IMPORTANT LEGAL NOTICE
THIS LEGAL NOTICE APPLIES TO THE ENTIRE CONTENTS OF THE USERCLIX WEBSITE UNDER THE WWW.USERCLIX.COM DOMAIN (“WEBSITE” OR “USERCLIX WEBSITE”) AND TO ANY CORRESPONDENCE BY EMAIL BETWEEN USERCLIX AND YOU. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE USERCLIX WEBSITE. USING THE USERCLIX WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THE USERCLIX WEBSITE. THIS NOTICE IS ISSUED BY USERCLIX LIMITED (“USERCLIX”).
1. By browsing and/or using the UserClix website, you agree to the following terms in their entirety. If you do not accept this legal notice in full, you must leave the UserClix website immediately.
2. ‘UserClix’ and any other UserClix product or service name referred to on the UserClix website are trademarks of UserClix Limited.
3. UserClix, its affiliates, independent content providers and third parties provide content (information, communications, images and/or sounds contained on or available through the UserClix website). The contents of the UserClix website are copyright © UserClix Limited or its affiliates, independent content providers or third parties. All rights reserved. The contents of the UserClix website cannot be reproduced, modified, transferred, distributed, republished, downloaded, posted or transmitted in any form or by any means including but not limited to electronic, mechanical photocopying or recording without the prior written permission from UserClix. You agree that the material and content contained within or provided by the UserClix website is for your own personal use and may not be used for commercial purposes or distributed commercially.
4. You will be able to access the UserClix website free of charge without registering your details with UserClix.
5. In certain cases, UserClix may not be able to provide the goods and services or carry out some of its other duties under contract, because of something that is beyond UserClix’s reasonable control. This could include war, act of terrorism, widespread goods, fuel or power shortages, fire, flood, severe weather, other natural disasters, equipment failure or an accident that is not UserClix’s fault. If this happens then UserClix will not be responsible for so long as the effects of the event continue for any failure to provide the goods and services. UserClix will continue to try to provide the goods and services as soon as possible despite nay such events.
6. You may have other rights granted to you by law in addition to those set out in these terms and conditions, which UserClix may not exclude. These terms and conditions do not affect those other rights granted by law. If you wish to obtain further information about your rights, you should speak to your local Citizen’s Advice Bureau or Trading Standards Office.
7. UserClix may revise this legal notice at any time by updating this posting. You are advised to check the UserClix website from time to time to review the 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 the UserClix website.
8. The Terms & Conditions of Sale displayed when you make your purchase will also govern all orders and purchases made on the UserClix website.
9. You must be over eighteen years of age to make an order or purchase through the website.
THESE TERMS AND CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS.
10. While UserClix will use its reasonable endeavours to maintain the UserClix website in a fully operating condition, it will not be liable if for any reason the UserClix website is unavailable at any time or for any period. UserClix is not responsible for the results of any defects that exist in the UserClix website.
11. UserClix will not be liable for any loss, liability, damage or expense of whatever kind arising, whether wholly or partly and whether directly or indirectly, in consequence of the use of, or any reliance placed upon, such information by the visitor or other person.
12. UserClix accepts no liability for any inaccuracies or omissions in the UserClix website or for any other information obtained directly or indirectly from the UserClix website.
13. While UserClix endeavours to ensure that the information on the UserClix website is correct, it does not warrant the accuracy and completeness of the material on the UserClix website.
14. UserClix may suspend or vary the whole or any part of the service offered on the UserClix website for any reason, at any time at our sole discretion.
15. UserClix reserves the right to make changes and corrections to the UserClix website at any time without notice.
16. UserClix will not be liable for any telephone or other costs that may be incurred in connecting to the UserClix website.
17. If your computer does not support relevant technology including but not limited to encryption, you may not be able to use certain services or access certain information on the UserClix website.
18. You are permitted to print and download extracts from the UserClix website for your own use on the following basis:
• no part of the UserClix website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without written permission from UserClix;
- no documents or related graphics on the UserClix website are modified in any way;
- no graphics on the UserClix website are used separately from accompanying text; and
- UserClix’s copyright and trademark notices and this permission notice appear in all copies.
19. Unless otherwise stated, the copyright and other intellectual property rights in all material on the UserClix website (including, without limitation, photographs and graphical images) are owned by UserClix or its licensors. For the purposes of this legal notice, any use of extracts from the UserClix website other than in accordance with paragraph above for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use the UserClix website automatically terminates and you must immediately destroy any downloaded or printed extracts from the UserClix website.
20. You may not mirror any material contained on the UserClix website on any other server without the prior written consent of UserClix. Any unauthorised use of the contents of the UserClix website either under this clause or clause 11 above may be in breach of copyright laws, trademark laws or laws of England and Wales.
LINKS TO OTHER WEBSITES
21. The service is accessed via the World Wide Web that is independent of the UserClix website and UserClix. Your use of the World Wide Web is solely at your own risk and subject to all applicable national and international laws and regulations. UserClix has no responsibility for any information or service obtained by you on the World Wide Web.
22. Any links to third party websites on the UserClix website are provided solely for your convenience. If you use these links, you leave the UserClix website.
LINKS FROM OTHER WEBSITES
23. If you would like to link to the UserClix website, you may only do so on the basis that you link to, but do not replicate, the home page of the UserClix website, and subject to the following conditions:
- you do not remove, distort or otherwise alter the size or appearance of the UserClix logo;
- you do not create a frame or any other browser or border environment around the UserClix website;
- you do not in any way imply that UserClix is endorsing any products or services other than its own;
- you do not misrepresent your relationship with UserClix nor present any other false information;
- you do not otherwise use any trademarks displayed on the UserClix website without express written permission from UserClix;
- you do not link from a website that is not owned by you; and
- 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.
24. UserClix expressly reserves the right to revoke the right granted in paragraph 23.
25. You shall fully compensate any loss or damage suffered by UserClix or any of its affiliates for breach of paragraph 23.
VISITOR MATERIAL AND CONDUCT
26. You agree not to cause, nor knowingly allow others to cause, any nuisance, hindrance or inconvenience, whether to UserClix or any of its customers or users of the UserClix website by any means. You agree not to use the UserClix website to disseminate any material for which you have not obtained all necessary licences and/or approvals, or which is technically harmful. You also agree not to disseminate any material that is defamatory, offensive or obscene or menacing in character, which may in UserClix’s judgement cause nuisance, annoyance, inconvenience to UserClix or others, or which is illegal. You will not use the UserClix website such that you would cause the whole or part of the UserClix website to be interrupted, damaged, rendered less efficient or impaired in any way.
27. You will compensate UserClix for all losses, liabilities, costs and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgement by a court of competent jurisdiction and all settlements sums paid by UserClix as a result of any settlement agreed by UserClix arising out or in connection any breach by you of paragraph 26 including without any claim by any third party.
30. UserClix will fully co-operate with any law enforcement authorities or court order requesting or directing UserClix to disclose the identity or locate anyone in breach of paragraphs.
LIMITATION OF LIABILITY
31. UserClix shall be liable for the death or personal injury arising from its negligence, or if UserClix has deliberately lied to you where that lie caused you to enter into a contract with UserClix.
32. YOUR ATTENTION IS PARTICULARLY DRAWN TO SECTIONS 32A, 32B AND 32C.
1. UserClix shall not be liable for any loss (except for those set out in clause 31 above) which were not reasonably foreseeable at the time of entering into a contract with UserClix (whether or not caused by UserClix’s negligence).
2. For the liability not covered by 31 above, UserClix will not be responsible for any loss that could not have been expected to occur in advance of the loss of occurring, or any loss of any opportunity by you (including an opportunity for you or someone else to make, save or use money).
3. For all UserClix’s liability not covered by 31 above, you accept that UserClix’s maximum financial responsibility to you will be the price of the goods and services even if the actual loss you suffer is more than that.
4. The price of the goods and services has been calculated on the basis that UserClix will exclude or limit its liability as set out in the contract. If you want UserClix to take on more liability, then please let us know and UserClix will let you have a revised price.
33. The material on the UserClix website is provided ‘as is’, without any condition, warranty or other terms of any kind. Accordingly, to the maximum extent permitted by law, UserClix provides you with the UserClix website on the basis that UserClix 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) that but for this legal notice might have effect in relation to the UserClix website.
34. UserClix reserve the right to vary the terms of this contract from time to time, such variations becoming effective immediately upon posting of the varied Legal Statement on the UserClix website. By continuing to use the UserClix website, you will be deemed to accept such variation.
35. To the fullest extent permitted by law you agree, UserClix shall not be liable to you or a third party for any indirect, special, 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 UserClix website in any way or in connection with the use, inability to use or the results of use of the UserClix website, any websites linked to the UserClix website or the material on such websites.
36. These terms and conditions of sale and the supply of the goods and services will be subject to English law, and the English courts will have exclusive jurisdiction in respect of any dispute arising from the contract.
37. The following information is required by the Electronic Commerce (EC Directive) Regulations 2002.
The UserClix website is owned and is provided by UserClix Limited of 3 Nightingale Place, Pendeford Business Park, Wolverhampton, United Kingdom, WV9 5HF. Company registration number 11463341.