BACKGROUND:
This agreement applies as between you, the User of this Web Site and
Global Optimum Limited, the owner(s) of this Web Site. Your
agreement to comply with and be bound by these terms and conditions
is deemed to occur upon your first use of the Web Site. If you do not
agree to be bound by these terms and conditions, you should stop
using the Web Site immediately.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following
meanings:
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“Content”
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means any text, graphics, images, audio, video, software, data
compilations and any other form of information capable of being
stored in a computer that appears on or forms part of this Web
Site;
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“Merchant”
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One of a number of third parties offering products through this
Web Site;
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“GOL”
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means Global Optimum Limited of 1, Homechurch, Baylham, Ipswich IP6 8RF UK;
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“Service”
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means collectively any online facilities, tools, services or
information that GOL makes available through the Web Site either
now or in the future;
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“System”
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means any online communications infrastructure that GOL makes
available through the Web Site either now or in the future. This
includes, but is not limited to, web-based email, message boards,
live chat facilities and email links;
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“User” / “Users”
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means any third party that accesses the Web Site and is not
employed by GOL and acting in the course of their employment; and
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“Web Site”
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means the website that you are currently using (any12.com) and
any sub-domains of this site (e.g. subdomain.any12.com) unless
expressly excluded by their own terms and conditions.
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2. Intellectual Property
2.1. All Content included on the Web Site, unless uploaded by Users,
including, but not limited to, text, graphics, logos, icons,
images, sound clips, video clips, data compilations, page layout,
underlying code and software is the property of GOL, or our
affiliates. By continuing to use the Web Site you acknowledge
that such material is protected by applicable United Kingdom and
International intellectual property and other laws.
2.2. You may not print, reproduce, copy, distribute, store or in any
other fashion re-use Content from the Web Site for unless given
express written permission to do so by GOL. You
will not use the Content of the Web Site for commercial purposes.
3. Third Party Intellectual Property
Where expressly indicated, certain Content and the Intellectual
Property Rights subsisting therein belongs to other parties. This
Content, unless expressly stated to be so, is not covered by any
permission granted by Clause 2 of these Terms and Conditions to use
Content from the Web Site. The exceptions in Clause 4 continue to
apply. Any such Content will be accompanied by a notice providing
the contact details of the owner and any separate use policy that may
be relevant.
4. Fair Use of Intellectual Property
Material from the Web Site may be re-used without written permission
where any of the exceptions detailed in Chapter III of the Copyright
Designs and Patents Act 1988 apply.
5. Links to Other Web Sites
This Web Site may contain links to other sites. Unless expressly
stated, these sites are not under the control of GOL or that of our
affiliates. We assume no responsibility for the content of such web
sites and disclaim liability for any and all forms of loss or damage
arising out of the use of them. The inclusion of a link to another
site on this Web Site does not imply any endorsement of the sites
themselves or of those in control of them
6. Links to this Web Site
Those wishing to place a link to this Web Site on other sites may do
so only to the home page of the site any12.com
without prior permission. Deep linking (i.e. links to specific pages
within the site) requires the express permission of GOL. To find out
more please contact us by email at info@any12.com
7. Privacy
Use of the Web Site is also governed by our privacy.aspx
which is incorporated into these terms and conditions by this
reference. To view the Privacy Policy, please click on the link
above
8. Disclaimers
8.1. GOL makes no warranty or representation that the Web Site will
meet your requirements, that it will be of satisfactory quality,
that it will be fit for a particular purpose, that it will not
infringe the rights of third parties, that it will be compatible
with all systems, or that it will be secure.
8.2. Whilst every reasonable endeavour has been made to ensure that all
information provided on this Web Site will be accurate and up to
date, GOL makes no warranty or representation that this is the
case. We make no guarantee of any specific results from the use
of our services. Any pricing information on this site is indicative only. For up to date and accurate pricing, please visit the Merchant's website directly.
8.3. No part of this Web Site is intended to constitute advice and the
Content of this Web Site should not be relied upon when making any
decisions or taking any action of any kind.
8.4. The information on this Web Site is not designed with commercial
purposes in mind. Commercial use of the Content of this Web Site
is forbidden under Clause 2.2.1 of these Terms and Conditions.
Any such use constitutes a breach of these Terms and Conditions
and GOL makes no representation or warranty that this Content is
suitable for use in commercial situations or that it constitutes
accurate data and / or advice on which business decisions can be
based.
8.5. Whilst every effort has been made to ensure that all descriptions
of services available from GOL correspond to the actual services
available, GOL is not responsible for any variations from these
descriptions.
8.6. If you wish to buy the listed product you have selected, you
should visit the website of the Merchant of your choice. When you
use the services offered by a Merchant, and in particular, when
you visit their website via a link from the Web Site to buy a
particular product from it, you are bound by their terms of use.
We are neither acting as agent for such Merchants nor selling,
reselling nor licensing listed products. We will not be party to
any transaction or contract with any Merchant that you may enter
into for the purchase of listed products and we have no liability
in respect of listed products. You agree that you will contact the
Merchant or seller of the products directly in relation to
questions, complaints or disputes you have in respect of any
products and you will not involve us in any dispute between you
and any third party
8.6. We may also introduce you to certain partners and the services
they offer, notably in the form of integrated services such as
classified advertisements. We may also display promotional links
on the website; these are also known as sponsored links,
advertising messages or promotional offers, which you may find
yourself prompted to view while using the Website
8.7. This Web Site and its Content are not intended to be accessed or
used by anyone under the age of 18. By accessing the Web Site
and/or using the Content, you represent and warrant that you are
at least 18 years old. It you are not at least 18 years old, you
may not access the Web Site or use the Content. We have the right
to block or terminate your access to the Web Site or Content in
the event that it becomes aware that you are under the age of 18.
9. Availability of the Web Site
The Service is provided “as is” and on an “as
available” basis. We give no warranty that the Service will be
free of defects and / or faults. To the maximum extent permitted by
the law we provide no warranties (express or implied) of fitness for
a particular purpose, accuracy of information, compatibility and
satisfactory quality.
GOL accepts no liability for any disruption or non-availability of
the Web Site resulting from external causes including, but not
limited to, ISP equipment failure, host equipment failure,
communications network failure, power failure, natural events, acts
of war or legal restrictions and censorship.
10. Limitation of Liability
10.1. To the maximum extent permitted by law, GOL accepts no liability
for any direct or indirect loss or damage, foreseeable or
otherwise, including any indirect, consequential, special or
exemplary damages arising from the use of the Web Site or any
information contained therein. Users should be aware that they use
the Web Site and its Content at their own risk.
10.2. Nothing in these terms and conditions excludes or restricts GOL’s
liability for death or personal injury resulting from any
negligence or fraud on the part of GOL.
10.3. Whilst every effort has been made to ensure that these terms and
conditions adhere strictly with the relevant provisions of the
Unfair Contract Terms Act 1977, in the event that any of these
terms are found to be unlawful, invalid or otherwise
unenforceable, that term is to be deemed severed from these terms
and conditions and shall not affect the validity and
enforceability of the remaining terms and conditions. This term
shall apply only within jurisdictions where a particular term is
illegal.
11. Law and Jurisdiction
These terms and conditions and the relationship between you and GOL
shall be governed by and construed in accordance with the Law of
England and Wales and GOL and you agree to submit to the exclusive
jurisdiction of the Courts of England and Wales.