BACKGROUND:

This agreement applies as between you, the User of this Web Site and TIMALLENMAGICIAN, the owner(s) of this Web Site.  Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these Terms and Conditions, you should stop using the Web Site immediately.

No part of this Web Site is intended to constitute a contractual offer capable of acceptance.  Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to you indicating that your order has been fulfilled and is on its way to you.

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 Web Site;
“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 Web Site;
“TIMALLENMAGICIAN” means Tim Allen, Magician, also trading as Mr Tim’s Magic;
“Service” means collectively any online facilities, tools, services or information that TIMALLENMAGICIAN makes available through the Web Site either now or in the future;
“Services” means the services available to you through this Web Site;
“Purchase Information” means collectively any orders, invoices, receipts or similar that may be in hard copy or electronic form;
“System” means any online communications infrastructure that TIMALLENMAGICIAN makes available through the Web Site either now or in the future.  This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“User” / “Users” means any third party that accesses the Web Site and is not employed by TIMALLENMAGICIAN and acting in the course of their employment; and
“Web Site” means the website that you are currently using (www.TimAllenMagician.co.uk), and any sub-domains of this site (e.g. subdomain www.TimAllenMagician.co.uk/contact) unless expressly excluded by their own terms and conditions.

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2. Age Restrictions
Persons under the age of 18 should use this Web Site only with the supervision of an Adult.  Payment Information must be provided by or with the permission of an Adult.
 

3. Business Customers
These Terms and Conditions do not apply to customers procuring Services in the course of business.  If you are a business customer, please consult our Business Terms and Conditions.
 

4. Intellectual Property
4.1 Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Web Site, 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 TIMALLENMAGICIAN, our affiliates or other relevant third parties.  By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
4.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by TIMALLENMAGICIAN.
 

5. Third Party Intellectual Property
5.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
5.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Web Site or unless given express written permission to do so by the relevant manufacturer or supplier.
 

6. Fair Use of Intellectual Property
Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
 

7. Links to Other Web Sites
This Web Site may contain links to other sites.  Unless expressly stated, these sites are not under the control of TIMALLENMAGICIAN or that of our affiliates.  We assume no responsibility for the content of such web sites 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 Web Site does not imply any endorsement of the sites themselves or of those in control of them.
 

8. Links to this Web Site
Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site www.TimAllenMagician.co.uk without prior permission.  Deep linking (i.e. links to specific pages within the site) requires the express permission of TIMALLENMAGICIAN.  To find out more please contact us by email or phone. Details on the Contact page of this Web Site.
 

9. Use of Communications Facilities
9.1 When using the enquiry form or any other System on the Web Site you should do so in accordance with the following rules:
9.1.1 You must not use obscene or vulgar language;
9.1.2 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;
9.1.3 You must not submit Content that is intended to promote or incite violence;
9.1.4 It is advised that submissions are made using the English language as we may be unable to respond to enquiries submitted in any other languages;
9.1.5 The means by which you identify yourself must not violate these terms of use or any applicable laws;
9.1.6 You must not impersonate other people, particularly employees and representatives of TIMALLENMAGICIAN or our affiliates; and
9.1.7 You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.
9.2 You acknowledge that TIMALLENMAGICIAN reserves the right to monitor any and all communications made to us or using our System.
 

10. Services and Availability
10.1 Whilst every effort has been made to ensure that all descriptions of Services available from TIMALLENMAGICIAN correspond to the actual Services, TIMALLENMAGICIAN is not responsible for any variations from these descriptions.  This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Services, not different Services altogether.
10.2 TIMALLENMAGICIAN does not represent or warrant that such Services will be available.  Availability indications are not provided on the Web Site.
 

11. Provision of Services
11.1 TIMALLENMAGICIAN shall use its best endeavours to provide the Services with reasonable skill and care.
11.2 Provision of all Services shall be subject to the terms and conditions pertaining directly to those Services.
11.3 TIMALLENMAGICIAN reserves the right to exercise discretion with respect to any alterations to Services under the provisions of this Clause 11.  Factors which may be taken into account in the exercise of this discretion include, but are not limited to:
11.3.1 Any use or enjoyment that you may have already derived from the Services;
11.3.2 Any characteristics of the Services which may mean that cessation of provision is impossible without significant further work on the part and at the expense of TIMALLENMAGICIAN.
Such discretion to be exercised only within the confines of the law.
 

12. Privacy
Use of the Web Site 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.
 

13. Disclaimers
13.1 TIMALLENMAGICIAN makes no warranty or representation that the Web Site 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, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service or Services.
13.2 No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
13.3 No part of this Web Site is intended to constitute a contractual offer capable of acceptance.
 

14. Changes to the Service and these Terms and Conditions
TIMALLENMAGICIAN reserves the right to change the Web Site, its Content or these Terms and Conditions at any time.  You will be bound by any changes to the Terms and Conditions from the first time you use the Web Site following the changes.  If TIMALLENMAGICIAN is required to make any changes to Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
 

15. Availability of the Web Site
The Service is provided “as is” and on an “as available” basis.  We give no warranty that the Service will be free of defects and / or faults.  To the maximum extent permitted by law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
TIMALLENMAGICIAN accepts no liability for any disruption or non-availability of the Web Site 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 censorship.
 

16. Limitation of Liability
16.1 To the maximum extent permitted by law, TIMALLENMAGICIAN accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.
16.2 Nothing in these Terms and Conditions excludes or restricts TIMALLENMAGICIAN’s liability for death or personal injury resulting from any negligence or fraud on the part of TIMALLENMAGICIAN.
16.3 Nothing in these Terms and Conditions  excludes or restricts TIMALLENMAGICIAN’s liability for any direct or indirect loss or damage arising out of the incorrect provision of Services or out of reliance on incorrect information included on the Web Site.
16.4 Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, 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.
 

17. 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.
 

18. 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.
 

19. Notices
All notices/ communications shall be given to us by email to admin@TimAllenMagician.co.uk.  Such notice will be deemed received on 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.
 

20. Law and Jurisdiction
These terms and conditions and the relationship between you and TIMALLENMAGICIAN shall be governed by and construed in accordance with the Law of England and Wales and TIMALLENMAGICIAN and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.