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This Website is operated by aquavis.co.uk, 73 Pondcroft
Rd, Knebworth,
Hertfordshire SG3 6DE ("Aquavis"). Your use of the Aquavis website
("Website") is governed by these Terms of Use ("Terms").
By accessing and/
or using the Website, you accept these Terms. If you do not intend to be
bound by these Terms, please do not access and/ or use the Website.
1. Copyright Licence/ Trademarks
1.1 All Website content is protected by copyright of Aquavis or other
owner.
1.2 Subject to this clause 1 and the other obligations upon you contained
in these Terms, Aquavis grants and you accept a non-exclusive,
non-transferable licence to access and use the Website for the purpose of
your own personal use and/ or your own internal business purposes.
1.3 You agree to fully indemnify and to hold Aquavis indemnified from
and against any claim brought by a third party resulting from your use of
the Website and in respect of all losses, costs, actions, claims, expenses
or liabilities whatsoever suffered or incurred directly by Aquavis in
consequence of any breach or non-observance of these Terms.
1.4 The trademarks, logos, and service marks ("Marks") displayed on
this
Website are the property of Aquavis or other third parties. You are not
permitted to use the Marks without the prior written consent of Aquavis
or such third party which may own the Marks. Trademarks of Aquavis
include but are not limited to [insert details].
1.5 Aquavis reserves the right to revoke your licence to use this
Website at any time, and any such use shall be discontinued immediately
upon written notice from Aquavis.
2. Restrictions Upon Copying
2.1 You may copy Website content to a local hard
disk and print extracts
of Website content for your own personal use and/ or your own internal
business purposes (as appropriate).
2.2 The supply of any copy of Website content to a third party is not
permitted and you agree that you will not supply any Website content
to
any third party.
2.3 Copying of Website content is permitted only in accordance with these
Terms. You may not otherwise copy, reproduce, distribute, edit or amend
Website content or otherwise incorporate Website content into any other
publication or work in any form of media. Any request to copy Website
content outside the scope of the licence granted in these Terms should
be
emailed to Copying Aquavis reserves its right to refuse to grant any
such request.
3. Information Service Provision
3.1 Aquavis reserves the right at its discretion to refuse at any time
without notice to:
3.1.1 Accept any registration; or
3.1.2 Provide access to the Website.
3.2 The Website is intended normally to be available [24 hours a day
and 7
days a week]. Aquavis will not be liable for any failure to achieve this
level of availability.
3.3 The Website may be suspended temporarily and without notice in
circumstances of system failure, maintenance or repair and for other
reasons beyond the control of Aquavis.
3.4 You agree that Aquavis may, in its sole discretion, at any time
terminate your access to the Website and any account(s) you may have
in
connection with the Website.
4. Obligations and Restrictions
4.1 You will operate, at your own expense, a terminal or personal computer
system, modem, telephone access and communication software and any other
facilities required for accessing the Website. Aquavis will not be
liable for any loss or damage howsoever arising resulting from any acts
or
omissions of you or of any service provider or other person through whom
you may access the Website.
4.2 Aquavis will make all reasonable attempts to exclude viruses (and
similar destructive devices) from the Website but cannot guarantee the
exclusion of viruses (and similar destructive devices) and you should,
therefore, take appropriate steps in respect of this risk.
4.3 You will keep confidential any password(s) or username(s) allocated
to
you and agree not to disclose any such password(s) or username(s) to
any
third party. You are fully responsible for all activities that occur
under
your password(s). You agree to notify Aquavis immediately of any
unauthorised use of your password(s).
4.4 Your use of and activities upon the Website must not:
4.4.1 be false, inaccurate or misleading;
4.4.2 be offensive or menacing, abusive or defamatory;
4.4.3 infringe any third party's copyright, patent, trademark, trade
secret or other proprietary rights or rights of publicity or privacy;
4.4.4 be fraudulent;
4.4.5 be in breach of any applicable laws or regulations, licences or
third party rights;
4.4.6 be obscene, indecent or contain child pornography;
4.4.7 constitute unsolicited bulk e-mail, "junk mail," "spam" or
chain
letters;
4.4.8 cause Aquavis to lose (in whole or in part) the services of any
partner, internet service provider or other supplier;
4.4.9 interfere in any way with the proper working of the Website and
in
particular you must not circumvent security, tamper with, hack into or
disrupt the operation of the Website or surreptitiously intercept, access
without authority or expropriate any system, data or personal information
as defined in the Data Protection Act 1998;
4.4.10 cause the Website to be interrupted, damaged, rendered less
efficient or such that the effectiveness or functionality of the Website
is in any way impaired.
4.5 You shall not distribute or otherwise publish any content containing
a
solicitation of funds, promotion, advertising, solicitation for goods
or
services, or other commercial matter.
4.6 You agree not to solicit other users of the Website to use or join
or
become members of any commercial online or offline service or other
organisation.
4.7 Except where expressly authorised by Aquavis, you agree not to
collect or store personal data about other users.
5. Updating Website Information
5.1 Website information (including without limitation Terms of Supply,
these Terms and the Aquavis Data Protection Statement) may be updated
at
any time and you are required to read the current information each time
you access the Website.
6. Disclaimer
6.1 Website information is provided for general information purposes
only
and does not constitute bespoke advice that is suitable for any individual
or organisation. Although the information is considered to be accurate
at
the time of publication, and is reviewed periodically, you are responsible
for checking the accuracy of information before taking or refraining
from
any action based upon it.
6.2 Aquavis makes no warranties, representations or undertakings about
any Website content (including, without limitation, as to its quality,
accuracy, completeness or fitness for any particular purpose) or any
content of any other website linked to it.
6.3 In no event shall Aquavis or its suppliers or partners be liable
for
any direct, indirect, special, incidental or consequential damages
including, without limitation, loss profits or revenues, costs of
replacement goods, loss or damage to data arising out of the use or
inability to use this Website or any Aquavis services, damages resulting
from use of or reliance on the information presented on this Website,
whether based on warranty, contract, tort or any other legal grounds
even
if Aquavis or its suppliers have been advised of the possibility of such
damages.
7. Linking
7.1 No links to this Website may be used without Aquavis’s written
permission. If you wish to provide a link to the Website please email
your
request to AddMe with full details.
7.2 Aquavis reserves all rights in respect of links including without
limitation the right to determine the size and positioning of the link
and
that any link is to the Website homepage.
7.3 Links from the Website are provided for your convenience only and
do
not represent Aquavis’s endorsement of or affiliation with the
linked
Website. You access any such links entirely at your risk.
8. Limitation of Offer
8.1 Aquavis makes no offer to supply any goods and/ or services through
the Website.
8.2 Any request for goods or services made by you is subject to express
acceptance by Aquavis in accordance with applicable terms.
9. Email
9.1 As email is insecure, Aquavis does not warrant, guarantee or
undertake that any message sent to or from you will be secure or will
not
be intercepted and read.
10. Data Protection
10.1 Information provided to Aquavis is used in accordance with
applicable data protection legislation and the Aquavis's Data Protection
Statement.
11. Monitoring
11.1 Aquavis, its affiliates and agents are entitled, but not obliged,
to review or retain your communications while you are visiting the
Website. Aquavis may monitor your communications to evaluate the quality
of service you receive, the security of the service, or for other reasons.
You agree that Aquavis's monitoring activities will not entitle you to
any cause of action or other right with respect to the manner in which
Aquavis monitors your communications. In no event will Aquavis be
liable for any costs, damages, expenses or any other liabilities incurred
by you as a result of Aquavis's monitoring activities.
12. Entire Agreement
12.1 These Terms:
12.1.1 represent the whole agreement and understanding between Aquavis
and you in respect of the matters referred to herein; and
12.1.2 shall, except in the case of fraud, override and no reliance shall
be placed upon any other verbal or written representations, warranties
or
understandings in respect of the subject matter of these Terms.
12.2 The remedies available to you are exclusively those available under
these Terms.
12.3 You acknowledge that by using the Website you have expressly agreed
the provisions of this clause 12.
13. General
13.1 Aquavis reserves the right to vary these Terms from time to time
and you accept the varied Terms if you continue to use the Website
after
variation.
13.2 If any provision of these Terms is held to be void or unenforceable
in whole or in part, the Terms shall continue to be valid as to all other
provisions and the remainder of the affected provision.
13.3 The Website services are provided from England, irrespective of
your
location.
13.4 None of the provisions of these Terms are intended to or will operate
to confer any benefit pursuant to the Contracts (Rights of Third Parties)
Act 1999 on a person who is not a user of this Website.
14. Applicable Law
14.1 These Terms shall be governed by and construed in accordance with
English law and each party to these Terms submits to the exclusive
jurisdiction of the English courts.
15. Enquiries
15.1 For general enquiries or if you experience problems with the Website
or have any comments please email WebMaster or contact Aquavis.co.uk,
73 Pondcroft Rd, Knebworth Herts. SG3 6DE.
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