TERMS AND CONDITIONS OF USE
1. ACCEPTANCE OF TERMS
1.1 In these Terms and Conditions “us” and “we” shall mean The Fit Out Pontoon Limited (company number 08038153) and “our” will be interpreted accordingly.
1.2 The registered office for The Fit Out Pontoon Limited is 2 Manorleigh Breaston Derby Derbyshire DE72 3UJ
1.3 Your access to and use of www.thefitoutpontoon.co.uk (the Website) and any Services referred to in these Term & Condition on this occassion and on each subsequent occassion, is subject exclusively to these Terms and Conditions.
1.4 You agree not to use the Website and/or Services for any purpose that is unlawful or prohibited by these Terms and Conditions.
1.5 By using the Website and/or Services you are deemed to have fully accepted all of the terms, conditions and disclaimers that apply to its use and to the facilities and services provided by it.
1.6 If you do not accept these Terms and Conditions you must immediately stop using the Website and/or Services.
1.7 We reserve the right to update or amend these Terms and Conditions at any time. Your continued use of the Website and/or 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. ACCESS TO OUR WEBSITE
2.1 Access to our Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Website without notice. We will not be liable if for any reason our site is unavailable at any time or for any period.
2.2 From time to time, we may restrict access to some parts of our Website or our entire Website.
3.1 In consideration of us agreeing to allow you to use the Website to search our information resources and directories, you agree that you will only use, reproduce and print materials comprising the results of such searches for your own personal, non-commercial purposes. In particular, you must not use the contact details provided by advertisers to contact such advertisers other than in connection with a genuine enquiry relating to the purchase by you of the products and/or services in question.
3.2 The pages contained in the Website may contain technical inaccuracies and typographical errors. The information in these pages may be updated from time to time and may at times be out of date. We accept no responsibility for keeping the information in these pages up to date or liability for any failure to do so.
3.3 The information contained in the material in the Website is only for information purposes. The material on the Website does not constitute advice. You should not rely on any material on the Website to make (or refrain from making) any decision or take (or refrain from taking) any action.
3.4 The Website contains material submitted and created by private and trade dealers and other third parties. We are not responsible for the creation of this material. We exclude all liability for any illegality arising from or error, omission or inaccuracy in such material.
3.5 The Website publishes advertisements placed by third parties to advertise their goods and/or services (Advertised Products). We do not have any control over the sale or supply of goods any Advertised Products and have no liability for these or for any losses that you may incur as a result of purchasing any Advertised Products. If you choose to purchase any Advertised Products the contract will be between you and the third party advertiser and not with us.
3.6 We give no warranties, conditions, guarantees or representations, express or implied, as to :-
(a) the completeness or accuracy of the advice and information contained on the Website or any website to which it is linked;
(b) the completeness or accuracy of the advertisement or listing information contained on the Website or any website to which it is linked
(c) the completeness of the results of any search of our information or listing database.
3.7 We are not liable for any failure to perform any of our obligations under these terms and conditions caused by matters beyond our reasonable control.
4. COPYRIGHT AND TRADE MARKS
4.1 All trade marks, names, and logos which identify us are the proprietary marks of us or of our associated companies. Marks identifying third parties are owned or licensed by those third parties or their associated companies. Nothing in these terms and conditions in any way confers on you any licence or right under any trade marks, names or logos.
4.2 Except as expressly permitted by these terms and conditions, you may not copy, reproduce, redistribute, download, republish, transmit, display, adapt, alter, create derivative works from or otherwise extract or re-utilise any of the contents of the Website. In particular, but without limitation, you must not cache any of the contents for access by third parties nor mirror or frame any of the content of the Website nor incorporate it into another website or otherwise republish it without our express written permission.
4.3 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.
5. THE SERVICES
5.1 The Website may provide communication tools such as email and the ability for businesses to post trade adverts (the Services).
5.2 We may at any time vary the technical specifications of the Website (or any part of it) for operational reasons which may affect the Services
6. PLACING ADVERTS
6.1 The provisions of this Clause 6 shall only apply if you want to place an advert upon our Website.
6.2 All adverts must be pre-paid prior to publication. You shall be liable to pay such rates as stated by us.
6.3 Payment must be made in the manner set out on our invoices.
6.4 We aim to process and publish adverts supplied on-line promptly.
6.5 We shall provide the advertising services with reasonable care and skill.
6.6 You acknowledge and accept that it is technically impossible to guarantee that the Website will be continuously available online or the corruption free or error free transfer of the advert to such websites.
6.7 We do not monitor or control and shall not be responsible for the content of your advert which you agree is your sole responsibility.
6.8 You warrant that:
(a) all copy information and materials that you provide to us is complete, accurate, legal, non-defamatory, decent, honest and truthful and complies with the British Code of Advertising Practice and all other applicable standards and legislation;
(b) the publication of the advert by us will not breach any contract, infringe any third party intellectual property rights or other rights; render us liable to any proceedings; and / or
(c) in respect of any advert which contains any text or photographs or other content by which any living person is or can be identified, you have obtained the necessary authority of such living person and complied with the Data Protection Act 1998 (as amended from time to time).
6.9 We may remove an advert if:
(a) You fail to comply with these Terms and Conditions
(b) We suspect that you are not complying with these Terms and Conditions; and / or
(c) any competent law enforcement or compliance authority instructs, advises or makes a recommendation to us to take down any of your adverts and/or suspend the delivery of Services to you.
6.10 If we remove an advert in accordance with these Terms and Conditions we you will not be entitled to any refund for the advert in question.
6.11 We reserve the right to refuse to publish any advert without reason and to classify, edit and delete an advert at our sole discretion.
6.12 We shall not be liable to You for any delay in performing and/or any failure to perform our obligations in relation to any advertising services if the delay or failure is due to any cause beyond our reasonable control.
6.13 By submitting an advert to us, you are authorising us to place the advert on the Website. This means that the advert together with your contact detail can potentially be viewed by all persons with internet access throughout the world. You consent to the publication of your data in this way.
6.14 You acknowledge and agree that by placing an advert with us, we may collect certain personal data relating to you and/or your employees, consultants and/or contractors (as applicable).
7. CHILD SUPERVISION
7.1 We are concerned about the safety and privacy of our users, particularly children. Parents who wish to allow their children access to and use of the Website/Services should supervise such access and use.
8. PRIVACY AND COOKIES
8.1 We are committed to responsible data management and subscribe to the principles of the data protection legislation in the United Kingdom.
9. ACCEPTABLE USE
9.1 In using the Website/Services you agree not to:
(a) use the Services to send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise;
(b) post, publish, distribute or disseminate material or information that is defamatory, infringing, obscene, indecent, threatening, abusive, harassing or unlawful;
(c) 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;
(d) threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others;
(e) use any information or material in any manner that infringes any copyright, trademark, patent or other proprietary right of any party;
(f) 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;
(g) collect or store personal information about others, including email addresses;
(h) advertise or offer to buy or sell goods or services for any commercial purpose, unless such communication facility specifically allows such messages;
(i) impersonate any person or entity for the purpose of misleading others;
(j) violate any applicable laws or regulations;
(k) 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;
(l) 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);
(m) 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.
10.1 We have the right to terminate your access to the Website and / or any or all of the Services at any time, without notice, for any reason, including without limitation, breach of these Terms and Conditions.
10.2 We may also at any time, at our sole discretion, discontinue the Website and / or 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.
11. LINKS TO THIRD PARTY WEBSITES
11.1 The Website and / or 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 we not responsible for the content or availability of any such sites.
12. INTERNATIONAL USE
12.1 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.
13.1 You agree to indemnify and hold us harmless from and against any breach by you of these Terms and Conditions and any claim or demand brought against us by any third party arising out of your use of 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 us in consequence of your breach of these Terms and Conditions.
14. DISCLAIMERS AND LIMITATION OF LIABILITY
14.1 Use of the Website and / or Services is at your own risk.
14.2 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.
14.3 To the extent permitted by law, we will not be liable for:
(a) any indirect or consequential loss or damage whatsoever;
(b) loss of income or revenue;
(c) loss of business;
(d) loss of profits or contracts;
(e) loss of anticipated savings;
(f) loss of data;
(g) loss of goodwill;
(h) wasted management or office time;
(i) for any other loss or damage of any kind, howsoever arising and whether caused by tort (including negligence), breach of contract or other wise, even if foreseeable; and / or
(j) loss of business, opportunity, data or profits;
arising out of or in connection with the use of the Website and / orServices.
14.4 We make no warranty or guarantee that:
(a) the Website and / or Services will meet your requirements;
(b) that the content will be accurate or reliable;
(c) that the functionality of the Website/Services will be uninterrupted or error free; and / or
(d) 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.
14.5 Where applicable our total liability to you in contract, tort (including, without limitation, negligence), statutory duty or otherwise (unless otherwise excluded) shall not exceed the amount paid by you for the relevant advertising services in the week during which the event giving rise to the liability occurred.
14.6 Nothing in these Conditions shall exclude or restrict our liability for death or personal injury caused by our negligence, for fraudulent misrepresentation and / or for any other liability which we are not permitted to exclude or limit by law.
14.7 Nothing in these Terms and Conditions shall affect your statutory rights as a consumer.
15.1 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.
16. GOVERNING LAW
16.1 These Terms and Conditions shall be governed by and construed in accordance with the law of England and you hereby submit to the exclusive jurisdiction of the English courts.