1 ACCEPTANCE OF TERMS
1.1 Your access to and use of SimplyHarrogate.com
("the Website") and any Services
referred to in Clause 2, is subject exclusively
to these Terms and Conditions. You will
not use the Website/Services for any purpose
that is unlawful or prohibited by these
Terms and Conditions. By using the Website/Services
you are fully accepting the terms, conditions
and disclaimers contained in this notice.
If you do not accept these Terms and Conditions
you must immediately stop using the Website/Services.
1.2
We (Advanced Services Online Ltd.) reserve the right
to update or amend these Terms and conditions
at any time 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.
2
THE SERVICES
The
Website may provide communication tools
such as email, bulletin boards, chat areas,
news groups, forums and/or other message
or communication facilities ("the
Services") designed to enable you
to communicate with others. Unless stated
otherwise the Services are for your personal
and non-commercial use only.
3
CHILD SUPERVISION
We
are concerned about the safety and privacy
of our users, particularly children. Parents
who wish to allow their children access
to and use of the Website/Services should
supervise such access and use. By allowing
your child access to the Services you
are allowing your child access to all
of the Services, including email, bulletin
boards, chat areas, news groups, forums
and/or other message or communication
facilities. It is therefore your responsibility
to determine which Services are appropriate
for your child. Always use caution when
revealing personally identifiable information
about yourself or your children via any
of the Services.
4
PRIVACY POLICY
4.1
We are committed to responsible data management
and subscribe to the principals of the
data protection legislation in the United
Kingdom. We are committed to maintaining
the privacy of our users and maintaining
the security of any personal information
received from you. If you register for
any of the Services you will be asked
to provide basic personal information.
The information provided by you is not
available for sale or use by third parties.
The information is used solely for notifying
you of changes or updates to the website/Services.
4.2
We use a technology called "cookies"
as part of our normal business procedure
to track patterns of behaviour of visitors
to the Website. A cookie is an element
of data that the Website sends to your
browser that is then stored on your system.
You can set your browser to prevent this
happening. Any information collected in
this way can be used to identify you unless
you change your browser settings.
5
USER ACCOUNT, PASSWORD AND SECURITY
If
a particular Service requires you to open
an account you will be required to complete
the registration process by providing
certain information and registering a
username and password for use with that
Service. You are responsible for maintaining
the confidentiality of the username and
password and also for all activities which
take place under your account. You agree
to immediately notify us of any unauthorised
use of your password or account or any
other breach of security. In no event
will Advanced Services Online Ltd. be liable for any
indirect or consequential loss or damage
whatsoever resulting from the disclosure
of your username and/or password. You
may not use another person's account at
any time, without the express permission
of the account holder.
6
ACCEPTABLE USE
6.1
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.
We do not control or endorse the Content
and cannot guarantee the accuracy, integrity
or quality of such Content and you acknowledge
that by using the Services you may be
exposed to Content that is offensive and/or
indecent. Advanced Services Online Ltd. will not be liable
in any way for any Content or for any
loss or damage of any kind resulting from
the use of any Content transmitted via
the Services and you agree to bear all
risks associated with the use of any Content,
including any reliance on the accuracy
or completeness of such Content.
6.2
In using the Website/Services you agree
not to:
6.2.1
use the Services to send junk email, spam,
chain letters, pyramid schemes or any
other unsolicited messages, commercial
or otherwise;
6.2.2
post, publish, distribute or disseminate
material or information that is defamatory,
infringing, obscene, indecent, threatening,
abusive, harassing or unlawful;
6.2.3
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;
6.2.4
threaten, abuse, disrupt, stalk or otherwise
violate the legal rights (including rights
of privacy and publicity) of others;
6.2.5
use any information or material in any
manner that infringes any copyright, trademark,
patent or other proprietary right of any
party;
6.2.6
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;
6.2.7
collect or store personal information
about others, including email addresses;
6.2.8
advertise or offer to buy or sell goods
or services for any commercial purpose,
unless such communication facility specifically
allows such messages;
6.2.9
impersonate any person or entity for the
purpose of misleading others;
6.2.10
violate any applicable laws or regulations;
6.2.11
use the Website/Services in any manner
that could damage, disable, overburden
or impair the Website/Services or interfere
with any other party's use and enjoyment
of the Website/Services;
6.2.12
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);
6.2.13
attempt to gain unauthorised access to
any of the Services, other accounts, computer
systems or networks connected to the Website/Services
through hacking, password mining or any
other means.
6.3
We have no obligation to monitor the Services
but shall be entitled to review materials
posted to a communications facility and,
at our sole discretion, to remove any
material that breaches these Terms and
Conditions or is otherwise objectionable.
7
TERMINATION
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.
8
LINKS TO THIRD PARTY WEBSITES
The
Website/Services may include links to
third party websites that are controlled
and maintained by others. Any link to
other websites is not an endorsement of
such websites and you acknowledge and
agree that Advanced Services Online Ltd. is not responsible
for the content or availability of any
such sites.
9
INTERNATIONAL USE
You
agree to comply with all applicable laws
regarding the transmission of technical
data exported from the United Kingdom
or the country in which you reside (if
different) and with all local laws and
rules regarding acceptable use of and
conduct on the Internet.
10
INTELLECTUAL PROPERTY RIGHTS
10.1
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,
trade marks, 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.
10.2
Advanced Services Online Ltd. does not claim ownership
of any materials you post, upload or submit
to any publicly accessible area of the
Services. However, by doing so you are
granting us a world-wide, royalty free,
non-exclusive licence to copy, distribute,
transmit, reproduce, publicly display,
edit, translate or publish such Content
for as long as you elect to display such
Content via the Services. The licence
shall be terminated when such Content
is deleted from the Services.
11
INDEMNITY
You
agree to indemnify and hold Advanced Services Online Ltd. harmless from and against any breach
by you of these Terms and Conditions and
any claim or demand brought against Advanced Services Online Ltd. by any third party arising out of
your use of the Services and/or any 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 Advanced Services Online Ltd. in consequence of your
breach of these Terms and Conditions.
12
DISCLAIMERS AND LIMITATION OF LIABILITY
12.1
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.
12.2
To the extent permitted by law, Advanced Services Online Ltd. will not be liable for any indirect
or consequential loss or damage whatsoever
(including without limitation loss of
business, opportunity, data, profits)
arising out of or in connection with the
use of the Website/Services.
12.3
Advanced Services Online 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/Services or the server that makes
them available are free of viruses or
anything else which may be harmful or
destructive.
12.4
Nothing in these Terms and Conditions
shall be construed so as to exclude or
limit the liability of Advanced Services Online Ltd.
for death or personal injury as a result
of the negligence of Advanced Services Online Ltd..
12.5
Nothing in these Terms and Conditions
shall affect your statutory rights as
a consumer.
13
SEVERANCE
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 Term
or Condition 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.
14
GOVERNING LAW
These
Terms and Conditions 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.
12
DISCLAIMERS AND LIMITATION OF LIABILITY
12.1
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.
12.2
To the extent permitted by law, Advanced Services Online Ltd. will not be liable for any indirect
or consequential loss or damage whatsoever
(including without limitation loss of
business, opportunity, data, profits)
arising out of or in connection with the
use of the Website/Services.