Smile from Hatti (“Smile from Hatti” or “us”, “we” or “our”) is the owner of the Website located at www.smilefromhatti.com and related URLs (the “Website”). It is a company registered in England and Wales and its registered office is 6 Hartley Copse, Old Windsor, Windsor SL4 2QG.
Smile from Hatti is committed to safeguarding your privacy online. This policy together with our Terms and Conditions of Use and any other documents referred to sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us.
Please read the following policy carefully to understand how your personal information will be treated. By visiting the Website, you are accepting and consenting to the practices described in this policy. This policy may change from time to time. ‘Personally identifiable information’ is information that enables us to identify you, such as your email address, name, title, and address.
How Smile from Hatti uses my information
Smile from Hatti uses the information we collect about you to manage and process online purchases. We also use it to help us understand more about how our site is used.
If you agree during the purchasing or registration process, we will also use it to send you communications that may be of interest to you, either electronically or otherwise – more detail about this is set out below.
Who is collecting your information?
When you are on the Smile from Hatti Website and are asked for personal information, you are sharing that information with Smile from Hatti alone unless stated otherwise.
With whom does Smile from Hatti share your information?
As a general rule, Smile from Hatti will not disclose any of your personally identifiable information or information you provide when making Gift Aid declarations, except when we have your permission or under special circumstances, such as when we believe in good faith that the law requires it or to protect the rights, property and safety of Smile from Hatti, or others.
This includes exchanging information with other companies and organizations for the purpose of fraud prevention and credit risk reduction. When you are using our secure online payment pages your details are sent to a partner company, PayPal, and the information you give such as your credit card number and contact information is provided, in a secure environment, so that the transaction can take place.
Examples of information being shared with others might be:
- in the payment process for our online donation page where your details are sent to our payment partner, PayPal, for payment verification. These details are discarded by PayPal once payment has been taken;
- when giving a regular donation via the e-direct debit process;
- and when entering a fundraising event that requires an entry fee where you may be directed to a partner to process that entry.
What are my choices regarding, collection, use and distribution of my information?
If you indicated that you are interested in receiving regular information about Smile from Hatti’s campaign work or appeals, and specifically consent to us doing so when you provide us with your information, we will send you communications regarding Smile from Hatti’s work and activities, either electronically or otherwise. In addition, we may send you direct mail that we feel may be of interest to you.
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you before collecting your data if we intend to disclose your information to any third party for such purpose. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at email@example.com.
Smile from Hatti does not sell, rent or provide user or supporter information to anyone.
The Website may from time to time contain links to third party websites. If you follow a link to any of these websites, please note that these websites will have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
What is Smile from Hatti’s policy on allowing me to update, correct, or delete my personally identifiable information?
The accuracy of your individual identifying information is important to Smile from Hatti. If you change email address or any of the other information we hold is inaccurate or out of date, please email us at firstname.lastname@example.org.
What about children’s privacy?
The safety of children is very important to us. Children and young people under 18 should always ask a parent for permission before registering with the site in any capacity, be that to use the interactive services, to register for an event, or to shop. They should never leave personal information that could identify them away from the Website, including descriptions of themselves, addresses or names of school/colleges they attend.
Please see our Cookies Policy for more information.
How does Smile from Hatti protect my personal identifiable information?
Smile from Hatti is committed to taking all reasonable steps to protect the individual identifying information that you provide to us. Our registration number on the Data Protection Register run by the Information Commissioner’s Office is: 1166495.
What security precautions are in place to protect the loss, misuse, or alteration of my information?
When you give Smile from Hatti personal information that information may be stored and processed outside of the UK. By submitting your personal data, you agree to this transfer, storing or processing. We take all steps reasonably necessary to ensure that your information is treated securely.
Where we have given you (or you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential, and we ask you not to share this with anyone.
Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, Smile from Hatti cannot ensure or warrant the security of any information you transmit to us, and you do so at your own risk. Once we receive your transmission, we make our best effort to ensure its security on our systems.
Terms and Conditions of use
- Smile from Hatti (“Smile from Hatti” or “us”, “we” or “our”) is the owner of the Website located at www.smilefromhatti.com and related URLs (the “Website”). It is a company registered in England and Wales and its registered office is 6 Hartley Copse, Old Windsor, Windsor SL4 2QG.
- These Terms and Conditions apply to your access and use of the Website, whether you are a registered user or unregistered visitor. If you wish to use our discussion forums or message boards, you will also be bound by special terms in addition to these Terms and Conditions. If there is any conflict between these Terms and Conditions and special guidelines, rules and/or other terms appearing on this Website in relation to specific material, then the latter shall prevail.
- Your use of the Website constitutes acceptance of these Terms and Conditions from the date of your first use of the Website and each time that you use the Website thereafter. By using the Website, you agree to be legally bound by these Terms and Conditions. If you do not agree to, or cannot comply with, these Terms and Conditions, please do not use our Website. We recommend that you print a copy of these Terms and Conditions for future reference.
- You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these Terms and Conditions and that they comply with them.
- If you choose or are provided with any password or other piece of information as part of our security procedures, you will treat this as confidential and not disclose this to any third parties. Please contact us promptly if you know or suspect that anyone other than you knows this information.
- These Terms and Conditions refer to the following additional terms which also apply to your use of the Website:
- Cookies Policy
- Smile from Hatti reserves the right to update, add to or delete parts of these Terms and Conditions at any time by posting changes online. Your continued use of this Website after changes are posted constitutes your acceptance of these Terms and Conditions as modified. Therefore please visit this page every time you wish to use our site to review these Terms and Conditions.
- For all queries, feedback or further information regarding the content on our Website, please contact us on email@example.com; we welcome your views on how to improve our Website.
- The content on this Website is for general information purposes only. We are unable to guarantee that the information and content contained on the Website is accurate, verified or complete. It is not intended to replace expert advice from medical staff and you should seek proper medical advice if you have any health concerns. Any reliance you place on the content of this Website is therefore strictly at your own risk. This Website and the information, names, images, pictures, logos regarding or relating to Smile from Hatti are provided “as is” without any representation or endorsement made and without warranty of any kind whether express or implied. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- We may update the Website from time to time, and may change the content at any time. However, please note that any of the content may be out of date at any given time, and we are under no obligation to update it.
- We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons.
- Our site is directed to people residing in the United Kingdom. We do not represent that content available on or through our site is appropriate for use or available in other locations. Those who visit the Website from outside the UK are responsible for complying with all applicable laws. If use of the Website breaches any law in your jurisdiction, you may not use them and you must exit immediately.
- You agree to use this Website only for lawful, personal and non-commercial purposes, and in a manner which does not infringe the rights, or restrict, or inhibit the use and enjoyment of the Website by any third party.
- You may not alter the Website in any way or do anything that might or will damage or disrupt its good working order.
- “User Content” is any information or content provided by you via the Website. When you create an account, you may be able to provide User Content. You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Website. You agree that we are only acting as a passive conduit for your online distribution and publication of User Content. We reserve the right to review remove or edit any User Content at our discretion.
- Without limiting the above, you must not, by your User Content or otherwise, use the Website to: defame, threaten, harass, abuse or otherwise violate the rights of others; interfere with the smooth running of the Website, to impersonate someone else; transmit any viruses or other harmful code or interfere with the systems supporting the Website. We cannot however guarantee that you will not be exposed to such behaviour whilst you use our Website.
- You must not:
- Post or upload any User Content in a way that breaches any law;
- Post or upload any personal information about others without their full written consent;
- Post or upload content that is subject to third party proprietary rights;
- Post User Content that will infringe another organization’s or person’s rights; and
- Use the Website to send unsolicited bulk email or spam.
- Smile from Hatti takes no responsibility and assume no liability for any User Content that you or any other user or third party posts or send to the Website.
- Smile from Hatti reserves the right to suspend or terminate your access to the Website immediately at any time.
- If your access to the Website is terminated or suspended for any reason, you must not access the Website or attempt to create a new profile without our written consent.
- Smile from Hatti reserves the right to remove or edit User Content posted to the Website at any time.
- You may link to our homepage provided you do so in a way which is fair and legal, and does not damage or take advantage of our reputation. You must not establish a link in a way to suggest any form of association. We reserve the right to withdraw linking permission without notice.
- You will indemnify Smile from Hatti against all losses, damages, proceedings, actions, legal costs, expenses and any other losses or liabilities arising from your posting of User Content to or use of the Website or your breach of these Terms and Conditions.
- Smile from Hatti provides this Website free of charge. Accordingly, it does not warrant that the functions contained in the material contained in this Website will be uninterrupted or error free, that defects will be corrected, or that this Website or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy and reliability of the materials.
- Smile from Hatti is the owner or the licensee of all intellectual property rights and proprietary rights in the Website (and content therein including the Smile from Hatti logo) except where stated otherwise. The content of the Website is protected by international copyright laws and treaties around the world. All such rights are reserved. Commercial use or publication of all or any item displayed is strictly prohibited without prior written authorisation from Smile from Hatti. Please send your written requests to firstname.lastname@example.org
- Where Smile from Hatti is the owner, documents may be copied for personal use only on the condition that copyright and source indications are also copied, no modifications are made and the document is copied entirely. However, some documents and photos have been published on this Website with the permission of the relevant copyright owners (who are not Smile from Hatti). All rights are reserved on these documents and permission to copy them must be requested from the copyright owners (the sources are indicated within these documents/photographs).
- If you print off, copy or download any part of the Website in breach of these Terms and Conditions, your right to use the Website will cease immediately and you must, at our option return or destroy any copies of the materials you have
- Smile from Hatti takes no responsibility for the content of external Internet sites. Any link to a third party site is provided for your convenience to provide further information. They do not signify that we endorse the sites or approve of any of the content. We do not control third party sites.
- Smile from Hatti does not guarantee that your use of the Website will be free of viruses or harmful material. You are responsible for ensuring that your computer, other electronic device and operating system are suitable to use, and compatible with, the Website. It is your responsibility to ensure that your computer, other electronic device and operating system are not damaged by your use of the Website, which may include using virus protection software.
- Smile from Hatti does not accept any liability to you for any of the following types of loss which you may suffer as a result of your use of the Website:
a. loss which was not foreseeable to you and Smile from Hatti when you first accessed the Website;
b. any business loss you may suffer, including loss of revenue, profits or anticipated savings (whether such losses are a direct or indirect result of our default);
c. loss which you suffer other than as a result of our failure to comply with these Terms and Conditions.
- Smile from Hatti does not accept any liability to you if it fails, or is delayed in the performance of any obligation due to:
a. the non-availability or failure of any telecommunications or computer equipment, system or software operated by you or any third party; or
b. any other event not reasonably without our control.
- Smile from Hatti excludes all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
- Nothing in these Terms and Conditions shall exclude or limit our liability for death or personal injury arising from our negligence, fraud or fraudulent misrepresentation.
- Any User Content or other communication or material that you transmit to, or post on, any public area of the Website including any data, questions, comments, suggestions, or the like, is, and will be treated as, non confidential and non proprietary information. By uploading such User Content, you represent and warrant that you have the right to grant, and you expressly grant to us and any users of the Website a non-exclusive, royalty-free, perpetual, transferable, world-wide licence to use, reproduce, modify, publish, edit, translate, distribute, publicly perform, publicly display an make derivative works of such User Content, or other communication or material.
- These Terms and Conditions shall be governed and construed in accordance with the laws of England and Wales. Any disputes (including non-contractual disputes) shall be subject to the exclusive jurisdiction of the Courts of England and Wales.
- The Information Standard quality mark
Smile from Hatti shall hold responsibility for the accuracy of the information they publish and neither the scheme operator nor the scheme owner shall have any responsibility whatsoever
for costs losses or direct or indirect damages or costs arising from inaccuracy of information or omissions in information published on the Website on behalf of Smile from Hatti.
Further information about the Information Standard scheme.
- Refund Policy
If you have made a donation in error please write to us to request a refund. If your request is approved, an admin fee may be payable.
Clauses 39 to 91 apply if you are making purchases through the Website. Please read these terms carefully before you submit your order to us. These terms tell you how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
Contract with you
39. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
40. Our website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from OR deliver to addresses outside the UK.
41. If we are unable to accept your order, we will inform you of this and will not charge you for the product.
42. The images of the products and packaging on our website are for illustrative purposes only. Your product and its packaging may vary slightly from those images.
43. If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract – please see below for further information.
44. We may change products and services:
- to reflect changes in relevant laws and regulatory requirements; and
- to implement minor technical adjustments and improvements. These changes will not affect your use of the product.
Providing the products
45. The method, costs and timing of delivery will be as displayed to you on our website. During the order process we will let you know when we will provide the products to you. If the products are ongoing services or subscriptions, we will also tell you during the order process when and how you can end the contract.
46. If the products are goods we will deliver them to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.
47. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
48. You have legal rights if we deliver any goods late. If we miss the delivery deadline for any goods then you may treat the contract as at an end straight away if any of the following apply:
- we have refused to deliver the goods;
- delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
- you told us before we accepted your order that delivery within the delivery deadline was essential.
49. If you do not wish to treat the contract as at an end straight away, or do not have the right to do, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
50. If you do choose to treat the contract as at an end for late delivery, you can cancel your order for any of the goods or reject goods that have been delivered. If you wish, you can reject or cancel the order for some of those goods (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled goods and their delivery. If the goods have been delivered to you, you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection.
51. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery. If, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract.
52. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us or you or a carrier organised by you collect it from us. You own a product which is goods once we have received payment in full.
53. We may have to suspend the supply of a product to:
- deal with technical problems or make minor technical changes; or
- update the product to reflect changes in relevant laws and regulatory requirements.
54. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 1 month and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
55. If you do not pay us for the products when you are supposed to and you still do not make payment within 28 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments.
Your rights to end the contract
56. If you are ending a contract for a reason set out below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
- we have told you about an upcoming change to the product or these terms which you do not agree to;
- we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
- there is a risk that supply of the products may be significantly delayed because of events outside our control;
- we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 2 months; or
- you have a legal right to end the contract because of something we have done wrong.
57. For most products bought online you have a legal right to change your mind within 14 days and receive a refund. You do not have a right to change your mind in respect of:
- digital products after you have started to download or stream these;
- services, once these have been completed, even if the cancellation period is still running;
- products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
- sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them; and
- any products which become mixed inseparably with other items after their delivery.
58. Have you bought digital content for download or streaming? If so, you have 14 days after the day we email you to confirm we accept your order, or, if earlier, until you start downloading or streaming. If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.
59. Have you bought services? If so, you have 14 days after the day we email you to confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
60. Have you bought goods? If so, you have 14 days after the day you (or someone you nominate) receives the goods, unless:
- Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.
- Your goods are for regular delivery over a set period. In this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the goods.
61. Even if we are not at fault and you do not have a right to change your mind, you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods or digital content is completed when the product is delivered, downloaded or streamed and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund reasonable compensation for the net costs we will incur.
How to end the contract
62. To end the contract with us, you can contact us using the contact details provided in these terms and conditions.
63. You can also end the contract by completing the online form which can be found here, or printing off the form and sending it to us by post.
64. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
65. We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop.
66. Where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
67. We will pay the costs of return:
- if the products are faulty or misdescribed; or
- if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
68. In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
69. We will refund you the price you paid for the products, including delivery costs if applicable, by the method you used for payment.
70. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind, if the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. In all other cases, your refund will be made within 14 days of your telling us you have changed your mind
Our rights to end the contract
71. We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
- you do not make any payment to us when it is due and you still do not make payment within 28 days of us reminding you that payment is due;
- you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products;
- you do not, within a reasonable time, allow us to deliver the products to you or collect them from us; or
- you do not, within a reasonable time, allow us access to your premises to supply the services.
72. If we end the contract in the situations set out above we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation.
73. We may write to you to let you know that we are going to stop providing the product. We will let you know at least 28 days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
If there is a problem with the product
74. If there are any problems with the products, please contact us on email@example.com.
75. We are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your legal rights.
76. This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
77. If your product is goods, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
- up to 30 days: if your goods are faulty, then you can get an immediate refund.
- up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
- up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
78. If your product is digital content, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
- if your digital content is faulty, you’re entitled to a repair or a replacement;
- if the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back; and
- if you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation.
- If your product is services, the Consumer Rights Act 2015 says you can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it; if you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable; and if you haven’t agreed a time beforehand, it must be carried out within a reasonable time.
79. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection.
Price and payment
80. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
81. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
82. When you must pay will be highlighted on the order pages.
83. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
84. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
Our responsibility for loss or damage
85. We are responsible to you for foreseeable loss and damage caused by us. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
86. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products; and in relation to defect products.
87. If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
88. If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
89. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
90. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.