by Chapter Social Limited, a limited company registered in England under 16440189, whose registered address is 47a Queen Street, Derby, United Kingdom, DE1 3DE.

    2. Our VAT number is GB 492 4954 50O.

  3. Access to Our Site

    1. Access to Our Site is free of charge.

    2. It is your responsibility to make any and all arrangements necessary in order to access Our Site.

    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. ​Intellectual Property Rights

    1. ​All Content included 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 is protected by applicable United Kingdom and international intellectual property laws and treaties.

    2. Subject to sub-Clauses 4.3 and 4.6 you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Site unless given express written permission to do so by Us.

    3. You may:

      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. Download Our Site (or any part of it) for caching;

      3. Print page from Our Site;

      4. Download extracts from pages on Our Site; and

      5. Save pages from Our Site for later and/or offline viewing.

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

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

    6. Nothing in these Terms and Conditions limits or excludes the 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.

  5. ​Links to Our Site

    1. You may link to Our Site provided that:

      1. ​You do so in a fair and legal manner;

      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. You do not use any logos or trade marks displayed on Our Site without Our express written permission; and

      4. You do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.

      5. You may link to any page of Our Site.

    2. Framing or embedding of Our Site on other websites is not permitted without Our express written permission. Please contact Us at hello@thisischapter.co.uk for further information.

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

      1. ​is sexually explicit;

      2. is obscene, deliberately offensive, hateful or otherwise inflammatory;

      3. promotes violence;

      4. promotes or assists in any form of unlawful activity;

      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. is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

      7. is calculated or is otherwise likely to deceive another person;

      8. is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;

      9. 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 5.4);

      10. implies any form of affiliation with Us where none exists;

      11. infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party; or is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

  6. Links to Other Sites

    1. 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.

  7. ​Disclaimers

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

    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.

    3. We make reasonable efforts to ensure that the 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.

  8. Our Liability

    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 included on Our Site.

    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 included on Our Site.

    3. 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.

    4. We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware. 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 from it) or any other site referred to on Our Site.

    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.

    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.

  9. Viruses, Malware and Security

    1. ​We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.

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

    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.

    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.

    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.

    6. By breaching the provisions of sub-Clauses 9.3 to 9.5 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.

  10. ​Acceptable Usage Policy

    1. You may only use Our Site in a manner that is lawful.  Specifically:

      1. ​you must ensure that you comply fully with any and all local, national or international laws and/or regulations;

      2. you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;

      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. 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.

    2. ​We reserve the right to suspend or terminate your access to Our Site if you materially breach the provisions of this Clause 10 or any of the other provisions of these Terms and Conditions.  Specifically, We may take one or more of the following actions:

      1. ​suspend, whether temporarily or permanently, your right to access Our Site;

      2. ​issue you with a written warning;

      3. take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;

      4. take further legal action against you as appropriate;

      5. disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or

      6. any other actions which We deem reasonably appropriate (and lawful).

    3. 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.

  11. Privacy and Cookies

    1. Use of Our Site is also governed by Our Cookie and Privacy Policies, available from /cookie-policy/ and /privacy-policy/.  These policies are incorporated into these Terms and Conditions by this reference.

  12. ​Changes to these Terms and Conditions

    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.

    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.

  13. ​Contacting Us

    1. ​To contact Us, please email Us at hello@thisischapter.co.uk or using any of the methods provided on Our contact page.

  14. ​Communications from Us

    1. ​If We have your contact details, 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 and changes to these Terms and Conditions.

    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. If you opt out of receiving emails from Us at any time, it may take up to 10 business days for Us to comply with your request. During that time, you may continue to receive emails from Us.

    3. For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us at hello@thisischapter.co.uk.

  15. ​Data Protection

    1. ​Any and all personal information that We may collect will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights and Our obligations under that Act.

    2. We may use your personal information to:

      1. ​Reply to any communications you send to Us;

      2. Send you important notices, as detailed in Clause 14;

      3. We will not pass on your personal information to any third parties without your consent.

  16. Law and Jurisdiction

    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 the law of England & Wales.

    2. If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 16.1 above takes away or reduces your rights as a consumer to rely on those provisions.

    3. If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (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.

    4. 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 courts of England & Wales.

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