Website
BY ACCESSING OR USING THIS WEBSITE YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE, ALL REVISIONS THEREOF (TOGETHER THE “TERMS OF USE”) AND ALL POLICIES, PROCEDURES AND GUIDELINES SET OUT ON THE WEBSITE (TOGETHER THE “USER RULES”) THE TERMS OF WHICH ARE INCORPORATED BY REFERENCE INTO THESE TERMS OF USE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE YOU SHOULD NOT ACCESS OR USE THIS WEBSITE.
This website is made available by or under license from Grafenia Operations Limited (the “Licensor”) and/or any company within the Licensor’s group of companies (together “we”, “us” or “our”) composed of the principal company, its holding company and subsidiary companies of each (where “holding company” and “subsidiary company” shall have the meaning as set out in section 1159 the Companies Act 2006). Access and use of this website (the “Site”) is provided by us on the condition that you accept these Terms of Use. If you do not agree to accept and comply with these Terms of Use you should not access or use the Site.
At our sole discretion we may modify the Terms of Use and User Rules at any time and such changes will be effective immediately. Your continued access to or use of the Site after such modifications will constitute your acceptance of such modifications and you will be bound by them. If the Terms of Use and/or User Rules are modified we may from time to time post a notice on the Site however we shall not be obliged to do so and we recommend you regularly review the Terms of Use and User Rules published on the Site.
These Terms of Use apply to your use of the Site and do not alter in any way the terms or conditions of any other agreement you may have with us. In the event of any inconsistency between such other agreement and these Terms of Use the terms of such other agreement shall govern.
Ownership and use
This Site and all of its content, including, but not limited to, text, graphics and images of all natures, data and software, and the selection and arrangement thereof (together “Content”), is owned by us, our licensors, or our third-party image partners unless otherwise indicated.
All Content and any other elements of the Site are protected by copyright and other rights and laws relating to the protection of intellectual property. Any use of Content whatsoever is strictly prohibited and, save for any use of Content specifically provided for in a separate written agreement between you and us, you are prohibited from downloading, storing or copying the Site and/or Content or part thereof in any way.
Access
Access to the Site is permitted when available and we shall not be liable if for any reason the Site is unavailable, in whole or in part, for any reason, at any time or period. Any user identification codes, passwords or other information relating to our security procedures must be treated as confidential and you must not disclose the same to any third party. You shall contact us and notify us immediately if you know or suspect any unauthorised use of your account or password or other breach of security.
You are responsible for making all arrangements necessary for you to have access to the Site. We are not responsible for any technical malfunction or other problems of any nature including, without limitation, those involving a telephone network or service, computer systems, servers or providers, computer or mobile equipment, software or failure of email howsoever arising. You may not create a link to the Site from any other website without our prior written consent.
Conduct
Any breach or violation of these Terms of Use entitles us to and may result in us closing any user account you have and preventing access to the Site.
You warrant and represent that you will comply with all applicable laws and regulations in your use of the Site and in that respect you will not do any illegal act including, without limitation, distributing viruses, worms, trojan horses or any other similar harmful or deleterious programming routines nor do or attempt to do any act which violates any system or network security which, without limitation, shall include unauthorised access and/or probing or scanning of the system security and/or hacking or involving yourself in spamming, mail bombing, system flooding or anything similar.
You warrant and represent that you will comply with the Acceptable Use Policies of our internet services providers notified to you from time to time.
Copyright abuses
It is our policy to respond expeditiously to claims of infringement and we shall endeavour to promptly process and investigate notices of alleged copyright infringement and will take appropriate actions under applicable laws. If you believe in good faith that your copyrighted material or other intellectual property has been posted on the Site in violation of applicable laws please contact us.
Communications with Third Parties
Communication via the Site of anything by you that could reasonably be considered to be defamatory, politically extreme, immoral, obscene, blasphemous or which could otherwise reasonably be held to offend public decency is prohibited. As between you and us, you assume all risk and are solely responsible for any and all liability resulting from your use of the Site in a way that violates (or that produces content that violates) any law or the rights of others including, without limitation, laws concerning copyright infringement or privacy.
Termination
Notwithstanding any of these Terms of Use, we reserve the right, without notice and in our sole discretion, to terminate your account and/or to block your use of the Site (or part thereof) without any liability whatsoever to you.
Indemnity
You agree that neither we nor any of our directors, officers, employees or licensees shall be liable for any claims, demands, actions, costs, damages, losses, expenses whether direct, indirect, consequential or incidental, howsoever caused in connection with your use of the Site, your inability to use the Site and any breach or alleged breach by you of these Terms of Use and you shall indemnify and hold us, our directors, officers, employees and licensees harmless against all claims, demands, actions, costs, expenses (including but not limited to legal costs and disbursements), losses and damages arising from or suffered in connection with the same or incurred by reason of any breach by you or anyone acting on your behalf (including, without limitation, using your access codes and/or passwords) of any of these Terms of Use.
By using this Site you warrant and represent that you are over the age of 18 and are lawfully able to accept these Terms of Use. If you are using the Site on behalf of any entity you further warrant and represent that you are authorized to accept these Terms of Use on such entity’s behalf and that such entity agrees to indemnify us for breaches of these Terms of Use.
Exclusions
The Internet is not a fully secure medium and due to the nature of the internet it is possible that viruses, worms, trojan horses or other similar harmful or deleterious programming routines may be inadvertently communicated by or downloaded from this Site. We shall not be responsible or liable for any software, viruses or other similar deleterious programming routines that may infect or otherwise impact your use of your computer equipment or other property by virtue of your access to, use of, or browsing of the Site or your downloading of any Content from the Site and we recommend that you install appropriate anti-virus or other protective software.
WE PROVIDE THE SITE AND ONLINE SERVICES AS-IS AND WITH ALL FAULTS AND EXPRESSLY GIVE NO WARRANTIES, CONDITIONS, GUARANTEES OR REPRESENTATION EXPRESS OR IMPLIED OF ANY KIND INCLUDING AS TO FITNESS FOR A PARTICULAR PURPOSE AND TO THE FULL EXTENT POSSIBLE DISCLAIM ALL WARRANTIES CONDITIONS, GUARANTEES OR REPRESENTATIONS EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOMER USAGE OR OTHERWISE AS TO ANY MATTERS, INCLUDING BUT NOT LIMITED TO, PERFORMANCE, SECURITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION, MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.
FOR THE AVOIDANCE OF DOUBT WE DO NOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SITE OR THAT IT WILL BE MADE AVAILABLE OR THAT THE USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE OR FREE FROM ANY VIRUSES OR SIMILAR DELETERIOUS PROGRAMMING ROUTINE, OMISSION, DELETION, DEFECT OR DELAY.
The Site includes content, services and hypertext links to websites owned, operated, controlled and/or provided by third parties (“Third Party Content”). Your use of any Third Party Content may be subject to the relevant third party’s terms and conditions, and it is your responsibility to make yourself aware of such terms and conditions.
We have no control over or proprietary interest in any Third Party Content. We do not give any promises about the quality, security, accuracy or any other aspect of any Third Party Content, and exclude any and all liability arising from your use of them.
The presence of a third party’s advertising or other content on the Site does not in any way give rise to, or otherwise imply, a recommendation, endorsement or other representation on our part in respect of the third party’s comments, products or services.
Liability
We cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information on the Site. We update the Site regularly and may revise, supplement or delete the Content and services contained on the Site and reserve the right to make such changes without prior notification to past, current or prospective visitors to the Site.
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND THE CONTENT. IN NO EVENT WILL WE, OUR DIRECTORS, OFFICERS, EMPLOYEES OR LICENSEES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS, DAMAGES OR CLAIMS WHATSOVER INCLUDING, ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS RELATED TO SUCH DAMAGES, BUSINESS INTERUPTION, FAILURE TO MEET ANY DUTY OF CARE, OR CLAIMS BY A THIRD PARTY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE WHETHER OR NOT ANY REPRESENTATIVE OF OURS HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS. THE FORGOING APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW.
Nothing in these Terms of Use shall limit or exclude liability for: (i) death or personal injury arising from our negligence; (ii) fraud; or (iii) any other liability the exclusion or limitation of which is not permitted by English law.
Law & Jurisdiction
These Terms of Use (including any associated non-contractual disputes or claims) is governed by English law and the parties hereby accept the jurisdiction of the English courts, such that any proceedings by or against us shall be brought in the English courts but provided that nothing in these Terms of Use will prevent us from taking proceedings against you in any other court of competent jurisdiction.
General
If any part of these Terms of Use is found void and unenforceable such provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision and it will not affect the validity of the balance of these Terms of Use, which shall remain valid and enforceable according to their terms.
No failure or delay by us relating to the exercise of any right power privilege or remedy provided under these Terms of Use shall operate as a waiver of such right power privilege or remedy or as a waiver of any preceding or succeeding breach by you nor shall any single or partial exercise of any right power privilege or remedy by us preclude any other or further exercise of such save where expressly provided otherwise in these Terms of Use or at law or in equity all of which are several and cumulative and are not exclusive of each other or of any other rights or remedies otherwise available to us at law or in equity.