|
Terms
and Conditions
(1)
Introduction
These
terms and conditions govern your use of our website; by using our
website, you accept these terms and conditions in full.
If you disagree with these
terms and conditions or any part of these terms and conditions, you
must not use our website.
(2)
Licence to use website
Unless
otherwise stated, we or our licensors own the intellectual property
rights in the website and material on the website. Subject to
the
licence below, all these intellectual property rights are reserved. You may
view from the website for your own personal use, subject to the
restrictions set out below and elsewhere in these terms and
conditions.
You must
not:
(a)
republish material from this website (including republication on
another website);
(b)
sell,
rent or sub-license material from the website;
(c)
show
any material from the website in public;
(d)
reproduce,
duplicate, copy or otherwise exploit material on our website for a
commercial purpose;
(e)
edit or
otherwise modify any material on the website; or
(f)
redistribute material from this website.
(3)
Acceptable use
You must
not use our website in any way that causes, or may cause, damage to the
website or impairment of the availability or accessibility of the
website; or in any way which is unlawful, illegal, fraudulent or
harmful, or in connection with any unlawful, illegal, fraudulent or
harmful purpose or activity.
You must
not use our website to copy, store, host, transmit, send, use, publish
or distribute any material which consists of (or is linked to) any
spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit
or other malicious computer software.
You must
not conduct any systematic or automated data collection activities
(including without limitation scraping, data mining, data extraction
and data harvesting) on or in relation to our website without our
express written consent.
[You
must not use our website to transmit or send unsolicited commercial
communications.]
[You
must not use our website for any purposes related to marketing without
our express written consent.]
(4)
Restricted access
[Access
to certain areas of our website is restricted.] We reserve
the
right to restrict access to [other] areas of our website, or indeed our
whole website, at our discretion.
(5)
User generated content
In these
terms and conditions, “your user content” means
material
(including without limitation text, images, audio material, video
material and audio-visual material) that you submit to our website, for
whatever purpose.
You
grant to us a worldwide, irrevocable, non-exclusive, royalty-free
licence to use, reproduce, adapt, publish, translate and distribute
your user content in any existing or future media. You also
grant
to us the right to sub-license these rights, and the right to bring an
action for infringement of these rights.
Your
user content must not be illegal or unlawful, must not infringe any
third party's legal rights, and must not be capable of giving rise to
legal action whether against you or us or a third party (in each case
under any applicable law).
You must
not submit any user content to the website that is or has ever been the
subject of any threatened or actual legal proceedings or other similar
complaint.
We
reserve the right to edit or remove any material submitted to our
website, or stored on our servers, or hosted or published upon our
website.
[Notwithstanding
our rights under these terms and conditions in relation to user
content, we do not undertake to monitor the submission of such content
to, or the publication of such content on, our website.]
(6)
Limited warranties
Whilst
we endeavour to ensure that the information on this website [(excluding
user content)] is correct, we do not warrant its completeness
or
accuracy; nor do we commit to ensuring that the website remains
available or that the material on the website is kept up-to-date.
To the
maximum extent permitted by applicable law we exclude all
representations, warranties and conditions relating to this website and
the use of this website (including, without limitation, any warranties
implied by law of satisfactory quality, fitness for purpose and/or the
use of reasonable care and skill).
(7)
Limitations of liability
Nothing in these
terms and conditions
(or elsewhere on our website) will exclude or limit our liability for
fraud, for death or personal injury caused by our negligence, or for
any other liability which cannot be excluded or limited under
applicable law.
Subject to this,
our liability to you in
relation to the use of our website or under or in connection with these
terms and conditions, whether in contract, tort (including negligence)
or otherwise, will be limited as follows:
(a)
to the
extent that the website and the information and services on the website
are provided free-of-charge, we will not be liable for any loss or
damage of any nature;
(b)
we
will not be liable for any consequential, indirect or special loss or
damage;
(c)
we
will not be liable for any loss of profit, income, revenue, anticipated
savings, contracts, business, goodwill, reputation, data, or
information;
(d)
we
will not be liable for any loss or damage arising out of any event or
events beyond our reasonable control;
(e)
our
maximum liability in relation to any event or series of related events
will be limited to [AMOUNT]
(8)
Indemnity
You
hereby indemnify us and undertake to keep us indemnified against any
losses, damages, costs, liabilities and expenses (including without
limitation legal expenses and any amounts paid by us to a third party
in settlement of a claim or dispute on the advice of our legal
advisers) incurred or suffered by us arising out of any breach by you
of any provision of these terms and conditions[, or arising out of any
claim that you have breached any provision of these terms and
conditions].
(9)
Breaches of these terms and conditions
Without
prejudice to our other rights
under these terms and conditions, if you breach these terms and
conditions in any way, we may take such action as we deem appropriate
to deal with the breach, including suspending your access to the
website, prohibiting you from accessing the website, blocking computers
using your IP address from accessing the website, contacting your
internet service provider to request that they block your access to the
website and/or bringing court proceedings against you.
(10)
Variation
We may revise
these terms and conditions
from time-to-time. Revised terms and conditions will apply to
the
use of our website from the date of the publication of the revised
terms and conditions on our website. Please check this page
regularly to ensure you are familiar with the current version.
(11)
Assignment
We may
transfer, sub-contract or otherwise deal with our rights and/or
obligations under these terms and conditions without notifying you or
obtaining your consent.
You may
not transfer, sub-contract or otherwise deal with your rights and/or
obligations under these terms and conditions.
(12)
Severability
If a provision
of these terms and
conditions is determined by any court or other competent authority to
be unlawful and/or unenforceable, the other provisions will continue in
effect. If any unlawful and/or unenforceable provision would
be
lawful or enforceable if part of it were deleted, that part will be
deemed to be deleted, and the rest of the provision will continue in
effect.
(13)
Exclusion of third party
rights
These
terms and conditions are for the benefit of you and us, and are not
intended to benefit any third party or be enforceable by any third
party. The exercise of our and your rights in relation to
these
terms and conditions is not subject to the consent of any third party.
(14)
Entire agreement
These
terms and conditions [, together with our privacy policy,] constitute the
entire agreement between
you and us in relation to your use of our website, and supersede all
previous agreements in respect of your use of this website.
(15)
Law and jurisdiction
These terms and
conditions will be
governed by and construed in accordance with English law, and any
disputes relating to these
terms and conditions will be subject to the [non-]exclusive jurisdiction of
the courts of England
and Wales.
(16) Our details
The full
name of our company is Hope North West.
You can
contact us by email to hopenorthwest@btinternet.com.
These
terms
and conditions are based on a precedent
|