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Terms
& Conditions
Any use
by you of the website www.lancaster-online.co.uk (the “Site”) is
conditional upon your acceptance of these Terms & Conditions,
including our Privacy Policy. Your use of the Site indicates that you
accept these Terms & Conditions, regardless of whether or not you
choose to register with us. We reserve the right to amend these Terms
& Conditions from time to time without notice and at our discretion.
Any such amendments shall come into effect immediately once posted,
therefore it is your responsibility to periodically review this page.
Your continued use of the Site will be deemed acceptance of any such
amended Terms & Conditions.
IF
YOU DO NOT ACCEPT THESE TERMS & CONDITIONS, DO NOT USE THIS WEBSITE.
THIS NOTICE IS ISSUED BY LANCASTER PRIVATE HIRE (THE “COMPANY”).
1 LICENCE
1.1 You are permitted to print and download extracts from the Site
solely for your lawful, personal, non-commercial use on the following
basis:
(a) no text, documents, graphics or other content on the Site are
modified in any way;
(b) no graphics on the Site are used separately from accompanying text;
and
(c) the Company’s copyright notice and this permission notice appear
in all copies.
1.2 Unless otherwise stated, the copyright and other intellectual
property rights in all material and content on the Site (including,
without limitation, text, images, web pages, sound, software (including
code, interface and website structure), video, photographs and graphical
images, and the look and feel, design and compilation thereof) are owned
by the Company or its licensors. For the purposes of these Terms &
Conditions, any use of extracts from the Site other than in accordance
with paragraph 1.1 above for any purpose is prohibited. For the
avoidance of doubt, you agree that you are permitted to use this
material and/or content only as set out in these Terms & Conditions
or as otherwise expressly authorised in writing by the Company or its
licensors, and that you may not otherwise copy, reproduce, transmit,
publicly perform, distribute, commercially exploit, adapt, translate,
modify, bundle, merge, share, make available to any person, or create
derivative words of such material or content. If you breach any of these
Terms & Conditions, your permission to use the Site automatically
terminates and you must immediately destroy any downloaded or printed
extracts from the Site.
1.3 The Company is the owner and/or authorised user of all trade marks,
service marks, patents, copyrights, database rights and all other
intellectual property appearing on or contained within the Site, unless
otherwise indicated. Except as provided in these Terms & Conditions,
use of the Site does not grant to you any right, title, interest or
licence to any such intellectual property accessed on the Site. Except
as provided in these Terms & Conditions, any use or reproduction of
the intellectual property is prohibited.
1.4 Subject to paragraph 1.1, no part of the Site may be reproduced or
stored in any other website or included in any public or private
electronic retrieval system or service without the Company’s prior
written permission.
1.5 Any rights not expressly granted in these Terms & Conditions are
reserved.
2 SERVICE ACCESS
2.1 While the Company endeavours to ensure that the Site is normally
available 24 hours a day, the Company will not be liable if for any
reason the Site is unavailable at any time or for any period.
2.2 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.
3 VISITOR MATERIAL AND CONDUCT
3.1 Other than personally identifiable information, which is covered
under the Privacy Policy, any material you transmit or post to the Site
will be considered non-confidential and non-proprietary. The Company
will have no obligations with respect to such material. The Company and
its designees will be free to 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.
3.2 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;
(b) for which you have not obtained all necessary licences and/or
approvals;
(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 harmful in a technical sense (including, without
limitation, computer viruses, logic bombs, Trojan horses, worms, harmful
components, corrupted data or other malicious software or harmful data).
3.3 You may not misuse the Site (including, without limitation, by
hacking it).
3.4 The Company will fully cooperate 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 3.2 or 3.3.
4 LINKS TO AND FROM OTHER WEBSITES
4.1 Any links to third party websites on the Site are provided solely
for your convenience. If you use these links, you leave the 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. 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 the Site, you do so entirely at your own risk.
4.2 If you would like to link to the Site, you may only do so on the
basis that you link to (but do not replicate) the home page of the Site,
subject also to the following conditions:
(a) you do not remove, distort or otherwise alter the size or appearance
of the Lancaster logo;
(b) you do not create a frame or any other browser or border environment
around the 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 Lancaster trade marks displayed on the
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.
4.3 The Company expressly reserves the right to revoke the right granted
in paragraph 4.2 for breach of these Terms & Conditions and to take
any further action it deems appropriate.
4.4 You shall fully indemnify the Company for any loss or damage
suffered by the Company or any of its group companies for breach of
paragraph 4.2.
5 REGISTRATION
5.1 Each registration is for a single user (which may be either an
individual or company) only. The Company reserves the right to make it
impermissible for you to share your user name and password with any
other person or with multiple users on a network.
5.2 Responsibility for the security of any passwords issued rests with
you.
6 ELECTRONIC COMMUNICATIONS
When you visit the Site or send emails to the Company (for example,
emails to Customer Service) via the Site, you are communicating with the
Company electronically. The Company may communicate with you by email or
by posting notices on the Site. For contractual purposes, you consent to
receive communications from us electronically and you agree that all
agreements, notices, disclosures and other communications that we
provide to you electronically satisfy any legal requirement that such
communications be in writing. This paragraph does not affect your
statutory rights.
7
INDEMNIFICATION
In addition to paragraph 4.4, you will indemnify the Company against any
loss, damage or cost incurred by the Company arising out of your use of
the Site, any of its services or any information accessible over or
through the Site, including information obtained from linked sites, your
submission or transmission of information or material on or through the
Site or your violation of these Terms & Conditions or any other
laws, regulations and rules. You will also indemnify the Company against
any claims that information or material which you have submitted to the
Company is in violation of any law or in breach of any third party
rights (including, without limitation, claims in respect of defamation,
invasion of privacy, breach of confidence, infringement of copyright or
infringement of any other intellectual property right). The Company
reserves the right to exclusively defend and control any claims arising
from the above and any such indemnification matters. You agree that you
will fully cooperate with the Company in any such defences.
8
DISCLAIMER
8.1 While the Company endeavours 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, services and prices
described in it, at any time without notice. The material on the Site
may be out of date and the Company makes no commitment to update such
material.
8.2 The material on the Site is provided ‘as is’ without any
conditions, warranties or other terms of any kind. Accordingly, to the
maximum extent permitted by law, the Company provides you with the 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 an effect in relation to the Site.
9 LIABILITY
9.1 The Company, any other party (whether or not involved in creating,
producing, maintaining or delivering the Site) and any other 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,
whether in tort (including, without limitation, negligence) contract or
otherwise) in connection with the Site in any way or in connection with
the use, inability to use or the results of use of the Site, any
websites linked to the 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 of the Site or your downloading of any
material from the Site or any websites linked to the Site.
9.2 Nothing in these Terms & Conditions shall exclude or limit the
Company’s liability for (i) death or personal injury caused by
negligence, as such term is defined by the Unfair Contract Terms Act
1977; (ii) fraud; (iii) misrepresentation as to a fundamental matter; or
(iv) any liability which cannot be excluded or limited under applicable
law.
9.3 If your use of material on the Site results in the need for
servicing, repair or correction of equipment, software or data, you
assume all costs thereof.
10 ENTIRE AGREEMENT
These Terms & Conditions, including the Privacy Policy, constitute
the entire agreement between you and the Company in relation to its
subject matter and supersede any and all prior promises,
representations, agreements, statements and understandings whatsoever.
The failure by the Company to exercise or enforce any right or provision
of these Terms & Conditions shall not constitute a waiver of such
right or provision. If any provision of the Terms and Conditions is
found by a court of competent jurisdiction to be unenforceable or
invalid, you and the Company nevertheless agree that the court should
endeavour to give effect to the intentions reflected in the provision,
and the other provisions of the Terms & Conditions shall remain in
full force and effect.
11 GOVERNING LAW AND JURISDICTION
These Terms & Conditions shall be governed by and construed in
accordance with English law. Disputes arising in connection with these
Terms & Conditions shall be subject to the exclusive jurisdiction of
the English courts.
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