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Terms
of Use of Website "The Code"
This
Code regulates your use of commskit.co.uk (the "Website").
1.
By accessing or using this Website you agree to be bound by
the terms and conditions set out below. Please read them carefully
and contact our customer services department if you have any
further questions.
2. The Website is owned and managed by Commskit Limited
whose registered office is at The Old Orchard, Croft Lane,
Dodleston, Chester, Cheshire CH4 9NF …..] (the "Website Owner").
3.
The Website allows users (the "Users") to post information
about items they wish to sell and enables Users to purchase
such items (the "Services").
4.
Any information, data, graphic, picture, statement, advertisement
or content contained on, distributed through or linked, downloaded
or accessed from any of the Services on the Website (collectively
"the Material") is protected by copyright belonging to the
Website Owner (also referred to herein as "us/we/our").
5.
Our copyright must remain on all reproductions of Material
from this Website.
6. The Website Owner may at any time in its sole discretion
without prior notice and without giving any reason for doing
so :
6.1. cease to provide the Services altogether;
6.2. add to or change the Services;
6.3. refuse to provide the Services to the User
7.
Responsibilities of Users. Each User and any Material posted
on the Website by Users or provided by Users to us for posting
on the Website ("User Material") must comply with the following
basic standards:
7.1. You may download, store and use the Material for
your own personal use and research or that of your firm or
company. You may not republish, retransmit, redistribute or
otherwise make the Material available to any other party or
make the same available on any website, on-line service or
bulletin board of your own or of any other party or make the
same available in hard copy or on any other media without
our express prior written consent.
7.2.
You may not post any Material which:
7.2.1. is in any way illegal, pornographic, defamatory,
offensive, misleading, or in breach of our or any third party's
intellectual property rights;
7.2.2. contains any virus, Trojan Horse, worm, time
bomb, cancelbot or other computer programming routine or device
which is intended to damage, interfere with, intercept or
expropriate any system, data, or personal information.
7.3.
Data protection and legislation within the English law must
be adhered to in order that the collection of personal information
is not traded or disclosed illegally.
7.4.
All other applicable trading standards and rules and regulations
as the same are created from time to time must be complied
with.
7.5.
Each User is solely responsible for the accuracy, legality,
currency and compliance of its own User Material and will
be solely liable for false, misleading, inaccurate, infringing
or other actionable Material contained or referred to therein.
7.6.
Where Users collaborate with one another as a result of
use of this Website they do so as independent contracting
parties. Users acknowledge that the Website owner will not
in any way be construed as a party to such collaboration nor
be liable nor responsible in any way for the dealings of such
collaboration or the parties to such collaboration.
8. Indemnity and Waiver
8.1.
Each User agrees to indemnify and keep indemnified the
Website Owner, its successors and assigns, and each of its
respective directors, officers, employees and agents from
and against any and all liability, damages, losses, claims
(including reasonable legal fees) resulting in any way from
its use of and from any User Material posted on this Website
or from any other matter relating to it's participation herein
including, but not limited to, the use of the Material contained
on the Website or any information arising from any introduction
or collaboration resulting therefrom or otherwise arising
from using the Website.
8.2.
Each User waives any right to bring any claim or action against
the Website Owner for any loss, damage or injury arising from
use of the Website or any Material from the Website or from
this Code.
9.
Exclusion of Warranties and Liability
9.1. Save as set out in the Sellers' Terms or Customers' Terms:
9.1.1. The Website Owner does not warrant the content accuracy
or veracity of any Material, User Material or other information
on the Website, the responsibility for which rests with each
of the Users.
9.1.2.
Each User accepts the Website "AS IS" with any faults or failings
and without any representation, warranty or guarantee whatsoever,
express or implied, including, without limitation, any implied
warranty or accuracy, completeness, quality, merchantability,
fitness for a particular purpose or non infringement.
9.1.3.
Nothing on this Website constitutes advice, nor does the transmission,
downloading or sending of any information or other Material
create any contractual relationship.
9.1.4.
No Material or User Material constitutes any part of an offer
or a contract with any User
9.1.5. All statements and details contained in the User Material
are made without responsibility on the part of the Website
Owner.
9.1.6.
None of the statements contained in any User Material is to
be relied upon as a statement or representation of fact.
9.1.7.
Any intending purchaser must satisfy himself by inspection
or otherwise as to the correctness of each of the statements
contained in any User Material.
9.1.8.
Neither the Website Owner nor any person in its employment
has any authority to make or give any representation or warranty.
9.1.9.
In no event will the Website Owner be liable for any injury,
loss, claim, damages or any special, incidental, consequential,
exemplary or punitive damages of any kind arising out of or
in connection with any User's access to, or use of the Website,
any Material thereon, whether based in contract or tort, and
whether negligent or otherwise, even if the Website Owner
has been advised on the possibility of such damages. In the
event that this exclusion of liability is held by a competent
jurisdiction to be unlawful, but that liability may be lawfully
limited, the Website Owner's aggregate total liability to
any User for all such damages and losses shall be limited
to £50.00 or the insurance cover affected by the Website Owner
and available to meet the claim whichever is the lower.
10.
Payment
10.1. The Services are provided free of charge, but the User
is responsible for any applicable taxes and for any costs
incurred by the User in accessing or using the Website or
the Services
11.
General
11.1. The Code contains the entire agreement between the parties
with respect to the subject matter hereof, supersedes all
previous agreements and understandings between the parties
with respect thereto, and may not be modified by anyone other
than the Website Owner.
11.2.
If any provision of this Code is held by any competent authority
to be void or unenforceable in whole or in part this Code
shall continue to be valid as to the other provisions thereof
and the remainder of the affected provision.
11.3. No failure or delay by the Website Owner in exercising
any of its rights under this Agreement shall be deemed to
be a waiver of that right, and no waiver by Website Owner
of any breach of this Code by the User shall be considered
as a waiver of any subsequent breach of the same or any other
provision.
11.4.
The Code shall be governed by the laws of England and Wales
and disputes from it shall be subject to the exclusive jurisdiction
of the English Courts.
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