Legal Notice
ATTENTION: This legal notice applies to the entire contents of the website
accessible at www.grafx.co.uk (the "Site") and to any correspondence by e-mail
between us and you. Please read these terms carefully before using the Site.
Using the Site indicates that you accept these terms and conditions regardless
of whether or not you choose to register with us. If you do not accept these
terms, do not use the Site. This notice is issued by Grafx Digital Technologies
Ltd (the "Company").
1. Introduction
1. You may access most areas of the Site without registering your details with
us. Certain areas of the Site are only open to you if you register.
2. By accessing any part of the Site, 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 the Site immediately.
3. The Company reserves the right to modify, add to or change these Terms and
Conditions, our Privacy Policy, and any other policies at any time without
notice. Any such modifications, additions or changes will be effective
immediately on being posted to the Site. Continued use of the Site after a
modification, addition or change has been made is your acceptance of the
modification, addition or change.
2. Licence
1. You are permitted to print and download extracts from the Site for your own
personal use on the following basis:
a. no documents or related graphics on the Site are modified in any way;
b. no graphics on the Site are used separately from accompanying text;
c. the Company?s copyright and trade mark notices and this permission notice
appear in all copies; and
d. that you do not, sell, rent, lease, license, sublicense, grant any rights in,
transfer, distribute, time-share or otherwise assign to any third party any
portion of the Site.
2. You acknowledge that, the copyright, trade marks, service marks, patents,
database rights and other intellectual property rights in all material on the
Site (including without limitation photographs and graphical images) are owned
by the Company or its licensors. For the purposes of this legal notice, any use
of extracts from the Site other than in accordance with paragraph 2.1 above for
any purpose is prohibited. If you breach any of the terms in this legal notice,
your permission to use the Site automatically terminates and you must
immediately destroy any downloaded or printed extracts from the Site.
3. Subject to paragraph 2.1, 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.
4. Any rights not expressly granted in these terms are reserved.
5. If you breach any of these Terms and Conditions, your authorisation to use
the Site automatically terminates and you must immediately destroy any
downloaded or printed materials.
3. Third Party Intellectual Property rights
1. The copyright, trade marks, service marks, patents, database rights and other
intellectual property rights belonging to third parties, as indicated, remain
vested with such third parties.
2. The Company?s display of any third party intellectual property rights,
including trade marks, on the Site in such a manner as is intended for the
benefit of the relevant intellectual property owner to help identify the
owner?s entry in the directory and the Company intends no infringement of any
rights in such intellectual property rights in displaying these on the Site. In
the event that any third party intellectual property owner wishes the Company
to remove such information, they may make a request in writing to the Company
and the Company will comply with such a request as soon as practicable.
3. The appearance or absence of products, services, companies, organisations,
home pages or other websites on this Site does not imply any endorsement or
non-endorsement thereof by the Company nor does it imply in anyway that the
Company is in any way associated with or connected to the proprietor of such
third party rights.
4. Service access
1. While the Company endeavours to ensure that the Site is normally available 24
hours a day, the Company shall not be liable if for any reason the Site is
unavailable at any time or for any period.
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.
5. Visitor material and conduct
1. Other than personally identifiable information, which is covered under the
Privacy Policy, any material you transmit or post to the Site shall be
considered non-confidential and non-proprietary. The Company shall have no
obligations with respect to such material. The Company and its designees shall
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.
2. You are prohibited from posting or transmitting to or from the Site any
material:
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; or
2. for which you have not obtained all necessary licences and/or approvals; or
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
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).
3. You may not misuse the Site (including, without limitation, by hacking).
4. The Company shall 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 paragraph 5.2 or paragraph 5.3.
5. The content of all advertising on the site is the responsibility of the
advertiser and the Company nor its affiliates shall be held responsible for any
statements, opinions or advice they may contain.
6. In the event that you consider the content of any advertising page posted on
the Site to be incorrect, offensive or in breach of our terms you can contact
Grafx via the contact us page.
7. We may restrict, suspend or terminate your access to the Site if we believe
that you have breached these terms at any time. Any such restriction,
suspension or termination will be without prejudice to any rights which we may
have against you in respect of your breach of these terms. We may also remove
any sections or features of the Site at any time, at our sole discretion.
8. We do not vet any information received from Third Parties before it is posted
onto the Website and hereby exclude all liability in relation to such
information in so far as it is permitted by law.
6. Links to and from other websites
1. You may create links to the Site.
2. We do not provide any third party links from the Site.
7. Registration
1. Each registration is for a single user only. The Company does not permit you
to share your user name and password with any other person nor with multiple
users on a network.
2. Responsibility for the security of any passwords issued rests with you.
8. Disclaimer
1. Whilst every reasonable effort has been made 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 and prices described in it, at any
time without notice. The material on this Site may be out of date, and the
Company makes no commitment to update such material.
2. The material on the Site is provided on an "as is" basis, without any
conditions, warranties or other terms of any kind. Accordingly, to the maximum
extent permitted by law, the Company provides you with this 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 effect in relation to the
Site.
9. Liability
1. The Company, any other party (whether or not involved in creating, producing,
maintaining or delivering the Site), and any 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, and whether in
tort (including without limitation negligence), contract or otherwise) in
connection with this Site in any way or in connection with the use, inability
to use or the results of use of this Website, any websites linked to this 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 this Website or your
downloading of any material from this Website or any websites linked to this
Website.
2. Nothing in this legal notice shall exclude or limit the Company?s liability
for:
1. death or personal injury caused by negligence (as such term is defined by the
Unfair Contract Terms Act 1977); or
2. fraud; or
3. misrepresentation as to a fundamental matter; or
4. any liability which cannot be excluded or limited under applicable law.
3. If your use of material on this Site results in the need for servicing,
repair or correction of equipment, software or data, you assume all costs
thereof.
10. Governing law and jurisdiction
This legal notice shall be governed by and construed in accordance with English
law. Disputes arising in connection with this legal notice shall be subject to
the exclusive jurisdiction of the English courts.
11. Registered Company Details
Grafx Digital Technologies Ltd, 48-50 The High Street, Cheltenham,
Gloucestershire, GL50 1EE. Registered in England, Company No. 243 1554
