BACKGROUND:
This agreement applies as between you, the User of this Web Site and the Flexible Space Association (FlexSA) the owner(s) of this Web Site. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these terms and conditions, you should stop using the Web Site immediately.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
"Content"
means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;
"the FlexSA"
means the FlexSA, Kinetic Centre, Theobald Street, Borehamwood, WD6 4PJ.
"Service"
means collectively any online facilities, tools, services or information that the FlexSA makes available through the Web Site either now or in the future;
"Premises"
Means our place(s) of business located at Kinetic Centre, Theobald Street, Borehamwood, WD6 4PJ
"System"
means any online communications infrastructure that the FlexSA makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
"User" / "Users"
means any third party that accesses the Web Site and is not employed by the FlexSA and acting in the course of their employment; and
"Web Site"
means the website that you are currently using www.flexsa.co.uk and any sub-domains of this site unless expressly excluded by their own terms and conditions.
2. Intellectual Property
2.1 Subject to the exceptions in Clause 3 of these Terms and Conditions, all Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of the FlexSA, our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
2.2 Subject to Clause 4 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by the FlexSA.
3. Third Party Intellectual Property
3.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
3.2 Subject to Clause 4 or you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Web Site or unless given express written permission to do so by the relevant manufacturer or supplier.
4. Fair Use of Intellectual Property
Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
5. Links to Other Web Sites
This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of the FlexSA or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.
6. Links to this Web Site
Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site www.flexsa.co.uk without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of the FlexSA. To find out more please contact us by email at jennifer@FlexSA.uk.com.
7. Viruses, Malware and Security
7.1 We exercise all reasonable skill and care to ensure that the Web Site is secure and free from viruses and other malware.
7.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware and other internet security risks.
7.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via the Web Site.
7.4 You must not attempt to gain unauthorised access to any part of the Web Site, the server on which the Web Site is stored, or any other server, computer, or database connected to the Web Site.
7.5 You must not attack the Web Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
7.6 By breaching the provisions of sub-Clauses 7.3 to 7.5 you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use the Web Site will cease immediately in the event of such a breach.
8. Use of Communications Facilities
When using the enquiry form or any other System on the Web Site you should do so in accordance with the following rules:
8.1 You must not use obscene or vulgar language;
8.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
8.3 You must not submit Content that is intended to promote or incite violence;
8.4 It is advised that submissions are made using the English language as we may be unable to respond to enquiries submitted in any other languages;
8.5 The means by which you identify yourself must not violate these terms of use or any applicable laws;
8.6 You must not impersonate other people, particularly employees and representatives of the FlexSA or our affiliates; and
8.7 You must not use our System for unauthorised mass-communication such as "spam" or "junk mail".
8.8 You acknowledge that the FlexSA reserves the right to monitor any and all communications made to us or using our System
8.9 In order to use the enquiry form and any other communication facility that may be added in the future on this Web Site, you are required to submit certain personal details. By continuing to use this Web Site you represent and warrant that:
8.10 Any information you submit is accurate and truthful; and
8.11 You will keep this information accurate and up-to-date.
9. Disclaimers
9.1 The FlexSA makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
9.2 No part of this Web Site is intended to constitute a contractual offer capable of acceptance. No goods and / or services are sold through this Web Site and product and / or service details are provided for information purposes only
9.3 Whilst every effort has been made to ensure that all graphical representations of products and / or descriptions of services available from the FlexSA correspond to the actual products and / or services, the FlexSA is not responsible for any variations from these descriptions.
10. Availability of the Web Site
The Service is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
The FlexSA accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
11. Limitation of Liability
11.1 To the maximum extent permitted by law, the FlexSA accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.
11.2 Nothing in these terms and conditions excludes or restricts the FlexSA’s liability for death or personal injury resulting from any negligence or fraud on the part of the FlexSA.
11.3 Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
12. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
13. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
14. Notices
All notices / communications shall be given to us either by post to our Premises (see address above) or by email to jane.sartin@flexsa.co.uk. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
15. Law and Jurisdiction
These terms and conditions and the relationship between you and the FlexSA shall be governed by and construed in accordance with the Law of England and Wales and the FlexSA and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
This agreement applies as between you, the User of this Web Site and the Flexible Space Association (FlexSA) the owner(s) of this Web Site. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these terms and conditions, you should stop using the Web Site immediately.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
"Content"
means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;
"the FlexSA"
means the FlexSA, Kinetic Centre, Theobald Street, Borehamwood, WD6 4PJ.
"Service"
means collectively any online facilities, tools, services or information that the FlexSA makes available through the Web Site either now or in the future;
"Premises"
Means our place(s) of business located at Kinetic Centre, Theobald Street, Borehamwood, WD6 4PJ
"System"
means any online communications infrastructure that the FlexSA makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
"User" / "Users"
means any third party that accesses the Web Site and is not employed by the FlexSA and acting in the course of their employment; and
"Web Site"
means the website that you are currently using www.flexsa.co.uk and any sub-domains of this site unless expressly excluded by their own terms and conditions.
2. Intellectual Property
2.1 Subject to the exceptions in Clause 3 of these Terms and Conditions, all Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of the FlexSA, our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
2.2 Subject to Clause 4 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by the FlexSA.
3. Third Party Intellectual Property
3.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
3.2 Subject to Clause 4 or you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Web Site or unless given express written permission to do so by the relevant manufacturer or supplier.
4. Fair Use of Intellectual Property
Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
5. Links to Other Web Sites
This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of the FlexSA or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.
6. Links to this Web Site
Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site www.flexsa.co.uk without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of the FlexSA. To find out more please contact us by email at jennifer@FlexSA.uk.com.
7. Viruses, Malware and Security
7.1 We exercise all reasonable skill and care to ensure that the Web Site is secure and free from viruses and other malware.
7.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware and other internet security risks.
7.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via the Web Site.
7.4 You must not attempt to gain unauthorised access to any part of the Web Site, the server on which the Web Site is stored, or any other server, computer, or database connected to the Web Site.
7.5 You must not attack the Web Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
7.6 By breaching the provisions of sub-Clauses 7.3 to 7.5 you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use the Web Site will cease immediately in the event of such a breach.
8. Use of Communications Facilities
When using the enquiry form or any other System on the Web Site you should do so in accordance with the following rules:
8.1 You must not use obscene or vulgar language;
8.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
8.3 You must not submit Content that is intended to promote or incite violence;
8.4 It is advised that submissions are made using the English language as we may be unable to respond to enquiries submitted in any other languages;
8.5 The means by which you identify yourself must not violate these terms of use or any applicable laws;
8.6 You must not impersonate other people, particularly employees and representatives of the FlexSA or our affiliates; and
8.7 You must not use our System for unauthorised mass-communication such as "spam" or "junk mail".
8.8 You acknowledge that the FlexSA reserves the right to monitor any and all communications made to us or using our System
8.9 In order to use the enquiry form and any other communication facility that may be added in the future on this Web Site, you are required to submit certain personal details. By continuing to use this Web Site you represent and warrant that:
8.10 Any information you submit is accurate and truthful; and
8.11 You will keep this information accurate and up-to-date.
9. Disclaimers
9.1 The FlexSA makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
9.2 No part of this Web Site is intended to constitute a contractual offer capable of acceptance. No goods and / or services are sold through this Web Site and product and / or service details are provided for information purposes only
9.3 Whilst every effort has been made to ensure that all graphical representations of products and / or descriptions of services available from the FlexSA correspond to the actual products and / or services, the FlexSA is not responsible for any variations from these descriptions.
10. Availability of the Web Site
The Service is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
The FlexSA accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
11. Limitation of Liability
11.1 To the maximum extent permitted by law, the FlexSA accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.
11.2 Nothing in these terms and conditions excludes or restricts the FlexSA’s liability for death or personal injury resulting from any negligence or fraud on the part of the FlexSA.
11.3 Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
12. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
13. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
14. Notices
All notices / communications shall be given to us either by post to our Premises (see address above) or by email to jane.sartin@flexsa.co.uk. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
15. Law and Jurisdiction
These terms and conditions and the relationship between you and the FlexSA shall be governed by and construed in accordance with the Law of England and Wales and the FlexSA and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.