‘You’ or ‘Your’ refers to the Website visitor or user.
1.3.Using the Website does not create any obligation upon You to make, or Us to accept a contract for the supply of any services. Any Services promoted within the Website are subject to additional terms and conditions.
1.4.The Website may include advertisements or links to other websites and are provided for convenience and information only. Links and advertisements are not intended to be, and shall not be taken as an endorsement of any content or products nor does reacting to an advertisement constitute an irrevocable offer of sale or contract.
2.1.All intellectual property statutory rights and privileges including but not limited to patents, rights to inventions, utility models, copyright, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) in any part of the world, within the Website design, images, graphics, text, layout, software and source code is owned by or licensed to Us.
2.2.Any Trademarks within this Website which are not the property of, or licensed to Us are recognised, acknowledged and respected.
3.License to use website
a)view pages from the Website in a web browser;
b)download pages from the Website for caching in a web browser;
c)print pages from the Website.
3.2.You must not, and you must not allow another person to:
a)republish, redistribute, reproduce, duplicate, copy, translate, transmit, broadcast, sell, rent or sub-license or otherwise use material from the Website, including use or publication on another website without Our express written consent;
b)frame or embed any part of the Website on other websites without Our express written permission;
c)use any material on the Website for a commercial purpose;
d)attempt to edit, modify, amend or decompile any material on the Website;
e)conduct any data collection (whether automated or not) including but not limited to data scraping, data mining, data extracting and data harvesting;
f)access or use the Website in any way that causes, or may cause, damage to the Website or its hosting servers or networks; or that impairs or interferes with of the availability or impairment of the performance, availability or accessibility of the Website;
g)use the Website tto 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;
h) conduct any manual, systematic or automated collection of data (including without limitation to scraping, data mining, data extraction and data harvesting);
i)use data from our website to contact any individuals, companies or other persons or entities except Flostream;
j)send any direct marketing material to Flostream or (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
3.3We reserve the right to restrict access to areas of the Website, or the whole Website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the Website.
4.User generated content
4.1If a user has the ability to provide any content to the Website, for example providing a review or comment; or participating in any discussion, upload images, videos, audio files to share with others, then that user:
a)grants Us a worldwide, unconditional, non-exclusive, fully transferrable, royalty-free, perpetual, irrevocable licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence Your uploaded content for the purposes of operating and promoting the Website.
b)acknowledge and accept that uploaded content may be available for general and unrestricted access over the internet;
c)warrants and represents to Us that the content does not infringe any rights or privileges of intellectual property, privacy or contract;
d)may request, in writing that any uploaded content is removed, however where We agree, due to caching or references to the uploaded content removal or deletion may not be made immediately or possible from sources beyond our control, including search engines.
4.2Without 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 remove any or all of your content.
5.Liability and limitations
a)To the extent that access to Our Website is provided free-of-charge We will not be liable for any loss or damage of any nature, irrespective of the basis behind a claim and if You are dissatisfied with any aspect of the Website then Your sole and exclusive remedy is the discontinuation of Your use of the Website.
b)To the extent that the content of the Website is for information purposes only and We do not offer advice in relation to the selection or suitability of services that may be available, any subsequent purchase or use of our services is at Your sole discretion; We will not be liable for any consequential, indirect or special loss or damage, loss of profit, income, revenue, anticipated savings, contracts, business, goodwill, reputation, data, or information as a result of any decision made by You.
c)To the extent that We will make all reasonable endeavours to maintain continuous and secure access to our Website, the operation and availability of the Website may be interrupted as a result of routine or necessary updates and maintenance; or interfered with beyond our control and We give no warranties or guarantees in respect of Your ability or inability to access the Website or the downloading of damaged or corrupt data.
d)To the extent that We have no control over the content on a website that is linked to, or accessed via a link on this Website We will not be liable for such content on an external website.
e)To the extent that technology and equipment can function incorrectly or fail to function at all, the operation and availability of the Website may be interrupted or interfered with beyond Our reasonable control and We cannot give any warranties or guarantees of continuous or uninterrupted access nor shall We be liable for any loss or damage, whether financial; loss of savings or opportunity; or corruption of any data resulting from Your inability to access the Website.
f)To the extent that such matters are beyond out reasonable control, We shall not be liable for any loss or damage resulting from a Force Majeure (A force of nature or ‘Act of God’) or conditions which do not arise as a result of a breach of a duty of care or negligence, including but not limited to adverse weather, war, strikes, fires, floods. Governmental restrictions, power failures, failure of suppliers, sub-contractors or carriers.
g)To the extent that the transmission of data through the internet is inherently insecure, We will use every reasonable endeavour to ensure the integrity and security of the data and our equipment but We shall be under no liability for non-receipt or misrouting of data or that the data You receive has not been interfered with. You are encouraged to provide Your own additional security software but the compatibility, effectiveness and updating of that software is Your sole responsibility.
h)To the extent that it is necessary for Us to update and upgrade the underlying software and equipment used to make the Website accessible via the internet to maintain security and keep up with technological advances which may result in Downtime, You shall hold Us harmless and fully indemnify Us against any claims, losses or damages resulting from downtime.
i)To the extent that We do not know the software or apps that are installed on the device You use to access the Website We are not able to guarantee that upgrades or updates are compatible with any third party scripts, code, software or apps that You upload or install and You shall hold Us harmless and fully indemnify Us against any claims, losses or damages resulting from compatibility issues.
6.Breaches of these terms and conditions
6.1.In the interest of keeping visitors safe We may use any method available to Us, including technical and legal to prevent or remedy a breach of these terms. Unauthorised use of this Website may give rise to a claim for damages or be a criminal offence.
6.2.We may suspend or prohibit, block or restrict access to the Website or a part of our Website and You must not take any action to circumvent such suspension, prohibition or blocking (including without limitation creating or using a different account).
7.1.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.
7.2.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.
8.Third party rights
8.1.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 and the Contract (Rights of Third Parties) Act 1999 shall not apply.
8.2.The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
9.Law and jurisdiction
9.1.These terms and conditions shall be governed by and construed in accordance with English law.
9.2.Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.