1.
Introduction
1.1
These terms and conditions govern your use of our website.
1.2 By
using our website, you accept these terms and conditions in full; accordingly,
if you disagree with these terms and conditions or any part of these terms and
conditions, you must not use our website.
1.3 If
you register with our website, submit any material to our website or use any of
our website services, we will ask you to expressly agree to these terms and
conditions.
1.4
You must be at least 18 years of age to use our website; and by using our
website or agreeing to these terms and conditions, you warrant and represent to
us that you are at least 18 years of age.
1.5
Our website uses cookies; by using our website or agreeing to these terms and
conditions, you consent to our use of cookies in accordance with the terms of
our privacy and cookies policy.
2.
Copyright notice
2.1
Subject to the express provisions of these terms and conditions:
(a)
we, together with our licensors, own and control all the copyright and other intellectual
property rights in our website and the material on our website; and
(b)
all the copyright and other intellectual property rights in our website and the
material on our website are reserved.
3.
Licence to use website
3.1
You may:
(a)
view pages from our website in a web browser;
(b)
download pages from our website for caching in a web browser;
(c)
print pages from our website;
(d)
stream audio and video files from our website; and
(e)
use our website services by means of a web browser, subject to the other
provisions of these terms and conditions.
3.2
Except as expressly permitted by Section 3.1 or the other provisions of these
terms and conditions, you must not download any material from our website or
save any such material to your computer.
3.3
You may only use our website for your own personal and business purposes, and
you must not use our website for any other purposes.
3.4
Except as expressly permitted by these terms and conditions, you must not edit
or otherwise modify any material on our website.
3.5
Unless you own or control the relevant rights in the material, you must not:
(a)
republish material from our website (including republication on another
website);
(b)
sell, rent or sub-license material from our website;
(c)
show any material from our website in public;
(d)
exploit material from our website for a commercial purpose; or
(e)
redistribute material from our website.
3.6 We
reserve the right to restrict access to areas of our website, or indeed our
whole website, at our discretion; you must not circumvent or bypass, or attempt
to circumvent or bypass, any access restriction measures on our website.
4.
RSS feed
4.1
You may access our RSS feed using an RSS reader or aggregator.
4.2 By
accessing our RSS feed, you accept these terms and conditions.
4.3
Subject to your acceptance of these terms and conditions, we grant to you a
non-exclusive, non-transferable, non-sub-licensable licence to display content
from our RSS feed in unmodified form on any non-commercial website owned and
operated by you, providing that you must not aggregate our RSS feed with any
other feed when displaying it in accordance with this Section 4.3.
4.4 It
is a condition of this licence that you include a credit for us and hyperlink
to our website on each web page where the RSS feed is published (in such form
as we may specify from time to time, or if we do not specify any particular
form, in a reasonable form).
4.5 We
may revoke any licence set out in this Section 4 at any time, with or without
notice or explanation.
5.
Acceptable use
5.1
You must not:
(a)
use our website in any way or take any action that causes, or may cause, damage
to the website or impairment of the performance, availability or accessibility
of the website;
(b)
use our website in any way that is unlawful, illegal, fraudulent or harmful, or
in connection with any unlawful, illegal, fraudulent or harmful purpose or
activity;
(c)
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;
(d)
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;
(e)
access or otherwise interact with our website using any robot, spider or other
automated means;
(f)
violate the directives set out in the robots.txt file for our website; or
(g)
use data collected from our website for any direct marketing activity
(including without limitation email marketing, SMS marketing, telemarketing and
direct mailing).
5.2
You must not use data collected from our website to contact individuals,
companies or other persons or entities.
5.3
You must ensure that all the information you supply to us through our website,
or in relation to our website, is true, accurate, current, complete and
non-misleading.
6.
Registration and accounts
6.1 To
be eligible for an individual account on our website under this Section 6, you
must be at least 18 years of age and resident in the United Kingdom.
6.2
You may register for an account with our website by completing and submitting
the account registration form on our website, and clicking on the verification
link in the email that the website will send to you.
6.3
You must notify us in writing immediately if you become aware of any
unauthorised use of your account.
6.4
You must not use any other person’s account to access the website, unless you
have that person’s express permission to do so.
7.
User IDs and passwords
7.1 If
you register for an account with our website, [we will provide you with / you
will be asked to choose] a user ID and password.
7.2
Your user ID must not be liable to mislead and must comply with the content
rules set out in Section 12; you must not use your account or user ID for or in
connection with the impersonation of any person.
7.3
You must keep your password confidential.
7.4
You must notify us in writing immediately if you become aware of any disclosure
of your password.
7.5
You are responsible for any activity on our website arising out of any failure
to keep your password confidential, and may be held liable for any losses
arising out of such a failure.
8.
Cancellation and suspension of account
8.1 We
may:
(a)
suspend your account;
(b)
cancel your account; and/or
(c)
edit your account details, at any time in our sole discretion without notice or
explanation.
8.2
You may cancel your account on our website using your account control panel on
the website.
9.
Social networking
9.1
Registered users will have access to such additional features on our website as
we may from time to time determine, which may include:
(a)
facilities to complete a detailed personal profile on the website, to publish
that profile on the website, and to restrict the publication of that profile to
particular groups or individuals registered on the website;
(b)
facilities to create groups, manage groups that you have created, join and
leave groups, and share information amongst group members;
(c)
the facility to send private messages via the website to particular groups or
individuals registered on the website; and
(d)
the facility to post and publish text and media on the website.
9.2
You agree to the publication of posts relating to you, by others, on our
website; you acknowledge that such posts may be critical or defamatory or
otherwise unlawful; and, subject to Section 15.1, you agree that you will not
hold us liable in respect of any such posts, irrespective of whether we are
aware or ought to have been aware of such posts.
10.
Personal profiles
10.1
All information that you supply as part of a personal profile on the website
must be true, accurate, current, complete and non-misleading.
10.2
You must keep your personal profile on our website up to date.
10.3
Personal profile information must also comply with the provisions of Section 5
and Section 12.
11.
Your content: licence
11.1
In these terms and conditions, “your content” means all works and materials
(including without limitation text, graphics, images, audio material, video
material, audio-visual material, scripts, software and files) that you submit
to us or our website for storage or publication on, processing by, or
transmission via, our website.
11.2
You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence
to use, reproduce, store, adapt, publish, translate and distribute your content
in any existing or future media / reproduce, store and publish your content on
and in relation to this website and any successor website / reproduce, store
and, with your specific consent, publish your content on and in relation to
this website.
11.3
You grant to us the right to sub-license the rights licensed under Section
11.2.
11.4
You grant to us the right to bring an action for infringement of the rights
licensed under Section 11.2.
11.5
You hereby waive all your moral rights in your content to the maximum extent
permitted by applicable law; and you warrant and represent that all other moral
rights in your content have been waived to the maximum extent permitted by
applicable law.
11.6
You may edit your content to the extent permitted using the editing
functionality made available on our website.
11.7
Without prejudice to our other rights under these terms and conditions, if you
breach any provision of these terms and conditions in any way, or if we
reasonably suspect that you have breached these terms and conditions in any
way, we may delete, unpublish or edit any or all of your content.
12.
Your content: rules
12.1
You warrant and represent that your content will comply with these terms and
conditions.
12.2
Your content must not be illegal or unlawful, must not infringe any person’s
legal rights, and must not be capable of giving rise to legal action against
any person (in each case in any jurisdiction and under any applicable law).
12.3
Your content, and the use of your content by us in accordance with these terms
and conditions, must not:
(a) be
libellous or maliciously false;
(b) be
obscene or indecent;
(c)
infringe any copyright, moral right, database right, trademark right, design
right, right in passing off, or other intellectual property right;
(d)
infringe any right of confidence, right of privacy or right under data
protection legislation;
(e)
constitute negligent advice or contain any negligent statement;
(f)
constitute an incitement to commit a crime, instructions for the commission of
a crime or the promotion of criminal activity;
(g) be
in contempt of any court, or in breach of any court order;
(h) be
in breach of racial or religious hatred or discrimination legislation;
(i) be
blasphemous;
(j) be
in breach of official secrets legislation;
(k) be
in breach of any contractual obligation owed to any person;
(l)
depict violence, in an explicit, graphic or gratuitous manner;
(m) be
pornographic, lewd, suggestive or sexually explicit;
(n) be
untrue, false, inaccurate or misleading;
(o)
consist of or contain any instructions, advice or other information which may
be acted upon and could, if acted upon, cause illness, injury or death, or any
other loss or damage;
(p)
constitute spam;
(q) be
offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social,
menacing, hateful, discriminatory or inflammatory; or
(r)
cause annoyance, inconvenience or needless anxiety to any person.
12.4
Your content must be appropriate, civil and tasteful, and accord with generally
accepted standards of etiquette and behaviour on the internet.
12.5
You must not use our website to link to any website or web page consisting of
or containing material that would, were it posted on our website, breach the
provisions of these terms and conditions.
12.6
You must not submit to our website any material that is or has ever been the
subject of any threatened or actual legal proceedings or other similar
complaint.
13.
Report abuse
13.1
If you learn of any unlawful material or activity on our website, or any
material or activity that breaches these terms and conditions, please let us
know.
13.2
You can let us know by email or by using our contact form.
14.
Limited warranties
14.1
We do not warrant or represent:
(a)
the completeness or accuracy of the information published on our website;
(b)
that the material on the website is up to date; or
(c)
that the website or any service on the website will remain available.
14.2
We reserve the right to discontinue or alter any or all of our website
services, and to stop publishing our website, at any time in our sole
discretion without notice or explanation; and save to the extent that these
terms and conditions expressly provide otherwise, you will not be entitled to
any compensation or other payment upon the discontinuance or alteration of any website
services, or if we stop publishing the website.
14.3
To the maximum extent permitted by applicable law and subject to Section 15.1,
we exclude all representations and warranties relating to the subject matter of
these terms and conditions, our website and the use of our website.
15.
Limitations and exclusions of liability
15.1
Nothing in these terms and conditions will:
(a)
limit or exclude any liability for death or personal injury resulting from
negligence;
(b)
limit or exclude any liability for fraud or fraudulent misrepresentation;
(c)
limit any liabilities in any way that is not permitted under applicable law; or
(d)
exclude any liabilities that may not be excluded under applicable law.
15.2
The limitations and exclusions of liability set out in this Section 15 and
elsewhere in these terms and conditions:
(a)
are subject to Section 15.1; and
(b)
govern all liabilities arising under these terms and conditions or relating to
the subject matter of these terms and conditions, including liabilities arising
in contract, in tort (including negligence) and for breach of statutory duty.
15.3
To the extent that our website and the information and services on our website
are provided free of charge, we will not be liable for any loss or damage of
any nature.
15.4
We will not be liable to you in respect of any losses arising out of any event
or events beyond our reasonable control.
15.5
We will not be liable to you in respect of any business losses, including
(without limitation) loss of or damage to profits, income, revenue, use,
production, anticipated savings, business, contracts, commercial opportunities
or goodwill.
15.6
We will not be liable to you in respect of any loss or corruption of any data,
database or software.
15.7
We will not be liable to you in respect of any special, indirect or
consequential loss or damage.
15.8
You accept that we have an interest in limiting the personal liability of our
officers and employees and, having regard to that interest, you acknowledge
that we are a limited liability entity; you agree that you will not bring any
claim personally against our officers or employees in respect of any losses you
suffer in connection with the website or these terms and conditions (this will
not, of course, limit or exclude the liability of the limited liability entity
itself for the acts and omissions of our officers and employees).
16.
Indemnity
16.1
You hereby indemnify us, and undertake to keep us indemnified, against any and
all 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) incurred or suffered by us and arising
directly or indirectly out of:
(a)
any breach by you of any provision of these terms and conditions; or
(b)
your use of our website.
17.
Breaches of these terms and conditions
17.1
Without prejudice to our other rights under these terms and conditions, if you
breach these terms and conditions in any way, or if we reasonably suspect that
you have breached these terms and conditions in any way, we may:
(a)
send you one or more formal warnings;
(b)
temporarily suspend your access to our website;
(c)
permanently prohibit you from accessing our website;
(d)
block computers using your IP address from accessing our website;
(e)
contact any or all your internet service providers and request that they block
your access to our website;
(f)
commence legal action against you, whether for breach of contract or otherwise;
and/or
(g)
suspend or delete your account on our website.
17.2
Where we suspend or prohibit or block your access to our website or a part of
our website, you must not take any action to circumvent such suspension or
prohibition or blocking (including without limitation creating and/or using a
different account).
18.
Third party websites
18.1
Our website includes hyperlinks to other websites owned and operated by third
parties; such hyperlinks are not recommendations.
18.2
We have no control over third party websites and their contents, and subject to
Section 15.1 we accept no responsibility for them or for any loss or damage
that may arise from your use of them.
19.
Trademarks
19.1
The third party registered and unregistered trademarks or service marks on our
website are the property of their respective owners and, unless stated
otherwise in these terms and conditions, we do not endorse and are not
affiliated with any of the holders of any such rights and as such we cannot
grant any licence to exercise such rights.
20.
Variation
20.1
We may revise these terms and conditions from time to time.
20.2
The revised terms and conditions will apply to the use of our website from the
date of their publication on the website, and you hereby waive any right you
may otherwise have to be notified of, or to consent to, revisions of the terms
and conditions. / We will give you written notice of any revision of these
terms and conditions, and the revised terms and conditions will apply to the
use of our website from the date that we give you such notice; if you do not
agree to the revised terms and conditions, you must stop using our website.
20.3
If you have given your express agreement to these terms and conditions, we will
ask for your express agreement to any revision of these terms and conditions;
and if you do not give your express agreement to the revised terms and
conditions within such period as we may specify, we will disable or delete your
account on the website, and you must stop using the website.
21.
Assignment
21.1
You hereby agree that we may assign, transfer, sub-contract or otherwise deal
with our rights and/or obligations under these terms and conditions.
21.2
You may not without our prior written consent assign, transfer, sub-contract or
otherwise deal with any of your rights and/or obligations under these terms and
conditions.
21.
Severability
21.1
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.
21.2
If any unlawful and/or unenforceable provision of these terms and conditions
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.
22.
Third party rights
22.1
These terms and conditions are for our benefit and your benefit, and are not
intended to benefit or be enforceable by any third party.
22.2
The exercise of the parties’ rights under these terms and conditions is not
subject to the consent of any third party.
23.
Entire agreement
23.1
Subject to Section 15.1, these terms and conditions, together with our privacy
and cookies policy, constitute the entire agreement between you and us in
relation to your use of our website and supersede all previous agreements
between you and us in relation to your use of our website.
24.
Law and jurisdiction
24.1
These terms and conditions shall be governed by and construed in accordance
with English law.
24.2
Any disputes relating to these terms and conditions shall be subject to the
exclusive jurisdiction of the courts of England.
