IMPORTANT LEGAL
NOTICE
ATTENTION: This legal
notice applies to the entire contents of this website under
the domain name “www.cherrytreemachines.co.uk”
(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. This notice
is issued by Cherry Tree Machines Ltd (Company).
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.
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provisions of this legal notice may be superseded by expressly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
2.1 You 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 and other intellectual property rights in all
material on this Website (including without limitation photographs
and graphical images and technical information) 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.
2.4 Any rights not expressly
granted in these terms are reserved.
3. Service 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.
4. 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.
5. 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 obtaining written
consent and such consent will only be forthcoming 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 do not remove, distort
or otherwise alter the size or appearance of the Cherry Tree
logo;
(b) you do not create a
frame or any other browser or border environment around this
Website;
(c) you do not in any way
imply that the Company is endorsing any products or services
other than its own;
(d) you do not misrepresent
your relationship with the Company nor present any other false
information about the Company;
(e) you do not otherwise
use any Cherry Tree Machines Ltd trade marks displayed on
this Website without express written permission from the Company;
(f) you do not link from
a website that is not owned by you; and
(g) your website does not
contain content that 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 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
or any of its group companies for breach of paragraph 5.2.
6. 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.
7. 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.
8. Liability
8.1 The Company, any other
party (whether or not involved in creating, producing, maintaining
or delivering this Website), and any of the Company’s
group companies and the officers, directors, employees, 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 tort (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 (as such term is defined by the Unfair
Contract
Terms Act 1977); or
(b) fraud; or
(c) misrepresentation as
to a fundamental matter; or
(d) any liability which
cannot be excluded or limited under applicable law.
8.3 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.
9. 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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