1. The Terms and Conditions
a) Please read these terms and conditions carefully as they apply to your use of this Internet site (“Site”). By using this Site you agree to be bound by these terms and conditions.
b) UK Broadband operates the Site. However, we exercise no editorial control over some other Internet sites you may view or access through the Site.
c) We may revise these terms and conditions from time to time by updating this page. The revised terms will take effect when they are posted.
d) Capitalised terms used in these terms and conditions are defined in section 13 of these terms and conditions.
a) You may be required to register with us in order to access certain parts of the Site (“Sub-Portal”). Where you are required to register:
I. you must provide us with accurate, complete and updated registration information;
II. you must safeguard any username and password which we provide to you; and
III. you authorise us to assume that any person using the Site with your user name and password is either you or authorised to act for you.
b) You acknowledge that your use of some Sub-Portals may be governed by additional terms and conditions. Where this is the case, you will be notified accordingly, and those additional terms and conditions:
I. will apply to your use of such Sub-Portal in addition to these terms and conditions; and
II. will prevail over these terms and conditions to the extent of any inconsistency.
You acknowledge that we may, in our sole discretion and with or without notice,
a) vary the Site or any part of the Site (including any Sub-Portal); and
b) modify or discontinue this Site, any part of the Site (including any Sub-Portal) and the services available on it without notice.
4. Site Content
a) You acknowledge that Content on the Site is subject to copyright and possibly other intellectual property rights (Intellectual Property Rights). Unless you are expressly authorised by law you must not by yourself or permit any other person to:
I. sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any of the Content in any way for any public or commercial purpose without our prior written consent; or
II. use any Content on any other website or in a networked computer environment for any purpose; or
III. reverse engineer any Content consisting of downloadable software; or
IV. otherwise infringe the Intellectual Property Rights of any person in using the Site or any Content.
b) Nothing you do on or in relation to the Site will transfer any Intellectual Property Rights to you or license you to exercise any Intellectual Property Rights unless this is expressly stated.
5. Your Use of the Site
You must not:
a) disrupt or interfere with the Site or servers or other software, hardware or equipment connected to or via the Site (including, without limitation, the introduction of computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data) or misuse the Site (including, without limitation, by hacking);
b) violate any Applicable Law relating to your use of the Site;
c) collect or store personal data about other users of the Site; or
d) post or transmit to or from the Site any material:
– 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
– for which you have not obtained all necessary licences and/or approvals.
UK Broadband shall fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of b) or d) above.
We have not reviewed all of the sites linked to this Site and are not responsible for the content or accuracy of any off-site pages or any other sites linked to this Site (including without limitation sites linked through advertisements or through any search engines).
7. Personal Data and Cookies
8. The Use of the Site Is At Your Risk
a) You use the Site at your risk. You must evaluate, and bear all risks associated with, the use of any Content, including reliance on the accuracy, completeness or usefulness of any Content. All information provided on or via the Site is for information purposes only. You should seek your own independent advice with respect to any Content.
b) We endeavour to provide a convenient and functional Site, but we do not guarantee that the Content will be error free or that the Site or the server that operates it is free of viruses or other harmful components.
c) Although we will use reasonable endeavours to maintain the Content, we do not undertake to provide support or maintenance services for the Content.
d) If your use of the Site results in the need for servicing or replacing property, material, equipment or data, we will not be responsible for such costs.
e) Without limiting the above provisions, everything on the Site is provided to you “as is” and “as available” without warranty or condition of any kind, either expressed or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We exclude all representations and warranties to the fullest extent permissible under any Applicable Law.
f) If a jurisdiction does not allow the exclusion of implied warranties in accordance with paragraph e) but allows limitations of a certain maximum extent then we limit our warranties to that extent.
9. Limitation of Liability
In addition to the other disclaimers and restrictions on our liability set out in these terms and conditions and to the fullest extent permissible under any Applicable Law, we will accept no liability whatsoever for any direct, incidental, consequential or indirect loss or damage, loss or corruption of data, loss of profits, revenue, goodwill, bargain or opportunity or loss of anticipated savings or any other loss resulting from your access to, reliance on, or use of, or inability to use the Site and the Content, however caused and whether arising in contract, tort (including negligence) or otherwise, and whether or not we know of the possibility of such loss or damage.
a) Where you are required to register with us, you may cancel such registration at any time by notifying us at firstname.lastname@example.org.
b) We may cancel your registration if you do not visit the Site or any relevant Sub-Portal for an extended period of time, or if we reasonably believe that you have violated any Applicable Laws, acted inconsistently with the letter or spirit of these terms and conditions, or have violated our rights or those of another party.
c) Following cancellation we may retain any information you submitted as part of the registration process, and any information arising from your use of this Site, any relevant Sub-Portal and/or our services, for such period as may be required by Applicable Laws.
d) The provisions of these terms and conditions entitled “Use of the Site is at Your Risk”, “Limitation of Liability,” and “General Provisions” will survive cancellation of your registration or termination of these terms and conditions.
We will give you any necessary notices by posting them on the Site. You agree:
a) to check the Site for notices; and
b) that you will be considered to have received a notice when it is made available to you by posting on the Site.
12. General Provisions
a) If any part of these terms and conditions is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect.
b) These terms and conditions and any non-contractual obligations arising from or connected with them will be governed by the laws of England and Wales and these terms and conditions shall be construed in accordance with the laws of England and Wales. You irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these terms and conditions.
c) You agree to defend, indemnify, and hold harmless us, our officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Site or the Content or your breach of these terms and conditions.
“Applicable Law” in relation to any person, action or thing means the following in relation to that person, action or thing:
a) any law, rule or regulation of any country (or political sub-division of a country);
b) any obligation under any licence in any country (or political sub-division of a country); and
c) any lawful and binding determination, decision or direction of a regulator in any country (or political sub-division of a country).
“Content” includes things that you may see, read, hear, download or access on or via the Site (including but not limited to messages, files, data, software, images, photographs, illustrations, text and other materials).
“Site” has the meaning given to it in section 1a)
“Sub-Portal” has the meaning given to it in section 2a)
“We”, “us” or “UK Broadband” means UK Broadband Limited.