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GeminiOne™ Secretarial Services Website -
Terms of Use
This Website is operated by GeminiOne™ Secretarial
Services with its trading office at Unit 10
the Chamber, Business Competitiveness Centre, Kimpton Road,
Luton, Bedfordshire, LU2 0SX
("GeminiOne™ "). Your use of the
GeminiOne™ website ("Website") is
governed by these Terms of Use ("Terms"). By accessing
and/ or using the Website, you accept these Terms. If you
do not intend to be bound by these Terms, please do not access
and/ or use the Website.
1. Copyright Licence/ Trademarks
1.1 - All Website content is protected by
copyright of GeminiOne™ or other owner.
1.2 - Subject to this clause 1 and the other
obligations upon you contained in these Terms, GeminiOne™ grants
and you accept a non-exclusive, non-transferable licence to
access and use the Website for the purpose of your own personal
use and/ or your own internal business purposes.
1.3 - You agree to fully
indemnify and to hold GeminiOne™ indemnified from and against
any claim brought by a third party resulting from your use
of the Website and in respect of all losses, costs, actions,
claims, expenses or liabilities whatsoever suffered or incurred
directly by GeminiOne™ in consequence of any breach or non-observance
of these Terms.
1.4 - By uploading, emailing, posting, publishing
or otherwise transmitting content to the Website or submitting
any content to GeminiOne™ , you automatically grant (or warrant
that the owner of such rights has expressly granted) GeminiOne™
a perpetual, royalty-free, irrevocable, non-exclusive right
and license to use, reproduce, modify, adapt, publish, transmit
and distribute such content in any form, medium, or technology
now known or later developed. In addition, you warrant that
all so-called moral rights in the content have been waived.
1.5 - The trademarks,
logos, and service marks ("Marks") displayed on
this Website are the property of GeminiOne™ or other third
parties. You are not permitted to use the Marks without the
prior written consent of GeminiOne™ or such third party which
may own the Marks.
1.6 - GeminiOne™ reserves the right to revoke
your licence to use this Website at any time, and any such
use shall be discontinued immediately upon written notice
from GeminiOne™ .
2. Restrictions Upon Copying
2.1 - Permission is granted to display,
copy, distribute and download the materials on this Website
for personal, informational, and non-commercial use only,
provided that you do not modify the materials and that you
retain all copyright and other proprietary notices contained
in the materials. You must not use any illustrations, photographs,
video or audio sequences or any graphics separately from any
accompanying text. Our status (and that of any identified
contributors) as the authors of material on our Website must
always be acknowledged.
2.2 - The supply of any copy of Website
content to a third party is not permitted and you agree that
you will not supply any Website content to any third party.
2.3 - Copying of Website content is permitted
only in accordance with these Terms. You may not otherwise
copy, reproduce, distribute, edit or amend Website content
or otherwise incorporate Website content into any other publication
or work in any form of media. Any request to copy Website
content outside the scope of the licence granted in these
Terms should be emailed to info@geminione.co.uk.
GeminiOne™ reserves its right to refuse to grant any such request.
2.4 - The permission granted under this
clause 2 and your right to use the Website will terminate
automatically if you breach any of these Terms. Upon termination,
at GeminiOne™ option, you must immediately destroy any downloaded
or printed materials.
3. Information Service Provision
3.1 - GeminiOne™ reserves
the right at its discretion to refuse at any time without
notice to:
3.1.1 - Accept any registration; or
3.1.2 - Provide access to the Website.
3.2 - The Website is intended normally to
be available 24 hours a day and 7 days a week. GeminiOne™ will
not be liable for any failure to achieve this level of availability.
3.3 - The Website may be suspended temporarily
and without notice in circumstances of system failure, maintenance
or repair and for other reasons beyond the control of GeminiOne™
and GeminiOne™ will not be liable for such suspension for any
period
3.4 - You agree that GeminiOne™ may, in its
sole discretion, at any time terminate your access to the
Website and any account(s) you may have in connection with
the Website.
4. Obligations and Restrictions
4.1 - You will operate, at your own expense,
a terminal or personal computer system, modem, telephone access
and communication software and any other facilities required
for accessing the Website. GeminiOne™ will not be liable for
any loss or damage howsoever arising resulting from any acts
or omissions of you or of any service provider or other person
through whom you may access the Website.
4.2 - GeminiOne™ will make all reasonable
attempts to exclude viruses (and similar destructive devices)
from the Website but cannot guarantee the exclusion of viruses
(and similar destructive devices) and you should, therefore,
take appropriate steps in respect of this risk.
4.3 - You will keep confidential any password(s)
or username(s) allocated to you and agree not to disclose
any such password(s) or username(s) to any third party. You
are fully responsible for all activities that occur under
your password(s). You agree to notify GeminiOne™ immediately
of any unauthorised use of your password(s).
4.4 - You warrant (and you indemnify GeminiOne™
for any breach of that warranty) that your use of and activities
upon the Website will not:
4.4.1 - be false, inaccurate or misleading;
4.4.2 - publish on the Website any offensive
or menacing, abusive or libellous, defamatory, obscene,
inflammatory, pornographic or profane material or any material
that could constitute or encourage conduct that would be
considered a criminal offence, give rise to civil liability,
or would otherwise violate the law. GeminiOne™ assumes no
responsibility or liability arising from the any postings
by you or third parties contained in its Website or inaccuracy
contained in any information within our Website.
4.4.3 - infringe any third party's copyright,
patent, trademark, trade secret or other proprietary rights
or rights of publicity or privacy;
4.4.4 - be fraudulent;
4.4.5 - be in breach
of any applicable laws or regulations, licences or third
party rights;
4.4.6 - constitute unsolicited bulk e-mail,
"junk mail," "spam" or chain letters;
4.4.7 - cause GeminiOne™
to lose (in whole or in part) the services of any partner,
internet service provider or other supplier;
4.4.8 - interfere in any way with the proper
working of the Website (which includes, without limitation,
introducing viruses, trojans, worms, logic bombs or other
material which is malicious or technologically harmful)
and in particular you must not circumvent security, tamper
with, hack into or disrupt the operation of the Website
or surreptitiously intercept, access without authority or
expropriate any system, data or personal information as
defined in the Data Protection Act 1998. We will not be
liable for any loss or damage caused by a distributed denial-of-service
attack, viruses or other technologically harmful material
that may infect your computer equipment, computer programs,
data or other proprietary material due to your use of our
Website or to your downloading of any material posted on
it, or on any website linked to it; and
4.4.9 - cause the Website
to be interrupted, damaged, rendered less efficient or such
that the effectiveness or functionality of the Website is
in any way impaired.
4.5 - You shall not distribute or otherwise
publish any content containing a solicitation of funds, promotion,
advertising, solicitation for goods or services, or other
commercial matter.
4.6 - You agree not to
solicit other users of the Website to use or join or become
members of any commercial online or offline service or other
organisation.
4.7 - Except where expressly
authorised by GeminiOne™ , you agree not to collect or store
personal data about other users.
4.8 - You are also responsible
for ensuring that all persons who access our Website through
your internet connection are aware of these Terms, and that
they comply with them.
5. Updating Website Information
5.1 - Website information (including without
limitation database information, these Terms and the GeminiOne™
Privacy Policy) may be updated at any time and you are required
to read the current information each time you access the Website.
6. Disclaimer
6.1 - Website information is provided for
general information purposes only and does not constitute
bespoke advice that is suitable for any individual or organisation.
Although the information is considered to be accurate at the
time of publication, and is reviewed periodically, you are
responsible for checking the accuracy of information before
taking or refraining from any action based upon it.
6.2 - GeminiOne™ makes no warranties, representations
or undertakings about any Website content (including, without
limitation, as to its quality, accuracy, completeness or fitness
for any particular purpose) or any content of any other website
linked to it.
6.3 - Subject to clause 6.4, in no event
shall GeminiOne™ or its suppliers or partners be liable for
any of the following losses arising out of the use or inability
to use this Website or any of GeminiOne™ services, damages
resulting from use of or reliance on the information presented
on this Website, whether based on warranty, contract, tort
or any other legal grounds even if GeminiOne™ or its suppliers
have been advised of the possibility of such damages, such
losses to include:
6.3.1 - Any liability
for any direct, indirect or consequential loss or damage
incurred by any user in connection with our Website or in
connection with the use, inability to use, or results of
the use of our Website, any websites linked to it and any
materials posted on it, including, without limitation any
liability for:
6.3.2 - loss of income or revenue;
6.3.3 - loss of business;
6.3.4 - loss of profits or contracts;
6.3.5 - loss of anticipated savings;
6.3.6 - loss of data;
6.3.7 - loss of goodwill;
6.3.8 - wasted management
or office time; and
6.3.9 - for any other loss or damage of
any kind, however arising and whether caused by tort (including
negligence), breach of contract or otherwise, even if foreseeable.
6.4 - Clause 6.3 does not affect our liability
for death or personal injury arising from our negligence,
nor our liability for fraudulent misrepresentation or misrepresentation
as to a fundamental matter, nor any other liability which
cannot be excluded or limited under applicable law.
7. Linking
7.1 - No links to this Website may be used
without GeminiOne’s written permission. If you wish
to provide a link to the Website please email your request
to info@geminione.co.uk
with full details.
7.2 - GeminiOne™ reserves all rights in respect
of links including without limitation the right to determine
the size and positioning of the link and that any link is
to the Website homepage.
7.3 - Links from the Website are provided
for your convenience only and do not represent GeminiOne’s
endorsement of or affiliation with the linked website or the
website’s owners (or their products or services). You
access any such links entirely at your risk. Any such linked
websites are not under the control of GeminiOne™ and we are
not responsible for the contents of any linked website or
any link contained in a linked website. GeminiOne™ accepts
no responsibility for them (including, without limitation
for the selection, performance or use of these products or
companies) or for any loss or damage that may arise from your
use of them. There are dangers inherent in the use of any
software found on the internet and GeminiOne™ assumes no responsibility
with regard to the performance or use of these products. It
is up to you to take precautions to insure that whatever you
select for your use is free of viruses and other items of
a destructive nature.
8. Limitation of Offer
8.1 - GeminiOne™ makes
no offer to supply any goods and/or services through the Website.
8.2 - Any request for
goods or services made by you is subject to express acceptance
by GeminiOne™ in accordance with applicable terms.
9. Email
9.1 - As email is insecure,
GeminiOne™ does not warrant, guarantee or undertake that any
message sent to or from you will be secure or will not be
intercepted and read.
10. Data Protection
10.1 - Information provided to GeminiOne™
is used in accordance with applicable data protection legislation
and the GeminiOne 's™ Privacy
Policy.
11. Monitoring
11.1 - GeminiOne™ , its affiliates and agents
are entitled, but not obliged, to review or retain your communications
while you are visiting the Website. GeminiOne™ may monitor
your communications to evaluate the quality of service you
receive, the security of the service, or for other reasons.
You agree that GeminiOne’s monitoring activities will
not entitle you to any cause of action or other right with
respect to the manner in which GeminiOne™ monitors your communications.
In no event will GeminiOne™ be liable for any costs, damages,
expenses or any other liabilities incurred by you as a result
of GeminiOne’s monitoring activities.
12. Entire Agreement
12.1 - These Terms:
12.1.1 - represent the whole agreement
and understanding between GeminiOne™ and you in respect of
the matters referred to herein; and
12.1.2 - shall, except
in the case of fraud, override and no reliance shall be
placed upon any other verbal or written representations,
warranties or understandings in respect of the subject matter
of these Terms.
12.2 - The remedies available to you are
exclusively those available under these Terms.
12.3 - You acknowledge
that by using the Website you have expressly agreed the provisions
of this clause 12.
13. General
13.1 - GeminiOne™ reserves the right to vary
these Terms from time to time and you accept the varied Terms
if you continue to use the Website after variation.
13.2 - If any provision
of these Terms is held to be void or unenforceable in whole
or in part, the Terms shall continue to be valid as to all
other provisions and the remainder of the affected provision.
13.3 - The Website services are provided
from England, irrespective of your location.
13.4 - None of the provisions
of these Terms are intended to or will operate to confer any
benefit pursuant to the Contracts (Rights of Third Parties)
Act 1999 on a person who is not a user of this Website.
14. Applicable Law
14.1 - These Terms shall be governed by
and construed in accordance with English law and each party
to these Terms submits to the exclusive jurisdiction of the
English courts.
15. Enquiries
15.1 - For general enquiries or if you experience
problems with the Website or have any comments please email
info@geminione.co.uk
or contact Eunice Tawney T/A GeminiOne™ Secretarial Services,
Unit 10, the Chamber, Business Competitiveness Centre, Kimpton
Road, Luton, Bedfordshire, LU2 0SX.
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