Terms & Conditions
Access to and use of the Falmouth.co.uk website (the ‘Website’) is provided by Falmouth BID to you (the ‘User’) subject to the following Terms and Conditions (the ‘Terms and Conditions’).
In using this site the User indicates his agreement to be bound by these Terms and Conditions. In agreeing to be bound by the Terms and Conditions, the User agrees to be bound by the Terms and Conditions of the other documents referred to and incorporated into these Terms and Conditions, and the expression ‘Terms and Conditions’ shall be deemed to include these other materials.
Changes to the website
The User acknowledges and accepts that Falmouth BID may from time to time alter any aspect of the Website, or any of the services or products provided through the Website, as it thinks fit and without notice to the User. Further, Falmouth BID may alter the Terms and Conditions at any time without notice. The User accepts that it will have no claim for breach of contract or otherwise in respect of any such alteration.
User Conduct
The User warrants that in its use of the Website it shall:
(a) use the Website only for lawful purposes, and in a manner which does not infringe the rights of, or restrict or inhibit the use of the Website by any third party;
(b) not engage in any conduct which is unlawful, or which may harass or cause distress or inconvenience to any person;
(c) without prejudice to the generality of paragraph (b) above, not upload, post, transmit or distribute any material or information in which the User does not own the intellectual property rights, or any material which is in any way unlawful or which is potentially harmful, threatening, abusive, libellous, pornographic or otherwise obscene, or racially or ethnically or otherwise objectionable; and
(d) not upload, post, transmit or distribute any material or information which contains a computer virus, or other code, files or programs intended or having for effect to disrupt or otherwise adversely affect the operation of the Website or of other Users’ computer systems. Falmouth BID shall be entitled to remove any material or restrict or terminate your access to the Website in the even that any of the above warranties are breached.
Disclaimer
The contents of the Website (the ‘Contents’) are provided to the User by way of general background information only. The User should not rely on the accuracy of any part of the Contents.
The User accepts and acknowledges that Falmouth BID, its officers or representatives of any sort shall not in any way be liable for any damage, loss, costs or expenses arising directly or indirectly from the User’s downloading of any of the Contents from the Web Site, or its reliance on or use of any of the Contents for any purpose.
Without prejudice to the foregoing generality, Falmouth BID hereby excludes, insofar as permitted by law, all warranties and representations, express or implied, in respect of any of the Contents, including but not limited to any information, names, images, pictures, logos and icons forming part of them, including but not limited to warranties of satisfactory quality, fitness for a particular purpose, non-infringement of third party rights or any law, compatibility, security and accuracy.
Hypertext links
The Website and its Contents may incorporate links to the websites and services of third parties. Such links are provided for the User’s convenience only, and their provision does not constitute an authorisation by Falmouth BID to the User to access such third-party websites, nor an endorsement of the content of such third party websites by Falmouth BID.
The User acknowledges and accepts that Falmouth BID is not, and shall not be held responsible for any damages, loss, costs or expenses arising from the use of such third party web sites, or products or services available through such third party web sites.
Copyright
Except where expressly indicated otherwise, copyright in all of the Contents of the Website belongs to Falmouth BID or its third party licensors.
Notwithstanding the foregoing, Falmouth BID hereby authorises you as a User to:-
(a) view and display the Contents;
(b) download the Contents and store them in your computer (for example in the browser’s cache) for a period not exceeding thirty days, provided that the User also downloads this copyright notice; and
(c) print out the Contents, provided that the User also prints an acknowledgement in the form set out below and attaches it to any printed copy of any of the Contents.
Trade marks
The names and logos identifying the Website, Falmouth or Falmouth BID, its products and services are either
(a) proprietary marks of Falmouth BID or (b) marks which Falmouth BID is licensed to use, and nothing in these Terms and Conditions shall confer on the User any licence of any such mark or of any other intellectual property right of Falmouth BID, (subject always to the above provisions relating to copyright).
Termination
Falmouth BID reserves the right to terminate forthwith, or to refuse to permit, the use of the Website by any User, at any time and at Falmouth BID’s absolute discretion.
General
These Terms and Conditions, the Privacy Policy and any other specific terms of use appearing anywhere on the Website constitute the entire agreement of the parties in relation the use of this site, and the Terms and Conditions supersede any other agreements between the parties in this matter.
If any of these Terms and Conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms and Conditions are intended to be effective, then to the extent and within the jurisdiction in which that term or condition is illegal, invalid or unenforceable, it shall be severed and deleted from the Terms and Conditions and the remaining Terms and Conditions shall survive, remain in full force and effect and continue to be binding and enforceable.
The rights of Falmouth BID and the User under these Terms and Conditions may be exercised as often as necessary. They are cumulative and not exclusive of either party’s rights under the general law, and may be waived only in writing. Delay in exercising or non-exercise of any right is not a waiver of that right.
Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of England. Any disputes arising here from shall be exclusively subject to the jurisdiction of the courts of England.
Non-acceptance of the terms and conditions
If you do not accept these terms and conditions in full, you do not have permission to access the Contents of the Website and therefore should cease using the Website immediately.