Conditions of Use
Introduction.Read the conditions of use on our website, if you don't agree or not happy with the conditions please do not use our website. Only users agreeing to our conditions listed here can use the website.
Changes to these Conditions.
We reserve the right to make changes to any part of the conditions of use at any point of time for any reason without prior notice, by visiting our website you agree to the modifications
The Services on Our Website.
We reserve the right to change Our Website and any or all of the services available on or through it at any time from time to time or to discontinue Our Website or any or all of the services available through it at any time. We make no guarantees that Our Website is available and free of bugs and other errors. We may suspend all or part of Our Website or your access to it from time to time, for various reasons, including, but not limited to, (i) maintenance procedures or repairs performed by us; (ii) equipment failures; (iii) congestion of the network; or (iv) interruption of telecommunication or digital transmission links. You acknowledge and agree that we are not liable for these periodic interruptions in Our Website.
1. You must not use Our Website: (a) for any unlawful purpose; (b) to harm, threaten, abuse or harass another person, or in a way that invades someone's privacy or is (in our reasonable opinion) offensive or is unacceptable or damaging to us or our Affiliates; (c) to create, check, confirm, update or amend your own or someone else's databases, records, directories, customer lists, mailing or prospecting lists; (d) to provide any kind of commercial information service; (e) as a source of material or contact data for any kind of marketing activity; (f) to tamper with, update or change any part of Our Website; (g) in a way that affects how Our Website is run; (h) in a way that imposes an unreasonable or disproportionably large burden on our communications and technical systems as determined by us; or (i) using any automated means, to monitor or copy Our Website or its Content, or to interfere with or attempt to interfere with how Our Website works.
2. You must not systematically extract and/or re-use any or all of Our Website or its Content without our express written permission (which may be granted or withheld in our absolute discretion). In particular (and without limiting the generality of the foregoing), you may not use any data mining, robots, or similar data gathering and extraction tools to extract for re-use (whether once or many times) all or a substantial part of Our Website.
3. We have the right to investigate your online activities for 'click-fraud' or any similar activity, and you agree to provide reasonable help with these matters. Except as expressly provided herein, we reserve all rights with respect to Our Website, and may pursue all legally available options under both civil and criminal laws (and may cooperate with law enforcement agencies) in the event of any violations.
4. You must not: (a) decompile, reverse engineer, disassemble, modify, reduce Our Website to human perceivable form or create derivative works based upon Our Website or any part thereof; (b) except to the extent permitted by law or under these Conditions, copy, modify, duplicate, frame, mirror, republish, download (other than for the purposes of page caching), display, transmit or reproduce any portion of Our Website in any form or by any means or exploit Our Website for commercial purposes, without our express written permission (which may be granted or withheld in our absolute discretion); (c) disable any licensing or control features of Our Website or in any way interfere with features which enforce limitations on use of Our Website; (d) introduce into Our Website any Malware; (e) merge Our Website with another program; (f) remove, obscure, or alter any notice of the copyright or other proprietary legends on Our Website; (g) sublicense, assign, translate, rent, lease, lend, resell for profit, distribute or otherwise assign or transfer access to Our Website to any third party not authorized under these Conditions; (h) use, or allow the use of, Our Website in contravention of any federal, state, local, foreign or other applicable law, or rules or regulations of regulatory or administrative organizations; (i) use ‘screen scraping’, any automated algorithm, device, method, system, software or manual process to access, use, search, copy, monitor or extract material (in whole or in part) from Our Website unless we have given our express written permission (which may be granted or withheld in our absolute discretion); (j) otherwise act in a fraudulent, illegal, malicious or negligent manner when using Our Website; or (l) use the information of other users of Our Website for the purposes of solicitation, advertising, unsolicited marketing, spam or harassment.
5. Disclaimer of Warranties; Limitation of Liability; Release.
>> OUR WEBSITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, DATA AND INFORMATION PROVIDED OR MADE AVAILABLE IN CONNECTION THEREWITH, ARE PROVIDED “AS IS.” YOU USE OUR WEBSITE AND ANY ONLINE FUNCTIONALITY OR TOOLS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE, OUR SERVICE PROVIDERS AND OUR AFFILIATES HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES, DECLARATIONS OR GUARANTEES REGARDING THESE CONDITIONS, OUR WEBSITE INCLUDING, WITHOUT LIMITATION: (A) ANY AND ALL EXPRESS AND IMPLIED CONDITIONS, TERMS AND/OR WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) ANY AND ALL IMPLIED WARRANTIES ARISING OUT OF A COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE; AND (C) ANY AND ALL OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT (WHETHER OR NOT ARISING FROM OUR, OR OUR AFFILIATES’ NEGLIGENCE).
>> OUR WEBSITE CONTAINS LIKS TO OTHER THIRD PARTY WEBSITES, WE DO NOT TAKE ANY RESPONSIBILITY FOR THE SERVICES OFFERED BY THEM AND WE DO NOT RECOMMEND OR CONTROL THEM IN ANYWAY. aC website contains links to other third party websites but we do not take responsibility for the services offered by them and we don't control them in anyway. Access to these sites will be at your own risk.
>> NEITHER WE, NOR OUR AFFILIATES, WARRANT THAT THE FUNCTIONS CONTAINED ON OUR WEBSITE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE, TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, BUT NOT LIMITED TO SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF ANY PURCHASES.
>> SOME JURISDICTIONS’ LAWS DO NOT ALLOW THE EXCLUSION OF AN IMPLIED WARRANTY, IN WHICH CASE ALL OR PART OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU, AND WE AND OUR AFFILIATES DISCLAIM TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR QUIET ENJOYMENT.
>> NEITHER WE, NOR OUR SERVICE PROVIDERS OR AFFILIATES, WILL BE LIABLE (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY) FOR: (a) LOSS OF REVENUES, LOSS OF ACTUAL OR ANTICIPATED PROFITS, LOSS OF ANTICIPATED SAVINGS, LOSS OF BUSINESS, LOSS OF OPPORTUNITY, LOSS OF GOODWILL, LOSS OF REPUTATION, LOSS OF, OR DAMAGE TO, OR CORRUPTION OF, DATA OR SOFTWARE, OR WASTED EXPENDITURE, IN EACH CASE WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL; or (b) ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES. THE AGGREGATE LIABILITY OF US AND OUR AFFILIATES TO YOU AND YOUR AFFILIATES IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW OR £100 (OR LOCAL EQUIVALENT CALCULATED ON A RECOGNISED EXCHANGE RATE CHOSEN BY US IN OUR SOLE DISCRETION), WHICHEVER IS THE GREATER. NOTHING IN THESE CONDITIONS EXCLUDES OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE; OR FOR FRAUD OR FRAUDULENT MISREPRESENTATION.
You shall indemnify, hold harmless and defend us, our Affiliates, our and our Affiliates’ directors, officers, employees, agents and subcontractors, our licensors and assigns from all claims, liabilities, losses, damages, settlements, costs and/or expenses, whether or not partially attributable to our negligence or that of our Affiliates, including reasonable attorneys' fees and expenses, and third party claims or liability (collectively, "Liabilities") arising out of or in connection with: (a) your use of Our Website; (b) your breach or alleged breach of these Conditions or of any of Our Policies; (c) your Content or any use of it by us or our Affiliates, agents, service providers or sub-licensees, including, but not limited to, claims of defamation; (d) any claim or allegation that Content, Comments or any use of them by us or our Affiliates, agents, service providers or sub-licensees infringes or is alleged to infringe a third party’s intellectual property rights; and (e) any personal injury, death or property damage caused by you. You will use counsel reasonably satisfactory to us to defend each indemnified claim, and we may elect to participate in the defense at our expense. If at any time we reasonably determine that any indemnified claim might adversely affect us, we may take control of the defense at our expense. You may not consent to the entry of any judgment or enter into any settlement of a claim without our prior written consent, which may not be unreasonably withheld. Your defense and indemnification obligation will survive the term of these Conditions.
7. Force Majeure.
We shall not be liable for any default or delay in the performance of any of our obligations under these Conditions if such default or delay is caused, directly or indirectly, by forces beyond our reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, power outages, supply shortages or the failure of you or any third party to perform any commitment relating to the production or delivery of any equipment or material required for us to perform our obligations hereunder.
8. Suspension or Termination.
>> We reserve the right to deny, terminate, or suspend Our Website and/or your access to it without notice if, in our sole discretion, for any reason, including without limitation, if you breach these Conditions or Our Policies, and/or you use Our Website in a manner that violates or may violate any applicable custom, use, practice, or Law.
>> We reserve the right, in our sole discretion, to halt any sale or prevent or restrict access to Our Website. We further reserve the right to take any action to restrict access to or remove any objectionable Content, Comments or other material or items that violate these Conditions or Our Policies.
9. Governing Law and Jurisdiction.
If you are using Our Site, then these Conditions shall be governed by, and interpreted in accordance with, the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction over all disputes (whether contractual or non-contractual) arising out of or in connection with these Conditions.
We will give you notices (including contractual notices) electronically, by emailing you or posting the notice on Our Website. You hereby consent to receiving notices and other communications from us in this manner and agree that such notices are “in writing”.
11. Third Party Rights.
The parties to these Conditions do not intend that any term should be enforceable by any person who is not a party to these Conditions other than our Affiliates which shall be entitled to any actions and rights as us. Each of our Affiliates shall be entitled to enforce the terms of these Conditions in its own right. For the avoidance of doubt, we may vary the terms of these Conditions so as to extinguish or vary the rights of our Affiliates without requiring additional consent from such affected Affiliates. We are not your fiduciary or trustee
12. Ethical Standards.
You shall, and shall make sure that your officers, employees, agents and service providers shall: (a) at all times comply with all anti-corruption laws applicable to you; and (b) not, directly or indirectly offer, promise or give (or agree to offer, promise or give) any financial or other advantage with respect to any matters which are the subject of these Conditions and/or to obtain any benefit for us which would violate any anti-corruption laws applicable to you or us. If you become aware of any breach or suspected breach of this Condition, you must notify us promptly. We may immediately suspend operation of these Conditions on written notice, pending investigation. You must assist us in any such investigation. If, in our reasonable opinion, you have breached this Condition: (a) we may immediately terminate these Conditions by giving you written notice; and (b) you shall indemnify us and hold us harmless on demand against any and all claims, demands, actions, proceedings, awards, compensation costs (including legal costs and disbursements on a full indemnity basis), expenses, damages, losses, fines, fees, costs and other liabilities of whatsoever nature brought against us arising out of or in connection with such breach.
These Conditions, Our Policies and any documents referred to in them constitute the entire agreement of the parties with respect to the subject matter hereof and supersede and cancel all prior agreements claims, representations and understandings of the parties in connection with the subject matter hereof. If any provision of these Conditions is held to be unenforceable, such holding shall in no way invalidate any other provision hereof, and these Conditions shall remain in full force and effect.
Last updated: 10 July 2013