PLEASE READ CAREFULLY BEFORE USING THIS WEBSITE. NOTE IN PARTICULAR THE LIMITATIONS AND EXCLUSIONS OF LIABILITY IN CLAUSE 8. IF THOSE LIMITATIONS AND EXCLUSIONS OF LIABILITY ARE NOT ACCEPTABLE TO YOU, YOU SHOULD NOT USE THIS WEBSITE.
WHERE CAN I LIVE LIMITED WEBSITE TERMS AND CONDITIONS
We advise that you print a copy of the Website Terms for future reference. You can print the Website Terms via our Website.
2. Changes to our Website
2.1 We may update our Website from time to time, and may change the content at any time. However, please note that any of the content on our Website may be out of date at any given time, and we are under no obligation to update it.
2.2 We do not guarantee that our Website, or any content on it, will be free from errors or omissions.
3. Accessing our Website
3.1 Our Website is made available free of charge. We reserve the right to charge for access to the Website, but we will not exercise any such right without providing you with (a) prior notice and/or (b) a revised version of the Website Terms.
3.2 You are responsible for making all arrangements necessary for you to have access to our Website. In order to use the Website you may need to download other third-party software, on the terms specified by those third parties including any amounts payable. We do not accept any liability for third-party software and you are responsible for all associated costs.
3.3 You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of the Website Terms and other applicable terms and conditions, and that they comply with them.
3.4 We may limit the availability of our Website or any service or product described on our Website to any person or geographic area at any time.
3.5 You may:
the above are the Permitted Purposes;
3.6 We reserve all rights other than those expressly granted to you by the Website Terms. In particular, you agree:-
together Licence Restrictions.
3.7 We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. Access to our Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Website without notice for any reason, including maintenance, Updates or the like. We will not be liable to you if for any reason our Website is unavailable at any time or for any period. We do not represent or warrant that the Website:-
3.8 It is your responsibility to:-
3.9 We reserve the right to implement Updates in respect of the Website but are not obliged to do so.
4. Third-party Sites and Third-party Service Providers
4.1 The Website may contain links to and/or other details of other independent third-party websites (Third-party Sites) and/or third party service providers (e.g. lawyers, immigration advisors and the like) (Third-party Service Providers). We may also from time to time provide you with details of Third-party Sites and/or Third-party Service Providers.
4.2 Neither the Third-party Sites nor Third-party Service Providers are under our control, and we are not responsible for and do not endorse their content, products, services, advice or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with and/or use of any Third-party Sites and/or Third-party Service Providers, including the purchase and use of any products, services and/or advice accessible through and/or provided by them. In particular, we are not responsible for and do not give any guarantee, representation or warranty in connection with any products, services and/or advice supplied via a Third-party Site and/or by any Third-party Service Provider, including as to quality, delivery or accuracy. You will be responsible for all amounts payable in connection with any goods or services supplied via Third-party Sites and/or Third-party Service Providers.
4.3 Third-party Sites and Third-party Service Providers may have their own terms and conditions, privacy policies, cookie policies and the like; you will have to accept these if you use Third-party Sites and/or Third-party Service Providers and we are not responsible for them.
5. Acceptable Use Restrictions
5.1 You must not:
together Acceptable Use Restrictions.
5.2 Whenever you make use of a feature that allows you to upload content (including pictures) to, or to make contact with other users of the Website or send messages via the Website, you must comply with the Website Terms in particular clause 5.1. You will be responsible for and must indemnify us against any loss or damage we suffer as a result of your breach of this obligation.
5.3 Any content you post on or upload to the Website (including pictures) or message you send via the Website will be considered non-confidential and non-proprietary. You retain ownership of your rights in your content, but we have the right to (and you grant us a licence to) use, store, copy, distribute and disclose to third parties any content or messages for any purpose. We have the right to remove any of the same that do not comply with the Website Terms.
5.4 We also have the right to disclose your identity to any third party who is claiming that your content or messages constitute a violation of their intellectual property rights or of their right to privacy or are otherwise in breach of the Website Terms. We have the right to remove any of your content or messages from the Website.
5.5 We will not be responsible, or liable to any third party, for the content or accuracy of any of your content or messages or those of any other user of the Website.
5.6 The views expressed by other users on the Website do not represent our views or values.
6. Intellectual Property Rights
6.1 You acknowledge that all intellectual property rights in the Website anywhere in the world belong to us or our licensors and that you have no rights in, or to, the Website other than in accordance with the Website Terms. In this clause intellectual property rights includes but is not limited to all patents, copyrights and related rights (including in design, text, graphics, images and photographs), rights to inventions, rights in trade dress or get-up, goodwill, rights to sue for passing off, unfair competition rights, design rights, trade marks, service marks, trade secrets, know-how, domain names, database rights, rights in computer software, algorithms, code, topography rights, rights in confidential information (including know how and trade secrets) and all other rights in the nature of intellectual property rights (whether registered or unregistered and whether or not capable of registration) and all applications for the same anywhere in the world and all similar and equivalent forms of protection in any part of the world, howsoever and whenever arising.
6.2 You acknowledge that:-
7. Data Protection
7.2 You agree that internet transmissions are never completely private or secure. You understand that any message you send or receive using the Website may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted or confidential.
7.3 By using the Website, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals for services that are internet-based or wireless to improve our products and services and to provide any services to you.
7.4 The Website may from time to time make use of location data sent from the Device. If this function is present, you can turn off this functionality at any time by turning off the location services settings for the Website on the Device. Subject to that, you consent to us and our affiliates' and licensees' transmission, collection, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services. You may withdraw this consent at any time by turning off the location services settings on the Device.
8. Limitation and Exclusion of Liability
8.1 You acknowledge and agree that:-
8.2 We confirm that we have the right to permit you to use the Website in accordance with the Website Terms.
8.3 We will use reasonable efforts to try to prevent viruses being introduced into the Website and/or transmitted from the Website into your Device. However, you must use your own virus protection software. We cannot guarantee that we can stop all viruses. We are not liable if despite our reasonable endeavours (in relation to the Website) to prevent the same any viruses are introduced by you or someone else into the Website and/or infect your Device or other computer equipment.
8.4 We are only responsible for loss or damage you suffer that is a foreseeable result of our breach of clauses 8.2 or 8.3 of the Website Terms or our negligence up to the limit specified in clause 8.5. This is subject to clause 9. In addition, we are not responsible for any other loss or damage or any unforeseeable loss or damage. Loss or damage is foreseeable if it is an obvious consequence of our breach or if they were contemplated by you and us at the time you entered into the Website Terms.
8.5 Our maximum aggregate liability under or in connection with the Website Terms whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to the higher of £500.00 (five hundred pounds GBP) and the amount of any annual subscription fee (or the like) excluding VAT that you may from time to time pay us to use and access the Website. This is subject to clause 9 and does not apply to the types of loss set out in clause 8.6.
8.6 We do not limit or exclude our liability for:
8.7 Apart from the matters in relation to which we do not limit or exclude liability (see clause 8.6), and to the extent permitted by applicable law, we exclude all other warranties, guarantees, undertakings and representations (save those expressly set out in these Website Terms) express and implied by statute or common law with respect to the Website, including as to uninterrupted provision or non-infringement, or that the Website will be timely, secure or error free, free from viruses, or the like or that the Website will meet your requirements.
8.8 Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
9. Events Outside Our Control
9.1 An Event Outside Our Control means any act, event or circumstance beyond our reasonable control including: failure or deficiency of public or private telecommunications networks or utility services, software, hardware or IT failure or error, failure by reason of malicious code, viruses, Trojans, bugs, viruses, worms, logic bombs or other harmful data or material or the like, failure or interruption of power, failure or delay of internet service providers, communication, transmission or information system (including the Internet, local area network or virtual private network), accident, breakdown, fire, lightning, explosion, flood, storm, severe weather, industrial disputes or lockouts, terrorist activity, civil war, terrorist attack, riot, civil commotion, malicious damage, war, default of suppliers or subcontractors, act of God or compliance with the law.
9.2 We shall not be responsible for any delay in performance and/or failure to perform to the extent caused or contributed to by an Event Outside Our Control.
10. Communication Between Us
10.1 We can both communicate and send notices to each other in relation to the Website Terms by any of the following methods (and you expressly consent to the following):-
10.2 We can also communicate and send notices to you via any SMS number you have registered with us and you expressly consent to that.
11. Other Important Terms
11.1 We may assign, transfer or sub-licence our rights and/or obligations under the Website Terms (in whole or in part) to another person. However this will not affect your rights under the Website Terms.
11.2 You cannot assign, transfer or sub-licence your rights and/or obligations under the Website Terms (in whole or in part) to another person.
11.3 If either of us does not insist on performance of the other’s obligations under the Website Terms, or either of us does not enforce or delays enforcement of its rights under the Website Terms that will not mean that either of us of have waived our rights and will not mean that the other does not have to comply with its obligations. A waiver by either of us of a default by the other will only be valid if that waiver is in writing; also that will not mean that either of us automatically waives any later default.
11.4 Each of the terms and conditions of the Website Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable (in whole or in part), the remaining terms and conditions will remain in full force and effect.
11.5 No provision of the Website Terms is enforceable by a third party under the Contracts (Rights of Third Parties) Act 1999, but that does not affect the rights or remedies of any third party apart from under that Act.
11.7 If we use the words for example, including or in particular (or any similar expression) that means that the words following are given by way of example only and do not limit the words preceding those expressions.
11.8 Please note that the Website Terms, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, if you are a resident of Wales you may also bring proceedings in Wales and if you are resident of Scotland, you may also bring proceedings in Scotland. In addition, we are entitled to bring an action in any other court of competent jurisdiction (in addition to any other proceedings we may have taken in any other jurisdictions).
11.9 The English language version of the Website Terms (and all other related documents) will prevail over any other language version issued by us.
12.1 We aim to provide you with an excellent service at all times. If for any reason you are not satisfied with our service then please contact us at [email protected]. We will endeavour to process your complaint within five business days.