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,
download for caching purposes only, and print pages
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 [except for content specifically
and expressly made available for redistribution [(such as our newsletter)].
[Where content is specifically made available for redistribution, it may only be
redistributed [within your organisation].
(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.
If we provide you
with a user ID and password to enable you to access restricted areas of our
website or other content or services, you must ensure that that user ID and
password is kept confidential.
[We may disable your user ID and password in our sole discretion without notice
or explanation.]
[(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;
(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.
The full name of our company is Howard Passingham Services Limited
[We are registered in [
Our [registered] address is