BACKGROUND:
This agreement applies as between you, the User of this Website and Peter Town / Town and Town, the owner(s) of this Website. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.
- Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
“Content” 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 Website.
“Learning Establishment” means any provider of education to persons of any age including, but not limited to, schools, colleges, universities and professional / adult education providers.
“Premises” Means our place(s) of business located at c/o Prager Metis LLP, 5A Bear Lane, London SE1 0UH.
“Service” means collectively any online facilities, tools, services, or information that Peter Town / Town and Town makes available through the Website either now or in the future.
“System” means any online communications infrastructure that Peter Town / Town and Town makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links.
“User” / “Users” means any third party that accesses the Website and is not employed by Peter Town / Town and Town
“Website” means the website that you are currently using Peter Town / Town and Town, any redirects from other sites and any sub-domains of this site unless expressly excluded by their own terms and conditions.
- Intellectual Property
2.1 Subject to the exceptions in Clause 3 of these Terms and Conditions, all Content included on the Website, 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 Peter Town / Town and Town, or our affiliates. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
2.2 You may print, reproduce, copy, distribute, store or in any other fashion re-use Content from the Website for as specified in Clause 4 of these Terms and Conditions and for personal or educational purposes only unless otherwise indicated on the Website or unless given express written permission to do so by Peter Town / Town and Town Specifically you agree that:
2.2.1 You will not use the Content of the Website for commercial purposes;
2.2.2 You will not systematically copy Content from the Website with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given express written permission to do so by Peter Town / Town and Town.
2.2.3 You may, as a student of a recognized Learning Establishment, use the Content of the Website for educational purposes provided an appropriate reference is given for all Content so applied using a suitable referencing system of your choice or as stipulated by your Learning Establishment;
2.2.4 Employees of Learning Establishments may use the Content of the Website for teaching purposes subject to the following conditions:
- a) No further consent is required for use in not-for-profit Learning Establishments. This may include, but is not limited to, schools that charge no fees for tuition; and
- b) For use in profit-making Learning Establishments, prior written consent is required. This may include, but is not limited to, private schools charging fees, universities, and adult education providers.
- 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 Website. 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.
- Fair Use of Intellectual Property
Material from the Website 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.
- Links to Other Websites
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Peter Town / Town and Town or that of our affiliates. We assume no responsibility for the content of such Websites 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 Website does not imply any endorsement of the sites themselves or of those in control of them
- Links to this Website
Those wishing to place a link to this Website on other sites may do so only to the home page of the site Peter Town / Town and Town without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of Peter Town / Town and Town To find out more please contact us by email at administration.tt@townandtown.com or by post to c/o Prager Metis LLP, 5A Bear Lane, London SE1 0UH.
- Use of Communications Facilities
7.1 When using the login facilities and / or any other System on the Website you should do so in accordance with the following rules:
7.1.1 You must not use obscene or vulgar language;
7.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
7.1.3 No Content that is intended to promote or incite violence;
7.1.4 It is advised that posts on the blog pages and communications with Peter Town / Town and Town are made using the English language as we may be unable to respond to enquiries submitted in any other languages;
7.1.5 You must not post links to other Websites containing any of the above types of Content;
7.1.6 The means by which you identify yourself must not violate these terms of use or any applicable laws;
7.1.7 You must not engage in any form of commercial advertising. This does not prohibit references to businesses for non-promotional purposes including references where advertising may be incidental;
7.1.8 You must not impersonate other people, particularly employees and representatives of Peter Town / Town and Town or our affiliates; and
7.1.9 You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.
7.2 You acknowledge that Peter Town / Town and Town reserves the right to monitor any and all communications made to us or using our System.
7.3 In order to use the login facilities and any other communication facility that may be added in the future on this Website, you are required to submit certain personal details. By continuing to use this Website you represent and warrant that:
7.3.1 Any information you submit is accurate and truthful; and
7.3.2 You will keep this information accurate and up-to-date.
- Privacy
Use of the Website is also governed by our Privacy Policy which is incorporated into these terms and conditions by this reference.
- Disclaimers
9.1 Peter Town / Town and Town makes no warranty or representation that the Website 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.
9.2 Whilst every reasonable endeavor has been made to ensure that all information provided on this Website will be accurate and up to date, Peter Town / Town and Town makes no warranty or representation that this is the case. We make no guarantee of any specific results from the use of our services.
9.3 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
9.4 The information on this Website is not designed with commercial purposes in mind. Commercial use of the Content of this Website is forbidden under Clause 2.2.1 of these Terms and Conditions. Any such use constitutes a breach of these Terms and Conditions and Peter Town / Town and Town 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.
9.5 Whilst every effort has been made to ensure that all descriptions of products and services available from Peter Town / Town and Town correspond to the actual services available, Peter Town / Town and Town is not responsible for any variations from these descriptions.
- Availability of the Website
The Products and Services are provided “as is” and on an “as available” basis. We give no warranty that the Products and Services 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.
Peter Town / Town and Town accepts no liability for any disruption or non-availability of the Website 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.
- Limitation of Liability
11.1 To the maximum extent permitted by law, Peter Town / Town and Town 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 Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.
11.2 Nothing in these terms and conditions excludes or restricts Peter Town / Town and Town’s liability for death or personal injury resulting from any negligence or fraud on the part of Peter Town / Town and Town
11.3 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.
- Law and Jurisdiction
These terms and conditions and the relationship between you and Peter Town / Town and Town shall be governed by and construed in accordance with the Law of England and Wales and Peter Town / Town and Town and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.