T&Cs

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Terms and conditions of use

  1. Introduction

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.

1.4    You must be at least [18] years of age to use our website; by
using our website or agreeing to these terms and conditions, you warrant
and represent to us that you are at least [18] years of age.

1.5    Our website uses cookies; by using our website or agreeing to
these terms and conditions, you consent to our use of cookies in
accordance with the terms of our [privacy and cookies policy].

  1. Credit

2.1    This document was created using a template from SEQ Legal (http://www.seqlegal.com).

  1. Copyright notice

3.1    Copyright (c) [2017] [Suefoster.info].

3.2    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.

  1. Licence to use website

4.1    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.

4.2    Except as expressly permitted by Section 4.1 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.

4.3    You may only use our website for [your own personal and
business purposes], and you must not use our website for any other
purposes.

4.4    Except as expressly permitted by these terms and conditions,
you must not edit or otherwise modify any material on our website.

4.5    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.

4.6    Notwithstanding Section 4.5, you may redistribute [our newsletter] in [print and electronic form] to [any person].

4.7    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.

  1. Acceptable use

5.1    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)    [access or otherwise interact with our website using any
robot, spider or other automated means[, except for the purpose of
[search engine indexing];

(f)    [violate the directives set out in the robots.txt file for our website]; or

(g)    [use data collected from our website for any direct marketing
activity (including without limitation email marketing, SMS marketing,
telemarketing and direct mailing)].

5.2    You must not use data collected from our website to contact individuals, companies or other persons or entities.

5.3    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].

  1. Registration and accounts

6.1    To be eligible for an individual account on our website under
this Section 6, you must [be at least 18 years of age and resident in
the United Kingdom].

6.2    You may register for an account with our website by
[completing and submitting the account registration form on our website,
and clicking on the verification link in the email that the website
will send to you].

6.3    You must not allow any other person to use your account to access the website.

6.4    You must notify us in writing immediately if you become aware of any unauthorised use of your account.

6.5    You must not use any other person’s account to access the
website[, unless you have that person’s express permission to do so].

  1. User login details

7.1    If you register for an account with our website, [we will
provide you with] OR [you will be asked to choose] [a user ID and
password].

7.2    Your user ID must not be liable to mislead and must comply
with the content rules set out in Section 10; 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.

  1. Cancellation and suspension of account

8.1    We may:

(a)    [suspend your account];

(b)    [cancel your account]; and/or

(c)    [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 [using your account control panel on the website].

  1. Your content: licence

9.1    In these terms and conditions, “your content” means all works
and materials (including without limitation text, graphics, images,
audio material, video material, audio-visual material, scripts, software
and files) that you submit to us or our website for storage or
publication on, processing by, or transmission via, our website.

9.2    You grant to us a [worldwide, irrevocable, non-exclusive,
royalty-free licence] to [use, reproduce, store, adapt, publish,
translate and distribute your content in any existing or future media] OR [reproduce, store and publish your content on and in relation to this
website and any successor website] OR [reproduce, store and, with your
specific consent, publish your content on and in relation to this
website].

9.3    You grant to us the right to sub-license the rights licensed under Section 9.2.

9.4    You grant to us the right to bring an action for infringement of the rights licensed under Section 9.2.

9.5    You hereby waive all your moral rights in your content to the
maximum extent permitted by applicable law; and you warrant and
represent that all other moral rights in your content have been waived
to the maximum extent permitted by applicable law.

9.6    You may edit your content to the extent permitted using the editing functionality made available on our website.

9.7    Without prejudice to our other rights under these terms and
conditions, if you breach any provision of 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 delete, unpublish or edit any or all
of your content.

  1. Your content: rules

10.1  You warrant and represent that your content will comply with these terms and conditions.

10.2  Your content must not be illegal or unlawful, must not infringe
any person’s legal rights, and must not be capable of giving rise to
legal action against any person (in each case in any jurisdiction and
under any applicable law).

10.3  Your content, and the use of your content by us in accordance with these terms and conditions, must not:

(a)    be libellous or maliciously false;

(b)    be obscene or indecent;

(c)    infringe any copyright, moral right, database right, trade
mark right, design right, right in passing off, or other intellectual
property right;

(d)    infringe any right of confidence, right of privacy or right under data protection legislation;

(e)    constitute negligent advice or contain any negligent statement;

(f)    constitute an incitement to commit a crime[, instructions for
the commission of a crime or the promotion of criminal activity];

(g)    be in contempt of any court, or in breach of any court order;

(h)    be in breach of racial or religious hatred or discrimination legislation;

(i)     be blasphemous;

(j)     be in breach of official secrets legislation;

(k)    be in breach of any contractual obligation owed to any person;

(l)     [depict violence[ in an explicit, graphic or gratuitous manner]];

(m)   [be pornographic[, lewd, suggestive or sexually explicit]];

(n)    [be untrue, false, inaccurate or misleading];

(o)    [consist of or contain any instructions, advice or other
information which may be acted upon and could, if acted upon, cause
illness, injury or death, or any other loss or damage];

(p)    [constitute spam];

(q)    [be offensive, deceptive, fraudulent, threatening, abusive,
harassing, anti-social, menacing, hateful, discriminatory or
inflammatory]; or

(r)    [cause annoyance, inconvenience or needless anxiety to any person].

  1. Limited warranties

11.1  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.

11.2  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.

11.3  To the maximum extent permitted by applicable law and subject
to Section 12.1, we exclude all representations and warranties relating
to the subject matter of these terms and conditions, our website and the
use of our website.

  1. Limitations and exclusions of liability

12.1  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.

12.2  The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:

(a)    are subject to Section 12.1; 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.

12.3  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.

12.4  We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

12.5  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.

12.6  We will not be liable to you in respect of any loss or corruption of any data, database or software.

12.7  We will not be liable to you in respect of any special, indirect or consequential loss or damage.

12.8  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).

  1. Breaches of these terms and conditions

13.1  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;

(d)    block computers using your IP address from accessing our website;

(e)    contact any or all of your internet service providers and request that they block your access to our website;

(f)    commence legal action against you, whether for breach of contract or otherwise; and/or

(g)    [suspend or delete your account on our website].

13.2  Where we suspend or prohibit or block your access to our
website or a part of our website, you must not take any action to
circumvent such suspension or prohibition or blocking[ (including
without limitation [creating and/or using a different account])].

  1. Variation

14.1  We may revise these terms and conditions from time to time.

14.2  [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.] OR [We will give you written notice of any
revision of these terms and conditions, and the revised terms and
conditions will apply to the use of our website from the date that we
give you such notice; if you do not agree to the revised terms and
conditions, you must stop using our website.]

14.3  If you have given your express agreement to these terms and
conditions, we will ask for your express agreement to any revision of
these terms and conditions; and if you do not give your express
agreement to the revised terms and conditions within such period as we
may specify, we will disable or delete your account on the website, and
you must stop using the website.

  1. Assignment

15.1  You hereby agree that we may assign, transfer, sub-contract or
otherwise deal with our rights and/or obligations under these terms and
conditions.

15.2  You may not without our prior written consent assign, transfer,
sub-contract or otherwise deal with any of your rights and/or
obligations under these terms and conditions.

  1. Severability

16.1  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.

16.2  If any unlawful and/or unenforceable provision of these terms
and conditions 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.

  1. Third party rights

17.1  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.

17.2  The exercise of the parties’ rights under a contract under
these terms and conditions is not subject to the consent of any third
party.

  1. Entire agreement

18.1  Subject to Section 12.1, 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.

  1. Law and jurisdiction

19.1  These terms and conditions shall be governed by and construed in accordance with [English law].

19.2  Any disputes relating to these terms and conditions shall be
subject to the [exclusive] OR [non-exclusive] jurisdiction of the courts
of [England].

  1. Statutory and regulatory disclosures

20.1  We are registered in [trade register]; you can find the online version of the register at [URL], and our registration number is [n/a].

20.2  We are subject to [authorisation scheme], which is supervised by [supervisory authority].

20.3  We are registered as [title] with [professional body] in [the United Kingdom] and are subject to [rules], which can be found at [URL].

20.4  We subscribe to [code(s) of conduct], which can be consulted electronically at [n/a].

20.5  Our VAT number is [n/a].

  1. Our details

21.1  This website is owned and operated by [S E Foster].

21.2  We are registered in [England and Wales] under registration number [n/a].

21.3  You can contact us:

(a)    [using our website contact form];

(b)    [by email, using [the email address published on our website from time to time]].


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