Website Terms and Conditions of Use
This website (the Website) is operated by Protel Associates Ltd, Company Number 3499257 (England) and whose registered address is Carleton House, 266-268 Stratford Road, Shirley, Solihull B90 3AD (“Protel”).
This Terms and Conditions of Use policy sets out the terms between you and Protel under which you may access the Website. This policy applies to all users of, and visitors to, the Website.
By using the Website you agree to be legally bound by these terms, which shall take effect immediately on your first use of the Website. If you do not agree to be legally bound by all the following terms please do not access and/or use the Website.
We may change these terms at any time by posting changes online. Please review these terms regularly to ensure you are aware of any changes made by us. Your continued use of the Website after changes are posted means you agree to be legally bound by these terms as updated and/or amended.
Accessing the Website
Access to the Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on the Website without notice. We will not be liable if for any reason the Website is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of the Website, to users who have registered with us.
When using the Website, you must comply with the provisions of our Acceptable Use Policy (see below).
You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
Use of the Website
You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use the Website content in any way except for your own personal, non-commercial use. You also agree not to adapt, alter or create a derivative work from any of the Website content except for your own personal, non-commercial use. Any other use of the Website content requires the prior written permission from Protel. To request such permission please contact us via firstname.lastname@example.org.
You agree to use the Website only for lawful purposes and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of the Website.
Prohibited behaviour includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within the Website.
Uploading Material to The Website
Whenever you make use of a feature that allows you to upload material to the Website, or to make contact with other users of the Website, you must comply with the content standards set out in our Acceptable Use Policy (see below). You warrant that any such contribution complies with those standards and you indemnify us for any breach of that warranty.
Any material you upload to the Website will be considered non-confidential and non-proprietary and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the Website constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Website.
We have the right to remove any material or posting you make on the Website if, in our opinion, such material does not comply with the content standards set out in our Acceptable Use Policy (see below).
Viruses, Hacking and Other Offences
You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it.
Links To and From Other Websites
Links on the Website to third party websites are provided solely for your convenience. If you use these links, you leave the Website. Protel has not reviewed these third party websites and does not control and is not responsible for these websites or their content or availability. Protel therefore does not endorse or make any representations about them, or any material found on them, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
You must not create a link to the Website from any other website without Protel’s express written permission.
Acceptable Use Policy
You may use the Website and our services only for lawful purposes. Unacceptable use includes, but is not limited to the following:
• any use that breaches applicable local, national or international law or regulation;
• for the purpose of harming or attempting to harm minors in any way;
• any use which contravenes the virus and hacking provisions as set out above;
• uploading, posting, emailing or otherwise transmitting any content that is directed to inciting or producing imminent conduct that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable and is likely to produce such conduct;
• impersonation of any person or entity or otherwise misrepresenting your affiliation with a person or entity;
• forging headers or otherwise manipulating identifiers in order to disguise the origin of any content transmitted through the system;
• uploading, posting, emailing or otherwise transmitting any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
• uploading, posting, emailing or otherwise transmitting any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” or “pyramid schemes”;
• interfering with or disrupting the Website’s system or servers or networks connected to the Website’s system, or disobeying any requirements, procedures, policies or regulations of networks connected to the Website’s system;
• collecting or storing personal data about other users without their knowledge;
• promoting or providing instructional information about illegal activities, promoting physical harm or injury against any group or individual, or promoting any act of cruelty to animals.
We may, at our sole determination, decline to offer email or online support to any user who uses offensive or abusive language or is otherwise in breach of any of our terms, including this Acceptable Use Policy.
Information About You and Your Visits to the Website
Reliance on Information Posted
Commentary and other materials posted on the Website are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Website, or by anyone who may be informed of any of its contents.
Changes to the Website
We aim to update the Website regularly and may change the content at any time. If the need arises, we may suspend access to the Website, or close it indefinitely. Any of the material on the Website may be out of date at any given time and we are under no obligation to update such material.
Disclaimers and Limitation of Liability
The material displayed on the Website is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we and third parties connected to us hereby expressly exclude:
All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Website or in connection with the use, inability to use, or results of the use of the Website, any websites linked to it and any materials posted on it, including:
• loss of income or revenue;
• loss of business;
• loss of profits or contracts;
• loss of anticipated savings;
• loss of data;
• loss of goodwill;
• wasted management or office time,
whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
We do not warrant that functions contained in the Website content will be uninterrupted or error free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs.
The names, images and logos identifying Protel and our products and services, or third parties and their products and services, are subject to copyright, design rights and trade marks. Nothing contained in these terms shall be construed as conferring by implication, estoppels or otherwise any license or right to use any trademark, patent, design right or copyright of Protel’s, or of any other third party.
In the event that any provision of these Terms & Conditions is held to be invalid or unenforceable, the remainder of these Terms & Conditions shall remain valid and enforceable.
These Terms & Conditions shall be governed by the laws of England and the courts of England shall have exclusive jurisdiction.