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GeminiOne™ Secretarial Services Website - Terms of Use
This Website is operated by GeminiOne™
Secretarial Services with its trading office at 6th Floor, Hamilton House, 111 Marlowes, Hemel Hempstead, HP1 1BB.
("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.
12.3 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 Alexius T/A GeminiOne™ Secretarial Services, 6th Floor, Hamilton House, 111 Marlowes, Hemel Hempstead, Hertfordshire, HP1 1BB. |