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TERMS AND CONDITIONS FOR USE OF THE WEBSITE OF Hamilton and Kirk LTD
Welcome to the Hamilton and Kirk website terms and conditions. These terms and conditions apply to the use of the website of Hamilton and Kirk and by accessing this website you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions you may not make further use of or continue to access this website. If you have any questions relating to these terms and conditions, please contact our Customer Service Representatives on TEL: +44 (0)28 9066 1644
DEFINITIONS
"Conditions" means these terms and conditions ; "Product Description" means that part of the Website where certain terms and conditions in respect of individual Products are provided; "Users" means the registered users of the Website who have provided the User Information; "User Information" means the details provided by You when You register to become a User; "We/Us" means Hamilton and Kirk Limited; "Website" means the website located at www.hamiltonandkirk.co.uk or any subsequent URL which may replace it; and "You" means You the user of the Website.
USE OF THE WEBSITE
ACCESS
We will provide You with access to the Website in accordance with the Conditions.
PRIVACY POLICY
We will respect Your personal information and We undertake to comply with applicable UK Data Protection legislation from time to time in place. We confirm that any personal details which You provide to Us from which we can identify You are held in accordance with our Data Protection Registration Notification. We consider the information that You have input as private. [The information is kept on a secure server protected from outside parties.] We shall use the information only for the following purposes: • Responding to your enquiries ; • for statistical purposes to improve the Website and its services to You; • to administer the Website;
Please see the confidentiality section of the Website for more information on the disclosures to 3rd parties. You should be aware that if we are requested by the police or any regulatory or government authority investigating suspected illegal activities to provide Your User Information and/or information concerning Your activities whilst using the Website we shall do so. OUR RIGHTS
We reserve the right to: • modify or withdraw, temporarily or permanently, the Website (or any part thereof) with or without notice to You and You confirm that We shall not be liable to You or any third party for any modification to or withdrawal of the Website; and/or • change the Conditions from time to time, and Your continued use of the Website (or any part thereof) following such change shall be deemed to be Your acceptance of such change. It is Your responsibility to check regularly to determine whether the Conditions have been changed. If You do not agree to any change to the Conditions then You must immediately stop using the Website.
THIRD PARTY LINKS
In an attempt to provide increased value to You, we may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
GENERAL
INTELLECTUAL PROPERTY AND RIGHT TO USE
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in Us or our licensors. You are permitted to use this material only as expressly authorised by Us or our licensors. You acknowledge and agree that the material and content contained within the Website is made available for Your personal non-commercial use only and that You may download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
COMPLIANCE WITH LAWS
The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.
LIMITATION OF LIABILITY
While we will use reasonable endeavors to verify the accuracy of any information We place on the Website, We make no warranties, whether express or implied in relation to its accuracy. The Website is provided on an "as is" and "as available" basis without any representation or endorsement made other than as expressly stated. We make no warranties of any kind, whether express or implied, in relation to the availability of the Website to You, or that any transaction that may be conducted on or through the Website at a particular time. We make no warranty that the Website will meet Your requirements or will be uninterrupted, timely, secure 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. We will not be responsible or liable to You for any loss of content or material uploaded or transmitted through the Website. Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
SEVERANCE AND SURVIVAL
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be several from these Conditions and shall not effect the validity and enforceability of any of the remaining provisions of these Conditions. Each provision of these Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
WAIVER
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
ENTIRE AGREEMENT
We intend that these Conditions govern our relationship with You. Any changes to these Conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what Hamilton and Kirk and You the customer is expected to do. You confirm that, in agreeing to accept the Conditions, You have not relied on any representation save insofar as the same has expressly been made a term of the Conditions and You agree that, save as set out below, You shall have no remedy in respect of any misrepresentation. Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent misrepresentation whether or not such has become a term of the Conditions.
LAW
The Conditions shall be governed by and construed in accordance with the laws of England and You irrevocably submit to the exclusive jurisdiction of the courts of England.
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