Terms of Use |
Thank you for
accessing www.mecklocksystem.co.uk (together with any successor or
replacement URL(s), the "Website"), which is provided to you free
of charge by NSM Distribution Limited. By using the Website, you signify
your acceptance of these terms and conditions, in consideration of
which we provide you with access.
From time to time, we may modify these terms. Accordingly, it is your
responsibility to ensure that you continue to review and comply with
the terms whenever accessing or using the Website.
1 No reliance
While we have endeavoured to ensure the accuracy of the information
making up the Website, we do not guarantee or give any warranty as
to the accuracy, timeliness or completeness of any information or
material on the Website.
2 Conditions of Use
2.1 You will consent to our processing your personal data in
accordance with the privacy statement.
2.2 You will not violate or attempt to violate the security
of any data centre and/or network used by us.
2.3 You will not access or attempt to access any of our equipment
outside the range of access you reasonably require to utilise our
services.
2.4 You will not, and will not be involved in hacking, cracking,
including but not limited to, attempting to read and or modify any
system files or interact directly with the operating system, or any
action which has the purpose of interfering with the normal running
of any equipment on or connected to the data centre and/or network
used by us, including but not limited to:
(a) Accessing data not intended for your use
(b) Attempts to guess or crack any user names or passwords not issued
to you
(c) Logging into a server or account without unauthorised access
(d) Probing, scanning, or testing the vulnerability of a system or
data centre / network including the use of packet sniffers and other
forms of electronic surveillance devices
(e) Breaching security or authentication measures without authorisation
(f) Interfering with service to any user, host or network
(g) Overloading, flooding, mail-bombing, or crashing a host or network
(h) Any action designed to obtain services to which you are not entitled
(i) Eavesdropping or session-hijacking
(j) Illegal use
(k) Forgery of addresses or other such data in IP packets or e-mails
(l) Unauthorised access to network management equipment or software
(m) The transmission of live video or live audio without authorisation
(n) The use of IP multicast without authorisation
(o) Any Denial of Service Attack
(p) Telnet to any of our hosted systems
(q) Attempts to use Rcommands to our hosted systems
2.5 You will not use our applications services to engage in
any illegal activity, create, transmit, distribute or store any material
which is offensive, abusive, indecent, obscene, defamatory, menacing
or in breach of confidence, copyright privacy or any other rights.
Such material includes but is not limited to computer viruses or pornography
and any data that:
(a) Impairs the privacy of any communication over the data centre
and/or network
(b) Violates the privacy, publicity or other personal rights of any
other person
(c) Violates a patent, trademark, copyright, trade secret, or other
intellectual property right
(d) Contains obscene or pornographic material
(e) May be threatening, abusive or hateful
(f) Violates export control laws or regulations
(g) Encourages conduct constituting a crime or giving rise to civil
liability
(h) Causes technical disturbance to the data centre and/or network
by viruses, worms or other destructive mechanisms
(i) Violates us or other service provider regulations governing the
data centre and/or network
(j) Constitutes deceptive on-line marketing or advertising
(k) Assists or permits anyone else to engage in any prohibited activity
2.6 You will notify us immediately of any wrongful conduct
and take all reasonable measures in order to ensure that such conduct
ceases
2.7 You will not post the same or similar unsolicited e-mail
message, bulk commercial advertising or announcement to one or more
user groups (the practice known as “spamming”), including but not
limited to:-
(a) transmitting excessive e-mail messages or messages that harass
or annoy others
(b) continuing to transmit e-mails to a recipient who has expressed
a desire not to receive such e-mails
(c) sending e-mails with forged TCP/IP packet- header information
(d) intentionally omitting, deleting, forging or misrepresenting transmission
information, including headers or return addresses
(e) cloaking sender’s identity or contact information in any manner.
3 Intellectual property
3.1 The Website, including (but not limited to) text, content,
software, video, music, sound, graphics, illustrations, artwork, photographs,
names, logos, trade marks and other material ("Content") is protected
by copyrights, database rights, trade marks and/or other proprietary
rights. The Content includes both content owned or controlled by us
and content owned or controlled by third parties and licensed to us.
All individual elements making up the Website may be copyright works.
You agree to abide by all additional copyright notices or restrictions
contained in the Website.
3.2 You may not use any of our trademarks or trade names without
our consent and you acknowledge that you have no ownership rights
in and to any of those names and marks.
3.3 You agree to notify us in writing promptly upon becoming
aware of any unauthorised access to or use of the Website by any party
or of any claim that the Website or any of the Content infringes any
copyright, trade mark, or other contractual, statutory or common law
rights of any party.
4 Licence and download rights
4.1 You acquire no rights or licences in or to the Website
other than the limited right to use the Website in accordance with
these terms. Other than as set out in this section you may not copy,
reproduce, recompile, decompile, disassemble, reverse engineer, distribute,
publish, display, perform, modify, upload to create derivative works
from, transmit, or in any other way exploit any part of the Website
save in so far as permitted by law.
4.2 Download is permitted only for internal business purposes.
4.3 You may not offer for sale or sell or distribute over any
other medium (including distribution on a computer network) the Website
or any part thereof. You may not (unless otherwise agreed in writing
between us) make any part of the Website available as part of another
website, whether by hyperlink framing on the internet or otherwise.
The Website and the information contained in it may not be used to
construct a database of any kind, nor may the Website be stored (in
its entirety or in any part) in databases for access by you or any
third party.
4.4 By posting communications on or through the Website, you
automatically grant us a royalty-free, perpetual, irrevocable, non-exclusive
licence to use, copy, reproduce, modify, publish, edit, translate,
distribute, perform and display the communication alone or as part
of other works in any other form, media or technology whether now
known or hereafter developed, and to sublicense such rights through
multiple tiers of sublicensees. The foregoing grants shall include
the right to exploit any proprietary rights in such communication,
including but not limited to rights under copyright, trademark, service
mark or patent laws under any relevant jurisdiction.
5 Links to other websites
Websites or pages to which the Website are provided solely as internet
navigation tools for information purposes only, and have not been
reviewed or endorsed by us. We do not adopt, warrant the accuracy
of, or take responsibility for updating, the content of websites or
pages linked or linking to this Website. We accept no responsibility
or liability for any losses or penalties whatsoever that may be incurred
by you as a result of any linking to any location on any linked websites.
Use of information from linked sites is at your sole risk.
6 No warranty
6.1 The Website is provided "as is" excluding any warranties
of any kind, either express or implied, to the fullest extent permissible
pursuant to applicable law including (but not limited to) the exclusion
of warranties of title, merchantability, satisfactory quality, fitness
for a particular purpose and non-infringement of proprietary or third
party rights. We further accept no responsibility or liability for
functions contained on the Website and make no warranties that the
Website will operate uninterrupted or error-free or that defects will
be corrected.
6.2 We do not warrant that the Website is compatible with your
computer equipment or that the Website or its server is free of errors
or viruses, worms, Trojan horses or cancelbots and we are not liable
for any damage you may suffer as a result of such destructive features.
6.3 We shall not be held responsible for Content provided by
third parties. We are also not responsible for the reliability or
continued availability of the telephone lines and equipment you use
to access the Website.
7 Our rights
We may in our sole discretion remove or request the removal of any
communication or Content on the Website but we shall have no liability
or responsibility for removal or request for removal. We reserve the
right to terminate or restrict your access to the Website at any time
without notice for any reason whatsoever.
8 Limitation of liability
8.1 You acknowledge that your use of the Website, access to
which is provided to you free of charge, is at your own risk. If you
are dissatisfied with the Website your sole remedy is to discontinue
use of the Website.
8.2 Save in respect of fraud and of personal injury or death
to the extent it results from our negligence, in no event will we
be liable to you or any third party for any direct, special, indirect,
consequential or incidental damages, exemplary or lost profits, or
any other damages of any kind whether based on warranty, contract,
tort (including negligence) or otherwise, even if we have been advised
of the possibility thereof.
9 Local law
9.1 The Website is intended for use only by individuals and
organisations located in the United Kingdom. Access by any person
in any jurisdiction where for any reason the publication or availability
of the Website is restricted or unlawful, is prohibited.
9.2 We do not represent that the Website is appropriate for
use or permitted by laws outside England and Wales. Any person accessing
the Website does so on their own initiative and is responsible for
compliance with applicable local laws or regulations – legal advice
should be sought in cases of doubt.
10 Changes to the Site
You accept that we have the right to change the Content or technical
specifications of any aspect of the Website at any time at our sole
discretion. You further accept that such changes may result in your
being unable to access the Website. You should direct any question,
comment, or complaint regarding use, or contemplated use, of the Network
to info@mecklocksystem.co.uk:
11 Waiver
No waiver by us of any breach of any obligation arising under these
terms shall constitute a waiver of any other breach and no failure
to exercise or partial exercise by us of any remedy shall constitute
a waiver of the right subsequently to exercise that or any other remedy.
12 Governing law and jurisdiction
The terms are governed by the laws of England and Wales and the parties
submit to the exclusive jurisdiction of the English courts.
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