TERMS AND CONDITIONS
BACKGROUND:
This agreement applies as between you, the User of this Web
Site and <>, 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.
1.
Definitions and Interpretation
In this Agreement the following terms shall have the following
meanings:
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"Content"
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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;
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"<>"
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means<> <>;
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"Service"
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means
collectively any online facilities, tools, services or information that <> makes available through the Web Site
either now or in the future;
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"Premises"
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Means
our place(s) of business located at >;
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"System"
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means any online
communications infrastructure that <>
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;
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"User"/"Users"
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means any third party that
accesses the Web Site and is not employed by <>
and acting in the course of their employment; and
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"Web
Site"
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means the website that you
are currently using (<>) and any
sub-domains of this site (e.g. subdomain.<>)
unless expressly excluded by their own TERMS AND CONDITIONS.
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2.
Intellectual Property
2.1
Subject to the exceptions in Clause 3 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
<>, 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.
2.2
Subject to Clause 4 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 <>.
3.
Third Party Intellectual Property
3.1
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.
3.2
Subject to Clause 4 or 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.
4.
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.
5.
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 <> 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.
6.
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 <> without
prior permission. Deep linking (i.e. links to specific pages within the site)
requires the express permission of <>. To
find out more please contact us by email at <> or <>.
7.
Use of Communications Facilities
7.1
When using the enquiry form or any other System on the Web Site you
should do so in accordance with the following rules:
7.1.1
You must not use obscene or vulgar language;
7.1.2
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;
7.1.3
You must not submit Content that is intended to promote or incite
violence;
7.1.4
It is advised that submissions are made using the <> language(s) as we may be unable to respond to enquiries submitted
in any other languages;
7.1.5
The means by which you identify yourself must not violate these terms of
use or any applicable laws;
7.1.6
You must not impersonate other people, particularly employees and
representatives of <> or our affiliates; and
7.1.7
You must not use our System for unauthorised mass-communication such as
"spam or "junk mail.
7.2
You acknowledge that <> reserves
the right to monitor any and all communications made to us or using our System.
7.3
In order to use the enquiry form and any other communication facility
that may be added in the future on this Web Site, you
are required to submit certain personal details. By continuing
to use this Web Site you represent and warrant that:
7.3.1
Any information you submit is accurate and truthful; and
7.3.2
You will keep this information accurate and up-to-date.
8.
Privacy
Use of the Web Site is also governed by our <> which is incorporated into these TERMS AND CONDITIONS
by this reference. To view the Privacy Policy, please click on the link above.
9.
Disclaimers
<> 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 Services.
9.2
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.
9.3
No part of this Web Site is intended to constitute a contractual offer
capable of acceptance. No goods and / or services are sold through this Web
Site and product and / or service details are provided for information
purposes only
9.4
Whilst every effort has been made to ensure that all graphical
representations of products and / or descriptions of services available from <> correspond to the actual products and / or services, <>
is not responsible for any variations from these descriptions.
9.5
<> does not represent or warrant that such products
and / or services will be available from us or our Premises. For this reason,
please contact us prior to visiting if you wish to enquire as to the
availability of any products and / or services. Any such enquiry does not give
rise to any express or implied warranty that the products and / or services
forming the subject matter of your enquiry will be available upon your arrival
at our Premises.
9.6
All pricing information on the Web Site is correct at the time of going
online. <> reserves the right to change prices and alter or
remove any special offers from time to time and as necessary. All pricing
information is reviewed and updated every <>.
10.
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 the law we provide no warranties
(express or implied) of fitness for a particular purpose, accuracy of
information, compatibility and satisfactory quality.
<> 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.
11.
Limitation of Liability
11.1
To the maximum extent permitted by law, <>
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.
11.2
Nothing in these TERMS AND CONDITIONS excludes or restricts <>’s liability for death or personal injury
resulting from any negligence or fraud on the part of <>.
11.3
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.
12.
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.
13.
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.
14.
Notices
All notices / communications shall be given to us either by
post to our Premises (see address above) or by email to <>. 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.
15.
Law and Jurisdiction
These TERMS AND CONDITIONS and the relationship between you
and <> shall be governed by and construed
in accordance with the Law of England and Wales and <> and you agree to submit to the exclusive jurisdiction of the Courts
of England and Wales.