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These terms and
conditions govern your use of our website; by using our website, you
accept these terms and conditions in full. If you disagree with these
terms and conditions or any part of these terms and conditions, you must
not use our website.
Unless otherwise
stated, we or our licensors own the intellectual property rights in the
website and material on the website.
Subject to the licence below, all these intellectual property
rights are reserved. You may view, download for caching purposes only, and print pages from
the website for your own personal use, subject
to the restrictions set out below and elsewhere in these terms and
conditions. You must not: (a) republish material from this website (including republication on another website); (b) sell, rent or sub-license material from the website; (c) show any material from the website in public; (d) reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose; (e) edit or otherwise modify any material on the website; or (f)
redistribute
material from this website except for content specifically and expressly
made available for redistribution. Where
content is specifically made available for redistribution, it may only be
redistributed with a link back to us as instructed.
You must not use our
website in any way that causes, or may cause, damage to the website or
impairment of the availability or accessibility of the website; or in any
way which is unlawful, illegal, fraudulent or harmful, or in connection
with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use our
website to copy, store, host, transmit, send, use, publish or distribute
any material which consists of (or is linked to) any spyware, computer
virus, Trojan horse, worm, keystroke logger, rootkit or other malicious
computer software. You must not conduct
any systematic or automated data collection activities (including without
limitation scraping, data mining, data extraction and data harvesting) on
or in relation to our website without our express written consent. You must not use our
website to transmit or send unsolicited commercial communications. You must not use our
website for any purposes related to marketing without our express written
consent.
Access to certain
areas of our website is restricted. We reserve the right to restrict
access to other areas of our website, or indeed our whole website, at our
discretion. If
we provide you with a user ID and password to enable you to access
restricted areas of our website or other content or services, you must
ensure that that user ID and password is kept confidential. We may disable your
user ID and password in our sole discretion without notice or explanation.
In these terms and
conditions, “your user content” means material (including without
limitation text, images, audio material, video material and audio-visual
material) that you submit to our website, for whatever purpose. You grant to us a
worldwide, irrevocable, non-exclusive, royalty-free licence to use,
reproduce, adapt, publish, translate and distribute your user content in
any existing or future media. You
also grant to us the right to sub-license these rights, and the right to
bring an action for infringement of these rights. Your user content must
not be illegal or unlawful, must not infringe any third party's legal
rights, and must not be capable of giving rise to legal action whether
against you or us or a third party (in each case under any applicable
law). You must not submit
any user content to the website that is or has ever been the subject of
any threatened or actual legal proceedings or other similar complaint. We reserve the right
to edit or remove any material submitted to our website, or stored on our
servers, or hosted or published upon our website. Notwithstanding our
rights under these terms and conditions in relation to user content, we do
not undertake to monitor the submission of such content to, or the
publication of such content on, our website.
Whilst we endeavour to
ensure that the information on this website (excluding user content)
is correct, we do not warrant its completeness or accuracy; nor do
we commit to ensuring that the website remains available or that the
material on the website is kept up-to-date. To the maximum extent
permitted by applicable law we exclude all representations, warranties and
conditions relating to this website and the use of this website
(including, without limitation, any warranties implied by law of
satisfactory quality, fitness for purpose and/or the use of reasonable
care and skill).
Nothing
in these terms and conditions (or elsewhere on our website) will exclude
or limit our liability for fraud, for death or personal injury caused by
our negligence, or for any other liability which cannot be excluded or
limited under applicable law. Subject to this, our liability to you in relation to the use of our website or under or in connection with these terms and conditions, whether in contract, tort (including negligence) or otherwise, will be limited as follows: (a) to the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature; (b) we will not be liable for any consequential, indirect or special loss or damage; (c) we will not be liable for any loss of profit, income, revenue, anticipated savings, contracts, business, goodwill, reputation, data, or information; (d) we will not be liable for any loss or damage arising out of any event or events beyond our reasonable control; (e) our maximum liability in relation to any event or series of related events will be limited to ten British pounds (£10.00 GBP).
You hereby indemnify
us and undertake to keep us indemnified against any losses, damages,
costs, liabilities and expenses (including without limitation legal
expenses and any amounts paid by us to a third party in settlement of a
claim or dispute on the advice of our legal advisers) incurred or suffered
by us arising out of any breach by you of any provision of these terms and
conditions, or arising out of any claim that you have breached any
provision of these terms and conditions.
Without
prejudice to our other rights under these terms and conditions, if you
breach these terms and conditions in any way, we may take such action as
we deem appropriate to deal with the breach, including suspending your
access to the website, prohibiting you from accessing the website,
blocking computers using your IP address from accessing the website,
contacting your internet service provider to request that they block your
access to the website and/or bringing court proceedings against you.
We
may revise these terms and conditions from time-to-time.
Revised terms and conditions will apply to the use of our website
from the date of the publication of the revised terms and conditions on
our website. Please check
this page regularly to ensure you are familiar with the current version.
We may transfer,
sub-contract or otherwise deal with our rights and/or obligations under
these terms and conditions without notifying you or obtaining your
consent. You may not transfer,
sub-contract or otherwise deal with your rights and/or obligations under
these terms and conditions.
If
a provision of these terms and conditions is determined by any court or
other competent authority to be unlawful and/or unenforceable, the other
provisions will continue in effect. If
any unlawful and/or unenforceable provision would be lawful or enforceable
if part of it were deleted, that part will be deemed to be deleted, and
the rest of the provision will continue in effect.
These terms and conditions are for the benefit of you and us, and are
not intended to benefit any third party or be enforceable by any third
party. The exercise of our
and your rights in relation to these terms and conditions is not subject
to the consent of any third party.
These
terms and conditions, together with our privacy policy, constitute the
entire agreement between you and us in relation to your use of our
website, and supersede all previous agreements in respect of your use of
this website.
These
terms and conditions will be governed by and construed in accordance with
English law, and any disputes relating to these terms and conditions will
be subject to the non-exclusivejurisdiction of the courts of England and
Wales.
You can contact us online via our helpdesk here: http://ellasylvian.com/support/ Or
by post: Suite 828 |
These terms
and conditions
are courtesy of
Website Contracts
and Website Law