Website Terms and Conditions

Website Terms and Conditions

GO EARTH LTD WEBSITE TERMS AND CONDITIONS

Introduction

These terms and conditions govern YOUR use of this website; by using this website, YOU accept these terms and conditions in full. If YOU disagree with these terms and conditions or any part of these terms and conditions, YOU must not use this website.

This website may use cookies. GO EARTH LTD may from time to time use or not use cookies in its websites. By using this website and agreeing to these terms and conditions, YOU consent to our use of cookies should the website be using or have used cookies.

License to use website

Unless otherwise stated, GO EARTH LTD and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

YOU may view, download for caching purposes only, and print pages from the website for YOUR own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

YOU must not without prior express written permission from GO EARTH LTD:

  • republish material from this website (including republication on another website);
  • sell, rent or sub-license material from the website;
  • show any material from the website in public;
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
  • redistribute material from this website

Acceptable use

YOU must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

YOU must not use this 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.

YOU must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without GO EARTH LTD’s prior express written consent.

YOU must not use this website to transmit or send unsolicited commercial communications.

YOU must not use this website for any purposes related to marketing without GO EARTH LTD’s prior express written consent.

Restricted access

Access to certain areas of this website is restricted. GO EARTH LTD reserves the right to restrict access to some areas of this website, or indeed this entire website, at GO EARTH LTD’S sole discretion.

If GO EARTH LTD provides YOU with a user ID and password to enable YOU to access restricted areas of this website or other content or services, YOU must ensure that the user ID and password are kept confidential.

GO EARTH LTD may disable YOUR user ID and password in GO EARTH LTD’s sole discretion without notice or explanation.

User content

In these terms and conditions, “YOUR user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that YOU submit to this website, for whatever purpose.

YOU grant to GO EARTH LTD a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute YOUR user content in any existing or future media. YOU also grant to GO EARTH LTD the right to sub-license these rights, and the right to bring an action for infringement of these rights.

YOUR user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against YOU or GO EARTH LTD or a third party (in each case under any applicable law).

YOU must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

YOU must not submit any user content to the website that is, or is reasonably capable of being thought of as, racist, sexist, homophobic or supports, or encourages the support for, illegal or terrorist groups.

GO EARTH LTD reserves the right to edit or remove any material submitted to this website, or stored on GO EARTH LTD’s servers, or hosted or published upon this website.

Notwithstanding GO EARTH LTD’s rights under these terms and conditions in relation to user content, GO EARTH LTD does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

Warranties

This website is provided “as is” without any representations or warranties, express or implied. GO EARTH LTD makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, GO EARTH LTD does not warrant that:

  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading; or
  • applicable to YOUR particular circumstances

Any material on this website that is capable of being construed as advice is given “as is” and no representation or warrantee whatsoever is made with respect to that advice or any subsequent advice whether or not given as or as part of any services provided by GO EARTH LTD. In particular, without limiting the generality of the foregoing sentence, any material given may not be applicable to YOUR particular circumstances. YOU, and not GO EARTH LTD, are solely responsible for any actions or inactions taken by YOURSELF or persons acting under or with YOUR advice guidance or control.

YOU are required to note, without limiting the generality of the foregoing paragraphs under “No warranties”, that the best or correct actions or inactions in YOUR circumstances may be dependent on innumerable factors as varied as (without limiting the generality of the foregoing) YOUR budget and general financial circumstances, YOUR requirements, the weather, the marine conditions, the condition of any boat or other vessel, the skill expertise and experience of any crew or driver of a boat. GO EARTH LTD has no responsibility for any decisions, actions or inactions in response to these circumstances.

The mention of any particular product or service including (without limiting the generality of the foregoing) boat type, manufacturer, supplier, boat model does constitute any recommendation, endorsement or warrantee of the suitability of that product or service in any particular circumstances.

Limitations of liability

GO EARTH LTD will not be liable to YOU (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • to the extent that the website is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if GO EARTH LTD has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit GO EARTH LTD’s liability in respect of any:

  • death or personal injury caused by GO EARTH LTD’s negligence;
  • fraud or fraudulent misrepresentation on the part of GO EARTH LTD; or matter which it would be illegal or unlawful for GO EARTH LTD to exclude or limit, or to attempt or purport to exclude or limit, its liability.
  • Reasonableness

By using this website, YOU agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If YOU do not think they are reasonable, YOU must not use this website or any service provided by GO EARTH LTD.

Other parties

YOU accept that, as a limited liability entity, GO EARTH LTD has an interest in limiting the personal liability of its officers and employees. YOU agree that YOU will not bring any claim personally against GO EARTH LTD’s officers or employees in respect of any losses YOU suffer in connection with the website.

Without prejudice to the foregoing paragraph, YOU agree that the limitations of warranties and liability set out in this website disclaimer will protect GO EARTH LTD’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as GO EARTH LTD.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

YOU hereby indemnify GO EARTH LTD and undertake to keep GO EARTH LTD indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by GO EARTH LTD to a third party in settlement of a claim or dispute on the advice of GO EARTH LTD’s legal advisers) incurred or suffered by GO EARTH LTD arising out of any breach by YOU of any provision of these terms and conditions, or arising out of any claim that YOU have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to GO EARTH LTD’s other rights under these terms and conditions, if YOU breach these terms and conditions in any way, GO EARTH LTD may take such action as GO EARTH LTD deems appropriate to deal with the breach, including suspending YOUR access to the website, prohibiting YOU from accessing the website, blocking computers using YOUR IP address from accessing the website, contacting YOUR internet service provider to request that they block YOUR access to the website and/or bringing court proceedings against YOU.

Variation

GO EARTH LTD may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure YOU are familiar with the current version.

Assignment

GO EARTH LTD may transfer, sub-contract or otherwise deal with GO EARTH LTD’s rights and/or obligations under these terms and conditions without notifying YOU or obtaining YOUR consent.

YOU may not transfer, sub-contract or otherwise deal with YOUR rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions constitute the entire agreement between YOU and GO EARTH LTD in relation to YOUR use of this website, and supersede all previous agreements in respect of YOUR use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with English law and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of England and Wales.

Registrations and authorisations

GO EARTH LTD is registered at the United Kingdom Companies House, with registration number 9913019

GO EARTH LTD’s registered address is 10 St. Andrews Close, Warrington, Cheshire, WA2 0EJ, United Kingdom.

These terms and conditions are applicable from 12th February 2016 until further notice as provided for in these Terms and Conditions.

Credit

This document was created using a Contractology template available at http://www.freenetlaw.com