Access to and use of the www.byalice.co.uk web site (the "Web Site") is provided by BY ALICE to you (the "User") subject to the following terms and conditions (the "Terms and Conditions").
In using this site the User indicates his agreement to be bound by these Terms and Conditions. In agreeing to be bound by the Terms and Conditions, the User agrees to be bound by the terms and conditions of the other documents referred to and incorporated into these Terms and Conditions, and the expression "Terms and Conditions" shall be deemed to include these other materials.
The User further agrees that he has read and understood these Terms and Conditions: if this is not the case, please send any queries by email to email@example.com.
Changes to the Website
The User acknowledges and accepts that BY ALICE may from time to time alter any aspect of the Web Site, or any of the services or products provided through the Web Site, as it thinks fit and without notice to the User. Further, BY ALICE may alter the Terms and Conditions at any time without notice. The User accepts that it will have no claim for breach of contract or otherwise in respect of any such alteration.
The User warrants that in its use of the Web Site it shall:
- use the Web Site only for lawful purposes, and in a manner which does not infringe the rights of, or restrict or inhibit the use of the Web Site by any third party;
- not engage in any conduct which is unlawful, or which may harass or cause distress or inconvenience to any person;
- without prejudice to the generality of paragraph above, not upload, post, transmit or distribute any material or information in which the User does not own the intellectual property rights, or any material which is in any way unlawful or which is potentially harmful, threatening, abusive, libellous, pornographic or otherwise obscene, or racially or ethnically or otherwise objectionable; and
- not upload, post, transmit or distribute any material or information which contains a computer virus, or other code, files or programs intended or having for effect to disrupt or otherwise adversely affect the operation of the Web Site or of other Users' computer systems.
The contents of the Web Site (the "Contents") are provided to the User by way of general, background information only. The User should consult an appropriately qualified adviser for advice on any specific question or problem, and should not rely on the accuracy of any part of the Contents.
The User accepts and acknowledges that BY ALICE, its officers, employees, agents, representatives of any sort, and advisers shall not in any way be liable for any damage, loss, costs or expenses arising directly or indirectly from the User's downloading of any of the Contents from the Web Site, or its reliance on or use of any of the Contents for any purpose.
Without prejudice to the foregoing generality, BY ALICE hereby excludes, insofar as permitted by law, all warranties and representations, express or implied, in respect of any of the Contents, including but not limited to any information, names, images, pictures, logos and icons forming part of them, including but not limited to warranties of satisfactory quality, fitness for a particular purpose, non-infringement of third party rights or any law, compatibility, security and accuracy.
The User acknowledges and accepts that computer and telecommunications systems are not fault free and may from time to time require periods of downtime (being periods during which the Web Site is not available to the User) for the purposes of repair, maintenance and upgrading.
Accordingly, BY ALICE does not guarantee uninterrupted availability of the Web Site, but it shall make reasonable efforts to minimise any periods during which the Web Site is not available. The User accepts that he or she or it shall have no claim for breach of contract or otherwise in respect of any such period of unavailability.
The Web Site and its Contents may at points incorporate links to the web sites and services of third parties. Such links are provided for the User's convenience only, and their provision does not constitute an authorisation by BY ALICE to the User to access such third party web sites, nor an endorsement of the content of such third party web sites by BY ALICE.
The User acknowledges and accepts that BY ALICE is not, and shall not be held responsible for any damages, loss, costs or expenses arising from the use of such third party web sites, or products or services available through such third party web sites.
Except where expressly indicated otherwise, copyright in all of the Contents of the Web Site belongs to BY ALICE.
Notwithstanding the foregoing, BY ALICE hereby authorises you as a User to:
- view and display the Contents;
- download the Contents and store them in your computer (for example in the browser's cache) for a period not exceeding thirty days, provided that the User also downloads this copyright notice; and
- print out the Contents, provided that the User also prints an acknowledgement in the form set out below and attaches it to any printed copy of any of the Contents.
Form of Acknowledgement Required where the Contents (or any of them) are Reproduced
"Copyright BY ALICE. Reproduced with permission."
The names and logos identifying the Web Site and BY ALICE and its products and services are either (a) proprietary marks of BY ALICE or (b) marks which BY ALICE is licensed to use, and nothing in these Terms and Conditions shall confer on the User any licence of any such mark or of any other intellectual property right of BY ALICE, (subject always to the above provisions relating to copyright).
BY ALICE reserves the right to terminate forthwith, or to refuse to permit, the use of the Web Site by any User, at any time and at BY ALICE's absolute discretion.
If any of these Terms and Conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms and Conditions are intended to be effective, then to the extent and within the jurisdiction in which that Term or Condition is illegal, invalid or unenforceable, it shall be severed and deleted from the Terms and Conditions and the remaining Terms and Conditions shall survive, remain in full force and effect and continue to be binding and enforceable.
The rights of BY ALICE and the User under these Terms and Conditions may be exercised as often as necessary. They are cumulative and not exclusive of either party's rights under the general law, and may be waived only in writing. Delay in exercising or non-exercise of any right is not a waiver of that right.
These Terms and Conditions shall be governed by and construed in accordance with the laws of Scotland. Any disputes arising here from shall be exclusively subject to the jurisdiction of the courts of Scotland.
Non-acceptance of the Terms and Conditions
If these Terms and Conditions are not accepted in full, you do not have permission to access the Contents of the Web Site and therefore should cease using the Web Site immediately.