Terms and Conditions

This page (together with the documents referred to herein) constitutes the Terms of Use on which you may make use of our website criticalsituations.co.uk ("Site") or any application we make available via a mobile application store or otherwise ("Service"), whether as a guest or a registered user.  Please read these Terms of Use carefully before you start to use our Site or Service.  By accessing our Site or by using our Service, you indicate that you accept these Terms of Use and that you agree to be legally bound by them.  If you do not agree to these Terms of Use, please do not use or access our Site, or use or access our Service.

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1. INFORMATION ABOUT US

criticalsituations.co.uk is a website operated by Critical Situations Ltd ("we", “our”, "us" or "Critical Situations"), Critical Situations is a trading name of Critical Situations Ltd, a limited company, registered in England (No. 15059909).  Registered office: Suite 9704, 182-184 High Street North, London, E6 2JA. Critical Situations is a business that provides and delivers bespoke paintball related goods and services to its customers. 

 

2. ACCESSING OUR SITE AND SERVICE

Access to our Site and Service is permitted on a temporary basis, and we reserve the right to withdraw or amend access to our Site or Service without notice.  We will not be liable if, for any reason, our Site or Service is unavailable at any time or for any period.  From time to time, we may restrict access to some parts of our Site or Service, or our entire Site or Service.  You are responsible for maintaining the confidentially of your login details and any activities that occur on your account.  If you have any concerns about your login details or think they have been misused, you should contact info@criticalsituations.co.uk immediately and without undue delay.  

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3. ACCEPTABLE USE

You may use our Site and Service only for lawful purposes.  You may not use our Site or Service in any way that breaches any applicable local, national or international law or regulation or to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as set out in clause 5.  You also agree not to access without authority, interfere with, damage or disrupt any part of our Site or Service, or any network or equipment used in the provision of our Site or Service.  

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4. INTERACTIVE FEATURES OF OUR SITE AND SERVICE

We may from time to time provide certain features which allow you to interact through our Site or Service, such as chat rooms.  Generally, we do not moderate any interactive features we provide although we may remove content in contravention of these Terms of Use as set out in clause 5.  

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5. CONTENT STANDARDS

These content standards apply to any and all material you contribute to our Site or Service ("Contributions"), and to any interactive features associated with it.  You must comply with the spirit of the following standards as well as the explicit terms set out herein.  The standards apply to all parts of your Contributions.  Contributions must be accurate (where they state facts), be genuinely held (where they state opinions) and comply with all applicable statutes and regulations.  Contributions must not:

1. contain any material which is defamatory of any person, obscene, offensive, hateful or inflammatory, promote sexually explicit material or promote violence or promote discrimination based on race, gender, religion, nationality, disability, sexual orientation or age;

2. infringe any copyright, database right or trademark of any other person;

3. be likely to deceive any person or be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence or promote any illegal activity;

4. be threatening, abusive or invade another's privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person;

5. be used to impersonate any person, or to misrepresent your identity or affiliation with any person or give the impression that they emanate from us, if this is not the case; or

6. advocate, promote or assist any unlawful act(s). 

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6. SUSPENSION AND TERMINATION

Failure to comply with clause 3 (Acceptable Use) and/or clause 5 (Content Standards) in these Terms of Use constitutes a material breach of these Terms of Use, and may result in us taking any or all of the following action(s):

1. immediate and without notice, temporary or permanent withdrawal of your right to use our Site or Service;

2. immediate and without notice, temporary or permanent removal of any Contribution or material uploaded by you to our Site or Service;

3. issuing you with a formal warning;

4. legal action against you, including but not limited to, proceedings to recover any damages, administrative and legal costs arising from the breach;

5. disclosure of such information to law enforcement agencies as we reasonably feel is necessary or are required to do so by law. 

The responses described in this section are not limited, and we may take any other action we reasonably deem appropriate.  

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7. INTELLECTUAL PROPERTY RIGHTS

We are the owner of, or the licensee of, all intellectual property rights on our Site and Service, including the material published on it.  Those works are protected by copyright laws and treaties around the world.  All such rights are reserved.  You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use any content on our Site or Service in any way.  

 

We also reserve the rights to all the designs, solutions and specifications featured in full, and hereby restrict their use for commercial purposes.  Businesses or individuals who choose to imitate or copy these, in any way, or otherwise distribute or copy the same, without our explicit written consent, will be swiftly and robustly prosecuted and liable to pay us the sum of £100,000.

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8. RELIANCE ON INFORMATION POSTED

Commentary and other materials posted on our Site or Service are not intended to amount to advice on which reliance should be implied.  We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Site or Service, or by anyone who may be informed of any of its contents.  

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9. OUR SITE AND SERVICE CHANGE REGULARLY

We aim to update our Site and Service regularly, and may change the content at any time.  If the need arises, we may suspend access to our Site and/or Service, or close them indefinitely.  Any of the material on our Site or Service may be out of date at any given time, and we are under no obligation to update such material.  

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10. OUR LIABILITY

We have taken every care in the preparation of our Site and Service.  However, we will not be responsible for any errors or omissions in relation to such content or for any technical problems you may experience with our Site or Service.  If we are informed of any inaccuracies on our Site or Service, we will attempt to correct these as soon as we reasonably can.  To the extent permitted by law, we exclude all liability (whether arising in contract, in negligence or otherwise) for any loss or damage that you or any third party may incur in connection with our Site, Service, or any website linked to our Site or Service, and any materials posted therein.

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Products sold by us may be subject to legal restrictions under the laws and regulations of your jurisdiction.  We ensure that all products supplied by us comply strictly with the laws and regulations applicable in our locality.  It is the sole responsibility of the customer to ascertain and comply with all laws and regulations applicable in their jurisdiction regarding the possession, use, and modification of our products.  We expressly disclaim any liability for any claims, damages, or losses arising from any unlawful modification, possession, or use of the products purchased from us.  By proceeding to purchase our products, you acknowledge and agree to assume all risks and responsibilities associated with their legal status in your jurisdiction.

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Critical Situations shall not be held liable or deemed to be in breach of the contract for any delay or failure to perform its obligations hereunder to the extent that the delay has been caused or fulfilment of its obligations to the Purchaser have been prevented hindered or delayed by force majeure as herein defined.
For the purpose of this condition force majeure shall mean any circumstances beyond the control of Critical Situations and shall include without prejudice to the generality of the foregoing;

(a) acts of God, perils of the sea or air, riots, civil commotion, war, rebellion, national or international emergency, strikes, lockouts, work to rule, overtime bans or other labour disputes;

(b) destruction or damage due to natural causes, floods, fire, explosions, breakdown of machinery, sabotage or embargo;

(c) any order of a local, national or international authority;

(d) shortage of labour, equipment, materials or supplies;

(e) any failures, delays or lack of communication by the Purchaser.

If we are prevented from delivering part of the Goods or performing part of the Services by reason of any of the causes specified in the preceding condition, we may at our option deliver or perform and the Purchaser shall take and pay for such part of the Goods or Services as Critical Situations shall be able to deliver or perform in accordance with the contract.

  

11. UNDELIVERED ORDERS

Notwithstanding our efforts to ensure timely and accurate delivery of goods ordered from our Site, there may be occasions when orders are returned to us undelivered due to factors outside of our control.  Such factors include, but are not limited to; unpaid customs duties or taxes, incorrect delivery addresses provided by the customer, recipient unavailability, natural disasters (e.g., floods, earthquakes), severe weather conditions, acts of God, civil unrest, strikes, lockouts or other labour disputes, acts of war, and disruptions in transportation networks.

 

In such cases, we will make reasonable efforts to contact the customer to inform them of the undelivered order. The customer will be liable for paying all additional fees associated with reshipping the order.  This payment must be made promptly, and in any event within 14 days, upon receiving our notification.  If the customer fails to make this payment, or if no response is received within a reasonable period, which shall not exceed 14 days from our initial contact attempt, we reserve the right to cancel the order.

 

Upon cancellation under these circumstances, no refund will be issued for any payments already made by the customer.  This reflects the costs incurred by us in, manufacturing, handling, shipping, and processing the order and its return.  Customers are therefore strongly encouraged to ensure that all provided shipping information is accurate and to be available to manage any customs or delivery obligations promptly.

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12. DUTIES AND TAXES

Customers are responsible for the payment of any and all duties, taxes, and other governmental charges that may be imposed on their orders.  These charges depend on the delivery location and are beyond our control. The price displayed for goods on our Site does not include any such duties or taxes, which must be borne by the customer.

 

Customers must ensure they are familiar with the applicable customs policies and tax regulations of their country or the destination country of their orders.  Failure to pay these duties or taxes may result in the non-delivery of an order. In such cases, the provisions of clause 11 shall apply.

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13. INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE AND USE OF OUR SERVICE

We collect certain data about you when you use our Site or Service.  This is set out in more detail in our Privacy Policy.  

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14. UPLOADING MATERIAL TO OUR SITE AND SERVICE

Any material you upload to our Site or Service or data we collect as set out in clause 13, will be considered non-confidential and non-proprietary, and you acknowledge and agree that we have the right to use, copy, distribute, sell and disclose to third parties any such material or data for any purpose related to our business.  To the extent that such material is protected by intellectual property rights, you grant us a perpetual, worldwide, royalty-free licence to use, copy, modify, distribute, sell and disclose to third parties any such material or data for any purpose related to our business.

  

15. LINKS ON OUR SITE AND SERVICE

Where our Site or Service contains links to other sites and resources provided by third parties, these links are provided for your information only.  We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. 

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16. JURISDICTION AND APPLICABLE LAW

The courts in England will have jurisdiction over any claim arising from, or related to, your use of our Site or Service. These Terms of Use and any dispute or claim arising out of, or in connection with them or their subject matter or formation, including non-contractual disputes or claims, shall be governed by and construed in accordance with the law of England. 

 

17. VARIATIONS

We may revise these Terms of Use at any time by amending this page.  You are expected to check this page from time to time to take note of any changes we make, as they are binding on you.  

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18. INDEMNITY AND DISCLAIMER

1. You agree to indemnify, defend, and hold harmless Critical Situations from any and all claims, liabilities, expenses, and damages, including reasonable legal fees and costs, made by any third party related to your use of the Site in violation of these Terms of Use or your violation of any law or the rights of a third party.

2. The use of our products, including but not limited to paintball markers, upgrades, and accessories, is undertaken at your own risk.  By purchasing and using our products, you acknowledge and accept that paintball activities involve inherent risks, including but not limited to physical injuries, property damage, and other related hazards.  

3. Critical Situations and its affiliates, employees, and agents shall not be held liable for any injuries, whether physical or psychological, resulting from the use or misuse of our products.  This includes but is not limited to injuries sustained during paintball games, practice sessions, or any other activities involving our products.  

4. Critical Situations disclaims any responsibility for damage to personal property or third-party property arising from the use of our products.  Users are solely responsible for ensuring the safe and appropriate use of our products in accordance with all applicable laws, regulations, and safety guidelines.  

5. It is the responsibility of the user to ensure they have received proper training and possess the necessary skills to use our products safely.  Users should always follow the manufacturer’s instructions and safety warnings provided with each product.

6. We strongly recommend the use of appropriate safety equipment, such as masks, gloves, and protective clothing, when using our products.  Failure to use such equipment may increase the risk of injury.  

7. By purchasing and using our products, you acknowledge that you understand and voluntarily accept all risks associated with their use.  You agree to hold Critical Situations harmless from any claims or damages arising out of or connected to such use.

8. You agree to indemnify and hold harmless Critical Situations, its affiliates, employees, and agents from any claims, liabilities, damages, and expenses (including legal fees) arising from your use or misuse of our products. 

 

19.  YOUR CONCERNS

If you have any concerns about material which appears on our Site or Service, please contact info@criticalsituations.co.uk.