Our Full Terms & Conditions…

Below are our full Terms and Conditions of service.

Acceptance of Terms and Conditions

Use of this website is conditioned upon users’ acceptance of the terms and conditions contained herein. All users of this website hereby understand and agree that their use of such website constitutes acceptance of the terms and conditions set forth in this legal notice. Chirp-Protect (herein after collectively referred to as “Chirp”), reserve the right to modify the terms and conditions at any time without prior notice. If you do not agree to these terms, you may not use this website. The domain name chirp-protect.com is owned by TDR Solutions, Unit 1 Christchurch Business Park, Radar Way, Christchurch, BH23 4FL, United Kingdom.

 

Trademarks

This website contains trademarks, trade names, service marks, copyrights and or logos of Chirp and may also contain several protected marks of Chirp's numerous affiliates. Such marks remain the property of their respective owners. User recognises and acknowledges the ownership of these marks and understands that it does not acquire, through use of this website, any right, title, or interest in the marks. User agrees that it will not change, modify and or exploit the marks, nor participate in any activity which modifies and or exploits such marks. All rights to these marks are reserved. Any use of the marks without expressed written authorisation is strictly prohibited.

 

Prohibited Use

Any use of this website for an illegal or objectionable purpose is strictly prohibited. User agrees that it will not use this website to engage in any activity that could be deemed illegal, harmful to others, or give rise to civil liability. Such activities include, but are not limited to: (i) activities involving the transmission of unlawful, threatening, harassing, obscene, sexually explicit, pornographic, hateful, profane, libellous, or defamatory information (ii) activities involving the transmission of junk mail or spamming (iii) activities involving the promotion or use of viruses (iv) activities that violate any law, regulation or statute and or (v) activities that infringe upon any legally protected property right, etc. By using this site, user agrees that any and all information transmitted to or with the use of this site cannot and shall not be deemed confidential or proprietary. Chirp reserves the right to monitor transmissions and investigate any alleged prohibited use of this website and to disclose any and all information relating to such prohibited use. Chirp, its officers, directors, affiliates, employees, agents, partners, subsidiaries and or contractors shall not assume, and expressly disclaims, any and all liability relating to an individuals illegal or prohibited use of this website. Any violation of this or any other section contained herein may result in termination of service and or any other action Chirp determines appropriate under the circumstances.

 

Third Party Relationships

This website may contain several links to other sites. These links are provided merely to assist the user. These sites are independent of Chirp's site and Chirp does not and cannot control the content and or representations of such sites. The information presented on these links may not necessarily reflect those beliefs held by Chirp. The inclusion of a link does not mean that Chirp accepts or endorses any of the content contained in such site. The user is responsible to protect himself-herself while associating with the linked site. Chirp, and its officers, directors, affiliates, employees, agents, partners, contractors and subsidiaries disclaim any and all responsibility or liability for content contained on such linked sites and will not be held accountable for any damages, of any kind, incurred by those who visit such sites.

 

Modifications

This website may contain typographical errors or technical inaccuracies. Chirp reserves the right to modify the content of this website at any time without prior notice. Chirp's failure to enforce any section of these terms and conditions shall not be considered as a waiver of such provision.

 

Severability

If one or more of the provisions contained in these terms and conditions are held to be unenforceable under applicable law, such provision shall be appropriately limited in its scope. If any such limitation is not feasible, such provision shall be excluded from these terms and conditions and the balance of these terms and conditions shall be enforceable.

 

Limitation of Liability

Chirp-Protect will not be liable for any indirect damage or loss of any physical product or profit, reduced customer goodwill or loss due to business interruption. Any risk or responsibility of loss, theft or damage to items used within the context of the Chirp-Protect system, shall pass to the Client when the Client (or a Client’s agent) comes into possession of the item.

 

Chirp-Protect makes no guarantees or assurances that its products will absolutely prevent theft or stop shoplifting. The Chirp-Protect systems are designed as a deterrent and neither Chirp-Protect, nor TDR-Solutions, will be liable for any physical or financial loss suffered while its products are in use.

 

RMAs and Returns

Chirp will not be held responsible for any damage/ loss incurred during transit when shipping is not being arranged by Chirp and/or one of its approved couriers.

 

Force Majeure

Notwithstanding any other provision set forth in these terms and conditions, Chirp shall not be liable for any failure or delay in its performance due to any cause beyond Chirp's reasonable control, including, without limitation, any act of war or civil insurrection, national emergencies, acts of God, fire, explosion, vandalism, storm, earthquake, flood, embargo, riot, sabotage, industry-wide strikes, lockouts, work stoppages or other labour difficulties, industry-wide supplier failures, unavailability of materials, rights of way or governmental acts provided, however, that Chirp shall use its commercially reasonable efforts to correct promptly such failure or delaying performance to the extent consistent with then applicable law and regulatory requirements and appropriate in light of then existing circumstances.

 

Indemnification

User hereby agrees to indemnify, defend, and hold harmless, Chirp, its officers, directors, affiliates, employees, contractors, subcontractors, agents, partners and subsidiaries from and against all claims, actions, suits, demands, costs and damages (including reasonable attorney’s fees) asserted by any third party as a result of user’s use of this website. Chirp has the right to control any defence pertaining to this section.

 

Relationship

Nothing in this Agreement is intended to or shall be considered to constitute or establish an agency, joint venture, partnership, or fiduciary relationship between the parties, and neither party shall have the right or authority to act for or on behalf of the other Party.

 

Anti-Harassment Policy

Chirp-Protect is committed to providing a positive working environment, irrespective of gender, race, sexuality, physical appearance or religion. We will not tolerate any form of harassment directed at any member of our team. If a customer is found to be engaging in any form of harassment then Chirp-Protect reserves the right to refuse service and terminate any contract or service agreement.

 

Governing Law

These terms and conditions shall be governed by, considered, and enforced in accordance with the laws of England and Wales, without regard to any choice of law principles.

 

Jurisdiction

User hereby agrees and irrevocably consents to submit to the exclusive jurisdiction and venue of the courts of England and Wales for any and all claims arising from the use of this web site.

 

Entire Agreement

These terms and conditions constitute the full and entire understanding and agreement between the parties pertaining to the subject matter and supersede in their entirety any and all written or oral agreements previously existing between the parties with respect to the subject matter.



Privacy Policy

The policy: This privacy policy notice is served by Chirp Protect under the website: www.chirp-protect.com. The purpose of this policy is to explain to you how we control, process, handle and protect your personal information through the business and while you browse or use this website. If you do not agree to the following policy you may wish to cease viewing / using this website, and or refrain from submitting your personal data to us.

Policy key definitions:

  • "I", "our", "us", or "we" refer to the business, [Chirp Protect or its parent company TDR Solutions].
  • "you", "the user" refer to the person(s) using this website.
  • GDPR means General Data Protection Act.
  • PECR means Privacy & Electronic Communications Regulation.
  • ICO means Information Commissioner's Office.
  • Cookies mean small files stored on a users computer or device.

Key principles of GDPR:

Our privacy policy embodies the following key principles; (a) Lawfulness, fairness and transparency, (b) Purpose limitation, (c) Data minimisation, (d) Accuracy, (e) Storage limitation, (f) Integrity and confidence, (g) Accountability.

 

Processing of your personal data

Under the GDPR (General Data Protection Regulation) we control and / or process any personal information about you electronically using the following lawful bases.

  • We are registered with the ICO under the Data Protection Register, our registration number is: COMING SOON!
  • Lawful basis: Consent
    Where our purpose for processing is: to fulfil orders placed by you
    Which is necessary because: you wish to use our product
    We process your information in the following ways: CRM, Accounts, Inventory Management, email contact via Mailchimp
    Data retention period: We will continue to process your information under this basis until you withdraw consent or it is determined your consent no longer exists.
    Sharing your information: We do not share your information with third parties.
  • Lawful basis: Legitimate interests
    Where our purpose for processing is: Because we feel our product could be of genuine value to you
    Which is necessary because: It can save you a lot of time and money
    We process your information in the following ways: via email campaigns, from which you can easily unsubscribe.
    Data retention period: We will continue to process your information under this basis until you withdraw consent or it is determined your consent no longer exists.
    Sharing your information: We do not share your information with third parties.

If, as determined by us, the lawful basis upon which we process your personal information changes, we will notify you about the change and any new lawful basis to be used if required. We shall stop processing your personal information if the lawful basis used is no longer relevant.


WHERE WE STORE YOUR DATA 
We use some third party websites to help process and fulfil customer orders, including shipstation.comhubspot.comgoogle drive and dearsystems.com. Please note that these websites are responsible for securely storing some customer data and have their own terms and privacy policies for which we do not accept any responsibility or liability. We never capture or hold customer payment information or account passwords.

 

Your individual rights

Under the GDPR your rights are as follows. You can read more about your rights in details here;

  • the right to be informed;
  • the right of access;
  • the right to rectification;
  • the right to erasure;
  • the right to restrict processing;
  • the right to data portability;
  • the right to object; and
  • the right not to be subject to automated decision-making including profiling.

You also have the right to complain to the ICO [www.ico.org.uk] if you feel there is a problem with the way we are handling your data.

We handle subject access requests in accordance with the GDPR.

 

Internet cookies

We use cookies on this website to provide you with a better user experience. We do this by placing a small text file on your device / computer hard drive to track how you use the website, to record or log whether you have seen particular messages that we display, to keep you logged into the website where applicable, to display relevant adverts or content, referred you to a third party website.

Some cookies are required to enjoy and use the full functionality of this website.

We use a cookie control system which allows you to accept the use of cookies, and control which cookies are saved to your device / computer. Some cookies will be saved for specific time periods, where others may last indefinitely. Your web browser should provide you with the controls to manage and delete cookies from your device, please see your web browser options.

 

Data security and protection

We ensure the security of any personal information we hold by using secure data storage technologies and precise procedures in how we store, access and manage that information. Our methods meet the GDPR compliance requirement.

 

Fair and transparent privacy explained

We have provided some further explanations about user privacy and the way we use this website to help promote a transparent and honest user privacy methodology.

 

Sponsored links, affiliate tracking & commissions

Our website may contain adverts, sponsored and affiliate links on some pages. These are typically served through our advertising partners; Google Adsense, eBay Partner Network, Amazon Affiliates, or are self served through our own means. We only use trusted advertising partners who each have high standards of user privacy and security. However we do not control the actual adverts seen / displayed by our advertising partners. Our ad partners may collect data and use cookies for ad personalisation and measurement. Where ad preferences are requested as 'non-personalised' cookies may still be used for frequency capping, aggregated ad reporting and to combat fraud and abuse.

Clickable sponsored or affiliate links may be displayed as a website URL like this; www.kingstrains.co.uk or as a titled text link like this: Second Hand Model Railway.

Clicking on any adverts, sponsored or affiliate links may track your actions by using a cookie saved to your device. You can read more about cookies on this website above. Your actions are usually recorded as a referral from our website by this cookie. In most cases we earn a very small commission from the advertiser or advertising partner, at no cost to you, whether you make a purchase on their website or not.

We use advertising partners in these ways to help generate an income from the website, which allows us to continue our work and provide you with the best overall experience and valued information.

If you have any concerns about this we suggest you do not click on any adverts, sponsored or affiliate links found throughout the website.

 

Email marketing messages & subscription

Under the GDPR we use the consent lawful basis for anyone subscribing to our newsletter or marketing mailing list. We only collect certain data about you, as detailed in the "Processing of your personal data" above. Any email marketing messages we send are done so through an EMS, email marketing service provider. An EMS is a third party service provider of software / applications that allows marketers to send out email marketing campaigns to a list of users.

Email marketing messages that we send may contain tracking beacons / tracked clickable links or similar server technologies in order to track subscriber activity within email marketing messages. Where used, such marketing messages may record a range of data such as; times, dates, I.P addresses, opens, clicks, forwards, geographic and demographic data. Such data, within its limitations will show the activity each subscriber made for that email campaign.

Any email marketing messages we send are in accordance with the GDPR and the PECR. We provide you with an easy method to withdraw your consent (unsubscribe) or manage your preferences / the information we hold about you at any time. See any marketing messages for instructions on how to unsubscribe or manage your preferences.

Our EMS provider is Mailchimp. We hold the following information about you within our EMS system;

  • Email address
  • I.P address
  • Subscription time & date

Resources & further information