| Terms & Conditions:
1. These User Terms 1.2 Please read these User Terms carefully. They are a legal document and, by your continued use of the Web Site, you agree to be bound by these User Terms. In particular, you agree that you have read and understood the following Clauses: • Clause 6 - Your Responsibilities 1.3 If you do not agree with these User Terms and do not wish to be bound by them, please exit the Web Site and do not use the Web Site in the future. 2. Licence to Use Material on Web Site 2.2 You are entitled to access, download and transmit (for the purposes expressly permitted in these User Terms) and store the CHC Material for your own personal, non-commercial use provided that you do not: • remove any notices relating to the ownership of copyright or other Intellectual Property Rights (as defined in Clause 3.1 below) in the CHC Material; 3. Ownership of Intellectual Property Rights 3.2 You agree that any material (including any Intellectual Property Rights in such material), including but not limited to material sent via chat services, feedback, bulletin boards or articles or any other material submitted for publication on the Web Site or in using any of the Web Site Services (‘User Generated Content’) may be retained as the property of CHC. CHC shall have no obligations with regard to the User Generated Content to monitor the User Generated Content to ensure that it complies with applicable laws or regulations. You remain solely responsible for the User Generated Content in accordance with Clause 6. 4. Duration of User Terms and Termination • you breach any of the terms of the licence granted to you in accordance with Clause 2; 4.2 In the event that these User Terms are terminated for any of the reasons stated above you agree to comply with the following obligations: • the licence granted to you in accordance with Clause 2 shall be terminated forthwith and you shall have no further rights to use the CHC Material; 5. CHC’s Responsibilities 5.2 CHC makes no representation or warranty that the Web Site or services offered via the Web Site will be accessible, or useable by you or error free. 5.3 CHC takes no liability for any failure or interruption of the Web Site or any inability to access or use the Web Site or any features, products or services on the Web Site. 5.4 CHC reserves the right, without notice to you, to remove any CHC Material from the Web Site or to suspend or alter the operation of the Web Site or any Web Site Services, at its sole discretion or for legal or technical reasons. 6. Your Responsibilities 6.2 You agree that you are responsible for the security and use of any user names or passwords needed to access or use the Web Site or any Web Site Services. You must take all reasonable steps to ensure that these user names and passwords are kept confidential and secure and you do not allow any unauthorised person to access the Web Site or any of the Web Site Services using your user name or password. You take full responsibility for all information and instructions transmitted through the Web Site using your user name and/ or password. All such information will be considered sent and authorised by you. 6.3 You agree that you will not use the Web Site or any of the Web Site Services as follows: • to send, receive, upload, download, store, use, distribute or publish any material that is offensive, abusive, indecent, defamatory, obscene, or in breach of any other person’s Intellectual Property Rights or breaches any obligation of confidentiality by which you are bound; 6.4 You agree to indemnify CHC against any claims, costs, expenses or legal proceedings caused as a result of your use of the Web Site or Web Site Services in contravention of Clauses 6.1, 6.2 and 6.3, further in these circumstances, CHC shall be entitled to treat the contravention as a material breach of these User Terms and terminate the User Terms and any access permission granted to you by CHC forthwith, without notice to you. 7. Consent to Use Your Personal Information 7.2 For the purposes of the Act, you further agree that CHC or an CHC Contractor involved in the provision of the Web Site Services, may send your personal data outside of the European Economic Area for processing. 7.3 You may revoke the consents given above in Clauses 7.1 and 7.2 by giving notice to CHC in accordance with Clause 9.1, but in those circumstances you must exit the Web Site and will have no further rights to access the Web Site or use the Web Site Services. For more information about the purposes for which CHC may use your personal information and your rights under the Act, please read CHC’s privacy policy displayed on this Web Site. 8. Limitation of Liability 8.2 To the extent that CHC is deemed by a court of competent jurisdiction to have any liability to you in contract, tort (including negligence) or otherwise in relation to this Web Site or the Web Site Services, CHC's entire liability shall be limited to £750 for any one incident or series of related incidents and up to £1,500 for all incidents in any period of 12 months. 8.3 CHC shall not be liable to you in contract, tort, negligence (other than fraudulent or negligent misrepresentations) or otherwise for: • any economic loss, (including without limitation, loss of revenue, business, contracts, profits or anticipated savings); 8.4 The express terms of these User Terms are in lieu of all warranties, conditions, undertakings, terms, and obligations implied by statute, common law, usage, course of dealing or otherwise, all of which are excluded to the fullest extent permitted by law. 8.5 The Web Site may contain links to third party web sites which are controlled and operated by parties other than CHC. The links will let you leave the Web Site and CHC is not responsible for any contents of any linked site or any link contained in a linked site. The inclusion of any link on the Web Site does not imply endorsement by CHC of the linked site. If you decide to access linked third party web sites, you do so at your own risk. 9. Notices 9.2 CHC may send you notice by general notice on this Web Site, by email to your email address on record with CHC, or by post to the geographical address on record with CHC. Such notice will be effective if sent by email or posted on the Web Site, one day from the date it was sent or posted on the Web Site. If sent by regular post, it will be effective three days after posting by CHC. 10.2 These User Terms form the entire agreement between you and CHC and supersede any other oral or written communications, agreements or representations with respect to your use of this Web Site and Web Site Services. 10.3 CHC reserves the right to add to or change the terms of these User Terms in its sole discretion without prior notice to you. All changes to the User Terms will be effective once posted on the Web Site. CHC will provide as much notice as possible prior to making any changes to the User Terms on the Web Site, but prior notice may not always be feasible for a variety of reasons. Your continued use of the Web Site or the Web Site Services following CHC's posting of such changes will be regarded by CHC as acceptance of the amended User Terms. If you do not agree to be bound by the amended User Terms you should exit the Web Site and not access or use the Web Site in the future. 10.4 Nothing in these User Terms affects your statutory rights as a consumer. 10.5 If any part of these User Terms are held by a court of competent jurisdiction to be unenforceable, the validity of the remainder of these User Terms will not be affected. 10.6 You acknowledge that CHC has entered into these User Terms for its own benefit and for the benefit of each CHC Group Company (as defined in Clause 11.1 above) and these User Terms are intended to be enforceable by each CHC Group Company by virtue of the Contracts (Rights of Third Parties) Act 1999. 10.7 Subject to Clause 10.6, a person who is not a party to these User Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these User Terms but this does not affect any right or remedy of a third party which exists or is available apart from that Act. 10.8 If CHC or any CHC Contractor is unable to perform any obligation under these User Terms because of a matter beyond its reasonable control, including (but not limited to) fire, flood, explosion, war, civil disorder, industrial disputes (whether or not involving its employees), or other disasters or governmental laws and regulations imposed after the fact, or events beyond the reasonable control of CHC or the CHC Contractors, neither CHC nor any CHC Contractor will have any liability for that failure to perform. 10.9 Your use of the Internet is solely at your risk and subject to all applicable laws, and CHC has no responsibility for any information, software, services or other materials accessed or obtained by you using the Internet. 10.10 Unless otherwise specified on this Web Site, the CHC Materials available on this Web Site are directed solely at those who access the Web Site from the United Kingdom. CHC makes no representation that any CHC Material is appropriate for use elsewhere, or available in any other locations. Those who choose to access this Web Site and the Web Site Services from any other location are solely responsible for compliance with local laws and regulations if, and to the extent, that they are applicable. 10.11 These User Terms are governed by the laws of England, and subject to the non-exclusive jurisdiction of the English Courts. © Chalk Hill Contemporary Ltd. 2007. All rights reserved. |
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