Welcome to the User Agreement for castlinesystems.co.uk ("User Agreement"). The services available at http://www.castlinesystems.co.uk are provided by Castline Systems. ("Castline Systems", "we", "us" or "our"), located at Friday St, Rusper, West Sussex, England.
This User Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub-domains at http://www.castline systems.co.uk (the "Site"). If you do not agree to be bound by this User Agreement, you may not use or access our services.
You must read, agree with and accept all of the terms and conditions contained in this User Agreement, which includes those terms and conditions expressly set out below and those incorporated by reference, before you may become a user of the Site. We strongly recommend that, as you read this User Agreement, you also access and read the information contained in the other pages and websites referred to in this document, as they contain further terms and conditions which apply to you as a Castline Systems user. Please note: underlined words and phrases are click-through links to these pages and websites.
By agreeing to this User Agreement, you also agree that your use of other Castline Systems web sites will be governed by the user agreement posted on those other web sites.
If you have any questions about this User Agreement, please refer email us or call us.
We may amend this User Agreement at any time by giving you notice ("Notice") by either e-mail in accordance with your Notification Preferences or by posting the amended User Agreement on the Site. Any amended User Agreement will govern new user registrations from the date that it is posted on the Site. Existing users will be bound by the amended User Agreement after the expiry of 30 days following the date of a Notice. No other amendment to this User Agreement will be effective. Please note that different notice provisions apply to our Online Ordering Facility as set out in section 6 below.
Definition "Your Information" is defined as any information you provide to us in relation to the Castline Systems service including the Demonstration Request, Online Ordering or your postings on the message boards and any other content that you post within the Site. You are solely responsible for Your Information.
Restrictions Your Information and your activities on our Site must not:
be false, inaccurate or misleading; be offensive or menacing, abusive, defamatory, or in breach of copyright, confidence, privacy or any other rights; infringe any third party's copyright, patent, trade mark, trade secret or other proprietary rights or rights of publicity or privacy; be fraudulent; be in breach of any applicable laws or regulations be obscene, indecent or contain child pornography; create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; you do not have a right to link to or include; contain any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority or expropriate any system, data or personal information; cause the Site to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Site is in any way impaired.
Licence To enable Castline Systems to use Your Information, you grant us a non-exclusive, world-wide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) licence to exercise the copyright, trade mark, publicity, and database rights you have in Your Information, in any media now known or not currently known. You also waive all moral rights you have in Your Information to the fullest extent permitted by law.
Access and Interference. The Site contains robot exclusion headers. Much of the information on the Site is updated on a real time basis and is proprietary or is licensed to Castline Systems by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (I) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of Castline Systems and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site. We do not authorise you to extract or re-utilise substantial parts of our Site, or to make systematic and repeated extractions or re-utilisations of insubstantial parts of our Site.
Castline Systems and our users do not tolerate spam or unsolicited commercial communications. Therefore, without limiting the foregoing, you shall not add a Castline Systems employee or a Castline Systems user, to your mail list (email or physical mail) without their express written consent after adequate disclosure.
Without limiting our other remedies, we may limit your activity on the Site, immediately issue a warning and refuse to provide our services to you without notice to you: (a) if you breach this User Agreement or the documents incorporated by reference; (b) if, despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us; or (c) if we believe that your actions may cause us financial loss or legal liability.
Transfer of Data
Please note that Your Information will be stored and processed on our computers in the United Kingdom Only. Castline Systems will hold and transmit Your Information in a safe, confidential and secure environment. If you object to your Information being transferred or used in this way please do not submit such information on our site.
We (and our affiliates, officers, agents and employees) do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. Our website and our services are provided "as is" and as and when available, and to the extent permissible by law we exclude all implied warranties, conditions or other terms, whether implied by statute or otherwise, including without limitation any terms as to skill and care or timeliness of performance. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
Limitation of Liability.
Nothing in this User Agreement shall limit or exclude our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our, agents or employees. Subject to the foregoing, we (including our affiliates, officers, agents and employees) will not be liable for any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special, indirect or consequential damages (however arising, including negligence) arising out of or in connection with this User Agreement. Some jurisdictions do not allow the exclusion of incidental or consequential damages, so the above exclusion may not apply to you.
We (including our affiliates, officers, agents and employees) also have no liability of any sort (including liability for negligence) for the acts or omissions of other providers of telecommunications services or for faults in or failures of their networks and equipment.
Our liability to you or any third party, and the liability of our affiliates, officers, agents and employees, in any circumstance is limited to the greater of (a) the total you have paid to us in relation to the order or other service offered giving rise to liability, and (b) £100.
You agree to indemnify and hold us and (as applicable) our affiliates, officers, agents, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement (including the documents incorporated by reference), or your violation of any law or the rights of a third party.
Unless otherwise explicitly stated, notices to Castline Systems must be sent by registered mail to Castline Systems, Friday St, Rusper, West Sussex, RH12 4QA, England. An email or postal address must be included in the correspondence for us to be able to reply (receipt is deemed 24 hours after an email is sent, unless we receive notice that the email address is invalid), or by registered mail.
Governing Law and Legal Compliance.
This User Agreement shall be governed by and construed in accordance with English law and subject to the exclusive jurisdiction of the English courts.
Please note, that your country (and/or that of any user you deal with) may have laws which apply to your transactions with other users regardless of what you agree with us (now) or with that user (later).
The laws of your country may be different from English law, including laws governing what can be legally offered, sold, exported, bought or imported. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service. There is no practical way for us to continually monitor the laws of every country. Please do not assume that you are allowed to do what other users do, or that we are approving or validating any transaction, even if you have successfully made similar sales or purchases in the past.
Disputes between you and Castline Systems regarding our services may be reported to Castline Systems Customer Support. We encourage you to report all disputes between users to your local law enforcement body.
Third Party Rights.
A person who is not a party to this User Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this User Agreement but this does not affect any right or remedy of a third party specified in this User Agreement or which exists or is available apart from that Act.
If any provision of this User Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforceable. You agree that this User Agreement and all incorporated agreements may be automatically assigned by Castline Systems, in our sole discretion, to a third party in the event of a merger or acquisition or any other event. You and Castline Systems are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this User Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This User Agreement sets forth the entire understanding and agreement between us with respect to its subject matter. No oral explanation or oral information given by any party shall alter the interpretation of this User Agreement.
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