TERMS OF SERVICE
Website Terms and Conditions
1. Acceptance of these Terms
1.1 Your access to and use of this website (“Website”), the content, information and any access to software contained or set out thereon, is subject to and in accordance with these terms and conditions (“Terms”) and on the basis that you will not use or access the Website for any purpose that is unlawful or prohibited by these Terms.
1.2 By using, visiting and/or accessing any part of the Website you agree that you fully accept and agree to these Terms which are deemed to incorporate any other conditions, notices, policies and disclaimers set out on the Website.
1.3 If you do not accept and agree to these Terms you must immediately stop using or accessing the Website and any software accessible through it.
The content and information set out on the Website does not constitute and is not intended to constitute, provide or give any advice or guidance to you or any third party in any way whatsoever.
3. Changes to the Website, content, software and services
3.1 We reserve the right, at our absolute discretion and without notice to you or any third party whatsoever, to:
3.1.1 change, alter, add to, modify, amend or remove (whether temporarily or permanently) the Website or any part of it and you confirm that we shall not be liable to you in any way whatsoever as a result of any such change, alteration, addition, modification or removal;
3.1.2 change, remove, amend or discontinue any use of or access to any software or service accessed or available on or through the Website at any time and you confirm that we shall not be liable to you or any other party whatsoever for any loss, costs, expenses, claims, proceedings or damages whatsoever and howsoever suffered or incurred by you as a result of any such change, removal, amendment or discontinuance; and
3.1.3 change, alter, amend, add to or modify these Terms at any time and, for the avoidance of doubt, your continued use of or access to the Website following any such change, alteration, amendment, addition or modification shall be deemed to be your acceptance of the same.
4. Links to third party websites
The Website may include links to third party websites that are not controlled, monitored and/or maintained by us. Any link to other websites from the Website is not and shall not in any way be construed or relied upon as an endorsement, approval or recommendation by us of such websites and/or any content or information contained therein and you acknowledge and agree that we are not responsible for the information or content and/or availability of any such websites.
5. Intellectual Property Rights
5.1 The Intellectual Property Rights (as defined in clause 5.4 below) in the Website including, but not limited to, the content, information, materials and software on or accessible through the Website, belong to us or our licensors.
5.2 The Website and the content, information, materials and software on or accessible through it and any Intellectual Property Rights therein may not be copied, distributed, published, licensed, used or reproduced in any way whatsoever (save to the extent strictly necessary for, and for the purposes of, accessing, visiting and using the Website) other than in accordance with these Terms.
5.3 Our logo and any other Intellectual Property Rights in respect of the content, information, layout, format and “look and feel” of the Website belongs to us and may not, under any circumstances whatsoever, be used, copied or reproduced in any way whatsoever by you or any third party without our prior written consent.
5.4 For the purposes of these Terms, “Intellectual Property Rights” shall mean (wherever and whenever arising and for the full term of each of them) any patent, trade mark, trade name, service mark, service name, design, design right, copyright, database right, moral rights, know how, trade secret and other confidential information, rights in the nature of any of these in any country, rights in the nature of unfair competition rights and rights to sue for passing off or any other similar intellectual or commercial right whatsoever (in each case whether or not registered or registrable) and registrations of, and applications to register, any of them.
6. Limitation of liability
6.1 The Website is provided and made available purely on an “as is” and “as available” basis without any representation or endorsement made by us and without warranty of any kind whatsoever, whether express or implied, including, but not limited to, the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
6.2 To the fullest extent permitted by law, we will not be liable for any indirect or consequential loss or damage whatsoever (including, without limitation, loss of business opportunity, data and/or profits) arising out of or in connection with the use of, inability to use or unavailability of the Website.
6.3 We make no representation or warranty that:
6.3.1 the functionality of or access to the Website will be uninterrupted or error free;
6.3.2 there will not be any defects, mistakes or errors in any information, content or software on the Website; or
6.3.3 the Website server that makes the Website available to you is free of viruses and/or anything else which may be harmful or destructive.
6.4 Nothing in these Terms shall be construed in such a way as to exclude or limit our liability for death or personal injury as a result of our negligence or that of any of its employees, consultants or agents.
You agree to indemnify and hold us and our employees, consultants and agents harmless from and against any and all loss, costs, expenses (including, but not limited to, legal expenses), claims, proceedings and damages in relation to any claims or actions brought against us arising out of any breach by you of these Terms or any other liabilities whatsoever arising out of your use of or access to the Website.
Headings in these Terms are included for convenience only and shall not affect their construction or interpretation.
If any provision or provisions of these Terms (or of any document referred to herein) is or at any time becomes illegal, invalid or unenforceable in any respect, then the legality, validity and enforceability of the remaining provisions of these Terms (or such other document) shall not be affected or impaired in any way thereby.
No failure to exercise, and no delay by us in exercising, any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in these Terms are cumulative and not exclusive of any rights or remedies otherwise provided by law.
11. Entire Agreement
These Terms (together with any documents expressly referred to in them) contain the entire agreement between you and us relating to the use of and access to the Website and any content, information and/or software available on it and supersede any previous agreements, arrangements, undertakings or proposals, whether written or oral, between you and us in relation to such matters. No oral explanation or information given by you or us shall alter the interpretation of these Terms. In agreeing to these Terms you confirm that you have not relied on any representations whatsoever other than those expressly stated in these Terms and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in these Terms.
12. Third parties
A person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of these Terms but this does not affect any remedy or right of any third party which exists or is available apart from that Act.
13. Applicable law and disputes
These Terms and any and all matters or disputes arising from or in relation to them shall be governed by and construed in accordance with the laws of England and Wales and we and you hereby agree to submit to the exclusive jurisdiction of the English courts. For the avoidance of doubt, you hereby agree that the place of performance of these Terms is England.