DATED: 28 March 2011
IMPORTANT LEGAL NOTICE
ATTENTION: THIS LEGAL NOTICE APPLIES TO THE ENTIRE CONTENTS OF THIS WEBSITE UNDER THE DOMAIN NAME WWW.GARDENFRESCO.CO.UK (“WEBSITE”) AND TO ANY CORRESPONDENCE BY E-MAIL BETWEEN US AND YOU. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE. USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEBSITE. THIS NOTICE IS ISSUED BY BLUE TANG LTD, COMPANY NO. 07579653 (“THE COMPANY” OR “WE” OR “US”).
1.1 The definitions in this clause apply in the terms and conditions set out in this document:
1.1.1 Force Majeure Event: shall have the meaning given in clause 5;
1.1.2 Services: the services we provide on this Website;
1.1.3 Terms: the terms and conditions set out in this document; and
1.1.4 Writing: or written includes faxes and e-mail.
1.2 Headings do not affect the interpretation of these terms.
2.1 You will be able to access most areas of this Website without registering your details with us.
2.2 By accessing any part of this Website, 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 this Website immediately.
2.3 The Company may revise this legal notice at any time by updating this posting. You should check this Website from time to time to review the then current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at this Website.
2.4 Any advice or other written materials, such as ‘Help’ articles, ‘How To Guides’ posted on this Website are provided solely as suggestions and are not intended to be relied upon.
3. Information you provide
3.1 You grant us a non-exclusive, world-wide, perpetual, irrevocable, royalty-free licence to use any information you provide to us or other users of our services.
3.2 Such information shall be legal, decent, honest and truthful, shall not infringe any third party’s rights, shall not contain any viruses or other malicious computer programming routines and shall not link to any other websites. Without limiting the above, all information you provide shall be accurate and complete.
4. Limitation of liability
4.1 Subject to clause 4.3, if either of us fails to comply with these Terms, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these Terms.
4.2 Subject to clause 4.3, any losses incurred or sustained by you in transmitting information shall be borne solely and exclusively by you and in no event shall any such losses in whole or in part be borne by us, except for those losses which are a foreseeable consequence.
4.3 Neither of us shall be responsible for losses that result from our failure to comply with these Terms including, but not limited to, losses that fall into the following categories:
4.3.1 loss of income or revenue;
4.3.2 loss of business;
4.3.3 loss of anticipated savings;
4.3.4 loss of data; or
4.3.5 any waste of time.
4.4 However, this clause 4 shall not prevent claims for foreseeable loss of, or damage to, your physical property.
4.5 Nothing in this clause 4 includes or limits in any way our liability for:
4.5.1 death or personal injury caused by our negligence; or
4.5.2 fraud or fraudulent misrepresentation; or
4.5.3 any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
4.5.4 losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability; or
4.5.5 any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
5. Events outside our control
5.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (“Force Majeure Event”).
5.2 A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following:
5.2.1 strikes, lock-outs or other industrial action; or
5.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; or
5.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; or
5.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; or
5.2.5 impossibility of the use of public or private telecommunications networks.
5.3 Our obligations under these Terms are suspended for the period that the Force Majeure Event continues, and we will have an extension of time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms can be performed despite the Force Majeure Event.
6. Trade marks
6.1 All trade marks, product names and company names or logos cited herein are the property of their respective owners. No permission is given by the Company in respect of the use of any such brand names, product names or titles or copyrights and such use may constitute an infringement of the holder’s rights.
7.1 You are permitted to print and download extracts from this Website on the following basis:
7.1.1 no documents or related graphics on this Website are modified in any way;
7.1.2 no graphics on this Website are used separately from accompanying text; and
7.1.3 the Company’s copyright notice and this permission notice appear in all copies.
7.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by the Company, its licensors, its suppliers or its manufacturers. For the purposes of this legal notice, any use of extracts from this Website other than in accordance with clause 7.1 above for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
7.3 Subject to clause 7.1, no part of this Website 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.
7.4 Any rights not expressly granted in these terms are reserved.
8. Service access
8.1 While the Company endeavours to ensure that this Website is normally available 24 hours a day, the Company will not be liable if for any reason this Website is unavailable at any time or for any period.
8.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company’s control.
9. Visitor material and conduct
9.2 You are prohibited from posting or transmitting to or from this Website any material:
9.2.1 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;
9.2.2 for which you have not obtained all necessary licences and/or approvals;
9.2.3 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
9.2.4 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).
9.3 You may not misuse the Website (including, without limitation, by hacking).
9.4 The Company will 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 clauses 9.2 or 9.3.
10. Links to and from other websites
10.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. 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 this Website, you do so entirely at your own risk.
10.2 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 pages of this Website, and subject to the following conditions:
10.2.1 you do not remove, distort or otherwise alter the size or appearance of the Company or the GardenFresco.co.uk or GardenFresco logos or GardenFresco badges;
10.2.2 you do not create a frame or any other browser or border environment around this Website;
10.2.3 you do not in any way imply that the Company is endorsing any products or services other than its own;
10.2.4 you do not misrepresent your relationship with the Company nor present any other false information about the Company;
10.2.5 you do not otherwise use any Company or GardenFresco.co.uk or GardenFresco trade marks displayed on this Website without express written permission from the Company;
10.2.6 you do not link from a website that is not owned by you; and
10.2.7 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.
10.3 The Company expressly reserves the right to revoke the right granted in clause 10.2 for breach of these terms and to take any action it deems appropriate.
10.4 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 10.2.
11.1 While the Company endeavours to ensure that the information on this Website is correct, the Company does not warrant the accuracy and completeness of the material on this Website. The Company may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and the Company makes no commitment to update such material.
11.2 The material at this Website 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 this Website on the basis that the Company excludes all representations, warranties, conditions and other terms which but for this legal notice might have effect in relation to this Website.
13. Compliance with laws
13.1 You agree to comply with all applicable laws, statutes and regulations concerning your use of the Services.
14.1 You may not transfer any of your rights or obligations under these Terms to another person without our prior written consent, which we will not withhold unreasonably. We can transfer all or any of our rights and obligations under these Terms to another organisation, but this will not affect your rights under these Terms.
15.1 Except as otherwise stated, all notices sent by you to us must be sent to us via our built in contact forms.
15.2 Any notices that we may wish to draw to your attention will be displayed on the Website.
16.1 If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
16.2 If we fail, at any time while these Terms are in force, to insist that you perform any of your obligations under these Terms, or if we do not exercise any of our rights or remedies under these Terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you, that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these Terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
16.3 A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
16.4 These Terms shall be governed by English law and we both agree to the non-exclusive jurisdiction of the English courts.