TERMS AND CONDITIONS OF USE OF POSITIVE CONSULTANCY LTD
We reserve the right to modify or amend these Terms and Conditions at any time without giving prior notice and your continued use of the Website/Services following any changes shall be deemed to be your acceptance of such change. It is therefore your responsibility to check the Terms and Conditions regularly for any changes. The last date these Terms and Conditions of use were revised is set forth below.
1 INTELLECTUAL PROPERTY RIGHTS
The Website and its content (including without limitation the Website design, text, graphics, and all software and source codes connected with the Website and the Services) are protected by copyright, trademarks, patents and other intellectual property rights and laws. In accessing the Website, you agree that you will access the contents solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
3 ACCEPTABLE USE
You acknowledge that all information, text, graphics, logos, photographs, images, moving images, sound, illustrations and other materials (“the Content”), whether posted publicly or transmitted privately, are the sole responsibility of the person from whom such Content originated.
In using the Website/Services you agree not to:
1. use the Services to send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise;
2. post, publish distribute or disseminate material or information that is defamatory, infringing, obscene, indecent, threatening, abusive, harassing or unlawful;
3. post, publish, distribute or disseminate material or information that incites discrimination, hate or violence towards any person or group on account of their race, religion, disability, nationality or otherwise;
4. threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others;
5. use any information or material in any manner that infringes any copyright, trademark, patent or other proprietary right of any party;
6. make available or upload files that contain a virus, worm, Trojan or corrupt data that may damage the operation of the computer or property of another;
7. collect or store personal information about others, including email addresses;
8. impersonate any person or entity for the purpose of misleading others;
9. violate any applicable laws or regulations;
10. post, publish, distribute or disseminate material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement);
11. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content. You agree not to use the Site in any manner that might interfere with the rights of third parties.
12. USER SUPPLIED INFORMATION. If you supply any information or material to Positive Consultancy Ltd via the Site, you guarantee to Positive Consultancy Ltd that you have the legal right to supply, post, or store such information or material and that doing so will not violate any law or the rights of any person or entity.
We have the right to terminate your access to any or all of the Services at any time, without notice, for any reason, including without limitation, breach of these Terms and Conditions. We may also at any time, at our sole discretion, discontinue the Website/Services or any part thereof without prior notice and you agree that we shall not be liable to you or any third party for any termination of your access to the Website/Services.
5 LINKS TO THIRD PARTY WEBSITES
Hypertext links to third party web sites or information do not constitute or imply an endorsement, sponsorship, or recommendation by Positive Consultancy Ltd of the third party, the third-party web site or the information contained therein. You acknowledge and agree that Positive Consultancy Ltd is not responsible for the availability of any such web sites and that Positive Consultancy Ltd does not endorse or warrant, and is not responsible or liable for, any such web site, third party or the information contained therein.
6 DOWNLOADING FILES
Positive Consultancy Ltd cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs. The entire risk as to the quality and performance of the Site and the Service and the accuracy of the Content is solely and exclusively with you.
7 INTERNATIONAL USE
Positive Consultancy Ltd makes no representation that the Service or Content is applicable or appropriate for use in locations outside the UK. You agree to comply with all applicable laws and local rules regarding the transmission of technical data, acceptable contents and online conduct.
8 DISCLAIMERS AND LIMITATION OF LIABILITY
8.1 Positive Consultancy Ltd makes no warranty that the Website/Services will meet your requirements, that Content will be accurate or reliable, that the functionality of the Website/Services will be uninterrupted or error free, that defects will be corrected or that the Website/Service or the server that makes them available are free of viruses or anything else which may be harmful or destructive.
8.2 Use of the Website/Services is at your own risk. The Website/Services are provided on an “AS IS” and “AS AVAILABLE” basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
8.3 Positive Consultancy Ltd will not be liable for any loss or damage arising either directly or indirectly from any use or inability to use the Site, the Service or the Content (including without limitation loss of business, opportunity, data, profits arising out of or in connection with the use of the Website Services). You understand and agree that under no circumstances will Positive Consultancy Ltd be liable for any damages whatsoever, including, but not limited to: (a) any direct, incidental, consequential, exemplary or indirect damages arising out of the use of or inability to use the Site, the Service, or the Content, (b) any claim attributable to errors, omissions, or other inaccuracies in the Site, The Service and/or the Content, (c) unauthorized access to or alteration of transmission or data (d) statements of conduct or service or content of any third party on the Site or (e) any other matter relating to the Site, the Service, or the Content.
If you are dissatisfied with the Site, the Service, the Content, or with the Terms and Conditions of Use of Positive Consultancy Ltd, your sole and exclusive remedy is to discontinue using the site. You acknowledge, by your use of the Site, that such use is at your sole risk.
You understand that you are personally responsible for your behaviour on the Site. You agree to indemnify and hold Positive Consultancy Ltd harmless from and against any breach by you of these Terms and Conditions and any claim or demand brought against Positive Consultancy Ltd by any third party arising out of your use of the Site, the Services and/or any of the Content submitted, posted or transmitted through the Services, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses, (including reasonable legal costs and expenses), howsoever suffered or incurred by Positive Consultancy Ltd in consequence of your breach of these Terms and Conditions.
10.1 Correction of error and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. Positive Consultancy Ltd therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. Positive Consultancy Ltd does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Terms or Conditions shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
12 GOVERNING LAW
These Terms and Conditions of Use shall be governed by and construed in accordance with the Law of England and you hereby submit to the exclusive jurisdiction of the English Courts.
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Date published 20/07/17