Website Terms of Use
(1) Introduction
These
terms of use govern your use of our website; by using our website,
you accept these terms of use in full. If you disagree with these terms of use or any part of these terms
of use, you must not use our website.
If you register with our website
we will ask you to expressly agree to these terms of use.
(2) Licence to use website
Unless otherwise stated, we or our
licensors own the intellectual property rights in the website and
material on the website. Subject to the licence below, all these
intellectual property rights are reserved.
You
may view, download for caching purposes only, and print pages [or
[other content]]3
from the website for your own personal use, subject to the
restrictions set out below and elsewhere in these terms of use.
You must not:
- republish material from this website (including republication on another
website);
- sell, rent or sub-license material from the website;
- show any material from the website in public;
- reproduce, duplicate, copy or otherwise exploit
material on our website for a commercial purpose;
- redistribute material from this website except for
content specifically and expressly made available for redistribution
[(such as our newsletter)].
Where content is specifically made available for redistribution, it may
only be redistributed within
your organisation.
(3) Acceptable use
You must not use our website in
any way that causes, or may cause, damage to the website or
impairment of the availability or accessibility of the website; or in
any way which is unlawful, illegal, fraudulent or harmful, or in
connection with any unlawful, illegal, fraudulent or harmful purpose
or activity.
You must not use our website to
copy, store, host, transmit, send, use, publish or distribute any
material which consists of (or is linked to) any spyware, computer
virus, Trojan horse, worm, keystroke logger, rootkit or other
malicious computer software.
You must not conduct any
systematic or automated data collection activities (including without
limitation scraping, data mining, data extraction and data
harvesting) on or in relation to our website without our express
written consent.
(4) Products
The advertising of products on our
website constitutes an “invitation to treat” - not a contractual
offer.
Prices stated on our website may
be stated incorrectly.
The
purchase of products via our website will be subject to our terms of sale
We will ask you to agree to our
terms of sale each time you purchase a product or products via our
website.
(5) Product reviews
In these terms of use, “your
reviews” means material including without limitation [text,
images, audio material, video material and audio-visual material] that you submit to us for publication on our website whether as a
product review or otherwise.
You grant to us a worldwide,
irrevocable, non-exclusive, royalty-free licence to use, reproduce,
adapt, publish, translate and distribute your reviews in any existing
or future media. You also grant to us the right to sub-license these
rights, and the right to bring an action for infringement of these
rights.
You warrant and represent that your reviews will comply with these terms of use.
Your reviews must not be illegal
or unlawful, must not infringe any third party's legal rights, and
must not be capable of giving rise to legal action whether against
you or us or a third party (in each case under any applicable law and
in any jurisdiction).
Your reviews (and their publication on our website) must not:
- be libellous or maliciously false;
- be obscene or indecent;
- infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
- infringe any right of confidence, right of privacy, or right under data protection legislation;
- constitute negligent advice or contain any negligent statement;
- constitute an incitement to commit a crime;
- be in contempt of any court, or in breach of any court order;
- be in breach of racial or religious hatred or discrimination legislation;
- be blasphemous;
- be in breach of official secrets legislation;
- be in breach of any contractual obligation owed to any person;
- depict violence in an explicit, graphic or gratuitous manner];
- be pornographic [or sexually explicit];
- be untrue, false, inaccurate or misleading;
- consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
- constitute spam;
- be offensive, deceptive, threatening, abusive, harassing, or menacing, hateful, discriminatory or inflammatory; or
- cause annoyance, inconvenience or needless anxiety to any person.
Your reviews must be appropriate,
civil, tasteful and accord with generally accepted standards of
etiquette and behaviour on the internet.
You must not use any review to
link to any website or web page consisting of or containing material
that would, were it posted on our website, breach the provisions of
these terms of use.
You must not submit any reviews to
the website that are or have ever been the subject of any threatened
or actual legal proceedings or other similar complaint.
We reserve the right to edit or
remove any reviews submitted to our website, or stored on our
servers, or hosted or published upon our website.
Notwithstanding
our rights under these terms of use in relation to your reviews, we
do not undertake to monitor the submission of reviews to, or the
publication of reviews on, our website.
(6) Limited warranties
Whilst we endeavour to ensure that
the information on this website is correct, we do not warrant its
completeness or accuracy; nor do we commit to ensuring that the
website remains available or that the material on the website is kept
up-to-date.
To the maximum extent permitted by
applicable law we exclude all representations, warranties and
conditions relating to this website and the use of this website
(including, without limitation, any warranties implied by law of
satisfactory quality, fitness for purpose and/or the use of
reasonable care and skill).
(7) Limitations
and exclusions of liability
Nothing
in these terms of use will:
(a) limit or exclude our or
your liability for death or personal injury resulting from
negligence; (b) limit or exclude our or your liability for fraud or
fraudulent misrepresentation; (c)
limit any of our or your liabilities in any way that is not permitted
under applicable law; or (d) exclude any of our or your liabilities
that may not be excluded under applicable law. If you are a
consumer, any statutory rights that you have, that cannot be excluded
or limited, will not be affected by these terms of use.
The
limitations and exclusions of liability set out in this Section and
elsewhere in these terms of use: (a) are subject to the preceding
paragraph; and (b) govern all liabilities arising under the terms of
use or in relation to the subject matter of the terms of use,
including liabilities arising in contract, in tort (including
negligence) and for breach of statutory duty.
To
the extent that the website and the information and services on the
website are provided free-of-charge, we will not be liable for any
loss or damage of any nature.
We
will not be liable to you in respect of any losses arising out of any
event or events beyond our reasonable control.
We
will not be liable to you in respect of any business losses,
including (without limitation) loss of or damage to profits, income,
revenue, use, production, anticipated savings, business, contracts,
commercial opportunities or goodwill.
We
will not be liable to you in respect of any loss or corruption of any
data, database or software.
We
will not be liable to you in respect of any special, indirect or
consequential loss or damage.
(8) Indemnity
You
hereby indemnify us and undertake to keep us indemnified against any
losses, damages, costs, liabilities and expenses (including without
limitation legal expenses and any amounts paid by us to a third party
in settlement of a claim or dispute on the advice of our legal
advisers) incurred or suffered by us arising out of any breach by you
of any provision of these terms of use, or arising out of any claim
that you have breached any provision of these terms of use.
(9) Breaches of these terms of
use
Without
prejudice to our other rights under these terms of use, if you breach
these terms of use in any way, or
if we reasonably suspect that you have breached these terms of use in
any way, we may:
- (a) send you one or more formal warnings;
- (b) temporarily suspend your access to the website;
- (c) permanently prohibit you from accessing the website;
- (d) block computers using your IP address from accessing the website;
- (e) contact your internet services provider and request that they block your access to the website;
- (f) bring court proceedings against you for breach of contract or otherwise; and/or
- (g) suspend and/or delete your account with the website.
(10) Variation
We may revise these terms of use from time-to-time. Revised terms of
use will apply to the use of our website from the date of the
publication of the revised terms of use on our website. Please check
this page regularly to ensure you are familiar with the current
version.
(11) Assignment
We may transfer, sub-contract or otherwise deal with our rights
and/or obligations under these terms of use without notifying you or
obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights
and/or obligations under these terms of use.
(12) Severability
If a provision of these terms of
use is determined by any court or other competent authority to be
unlawful and/or unenforceable, the other provisions will continue in
effect. If any unlawful and/or unenforceable provision would be
lawful or enforceable if part of it were deleted, that part will be
deemed to be deleted, and the rest of the provision will continue in
effect.
(13) Exclusion of third party
rights
These terms of use are for the benefit of you and us, and are not intended
to benefit any third party or be enforceable by any third party. The
exercise of our and your rights in relation to these terms of use is
not subject to the consent of any third party.
(14) Entire agreement
These terms of use, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in
respect of your use of this website.
(15) Law and
jurisdiction
These
terms of use will be governed by and construed in accordance with
English law, and any disputes relating to these terms of use will be subject
to the [non-]exclusive jurisdiction of the courts of England and Wales.
(16) Registrations
Our
VAT number is 755868670
(17)
Our details
The
full name of our company is Choice Cricket Centre.
We
are registered in England & Wales under registration number 4129747
Our registered address is Flamsteadbury
estate, Redbourn, Herts, AL37DJ.
You
can contact us by email to admin@cricketfirstchoice.co.uk.