| Terms and Conditions
of Use for TRU (UK) website |
| 1.0 Our contract |
| By using or subscribing to our site you enter into a
binding contract with us on the following terms and
conditions. |
|
| 2.0 |
Our promises |
| 2.1 |
We will permit you to access, use and
interact with our site subject to these terms and
conditions. |
| 2.2 |
We will: |
| 2.2.1 |
Exercise reasonable care in compiling our
site; |
| 2.2.2 |
Use reasonable efforts to make our site
available to you at all times; and |
| 2.2.3 |
Take the steps set out in our privacy
policy to endeavour to secure any personal data and
credit card information you give us. |
|
| 3.0 |
Exclusions and
limitations |
| 3.1 |
We do not represent or warrant that access
to our site, or any part of it will be uninterrupted,
reliable or fault free. |
| 3.2 |
We do not represent or warrant to you that
our site or any of its contents will be accurate,
complete or reliable. |
| 3.3 |
We do not represent or warrant that: |
| 3.3.1 |
Any services (whether or not provided by
us) will be provided with due care and skill; or |
| 3.3.2 |
Any goods (whether or not provided by us)
will be of merchantable quality or will be fit for any
purpose (even if that purpose has been previously
notified to us). |
| 3.4 |
To the extent permitted by law, we exclude
all liability (whether arising in contract, tort or
otherwise and whether or not due to our negligence)
which we may otherwise have to you as a result of: |
| 3.4.1 |
Any technical, factual, textual or
typographical inaccuracies, errors or omissions on or
relating to our site or any information on our site; |
| 3.4.2 |
The unavailability of our site (or any
part of it), goods or services; |
| 3.4.3 |
Any delay in providing, or failure to
provide or make available, goods or services or any
negligent provision of goods or services; |
| 3.4.4 |
Any goods not being of merchantable
quality or fit for their intended purpose; or |
| 3.4.5 |
Any misrepresentation on or
relating to our site, the goods or the services (other
than a fraudulent misrepresentation made by us or on our
behalf). |
| 3.5 |
Our maximum liability to your business in
respect of your use of our site or any services we
provide or make available to you through or in relation
to our site will be the amount of any subscription fees
paid on behalf of your business during the year in which
the liability arose. You agree that we shall have no
liability for indirect or consequential losses, loss of
data, income or profits or damages for loss of or damage
to property. |
| 3.6 |
You agree that each of these limitations
is reasonable having regard to the nature of our site
and in particular given that when you purchase
information, goods or services through out site you will
enter into a separate contract with the supplier in each
case. |
| 3.7 |
None of the exclusions or limitations in
this clause 3 shall exclude or restrict our liability
for death or personal injury caused by our negligence. |
| 3.8 |
None of the above exclusions shall affect
any statutory rights which are not capable of being
excluded. However, in such case our obligation, where
permitted by law, will be limited to the re-supply of
our site, good or service to you. |
| 3.9 |
Each of the above exclusions or
limitations shall be construed as a separate, and
severable, provision of these terms and conditions. |
|
| 4.0 |
Site subscription and
charges |
| 4.1 |
By subscribing to our site,
you agree to pay our charges at the rate applicable from
time to time and stipulated on the site. |
| 4.2 |
If you fail at any time to pay any
subscription charges due in accordance with these terms
and conditions we may, in our discretion and without
prejudice to our other rights, deny you access to those
areas of our site which are exclusively available to
subscribers. We need not provide you with advance notice
in such circumstances. |
|
| 5.0 |
Links to other sites |
| |
Certain links, including hypertext links,
in our site will take you outside our site. Links are
provided for your convenience and inclusion of any link
does not imply endorsement or approval by us of the
linked site, its operator or its content. We are not
responsible for the content of any website outside our
site. |
|
| 6.0 |
Termination |
| 6.1 |
We may terminate your access or
subscription immediately if you are in material breach
of any of these terms and conditions and in particular
upon any failure by you to pay your subscription charge
in accordance with these terms and conditions. You may
terminate your subscription at any time on 30 days
notice to us. |
| 6.2 |
Any rights that have accrued to either
party at the date of termination will remain enforceable
after termination. |
|
| 7.0 |
No commercial use |
| |
You agree that you will use our site only
for your internal business purposes and that you shall
not exploit our site or any of its contents for any
commercial purpose. |
|
| 8.0 |
General |
| 8.1 |
Third
party rights : Where in these terms representations
and warranties are made to us and to suppliers of goods
and services through our site, you acknowledge and agree
that such representations and warranties are intended to
grant rights to, and operate for the benefit of, all
such suppliers and that each such supplier may rely upon
and enforce such representations and warranties against
you by virtue of the Contracts (Rights of Third Parties)
Act 1999. |
| 8.2 |
Variations
: We reserve the right at any time without notice to
revise the content of our site (including the services
offered by us) and these terms and conditions. Any
changes to these terms and conditions will be posted on
our site and by continuing to use our site following any
such change you will signify that you agree to be bound
by the revised terms and conditions of use.
|
| 8.3 |
Taxes
: We have made every effort to make clear whether
the quoted prices for goods and services available
through our site include any relevant tax or duty or do
not. Where in any case it is not clear please note
before you make an order that you might be required to
bear a liability to tax or duty (for example value added
tax) imposed by the supplier or by operation of law that
is in addition to the price. |
| 8.4 |
The
use of your information : You agree that we may
collect, store, and use information about you in
accordance with our privacy policy. You acknowledge and
agree to be bound by the terms of our privacy policy. |
| 8.5 |
Copyright
: All rights in the design, text, graphics and other
material on our site and the selection or arrangement
thereof are the copyright of us or other third parties.
Permission is granted to electronically copy and print
in hard copy portions of our site solely in connection
with the acquisition of goods or services through our
site. Any other use of materials on our site (including
reproduction for purposes other than those noted above
and alteration, modification, distribution, or
republication) without our prior written permission is
strictly prohibited.
You hereby grant to us a perpetual royalty-free,
irrevocable licence to copy, issue copies, communicate
to the public, make publicly available and include in a
cable programme service (either in whole or in part or
in a modified or edited form) any material you up-load
or post to our site (whether to a chat room, bulletin
board or otherwise). You acknowledge and agree that such
material is not up-loaded or posted subject to any
obligation of confidence.
|
| 8.6 |
Trade
marks : All trade marks, product names and company
names or logos used in our site are our property or that
of their respective owners. No permission is given by us
in respect of the use of any such trade marks, get-up,
product names, company names, logos or titles and such
use may constitute an infringement of the holder's
rights. |
| 8.7 |
Access
: We reserve the right in our sole discretion to
deny users access to our site or any part of our site
without notice and to decline to provide the service to
any user that is in breach of these terms and conditions
of use.
|
| 8.8 |
Events beyond
our control : We shall not be liable to you for any
breach of these terms and conditions of use or any
failure to provide or delay in providing our services
through our site resulting from any event or
circumstance beyond our reasonable control including,
without limitation, strikes, lock-outs and other
industrial disputes, breakdown of systems or network
access, fire, explosion or accident.
|
| 8.9 |
Applicable law
and jurisdiction : These terms and conditions (and
any dispute, controversy, proceedings or claim of
whatever nature arising out of or in any way relating to
them or their formation) shall be governed by and
interpreted in accordance with English law and, for
these purposes, the parties irrevocably submit to the
exclusive jurisdiction of English courts.
|
| 8.10 |
Unenforceability
: The enforceability or otherwise of any provisions
of these terms and conditions shall not affect the
enforceability of the rest of these terms and
conditions. |
|
| 9.0 |
Definitions : In these terms
and conditions: |
| 9.1 |
'our site' means our presence on the
Internet; |
| 9.2 |
'our', 'we' and 'us' means … Limited
and, where applicable, its officers, employees and
authorised agents; and |
| 9.3 |
'you' and 'your'
include any business with which you are associated and
on behalf of which you use our site ('your business'). |
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