Terms & Conditions

Welcome  to the CunninglyCleverMarketing.com website terms and conditions for use. These terms and conditions apply to the use of the CunninglyCleverMarketing.com website. By accessing this website and/or placing an order, you agree to be bound by these terms and conditions.

Using this website indicates that you accept these terms  regardless of whether or not you choose to register with us or order from us.  If you do not accept these terms, do not use this website.

The  CunninglyCleverMarketing.com website is operated by Personal Growth Europe  Limited.

IGF House, 15 Union St, St Helier, Jersey, JE1  1FG

Email address: admin@CunninglyCleverMarketing.com
Telephone:  +44 1534 750000

1.  Introduction

1.1 You will be able to access most areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register.

1.2 We may revise these terms and conditions at any time by updating this posting.   You should check this Website  from time to time to review the then current terms and conditions, because they are binding on you. Certain provisions of these terms and conditions may  be superseded by expressly designated legal notices or terms located on particular pages of this Website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this Website.

2. Ordering from Us

2.1 You are deemed to  place an order with us by ordering via our online checkout process.  As part of our checkout process you will be given the opportunity to check  your order and to correct any errors. We will send you an order  acknowledgement, detailing the products you have ordered.

2.2 Our  acceptance of an order takes place when we despatch the order. When we  despatch the order the purchase contract will be made even if your payment has  been processed immediately, unless we have notified you that we do not accept  your order or you have cancelled your order.

2.3 We may refuse to  accept an order:
      (a) where goods are  not available;
      (b) where we cannot  obtain authorisation for your  payment;
      (c) if there has been a  pricing or product description error;  or
      (d) if you do not meet any  eligibility criteria set out in our terms and conditions.

3.  Pricing

3.1 Where we charge separately  for packing, carriage and  insurance and other relevant charges, the appropriate rates are set out in our  specified pricing structure shown elsewhere on this Website.

4.  Cancellation and Returns Policy

4.1 If  you wish to cancel your order:
    (a) you can  notify us by email to admin@CunninglyCleverMarketing.com  before we have dispatched the goods to  you; or
      (b) where goods have already  been dispatched to you, by returning goods to us in accordance with clause 4.2  below.

4.2 You can return goods you have ordered from us for any reason  at any time within 14 days of receipt for a refund or exchange. The costs of  returning goods to us shall be borne by you. You must obtain a Returns  Authorisation Form from us before returning any goods. Please contact us for  details.

4.3 The rights to return the goods to us as referred to in  clause 4.2 will not apply in the following  circumstances,
      (a) in the event that  the product has been used and not in a re-sellable  condition;
      (b) the return has not been  pre-authorised by us.

4.4 If you order the incorrect part, a  re-stocking fee of 25% plus postage will be deducted from any  refund.

5. Licence

5.1 You are permitted to print and download extracts from this Website for  your own use on the following  basis:
      (a) no documents or related  graphics on this Website are modified in any  way;
      (b) no graphics on this Website  are used separately from accompanying text;  and
      (c) any of our copyright and trade mark notices and this permission notice appear in all copies.

5.2  Unless otherwise stated, the copyright and other intellectual property rights  in all material on this Website (including without limitation photographs and  graphical images) are owned by us or our licensors. For the purposes of these  terms and conditions, any use of extracts from this Website other than in  accordance with clause 5.1 above for any purpose is prohibited. If you breach  any of the terms in these terms and conditions, your permission to use this  Website automatically terminates and you must immediately destroy any  downloaded or printed extracts from this Website.

5.3 Subject to clause  5.1, no part of this Website may be reproduced or stored in any other website  or included in any public or private electronic retrieval system or service  without our prior written permission.

5.4 Any rights not expressly  granted in these terms are reserved.

6. Service Access

6.1 While  we endeavour to ensure that this Website is normally available  24 hours a day, we will not be liable if for any reason this Website is  unavailable at any time or for any period.

6.2 Access to this Website  may be suspended temporarily and without notice in the case of system failure,  maintenance or repair or for reasons beyond our control.

7. Visitor  Material and Conduct

7.1 Other than  personally identifiable  information, which is covered under the Privacy Policy, any material you  transmit or post to this Website will be considered non-confidential and  non-proprietary. We will have no obligations with respect to such material. We  and our nominees will be free to copy, disclose, distribute, incorporate and  otherwise use such material and all data, images, sounds, text and other  things embodied therein for any and all commercial or non- commercial  purposes.

7.2 You are prohibited from posting or transmitting to or  from this Website any material:
      (a)  that is threatening, defamatory, obscene, indecent, seditious, offensive,  pornographic, abusive, liable to incite racial hatred, discriminatory,   menacing, scandalous, inflammatory, blasphemous, in breach of  confidence, in breach of privacy or which may cause annoyance or  inconvenience;
      (b) for which you have  not obtained all necessary licences and/or  approvals;
      (c) which constitutes or  encourages conduct that would be considered a criminal offence, give rise to  civil liability, or otherwise be contrary to the law of or infringe the rights  of any third party, in the UK or any other country in the world;  or
      (d) which is technically harmful  (including, without limitation, computer viruses, logic bombs, Trojan horses,  worms, harmful components, corrupted data  or other malicious software or  harmful data).

7.3 You may not misuse the Website (including, without  limitation, by hacking).

7.4 We will fully co-operate with any law  enforcement authorities or court order requesting or directing us to disclose  the identity or locate anyone posting any material in breach of clauses 7.2 or  7.3.

8. Links to and from other  Websites

8.1 Links to third party websites on this Website are provided  solely for your convenience. If you use these links, you leave this Website.  We have not reviewed all of these third party websites and do not control and  are not responsible for these websites or their content or availability. We  therefore do not endorse or make any representations about them, or any  material found there, or any results that may be obtained from using them. If  you decide to access any of the third party websites linked to this Website,  you do so entirely at your own risk.
 
8.2 If you would like to  link to this Website, you may only do so on the basis that you link to, but do  not replicate, the home page of this Website, and subject to the following  conditions:
      (a) you do not remove,  distort or otherwise alter the size or appearance of the Golf Marketing  Association website logo;
      (b) you do  not create a frame or any other browser or border environment around this  Website;
      (c) you do not in any way  imply that we are endorsing any products or services other than our  own;
      (d) you do not misrepresent your  relationship with  us nor present any other false information about  us;
      (e) you do not otherwise use any  CunninglyCleverMarketing.com  website trademarks displayed on this  Website without our express written  permission;
      (f) you do not link from a  website that is not owned by you;  and
      (g) your website does not contain  content that is distasteful, offensive or controversial, infringes any  intellectual property rights or other rights of  any other person or  otherwise does not comply with all applicable laws and regulations.

We  expressly reserve the right to revoke the right granted in this clause 8.2 for  breach of these terms and to take any action we deem appropriate.

8.3  You shall fully indemnify us for any loss or damage we or any of our group  companies may suffer or incur as a result of your breach of clause  8.2.

9. Registration

9.1 To  register with  CunninglyCleverMarketing.com website you must be over eighteen years of  age

9.2 Each registration is for a single user only. We do not permit  you to share your username and password with any other person nor with  multiple users on a network.

9.3 Responsibility for the security of any  passwords issued rests with you and if you know or suspect that someone else  knows your password, you should contact us immediately.

9.4 We may  suspend or cancel your registration immediately at our reasonable discretion  or if you breach any of your obligations under these terms and  conditions.

10. Disclaimer

10.1  While we endeavour to ensure  that the information on this Website is correct, we do not warrant the  accuracy and completeness of the material on this Website. We   may  make changes to the material on this Website, or to the products and prices  described in it, at any time without notice. The material on this Website may  be out of date, and we make no commitment to update such material.

10.2  The material on this Website is provided "as is" without any conditions,  warranties or other terms of any kind. Accordingly, to the maximum extent  permitted by law, we provide you with this Website on the basis that we  exclude all representations, warranties, conditions and other terms  (including, without limitation, the conditions implied by law of satisfactory  quality, fitness for purpose and the use of reasonable care and skill) which  but for these terms and conditions might have effect in relation to this  Website.

11. Liability

11.1  We, any other party (whether or  not involved in creating, producing, maintaining or delivering this Website),  and any of our group companies and the officers, directors, employees,  shareholders or agents of any of them, exclude all liability and  responsibility for any amount or kind of loss or damage that may result to you  or a third party (including without limitation, any direct, indirect, punitive  or   consequential loss or damages, or any loss of income, profits,  goodwill, data, contracts, use of money, or loss or damages arising from or  connected in any way to business interruption, and whether in tort (including  without limitation negligence), contract or otherwise) in connection with this  Website in any way or in connection with the use, inability to use or the  results of use of this Website, any websites linked to this Website or the  material on such websites, including but not limited to loss or damage due to  viruses that may infect your computer equipment, software, data or other  property on account of your access to, use of, or browsing this Website or  your downloading of any material from this Website or any websites linked to  this Website.

11.2 Nothing in these terms and conditions shall exclude  or limit our liability for (i) death or personal injury caused by negligence  7); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv)  any liability which cannot be excluded or limited under applicable  law.

11.3 If your use of material on this Website results in the need  for servicing, repair or correction of equipment, software or data, you assume  all costs thereof.

11.4 You agree to indemnify us fully, defend and  hold us, and our officers, directors, employees and agents, harmless from and  against all claims, liability, damages, losses, costs (including reasonable  legal fees) arising out of any breach of the terms and conditions by you, or  your use of this Website, or the use by any other person using your  registration details.
 
12. Governing Law and Jurisdiction

12.1 These terms and conditions are subject to  the laws and exclusive to the jurisdiction of Jersey. Disputes arising in  connection with these terms and conditions shall be subject to the exclusive  jurisdiction of the Jersey courts.

13. Miscellaneous

13.1 You may not assign, sub-license or  otherwise transfer any of your rights under these terms and  conditions

13.2 If any provision of these terms and conditions is found  by any court of competent jurisdiction to be invalid, the invalidity of that  provision will not affect the validity of the remaining provisions which shall  continue to have full force and effect.

13.3 Only the parties to these  terms and conditions may seek to enforce them under the  Contracts.

14.  Non-Delivery

14.1 Because  certain goods are shipped by post, delivery times are often out of our  control. In some circumstances it can up to 14 days for you to receive your  order. If you have not received your order after a period of 14 days, contact  us by e-mail at admin@cunninglyclevermarketing.com or by telephone on +44 1534 750000. We will arrange to either  send you replacement goods or process a refund against your credit card. 

PRIVACY POLICY STATEMENT (PPS) & PERSONAL  INFORMATION COLLECTION STATEMENT (PICS)
We promise to meet internationally  recognised standards of personal privacy protection.

Other than  specific interactive data collection web pages this website does not store or  capture personal information. The server on which this site resides uses the USER’S IP ADDRESS only to deliver the requested pages and collect statistical  hit information. We do not use Cookies to record your usage patterns.

These Privacy Policy Statements only relate to this site www.cunninglyclevermarketing.com and do not extend to any linked external websites which should  have their own.

Any information we may collect about you will not be disclosed by us to any third party, in a form that identifies you, without  your express consent to do so.

You have the right to access your  information at any time to check whether it is accurate and up-to-date. If you wish to access any information we process/hold about you, e-mail us by  clicking admin@cunninglyclevermarketing.com or by telephone on +44 1534 750000.