This agreement applies as between you, the
User of this Web Site and Agent57, the owner
of this Web Site. Your agreement to comply
with and be bound by these terms and
conditions is deemed to occur upon your first
use of the Web Site. If you do not agree to
be bound by these terms and conditions, you
should stop using the Web Site immediately.
1.
Definitions and Interpretation
In
this Agreement the following terms shall have
the following meanings:
“Content”
means any text, graphics, images, audio,
video, software, data compilations and any
other form of information capable of being
stored in a computer that appears on or forms
part of this Web Site.
“Agent57”
means Agent57 Limited
“Service”
means collectively any online facilities,
tools, services or information that Agent57
makes available through the Web Site either
now or in the future;
“System”
means any online communications
infrastructure that Agent57 makes available
through the Web Site either now or in the
future. This includes, but is not limited to,
web-based email, message boards, live chat
facilities and email
links;
“User”
/ “Users”
means any third party that accesses the Web
Site and is not employed by Agent57 and
acting in the course of their employment;
and
“Web
Site”
means the website that you are currently
using (www.dev.agent57.com) and any
sub-domains of this site (e.g.
subdomain.www.dev.agent57.com) unless
expressly excluded by their own terms and
conditions.
2. Intellectual Property
1.
Subject to the exceptions in Clause 3 of
these Terms and Conditions, all Content
included on the Web Site, unless uploaded by
Users, including, but not limited to, text,
graphics, logos, icons, images, sound clips,
video clips, data compilations, page layout,
underlying code and software is the property
of Agent57, our affiliates or other relevant
third parties. By continuing to use the Web
Site you acknowledge that such material is
protected by applicable United Kingdom and
International intellectual property and other
laws.
2. Subject to Clause 4 you may not reproduce,
copy, distribute, store or in any other
fashion re-use material from the Web Site
unless otherwise indicated on the Web Site or
unless given express written permission to do
so by Agent57.
3.
Third Party Intellectual
Property
1.
Unless otherwise expressly indicated, all
Intellectual Property rights including, but
not limited to, Copyright and Trademarks, in
product images and descriptions belong to the
manufacturers or distributors of such
products as may be applicable.
2. Subject to Clause 4 or you may not
reproduce, copy, distribute, store or in any
other fashion re-use such material unless
otherwise indicated on the Web Site or unless
given express written permission to do so by
the relevant manufacturer or supplier.
4.
Fair Use of Intellectual
Property
Material
from the Web Site may be re-used without
written permission where any of the
exceptions detailed in Chapter III of the
Copyright Designs and Patents Act 1988 apply.
5.
Links to Other Web Sites
This
Web Site may contain links to other sites.
Unless expressly stated, these sites are not
under the control of Agent57 or that of our
affiliates. We assume no responsibility for
the content of such web sites and disclaim
liability for any and all forms of loss or
damage arising out of the use of them. The
inclusion of a link to another site on this
Web Site does not imply any endorsement of
the sites themselves or of those in control
of them.
6.
Links to this Web Site
Those
wishing to place a link to this Web Site on
other sites may do so only to the home page
of the site
www.dev.agent57.com
without prior permission. Deep linking (i.e.
links to specific pages within the site)
requires the express permission of Agent57.
To find out more please contact us by email
at
webmaster@dev.agent57.com.
7.
Use of Communications
Facilities
1.
When using the enquiry form or any other
System on the Web Site you should do so in
accordance with the following rules:
I - You must not use obscene or vulgar
language;
II - You must not submit Content that is
unlawful or otherwise objectionable. This
includes, but is not limited to, Content that
is abusive, threatening, harassing,
defamatory, ageist, sexist or racist;
III - You must not submit Content that is
intended to promote or incite violence;
IV - It is advised that submissions are made
using the English language as we may be
unable to respond to enquiries submitted in
any other languages;
V - The means by which you identify yourself
must not violate these terms of use or any
applicable laws;
VI - You must not impersonate other people,
particularly employees and representatives of
Agent57
or our affiliates; and
VII - You must not use our System for
unauthorised mass-communication such as
“spam” or “junk mail”.
2.
You acknowledge that Agent57 reserves the
right to monitor any and all communications
made to us or using our System.
3. In order to use the enquiry form and any
other communication facility that may be
added in the future on this Web Site,
you are required to submit certain personal
details. By
continuing to use this Web Site you represent
and warrant that:
I Any information you submit is accurate and
truthful; and
II You will keep this information accurate
and up-to-date.
8.
Privacy
Use
of the Web Site is also governed by
our
Privacy
Policy
which is incorporated into these terms and
conditions by this reference. To view the
Privacy Policy, please click on the link
above.
9.
Disclaimers
I
- Agent57 makes no warranty or representation
that the Web Site will meet your
requirements, that it will be of satisfactory
quality, that it will be fit for a particular
purpose, that it will not infringe the rights
of third parties, that it will be compatible
with all systems, that it will be secure and
that all information provided will be
accurate. We make no guarantee of any
specific results from the use of our
Services.
II - No part of this Web Site is intended to
constitute advice and the Content of this Web
Site should not be relied upon when making
any decisions or taking any action of any
kind.
III - No part of this Web Site is intended to
constitute a contractual offer capable of
acceptance. No goods and / or services are
sold through this Web Site and product and /
or service details are provided for
information purposes only
IV - Whilst every effort has been made to
ensure that all graphical representations of
products and / or descriptions of services
available from Agent57 correspond to the
actual products and / or services, Agent57 is
not responsible for any variations from these
descriptions.
V - Agent57 does not represent or warrant
that such products and / or services will be
available from us or our Premises. For this
reason, please contact us prior to visiting
if you wish to enquire as to the availability
of any products and / or services. Any such
enquiry does not give rise to any express or
implied warranty that the products and / or
services forming the subject matter of your
enquiry will be available upon your arrival
at our Premises.
VI - All pricing information on the Web Site
is correct at the time of going online.
Agent57 reserves the right to change prices
and alter or remove any special offers from
time to time and as necessary.
10.
Availability of the Web
Site
The
Service is provided “as is” and on an “as
available” basis. We give no warranty that
the Service will be free of defects and / or
faults. To the maximum extent permitted by
the law we provide no warranties (express or
implied) of fitness for a particular purpose,
accuracy of information, compatibility and
satisfactory quality.
Agent57 accepts no liability for any
disruption or non-availability of the Web
Site resulting from external causes
including, but not limited to, ISP equipment
failure, host equipment failure,
communications network failure, power
failure, natural events, acts of war or legal
restrictions and censorship.
11.
Limitation of Liability
I
- To the maximum extent permitted by law,
Agent57 accepts no liability for any direct
or indirect loss or damage, foreseeable or
otherwise, including any indirect,
consequential, special or exemplary damages
arising from the use of the Web Site or any
information contained therein. Users should
be aware that they use the Web Site and its
Content at their own risk.
II - Nothing in these terms and conditions
excludes or restricts Agent57’s liability for
death or personal injury resulting from any
negligence or fraud on the part of Agent57.
III - Whilst every effort has been made to
ensure that these terms and conditions adhere
strictly with the relevant provisions of the
Unfair Contract Terms Act 1977, in the event
that any of these terms are found to be
unlawful, invalid or otherwise unenforceable,
that term is to be deemed severed from these
terms and conditions and shall not affect the
validity and enforceability of the remaining
terms and conditions. This term shall apply
only within jurisdictions where a particular
term is illegal.
12.
No Waiver
In
the event that any party to these Terms and
Conditions fails to exercise any right or
remedy contained herein, this shall not be
construed as a waiver of that right or
remedy.
13.
Previous Terms and
Conditions
In
the event of any conflict between these Terms
and Conditions and any prior versions
thereof, the provisions of these Terms and
Conditions shall prevail unless it is
expressly stated otherwise.
14.
Notices
All
notices / communications shall be given to us
by email to
webmaster@dev.agent57.com.
Such notice will be deemed received the day
of sending if the email is received in full
on a business day and on the next business
day if the email is sent on a weekend or
public holiday.
15.
Law and Jurisdiction
These
terms and conditions and the relationship
between you and Agent57 shall be governed by
and construed in accordance with the Law of
England and Wales and Agent57 and you agree
to submit to the exclusive jurisdiction of
the Courts of England and Wales.