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1. Introduction and Terminology
- 1.1 We have provided this portal web site (the "Web Site") on condition that these web site terms and conditions numbered 1 to 9 (the "Terms") regulate your Use of it. By Using any part of this Web Site in any way you are signalling that you agree to be fully bound by these Terms and that your Use of the Web Site will be wholly in accordance with them.
- 1.2 In these Terms any use of the words "we", "us", "our" or similar expressions shall mean Boston Mathews, Navigation Road, Diglis, Worcester WR5 3DE, UK.
- 1.3 In these Terms any use of the words "you", "your" or similar expressions shall mean any human User of any part of the Web Site whether via a standard web browser or any other means of access (whether guided or automatic) whatsoever.
- 1.4 In these Terms a reference to any "Section" means the appropriate section of these Terms unless the context indicates otherwise.
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2. Use of this Web Site
- 2.1 We grant you personal, non-exclusive, non-transferable, royalty free licence to Use the Web Site via standard Internet browser software (including browser software designed for those with disabilities) on the basis set out in Section 2.2 below only.
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2.2 You may download, access, view, translate, navigate and print
(together "Use") the materials constituting the Web Site provided that:
- a) Any notices relating to ownership of any Intellectual Property in the Web Site or any constituent materials of the Web Site shall be reproduced without alteration;
- b) Unless authorised to do so by us, you will not attempt to gain access to any areas of the Web Site to which you have not been intentionally granted access.
- c) Subject to Section 4, unless authorised to do so by us in writing, you will not attempt to copy, duplicate the style of, modify, reverse engineer, hack, spam, bombard, subject to denial of service attacks, disassemble (other than as provided for by English Law) or create derivative works based upon the Web Site or any constituent part thereof;
- d) You will not attempt to Use the Web Site in any manner which is illegal under the laws of England or under the laws of the territory from which you Use the Web Site.;
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3. Intellectual Property
- 3.1 Intellectual Property Rights" means patents, registered designs, trade marks and service marks (whether registered or not), copyright, design right, and all similar property rights including those subsisting (in any part of the world) in inventions, designs, drawings, performances, computer programs, confidential information, business names, domain names, Terms and Conditions of Use of Boston Mathews Website 2006 goodwill and the style of presentation of goods or services and in applications for protection of any of the above rights;
- 3.2 Subject to the limited licence granted in Section 2, we or our licensors retain ownership of and all Intellectual Property Rights in the Web Site and all constituent parts including without limitation the domain name, content, documents, images, source code, object code, server side code, databases, applets, know how, goodwill, style, presentation and ?look and feel'. Any trademarks used in or on the Web Site will remain the property of their respective owners. You will not gain any Intellectual Property Rights to or in the Web Site or any constituent part of the Web Site.
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4. Downloading of Documents
- 4.1 Unless instructed otherwise by us, you may download and print a reasonable number of copies of any documents available to you on the Web Site solely for your own use.
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5. Personal Information and Privacy Policy
- 5.1 We are committed to protecting your privacy and the confidentiality of any Personal Data or Sensitive Personal Data (both as defined in the Data Protection Act 1998, together "Specific Data") you supply to us whilst Using this Web Site in compliance with the Data Protection Act 1998. In addition, some of our Web Site monitoring systems collect certain general information about all visitors to this Web Site in aggregate automatically for the purpose of tracking site usage which does not contain any Specific Data ("General Data"). By Using the Web Site all Users consent to the collection, storage, processing and disclosure and transmission outside the European Economic Area of General Data.
- 5.2 Any use of cookies made on this Web Site will be done in accordance with the Data Protection Act 1998.
- 5.3 Specific Data may be collected if you upload or input any information or content into the Web Site. Any Specific Data submitted by you will be held securely by us and will be used for the primary purpose described at the point of collection. The act of submitting Specific Personal Data will constitute consent to use of the Specific Data for the primary purpose ("Primary Consent").
- 5.4 At any point where Specific Data is collected you will be provided with the option of allowing us to use that Specific Data to provide you with news that we consider might be of interest you, or to disclose certain Specific Data to selected third parties. You may grant your permission to these additional uses ("Secondary Consent") or not. If at any time after you have granted or denied Secondary Consent you wish to alter that permission please email us at Info@BostonMathews.com.
- 5.5 Other than where you have given Secondary Consent, we will not disclose any Specific Data to any third party except as might be required by any court of competent jurisdiction.
- 5.6 You shall comply completely with the Data Protection Act 1998 throughout your Use of the Web Site.
- 5.7 Specific Data and General Data delivered to us via our Web Site will be stored in a secure manner.
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6. Liability and Disclaimers
- 6.1 Nothing in these Terms shall limit either party's liability to the other for death or personal injury caused by their negligence or any other forms of liability which cannot lawfully be limited.
- 6.2 THIS WEB SITE IS PROVIDED ON AN 'AS IS' BASIS AND THE USE OF THE WEB SITE IS DONE ENTIRELY AT YOUR OWN RISK. WE HEREBY EXCLUDE ALL REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF ANY INFORMATION ON THE WEB SITE TO THE MAXIMUM EXTENT ALLOWED BY ENGLISH LAW. WE SHALL NOT BE LIABLE FOR ANY LOSSES, COSTS, CLAIMS, DEMANDS, DAMAGES AND EXPENSES (EACH WHETHER DIRECT OR INDIRECT) RESULTING FROM ANY UNAVAILABILITY (WHETHER TEMPORARY OR PERMANENT) OF THE WEB SITE OR ANY CONSTITUENT PART, OR ANY CHANGES (WHETHER ANNOUNCED OR UNANNOUNCED) TO THE WEB SITE OR ANY CONSTITUENT PART.
- 6.3 IN THE EVENT THAT THIS WEB SITE CONTAINS ANY LINKS TO ANY THIRD PARTY WEB SITES SUCH LINKS SHALL NOT SIGNAL ANY RECOMMENDATION OF OR AFFILIATION WITH THOSE THIRD PARTY WEB SITES. WE SHALL NOT BE LIABLE IN ANY WAY FOR THE CONTENT OF THOSE WEB SITES AND THE USE OF ANY THIRD PARTY WEB SITES IS DONE ENTIRELY AT YOUR OWN RISK.
- 6.4 Subject to Section 7.1, in any event our total aggregate liability to you under these Terms shall be limited to £50 (fifty pounds sterling).
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7. Rights of third parties
- 7.1 The Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms except to the extent specified by this Section 8. No person who is not a party to these Terms (including any employee, officer, agent, representative or subcontractor of either party) shall have the right (whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise) to enforce any term of these Terms which expressly or by implication confers a benefit on that person without the express prior agreement in writing of both parties to these Terms which agreement must refer to this Section 8.1.
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8. Changes to the Web Site and Termination
- 8.1 We may add, delete or change the Web Site or any constituent part or any at any time without notice or explanation to you for any reason or no reason.
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8.2 We may terminate your Licence to use the Web Site or any constituent
part of it at any time:
- a) if you are, or have been, in breach of any term of these Terms;
- b) if you indicate, whether directly or by a course of conduct, that you do not agree to these Terms; or
- c) for any reason or no reason whatsoever.
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9. General
- 9.1 These Terms contain the entire agreement between the parties in relation to their subject matter. In addition, you acknowledge that you have not entered into the agreement on these Terms because of, or in reliance upon, any statement or representation made by us or on our behalf whether prior to or after the commencement of this agreement.
- 9.2 These Terms may be amended by us at any time without notice or explanation to you. You will be deemed to accept the amended Terms when you next Use this Web Site following any such amendment by us.
- 9.3 The rights and remedies of either party in respect of these Terms shall not be diminished by the granting of any indulgence granted by such party to the other intentionally or otherwise. Any waiver of any breach of these Terms shall be in writing and shall not prevent the subsequent enforcement of that provision and shall not be deemed to be a waiver of any subsequent breach of that or any other provision.
- 9.4 If at any time any part of these Terms are held to be or become void or unenforceable for any reason under any applicable law, the same shall be deemed omitted from these Terms and the validity and/or enforceability of the remaining provisions of these Terms shall not in any way be affected or impaired as a result of that omission.
- 9.5 These Terms shall be governed by, and construed in accordance with, the laws of England and any dispute or matter arising under or in relation to these Terms shall be subject to the exclusive jurisdiction of the English Courts to which the parties irrevocably submit.