4.3.1
Any services (whether or not provided by us) will be provided with
due care and skill or;
4.3.2
Any goods (whether or not provided by us) will be of merchantable
quality or will be fit for any purpose (even if that purpose has
been previously notified to us).
4.4
To the extent permitted by law, we exclude all liability (whether
arising in contract, tort or otherwise and whether or not due to our
negligence) which we may otherwise have to you as a result of:-
4.4.1
Any technical, factual, textual or typographical inaccuracies,
errors or omissions on or relating to our site or any
information on our site.
4.4.2
The unavailability of our site (or any part of it), goods or
services.
4.4.3
The delay in providing, or failure to provide or make available,
goods or services or any negligent provision of goods or
services.
4.4.4
Any goods not being of merchantable quality or fit for their
intended purpose.
4.4.5
Any mis-representation on or relating to our site, the goods or
the services (other than a fraudulent mis-representation made
especially by us).
4.5
Our maximum liability to your business in respect of your use of our
site or any services we provide or make available to you through or
in relation to our site will be the amount of any subscription fees
paid on behalf of your business during the year in which the
liability arose. You agree that we shall have no liability for
indirect or consequential losses, loss of data, income or profit or
damages for loss of or damage to property.
4.6
You agree that each of these limitations are reasonable having
regard to the nature of our site and in particular given that when
you purchase information, goods or services through our site you
will enter into a separate contract with the supplier in each case.
4.7
None of the exclusions or limitation in clause 4 shall exclude or
restrict our liability for death or personal injury caused by our
negligence.
4.8
None of the above exclusions shall effect any statutory rights which
are not capable of being excluded. However, in each such case our
obligation, where permitted by law, will be limited to the re-supply
of our site, goods or service to you.
4.9
Each of the above exclusions or limitations shall be construed as a
separate, and severable, provision of these Terms and Conditions.
5.
Links to other sites
5.1
The site may contain certain links, including hyper-text links which
will take you outside our site and into a third party site.
5.2
Links are provided for your convenience and inclusion of any link
does not imply endorsement or approval by us of the link site, its
operator or its contents.
5.3
We are not responsible for the contents of any website outside our
site.
6.
No commercial use
6.1
You agree that you will use our site only for your internal business
purposes and you shall not exploit our site or any of its contents
for any commercial purpose.
7.
Third party rights
7.1
Where in these terms representations and warranties are made to us
and to suppliers of goods and services through our site, you
acknowledge and agree that such representations and warranties are
intended to grant rights to, and operate for the benefit of, all
such suppliers and that each such supplier may rely upon and enforce
such representations and warranties against you by virtue of the
Contracts (rights of third parties) Act 1999.
8.
Variations
8.1
We reserve the right at any time without notice to revise the
contents of our site (including the services offered by us) and
these Terms and Conditions.
8.2
Any changes to these Terms and Conditions will be posted on our site
and by continuing to use our site following any such change you will
signify that you agree to be bound by the revised Terms and
Conditions of Use.
9.
The use of your information
9.1
You agree that we may collect, store and use information about you
in accordance with our Privacy Policy.
9.2
You acknowledge and agree to be bound by the terms of our privacy
policy.
10.
Copyright
10.1
All rights in the design, text, graphics and other material on our
site and the selection or arrangement thereof are the copyright of
us or other third parties.
10.2
Permission is granted to electronically copy and print in hard copy
portions of our site solely in connection with the acquisition of
goods or services through our site.
10.3
Any other use of materials on our site (including reproduction for
purposes other than those noted above and alteration, modification,
distribution or republication) without our prior written permission
is strictly prohibited.
10.4
You hereby grant us a perpetual royalty/free, irrevocable licence to
copy, issue copies, communicate to the public, make publically
available and include in a cable programme service (either in whole
or in part or in a modified or edited form) any material you upload
or post to our site (whether to a chat room, bulletin board or
otherwise). You acknowledge and agree that such material is not
uploaded or posted subject to any obligation of confidence.
11.
Trademarks
11.1
We are the proprietor of the Butcher Contact Trademark in the UK and
other countries.
11.2
All other trademarks, product names and company names or logos used
on our site are the property or that of their respective owners.
11.3
No permission is given by us in respect of the use of any such
trademarks, getup, product names, company names, logos or titles and
any such use may constitute an infringement of the holders rights.
12.
Access
12.1
We reserve the right in our sole discretion to deny users access to
our site or any part of our site without notice and to decline to
provide the service to any user that is in breach of these Terms and
Conditions of Use.
12.2
Access to the site must only be for lawful purposes and in a manner
that does not infringe the rights or restrict or inhibit our rights
and the use of our site.
12.3
Any such restriction will include conclude conduct that is unlawful
or may cause distress to any persons or, the use of transmissions of
obscene, offensive or illegal content or, material that will cause
any type of disruption to our site.
13.
Events beyond our control
13.1
We shall not be liable to you for any breach of these Terms and
Conditions of Use or any failure to provide or delay in providing
our services through our site resulting from any events or
circumstances beyond our control including, without limitation,
strikes, lock outs and other industrial disputes, breakdown of your
systems or network access, fire, explosion or accident.
14.
Applicable law and jurisdiction
14.1
These Terms and Conditions (and any dispute, controversy,
proceedings or claim of whatever nature arising out of or in anyway
relating to them or their formation) shall be governed by and
interpreted in accordance with English Law and, for these purposes,
the parties irrevocably submit to the exclusive jurisdiction of the
English Courts.
15.
Unenforceability
15.1
The unenforceability or otherwise of any provisions of these Terms
and Conditions shall not effect the unenforceability of the rest of
these Terms and Conditions.
16.
Company details
16.1
Trading address :
62
High Street
Skegness
Lincolnshire
PE25 3NW
Tel:
01754 610500
Fax:
0175 610555
E-mail
Address: admin@butcherscontacts.co.uk