Our responsibility to you
8.1
Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be excluded or limited.
8.2
You must give us a reasonable opportunity to remedy any matter for which we are liable before you incur any costs remedying the matter yourself.
8.3
We are not responsible for any loss or damage where:
8.3.1
there is no breach of a legal duty of care owed to you by us or by any of our employees or agents;
8.3.2
such loss or damage was not reasonably foreseeable by both parties;
8.3.3
such loss or damage is caused by you, for example by not complying with this agreement; or
8.3.4
such loss or damage relates to a business.
9
Your responsibility to us
9.1
You will be responsible to us for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement (subject of course to our obligation to mitigate any losses).
10
Intellectual property rights
10.1
All trade marks, logos, content (including our website's structure and layout), graphics, images, photographs, animation, videos, text and software used on this site are our intellectual property or that of our partners or suppliers. For the purposes of your personal non-commercial use only, you may view such material on your screen and print a single copy. You may not otherwise use, sublicense, retrieve, display, modify, copy, print, sell, distribute, download, hire, reverse engineer (unless permitted by applicable law) or create extracts of, or derivative works from, such material without our specific prior written consent.
11
Information on our website
11.1
The videos or other information which we make available on our site or elsewhere are intended as general information which may be of interest. We cannot guarantee that the information is accurate or up to date. The information is not intended as professional or other advice. Nor is it intended to be a substitute for possession of an appropriate level of training, qualifications, skill and experience in the use of these goods. You rely on such information at your own risk.
12
Reviews on our site
12.1
If we allow you to upload any reviews, comments or other content to this website, you must ensure that they are accurate, that they comply with all applicable laws, regulations and codes of conduct and that they do not infringe any third party intellectual property or other rights. Also, your content must not be defamatory, offensive, vulgar, racist, abusive, invasive of another's privacy or similarly inappropriate.
12.2
We reserve the right without notice or refund to reject, suspend, alter, remove or delete any content or to disclose to the relevant authorities any such content if it is the subject of complaint or where we have reasonable grounds for believing that it breaches our terms and conditions, or that such steps are necessary to protect us or others, or that a criminal act has been committed, or if we are required to do so by law or appropriate authority. If so, you must not attempt to re-publish or re-send the relevant content.
13
Security
13.1
If we enable you to create an account on our site, you acknowledge that this is for your personal use only and is non-transferable. You must not authorise or permit any other person to use your account. You must take reasonable care to protect and keep confidential your password and other account or identity information. You must notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password. You are responsible for third parties who use your account or identity (unless and to the extent that we are at fault).
14
Availability of our site
14.1
We cannot guarantee that our site will be uninterrupted or error-free. We are entitled without notice to suspend the site for repair, maintenance, improvement or other technical reason.
15
Third party websites
15.1
We may link to third party websites which may be of interest to you. We do not recommend or endorse those sites or the products or services which they offer nor are we legally responsible for them as they are outside our reasonable control. You use such third party sites at your own risk.
16
"Act of God"
16.1
Neither you nor we are liable for failure to perform or delay in performing any obligation (excluding payment) under this agreement if the failure or delay is caused by any circumstances beyond its reasonable control.
17
English law
17.1
These T&Cs shall be governed by English law and any disputes will be decided only by the courts of the United Kingdom.
18
General
18.1
Headings used in this agreement are for information and not binding. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a "waiver" (ie that it can't be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, then it will be replaced with a provision which as far as possible achieves the same thing and the rest of the agreement shall continue to apply. A person who is not a party to this agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement except insofar as expressly stated otherwise.
19
Complaints
19.1
If you have any complaints, please contact us via the contact details shown on our website or write to our address shown at the start of these T&Cs.
Website terms and conditions supplied by Adlex Solicitors.
Version 1 Dated 1st November, 2011
