1.1 We will use our reasonable endeavours to provide accurate
and complete Services in the general area of gas safety, and You
recognise that We use Our discretion in doing this. You are
responsible for seeking advice and/or confirmation of all
information, advice or other Site content that you rely on in any
way.
1.2 We do not warrant or represent that the Site will be
available uninterrupted, error-free, that defects will be remedied,
or that the Site will contain no bugs, viruses, malware or
analogous detrimental devices. You are responsible for taking
appropriate steps to prevent any loss relating to such occurrences,
and You agree to assume the risk for such loss, except where such
loss is brought about by Our wilful neglect, act or omission.
2. Information Rights and Ownership
2.1. The Site is owned by Us. Unless explicitly agreed, the use
and ownership of Information and Rights are and shall remain Our
property, or those of third parties, and no licence or transfer of
ownership shall be implied. All Rights in the Information are
reserved.
2.2 Should any new Rights be created through the use of the
Site, either alone or in conjunction with any other information or
idea, then those rights shall belong to Us to the full extent
allowed by law. In the event that any new Rights are found not to
belong to Us, You undertake to grant or procure a perpetual,
unfettered and free licence to Us to use those new Rights.
2.3. You may copy, download, adapt or print off copies of the
materials, information, data and other content included on the Site
for non-commercial use only, including personal use. You will need
to obtain permission in writing from us for any further use of Site
content.
2.4. Deletion, modification or use of the Information for any
unauthorised purpose might violate Our copyright, trademark, and
trade secret rights and others' proprietary rights, or those of
third parties.
2.5. If You download software from the Site, the software is
licensed to You on a non-exclusive, non-sub licensable basis. Such
software is licensed for non-commercial use, including personal
use. Ownership of the software will not transfer to You. You may
not redistribute, sell, decompile, reverse-engineer or disassemble
the software.
2.6. The use of Information on any other web site or network
computer environment is forbidden, unless specifically allowed by
these Conditions, or as otherwise explicitly agreed in writing with
Us.
3.1. We do not monitor the content of third party websites. Any
link provided on this Site is solely for your convenience. We make
no warranty or representation regarding the accuracy, completeness,
likelihood to offend, or other aspects of their content, nor accept
any liability regarding the same.
4.1. Any notice by You to Us must be in writing, and served by
sending it by recorded delivery post to Our address, set out above,
or by email to an address indicated on the Site.
5.1. The following clause specifies, to the extent allowed by
applicable law, the extent to which We will be liable for Default.
Our entire liability and Your sole remedies, in contract, tort or
otherwise, are set out in this clause.
5.2. Nothing herein shall act to limit liability for death or
personal injury caused by negligence.
5.3 Our liability to You in providing the Site, whether in
contract, tort (including negligence), equity or any claim
whatsoever shall on no account exceed an aggregate figure for all
claims in any calendar year of £5000 (five thousand pounds), and
shall be limited to direct damages only. It is agreed that We
specifically exclude liability for:
5.3.1. economic loss, loss of profits, loss of use
of profits, business, revenue, goodwill or anticipated savings;
and
5.3.2. special, indirect or consequential loss.
5.4. You acknowledge that:
5.4.2. the exclusions and limitations in these
Conditions are fair and reasonable in all the circumstances known
at the date of Your agreement to abide by these Conditions; and
5.4.3. it is not possible to foresee and provide in
these Conditions for all contingencies which may give rise to loss,
damage or liability.
5.5. Each of the limitations and exclusions above is to be
construed separately, applying and surviving even if any one or
other of the limitations or exclusions is held inapplicable or
unreasonable, and will remain in force despite termination of these
Conditions.
6.1. The headings to the Conditions are for convenience
only.
6.2. These Conditions contain the entire agreement between You
and Us in respect of the use of the Site. These Conditions may not
be amended orally and no waiver or amendment will be binding unless
in writing and expressly incorporated into these Conditions by Us.
In agreeing to these Conditions, You have not relied on any
representation other than those expressly stated in these
Conditions and You agree that You will have no remedy in respect of
any misrepresentation which has not been made expressly in these
Conditions.
6.3. These Conditions and any of Your rights under these
Conditions are personal to You and may not be assigned to a third
party without Our prior written consent.
6.4. These Conditions do not imply or create an employment,
agency, partnership or joint venture between You and Us.
6.5 Our failure to insist upon the strict performance of any of
Your obligations under these Conditions or any Contract will not be
construed as a waiver and will not affect Our rights to require
strict performance of such obligations.
6.6 If any part of these Conditions is found to be invalid or
unenforceable, this will not affect the remainder of the
Conditions, which will remain in full force and effect.
6.7 Nothing in these Conditions or any Contract will give or is
intended to give rights to any third party under the Contracts
(Rights of Third Parties) Act 1999.
7. Data Protection and Privacy
7.1. We will comply with the Data Protection Act 1998 in
processing all personal data and sensitive personal data. Further
details are set out in Our privacy policy, which is available on
this Site, and which You should refer to.
8. Governing Law and Jurisdictional Issues
8.1. We make no representation that any Information on the Site
is appropriate or available for use in any locations/jurisdictions
other than within Great Britain. If You choose to access and/or use
the Site from locations other than Great Britain, You do so totally
at Your own risk.
8.2. English Law governs these Conditions and You submit to the
jurisdiction of the English Courts.