Squint Koros ADP ltd (Delegated to act for Squint Koros UK ltd by Squint Koros UK ltd)
Terms and conditions of use
Terms and conditions of use
1. Introduction
1.1 These terms and
conditions govern your use of our website.
1.2 By using our
website, you accept these terms and conditions in full; accordingly, if you
disagree with these terms and conditions or any part of these terms and
conditions, you must not use our website.
1.3 If you [register
with our website, submit any material to our website or use any of our website
services], we will ask you to expressly agree to these terms and conditions.
1.4 You must be at least
0 years of age to use our website; and by using our website or agreeing to
these terms and conditions, you warrant and represent to us that you are at
least 0 years of age.
1.5 Our website uses
cookies; by using our website or agreeing to these terms and conditions, you
consent to our use of cookies in accordance with the terms of our privacy and
cookies policy.
2. Copyright notice
2.1 Copyright (c)
2015 Squint Koros ADP.
2.2 Subject to the
express provisions of these terms and conditions:
(a) we, together
with our licensors, own and control all the copyright and other intellectual
property rights in our website and the material on our website; and
(b) all the
copyright and other intellectual property rights in our website and the
material on our website are reserved.
3. Licence to use website
3.1 You may:
(a) view pages from
our website in a web browser;
(b) download pages
from our website for caching in a web browser;
(c) print pages
from our website;
(d) stream audio
and video files from our website; and
(e) use our website
services by means of a web browser,
subject to the
other provisions of these terms and conditions.
3.2 Except as
expressly permitted by Section 3.1 or the other provisions of these terms and
conditions, you must not download any material from our website or save any
such material to your computer.
3.3 You may only use
our website for your own personal and business purposes, and you must not use
our website for any other purposes.
3.4 Except as
expressly permitted by these terms and conditions, you must not edit or
otherwise modify any material on our website.
3.5 Unless you own
or control the relevant rights in the material, you must not:
(a) republish
material from our website (including republication on another website);
(b) sell, rent or
sub-license material from our website;
(c) show any
material from our website in public;
(d) exploit
material from our website for a commercial purpose; or
(e) redistribute
material from our website.
3.6 Notwithstanding
Section 3.5, you may redistribute our newsletter in print and electronic form
to any person.
3.7 We reserve the
right to restrict access to areas of our website, or indeed our whole website,
at our discretion; you must not circumvent or bypass, or attempt to circumvent
or bypass, any access restriction measures on our website.
4. Acceptable use
4.1 You must not:
(a) use our website
in any way or take any action that causes, or may cause, damage to the website
or impairment of the performance, availability or accessibility of the website;
(b) use our website
in any way that is unlawful, illegal, fraudulent or harmful, or in connection
with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) 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;
(d) 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;
(e) access or
otherwise interact with our website using any robot, spider or other automated
means;
(f) violate the
directives set out in the robots.txt file for our website; or
(g) use data
collected from our website for any direct marketing activity (including without
limitation email marketing, SMS marketing, telemarketing and direct mailing).
4.2 You must not use
data collected from our website to contact individuals, companies or other
persons or entities.
4.3 You must ensure
that all the information you supply to us through our website, or in relation
to our website, is true, accurate, current, complete and non-misleading.
5. Digital products
5.1 The advertising
of digital products on our website constitutes an "invitation to
treat" rather than a contractual offer.
5.2 It is possible
that prices on the website may be incorrectly quoted; accordingly, we will
verify prices as part of our sale procedures so that the correct price will be
notified to you before the contract comes into force.
5.3 Except as
expressly provided otherwise, these terms and conditions do not govern the
sale, purchase or licensing of our digital products, or any other matters
relating to our digital products. The sale and purchase of digital products
through our website, and the licensing of those digital products, will be
subject to [our digital product licence], and we will ask you to agree to the terms
of that document each time you make a purchase on our website.
5.4 Any digital
product reviews that you submit for publication on our website shall be subject
to the terms of Section 9 and Section 10.
6. Registration and accounts
6.1 To be eligible for
an individual account on our website under this Section 6, you must be at least
0 years of age.
6.2 You may register
for an account with our website by completing and submitting the account
registration form on our website, and clicking on the verification link in the
email that the website will send to you.
6.3 You must notify
us in writing immediately if you become aware of any unauthorised use of your
account.
6.4 You must not use
any other person's account to access the website, unless you have that person's
express permission to do so.
7. User IDs and passwords
7.1 If you register
for an account with our website, we will provide you with or you will be asked
to choose a user ID and password.
7.2 Your user ID
must not be liable to mislead and must comply with the content rules set out in
Section 10; you must not use your account or user ID for or in connection with
the impersonation of any person.
7.3 You must keep
your password confidential.
7.4 You must notify
us in writing immediately if you become aware of any disclosure of your
password.
7.5 You are
responsible for any activity on our website arising out of any failure to keep
your password confidential, and may be held liable for any losses arising out
of such a failure.
8. Cancellation and suspension of account
8.1 We may:
(a) suspend your
account;
(b) cancel your
account; and/or
(c) edit your
account details,
at any time in
our sole discretion without notice or explanation.
8.2 You may cancel
your account on our website
9. Your content: licence
9.1 In these terms
and conditions, "your content" means all works and materials
(including without limitation text, graphics, images, audio material, video
material, audio-visual material, scripts, software and files) that you submit
to us or our website for storage or publication on, processing by, or
transmission via, our website.
9.2 You grant to us
a worldwide, irrevocable, non-exclusive, royalty-free licence to use,
reproduce, store, adapt, publish, translate and distribute your content in any
existing or future media / reproduce, store and publish your content on and in
relation to this website and any successor website / reproduce, store and, with
your specific consent, publish your content on and in relation to this website.
9.3 You grant to us
the right to sub-license the rights licensed under Section 9.2.
9.4 You grant to us
the right to bring an action for infringement of the rights licensed under
Section 9.2.
9.5 You hereby waive
all your moral rights in your content to the maximum extent permitted by
applicable law; and you warrant and represent that all other moral rights in
your content have been waived to the maximum extent permitted by applicable
law.
9.6 You may edit
your content to the extent permitted using the editing functionality made available
on our website.
9.7 Without
prejudice to our other rights under these terms and conditions, if you breach
any provision of these terms and conditions in any way, or if we reasonably
suspect that you have breached these terms and conditions in any way, we may
delete, unpublish or edit any or all of your content.
10. Your content: rules
10.1 You warrant and
represent that your content will comply with these terms and conditions.
10.2 Your content
must not be illegal or unlawful, must not infringe any person's legal rights,
and must not be capable of giving rise to legal action against any person (in
each case in any jurisdiction and under any applicable law).
10.3 Your content,
and the use of your content by us in accordance with these terms and conditions,
must not:
(a) be libellous or
maliciously false;
(b) be obscene or
indecent;
(c) infringe any
copyright, moral right, database right, trade mark right, design right, right
in passing off, or other intellectual property right;
(d) infringe any
right of confidence, right of privacy or right under data protection
legislation;
(e) constitute
negligent advice or contain any negligent statement;
(f) constitute an
incitement to commit a crime, instructions for the commission of a crime or the
promotion of criminal activity;
(g) be in contempt
of any court, or in breach of any court order;
(h) be in breach of
racial or religious hatred or discrimination legislation;
(i) be
blasphemous;
(j) be in breach of
official secrets legislation;
(k) be in breach of
any contractual obligation owed to any person;
(l) depict
violence, in an explicit, graphic or gratuitous manner;
(m) be pornographic;
(n) be untrue, false,
inaccurate or misleading;
(o) consist of or
contain any instructions, advice or other information which may be acted upon
and could, if acted upon, cause illness, injury or death, or any other loss or
damage;
(p) constitute
spam;
(q) be offensive,
deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing,
hateful, discriminatory or inflammatory; or
(r) cause
annoyance, inconvenience or needless anxiety to any person.
11. Report abuse
11.1 If you learn of
any unlawful material or activity on our website, or any material or activity
that breaches these terms and conditions, please let us know.
11.2 You can let us
know by email.
12. Limited warranties
12.1 We do not
warrant or represent:
(a) the
completeness or accuracy of the information published on our website;
(b) that the
material on the website is up to date; or
(c) that the
website or any service on the website will remain available.
12.2 We reserve the
right to discontinue or alter any or all of our website services, and to stop
publishing our website, at any time in our sole discretion without notice or
explanation; and save to the extent that these terms and conditions expressly
provide otherwise, you will not be entitled to any compensation or other
payment upon the discontinuance or alteration of any website services, or if we
stop publishing the website.
12.3 To the maximum
extent permitted by applicable law and subject to Section 13.1, we exclude all
representations and warranties relating to the subject matter of these terms
and conditions, our website and the use of our website.
13. Limitations and exclusions of liability
13.1 Nothing in these
terms and conditions will:
(a) limit or
exclude any liability for death or personal injury resulting from negligence;
(b) limit or
exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any
liabilities in any way that is not permitted under applicable law; or
(d) exclude any
liabilities that may not be excluded under applicable law.
13.2 The limitations
and exclusions of liability set out in this Section 13 and elsewhere in these
terms and conditions:
(a) are subject to Section
13.1; and
(b) govern all
liabilities arising under these terms and conditions or relating to the subject
matter of these terms and conditions, including liabilities arising in
contract, in tort (including negligence) and for breach of statutory duty.
13.3 To the extent
that our website and the information and services on our website are provided
free of charge, we will not be liable for any loss or damage of any nature.
13.4 We will not be
liable to you in respect of any losses arising out of any event or events
beyond our reasonable control.
13.5 We will not be
liable to you in respect of any business losses, including (without limitation)
loss of or damage to profits, income, revenue, use, production, anticipated
savings, business, contracts, commercial opportunities or goodwill.
13.6 We will not be
liable to you in respect of any loss or corruption of any data, database or
software.
13.7 We will not be
liable to you in respect of any special, indirect or consequential loss or
damage.
13.8 You accept that
we have an interest in limiting the personal liability of our officers and
employees and, having regard to that interest, you acknowledge that we are a
limited liability entity; you agree that you will not bring any claim
personally against our officers or employees in respect of any losses you
suffer in connection with the website or these terms and conditions (this will
not, of course, limit or exclude the liability of the limited liability entity
itself for the acts and omissions of our officers and employees).
14. Breaches of these terms and conditions
14.1 Without
prejudice to our other rights under these terms and conditions, if you breach
these terms and conditions in any way, or if we reasonably suspect that you
have breached these terms and conditions in any way, we may:
(a) send you one or
more formal warnings;
(b) temporarily
suspend your access to our website;
(c) permanently
prohibit you from accessing our website;
(d) block computers
using your IP address from accessing our website;
(e) contact any or
all your internet service providers and request that they block your access to
our website;
(f) commence legal
action against you, whether for breach of contract or otherwise; and/or
(g) suspend or
delete your account on our website.
14.2 Where we suspend
or prohibit or block your access to our website or a part of our website, you
must not take any action to circumvent such suspension or prohibition or
blocking (including without limitation creating and/or using a different
account).
15. Third party websites
15.1 Our website
includes hyperlinks to other websites owned and operated by third parties; such
hyperlinks are not recommendations.
15.2 We have no
control over third party websites and their contents, and subject to Section
13.1 we accept no responsibility for them or for any loss or damage that may
arise from your use of them.
16. Variation
16.1 We may revise
these terms and conditions from time to time.
16.2 The revised
terms and conditions will apply to the use of our website from the date of
their publication on the website, and you hereby waive any right you may
otherwise have to be notified of, or to consent to, revisions of the terms and
conditions. / We will give you written notice of any revision of these terms
and conditions, and the revised terms and conditions will apply to the use of
our website from the date that we give you such notice; if you do not agree to
the revised terms and conditions, you must stop using our website.
16.3 If you have
given your express agreement to these terms and conditions, we will ask for
your express agreement to any revision of these terms and conditions; and if
you do not give your express agreement to the revised terms and conditions
within such period as we may specify, we will disable or delete your account on
the website, and you must stop using the website.
17. Assignment
17.1 You hereby agree
that we may assign, transfer, sub-contract or otherwise deal with our rights
and/or obligations under these terms and conditions.
17.2 You may not without
our prior written consent assign, transfer, sub-contract or otherwise deal with
any of your rights and/or obligations under these terms and conditions.
18. Severability
18.1 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.
18.2 If any unlawful
and/or unenforceable provision of these terms and conditions 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.
19. Third party rights
19.1 These terms and
conditions are for our benefit and your benefit, and are not intended to
benefit or be enforceable by any third party.
19.2 The exercise of
the parties' rights under these terms and conditions is not subject to the
consent of any third party.
20. Entire agreement
20.1 Subject to
Section 13.1, these terms and conditions, together with our privacy and cookies
policy, constitute the entire agreement between you and us in relation to your
use of our website and supersede all previous agreements between you and us in
relation to your use of our website.
21. Law and jurisdiction
21.1 These terms and
conditions shall be governed by and construed in accordance with English law.
21.2 Any disputes
relating to these terms and conditions shall be subject to the non-exclusive
jurisdiction of the courts of England.
22. Statutory and regulatory disclosures
22.1 We are
registered in trade register; you can
find the online version of the register and our registration number is 9436722 companies house.
22.3 We are
registered as Squint Koros ADP with
Companies house in the United Kingdom
and are subject to rules which can be
found at Companies house.
23. Our details
23.1 This website is
owned and operated by [Aaron Pemberton].
23.2 We are
registered in England and Wales under registration number 9436722 and our
registered office is at 135 Notting Hill gate, London, W113LB UK.
23.4 You can contact
us by writing to the business address given above, by using our website contact
form or by telephone on 00447789914918
Privacy and cookies policy
Part 1: Personal information and privacy
1. Introduction
1.1 We are
committed to safeguarding the privacy of our website visitors; this policy sets
out how we will treat your personal information.
1.2 We will
ask you to consent to our use of cookies in accordance with the terms of this
policy when you first visit our website. / By using our website and agreeing to
this policy, you consent to our use of cookies in accordance with the terms of
this policy.
2. Collecting personal information
2.1 We may
collect, store and use the following kinds of personal information:
(a) information
about your computer and about your visits to and use of this website (including
your IP address, geographical location, browser type and version, operating
system, referral source, length of visit, page views and website navigation
paths);
(b) information
that you provide to us when registering with our website (including your email
address);
(c) information
that you provide when completing your profile on our website (including your
name, profile pictures, gender, date of birth, relationship status, interests
and hobbies, educational details and employment details);
(d) information
that you provide to us for the purpose of subscribing to our email
notifications and/or newsletters (including your name and email address);
(e) information
that you provide to us when using the services on our website, or that is
generated in the course of the use of those services (including the timing,
frequency and pattern of service use;
(f) information
relating to any purchases you make of our goods / services / goods and/or
services] or any other transactions that you enter into through our website
(including your name, address, telephone number, email address and card
details;
(g) information
that you post to our website for publication on the internet (including your
user name, your profile pictures and the content of your posts);
(h) information
contained in or relating to any communications that you send to us or send
through our website (including the communication content and meta data
associated with the communication);
(i) any
other personal information that you choose to send to us; and
2.2 Before
you disclose to us the personal information of another person, you must obtain
that person's consent to both the disclosure and the processing of that
personal information in accordance with the terms of this policy.
3. Using your personal information
3.1 Personal
information submitted to us through our website will be used for the purposes
specified in this policy or on the relevant pages of the website.
3.2 We may
use your personal information to:
(a) administer
our website and business;
(b) personalise
our website for you;
(c) enable
your use of the services available on our website;
(d) send you
goods purchased through our website;
(e) supply
to you services purchased through our website;
(f) send statements,
invoices and payment reminders to you, and collect payments from you;
(g) send you
non-marketing commercial communications
(h) send you
email notifications that you have specifically requested;
(i) send
you our email newsletter, if you have requested it (you can inform us at any
time if you no longer require the newsletter);
(j) send you
marketing communications relating to our business [or the businesses of
carefully-selected third parties which we think may be of interest to you, by
post or, where you have specifically agreed to this, by email or similar
technology (you can inform us at any time if you no longer require marketing
communications);
(k) provide
third parties with statistical information about our users (but those third
parties will not be able to identify any individual user from that
information);
(l) deal
with enquiries and complaints made by or about you relating to our website;
(m) keep our
website secure and prevent fraud;
(n) verify
compliance with the terms and conditions governing the use of our website (including
monitoring private messages sent through our website private messaging
service); and
3.3 If you
submit personal information for publication on our website, we will publish and
otherwise use that information in accordance with the licence you grant to us.
3.4 Your
privacy settings can be used to limit the publication of your information on
our website, and can be adjusted using privacy controls on the website.
3.5 We will
not, without your express consent, supply your personal information to any
third party for the purpose of their or any other third party's direct
marketing.
3.6 All our
website financial transactions are handled through our payment services
provider. We will share information with our payment services provider only to
the extent necessary for the purposes of processing payments you make via our
website, refunding such payments and dealing with complaints and queries
relating to such payments and refunds.
4. Disclosing personal information
4.1 We may
disclose your personal information to any of our employees, officers, insurers,
professional advisers, agents, suppliers or subcontractors insofar as
reasonably necessary for the purposes set out in this policy.
4.2 We may
disclose your personal information to any member of our group of companies
(this means our subsidiaries, our ultimate holding company and all its
subsidiaries) insofar as reasonably necessary for the purposes set out in this
policy.
4.3 We may
disclose your personal information:
(a) to the extent
that we are required to do so by law;
(b) in
connection with any ongoing or prospective legal proceedings;
(c) in order
to establish, exercise or defend our legal rights (including providing
information to others for the purposes of fraud prevention and reducing credit
risk);
(d) to the
purchaser (or prospective purchaser) of any business or asset that we are (or are
contemplating) selling; and
(e) to any
person who we reasonably believe may apply to a court or other competent
authority for disclosure of that personal information where, in our reasonable
opinion, such court or authority would be reasonably likely to order disclosure
of that personal information.
4.4 Except as
provided in this policy, we will not provide your personal information to third
parties.
5. International data transfers
5.1 Information
that we collect may be stored and processed in and transferred between any of
the countries in which we operate in order to enable us to use the information
in accordance with this policy.
5.2 Information
that we collect may be transferred to the following countries which do not have
data protection laws equivalent to those in force in the European Economic
Area: the United States of America, Russia, Japan, China and India.
5.3 Personal
information that you publish on our website or submit for publication on our
website may be available, via the internet, around the world. We cannot prevent
the use or misuse of such information by others.
5.4 You
expressly agree to the transfers of personal information described in this
Section 5.
6. Retaining personal information
6.1 This
Section 6 sets out our data retention policies and procedure, which are
designed to help ensure that we comply with our legal obligations in relation
to the retention and deletion of personal information.
6.2 Personal
information that we process for any purpose or purposes shall not be kept for
longer than is necessary for that purpose or those purposes.
6.3 Without
prejudice to Section 6.2, we will usually delete personal data falling within
the categories set out below at the date/time set out below:
(a) personal data will be deleted and
6.4 Notwithstanding
the other provisions of this Section 6, we will retain documents (including
electronic documents) containing personal data:
(a) to the
extent that we are required to do so by law;
(b) if we
believe that the documents may be relevant to any ongoing or prospective legal
proceedings; and
(c) in order
to establish, exercise or defend our legal rights (including providing
information to others for the purposes of fraud prevention and reducing credit
risk).
7. Security of your personal information
7.1 We will
take reasonable technical and organisational precautions to prevent the loss,
misuse or alteration of your personal information.
7.2 We will
store all the personal information you provide on our secure (password- and
firewall-protected) servers.
7.3 All
electronic financial transactions entered into through our website will be protected
by encryption technology.
7.4 You
acknowledge that the transmission of information over the internet is
inherently insecure, and we cannot guarantee the security of data sent over the
internet.
7.5 You are
responsible for keeping the password you use for accessing our website
confidential; we will not ask you for your password (except when you log in to
our website).
8. Amendments
8.1 We may
update this policy from time to time by publishing a new version on our
website.
8.2 You
should check this page occasionally to ensure you are happy with any changes to
this policy.
8.3 We may
notify you of changes to this policy [by email or through the private messaging
system on our website.
9. Your rights
9.1 You may
instruct us to provide you with any personal information we hold about you;
provision of such information will be subject to:
(a) the
payment of a fee (currently fixed at GBP 10); and
(b) the
supply of appropriate evidence of your identity (for this purpose, we will
usually accept a photocopy of your passport certified by a solicitor or bank
plus an original copy of a utility bill showing your current address).
9.2 We may
withhold personal information that you request to the extent permitted by law.
9.3 You may
instruct us at any time not to process your personal information for marketing
purposes.
9.4 In
practice, you will usually either expressly agree in advance to our use of your
personal information for marketing purposes, or we will provide you with an
opportunity to opt out of the use of your personal information for marketing
purposes.
10. Third party websites
10.1 Our
website includes hyperlinks to, and details of, third party websites.
10.2 We have
no control over, and are not responsible for, the privacy policies and
practices of third parties.
11. Updating information
11.1 Please
let us know if the personal information that we hold about you needs to be
corrected or updated.
Part 2: Cookies
1. About cookies
1.1 A cookie
is a file containing an identifier (a string of letters and numbers) that is
sent by a web server to a web browser and is stored by the browser. The
identifier is then sent back to the server each time the browser requests a
page from the server.
1.2 Cookies
may be either "persistent" cookies or "session" cookies: a
persistent cookie will be stored by a web browser and will remain valid until
its set expiry date, unless deleted by the user before the expiry date; a
session cookie, on the other hand, will expire at the end of the user session,
when the web browser is closed.
1.3 Cookies
do not typically contain any information that personally identifies a user, but
personal information that we store about you may be linked to the information
stored in and obtained from cookies.
1.4 Cookies
can be used by web servers to identity and track users as they navigate
different pages on a website and identify users returning to a website.
2. Our cookies
2.1 We may
use both session and persistent cookies on our website.
2.2 The names
of the cookies that we use on our website, and the purposes for which they are
used, are set out below:
(a) we use [cookie name] on our website to
[recognise a computer when a user visits the website / track users as they
navigate the website / enable the use of a shopping cart on the website /
improve the website's usability / analyse the use of the website / administer
the website / prevent fraud and improve the security of the website /
personalise the website for each user / target advertisements which may be of
particular interest to specific users /;
3. Analytics cookies
3.1 We use
Google Analytics to analyse the use of our website.
3.2 Our
analytics service provider generates statistical and other information about
website use by means of cookies.
3.3 The
analytics cookies used by our website have the following names: [_utma, _utmb,
_utmc and _utmz]
3.4 The
information generated relating to our website is used to create reports about
the use of our website.
3.5 Our
analytics service provider's privacy policy is available at: http://www.google.com/policies/privacy/.
4. Third party cookies
4.1 Our
website also uses third party cookies.
4.2 We
publish Google AdSense interest-based advertisements on our website. These are
tailored by Google to reflect your interests. To determine your interests,
Google will track your behaviour on our website and on other websites across
the web using the DoubleClick cookie. / We publish Google AdSense
advertisements on our website. To determine your interests, Google will track
your behaviour on our website and on other websites across the web using the
DoubleClick cookie. This behaviour tracking allows Google to tailor the
advertisements you see on other websites to reflect your interests (we do not
publish interest-based advertisements on this website). You can view, delete or
add interest categories associated with your browser by visiting:
http://www.google.com/settings/ads/. You can also opt out of the AdSense
partner network cookie using those settings or using the NAI's (Network
Advertising Initiative's) multi-cookie opt-out mechanism at:
http://www.networkadvertising.org/choices/. However, these opt-out mechanisms
themselves use cookies, and if you clear the cookies from your browser your
opt-out will not be maintained. To ensure that an opt-out is maintained in
respect of a particular browser, you may wish to consider using the Google
browser plug-in available at: https://www.google.com/settings/ads/plugin.
4.3 Details
of other third party cookies used by our website are set out below:
(a) third party cookie details;
(b) repeat as necessary.
5. Blocking cookies
5.1 Most
browsers allow you to refuse to accept cookies; for example:
(a) in
Internet Explorer (version 10) you can block cookies using the cookie handling
override settings available by clicking "Tools", "Internet
Options", "Privacy" and then "Advanced";
(b) in Firefox
(version 24) you can block all cookies by clicking "Tools",
"Options", "Privacy", selecting "Use custom settings
for history" from the drop-down menu, and unticking "Accept cookies
from sites"; and
(c) in
Chrome (version 29), you can block all cookies by accessing the "Customise
and control" menu, and clicking "Settings", "Show advanced
settings" and "Content settings", and then selecting "Block
sites from setting any data" under the "Cookies" heading.
5.2 Blocking
all cookies will have a negative impact upon the usability of many websites.
5.3 If you
block cookies, you will not be able to use all the features on our website.
6. Deleting cookies
6.1 You can
delete cookies already stored on your computer; for example:
(a) in
Internet Explorer (version 10), you must manually delete cookie files (you can
find instructions for doing so at http://support.microsoft.com/kb/278835);
(b) in
Firefox (version 24), you can delete cookies by clicking "Tools",
"Options" and "Privacy", then selecting "Use custom
settings for history", clicking "Show Cookies", and then
clicking "Remove All Cookies"; and
(c) in
Chrome (version 29), you can delete all cookies by accessing the
"Customise and control" menu, and clicking "Settings",
"Show advanced settings" and "Clear browsing data", and
then selecting "Delete cookies and other site and plug-in data"
before clicking "Clear browsing data".
6.2 Deleting
cookies will have a negative impact on the usability of many websites.
7. Cookie preferences
7.1 You can
manage your preferences relating to the use of cookies on our website by
visiting: [URL]
Part 3: Our details
1. Data protection registration
1.1 We are
registered as a data controller with the UK Information Commissioner's Office.
1.2 Our data
protection registration number is [number].
2. Our details
2.1 This
website is owned and operated by [name].
2.2 [We are
registered in [England and Wales] under registration number [number], and our registered office is at
[address].]
2.3 Our
principal place of business is at [address].
2.4 You can
contact us by writing to the business address given above, by using our website
contact form, by email to [email address]
or by telephone on [telephone number].
Ebook disclaimer[1]
(1)
Copyright notice
Copyright
© 2004 Squint Koros ADP Ltd
We
control the copyright and other intellectual property rights in this
ebook. Subject to the licence below, all
these intellectual property rights are reserved.
(2) Licence to use ebook
Subject
to your payment of the applicable price and[2]
compliance with the restrictions below and the other terms of this disclaimer,
we grant to you a worldwide non-exclusive non-transferable licence to:
(a) download a copy of the ebook;
(b) store and view a single copy of the ebook
on a single desktop or notebook computer;
(c) store and view a single copy of the ebook
on a single ebook reader, PDA or similar electronic device; and
(d) print a single copy of the ebook solely
for your own non-commercial purpose[3]
You
must not in any circumstances:
[(a) publish, republish, sell, license,
sub-license, rent, transfer, broadcast, distribute or redistribute the ebook or
any part of the ebook;
(b) edit, modify, adapt or alter the ebook or
any part of the ebook;
(c) use of the ebook or any part of the ebook
in any way that is unlawful or in breach of any person's legal rights under any
applicable law[, or in any way that is offensive, indecent, discriminatory or
otherwise objectionable];
(d) use of the ebook or any part of the ebook
to compete with us, whether directly or indirectly; or
[(e) use the ebook or any part of the ebook for a
commercial purpose.[4]
You
must retain, and must not delete, obscure or remove, all copyright notices and
other proprietary notices in the ebook.
The
rights granted to you by this disclaimer are personal to you, and you must not
permit any third party to exercise these rights.
If
you breach any of the terms of this disclaimer, then the licence set out above
will be automatically terminated upon such breach (whether or not we notify you
of termination).
Upon
the termination of the licence, you will promptly and irrevocably delete from
your computer systems and other electronic devices any copies of the ebook in
your possession or control, and will permanently destroy any paper or other
copies of the ebook in your possession or control.
(3) No advice
The
ebook contains information about entertainment subjects. The information is not advice, and should not
be treated as such.
You
must not rely on the information in the ebook as an alternative to legal /
medical / financial / taxation / accountancy or other advice from an
appropriately qualified professional, unless otherwise specified in the
book. If you have any specific questions
about any legal / medical / financial / taxation / accountancy or other matters
you should consult an appropriately qualified professional.[5]
If
you think you may be suffering from any medical condition you should seek
immediate medical attention. You should
never delay seeking medical advice, disregard medical advice, or discontinue
medical treatment because of information in the ebook.[6]
You
should never delay seeking legal advice, disregard legal advice, or commence or
discontinue any legal action because of information in the ebook.[7]
(4) Limited
Warranties
Whilst
we endeavour to ensure that the information in the ebook is correct, we do not
warrant or represent its completeness or accuracy.
We
do not warrant or represent that the use of the ebook will lead to any
particular outcome or result.
To
the maximum extent permitted by applicable law and subject to the first
paragraph of Section [5] below, we exclude all representations, warranties and
conditions relating to this ebook and the use of this ebook.
(5) Limitations
and exclusions of liability
Nothing in this disclaimer will: (i) limit or exclude our or
your liability for death or personal injury resulting from negligence; (ii)
limit or exclude our or your liability for fraud or fraudulent
misrepresentation; (iii) limit any of our or
your liabilities in any way that is not permitted under applicable law; or (iv)
exclude any of our or your liabilities that may not be excluded under
applicable law.[8]
The limitations and exclusions of liability set out in this Section and
elsewhere in this disclaimer: (i) are subject to the preceding paragraph; and
(ii) govern all liabilities arising under the disclaimer or in relation to the
ebook, including liabilities arising in contract, in tort (including
negligence) and for breach of statutory duty.
We will not be liable to you in respect of any losses arising out of any
event or events beyond our reasonable control.
We will not be liable to you in respect of any business losses,
including (without limitation) loss of or damage to profits, income, revenue,
use, production, anticipated savings, business, contracts, commercial
opportunities or goodwill.[9]
We will not be liable to you in respect of any loss or corruption of any
data, database or software.
We
will not be liable to you in respect of any special, indirect or consequential
loss or damage.[10]
(6) Trade marks
Our
trademark and our logo are trade marks belonging to us. We give no permission for the use of these
trade marks, and such use may constitute an infringement of our rights.
The
other registered and unregistered trade marks or service marks in the ebook are
the property of their respective owners. Unless stated otherwise, we do not
endorse and are not affiliated with any of the holders of any such rights and
as such we cannot grant any licence to exercise such rights.
(7) Digital rights management
You
acknowledge that this ebook is protected by digital rights management
technology, and that we may use this technology to enforce the terms of this
disclaimer.
(8) Pirate
copies
If
you have bought or received a copy of this ebook from any source other than us
or other sources, then that copy is a pirate copy. If this has happened to you, please let us
know by email to aaronpemberton@squintkoros.com.
You
can buy a genuine copy of the ebook from www.squintkoros.com
(9) Governing law
This
disclaimer shall be governed by and construed in accordance with English law[11]
Ebook download terms and conditions
1. Introduction
1.1 These terms and
conditions shall govern the sale and supply of downloadable ebooks through our
website, and the use of those ebooks.
1.2 You will be
asked to give your express agreement to these terms and conditions before you
place an order on our website.
1.3 This document
does not affect any statutory rights you may have as a consumer.
2. Interpretation
2.1 In these terms
and conditions:
(a) "we"
means Squnit Koros ADP ltd and its delegates (and "us and "our"
should be construed accordingly);
(b) "you"
means our customer or prospective customer under these terms and conditions
(and "your" should be construed accordingly);
(c) "ebooks"
means those ebooks that are available for purchase on our website; and
(d) "your
ebooks" means any such ebooks that you have purchased through our website
(including any enhanced or upgraded version of the ebooks that we may make
available to you from time to time).
3. Order process
3.1 The advertising
of ebooks on our website constitutes an "invitation to treat" rather
than a contractual offer.
3.2 No contract will
come into force between you and us unless and until we accept your order in
accordance with the procedure set out in this Section 3.
3.3 To enter into a
contract through our website to purchase downloadable ebooks from us, the
following steps must be taken: you must add the ebooks you wish to purchase to
your shopping cart, and then proceed to the checkout; if you are a new
customer, you must then create an account with us and log in; if you are an
existing customer, you must enter your login details; once you are logged in,
you must consent to the terms of this document; you will be transferred to our
payment service provider's website, and our payment service provider will
handle your payment; we will then send you an initial acknowledgement; and we
will either send you an order confirmation (at which point your order will
become a binding contract) or we will confirm by email that we are unable to
meet your order.
3.4 You will have
the opportunity to identify and correct input errors prior to making your order
by contacting us.
4. Prices
4.1 Our prices are
quoted on our website.
4.2 We will from
time to time change the prices quoted on our website, but this will not affect
contracts that have previously come into force.
4.3 All amounts
stated in these terms and conditions or on our website are stated inclusive of
VAT
5. Payments
5.1 You must, during
the checkout process, pay the prices of the ebooks you order.
5.2 Payments may be
made by any of the permitted methods specified on our website from time to
time.
6. Licensing of ebooks
6.1 We will supply
your ebooks to you in the format or formats specified on our website, and by
such means and within such periods as are specified on our website.
6.2 Subject to your
payment of the applicable price and compliance with these terms and conditions,
we grant to you a worldwide, non-exclusive, non-transferable licence to make
any use of your ebooks permitted by Section 6.3, providing that you must not in
any circumstances make any use of your ebooks that is prohibited by Section
6.4.
6.3 The
"permitted uses" of your ebooks are:
(a) downloading a
copy of each of your ebooks;
(b) making, storing
and viewing copies of your ebooks on not more than a single desktop, laptop or
notebook computer;
(c) making, storing
and viewing copies of your ebooks on not more than a single ebook readers,
smartphones, tablet computers or similar mobile devices; and
(d) printing a
single copy of each of your ebooks solely for your own use.
6.4 The
"prohibited uses" of your downloads are:
(a) the
publication, sale, licensing, sub-licensing, renting, transferring,
transmission, broadcasting, distribution or redistribution of any ebook (or
part thereof) in any format;
(b) the editing,
modification, adaptation or alteration of any ebook (or part thereof), and the
creation of any derivative work incorporating any download (or part thereof);
(c) the use of any
ebook (or part thereof) in any way that is unlawful or in breach of any
person's legal rights under any applicable law, or in any way that is
offensive, indecent, discriminatory or otherwise objectionable;
(d) the use of any
ebook (or part thereof) to compete with us, whether directly or indirectly;
(e) any commercial
use of any ebook (or part thereof); and
(f) the
circumvention or removal of, or any attempt to circumvent or remove, the
technological measures applied to any ebook for the purpose of preventing
unauthorised use.
6.5 You warrant to
us that you have access to the necessary computer systems, media systems,
software and network connections to receive and enjoy the benefit of your
ebooks.
6.6 All intellectual
property rights and other rights in the ebooks not expressly granted by these
terms and conditions are hereby reserved.
6.7 You must retain,
and must not delete, obscure or remove, copyright notices and other proprietary
notices on or in any ebook.
6.8 The rights
granted to you in these terms and conditions are personal to you, and you must
not permit any third party to exercise these rights.
6.9 If you breach
any provision of these terms and conditions, then the licence set out in this
Section 6 will be automatically terminated upon such breach.
6.10 You may
terminate the licence set out in this Section 6 by deleting all copies of the
relevant ebooks in your possession or control.
6.11 Upon the
termination of a licence under this Section 6, you must, if you have not
previously done so, promptly and irrevocably delete from your computer systems
and other electronic devices all copies of the relevant ebooks in your
possession or control, and permanently destroy any other copies of the relevant
ebooks in your possession or control.
7. Distance contracts: cancellation right
7.1 This Section 7
applies if and only if you offer to contract with us, or contract with us, as a
consumer - that is, as an individual acting wholly or mainly outside your
trade, business, craft or profession.
7.2 You may withdraw
an offer to enter into a contract with us through our website, or cancel a
contract entered into with us through our website, at any time within the
period:
(a) beginning upon
the submission of your offer; and
(b) ending at the
end of 14 days after the day on which the contract is entered into,
subject to
Section 7.3. You do not have to give any reason for your withdrawal or
cancellation.
7.3 You agree that
we may begin the provision of ebooks before the expiry of the period referred
to in Section 7.2, and you acknowledge that, if we do begin the provision of
ebooks before the end of that period, you will lose the right to cancel
referred to in Section 7.2.
7.4 In order to
withdraw an offer to contract or cancel a contract on the basis described in
this Section 7, you must inform us of your decision to withdraw or cancel (as
the case may be). You may inform us by means of any clear statement setting out
the decision. In the case of cancellation, you may inform us using the
cancellation form that we will make available to you. To meet the cancellation
deadline, it is sufficient for you to send your communication concerning the
exercise of the right to cancel before the cancellation period has expired.
7.5 If you cancel an
order on the basis described in this Section 7, you will receive a full refund
of the amount you paid to us in respect of the order.
7.6 We will refund
money using the same method used to make the payment, unless you have expressly
agreed otherwise. In any case, you will not incur any fees as a result of the
refund.
7.7 We will process
the refund due to you as a result of a cancellation on the basis described in
this Section 7 without undue delay and, in any case, within the period of 14
days after the day on which we are informed of the cancellation.
8. Warranties and representations
8.1 You warrant and
represent to us that:
(a) you are legally
capable of entering into binding contracts;
(b) you have full
authority, power and capacity to agree to these terms and conditions; and
(c) all the
information that you provide to us in connection with your order is true,
accurate, complete, current and non-misleading.
8.2 We warrant to
you that your ebooks will be supplied to you with reasonable care and skill.
8.3 All of our
warranties and representations relating to ebooks are set out in these terms
and conditions. To the maximum extent permitted by applicable law and subject
to Section 9.1, all other warranties and representations are expressly
excluded.
9. Limitations and exclusions of liability
9.1 Nothing in these
terms and conditions will:
(a) limit or
exclude any liability for death or personal injury resulting from negligence;
(b) limit or
exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any
liabilities in any way that is not permitted under applicable law; or
(d) exclude any
liabilities that may not be excluded under applicable law,
and, if you
are a consumer, your statutory rights will not be excluded or limited by these
terms and conditions, except to the extent permitted by law.
9.2 The limitations
and exclusions of liability set out in this Section 9 and elsewhere in these
terms and conditions:
(a) are subject to
Section 9.1; and
(b) govern all
liabilities arising under these terms and conditions or relating to the subject
matter of these terms and conditions, including liabilities arising in
contract, in tort (including negligence) and for breach of statutory duty.
9.3 We will not be
liable to you in respect of any losses arising out of any event or events
beyond our reasonable control.
9.4 We will not be
liable to you in respect of any business losses, including (without limitation)
loss of or damage to profits, income, revenue, use, production, anticipated
savings, business, contracts, commercial opportunities or goodwill.
9.5 We will not be
liable to you in respect of any loss or corruption of any data, database or
software[, providing that if you contract with us under these terms and
conditions as a consumer, this Section 9.5 shall not apply].
9.6 We will not be
liable to you in respect of any special, indirect or consequential loss or
damage, providing that if you contract with us under these terms and conditions
as a consumer, this Section 9.6 shall not apply.
9.7 You accept that
we have an interest in limiting the personal liability of our officers and
employees and, having regard to that interest, you acknowledge that we are a
limited liability entity; you agree that you will not bring any claim
personally against our officers or employees in respect of any losses you
suffer in connection with the website or these terms and conditions (this will
not, of course, limit or exclude the liability of the limited liability entity
itself for the acts and omissions of our officers and employees).
9.8 Our aggregate
liability to you in respect of any contract to provide services to you under
these terms and conditions shall not exceed the greater of:
(b) the total amount paid and payable to us
under the contract.
10. Variation
10.1 We may revise
these terms and conditions from time to time by publishing a new version on our
website.
10.2 A revision of
these terms and conditions will apply to contracts entered into at any time
following the time of the revision, but will not affect contracts made before
the time of the revision.
11. Assignment
11.1 You hereby agree
that we may assign, transfer, sub-contract or otherwise deal with our rights
and/or obligations under these terms and conditions − providing, if you are a
consumer, that such action does not serve to reduce the guarantees benefiting
you under these terms and conditions.
11.2 You may not
without our prior written consent assign, transfer, sub-contract or otherwise
deal with any of your rights and/or obligations under these terms and
conditions.
12. No waivers
12.1 No breach of any
provision of a contract under these terms and conditions will be waived except
with the express written consent of the party not in breach.
12.2 No waiver of any
breach of any provision of a contract under these terms and conditions shall be
construed as a further or continuing waiver of any breach of that provision or
any other provision of that contract.
13. Severability
13.1 If a provision
of a contract under 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.
13.2 If any unlawful
and/or unenforceable provision of a contract under these terms and conditions
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.
14. Third party rights
14.1 A contract under
these terms and conditions is for our benefit and your benefit, and is not
intended to benefit or be enforceable by any third party.
14.2 The exercise of
the parties' rights under a contract under these terms and conditions is not
subject to the consent of any third party.
15. Entire agreement
15.1 Subject to
Section 9.1, these terms and conditions, together with our download licence
agreement, shall constitute the entire agreement between you and us in relation
to the sale and purchase of our downloads and the use of those downloads, and
shall supersede all previous agreements between you and us in relation to the
sale and purchase of our downloads and the use of those downloads.
16. Law and jurisdiction
16.1 A contract under
these terms and conditions shall be governed by and construed in accordance
with English law.
16.2 Any disputes
relating to a contract under these terms and conditions shall be subject to the
non-exclusive jurisdiction of the courts of England.
17. Statutory and regulatory disclosures
17.1 We will not file
a copy of these terms and conditions specifically in relation to each user or
customer and, if we update these terms and conditions, the version to which you
originally agreed will no longer be available on our website. We recommend that
you consider saving a copy of these terms and conditions for future reference.
17.2 These terms and
conditions are available in the English language only.
17.3 [Our VAT number
is [number].]
18. Our details
18.1 This website is
owned and operated by [name].
18.2 [We are
registered in [England and Wales] under registration number [number], and our registered office is at
[address].]
18.3 Our principal
place of business is at [address].
18.4 You can contact
us by writing to the business address given above, by using our website contact
form, by email to [email address] or
by telephone on [telephone number].
Image download terms and conditions
1. Introduction
1.1 These terms and
conditions shall govern the sale and supply of downloadable images through our
website, and the use of those images.
1.2 You will be
asked to give your express agreement to these terms and conditions before you
place an order on our website.
1.3 This document
does not affect any statutory rights you may have as a consumer.
2. Interpretation
2.1 In these terms
and conditions:
(a) "we"
means Squint Koros ADP (and "us and "our" should be construed
accordingly);
(b) "you"
means our customer or prospective customer under these terms and conditions
(and "your" should be construed accordingly);
(c) "images"
means those images that are available for purchase on our website; and
(d) "your
images" means any such images that you have purchased through our website
(including any enhanced or upgraded version of the images that we may make
available to you from time to time).
3. Order process
3.1 The advertising
of images on our website constitutes an "invitation to treat" rather
than a contractual offer.
3.2 No contract will
come into force between you and us unless and until we accept your order in
accordance with the procedure set out in this Section 3.
3.3 To enter into a
contract through our website to purchase downloadable images from us, the following
steps must be taken: you must add the images you wish to purchase to your
shopping cart, and then proceed to the checkout; if you are a new customer, you
must then create an account with us and log in; if you are an existing
customer, you must enter your login details; once you are logged in, you must
consent to the terms of this document; you will be transferred to our payment
service provider's website, and our payment service provider will handle your
payment; we will then send you an initial acknowledgement; and we will either
send you an order confirmation (at which point your order will become a binding
contract) or we will confirm by email that we are unable to meet your order.
4. Prices
4.1 Our prices are
quoted on our website.
4.2 We will from
time to time change the prices quoted on our website, but this will not affect
contracts that have previously come into force.
4.3 All amounts
stated in these terms and conditions or on our website are stated exclusive of
VAT before being VAT registered.
5. Payments
5.1 You must, during
the checkout process, pay the prices of the images you order.
5.2 Payments may be
made by any of the permitted methods specified on our website from time to time.
6. Licensing of images
6.1 We will supply
your images to you in the format or formats specified on our website, and by
such means and within such periods as are specified on our website.
6.2 Subject to your
payment of the applicable price and compliance with these terms and conditions,
we grant to you a worldwide, non-exclusive, non-transferable licence to make
any use of your images permitted by Section 6.3, providing that you must not in
any circumstances make any use of your images that is prohibited by Section
6.4.
6.3 The
"permitted uses" of your images are:
(a) downloading a
copy of each of your images;
(b) making, storing
and viewing copies of your images on not more than 1 desktop, laptop or
notebook computer;
(c) making, storing
and viewing copies of your images on not more than 1 mobile telephone, tablet
computer or similar mobile devices; and
(d) publishing a
single copy of each of your images on not more than 1 website or web
application that you operate and control.
6.4 The
"prohibited uses" of your images are:
(a) the sale,
renting, transferring or broadcasting of any image (or part thereof), and the
licensing, sub-licensing, distribution or redistribution of any image (or part
thereof) except in connection with a publication permitted by Section 6.3;
(b) the editing,
modification, adaptation or alteration of any image (or part thereof), and the
creation of any derivative work incorporating any image (or part thereof);
(c) the use of any
download (or part thereof) in any way that is unlawful or in breach of any
person's legal rights under any applicable law, or in any way that is
offensive, indecent, discriminatory or otherwise objectionable;
(d) the use of any
image (or part thereof) to compete with us, whether directly or indirectly;
(e) any commercial
use of any image (or part thereof); and
(f) the
circumvention or removal of, or any attempt to circumvent or remove, the
technological measures applied to any image for the purpose of preventing
unauthorised use,
providing that
nothing in this Section 6.4 will prohibit or restrict you or any other person
from doing any act expressly permitted by applicable law.
6.5 You warrant to
us that you have access to the necessary computer systems, media systems,
software and network connections to receive and enjoy the benefit of your
images.
6.6 All intellectual
property rights and other rights in the images not expressly granted by these
terms and conditions are hereby reserved.
6.7 You must retain,
and must not delete, obscure or remove, copyright notices and other proprietary
notices on or in any image.
6.8 The rights
granted to you in these terms and conditions are personal to you, and you must
not permit any third party to exercise these rights.
6.9 If you breach
any provision of these terms and conditions, then the licence set out in this
Section 6 will be automatically terminated upon such breach.
6.10 You may
terminate the licence set out in this Section 6 by deleting all copies of the
relevant images in your possession or control.
6.11 Upon the
termination of a licence under this Section 6, you must, if you have not
previously done so, promptly and irrevocably delete from your computer systems
and other electronic devices all copies of the relevant images in your
possession or control, and permanently destroy any other copies of the relevant
images in your possession or control.
7. Distance contracts: cancellation right
7.1 This Section 7
applies if and only if you offer to contract with us, or contract with us, as a
consumer - that is, as an individual acting wholly or mainly outside your
trade, business, craft or profession.
7.2 You may withdraw
an offer to enter into a contract with us through our website, or cancel a
contract entered into with us through our website, at any time within the
period:
(a) beginning upon
the submission of your offer; and
(b) ending at the
end of 14 days after the day on which the contract is entered into,
subject to
Section 7.3. You do not have to give any reason for your withdrawal or
cancellation.
7.3 You agree that
we may begin the provision of images before the expiry of the period referred
to in Section 7.2, and you acknowledge that, if we do begin the provision of
images before the end of that period, you will lose the right to cancel
referred to in Section 7.2.
7.4 In order to
withdraw an offer to contract or cancel a contract on the basis described in
this Section 7, you must inform us of your decision to withdraw or cancel (as
the case may be). You may inform us by means of any clear statement setting out
the decision. In the case of cancellation, you may inform us using the
cancellation form that we will make available to you. To meet the cancellation
deadline, it is sufficient for you to send your communication concerning the
exercise of the right to cancel before the cancellation period has expired.
7.5 If you cancel an
order on the basis described in this Section 7, you will receive a full refund
of the amount you paid to us in respect of the order.
7.6 We will refund
money using the same method used to make the payment, unless you have expressly
agreed otherwise. In any case, you will not incur any fees as a result of the
refund.
7.7 We will process
the refund due to you as a result of a cancellation on the basis described in
this Section 7 without undue delay and, in any case, within the period of 14
days after the day on which we are informed of the cancellation.
8. Warranties and representations
8.1 You warrant and
represent to us that:
(a) you are legally
capable of entering into binding contracts;
(b) you have full
authority, power and capacity to agree to these terms and conditions; and
(c) all the
information that you provide to us in connection with your order is true,
accurate, complete, current and non-misleading.
8.2 We warrant to
you that your images will be supplied to you with reasonable care and skill.
8.3 All of our
warranties and representations relating to images are set out in these terms
and conditions. To the maximum extent permitted by applicable law and subject
to Section 9.1, all other warranties and representations are expressly
excluded.
9. Limitations and exclusions of liability
9.1 Nothing in these
terms and conditions will:
(a) limit or
exclude any liability for death or personal injury resulting from negligence;
(b) limit or
exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any
liabilities in any way that is not permitted under applicable law; or
(d) exclude any
liabilities that may not be excluded under applicable law,
and, if you
are a consumer, your statutory rights will not be excluded or limited by these
terms and conditions, except to the extent permitted by law.
9.2 The limitations
and exclusions of liability set out in this Section 9 and elsewhere in these
terms and conditions:
(a) are subject to
Section 9.1; and
(b) govern all
liabilities arising under these terms and conditions or relating to the subject
matter of these terms and conditions, including liabilities arising in
contract, in tort (including negligence) and for breach of statutory duty.
9.3 We will not be
liable to you in respect of any losses arising out of any event or events
beyond our reasonable control.
9.4 We will not be
liable to you in respect of any business losses, including (without limitation)
loss of or damage to profits, income, revenue, use, production, anticipated
savings, business, contracts, commercial opportunities or goodwill.
9.5 We will not be
liable to you in respect of any loss or corruption of any data, database or
software[, providing that if you contract with us under these terms and
conditions as a consumer, this Section 9.5 shall not apply].
9.6 We will not be
liable to you in respect of any special, indirect or consequential loss or
damage, providing that if you contract with us under these terms and conditions
as a consumer, this Section 9.6 shall not apply.
9.7 You accept that
we have an interest in limiting the personal liability of our officers and
employees and, having regard to that interest, you acknowledge that we are a
limited liability entity; you agree that you will not bring any claim
personally against our officers or employees in respect of any losses you
suffer in connection with the website or these terms and conditions (this will
not, of course, limit or exclude the liability of the limited liability entity
itself for the acts and omissions of our officers and employees).
9.8 Our aggregate
liability to you in respect of any contract to provide services to you under
these terms and conditions shall not exceed the greater of:
(a) Cost of reimbursement
(b) The total
amount paid and payable to us under the contract.
10. Variation
10.1 We may revise
these terms and conditions from time to time by publishing a new version on our
website.
10.2 A revision of
these terms and conditions will apply to contracts entered into at any time
following the time of the revision, but will not affect contracts made before
the time of the revision.
11. Assignment
11.1 You hereby agree
that we may assign, transfer, sub-contract or otherwise deal with our rights
and/or obligations under these terms and conditions − providing, if you are a
consumer, that such action does not serve to reduce the guarantees benefiting
you under these terms and conditions.
11.2 You may not
without our prior written consent assign, transfer, sub-contract or otherwise
deal with any of your rights and/or obligations under these terms and
conditions.
12. No waivers
12.1 No breach of any
provision of a contract under these terms and conditions will be waived except
with the express written consent of the party not in breach.
12.2 No waiver of any
breach of any provision of a contract under these terms and conditions shall be
construed as a further or continuing waiver of any breach of that provision or
any other provision of that contract.
13. Severability
13.1 If a provision
of a contract under 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.
13.2 If any unlawful
and/or unenforceable provision of a contract under these terms and conditions
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.
14. Third party rights
14.1 A contract under
these terms and conditions is for our benefit and your benefit, and is not
intended to benefit or be enforceable by any third party.
14.2 The exercise of
the parties' rights under a contract under these terms and conditions is not
subject to the consent of any third party.
15. Entire agreement
15.1 Subject to
Section 9.1, these terms and conditions, together with our download licence
agreement shall constitute the entire agreement between you and us in relation
to the sale and purchase of our downloads and the use of those downloads, and
shall supersede all previous agreements between you and us in relation to the
sale and purchase of our downloads and the use of those downloads.
16. Law and jurisdiction
16.1 A contract under
these terms and conditions shall be governed by and construed in accordance
with English law.
16.2 Any disputes
relating to a contract under these terms and conditions shall be subject to the
non-exclusive jurisdiction of the courts of England.
17. Statutory and regulatory disclosures
17.1 We will not file
a copy of these terms and conditions specifically in relation to each user or
customer and, if we update these terms and conditions, the version to which you
originally agreed will no longer be available on our website. We recommend that
you consider saving a copy of these terms and conditions for future reference.
17.2 These terms and
conditions are available in the English language only.
17.3 [Our VAT number
is [number].]
18. Our details
18.1 This website is
owned and operated by Squint Koros ADP.
18.2 We are
registered in England and Wales under registration number 9436722, and our
registered office is at Companies House.
18.3 Our principal
place of business is at, 1st Floor, Nottinghill Gate, London,
W113LB, UK.
18.4 You can contact
us by writing to the business address given above, by using our website contact
form, by email to info@squintkoros.com
.
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