TERMS AND CONDITIONS
THESE TERMS AND CONDITIONS APPLY TO
THE USE OF THIS WEBSITE AT http://www.toshibatec-dpos.com.
BY ACCESSING THIS WEBSITE YOU AGREE TO BE BOUND BY THESE
TERMS AND CONDITIONS.
USING THIS WEBSITE INDICATES THAT
YOU ACCEPT THESE TERMS REGARDLESS OF WHETHER OR NOT
YOU CHOOSE TO REGISTER WITH US OR ORDER FROM US. IF
YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEBSITE.
The http://www.toshibatec-dpos.com website
is operated by:
Dataysm (UK) Ltd, a company registered in England and
Wales, whose registered office is at Datasym (U.K.)
Ltd, Venture Tower, Fratton Road, Portsmouth PO1 5DL,
United Kingdom. Our company registration number is 2320442.
Our VAT registration number is 504 0814 87
Our contact details are as follows:
Trading address:
Datasym (UK) Ltd.
Venture Tower
Fratton Road
Portsmouth
Hamspshire PO1 5DL
General email: info@datasym.co.uk
Telephone number: +44 (0) 23 9282 8855
Fax number: +44 (0) 23 9282 8140
1. INTRODUCTION
1.1 You will be able to access most areas of this Website
without registering your details with us. Certain areas
of this Website are only open to you if you register.
1.2 We may revise these terms and conditions at any
time by updating this posting. You should check this
Website from time to time to review the then current
terms and conditions, because they are binding on you.
Certain provisions of these terms and conditions may
be superseded by expressly designated legal notices
or terms located on particular pages of this Website.
If you do not wish to accept any new terms and conditions
after we have given notice, you should not continue
to use this Website.
2. LICENCE
2.1 You are permitted to print and download extracts
from this Website for your own use on the following
basis:
(a) no documents or related graphics on this Website
are modified in any way;
(b) no graphics on this Website are used separately
from accompanying text; and
(c) any of our copyright and trade mark notices and
this permission notice appear in all copies.
2.2 Unless otherwise stated, the copyright and other
intellectual property rights in all material on this
Website (including without limitation photographs and
graphical images) are owned by us or our licensors.
For the purposes of these terms and conditions, any
use of extracts from this Website other than in accordance
with clause 5.1 above for any purpose is prohibited.
If you breach any of the terms in these terms and conditions,
your permission to use this Website automatically terminates
and you must immediately destroy any downloaded or printed
extracts from this Website.
2.3 Subject to clause 5.1, no part of this Website may
be reproduced or stored in any other website or included
in any public or private electronic retrieval system
or service without our prior written permission.
2.4 Any rights not expressly granted in these terms
are reserved.
3. SERVICE ACCESS
3.1 While we endeavour to ensure that this Website is
normally available 24 hours a day, we will not be liable
if for any reason this Website is unavailable at any
time or for any period.
3.2 Access to this Website may be suspended temporarily
and without notice in the case of system failure, maintenance
or repair or for reasons beyond our control.
4. VISITOR MATERIAL AND CONDUCT
4.1 Other than personally identifiable information,
which is covered under the Privacy Policy, any material
you transmit or post to this Website will be considered
non-confidential and non-proprietary. We will have no
obligations with respect to such material. We and our
nominees will be free to copy, disclose, distribute,
incorporate and otherwise use such material and all
data, images, sounds, text and other things embodied
therein for any and all commercial or non-commercial
purposes.
4.2 You are prohibited from posting or transmitting
to or from this Website any material:
(a) that is threatening, defamatory, obscene, indecent,
seditious, offensive, pornographic, abusive, liable
to incite racial hatred, discriminatory, menacing, scandalous,
inflammatory, blasphemous, in breach of confidence,
in breach of privacy or which may cause annoyance or
inconvenience;
(b) for which you have not obtained all necessary licences
and/or approvals;
(c) which constitutes or encourages conduct that would
be considered a criminal offence, give rise to civil
liability, or otherwise be contrary to the law of or
infringe the rights of any third party, in the UK or
any other country in the world; or
(d) which is technically harmful (including, without
limitation, computer viruses, logic bombs, Trojan horses,
worms, harmful components, corrupted data or other malicious
software or harmful data).
4.3 You may not misuse the Website (including, without
limitation, by hacking).
4.4 We will fully co-operate with any law enforcement
authorities or court order requesting or directing us
to disclose the identity or locate anyone posting any
material in breach of clauses 7.2 or 7.3.
5. LINKS TO AND FROM OTHER WEBSITES
5.1 Links to third party websites on this Website are
provided solely for your convenience. If you use these
links, you leave this Website. We have not reviewed
all of these third party websites and do not control
and are not responsible for these websites or their
content or availability. We therefore do not endorse
or make any representations about them, or any material
found there, or any results that may be obtained from
using them. If you decide to access any of the third
party websites linked to this Website, you do so entirely
at your own risk.
5.2 If you would like to link to this Website, you may
only do so on the basis that you link to, but do not
replicate, the home page of this Website, and subject
to the following conditions:
(a) you do not remove, distort or otherwise alter the
size or appearance of the Dataysm logo;
(b) you do not create a frame or any other browser or
border environment around this Website;
(c) you do not in any way imply that we are endorsing
any products or services other than our own;
(d) you do not misrepresent your relationship with us
nor present any other false information about us;
(e) you do not otherwise use any Datasym trade marks
displayed on this Website without our express written
permission;
(f) you do not link from a website that is not owned
by you; and
(g) your website does not contain content that is distasteful,
offensive or controversial, infringes any intellectual
property rights or other rights of any other person
or otherwise does not comply with all applicable laws
and regulations.
We expressly reserve the right to revoke the right granted
in this clause 8.2 for breach of these terms and to
take any action we deem appropriate.
5.3 You shall fully indemnify us for any loss or damage
we or any of our group companies may suffer or incur
as a result of your breach of clause 8.2.
6. REGISTRATION
6.1 To register with http://www.dataysm.co.uk you must
be over eighteen years of age.
6.2 Each registration is for a single user only. We
do not permit you to share your user name and password
with any other person nor with multiple users on a network.
6.3 Responsibility for the security of any passwords
issued rests with you and if you know or suspect that
someone else knows your password, you should contact
us immediately.
6.4 We may suspend or cancel your registration immediately
at our reasonable discretion or if you breach any of
your obligations under these terms and conditions.
7. DISCLAIMER
7.1 While we endeavour to ensure that the information
on this Website is correct, we do not warrant the accuracy
and completeness of the material on this Website. We
may make changes to the material on this Website, or
to the products and prices described in it, at any time
without notice. The material on this Website may be
out of date, and we make no commitment to update such
material.
7.2 The material on this Website is provided “as
is” without any conditions, warranties or other
terms of any kind. Accordingly, to the maximum extent
permitted by law, we provide you with this Website on
the basis that we exclude all representations, warranties,
conditions and other terms (including, without limitation,
the conditions implied by law of satisfactory quality,
fitness for purpose and the use of reasonable care and
skill) which but for these terms and conditions might
have effect in relation to this Website.
8. LIABILITY
8.1 We, any other party (whether or not involved in
creating, producing, maintaining or delivering this
Website), and any of our group companies and the officers,
directors, employees, shareholders or agents of any
of them, exclude all liability and responsibility for
any amount or kind of loss or damage that may result
to you or a third party (including without limitation,
any direct, indirect, punitive or consequential loss
or damages, or any loss of income, profits, goodwill,
data, contracts, use of money, or loss or damages arising
from or connected in any way to business interruption,
and whether in tort (including without limitation negligence),
contract or otherwise) in connection with this Website
in any way or in connection with the use, inability
to use or the results of use of this Website, any websites
linked to this Website or the material on such websites,
including but not limited to loss or damage due to viruses
that may infect your computer equipment, software, data
or other property on account of your access to, use
of, or browsing this Website or your downloading of
any material from this Website or any websites linked
to this Website.
8.2 Nothing in these terms and conditions shall exclude
or limit our liability for (i) death or personal injury
caused by negligence (as such term is defined by the
Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation
as to a fundamental matter; or (iv) any liability which
cannot be excluded or limited under applicable law.
8.3 If your use of material on this Website results
in the need for servicing, repair or correction of equipment,
software or data, you assume all costs thereof.
8.4 You agree to indemnify us fully, defend and hold
us, and our officers, directors, employees and agents,
harmless from and against all claims, liability, damages,
losses, costs (including reasonable legal fees) arising
out of any breach of the terms and conditions by you,
or your use of this Website, or the use by any other
person using your registration details.
9. GOVERNING LAW AND JURISDICTION
9.1 These terms and conditions shall be governed by
and construed in accordance with English law. Disputes
arising in connection with these terms and conditions
shall be subject to the exclusive jurisdiction of the
English courts.
9.2 We do not warrant that materials/items for sale
on the Website are appropriate or available for use
outside the United Kingdom. It is prohibited to access
the Website from territories where its contents are
illegal or unlawful. If you access this Website from
locations outside the United Kingdom, you do so at your
own risk and you are responsible for compliance with
local laws.
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