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Terms of Use

Introduction

  • Welcome to our website (“the Site”) which is operated by Eight Eights Ltd whose registered office is at Rumwell Hall, Rumwell, Taunton, Somerset TA4 1EL (“We” “Us” “Our”).
  • These are the rules for using the site. We want you to have a good experience on the site and if you have any questions please do contact a member of our helpdesk who will be happy to help.
  • These terms and conditions (“the Terms”) apply to the use of the Site and shall be read in conjunction with the Privacy Policy and any other incidental agreements listed on the Site which you may be required to agree to from time to time (“Supplemental Agreements”) and shall together form the agreement between you and us (“the Agreement”).
  • It is important that you read and understand these Terms before using the Site. By accessing or using the Site you agree to be legally bound by these Terms, as they may be modified from time to time. If you do not agree to these terms and conditions, please do not use the Site.
  • We reserve the right to change these Terms

Our Services

  • We provide users with the opportunity to browse the Site.
  • Changes of Service

  • We reserve the right to improve, amend, or suspend the service provided on the Site at any time without notice.
  • General Conduct

    • We grant you a limited licence to access and make use of the Site, but not to modify it, or any part of it, or otherwise exploit it for any commercial purpose except for those specific purposes set out in this agreement or otherwise with our express written consent.
    • You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) belonging to or controlled by us without our express written consent provided it is for personal use only.
    • You must not use the Site in any way that causes, or is likely to cause, the Site or access to it to be interrupted, damaged or impaired in any way. You understand that you are responsible for all electronic communications and content sent from your computer to us and you must use the Site for lawful purposes only.
    • You must not use the Site for any fraudulent purposes, or in connection with a criminal offence or other unlawful activity, to send, use or reuse any content or material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing or that will infringe copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties, or objectionable, or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any “spam” – to cause annoyance, inconvenience or needless anxiety.
    • You must not use the Site in any way which may disrupt the online service or cause problems for other users and Eight Eights staff, which may be detrimental to Eight Eights business and or generally use the Site in any way which in our reasonable opinion is inconsistent with the spirit of the Agreement.

    Information and Content Provided by You

  • Any information and content posted, uploaded, or otherwise sent by any means by you to the Site shall be legal, decent, honest and truthful, shall not infringe any third party’s rights, shall not be obscene, blasphemous or defamatory and shall not contain any viruses or other malicious computer programming routines. Without limiting the above, all information you provide shall be accurate and complete.
  • You agree that you will not publish your contact information or any other information or data in the publicly-accessible parts of the Site. You agree that you will not publish the contact information or the information of any other person in the publicly-accessible parts of the Site (whether or not such persons are users of the Site) or elsewhere, or communicate such information to any other person whether in electronic or any other format.
  • Any information provided by you to us will be used by us in accordance with the Data Protection Act 1998 and is subject to out privacy policy.
  • You waive all moral rights you have in any content and information provided by you to the fullest extent permitted by law.
  • Copyright and Other Intellectual Property Controlled by us

  • All content and all compilation of content included on the Site, including but not limited to text, graphics, logos, icons, photographs and images, audio clips, digital files, data compilations and software, is our property or is licensed by us and is protected by copyright, database and trade mark right laws in England and internationally.
  • You may download, extract and/or re-utilise parts of the contents of the Site subject to these terms.
  • For the avoidance of doubt you may not utilise any data mining, robots or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of the Site without our express written consent. You may not create and/or publish your own database that features substantial parts of the Website without our express written consent. You will indemnify us against any loss, damages, costs, expenses (including reasonably legal fees) or other claims arising from any breach of the above warranties you commit.
  • Links

  • We have no control over the content of third party sites and cannot guarantee the reliability of any links to third party sites nor can we provide any guarantees or accept any liability in respect of the content on such third party sites.
  • You may create hyperlinks to the Site without our prior written consent. All such permitted hyperlinks must make it clear that the hyperlink is to our Site and that it is in no way affiliated to any third party.
  • Privacy Policy

    We take privacy issues seriously and have done all we can to protect your personal information. Our current Privacy Policy covers our use of any information you provide. In using our Site you acknowledge and agree to be bound by the terms of our Privacy Policy.

    Compliance with Laws

    You agree to comply with all applicable laws, statutes and regulations concerning your use of the Site and the purchase of goods through the Site.

    Disclaimer/liability

  • We accept no liability for any failure to maintain the Site. We shall not be liable to you by reason of any representation (unless fraudulent) and all warranties, conditions or other terms, implied by law are excluded to the fullest extent permissible. We shall not be liable for any loss of goodwill or reputation, profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by our negligence, servants or agents or otherwise) which arise out of or in connection with the provision of the Material.
  • Your acceptance of these Terms also acts as a general release of Eight Eights Limited and any of its subsidiaries (and all of their officers, directors, agents and employees) from any liability for any claims, loss, and damages (both direct and indirect, including loss of profits, goodwill and business opportunity) arising out of or in any way connected to your use of the Site.
  • Notwithstanding the foregoing, nothing in this Agreement is intended to limit any rights you might have under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
  • Indemnity

    You will indemnify us against any loss, damages, costs, expenses (include reasonable legal fees) or other claims arising from any breach by you of any of the warranties and any other terms of the Agreement.

    Access to the Site

    We will do everything we can to ensure that availability of the Site will be uninterrupted and that transmissions will be error-free. However, this cannot be guaranteed. The Site may be occasionally suspended or restricted to allow for repairs, maintenance or the introduction of a new facility or service. We will attempt to limit the frequency and duration of any such interruption.

    Confidential Information

    We and you shall endeavour to prevent the disclosure, publication or dissemination of the other’s confidential information and shall not use, reproduce, distribute, disclose or otherwise disseminate such confidential information except in connection with the performance of obligations under these Terms. We refer you to our privacy policy

    Electronic Communication

    When you visit the Site or send emails to us, you are communicating with us electronically. We communicate with you by email or by posting notices on the Site. For contractual purposes, you consent to receiving communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

    Events Beyond Our Reasonable Control

    We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause that is beyond our reasonable control.

    Translation

    These Terms are drawn up in the English language. If these Terms are translated into another language, the English language text shall in any event prevail.

    Law and Jurisdiction

    This Agreement (and any dispute, controversy, proceedings or claim of whatever nature in relation to them) shall be governed and interpreted in accordance with English law and the English courts shall have exclusive jurisdiction in relation thereto.

    Invalidity

    If any part of the terms of this Agreement is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

    Entire agreement

    This Agreement contains the entire agreement between us relating to the subject matter covered and supersedes any previous agreements, arrangements, undertakings or proposals, written or oral, between us in relation to such matters or any statements made to you by any person, including (without limitation) any of our employees or agents. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

    Assignment

    We shall be entitled to assign, transfer or sub-contract or in any way make over the benefit or burden of the Agreement to a third party.

    Third Party Rights

    No third party shall be deemed under the Agreement to have enforceable rights by virtue of the Contracts (Rights of Third Parties Act) 1999.

    Nature of Agreement

    This Agreement shall not constitute a partnership, agency or joint venture between the parties.

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