TERMS AND CONDITIONS OF USE
OF
1 ACCEPTANCE OF TERMS
1.1 Your
access to and use of Telford BESST ("the
Website") and any Services referred to in Clause 2, is subject exclusively
to these Terms and Conditions. You will
not use the Website/Services for any purpose that is unlawful or prohibited by
these Terms and Conditions. By using the
Website/Services you are fully accepting the terms, conditions and disclaimers
contained in this notice. If you do not
accept these Terms and Conditions you must immediately stop using the
Website/Services.
1.2 We
reserve the right to update or amend these Terms and Conditions at any time and
your continued use of the Website/Services following any changes shall be
deemed to be your acceptance of such change.
It is therefore your responsibility to check the Terms and Conditions
regularly for any changes.
2 THE SERVICES
The Website may provide communication tools such as email,
bulletin boards, chat areas, news groups, forums and/or other message or
communication facilities ("the Services") designed to enable you to
communicate with others. Unless stated otherwise the Services are for your
personal and non-commercial use only.
3 PRIVACY
POLICY
We
are committed to responsible data management and subscribe to the principals of
the data protection legislation in the
4 USER
ACCOUNT, PASSWORD AND SECURITY
If a particular Service requires you to open an account you
will be required to complete the registration process by providing certain
information and registering a username and password for use with that
Service. You are responsible for
maintaining the confidentiality of the username and password and also for all
activities which take place under your account.
You agree to immediately notify us of any unauthorised use of your
password or account or any other breach of security. In no event will Telford
BESST be liable for any indirect or consequential loss or damage
whatsoever resulting from the disclosure of your username and/or password. You may not use another person’s account at
any time, without the express permission of the account holder.
5 ACCEPTABLE USE
5.1 You
acknowledge that all information, text, graphics, logos, photographs, images,
moving images, sound, illustrations and other materials ("the
Content"), whether posted publicly or transmitted privately, are the sole
responsibility of the person from whom such Content originated. We do not control or endorse the Content and
cannot guarantee the accuracy, integrity or quality of such Content and you
acknowledge that by using the Services you may be exposed to Content that is
offensive and/or indecent. Telford BESST will
not be liable in any way for any Content or for any loss or damage of any kind
resulting from the use of any Content transmitted via the Services and you
agree to bear all risks associated with the use of any Content, including any
reliance on the accuracy or completeness of such Content.
5.2 In using the Website/Services you agree
not to:
5.2.1 use the Services to send junk email, spam, chain letters,
pyramid schemes or any other unsolicited messages, commercial or otherwise;
5.2.2 post, publish, distribute or disseminate material or
information that is defamatory, infringing, obscene, indecent, threatening,
abusive, harassing or unlawful;
5.2.3 post,
publish, distribute or disseminate material or information that incites
discrimination, hate or violence towards any person or group on account of
their race, religion, disability, nationality or otherwise;
5.2.4 threaten, abuse, disrupt, stalk or otherwise violate the legal
rights (including rights of privacy and publicity) of others;
5.2.5 use any information or material in any manner that infringes
any copyright, trademark, patent or other proprietary right of any party;
5.2.6 make
available or upload files that contain a virus, worm, trojan or corrupt data that may damage the operation
of the computer or property of another;
5.2.7 collect or store personal information about others,
including email addresses;
5.2.8 advertise or offer to buy or sell goods or services for any
commercial purpose, unless such communication facility specifically allows such
messages;
5.2.9 impersonate any person or entity for the purpose of
misleading others;
5.2.10 violate any applicable laws or regulations;
5.2.11 use
the Website/Services in any manner that could damage, disable, overburden or
impair the Website/Services or interfere with any other party’s use and
enjoyment of the Website/Services;
5.2.12 post,
publish, distribute or disseminate material or information that you do not have
a right to transmit under any law or under contractual or fiduciary
relationships (such as inside information or confidential information disclosed
in the course of employment or under a confidentiality agreement);
5.2.13 attempt
to gain unauthorised access to any of the Services, other accounts, computer
systems or networks connected to the Website/Services through hacking, password
mining or any other means.
5.3 We
have no obligation to monitor the Services but shall be entitled to review
materials posted to a communications facility and, at our sole discretion, to
remove any material that breaches these Terms and Conditions or is otherwise
objectionable.
6 TERMINATION
We have the
right to terminate your access to any or all of the Services at any time,
without notice, for any reason, including without limitation, breach of these
Terms and Conditions. We may also at any
time, at our sole discretion, discontinue the Website/Services or any part
thereof without prior notice and you agree that we shall not be liable to you
or any third party for any termination of your access to the Website/Services.
7
LINKS TO THIRD PARTY WEBSITES
The Website/Services may include links to third party
websites that are controlled and maintained by others. Any link to other websites is not an
endorsement of such websites and you acknowledge and agree that Telford BESST is not responsible for the content or
availability of any such sites.
8 INTERNATIONAL USE
You
agree to comply with all applicable laws regarding the transmission of
technical data exported from the United Kingdom or the country in which you
reside (if different) and with all local laws and rules regarding acceptable
use of and conduct on the Internet.
9 INTELLECTUAL PROPERTY RIGHTS
9.1 The
Website and its content (including without limitation the Website design, text,
graphics and all software and source codes connected with the Website and the
Services) are protected by copyright, trade marks, patents and other
intellectual property rights and laws.
In accessing the Website you agree that you will access the contents
solely for your personal, non-commercial use.
None of the content may be downloaded, copied, reproduced, transmitted,
stored, sold or distributed without the prior written consent of the copyright
holder. This excludes the downloading,
copying and/or printing of pages of the Website for personal, non-commercial
home use only.
9.2 Telford BESST does not claim ownership of any
materials you post, upload or submit to any publicly accessible area of the
Services. However, by doing so you are granting us a world-wide, royalty free,
non-exclusive licence to copy, distribute, transmit, reproduce, publicly
display, edit, translate or publish such Content for as long as you elect to
display such Content via the Services.
The licence shall be terminated when such Content is deleted from the
Services.
10 INDEMNITY
You agree to indemnify and hold Telford
BESST harmless from and against any breach by you of these Terms and
Conditions and any claim or demand brought against
Telford BESST by any third party arising out of your use of the Services
and/or any Content submitted, posted or transmitted through the Services,
including without limitation, all claims, actions, proceedings, losses, liabilities,
damages, costs, expenses (including reasonable legal costs and expenses)
howsoever suffered or incurred by Telford BESST in
consequence of your breach of these Terms and Conditions.
11 DISCLAIMERS AND LIMITATION OF LIABILITY
11.1 Use
of the Website/Services is at your own risk.
The Website/Services are provided on an "AS IS" and "AS
AVAILABLE" basis without any representation or endorsement made and
without warranty of any kind whether express or implied, including but not
limited to the implied warranties of satisfactory quality, fitness for a
particular purpose, non-infringement, compatibility, security and accuracy.
11.2 To
the extent permitted by law, Telford BESST will
not be liable for any indirect or consequential
loss or damage whatsoever (including without limitation loss of business,
opportunity, data, profits) arising out of or in connection with the use of the
Website/Services.
11.3 Telford BESST makes no warranty that the
Website/Services will meet your requirements, that Content will be accurate or
reliable, that the functionality of the Website/Services will be uninterrupted
or error free, that defects will be corrected or that the Website/Services or
the server that makes them available are free of viruses or anything else which
may be harmful or destructive.
11.4 Nothing
in these Terms and Conditions shall be construed so as to exclude or limit the
liability of Telford BESST for death or personal
injury as a result of the negligence of Telford BESST.
11.5 Nothing
in these Terms and Conditions shall affect your statutory rights as a consumer.
12 SEVERANCE
If any of
these Terms and Conditions should be determined to be invalid, illegal or
unenforceable for any reason by any court of competent jurisdiction then such
Term or Condition shall be severed and the remaining Terms and Conditions shall
survive and remain in full force and effect and continue to be binding and
enforceable.
13 GOVERNING
LAW
These Terms and Conditions shall be governed by and
construed in accordance with the law of
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