WEBSITE TERMS AND CONDITIONS
A. The following are the terms and conditions for use of
Netballshoes.co.uk, a division of
acVita Limited (hereinafter referred to as “Netballshoes.co.uk”) website, with domain
name, www.Netballshoes.co.uk ("the website").
B. The website is owned, hosted and maintained by acVita Webmaster.
C. By accessing and using the website, you (“the user”), agree to be legally
bound by the terms and conditions as are set out in this notice. The user is
therefore urged to familiarise his / herself with these terms and conditions
prior to the usage of the website. If the user does not wish to be bound by
these terms and conditions, then he / she may not access, display, use, download
and/or otherwise copy or distribute any of the content of this website.
1. USER PRIVACY
1.1 To ensure acquaintance with and awareness of the privacy measures and
polices of NetballShoes.co.uk, the user acknowledges that he / she has read and
understood the underlying privacy clauses incorporated in these terms and
conditions:
a) the user may visit the website without providing any personal
information.
b) for NetballShoes.co.uk to continually assess the popularity and use
of the website and improve it for the users, the website server will collect
information to measure the number of visits, average time spent at the website,
pages viewed, etc.
c) NetballShoes.co.uk however assumes no obligation to protect
any user’s information, and may copy, distribute or otherwise use such
information without limitation.
2. USER CONDUCT
2.1 The user agrees that the use
of this website will be for lawful purposes only and no modification of the
material or content will be permitted.
2.2 The user agrees that he / she will
not use this website for any unlawful purpose, including but not limited to:
a)
commercial purposes;
b) commission of a criminal offence (including but not
limited to defaming, abusing, harassing, stalking, threatening or otherwise
violating any legal rights of others;
c) transmit unlawful material; including
but not limited to:
• publishing, posting, uploading, distributing or
disseminating any inappropriate, profane, defamatory, infringing, obscene,
indecent or unlawful topic, name, material or information;
• uploading files
that contain software or other material protected by intellectual property laws
(or by rights of privacy of publicity);
2 • uploading files that contain
viruses, corrupted files, or any other similar software or programs that may
damage the operation of another's computer;
• falsify or delete any author
attributions, legal or other proper notices or proprietary designations or
labels of the origin or source of software or other material contained in a file
that is uploaded;
d) gain unauthorised access to other computer systems, with
intention to harvest or otherwise collect information about others, including
e-mail addresses, without their consent; or e) violate any applicable laws or
regulations.
3. UPDATING OF THESE TERMS AND CONDITIONS
3.1 NetballShoes.co.uk
reserves the right to, from time to time and at its own discretion, change,
modify, add to or remove from portions or the whole of the terms and conditions.
Changes to the terms and conditions will become effective upon such changes
being posted to the website. It is thus the user’s obligation to at all times,
check the terms and conditions on the website for changes or updates.
3.2 The
user’s continued use of the website following the posting of changes or updates
will be considered notice of the user’s acceptance to abide by and be bound by
the terms and conditions, including such changes or updates.
4. LIMITATION OF
LIABILITY
4.1 The user agrees to access and use this site entirely at your own
risk and all content on the website is provided “as is” without any warranty or
condition of any kind.
4.2 NetballShoes.co.uk makes no representations or warranties
of any kind, whether express or implied:
a) as to the suitability, reliability,
availability, timeliness and accuracy of content on the website;
b) that the
functions provided by the website will be uninterrupted or error-free, or that
the website or the server is free from viruses or other harmful components.
4.3
While NetballShoes.co.uk will take every effort is made to ensure that the
information provided on the website is current and accurate, the user should not
assume that the information on the website is always current or accurate, and
other sources of this information should be consulted before making any decision
to act on the information displayed on this website and the user acknowledges
that he / she will not hold NetballShoes.co.uk, its parent companies, subsidiaries,
affiliates, directors, employees, officials, suppliers, agents and/or
representatives, under no circumstances and will keep them fully indemnified,
from and against any loss or damage suffered or liability incurred in respect of
any third party, which arises from the user’s use of the website, and such loss
or damage may include but not limited to, liable for any defamatory, offensive
or illegal conduct of other users or third parties.
4.4 The user acknowledges
that he / she will not hold NetballShoes.co.uk, its parent companies, subsidiaries,
affiliates, directors, employees, officials, suppliers, agents and/or
representatives liable for any direct, indirect, punitive, incidental,
consequential damages, or any damages whatsoever arising from the use of this
website regardless of how the damages arise, which damages may include but not
limited to:
a) damages for loss of data or profits, arising out of or in any way
connected with the use or performance of the website, including but not limited
to claim, demand, or damage, injury caused by any failure of performance or
errors, omission, inaccuracy, interpretation, deletion, defect, delay in
accessing material or content of the website, viruses, connection failures,
theft, alteration of use, attorneys' fees, or any other action asserted by any
third party due to or arising out of your use of or conduct on the website;
b)
incompleteness of material or content on the website;
c) errors, omissions or
inaccuracy of material or content on the website;
d) the delay or inability to
use the website or related services;
e) the provision of or failure to provide
services or for any information, software, products, services or related
graphics obtained through the website; or
f) any other damages otherwise arising
out of the use of the website, whether based on contract, tort, negligence,
strict liability or otherwise even if NetballShoes.co.uk has been advised of the
possibility of damages.
5. PROPRIETARY RIGHTS TO CONTENT
5.1 NetballShoes.co.uk
retains copyright in the website and all current and future content that is
displayed on the website which is not owned by third parties.
5.2 The user
acknowledges that content, including but not limited to text, graphics or other
material contained in either sponsor advertisements or electronically
distributed, commercially produced information presented to him / her by the
website is protected by copyrights, trademarks, service marks, patents or other
proprietary rights and laws.
5.3 The user may make a copy of this content for
his / her personal, non-commercial use only, provided that he / she keeps all
copyright and other proprietary notices intact.
5.4 The user may not, for any
commercial purpose without written prior consent of NetballShoes.co.uk, modify,
copy, reproduce, duplicate, republish, resell, upload, post, transmit, or
distribute in any way content available through the website and its associated
web sites.
6. EXTERNAL LINKS
6.1 This website provides links to other websites.
6.2 The fact that we have such links must not be construed as constituting any
relationship or endorsement of the linked third party, and reliance on all
information and content provided by the external links is done so at the user’s
own risk.
6.3 Third party advertising and promotional material is
displayed on the site, and the display of such material should
not be construed as NetballShoes.co.uk’s endorsing or creating any relationship
between NetballShoes.co.uk and that third party. Reliance on any such promotional or
advertising material is entirely at the user’s own risk.
7. LINKING
Any third
party wishing to link the website to their website must obtain permission from
NetballShoes.co.uk by directing such request to the webmaster, using the contact
details in clause 11 below and permission may be granted on terms and conditions
agreed to by NetballShoes.co.uk.
8. AMENDMENTS
NetballShoes.co.uk reserves the right to
make changes and/or terminate access to any part or the entire website and any
related service(s) at any time, with or without cause, with or without notice,
effective immediately, for any reason whatsoever.
9. APPLICABLE LAW
9.1 This
website is owned, operated and hosted within the UK, as
such, these terms and conditions shall be governed by the laws of the UK.
9.2 The user hereby submits and consents to the jurisdiction of
the HM High Court and the court of appeal in England and Wales .
10. ENTIRE AGREEMENT
These
terms and conditions constitute the entire agreement with respect to use of the
website and supersede any and all previous agreements, either verbal or written,
with respect to the use of this website.
11. CONTACT DETAILS
In the event that
the user needs to contact NetballShoes.co.uk for purposes related to these terms and
conditions, the following contact details may be used: Email: Webmaster@acVita.com 12. COPYRIGHT NOTICE
All contents of the website
are: Copyright © NetballShoes.co.uk 2007. Any rights not expressly granted
herein are reserved.