TERMS OF USE

TERMS OF BUSINESS FOR THE USE OF OUR WEBSITE

BACKGROUND:

This agreement applies as between you, the User of this Website and Thurlow Champness and Son., the owner 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.

1. 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;

“Thurlow Champness and Son.” / “we” means the owner of this website

“Service” means collectively any online facilities, tools, services or information that we make available through the Website either now or in the future;

“System” means any online communications infrastructure that we make 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 Thurlow Champness and Son. and acting in the course of their employment; and

“Website” means the website that you are currently using (www.thurlowchampness.com) and any sub-domains of this site unless expressly excluded by their own terms and conditions.

2. Intellectual Property

Thurlow Champness and Son. are the owners of the copyright of this site and all the content displayed within this website, unless uploaded by Users, including without limitation, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, interactive features, underlying code and software is our property or that of our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other relevant laws.

Such Content is provided for your information and personal use only and may not be used for the purposes of a business or commercial enterprise. You are not permitted to publish, manipulate, distribute or otherwise reproduce any of the content supplied to you or that appears on this Website without prior written permission. The permission to reproduce Thurlow Champness and Son press releases does not extend to any material on this website which is identified as being the copyright of a third party. No right, title or interest in any downloaded materials or software is transferred to you by such downloading. You may not make any other use of material on this site (including reproductions, publication, alteration, distribution, broadcast or any other exploitation except as above) without our written permission.

This site contains several trademarks and service marks that are owned our affiliates and are used here under a valid license agreement. You are not authorized to copy, modify or reproduce them without their respective owner’s permission.

3. Links to Other Websites

This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Thurlow Champness and Son 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.

Those wishing to place a link to this Website on other sites may do so only to the home page of the site without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of Thurlow Champness and Son. To find out more please contact us by email at info@thurlowchampness.com

Thurlow Champness and Son does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Thurlow Champness and Son website or featured in any banner or other advertising, and Thurlow Champness and Son will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and images of third party products, services and/or locations featured on this Website are in no way associated, linked or affiliated with Thurlow Champness and Son and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services

Privacy

5.1 Use of the Website is also governed by our Privacy Policy which is incorporated into these terms and conditions by this reference.

6. Disclaimers

6.1 We make 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, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service.

6.2 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.

6.3 Whilst we use reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.

7. Availability of the Website and Modifications
7.1 The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service 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.

7.2 We accept 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.

7.3 We reserve the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, the products and/or services available. These Terms and Conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.

Neither Thurlow Champness and Son. nor any of its directors, employees or agents will be liable for damages arising out of or in connection with the use of this site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss or damage to property and claims of third parties.

Thurlow Champness and Son. does not exclude any liability for death or personal injury resulting from its negligence or the negligence of its directors, employees or agents. Thurlow Champness and Son. cannot be responsible for any losses you may incur in transmitting information to us by internet link or by e-mail. Any such loss shall not be borne either wholly or partly by us, and shall be entirely your responsibility.

Limitation of Liability

8.1 To the maximum extent permitted by law, we accept 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.

8.2 Nothing in these terms and conditions excludes or restricts liability for death or personal injury resulting from any negligence or fraud on its part.

8.3 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. However, 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.
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law Thurlow Champness and Son and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or linked sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Thurlow Champness and Son liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

No Waiver

9.1 In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

10. Previous Terms and Conditions

10.1 In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

11. Third Party Rights

11.1 Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Thurlow Champness and Son.

12. Communications

12.1 All notices / communications shall be sent to us either by post to our Premises (see address above) or by email to info@thurlowchampness.com Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

13. Law and Jurisdiction

13.1 These terms and conditions and the relationship between you and Thurlow Champness and Son. shall be governed by and construed in accordance with the Law of the United Kingdom and you agree to submit to the exclusive jurisdiction of the Courts of United Kingdom
COMPLIANCE

You agree to comply with the above stated terms and conditions. Should you break these terms, or incur liabilities as a consequence of using this Website, you will be responsible for the costs and expenses that we incur as a result of such breach including reasonable legal fees (if applicable). You will remain liable if someone else uses your account or personal information unless you can prove such use was fraudulent.