ATTENTION: These terms and conditions apply to the entire contents of the Website under the domain name www.touchnetix.com (the “Website”) and to any correspondence by e-mail between us and you via this Website.
Please read these terms carefully before using the Website. Using the Website indicates that you accept these terms regardless of whether or not you register with us. If you do not accept these terms, do not use the Website. These terms and conditions are issued by TouchNetix Ltd, a limited liability company, incorporated in England and Wales with registered number 7378330 and registered office address at 1st Floor, 2 Woodberry Grove,North Finchley, London, N12 0DR (“TouchNetix”, “we”, “us” and “our”). References in these terms to “you”, “your” and “yours” are references to the person(s) accessing the Website.
1.1 You may access most areas of the Website without registering your details with us. Certain areas of the Website may only open to you if you register.
1.2 By accessing any part of the 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 the Website immediately.
1.3 TouchNetix may revise this legal notice at any time by updating this posting. You should check the Website from time to time to review the then
current legal notice, because it is binding on you. Your continued access to or use of the Website will mean that you agree to any changes. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at the Website.
2.1 You are permitted to print and download extracts from the Website for your own use on the following basis:
(a) no documents or related graphics on the Website are modified in any way;
(b) no graphics on the Website are used separately from the corresponding text; and
(c) TouchNetix’ 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 the Website (including without limitation photographs and graphical images) are owned by TouchNetix or its licensors. For the purposes of this legal notice, any use of extracts from the Website other than in accordance with clause 2.1 for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use the Website automatically terminates and you must immediately destroy any downloaded or printed extracts from the Website.
2.3 Subject to clause 2.1, no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without TouchNetix’ prior written permission.
2.4 Any rights not expressly granted in these terms are reserved.
3.1 While TouchNetix endeavours to ensure that the Website is normally available 24 hours a day, TouchNetix shall not be liable if for any reason the Website is unavailable at any time or for any period.
3.2 Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond TouchNetix’ control.
4.2 You are prohibited from posting or transmitting to or from the 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 any 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 TouchNetix shall fully co-operate with any law enforcement authorities or court order requesting or directing TouchNetix to disclose the identity or locate anyone posting any material in breach of clause 4.2 or clause 4.3.
5.1 Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. TouchNetix 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.
TouchNetix 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 the Website, you do so entirely at your own risk.
5.2 If you would like to link to the Website, you may only do so on the basis that you link to, but do not replicate, the home page of the Website, and subject to the following conditions:
(a) you do not remove, distort or otherwise alter the size or appearance of the TouchNetix logo;
(b) you do not create a frame or any other browser or border environment around the Website;
(c) you do not in any way imply that TouchNetix is endorsing any products or services other than its own;
(d) you do not misrepresent your relationship with TouchNetix nor present any other false information about TouchNetix;
(e) you do not otherwise use any TouchNetix’ trade marks displayed on the Website without express written permission from TouchNetix;
(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 TouchNetix expressly reserves the right to revoke the right granted in clause 5.2 for breach of these terms and to take any action it deems appropriate.
5.4 You shall fully indemnify TouchNetix for any loss or damage suffered by TouchNetix for breach of clause 5.2.
6.1 Each registration is for a single user only. TouchNetix does not permit you to share your user name and password (if any provided) with any other person nor with multiple users on a network.
6.2 Responsibility for the security of any passwords issued rests with you.
7.1 We cannot guarantee the security of messages sent over the Internet, which are open to possible interception, loss or alteration. We are not responsible for them and will not be liable to you or anyone else for any damages or otherwise in connection with any message sent by you to TouchNetix or any message sent by TouchNetix to you over the internet.
9.1 While TouchNetix endeavours to ensure that the information on the Website is correct, TouchNetix does not warrant the accuracy and completeness of the material on the Website. TouchNetix may make changes to the material on the Website, or to the services, products and/or prices described in it, at any time without notice. The material on the Website may be out of date, and TouchNetix makes no commitment to update such material.
9.2 The material on the Website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, TouchNetix provides you with the Website on the basis that TouchNetix 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 the Website.
10.1 TouchNetix, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any of TouchNetix’ officers, directors, members, employees, or agents, 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 the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites or the Website, 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 the Website or your downloading of any material from the Website or any websites linked to the Website.
10.2 Nothing in this legal notice shall exclude or limit TouchNetix’s liability for:
(a) death or personal injury caused by negligence; or
(b) fraud; or
(c) any liability which cannot be excluded or limited under applicable law.
10.3 If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
11.1 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.
Issue Date: April 2015