Terms and Conditions
1 Our contract
By using our site (URL: http://www.elmbridgetoday.co.uk) you enter into a binding contract with us on the following terms and conditions.
2 UK individual and business service only
2.1 Our site is directed both at individual users and commercial enterprises in the United Kingdom.
2.2 In respect of commercial enterprises you represent to us and to all suppliers of goods and services through our site that all purchases made by you through our site will be made for purposes integral to your business and will be within the scope of your authority to conclude contracts on behalf of your business.
3 Our promises
3.1 We will permit you to access, use and interact with our site subject to these terms and conditions.
3.2 We will:
3.2.1 exercise reasonable care in compiling our site;
3.2.2 use reasonable efforts to make our site available to you at all times; and
3.2.3 take the steps set out in our privacy policy to endeavour to secure any personal data and credit card information you give us.
4 Exclusions and limitations
4.1 We do not represent or warrant that access to our site, or any part of it will be uninterrupted, reliable or fault free.
4.2 We do not represent or warrant to you that our site or any of its contents will be accurate, complete or reliable.
4.3 We do not represent or warrant that:
4.3.1 any services (whether or not provided by us) will be provided with due care and skill; or
4.3.2 any goods (whether or not provided by us) will be of merchantable quality or will be fit for any purpose (even if that purpose has been previously notified to us).
4.4 To the extent permitted by law, we exclude all liability (whether arising in contract, tort or otherwise and whether or not due to our negligence) which we may otherwise have to you as a result of:
4.4.1 any technical, factual, textual or typographical inaccuracies, errors or omissions on or relating to our site or any information on our site;
4.4.2 the unavailability of our site (or any part of it), goods or services;
4.4.3 any delay in providing, or failure to provide or make available, goods or services or any negligent provision of goods or services;
4.4.4 any goods not being of merchantable quality or fit for their intended purpose; or
4.4.5 any misrepresentation on or relating to our site, the goods or the services (other than a fraudulent misrepresentation made by us or on our behalf).
4.5 Our maximum liability to your business in respect of your use of our site or any services we pro-vide or make available to you through or in relation to our site will be the amount of any subscription fees paid on behalf of your business during the year in which the liability arose. You agree that we shall have no liability for indirect or consequential losses, loss of data, income or profits or damages for loss of or damage to property.
4.6 You agree that each of these limitations is reasonable having regard to the nature of our site and in particular given that when you purchase information, goods or services through out site you will enter into a separate contract with the supplier in each case.
4.7 None of the exclusions or limitations in this clause 4 shall exclude or restrict our liability for death or personal injury caused by our negligence.
4.8 None of the above exclusions shall affect any statutory rights which are not capable of being excluded. However, in such case our obligation, where permitted by law, will be limited to the re-supply of our site, good or service to you.
4.9 Each of the above exclusions or limitations shall be construed as a separate, and severable, provision of these terms and conditions.
5 Links to other sites
Certain links, including hypertext links, in our site will take you outside our site. Links are provided for your convenience and inclusion of any link does not imply endorsement or approval by us of the linked site, its operator or its content. We are not responsible for the content of any website outside our site.
6 Use of our site for third party comment
In this clause, the expression ‘you’ includes any person posting a comment or any other means of publica-tion on our site
6.1 You understand that all data, text, software, music, sound, photographs, graphics, video, messages or other materials ('third party content'), whether publicly posted or privately transmitted, are the sole responsibility of the person from which the third party content originated. This means that you, and not us are entirely responsible for such content that you upload, post or e-mail via our site. We do not control any such content posted via our site and therefore do not guarantee the accuracy, integrity or quality of that content.
6.2 Under no circumstances will we be liable in any way for any third party content, including (without limita-tion) any errors or omissions in any such content, or for any loss or damage of any kind incurred as a result of your use of any such content. You agree that you must evaluate and bear all risks associated with the use of any such content including any reliance on its accuracy or completeness. You also understand that by using our site, you may be exposed to content that is offensive, indecent or objectionable.
6.3 You agree that you will not use any part of our site to:
6.3.1 upload, post or e-mail any third party content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
6.3.2 harm minors in any way;
6.3.3 impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity or disguise the origin of any content; 'stalk' or otherwise harass another;
6.3.4 collect or store personal data about other users;
6.3.5 upload, post or e-mail any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships;
6.3.6 upload, post or e-mail any content that infringes any intellectual property rights of any party;
6.3.7 upload, post or e-mail any unsolicited or unauthorised advertising, promotional materials, 'junk mail', 'spam', 'chain letters', or any other form of solicitation;
6.3.8 upload, post or e-mail any content that contains computer viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
6.3.9 disrupt the normal flow of dialogue, cause a screen to 'scroll' faster than other users of the chat areas are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; or
6.3.10 violate any applicable national or international laws or regulations.
6.4 You acknowledge that we shall have the right (though not the obligation) in our sole discretion to move, modify or remove any content that is available on or via any chat area or our site generally.
7 No commercial use
You agree that you will use our site only for your internal business purposes and that you shall not exploit our site or any of its contents for any commercial purpose.
8 General
8.1 Third party rights
Where in these terms representations and warranties are made to us and to suppliers of goods and services through our site, you acknowledge and agree that such representations and warran-ties are intended to grant rights to, and operate for the benefit of, all such suppliers and that each such supplier may rely upon and enforce such representations and warranties against you by virtue of the Contracts (Rights of Third Parties) Act 1999.
8.2 Variations
We reserve the right at any time without notice to revise the content of our site (including the ser-vices offered by us) and these terms and conditions. Any changes to these terms and conditions will be posted on our site and by continuing to use our site following any such change you will signify that you agree to be bound by the revised terms and conditions of use.
8.3 Taxes
We have made every effort to make clear whether the quoted prices for goods and services avail-able through our site include any relevant tax or duty or do not. Where in any case it is not clear please note before you make an order that you might be required to bear a liability to tax or duty (for example value added tax) imposed by the supplier or by operation of law that is in addition to the price.
8.4 The use of your information
You agree that we may collect, store, and use information about you in accordance with our privacy policy. You acknowledge and agree to be bound by the terms of our privacy policy.
8.5 Copyright
All rights in the design, text, graphics and other material on our site and the selection or arrange-ment thereof are the copyright of us or other third parties. Permission is granted to electronically copy and print in hard copy portions of our site solely in connection with the acquisition of goods or services through our site. Any other use of materials on our site (including reproduction for purposes other than those noted above and alteration, modification, distribution, or republication) without our prior written permission is strictly prohibited.
You hereby grant to us a perpetual royalty-free, irrevocable licence to copy, issue copies, com-municate to the public, make publicly available and include in a cable programme service (either in whole or in part or in a modified or edited form) any material you up-load or post to our site (whether to a chat room, bulletin board or otherwise). You acknowledge and agree that such ma-terial is not up-loaded or posted subject to any obligation of confidence.
8.6 Trade marks
All trade marks, product names and company names or logos used in our site are our property or that of their respective owners. No permission is given by us in respect of the use of any such trade marks, get-up, product names, company names, logos or titles and such use may consti-tute an infringement of the holder's rights.
8.7 Access
We reserve the right in our sole discretion to deny users access to our site or any part of our site without notice and to decline to provide the service to any user that is in breach of these terms and conditions of use.
8.8 Events beyond our control
We shall not be liable to you for any breach of these terms and conditions of use or any failure to provide or delay in providing our services through our site resulting from any event or circums-tance beyond our reasonable control including, without limitation, strikes, lock-outs and other in-dustrial disputes, breakdown of systems or network access, fire, explosion or accident.
8.9 Applicable law and jurisdiction
These terms and conditions (and any dispute, controversy, proceedings or claim of whatever na-ture arising out of or in any way relating to them or their formation) shall be governed by and in-terpreted in accordance with English law and, for these purposes, the parties irrevocably submit to the exclusive jurisdiction of English courts.
8.10 Unenforceability
The enforceability or otherwise of any provisions of these terms and conditions shall not affect the enforceability of the rest of these terms and conditions.
9 Privacy Policy
9.1 Our site does not capture or store personal information, other than logging visitors’ Internet Protocol (“IP”) addresses and session information such as the duration of a visit. This is a common feature of most web sites, such information being recognized by our Internet Service Provider’s server and used only for system administration and to provide statistics that we may use to evaluate the use of our site.
9.2 We do not use cookies for collecting visitors’ information from our site. A cookie will be placed on your system to remember your choise of normal, high contrast or high visibility viewing styles for your convenience.
9.3 You may be asked for personal information if you want to take advantage of specific services we offer. In each case we will use only the personal information you provide to deliver the services you have told us that you wish to receive.
9.4 This policy only covers our site and any links to other web sites are not covered by this policy.
10 Definitions
In these terms and conditions:
10.1 'our site' means our presence on the Internet;
10.2 'our', 'we' and 'us' means Milford Media Limited and, where applicable, its officers, em-ployees and authorised agents; and
10.3 'you' and 'your' include any business with which you are associated and on behalf of which you use our site ('your business').