IMPORTANT :
Please read these Terms and Conditions carefully. They cover the
use and supply of Services at www.nurserysearch.co.uk (“the
Website”). Your access to and use of the Website and the Services
described herein, as a member or as a visitor is subject exclusively
to the terms, conditions and disclaimers contained in this notice.
Stop using the Website immediately if you do not accept these Terms and Conditions. You will not use the Website for any purpose that
is unlawful or prohibited by these Terms and Conditions.
1.
DEFINTIONS
“we”, “us” and “our” means
Nurserysearch Limited;
“you”, “your” means the
user of the Website;
“the Website” means www.nurserysearch.co.uk ;
“content” means
the information and material available at the Website;
“Services” means
facilities available at the Website.
2. ACCEPTABLE USE
2.1 By using the Website and
Services you agree not to:
2.1.1 send junk email, spam, or any other unsolicited
messages, commercial or otherwise to our users;
2.1.2 use any information or material in any
manner that infringes any copyright, trademark, patent or other
proprietary rights of any party;
2.1.3 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;
2.1.4 collect or store personal information
about others, including email addresses;
2.1.5 violate any applicable laws or regulations;
2.1.6 use the Website and 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;
2.1.7 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);
2.1.8 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.
2.2 Nurserysearch Limited shall
be entitled to review materials posted to a communications facility
and, at its sole discretion, to remove any material that breaches
these Terms and Conditions or is otherwise objectionable.
3. COPYRIGHT
You acknowledge that all copyright, trademarks and all other intellectual
property rights in the content shall remain vested in us or our
licensors. Other product and company names mentioned herein may
be the trademarks of their respective owners.
3.2 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,
extracted and/or re-utilised in whole or in part, 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.
3.3 You may not use our name, trade marks or logo in any manner
without our prior written consent.
3.4 Nurserysearch Limited does not claim ownership
of any materials you post, upload or submit to any publicly accessible
area of the Website. However, by doing so you are granting Nurserysearch
Limited 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 on the Website. The licence shall be terminated when such
content is deleted from the Website.
4. WEBSITE CHANGES
Nurserysearch Limited reserves the right to:
4.1 change or remove (temporarily or permanently) the Website
or any part of it without notice and you confirm that Nurserysearch
Limited shall not be liable to you for any such change or removal;
4.2 update or amend these Terms and Conditions
at any time and your continued use of the Website and the 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.
5. TERMINATION
Nurserysearch Limited reserves 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. Nurserysearch Limited may also at any
time, at its sole discretion, discontinue the Website and/or Services
or any part thereof without prior notice and you agree that Nurserysearch
Limited shall not be liable to you or any third party for any termination
of your access to the Website and/or /Services.
6. INDEMNITY
You agree to indemnify and hold Nurserysearch Limited and its
employees and agents harmless from and against any breach by you
of these Terms and Conditions and any claim or demand brought against
Nurserysearch Limited 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 Nurserysearch Limited in consequence of your breach
of these Terms and Conditions.
7. DISCLAIMERS AND LIMITATION OF LIABILITY
7.1 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.
7.2 To the extent permitted by law, Nurserysearch Limited 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.
7.3 Nurserysearch Limited makes no warranty that the Website/Services
will meet your requirements, that the 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 that may be harmful or destructive.
7.4 Nothing in these Terms and Conditions shall be construed so
as to exclude or limit the liability of Nurserysearch Limited for
death or personal injury as a result of the negligence of Nurserysearch
Limited or that of its employees or agents.
7.5 Nothing in these Terms and Conditions shall affect your statutory
rights as a consumer.
8. ADVICE
The contents of the Website do not constitute advice and should
not be relied upon in making or refraining from making any decisions.
9. LINKS TO THIRD PARTY WEBSITES
The Website/Services may include links to third party Websites which are controlled and maintained by others. Any such links are
not an endorsement of such Websites and you acknowledge and agree
that Nurserysearch Limited is not responsible for the content or
availability of any such sites.
10. 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
the Services. You are responsible for maintaining the confidentiality
of the username and password and also for all activities that take
place under your account. You agree to immediately notify Nurserysearch
Limited of any unauthorised use of your password or account or
any other breach of security. In no event will Nurserysearch Limited
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.
11. 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.
12. GOVERNING LAW
These Terms and Conditions shall be governed by and construed
in accordance with the laws of England and Wales and you hereby
submit to the exclusive jurisdiction of the courts of England and
Wales in the event of a dispute.
