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Terms
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Please read the following Terms carefully. The Services and the use of
the Website is subject to Your agreement to these terms and conditions
and Your continued use of the Website signifies agreement to them in their
entirety and without modification.
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| 1. Definitions |
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In these Terms the following words and expressions shall, where the context
so admits, be given the following meanings:-
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| 1.1 |
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"Address
For Supply" means such website address as is stated by You in the Application
Form or any replacement notified to the Provider by You;
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| 1.2 |
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"Application Form" means the form completed and submitted by
You on the Website in relation to the Services;
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| 1.3 |
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"Communication Facility" means any bulletin boards, chat rooms
or other messaging or communication facilities that may from time to time
be contained in the Website;
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| 1.4 |
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"Confirmation" means the notice issued by the Provider on the
Website confirming that an Application Form has been accepted and the
Contract formed;
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| 1.5 |
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"Confirmation E-mail" means the e-mail sent to You by the Provider
confirming the terms of the Contract;
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| 1.6 |
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"Contact Page" means the page on the Website detailing the
Provider's contact details set out at click here;
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| 1.7 |
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"Contract" means the agreement between You and the Provider
more particularly defined in Term 2.3;
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| 1.8 |
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"Contract Date" means the date the Confirmation is issued.
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| 1.9 |
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"Fees" means any sums due and payable by You under the Contract.
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| 1.10 |
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"Intellectual Property Rights" means any patents, copyright,
database rights, design rights, registered designs, trademarks or service
marks, trade names or know-how (whether registered or not and including
any applications or rights to apply for registration) and all rights of
forms of protection of a similar nature subsisting anywhere in the world;
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| 1.11 |
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"Invoice Date" means the date from which an invoice may be
issued by the Provider being;
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| 1.12 |
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"Licence Agreement" means
any end user licence agreement which may accompany the
Software;
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| 1.13 |
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"Provider" means the Limited Company of DP Internet Trading Ltd, The Armoury, Fort Wallington, Fareham, Hants, PO16 8TT, ENGLAND;
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| 1.14 |
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"Service Data" means any data compiled by the Provider as may
be provided to You as part of the Services;
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| 1.15 |
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"Set-up Fee" means any sum payable in advance in relation to
the set-up of the Service Package;
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| 1.16 |
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"Software" means any software that may be made available to
download from the Website or is provided to You as part of the Services;
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| 1.17 |
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"Terms" means these terms and conditions and "Term"
shall be construed accordingly;
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| 1.18 |
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"Website" means www.milliondollarengine.com and/or www.mde5.com and the content and format
of all pages from time to time situated at these Web addresses;
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| 1.19 |
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"You" (and related expressions such as "Your") means
the user of the Website who may submit an Application Form in respect
of the Services.
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| 2. |
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Formation of the Contract
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| 2.1 |
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The Application Form constitutes an offer by You which shall not be binding
upon the Provider until accepted by the issue of the Confirmation.
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| 2.2 |
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No Application Form shall in any event be binding upon the Provider unless
it is completed and submitted to the Provider in the manner stipulated
on the Website.
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| 2.3 |
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The Terms, Application Form and the Confirmation represent the complete
agreement between us and shall override any differing terms and/or conditions
which may appear or be referred to by You in any correspondence, other
documentation or otherwise.
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| 2.4 |
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No change shall be made to any Contract without the written consent of
the Provider. The right of the Provider to correct clerical errors in
the Terms, Application Form and/or Confirmation is reserved.
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| 2.5 |
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The Provider shall provide a Confirmation E-mail to You within 5 Working
Days of the Contract Date.
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| 3. |
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Provision of the Services
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The Provider shall from the issue of the Confirmation provide the Services
to the Address for Supply.
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| 4. |
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Fees |
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| 4.1 |
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The Fees are exclusive of Value Added Tax and all applicable taxes, duties,
tariffs and such charges of any nature imposed in any country or territory
in respect of the Services.
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| 4.2 |
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You shall not be entitled to make any deduction from the Fees in respect
of any alleged right of set-off or counter claim.
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5.
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Payment |
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Cancellation Right |
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| 6.1 |
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You may cancel the Services by written notice to the Provider within
7 Working Days of Your receipt of the Confirmation E-mail.
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| 6.2 |
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In circumstances where You cancel the Services in accordance with Term
6.1 the Provider shall refund all Fees paid by You under the Contract,
within 30 days of the date of Your notice of cancellation.
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| 7. |
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Termination and Consequences
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| 7.1 |
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Either party shall be entitled to terminate the Contract at any time
by 30 days written notice to the other.
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| 7.2 |
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Either party shall be entitled to terminate the Contract forthwith by
written notice to the other, in the event that:-
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| 7.2.1 |
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the other commits a material breach of the Contract which, in the case
of a breach capable of remedy has not been remedied within 14 days of
a written request to do so; or
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| 7.2.2 |
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the other makes a composition or arrangement with its creditors or has
a receiver appointed over all or any of its assets or (being a company)
becomes subject to an administration order or goes into liquidation whether
compulsory or voluntary (otherwise for the purpose of amalgamation or
reconstruction) or anything analogous to the foregoing occurs where the
other is an individual.
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| 7.3 |
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Termination of this Contract shall be without prejudice to any other
rights or remedies a party may be entitled to under this Contract or at
law and shall not affect any accrued rights or liabilities of either party
nor the coming into or continuance in force of any provision of this Contract
which is expressly or by implication intended to come into or continue
in force on or after such termination (including Your liability in respect
of any Fees outstanding).
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| 7.4 |
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For the avoidance of doubt You shall not be entitled to Service Data
in any form following termination of this Agreement, such Service Data
remaining the property of the Provider.
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| 8. |
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Website |
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| 8.1 |
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The Provider may update or otherwise change the content of the Website
at any time and without notice to You. It is Your responsibility to ensure
You are aware of any changes the Provider may make from time to time.
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| 8.2 |
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The Website may contain hyperlinks to sites operated by companies or
organisations other than the Provider.
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| 9. |
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Your Use of the Website and the Services
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| 9.1 |
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You may not use the Website or the Services other than as expressly authorised
within these Terms or within the Website itself.
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| 9.2 |
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You may download to a local hard disk and print extracts from the Website
and/or the Service Data solely for Your personal or Your business's internal
use.
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| 9.3 |
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Subject to Term 9.2 You may not copy or reproduce part or all of the
Website and/or the Service Data in any form including without limitation,
its incorporation into or storage in any other website, electronic retrieval
system, publication or other work (whether hardcopy, electronic or other).
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| 9.4 |
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You may not frame or link to the Website or any part of it without the
Provider's express written permission.
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| 9.5 |
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You may not use the Website or the Services for any illegal or any unlawful
purpose or in any manner which may bring the Provider into disrepute.
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| 9.6 |
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You warrant that the Address For Supply does not and will not contain
or encourage any of the following:-
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| 9.6.1 |
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defamatory, misleading or deceptive material; |
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| 9.6.2 |
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abusive or offensive material. |
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| 9.6.3 |
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obscenity; |
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| 9.6.4 |
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discrimination; |
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| 9.6.5 |
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spamming; |
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| 9.6.6 |
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illegality; |
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| 9.6.7 |
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Intellectual Property Rights infringement. |
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| 9.7 |
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You shall indemnify the Provider fully against all loss and/or damage
suffered as a result of any breach of this Term.
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| 10. |
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Use of Communication Facility
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| 10.1 |
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You may use the Communication Facility only to send messages and material
that are appropriate and related to the Website and/or Services. In particular,
without limitation, You shall not do any of the following:-
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| 10.1.1 |
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defame, abuse, harass, stalk, threaten or otherwise violate the legal
rights (such as rights of privacy) of others;
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| 10.1.2 |
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publish, post, distribute or disseminate any defamatory, infringing,
obscene, indecent or unlawful material or information;
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| 10.1.3 |
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upload files that contain software or other material protected by intellectual
property laws (or by rights of confidentiality or privacy) unless You
own or control the rights in question or have received all necessary consents
in writing;
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| 10.1.4 |
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upload files that contain viruses, corrupted files or any other similar
software or programmes that may damage the operation of the Provider's
or another's computer;
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| 10.1.5 |
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upload files which contain a active hypertext
link to another website; |
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| 10.1.6 |
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delete any author attributions, legal notices or proprietary designations
or labels in any file that is uploaded;
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| 10.1.7 |
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falsify the origin or source of software or other material contained
in the file that is uploaded;
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| 10.1.8 |
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advertise or offer to sell any goods or services, or conduct or forward
surveys, contests, or chain letters;
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| 10.1.9 |
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download any file posted by another user of a Communication Facility
that You know, or reasonably should know, can not be legally distributed
in such a manner.
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| 10.2 |
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The Provider shall be entitled at any time to delete, remove or suspend
the whole or any part of any Communication Facility or any information
posted upon them without incurring any liability.
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| 11. |
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Use or Downloading of the
Software |
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| 11.1 |
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Your use of any of the Software is governed by the terms of the Licence
Agreement, if any, which accompanies that Software.
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| 11.2 |
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You may install and/or use any of the Software accompanied by a Licence
Agreement, only if You first agree to the terms of the Licence Agreement.
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| 11.3 |
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If any of the Software is not accompanied by a Licence Agreement, the
Provider hereby grants to You a personal, non-transferrable licence to
use that Software solely as required for viewing and otherwise using the
Website in accordance with these Terms.
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| 11.4 |
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All Intellectual Property Rights and goodwill in the Software belong
to the Provider, or to our suppliers and You agree not to use the Software
in any manner that may infringe those rights.
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| 12. |
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Intellectual Property Rights
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All Intellectual Property Rights and goodwill in or relating to the content
of the Website and the Service Data belong to the Provider and You may
not copy, republish or otherwise use the content of the Website and/or
the Service Data save as provided in these Terms.
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Acceptance of Statutory Liability
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| 13.1 |
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The Provider does not seek to exclude or restrict any legal liability
it may have for death or personal injury resulting from the Provider's
negligence.
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| 13.2 |
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The Provider does not seek to exclude its obligation to provide the Services
with reasonable care and skill.
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| 14. |
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Limitation of Liability |
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Your attention is particularly drawn to the provisions of this Term
15. The Term shall not be construed as affecting the statutory rights
of a consumer.
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| 14.1 |
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The Provider shall not be liable for any loss and/or damage to Your physical
property, howsoever caused.
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| 14.2 |
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The Provider shall in no circumstances be liable for Your economic or
other consequential or indirect loss and/or damage, whether arising from
the Provider's negligence or otherwise.
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| 14.3 |
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The contents of the Website and/or Service Data does not constitute advice
and should not be relied upon in making or refraining from making a decision.
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| 14.4 |
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The Provider does its best to ensure that the information contained in
the Website and the Service Data is accurate and helpful at all times.
The provider can not, however, guarantee the accuracy of such information
and can not be liable for any use of or reliance on it by You except as
specifically agreed with the Provider in writing.
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| 14.5 |
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Any link used on the Website is provided solely for Your use and convenience.
Such links do not represent an endorsement or recommendation by the Provider
and do not mean that the Provider has any association with the linked
website. The Provider is not, therefore, responsible for the content of
any websites that have links with the Website or for the consequences
of You entering into any contract(s) with their owners and does not accept
any liability for any loss, damage, expense, costs or liability incurred
by You as a result.
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| 14.6 |
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Advertising and/or sponsorship may be included on the Website. Such adverts
and/or sponsorship does not represent an endorsement or recommendation
by the Provider who is not responsible for any error or inaccuracy in
such material.
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The Provider uses commercially reasonable efforts to check for the most
commonly known viruses. The Provider does not confirm that the Website,
any e-mails or attachments are virus free and cannot accept any liability
in this regard. The Provider, therefore, recommends You carry out Your
own virus checks.
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Data Protection |
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| 15.1 |
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The Provider is committed to ensuring that Your privacy is protected
and understands the need for appropriate protection of all personal information
provided by You to the Provider. The Provider will therefore ensure that
it complies with UK legislation in this area. By entering and using the
Website, You consent to the collection, use and retention of Your personal
information for our legitimate business purposes.
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| 15.2 |
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The Provider will not disclose Your personal information to any third
party without Your consent except where necessary in relation to any supply
of Services or to protect against fraud or any other crime or in the unlikely
event that the Provider sells or transfers its business then to the purchaser
of that business.
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| 16. |
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Force Majeure |
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Neither party shall be liable to the other in relation to any delay in
performing or any failure to perform any of its obligations under the
Contract if the delay is due to an event beyond that party's reasonable
control including, but not limited to, any failure of transmission, communication,
computer or other facilities or inability to access the Website for any
reason or any failure, error or delay in sending or receiving any notice
or communication through any electronic medium.
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| 17. |
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Complaints |
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The Provider takes all complaints made by You seriously. In circumstances
where You have a complaint please contact the Provider stating clearly
the nature of Your complaint. The Provider will endeavour to acknowledge
Your complaint within 5 Working Days.
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| 18. |
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Notices |
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| 18.1 |
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Any notice, request, instruction or other document to be given in association
with the Contract shall be sent by e-mail transmission to the address
set out in the Acceptance Form or on the Contact Page as the case may
be or such other address as may be subsequently notified.
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| 18.2 |
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Any such notice or other document shall be deemed to have been served
on the expiration of 12 hours after dispatched, save in circumstances
where the Customer is cancelling the Services under Term 7 when it shall
be deemed to have been served on the day despatched by the Customer.
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| 19. |
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General |
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| 19.1 |
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Neither party may assign the benefit or burden of the Contract without
the prior written consent of the other, save that the Provider may assign
all or a substantial part of the benefit and burden of the Contract to
any company to which the business and assets of the Provider have been
transferred as a going concern.
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| 19.2 |
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No waiver by the Provider of any breach of the Contract by You shall
be considered as a waiver of any subsequent breach of the same or any
other Term.
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| 19.3 |
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The headings of the Terms are for convenience only and shall not form
part of the Terms or affect their interpretation.
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| 19.4 |
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The Contract shall be governed by English Law and You agree to submit
the exclusive jurisdiction of the English Courts for the determination
of any dispute arising hereunder.
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| 19.5 |
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If any part of the Contract is held to be invalid for any reason by any
Court or competent authority such part, shall to that extent, be deemed
not to form part of the Contract but the validity and enforceability of
the remainder of the Contract shall not be affected.
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| 19.6 |
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A person who is not a party to the Contract has no rights under the Contracts
(Rights of Third Parties) Act 1999 to enforce any Term of the Contract.
This Term does not however affect any right or remedy of a third party
which exists or is available apart from that Act.
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| 20. |
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Acceptance |
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To complete and submit an Application Form requesting Services please
click below. Please note that the Services and use of the Website is subject
to the Terms. click here
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