Welcome to our website https://perfecttimingwatches.com. These terms and conditions apply to all users of the https://perfecttimingwatches com, a website owned and operated by Autochron Ltd (‘Perfect Timing’, Perfect Timing Watches’, ‘Autochron’, ‘Autochron Ltd’, ‘we’, ‘us’ or ‘our’) and referred to as the ‘Website’ for the remainder of this document. By using any part of the Website, registering, placing an order, submitting a comment or entering a competition, you agree to be bound by these terms and conditions.
Please note that these terms and conditions may be amended or updated at any time and without notice. If you have any queries concerning our conditions of service please email email@example.com or call 01243 779 310before placing an order.
Please note that these terms and conditions may be amended or updated at any time and without notice. If you have any queries concerning our conditions of service please email firstname.lastname@example.org or call 01243779310 before placing an order.
The Website may contain links to third-party websites that are not owned or controlled by Perfect Timing. We have no control over and assume no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Perfect Timing will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Perfect Timing from any and all liability arising from your use of any third-party website.
These Terms tell you the terms and conditions on which we supply any of the products (“Products”) listed on our website to you. The following terms and conditions apply when you order Products from our site. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
If you find yourself unable to agree to these terms and conditions please do not use our ordering service and we ask that you do not proceed to purchase any Products listed on the site.
You will be required to confirm that you accept these terms and conditions when you order any Products from our site. Please click on the relevant button at the point of registration if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site
INFORMATION ABOUT US
perfecttimingwatches.com is a site operated by Perfect Timing (“we”). Our company number is 4224142 and our registered office is at Rowan House, 93 Aldwick Road Bognor Regis PO21 2NW. Our main trading address is 71 South Street Chichester West Sussex PO19 1EE. Our VAT number is 446 7832 18
Our site is only intended for use by people who require delivery on the UK Mainland. Although we are happy to supply products elsewhere, additional delivery charges may apply. If you are not on the UK mainland, please give us a call so we may calculate the delivery charges for you to consider before proceeding with an order. Please note we do not deliver internationally.
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
By placing an order you agree to the terms and conditions here stated. All orders are subject to acceptance by us, availability and confirmation of the order price through an email. We will confirm such acceptance to you by sending you an e-mail that contains a VAT invoice and confirmation of our acceptance of your order (the “Order Acceptance”). The contract between us (“Contract”) will only be formed when we confirm the dispatch of items ordered.
The Contract will relate only to those Products whose dispatch we have confirmed in the Order Acceptance. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Order Acceptance.
In order to purchase goods or services from this Website, you must be over 18 years of age and have a valid debit or credit card. In placing an order you warrant that all details provided by you are true and accurate, that you are the authorized user of the credit or debit card used to place the order, and that sufficient funds are available to complete the order. Perfect Timing retains the right to refuse any order made by you.
Cancellations: Under the Consumer Protection Regulations, you have the right to cancel your order with us at any time within 7 days of receiving your goods. In the event we are unable to deliver your order within our standard delivery timescales you are entitled to cancel your order with no penalty. Should you cancel the contract we will then refund you the price you have paid for the goods, this will not include delivery charge if you have canceled after your order has been dispatched, also not a service provided by us, such as a special delivery service. You are under a duty to take reasonable care of the goods, which means the goods must be unused. Please contact our Head Office should you wish to cancel your order.
AVAILABILITY AND SHIPPING
Pricing and availability: All prices for goods and services on this Website are displayed in £ sterling, and are inclusive of VAT. Delivery charges may be applied on a per order basis – the total cost of your order will include the cost of goods and delivery charges minus any promotional discount (if applicable). All prices displayed are subject to change without warning.
Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Acceptance.
Once a sale item has sold out it is no longer available to order in at the sale price. Some items are reduced due to the condition of the stock these items are still in full working order but may have some minor marks/damage.
Some sale items may not come with the warranty card enclosed, however, the receipt is proof of purchase and validates the warranty.
Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an Order Acceptance if the pricing error is due to a technical fault or is obvious and unmistakable and could have reasonably been recognised by you as a mispricing.
Shipping: Despatch times may vary and are subject to the availability of stock. You should also factor in any additional time required to complete the requested services (such as bracelet re-sizing). Our delivery guarantees are limited to the mainland UK and may be subject to delays outside of our control. We will not be held responsible for services supplied by third parties or delays within the postal network. We will endeavor to deliver an order within the agreed period, but we cannot be held liable for any loss caused by late delivery. If we do deliver late you are not entitled to regard this as a breach of contract.
Even though packages are sent via secure insured courier service on rare occasions we do experience losses whilst in transit. If this occurs please allow 10 days for the package to arrive from the date of despatch. Please be aware that if we are not contacted within 30 days, an insurance claim cannot be made, and thus the customer will be unable to claim any loss from Perfect Timing.
All deliveries will be made to you at the addresses specified by you in the order. We may, at our discretion and expense, deliver parts of your order separately. If we cannot deliver the products to you at the address you have specified for any reason (other than when we are at fault), we will notify you and store the products. We will contact you to deliver at a later date or return the goods to stock and deliver similar goods later. If we do not hear from you within 28 days, we will cancel the order and refund your payment to you less any reasonable delivery charges we have incurred.
A signature will be required to receive the order and you will be responsible for the products as soon as they are delivered. Ownership of the Products shall pass to you once we have received payment in full. If you decide to have your order delivered to a different address than your own, a signature will still be required and the general conditions of delivery will remain unchanged.
6. RISK AND TITLE
The Products will be at your risk from the time of delivery. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of:
6.1 such Products (including delivery charges) and
6.2 all other sums which are or which become due to us from you for sales of Products (including delivery charges) through our Website.
6.3 not remove, deface or obscure any identifying mark or packaging on or relating to such Products.
6.4 If before title to Products passes to you:-
6.4.1 you fail to pay any amount due to us for Products on the due date for payment or
6.4.2 you suspend or threaten to suspend, payment of your debts or you are or are deemed to be insolvent, bankrupt, unable to pay your debts as they fall due for payment, or you admit inability to pay your debts or are deemed unable to pay your debts within the meaning of section 123 of the Insolvency Act 1996, or you commence negotiations with all or any class of your creditors with a view to rescheduling any of your debts, or you enter into any composition or arrangement with your creditors generally or
6.4.3 an order is made, a resolution is passed, or a notice is issued convening a meeting for the purpose of passing a resolution, or any analogous proceedings are taken, for your winding-up, administration or dissolution or
6.4.4 any liquidator, trustee in bankruptcy, receiver, administrative receiver, administrator, or similar officer is appointed over, or in respect of, you or any part of your business or assets
then without limiting any other right or remedy that we may have, we may at any time require you to deliver up such Products and, if you fail to do so promptly, we may enter any of your premises where the relevant Products are stored in order to recover them.
Payment: Upon receiving your order we will conduct standard pre-authorization checks on your payment card to ensure that sufficient funds are available to fulfill the transaction.
All credit, debit, and charge cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery. In addition, in the interests of preventing fraudulent use of credit, debit and charge cards, will validate the names, addresses, and other information supplied during the order process against commercially available records (e.g. Electoral Roll data, Credit Reference Services). A third party may also be instructed to complete these checks. By ordering from perfecttimingwatches.com website you consent to such checks being made. We may need to contact you by letter, telephone, or email to verify details before we are able to process and dispatch your order, or we may be unable to accept your order. Any information given may be disclosed to a registered Credit Reference Agency which may keep a record of the information. All information provided will be treated in accordance with the Data Protection Act 1998. These measures are taken as extra protection for you, to ensure your online shopping experience with us is as safe and secure as possible. Should you have any cause for complaint, you should return the item to Perfect Timing, 71 South Street Chichester PO19 1EE, or email email@example.com also send a copy of the guarantee and receipt. Perfect Timing will then implement full remedial work at no expense to you. The guarantee is not transferable and does not affect your statutory rights. For further information please contact firstname.lastname@example.org or phone on 0141 221 0121 Tuesdays to Saturdays between 10am and 5pm.
7.5 Payment for all Products ordered through the website must be by credit or debit card. We accept payment with, Mastercard, Visa, Visa Electron, and Visa Debit. Your card will be debited/charged once your order has been confirmed.
8. OUR LIABILITY
8.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
8.2 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased.
8.3 This does not include or limit in any way our liability:
8.3.1 Under section 2(3) of the Consumer Protection Act 1987
8.3.2 For fraud or fraudulent misrepresentation or
8.3.3 For any matter for which it would be illegal for us to exclude, or attempt to exclude our liability.
8.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but not limited to:
8.4.1 loss of income or revenue
8.4.2 loss of business
8.4.3 loss of profits or contracts
8.4.4 loss of anticipated savings
8.4.5 loss of data, or
8.4.6 waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise provided that this condition 8.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of condition 8.1 or 8.2 or any other claims for direct financial loss that are not excluded by any of categories in condition 8.4.
9. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
10.1 Save as set out in these terms, all notices given by you to us must be given to email@example.com We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
11. TRANSFER OF RIGHTS AND OBLIGATIONS
11.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
11.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
11.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
12. EVENTS OUTSIDE OUR CONTROL
12.1 We will not be liable or responsible for any failure to perform or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
12.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
12.2.1 Strikes, lock-outs or other industrial action.
12.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
12.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic, or another natural disaster.
12.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
12.2.5 Impossibility of the use of public or private telecommunications networks.
12.2.6 The acts, decrees, legislation, regulations or restrictions of any government.
12.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
13.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
13.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
13.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with condition 12.
14.1 If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
15. ENTIRE AGREEMENT
15.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
15.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
15.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
16. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
16.1 We have the right to revise and amend these terms and conditions from time to time.
16.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Order Acceptance (in which case we have the right to assume that you have accepted the change to the terms and conditions unless you notify us to the contrary within seven working days of receipt by you of the Products).
17. LAW AND JURISDICTION
17.1 Contracts for the purchase of Products through our site 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) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
18. OUR COMMITMENT TO HALLMARKING
When it comes to manufacturing jewellery and silverware, precious metals (silver, palladium, gold and platinum) are rarely used in their purest form. Instead they are usually alloyed with lesser metals to achieve a desired strength, durability, and colour.
It is not possible to detect the precious metal content of an item by sight or by touch. It is, therefore, a legal requirement to have items consisting of silver, palladium, gold or platinum independently tested and then hallmarked before they can be described as such. Items must bear a hallmark at point of sale, subject to the following weight exemptions:
Silver: mandatory for items above 7.78 grams; gold: mandatory for items above 1 gram; palladium: mandatory for items above 1 gram; platinum: mandatory for items above 0.5 grams.
Registered with London Assay Office, ensuring our precious metal jewellery is compliant with the UK’s hallmarking regulations. All stock is subject to an internal confirmation process to ensure it meets the UK’s hallmarking regulations before it is dispatched to our customers.
For articles that are below the UK hallmarking Act’s mandatory weight for hallmarking Perfect Timing operates a separate due diligence process which involves periodic voluntary testing of items that fall below the mandatory weight to ensure they meet the minimum fineness requirement.
We are an Assay Assured Jewellery Retailer. Assay Assured status is only given to retailers who have been independently audited and verified by Assay Assured which is run and overseen by the London Assay Office, and ensures that all precious metal jewellery (except items exempt by weight) are independently tested and hallmarked.
This agreement applies as between you, the User of this Website and Perfect Timing, the owner of this Website. Your agreement to comply with and be bound by 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:
“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;
“Perfect Timing” / “we” means the owner of this website
“Service” means collectively any online facilities, tools, services or information that we make available through the Website either now or in the future;
“System” means any online communications infrastructure that we make available through the Website 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 Website and is not employed by Perfect Timing and acting in the course of their employment; and
“Website” means the website that you are currently using (perfecttimingwatches.com) and any sub-domains of this site unless expressly excluded by their own terms and conditions.
2. Intellectual Property
Autochron Ltd are the owners of the copyright of this site and all the content displayed within this website, unless uploaded by Users, including without limitation, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, interactive features, underlying code and software is our property or that of our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable to the United Kingdom and International intellectual property and other relevant laws.
Such Content is provided for your information and personal use only and may not be used for the purposes of a business or commercial enterprise. You are not permitted to publish, manipulate, distribute or otherwise reproduce any of the content supplied to you or that appears on this Website without prior written permission. The permission to reproduce Autochron Ltd press releases does not extend to any material on this website which is identified as being the copyright of a third party. No right, title or interest in any downloaded materials or software is transferred to you by such downloading. You may not make any other use of material on this site (including reproductions, publication, alteration, distribution, broadcast or any other exploitation except as above) without our written permission.
This site contains several trademarks and service marks that are owned our affiliates and are used here under a valid license agreement. You are not authorized to copy, modify or reproduce them without their respective owner’s permission.
3. Links to Other Websites
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Perfect Timing 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 any endorsement of the sites themselves or of those in control of them.
Those wishing to place a link to this Website on other sites may do so only to the home page of the site without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of Perfect Timing. To find out more please contact us by email at firstname.lastname@example.org
Perfect Timing the Jeweller does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Perfect Timing website or featured in any banner or other advertising, and Perfect Timing will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and images of third party products, services and/or locations featured on this Website are in no way associated, linked or affiliated with Perfect Timing and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services
6.1 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, 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.
6.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
6.3 Whilst we use reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.
7. Availability of the Website and Modifications
7.1 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 the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
7.2 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 censorship.
7.3 We reserve the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, the products and/or services available. These Terms and Conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
Neither Autochron Ltd nor any of its directors, employees or agents will be liable for damages arising out of or in connection with the use of this site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss or damage to property and claims of third parties.
Autochron Ltd does not exclude any liability for death or personal injury resulting from its negligence or the negligence of its directors, employees or agents. Autochron Ltd cannot be responsible for any losses you may incur in transmitting information to us by internet link or by e-mail. Any such loss shall not be borne either wholly or partly by us, and shall be entirely your responsibility.
8. Limitation of Liability
8.1 To the maximum extent permitted by law, we accept 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 Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.
8.2 Nothing in these terms and conditions excludes or restricts liability for death or personal injury resulting from any negligence or fraud on its part.
8.3 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. However, 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.
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law Perfect Timing and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties, and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or linked sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Perfect Timing liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
9.1 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.
10. Previous Terms and Conditions
10.1 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.
11. Third Party Rights
11.1 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 Perfect Timing.
12.1 All notices / communications shall be sent to us either by post to our Premises (see address above) or by email to email@example.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.
13. Law and Jurisdiction
13.1 These terms and conditions and the relationship between you and Perfect Timing shall be governed by and construed in accordance with the Law of the United Kingdom and you agree to submit to the exclusive jurisdiction of the Courts of United Kingdom
You agree to comply with the above-stated terms and conditions. Should you break these terms, or incur liabilities as a consequence of using this Website, you will be responsible for the costs and expenses that we incur as a result of such breach including reasonable legal fees (if applicable). You will remain liable if someone else uses your account or personal information unless you can prove such use was fraudulent.