Terms and conditions of use of www.timatkin.com
1.1 These terms and conditions shall govern your use of our website.
1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
1.3 If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.
- Copyright notice
2.1 Copyright (c) 2019 Tim Atkin.
2.2 Subject to the express provisions of these terms and conditions:
(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.
- Licence to use website
3.1 You may:
(a) view pages from our website in a web browser;
(b) download pages from our website for caching in a web browser;
(c) print pages from our website;
(d) stream audio and video files from our website; and
(e) use our website services by means of a web browser,
subject to the other provisions of these terms and conditions.
3.2 Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
3.3 You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.
3.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
3.5 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from our website (including republication on another website);
(b) sell, rent or sub-license material from our website;
(c) show any material from our website in public;
(d) exploit material from our website for a commercial purpose; or
(e) redistribute material from our website.
3.6 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
3.7 Purchased Reports are provided to you for your personal use only.
(a) You may access purchased reports on any compatible devices you like but you cannot provide or otherwise make them available to any other person or organisation.
(b) You may not share, transmit or broadcast content or reports purchased from the site or keep it on any storage or retrieval system that can be accessed by anybody but you.
(c) No diagrams, image or artwork may be copied or otherwise reproduced without permission.
(d) You acknowledge and agree that all intellectual property rights belong to Tim Atkin MW, that rights in the content are licensed (not sold) to you, and that you have no rights in, or to, content other than the right to use it in accordance with these terms and conditions.
4. Acceptable use
4.1 You must not:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
(e) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
4.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.
4.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is [true, accurate, current, complete and non-misleading].
- Digital products
5.1 The advertising of digital products on our website constitutes an “invitation to treat” rather than a contractual offer.
5.2 It is possible that prices on the website may be incorrectly quoted; accordingly, we will verify prices as part of our sale procedures so that the correct price will be notified to you before the contract comes into force.
5.3 Save to the extent expressly provided otherwise, these terms and conditions shall not govern the sale, purchase or licensing of our digital products, or any other matters relating to our digital products. The sale and purchase of digital products through our website, and the licensing of those digital products, will be subject to [our digital product licence], and we will ask you to agree to the terms of that document each time you make a purchase on our website.
5.4 Any digital product reviews that you submit for publication on our website shall be subject to the terms of Section 9 and Section 10.
6. Registration and Accounts
6.1 You may register for an account with our website by completing and submitting the account registration form on our website.
6.2 You must not allow any other person to use your account to access the website.
6.3 You must notify us in writing immediately if you become aware of any unauthorised use of your account.
7. User login details
7.1 If you register for an account with our website, you will be asked to choose a user ID and password.
7.2 Your user ID must not be liable to mislead; you must not use your account or user ID for or in connection with the impersonation of any person.
7.3 You must keep your password confidential.
7.4 You must notify us in writing immediately if you become aware of any disclosure of your password.
7.5 You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
- Cancellation and suspension of account
8.1 We may cancel your account or edit your account details, at any time in our sole discretion without notice or explanation.
8.2 You may cancel your account on our website at any time.
9. Limited warranties
9.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on our website;
(b) that the material on the website is up to date; or
(c) that the website or any service on the website will remain available.
9.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
9.3 To the maximum extent permitted by applicable law and subject to Section 13.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
10. Limitations and exclusions of liability
10.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
10.2 The limitations and exclusions of liability set out in this Section 13 and elsewhere in these terms and conditions:
(a) are subject to Section 13.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
10.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
10.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
10.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
10.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.
10.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
10.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
11. Breaches of these terms and conditions
11.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our website;
(c) permanently prohibit you from accessing our website;
12. Third party websites
12.1 Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.
12.2 We have no control over third party websites and their contents, and subject to Section 13.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.
13.1 We may revise these terms and conditions from time to time.
13.2 The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.
14. Third party rights
14.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
14.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.
15. Entire agreement
15.1 Subject to Section 10.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.
16. Law and jurisdiction
16.1 These terms and conditions shall be governed by and construed in accordance with English law.
16.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.