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Terms & Conditions

BACKGROUND :

This agreement applies as between you, the User of this Website and Spark Global Education, the owner(s) of this Website. Your agreement to comply with and be bound by Clauses 1 – 3, 5 – 9, the relevant sub-Clauses of 10 and 11 – 20 of these Terms and Conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.

1

Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:

"Account"

means collectively the personal information, payment information and credentials used by Users to access Paid Content and / or any communications System on the Website;

"Content"

means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;

"Free Content"

means any Content that is accessible without the payment of a Subscription Fee;

"Learning Establishment"

means any provider of education to persons of any age including, but not limited to, schools, colleges, universities and professional / adult education providers;

"Paid Content"

means Content accessible only upon the creation of an Account and the payment of a Subscription Fee;

"Service"

means collectively any online facilities, tools, services or information that Spark Global Education makes available through the Website either now or in the future;

"Subscription Fee"

means the sum of money paid by Users at intervals to keep their Deal active and to enable them to access Content;

"Subscription Period"

means the period for which a subscription has been purchased and may refer to 2 weeks, 4 weeks or a year accordingly;

"System"

means any online communications infrastructure that Spark Global Education makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, forums, live chat facilities and email links;

"User" / "Users"

means any third party that accesses the Website and is not employed by Spark Global Education and acting in the course of their employment;

"Website"

means the website that you are currently using (harrow-deals.com) and any sub-domains of this site (e.g. subdomain. (harrow-deals.com) unless expressly excluded by their own terms and conditions; and

"We"/"Us"/"Our"

means Spark Global Education t/a Simera Ltd., [a company registered in England under 4173560] of Kings Parade, Lower Coombe Street, Croydon, Surrey, CR0 1AA, UK.

2

Intellectual Property

2.1

Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Spark Global Education, or our affiliates. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.

2.2

Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 or those detailed in Clauses 3 and 4 of these Terms and Conditions apply.

3

Use of Free Content

You may print, reproduce, copy, distribute, store or in any other fashion re-use Free Content from the Website for personal or educational purposes only unless otherwise indicated on the Website or unless given Our express written permission to do so. Specifically you agree that:

3.1

You will not use the Free Content of the Website for commercial purposes unless given Our express written permission to do so.

3.2

You will not systematically copy Free Content from the Website with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given Our express written permission to do so.

3.3

You may, as a student of a recognised Learning Establishment, use the Free Content of the Website for educational purposes provided an appropriate reference is given for all Free Content so applied using a suitable referencing system of your choice or as stipulated by your Learning Establishment.

3.4

Employees of Learning Establishments may use the Free Content of the Website for teaching purposes subject to the following conditions:

3.4.1

no further consent is required for use in not-for-profit Learning Establishments. This may include, but is not limited to, schools that charge no fees for tuition; and

3.4.2

for use in profit-making Learning Establishments, Our prior written consent is required. This may include, but is not limited to, private schools charging fees, universities and adult education providers.

4

Use of Paid Content

4.1

Payment of a Subscription Fee grants you a licence to use all Paid Content on the Website for the duration of your subscription. You may use such Content in the following ways:

4.1.1

for personal purposes; or

4.1.2

as a student only, for educational purposes

4.2

Commercial use of Paid Content is not permitted under the terms of a normal subscription. Please contact Us for details of commercial level subscriptions and the accompanying Terms and Conditions.

4.3

Employees of Learning Establishments are not permitted to use Paid Content for teaching purposes under the terms of a normal subscription. Please contact Us for details of education level subscriptions and the accompanying Terms and Conditions.

4.4

Under such a licence, you agree that:

4.4.1

you will not use the Paid Content of the Website for commercial purposes unless given Our express written permission to do so;

4.4.2

you will not systematically copy Paid Content from the Website with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given Our express written permission to do so; and

4.4.3

you may, as a student of a recognised Learning Establishment, use the Paid Content of the Website for educational purposes provided an appropriate reference is given for all Content so applied using a suitable referencing system of your choice or as stipulated by your Learning Establishment.

5

Third Party Intellectual Property

Where expressly indicated, certain Content and the Intellectual Property Rights subsisting therein belongs to other parties. This Content, unless expressly stated to be so, is not covered by any permission granted by Clauses 3 and 4 of these Terms and Conditions to use Content from the Website. Any such Content will be accompanied by a notice providing the contact details of the owner and any separate use policy that may be relevant.

6

Links to Other Websites

This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Spark Global Education or that of Our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply Our endorsement of the sites themselves or of those in control of them.

7

Links to this Website

Those wishing to place a link to this Website on other sites may do so only to the home page of the site WEBSITE URL with Our prior permission. Deep linking (i.e. links to specific pages within the site) requires Our express written permission. To find out more please contact Us by email at info@sparkglobaleducation.com.

8

Use of Communications Facilities

8.1

When using any System on the Website you should do so in accordance with the following rules:

8.1.1

you must not use obscene or vulgar language;

8.1.2

you must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;

8.1.3

you must not submit Content that is intended to promote or incite violence;

8.1.4

it is advised that submissions are made using the English language(s) as We may be unable to respond to enquiries submitted in any other languages;

8.1.5

the means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;

8.1.6

you must not engage in any form of commercial advertising. This does not prohibit references to businesses for non-promotional purposes including references where advertising may be incidental;

8.1.7

you must not impersonate other people, particularly employees and representatives of Spark Global Education or Our affiliates; and

8.1.8

you must not use Our System for unauthorised mass-communication such as "spam" or "junk mail";

8.2

You acknowledge that Spark Global Education reserves the right to monitor any and all communications made to Us or using Our System.

8.3

You acknowledge that Spark Global Education may retain copies of any and all communications made to Us or using Our System.

8.4

You acknowledge that any information you send to Us through Our System may be modified by Us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon Our use of such information must be communicated to Us in advance and We reserve the right to reject such terms and associated information.

9

Accounts

9.1

In order to access Paid Content on this Website and to use certain other parts of the System, you are required to create an Account which will contain certain personal details which may vary based upon the type of Account that you choose. By continuing to use this Website you represent and warrant that:

9.1.1

all information you submit is accurate and truthful;

9.1.2

you have permission to submit Payment Information where permission may be required; and

9.1.3

you will keep this information accurate and up-to-date.

Your creation of an Account is further affirmation of your representation and warranty.

9.2

Sharing of accounts is not permitted unless We expressly authorise it in writing. You are required to keep your Account details confidential and must not reveal your username and password to anyone. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.

9.3

When choosing your username you are required to adhere to the terms set out above in Clause 8. Any failure to do so could result in the suspension and/or deletion of your Account.

10

Termination

10.1

Either Spark Global Education or you may terminate your Account and (where relevant) your subscription. If We terminate your Account or subscription, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, We reserve the right to terminate without giving reasons.

10.2

If we terminate your Account as a result of your breach of these Terms and Conditions you will not be entitled to any refund.

10.3

If We terminate your Account or subscription for any other reason, you will be refunded any remaining balance of your Subscription Fee. Such a refund will be calculated based upon the Subscription Fee being divided by the number of days in the applicable Subscription Period and multiplied by the number of days remaining until the end of the Subscription Period.

10.4

If We terminate your Account or subscription, you will cease to have access to Paid Content from the date of termination.

11

Privacy

11.1

Use of the Website is also governed by Our Privacy Policy which is incorporated into these Terms and Conditions by this reference. To view the Privacy Policy, please click on the link above.

11.2

[The Website places the following cookies onto your computer or device. These cookies are used for the purposes described herein. Full details of the cookies used by the Website and your legal rights with respect to them are included in Our Privacy Policy. [By accepting these Terms and Conditions, you are giving consent to Spark Global Education to place cookies on your computer or device. Please read the information contained in the Privacy Policy prior to acceptance.]

Name of Cookie Name of Provider 1st / 3rd Party Purpose
_ga Google Analytics 3rd
_gat Google Analytics 3rd
laravel_session Spark Global Education 1st To maintain laravel session.

11.3

[If you wish to opt-out of Our placing cookies onto your computer or device, please adjust your internet browser's settings to restrict cookies as detailed in your internet browser's help menu" etc. You may also wish to delete cookies which have already been placed. For instructions on how to do this, please consult your internet browser’s help menu.]

12

How We Use Your Personal Information (Data Protection)

12.1

All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.

12.2

We may use your personal information to:

12.2.1

Provide Our Service to you;

12.2.2

Process your payments to Us; and

12.2.3

Inform you of new products and services available from Us. You may request that We stop sending you this information at any time.

12.3

In certain circumstances (if, for example, you wish to make a purchase on credit), and with your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly.

12.4

We will not pass on your personal information to any other third parties [without first obtaining your express permission].

13

Disclaimers

13.1

We make no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, or that it will be secure.

13.2

Whilst every reasonable endeavour has 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 Service.

13.3

No part of this Website is intended to constitute advice and neither the Content nor the Paid Content of this Website should be relied upon when making any decisions or taking any action of any kind.

13.4

The information on this Website is not designed with commercial purposes in mind. We make no representation or warranty that this Content (or Paid Content) is suitable for use in commercial situations or that it constitutes accurate data and / or advice on which business decisions can be based.

13.5

Whilst We use reasonable endeavours 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.

14

Availability of the Website and Modifications

14.1

The Service is provided "as is" and on an "as available" basis. We give no warranty that the Website or the Service will be free of defects and / or faults. To the maximum extent permitted by the law We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

14.2

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.

14.3

We reserve the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, the Content and/or Paid Content available. These Terms and Conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.

15

Limitation of Liability

15.1

Spark Global Education liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising out of Our breach of these Terms and Conditions shall be limited to the value of the relevant User’s current subscription. For all other direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein, to the maximum extent permitted by law, We accept no liability. Users should be aware that they use the Website and its Content (including Paid Content) at their own risk.

15.2

Nothing in these Terms and Conditions excludes or restricts Spark Global Education's liability for death or personal injury resulting from any negligence or fraud on the part of Spark Global Education.

15.3

In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.

16

No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

17

Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

18

Third Party Rights

Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Spark Global Education.

19

Communications

19.1

All notices / communications shall be given to Us either by post to Our Premises (see address above) or by email to info@sparkglobaleducation.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

19.2

We may from time to time, if you opt to receive it, send you information about Our products and/or services. If you do not wish to receive such information, please Click on Unsubscribe link in any of emails sent by us.

20

Law and Jurisdiction

These Terms and Conditions and the relationship between you and Spark Global Education shall be governed by and construed in accordance with the Law of England and Wales and Spark Global Education and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.

1

Our Contract

1.1

These Terms and Conditions govern the supply of goods sold via Harrow Deals. The goods are sold via 3rd party sellers and we act as the platform between the seller and the buyer.

1.2

All orders placed by you and purchases of goods from us are on the basis of these Terms and Conditions and are subject to acceptance by us as us delivering the goods to you.

1.3

The processing of your payment and acknowledgment of your order (including sending you an email confirming your order is being processed) does not constitute legal acceptance of your order.

2

Ordering

2.1

On our website, you may place an order to purchase a product advertised for sale by following the onscreen prompts after clicking on the item you wish to purchase. You will have an opportunity to check and correct any input errors in your order up until the point at which you place your order by clicking the "Confirm and pay" button on the checkout page.

2.2

All orders placed by you and purchases of goods by you from us are subject to acceptance by us (as described in clause 1.2). We may choose not to accept your order or purchase for any reason and will not be liable to you or to anyone else in those circumstances.

2.3

Where we accept your order, we have a legal duty to supply goods that are in conformity with these Terms and Conditions.

3

Price & Payment

3.1

The price payable for the goods you order or purchase is as set out on our website at the time you submit your order, plus any charges for delivery as advised to you. All prices include the current applicable VAT rate unless otherwise stated.

3.2

Occasionally, we advertise goods at a promotional price; you must quote the relevant promotion code, otherwise you may be charged the full price.

3.3

Occasionally, an error may occur and goods may be either incorrectly priced or described in which case we will not be obliged to supply the goods at the incorrect price or in accordance with the incorrect description or at all. We reserve the right to correct any errors from time to time. We will (at our discretion) either cancel your order and refund the price you have paid or use reasonable endeavours to contact you and ask you whether you wish to continue with the order at the correct price or correct description. If we are unable to contact you or you do not wish to continue with the order at the correct price or correct description, we will cancel your order and refund the price you have paid.

3.4

We must receive payment for the whole of the price of the goods you order and purchase, and any applicable charges for delivery, before your order can be processed unless we have agreed otherwise in advance in writing.

3.5

For website orders, payment can be made by most major credit or debit cards, by completing the relevant details on the checkout page.

3.6

By using a credit/debit card to pay for your order or purchase, you confirm that the card being used is yours or that you are authorised to use it. By using PayPal you confirm that the PayPal account being used is yours.

3.7

All credit/debit card holders are subject to validation checks and authorisation by the card issuer. All PayPal payments are subject to authorisation by PayPal. If the issuer of the card or PayPal refuses to authorise payment we will not accept your order or purchase, we will not be obliged to inform you of the reason for the refusal, and we will not be liable for the item not being delivered or provided to you. We are not responsible for the card issuer or bank charging the holder of the card as a result of our processing of your credit/debit card payment in accordance with your order or purchase or if PayPal charges you for making the order.

3.8

We recommend that you do not communicate your payment card details or PayPal details and password to anyone, including us, by email. Subject to clause 9.5, we cannot be responsible for any losses you may incur in transmitting information to us by internet link or by email. Any such loss shall be entirely your responsibility.

3.9

If you are a trade customer, you are responsible for all orders placed by your employees and for any purchases made on cards issued to you (including Trade UK cards) and we are not bound by any individual order limit you may impose on your employees.

3.10

If you are a trade customer, you may not withhold payment of any invoice or other amount due to us by reason of any right of set off or counterclaim, which you may have, or allege to have.

3.11

We shall be entitled at all times to set off any debt or claim which we may have against you against any sums due from us to you.

3.12

The format of our invoice and statements to you will solely be dictated by us.

4

Delivery & Title

4.1

We aim to deliver the goods in accordance with your order usually within the stated delivery time (except in exceptional circumstances) but not more than 30 days after the day you place your order, unless otherwise agreed between you and us, subject always to clause 6 and 12. We reserve the right to deliver an order in instalments by separate delivery shipments.

4.2

Before placing your order, please refer to the delivery options set out on our website to ensure that we can deliver to your address. A valid signature may be required on collection or delivery. In the unlikely event that you have not received all the goods within the stated delivery time, you must notify us immediately. We strongly suggest that you do not schedule or commence any installation work until after you have received your order and checked all the goods are suitable for your purposes and do not have any defects or missing parts.

4.3

For reasons of health and safety and to avoid any property damage, items can only be delivered to the exterior of a ground floor location at the delivery address. You must therefore make your own arrangements at your own risk if the relevant item needs to be transported from the delivery location. We will not provide any unpacking, installation, fitting or waste removal services upon delivery unless otherwise agreed by us in writing.

4.4

You must do all that you reasonably can to enable delivery to take place at the given time and place. If you delay delivery, or delivery fails because you have not taken appropriate steps, we will try to arrange for an alternative delivery date within 30 days of the failed delivery. If delivery fails as a result of circumstances within your reasonable control, the cost of any re-delivery shall be borne by you. If we are unable to arrange a date for re-delivery we may cancel your order and refund to you the price that you have paid for the goods, less the failed delivery costs.

4.5

Without prejudice to clause 4.4, upon delivery of the goods to you , the goods shall be at your risk and responsibility. In spite of delivery, ownership (also known as title) in the goods shall not pass to you until you have paid the price for the goods in full and, where other sums payable to us from you are overdue, you have paid those sums too. Until title in the goods passes from us to you, you shall: (i) not be entitled to use the goods; (ii) safely hold the goods for us; (iii) return the goods to us immediately if we ask you to; and (iv) be liable to us for any loss, damage or destruction of the goods. In addition, until title in the goods passes from us to you, you shall store the goods at your own cost separately from all other goods in your possession and marked in such a way that they are clearly identified as our property.You grant us an irrevocable licence to enter, with or without vehicles, any of your premises for the purpose of inspecting or repossessing the goods.

6

Availability

6.1

All goods are subject to availability. While we endeavour to hold sufficient stock to meet all orders and purchases, if we have insufficient stock to supply or deliver the goods ordered and paid for by you, we will attempt to contact you using the details you have provided to us to ask you how you wish to proceed. We may, at our discretion, process any part of the order which is available. Where goods are out of stock, we will refund you the price paid for such goods as soon as possible and in any case within 30 days or, in the case of an account customer, we may, in our absolute discretion, as soon as possible raise a credit to offset the amount invoiced to you.

7

Manufacturer's Warranties & Guarantees

7.1

Some of our goods are sold with a manufacturer's warranty, guarantee or similar assurance (please see the relevant product description on our website for further details). Any complaint, query or claim under a manufacturer's warranty, guarantee or similar assurance must be made direct to the manufacturer and we do not have any responsibility or liability under or in connection with any such warranty, guarantee or assurance.

7.2

Any manufacturer's warranty, guarantee or similar assurance applies in addition to your legal rights if you are a consumer.

7.3

Some products may feature an extended manufacturer’s warranty. These need to be registered within 28 days of purchase

8

Cancellation, Returns & Refunds

Cancellation

8.1

You may cancel your order and return the items purchased to us by giving us notice of cancellation within the return period mentioned by the resp. seller in the product description from the date of delivery to you. In relation to goods delivered to you, you may need to take delivery of the goods before you can cancel your order if the goods are placed into our delivery process before we receive your notice of cancellation. Where your order comprises multiple delivery shipments, the cancellation period for the goods in your order runs from the date of the delivery of the last shipment to you.

8.2

You will lose your right to cancel after the expiry of the period referred to in clause 8.1 (this does not affect your rights if there is any problem with the goods).

8.3

To exercise your right to cancel, you may inform us of your decision to cancel by email using the contact details set out below at clause 15. If you are cancelling because of any problem with the goods, please notify us of the problem at the time of cancellation.

8.4

On cancellation for whatever reason, where you have received the goods you must return the goods to us (together with the original packaging) without undue delay and in any event within 7 days after the day of the cancellation at your cost (subject to clause 8.11),unless we agree that you may dispose of them, in which case please comply with the manufacturer's instructions before disposing of hazardous goods. You must return goods with all components and also any promotional items received (including free gifts) or discounted additional products. You can return certain goods by post from your local Post Office and/or Courier service.

8.5

Following cancellation, subject to clause 8.7, we will refund you the price paid for the cancelled order (or part of the order cancelled). Where you cancel the entire order, we will also refund the standard delivery charges (or an amount equal to the standard delivery charges if you elect to use a more expensive delivery method) paid. Where you cancel part of an order, we will not refund the delivery charges. We will pay the refund within 14 working days after the day:

8.5.1

you notified us to cancel your order, where you have not received the goods; or,

8.5.2

we receive the goods you returned to us, where you are in receipt of the goods; or

8.5.3

you provide us with a proof of return for the goods, where you have returned the goods but we have not yet received them.

8.6

We will refund you using the same means of payment as you used to pay for your order or purchase. For Paypal purchases via Paypal account, we will provide customer credit.

8.7

We reserve the right to make a deduction from the amount of the refund for loss in value of the goods returned where the goods show signs of unreasonable use; for these purposes, unreasonable use includes handling the goods beyond what is necessary to establish the nature, characteristics and functioning of the goods. We may withhold any refund until we have received the goods or you have supplied proof of return for the goods

8.8

Your right of cancellation does not apply to goods that are cut or mixed to your requirements, made to measure, made to order, made to your specifications or clearly personalized. Your right of cancellation does not apply to goods which are not suitable for return due to health protection or hygiene reasons, if you have opened the product packaging after delivery or collection.

Faulty Goods

8.11

Where the goods are being returned because they are faulty or incorrect, we will meet the cost of return delivery but we may ask that you allow us to nominate the carrier. Your right to return goods in these circumstances is not limited to the period in clause 8.1.

8.12

Without prejudice to your right to cancel orders generally under this clause 8, if you have notified us of a problem following delivery or collection, with the goods within the return period mentioned in the product description, you may cancel the order (or part of the order affected) and refund to you the amount paid by you for the goods in question.

8.13

If an item develops a fault after the return period following delivery or collection, and where the manufacturer has provided a helpline, repair service or warranty, you should contact the manufacturer direct. If there is no such service or warranty with the product, in most instances the seller may offer a repair or where this is not possible will replace the item with the same or an equivalent model.

Legal Rights as a Consumer

8.14

The provisions of this clause 8 do not affect your legal rights if you are a consumer.

9

Liability

9.1

If you purchase goods from us as a consumer (which means anyone who acts outside the course of their business, trade or profession), to the extent not prohibited by law, we accept no liability for any:

9.1.1

loss which is not foreseeable (loss is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time you and we entered into our contract);

9.1.2

loss which arises when we are not at fault or in breach of these Terms and Conditions; and

9.1.3

business loss (which includes loss of profits, loss of business, contracts, goodwill, business opportunity and other similar losses, as well as business interruption).

9.2

Without prejudice to clause 9.2, if you are a trade customer, we shall not be liable to you(whether in contract, tort (including negligence), breach of statutory duty or otherwise)for any: (i) loss of profits, business, contracts, goodwill, business opportunity and other similar losses, or any business interruption; or (ii) indirect or consequential loss, neither will we be liable to you for any other loss which is not a foreseeable consequence of us being in breach of these Terms and Conditions or our legal duties.

9.3

If you are a trade customer, you acknowledge and agree that these Terms and Conditions constitute the entire and only agreement between us

9.4

Nothing in these Terms and Conditions is intended to affect your legal rights if you are a consumer, nor is it intended to exclude or limit our liability to you for fraud, fraudulent misrepresentation, for death or personal injury resulting from our negligence or for any other liability which cannot be limited or excluded as a matter of applicable law.

9.5

Goods are intended for use in the UK only and we cannot confirm that the goods comply with any laws, regulations or other standards applicable outside the UK. All goods are sold in accordance with the manufacturer’s specifications and are subject to any qualifications, representations or instructions contained in the documentation associated with the goods.

9.6

If you are a trade customer and subject to clause9.5, we will not be responsible to you or, in the event that you are undertaking work for another person, to any other person, for the use or installation of any goods by you. Accordingly, if you are a trade customer, you hereby agree to hold us harmless from and indemnify us against any liability associated with, any claim or allegation that we are responsible for any failings in the installation or use of goods that we supply.

9.7

Spark Global & Harrow (we) allows third party sellers to list and sell their products at Harrow- Deals.com. In each such case this is indicated on the respective product detail page. While we helps facilitate transactions that are carried out on the Harrow Deals site, We are neither the buyer nor the seller of the seller's items. We provide a venue for sellers and buyers to negotiate and complete transactions. Accordingly, the contract formed at the completion of a sale for these third party products is solely between buyer and seller. We are not a party to this contract nor assumes any responsibility arising out of or in connection with it nor is it the seller's agent. The seller is responsible for the sale of the products and for dealing with any buyer claims or any other issue arising out of or in connection with the contract between the buyer and seller.

9.8

We will do our utmost to ensure that availability of the Services will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, your access to the Services may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.

9.9

We will not be responsible for (i) losses that were not caused by any breach on our part, or (ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or (iii) any indirect or consequential losses that were not foreseeable to both you and us when you commenced using the Services.

9.10

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your legal right to have goods sent or services provided within a reasonable time or to receive a refund if goods or services ordered cannot be supplied within a reasonable time owing to a cause beyond our reasonable control.

10

Age Requirements for Specific Goods

10.1

Where you place an order for or otherwise purchase age-restricted goods such as solvents, axes, knives and knife blades you confirm that you are over the age of 18 and that (where applicable) delivery will be accepted by a person over the age of 18. We reserve the right to cancel your order or purchase if we reasonably believe you do not meet the age restrictions for certain goods.

11

Termination

11.1

We may suspend further supply or delivery, stop any goods in transit or terminate our contract by notice in writing to you if you are in breach of an obligation hereunder or you become unable to pay your debts when they fall due or proceedings are or are reasonably likely to be commenced by or against you alleging bankruptcy or insolvency or an administrator, receiver or administrative receiver is appointed or is reasonably likely to be appointed over all or part of your undertaking and assets. Upon termination, any payments you owe to us (even if they are not yet due for payment) will be immediately due and payable and we shall be under no further obligation to supply goods to you.

12

Events Beyond Our Control

12.1

We shall have no liability to you for any failure or delay in supply or delivery or for any damage or defect to goods supplied or delivered hereunder or for any other liability, in each case that is caused by any event or circumstance beyond our reasonable control (including, without limitation, accidents, extreme weather conditions, fire, explosion, flood, storm, earthquake, natural disaster, failure of telecommunications networks, inability to use transport networks, mechanical failures, acts of God, terrorist attack, war, civil commotion, riots, strikes, lockouts and other industrial disputes, acts or restraints of Government, and imposition or restrictions of imports or exports).

13

Disposal of Electrical and Electronic Equipment

13.1

The WEEE regulations (January 2013) ensure that the amount of waste on certain electrical and electronic equipment is reduced, separated from household waste, collected separately and ultimately disposed of in a sound environmental manner (recycled and recovered). If you are a trade customer, you agree that the collection, recovery/treatment and disposal of non-household Electrical or Electronic Equipment purchased from us will be your responsibility. In the case of household waste, please take this waste to your nearest Designated Collection Facility (DCF) where special facilities exist for correct disposal. To find your nearest DCF please visit the following web site: www.recycle-more.co.uk.

14

General

14.1

If any provision of these Terms and Conditions (including any provision in which we exclude or limit our liability to you) is found to be invalid, illegal or unenforceable, the validity, legality or enforceability of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected. Our contract shall be governed by and interpreted in accordance with English law.

14.2

All images are for illustration purposes only. Contents / accessories shown in images are not included unless stated in product description.

15

Contact Details

15.1

All notices / communications shall be given to Us by email to dealsadmin@sparkglobaleducation.com. Such notice will be deemed received, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

Spark Global Education t/a Simera Ltd., [a company registered in England under 4173560] with correspondence address as 3rd Floor, 14 Hanover Street, Hanover Square, London W1S 1YH. Vat Reg: 805138255

16

Privacy Policy

16.1

When you provide us with personal information (whether purchasing from us or registering with us or otherwise) by doing so you agree to our Privacy Policy

17

Alternative dispute resolution

17.1

Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. The European Union has set up an Online Dispute Resolution (ODR) platform. If you are not happy with how we have handled a complaint about your transaction, disputes may be submitted for online resolution to the ODR Platform at ec.europa.eu.