ATTENTION: These
Terms and conditions apply to the entire contents of the website accessible
at www.gardenforum.co.uk (the “Site”)
and to any correspondence by e-mail between us and you. Please read these
terms carefully before using the Site. Using the Site indicates that you
accept these terms and conditions regardless of whether or not you choose
to register with us. If you do not accept these terms, do not use the Site.
This notice is issued by Gardenforum Limited (Company registration number
3931119) (the “Company”). The Company controls and operates the Site
from the United Kingdom
and complies with English law.
Introduction
You may access most areas of the Site without registering
your details with us. Certain areas of the Site are only open to you if you
register or subscribe.
By accessing any part of the Site, you shall be deemed to have accepted
this legal notice in full. If you do not accept this legal notice in full,
you must leave the Site immediately.
The Company reserves the right to modify, add to or change
these Terms and Conditions at any time without notice. Any such modifications,
additions or changes will be effective immediately on being posted to the
Site and continued use of the Site is your acceptance of these.
Licence
You are permitted to print and download extracts from the Site for
your own personal use on the following basis:
You acknowledge that, the copyright, trade marks, service marks,
patents, database rights and other intellectual property rights in all material
on the Site (including without limitation photographs and graphical images)
are owned by the Company or its licensors. For the purposes of this legal
notice, any use of extracts from the Site other than in accordance with paragraph
(a)-(d) above for any purpose is prohibited. If you breach any of the terms
in this legal notice, your permission to use the Site automatically terminates
and you must immediately destroy any downloaded or printed extracts from the
Site.
Any rights not expressly granted in these terms are reserved.
If you breach any of these
Terms and Conditions, your authorisation to use the Sites automatically terminates
and you must immediately destroy any downloaded or printed materials.
While the Company endeavours to ensure that the Site is normally
available 24 hours a day, the Company shall not be liable if for any reason
the Site is unavailable at any time or for any period.
Access to the Site may be suspended temporarily and without notice
in the case of system failure, maintenance or repair or for reasons beyond
the Company’s control.
Any material you transmit or post to the Site shall be considered
non-confidential and non-proprietary. The Company shall have no obligations
and accepts no liability with respect to such material and reserves the right
to reject the same. The Company and its designees shall be free to alter,
copy, disclose, distribute, incorporate and otherwise use such material and
all data, images, sounds, text and other things embodied therein for any and
all commercial or non-commercial purposes.
You are prohibited from posting or transmitting to or from the Site
any material:
|
(a) |
that is threatening, defamatory,
obscene, indecent, seditious, offensive, pornographic, abusive, liable
to incite racial hatred, discriminatory, menacing, scandalous, inflammatory,
blasphemous, in breach of confidence, in breach of privacy or which may
cause annoyance or inconvenience; or |
| (b) |
for which you have not obtained all necessary licences
and/or approvals; or |
| (c) |
which
constitutes or encourages conduct that would be considered a criminal
offence, give rise to civil liability, or otherwise be contrary to the
law of or infringe the rights of any third party, in the UK or any other
country in the world; or |
| (d) |
which is technically
harmful (including, without limitation, computer viruses, logic bombs,
Trojan horses, worms, harmful components, corrupted data or other malicious
software or harmful data). |
You may not misuse the Site (including, without limitation, by hacking).
The Company shall fully co-operate with any law enforcement authorities
or court order requesting or directing the Company to disclose the identity
or locate anyone posting any material in breach of paragraphs (a)-(d).
Privacy
The Company promotes
the privacy of personal information and complies with the Data Protection
Act 1998.
Links
to third party websites on this Site are provided solely for your convenience.
If you use these links, you leave this Site. The Company has not reviewed
all of these third party websites and does not control and is not responsible
for these websites or their content or availability. The Company therefore
does not endorse or make any representations about them, or any material found
there, or any results that may be obtained from using them. If you decide
to access any of the third party websites linked to this Site, you do so entirely
at your own risk.
If
you would like to link to this Website, you may only do so on the basis that
you link to, but do not replicate, the home page of this Website, and subject
to the following conditions:
|
(a) |
you do not remove, distort
or otherwise alter the size or appearance of the Company logo; |
| (b) |
you do not create a frame or any other browser or border
environment around this Site; |
| (c) |
you do not in any way imply that the Company is endorsing any products
or services other than its own; |
| (d) |
you do not
misrepresent your relationship with the Company nor present any other
false information about the Company; |
| (e) |
you do not otherwise
use any Company trade marks displayed on this Site without express written
permission from the Company; |
| (f) |
you do not link from
a website that is not owned by you; and |
| (g) |
your website does
not contain content that is distasteful, offensive or controversial, infringes
any intellectual property rights or other rights of any other person or
otherwise does not comply with all applicable laws and regulations. |
The
Company expressly reserves the right to revoke the right granted above and
to take any action it deems appropriate.
You
shall fully indemnify the Company for any loss or damage suffered by the Company
or any of its group companies for breach of the above terms.
Each registration is for a single user only. The Company does not
permit you to share your user name and password with any other person nor
with multiple users on a network. Each
registration assigned to an individual e-mail address is for a single user
only.
Responsibility for the security of any passwords issued rests with
you.
The Company reserves the
right to introduce a subscription service in the future, whereby you will
need to pay a subscription fee for certain services offered via the Site.
In order to receive such
services, you will have to open an account via the Site. You will be entirely
responsible for maintaining the confidentiality of your account, including
your password, and for any and all activity that occurs under your account.
The subscription fee,
as set out on the Site, will be payable by you upon opening of the account.
The subscription fee shall be paid in accordance with the methods specified
on the Site. Your subscription may be renewed on a yearly basis.
Disclaimer
Whilst every reasonable effort has been made to ensure that the information
on the Site is correct, the Company does not warrant the accuracy and completeness
of the material on the Site. The Company may make changes to the material
on the Site, or to the products and prices described in it, at any time without
notice. The material on this Site may be out of date, and the Company makes
no commitment to update such material.
The material on the Site is provided on an “as is” basis, without
any conditions, warranties or other terms of any kind. Accordingly, to the
maximum extent permitted by law, the Company provides you with this Site on
the basis that the Company excludes all representations, warranties, conditions
and other terms (including, without limitation, the conditions implied by
law of satisfactory quality, fitness for purpose and the use of reasonable
care and skill) which but for this legal notice might have effect in relation
to the Site.
The Company, any other party (whether or not involved in creating,
producing, maintaining or delivering the Site), and any of the Company’s group
companies and the officers, directors, employees, shareholders or agents of
any of them, exclude all liability and responsibility for any amount or kind
of loss or damage that may result to you or a third party (including without
limitation, any direct, indirect, punitive or consequential loss or damages,
or any loss of income, profits, goodwill, data, contracts, use of money, or
loss or damages arising from or connected in any way to business interruption,
and whether in tort (including without limitation negligence), contract or
otherwise) in connection with this Site in any way or in connection with the
use, inability to use or the results of use of this Site, any websites linked
to this Site or the material on such websites, including but not limited to
loss or damage due to viruses that may infect your computer equipment, software,
data or other property on account of your access to, use of, or browsing this
Site or your downloading of any material from this Site or any websites linked
to this Site.
Nothing in this legal notice shall exclude or limit the Company’s
liability for:
If your use of material on this Site results in the need for servicing,
repair or correction of equipment, software or data, you assume all costs
thereof.
This
legal notice shall be governed by and construed in accordance with English
law. Disputes arising in connection with this legal notice shall be subject
to the exclusive jurisdiction of the English courts.
Issue
Date: January 2006
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