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ATTENTION: This legal notice applies to the entire
contents of this website under the domain name WWW.ACP-ONLINE.CO.UK (the "
Website " ) and to any correspondence by e-mail between us and you. Please
read these terms carefully before using this Website. Using this Website
indicates that you accept these terms regardless of whether or not you choose
to register with us. If you do not accept these terms, do not use this Website. 1.
Introduction 1.1 You
may access most areas of this Website without registering your details with us.
Certain areas of this Website are only open to you if you register, or if you
are An "Effecitive Credit control " franchisee. 1.2 By
accessing any part of this Website, you shall be deemed to have accepted this
legal notice in full. If you do not accept this legal notice in full, you must
leave this Website immediately. 1.3 The
Company may revise this legal notice at any time by updating this posting. You
should check this Website from time to time to review the then current legal
notice, because it is binding on you. Certain provisions of this legal notice
may be superseded by expressly designated legal notices or terms located on
particular pages at this Website. 2 Licence
2.1You
are permitted to print and download extracts from this Website for your own use
on the following basis: (a) no
documents or related graphics on this Website are modified in any way (b) no
graphics on this Website are used separately from accompanying text; and (c) the
Company's copyright and trade mark notices and this permission notice appear in
all copies. 2.2
Unless otherwise stated, the copyright, all trade mark rights and all other
intellectual property rights in all material on this Website (including without
limitation photographs and graphical images) are owned by the Company or its
licensors. For the purposes of this legal notice, any use of extracts from this
Website other than in accordance with paragraph 2.1 above for any purpose is
prohibited. If you breach any of the terms in this legal notice, your
permission to use this Website automatically terminates and you must
immediately destroy any downloaded or printed extracts from this Website. 2.3
Subject to paragraph 2.1, no part of this Website may be reproduced or stored
in any other website or included in any public or private electronic retrieval
system or service without the Company's prior written permission. • Any rights not expressly granted in these
terms are reserved. 3Service
access 3.1 While
the Company endeavours to ensure that this Website is normally available 24
hours a day, the Company shall not be liable if for any reason this Website is
unavailable at any time or for any period. 3.2
Access to this Website may be suspended temporarily and without notice in the
case of system failure, maintenance or repair or for reasons beyond the
Company's control. Visitor
material and conduct 4.1 Other
than personally identifiable information, which is covered under the Privacy
Policy, any material you transmit or post to this Website shall be considered
non-confidential and non-proprietary. The Company shall have no obligations
with respect to such material. The Company and its designees shall be free to
copy, disclose, distribute, incorporate and otherwise use such material and all
data, images, sounds, text and other things embodied therein for any and all
commercial or non-commercial purposes. 4.2 You
are prohibited from posting or transmitting to or from this Website any
material: a) that
is threatening, defamatory, obscene, indecent, seditious, offensive,
pornographic, abusive, liable to incite racial hatred, discriminatory,
menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in
breach of privacy or which may cause annoyance or inconvenience; or b) for
which you have not obtained all necessary licences and/or approvals; or c) which
constitutes or encourages conduct that would be considered a criminal offence,
give rise to civil liability, or otherwise be contrary to the law of or
infringe the rights of any third party, in the UK or any other country in the
world; or d) which
is technically harmful (including, without limitation, computer viruses, logic
bombs, Trojan horses, worms, harmful components, corrupted data or other
malicious software or harmful data). 4.3 You
may not misuse the Website (including, without limitation, by hacking). 4.4 The
Company shall fully co-operate with any law enforcement authorities or court
order requesting or directing the Company to disclose the identity or locate
anyone posting any material in breach of paragraph 4.2 or paragraph 4.3. Links to
and from other websites 5.1)
Links to third party websites on this Website are provided solely for your
convenience. If you use these links, you leave this Website. The Company has
not reviewed all of these third party websites and does not control and is not
responsible for these websites or their content or availability. The Company
therefore does not endorse or make any representations about them, or any
material found there, or any results that may be obtained from using them. If
you decide to access any of the third party websites linked to this Website,
you do so entirely at your own risk. 5.2 If
you would like to link to this Website, you may only do so on the basis that
you link to, but do not replicate, the home page of this Website, and subject
to the following conditions: a) you
obtain our express prior consent; b) you do
not remove, distort or otherwise alter the size or appearance of any of the
Smart Cartridge logos and trade marks; c) you do
not create a frame or any other browser or border environment around this
Website; d) you do
not in any way imply that the Company is endorsing any products or services
other than its own; e) you do
not misrepresent your relationship with the Company nor present any other false
information about the Company; f) you do
not otherwise use any Smart Cartridge trade marks displayed on this Website
without express written permission from the Company; g) you do
not link from a website that is not owned by you; and h) your
website does not contain content that in our reasonable opinion is distasteful,
offensive or controversial, infringes any intellectual property rights or other
rights of any other person or otherwise does not comply with all applicable
laws and regulations. 5.3 The
Company expressly reserves the right to revoke the right granted in paragraph
5.2 for breach of these terms or otherwise and to take any action it deems
appropriate. 5.4 You
shall fully indemnify the Company for any loss or damage suffered by the
Company, Think Smart Enterprises Limited or any of its group companies for
breach of paragraph 5.2. Registration 6.1 Each
registration is for a single user only. The Company does not permit you to
share your user name and password with any other person nor with multiple users
on a network. 6.2
Responsibility for the security of any passwords issued rests with you. Disclaimer 7.1 While
the Company endeavours to ensure that the information on this Website is
correct, the Company does not warrant the accuracy and completeness of the
material on this Website. The Company may make changes to the material on this
Website, or to the products and prices described in it, at any time without
notice. The material on this Website may be out of date, and the Company makes
no commitment to update such material. 7.2 The
material on this Website is provided "as is", without any conditions,
warranties or other terms of any kind. Accordingly, to the maximum extent
permitted by law, the Company provides you with this Website on the basis that
the Company excludes all representations, warranties, conditions and other
terms (including, without limitation, the conditions implied by law of
satisfactory quality, fitness for purpose and the use of reasonable care and
skill) which but for this legal notice might have effect in relation to this
Website. Liability 8.1 The
Company, any other party (whether or not involved in creating, producing,
maintaining or delivering this Website),
The Company's officers, directors, employees, master licensors,
shareholders or agents of any of them, exclude all liability and responsibility
for any amount or kind of loss or damage that may result to you or a third
party (including without limitation, any direct, indirect, punitive or
consequential loss or damages, or any loss of income, profits, goodwill, data,
contracts, use of money, or loss or damages arising from or connected in any
way to business interruption, and whether in delict (including without limitation negligence), contract or otherwise)
in connection with this Website in any way or in connection with the use,
inability to use or the results of use of this Website, any websites linked to
this Website or the material on such websites, including but not limited to
loss or damage due to viruses that may infect your computer equipment,
software, data or other property on account of your access to, use of, or
browsing this Website or your downloading of any material from this Website or
any websites linked to this Website. 8.2
Nothing in this legal notice shall exclude or limit the Company's liability
for: a)death
or personal injury caused by negligence
or b) fraud;
or c)
misrepresentation as to a fundamental matter; or d) any
liability which cannot be excluded or limited under applicable law. e) If
your use of material on this Website results in the need for servicing, repair
or correction of equipment, software or data, you assume all costs thereof. f)
Governing law and jurisdiction This
legal notice shall be governed by and construed in accordance with English law.
Disputes arising in connection with this legal notice shall be subject to the
exclusive jurisdiction of the English courts. |
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