now-here.com terms and conditions
WEBSITE TERMS AND CONDITIONS
IMPORTANT LEGAL NOTICE
1.1 You will be able to access some areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register.
1.2 By accessing any part of this Website, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave this Website immediately.
1.3 We may revise this legal notice at any time by updating this posting. You should check this Website from time to time to review the then 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 Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at this Website.
2.1 You are permitted to print and download extracts from this Website for your own use on the following basis:
2.1.1 no documents or related graphics on this Website are modified in any way;
2.1.2 no graphics on this Website are used separately from accompanying text; and
2.1.3 Nowhere Group Limited's copyright and trade mark notices and this permission notice appear in all copies.
2.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation, photographs and graphical images) are owned by Nowhere Group Limited or its licensors or other users. For the purposes of this legal notice, any use of extracts from this Website, other than in accordance with paragraph 2.1 above for any reason is prohibited. If you breach of any of the terms in this legal notice, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website and remove any such extracts from other electronically held systems including other sites.
2.3 Subject to paragraph 2.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
2.4 Any rights not expressly granted in these terms are reserved.
3. VISITOR MATERIAL AND CONDUCT
3.2 We reserve the right to edit and/or remove, in whole or in part, material uploaded to this site without notice.
3.3 You are prohibited from posting or transmitting to or from this Website any material:
3.3.1 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;
3.3.2 for which you have not obtained all necessary licences and/or approvals;
3.3.3 which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
3.3.4 which is technically harmful (including without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
3.4 You may not misuse the Website (including, without limitation, by hacking).
3.5 We will fully co-operate 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 paragraphs 3.3 or 3.4.
4. USE OF OUR SERVICES AND PURCHASE OF OUR PRODUCTS
4.1 The services which we provide on this Website and the products which are available from our on-line catalogue are sold subject to our Terms and Conditions of business [INSERT HYPERLINK].
5. SERVICE ACCESS
5.1 While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period or if any data uploaded is lost or becomes irretrievable.
5.2 Access to this Website may be temporarily suspended and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
5.3 You will take all reasonable steps to ensure that your username and password are not provided to or used by any other party and, where you are an organisation, that no one can access user accounts of individuals authorised by you to use this Website, save those authorised by you.
6.1 We, and our officers, directors, employees, shareholders or agents do not accept any liability for the use made by you of the contents of the Website.
6.2 While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website or the authenticity of data images, sounds, text and other things which are uploaded to the Website by third parties. The content of this Website should only be used for information purposes and you should not rely on it to make or refrain from making any decision or take or refrain from taking any action.
6.3 The services provided on this Website are not intended to, and should not be used to replace professional counselling for those who require it. Where you suffer or believe that you may be suffering from anxiety, stress or some other condition which may be likely to affect your well being, you should seek professional medical advice.
6.4 We may make changes to the material on this Website or to the products and prices described in it at any time without notice. The material on this Website may be out of date and we make no commitment to update such material.
6.5 To the extent permitted by law, Nowhere Group Limited excludes all representations, warranties, conditions and other terms (including without limitation, the conditions implied by law of satisfactory quality, fitness of purpose and the use of reasonable care and skill) which but for this legal notice might have effect in relation to this Website.
7.1 Nowhere Group Limited (whether or not involved in creating, producing, maintaining, or delivering this Website) and its officers, directors, employees, shareholders or agents exclude all liability and responsibility for any amount or kind of loss or damage that may resort to you or a third party, (including without limitation, any direct, indirect, 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 this Website, in any way or in connection with the use, inability to use or the results of use of this Website, any Website linked to this Website or on such Websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing of this Website, or your downloading of any material from this Website, or any Website linked to this Website.
Provided that nothing in this legal notice shall exclude or limit Nowhere Group Limited's liability for:
7.1.1 death or personal injury caused by negligence;
7.1.3 misrepresentation as to a fundamental matter; or
7.1.4 any liability which cannot be excused or limited under applicable law.
7.2 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data you assume all costs thereof.
7.3 You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Terms and Conditions by you (or where you are a Group user, by any user authorised by you) or any other liabilities arising out of your (their) use of this Website, or the use by any other person accessing the Website using your access code and/or your Personal Information.
8. LINKS TO AND FROM OTHER WEBSITES
8.1 We are not responsible for the content of any linked Websites. We provide these links solely for convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their contents or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party Websites linked to this Website you do so entirely at your own risk.
8.2 [If you would like to link to this Website you may do so on the basis that you link to, but do not replicate, the home page of this Website and subject to the following conditions:
8.2.1 you do not remove, distort, or otherwise alter the size or appearance of the Nowhere Group Limited's logo;
8.2.2 you do not create a frame or any other browser or border environment around this Website;
8.2.3 you do not in any way imply that we are endorsing any products or services other than our won;
8.2.4 you do not misrepresent your relationship with us nor present any other false information about us;
8.2.5 you do not otherwise use any Nowhere Group Limited trade marks displayed on this Website without express written permission from us;
8.2.6 you do not link from a website that is not owned by you; and
8.2.7 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.
8.3 We expressly reserve the right to revoke the right granted in paragraph 8.2 for breach of these terms and to take any action that we deem appropriate.
8.4 You shall fully indemnify us for any loss or damage suffered by us for breach of paragraph 8.2.
9.1 Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network.
9.2 Where we allow bodies to register on behalf of several users such as (but not limited to) an employer organisation (group user), any such individual which makes use of this Website shall, subject to our terms and conditions, be entitled to continue using the Website as an independent user following the termination of that user's connection with that group user, including having access to the information and programs created during the course of that user's employment with or connection through the group user and each group user irrevocably agrees to such continued access. Nothing in this clause 9.2 shall constitute a group user as being liable for the individual following the receipt in writing by us of notification that the individual concerned is no longer connected to the group user.
9.3 Responsibility for the security of any password issued rests with you.
10. GOVERNING LAW AND JURISDICTION
10.1 These terms and conditions and your use of this Website are governed by and construed in accordance with the Laws of England and Wales, and any disputes shall be subject to the exclusive jurisdiction of the Courts of England and Wales.
The NOW-HERE.com Website is owned and operated by Nowhere Group Limited, Summerhouse, Vicarage Lane, Little Eaton, Derby DE21 5EA, registered in England no.4189963.