Terms and Conditions of use for this website
1. Purpose
This document and the attachments referred to below constitute a legally binding agreement between you and Frost & Reed Ltd ("Frost & Reed", we" or "us") which operates the Internet website with the domain name www.frostandreed.co.uk and/or www.frostandreed.com and/or any associated Frost & Reed site. It sets out your rights and obligations and those of Frost & Reed Limited in relation to (i) your access to the Site; (ii) your use of the Site; (iii) any communications sent to you via the Site, or from or on behalf of Frost & Reed; (iv) all information, products, software, services, features and materials contained on or offered in conjunction with the Site.
By accessing the Site you accept without limitation or qualification all of the terms and conditions in this Agreement (as defined below) and any subsequent amendments or variations as we, in our sole discretion, may make from time to time. "Agreement" means this document and any schedule, appendix or other document referred to in this document, by way of illustration only, using a hyperlink.
2. Variation
We may, at our discretion, vary or amend from time to time this Agreement. All such amendments or variations will be effective immediately upon posting of such amended or varied document on the Site or once such amendment or variation is otherwise notified to you. The amendment or variation shall apply to your use of the Site and to any services offered to you upon such posting or notification.
Except as provided for in the preceding paragraph this Agreement may otherwise not be amended or varied except in writing signed by both parties.
3. The Site
3.1 Users
Anyone who accesses the Site is a User (a "User"). Users are free to contact us using the email addresses shown on the Site or the Online Contact Form. As a User, you will be able to access material on all areas of the Site subject to the Agreement.
3.2 Contacting Us
Online submission by you of the Online Contact Form or other communication to us confirms your agreement to the provisions of this Agreement.
3.3 User Information
By submitting an Online Contact Form or by emailing or communicating with us you warrant that all the information submitted to us ("User Information") is true and accurate in all respects and you have the authority and capacity to complete the form, send the email or communicate with us. You agree to notify us immediately in writing of any changes in User Information. You are solely responsible for the User Information.
If you provide us with an email address that will result in any emails we may send you being sent to you via a computer network operated by or on behalf of your employer (or similar) then you are warranting that you are entitled to receive emails at that address. You also agree that we may refrain from sending you any emails to such address without notifying you, even if you have asked to receive them, if we receive a request from your employer to stop sending emails to that address.
3.4 System Integrity
You undertake to us that you will not use and that you will not permit the use of any device, software or programming routine that interferes or attempts to interfere with the working and functionality of the Site. You undertake not to take or permit the taking of any action that (in our sole discretion) imposes an unreasonable or disproportionately large load on our infrastructure.
You agree that you will not use any robot, spider, other automotive device or manual process to monitor or copy our web pages or the content contained on the Site without our prior written consent.
4. Use of the Site
4.1 Content
The Site may include facts, views, opinions and recommendations of individuals and organisations. We do not guarantee the accuracy, completeness or timeliness of, or otherwise endorse, these views, opinions or recommendations.
The content on the Site, including any research does not constitute any form of advice, recommendation or arrangement by us and is not intended to be relied upon by Users.
We, in our sole discretion, may add, delete or change some or the entire Site at any time. The content, including listings and articles for sale, contained in the Site is presented for informative purposes only. We reserve the right to remove or vary such listings or articles for sale at any time. The content should not be considered complete nor should it be relied upon.
When using the Online Contact Form or when otherwise contacting us to obtain further information or advice about the listings, articles for sale or any other matter you agree that the information or advice provided by us may not be complete. We can give no guarantees or warrantees as to the accuracy or fitness for purpose of the information or advice we give. Please see the disclaimer at clause 8.3 below.
4.2 Proprietary information
You acknowledge and agree that the materials used and displayed on the Site including but not limited to text, music, software, sound, photographs, graphics, video, page layout and design, illustration and artwork, names, logos, trademarks, service marks and all other materials are the property of Frost & Reed Limited and/or its licensors and/or other individuals and entities, and are protected by copyright trademark and other laws.
You agree not to modify, copy, reproduce, re-publish, upload, post, transmit, rent, loan, sell, lease, license, sub-license or distribute any material on the Site or create in any way content and/or derivative works based on the content of the Site or the Site itself or services provided by, or on behalf of Frost & Reed Limited in whole or in part without our prior written consent except for personal use. Personal use means non-commercial domestic use by an individual involving the making of only single copies of each digital image.
5. Updates by Email
In the future, we may give you the option to subscribe to our email service ("Updates by Email") which will update you on events organised by us on other events, news or articles which we consider to be of interest to you. Your use of the content received through the email information service will be subject to this Agreement.
6. Links to third party sites
Third parties or we may provide links to other web sites or resources. These links are provided solely as a convenience to you and are not an endorsement by us of the contents of such third party web sites. We have no control over such sites and resources and you acknowledge and agree that we are not responsible for the availability of such external sites or resources and do not endorse and are not responsible or liable for any content, advertising, product, services or other materials on or available from such sites or resources.
You further acknowledge and agree that we shall not be responsible or liable directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance of any such content, goods or services on or available through any such site or resource. If you decide to access linked third party web sites you do so at your own risk. Any concerns regarding any external links should be directed to its respective site administrator or web master.
7. Privacy
You are asked to read our Privacy Policy, which forms a part of this Agreement and sets out the way in which we handle your personal data.
8. General
8.1 Termination of this Agreement
We reserve the right to terminate this Agreement forthwith if you are or appear to be in breach of any of the provisions of this Agreement, including the provision of false User Information or other misuse of the services offered through this Site.
Either party may terminate this Agreement with or without cause by providing 30 days advance written notice to the other
8.2 Indemnity
You agree to pay, indemnify, and hold Frost & Reed Limited (and its directors, officers, employees and agents) harmless from any and all liabilities, obligations, losses, damages, penalties, actions, judgements, suits, costs, expenses or disbursements of any kind or nature whatsoever with respect to:
(1) Any third party claim, action or allegation of infringement, misappropriation, or violation of copyright, trademark or other proprietary rights of any third party based on any content submitted by you;
(2) any breach of this Agreement by you;
(3) any third party claim action or allegation brought against Frost & Reed Limited arising out of or in relation to a dispute between Users or in relation to your use or misuse of the Site; and/or
(4) any action taken by Frost & Reed Limited under your instructions in relation to the use of the Site.
8.3 Disclaimer of Warranties
Your use of the Site and any services (including but not limited to the provision of content on the Site) offered on or in connection with your use of the Site is at your sole risk. Services and content are provided on the Site on an "as is" and "as available" basis. We, to the fullest extent permitted by law, disclaim all warranties, including but not limited to warranties of title, fitness for a particular purpose, merchantability and non-infringement of proprietary or third party rights. We make no warranties about the accuracy reliability, completeness or accuracy of the material, services, software, text, graphics, and links.
We make no warranty that:
(1) the service will meet your requirements;
(2) the service will be uninterrupted, timely, secure or error free; or
(3) the quality of any services information or other material obtained by you through your use of the Site will meet your expectations.
If your use of the Site will require your replacing equipment or data you will be responsible for the costs of such replacement.
Your use of the Site and services offered in connection with the Site is at your own risk. If you are dissatisfied with any part of the services offered through the Site or with this Agreement or any other rules or policies your sole remedy is to discontinue use of the Site.
8.4 Limitation of Liability
You expressly understand and agree that we shall not be liable for any direct (other than for death or personal injury arising directly form use of the Site), indirect, incidental, special, consequential or exemplary damages including but not limited to, loss of profits, goodwill, use, data or intangible losses (even if we have been advised of the possibility of such damages) resulting from:
(1) the use or the inability to use the Site or any service provided in connection the Site;
(2) the cost of procurement of substitute and services resulting from any, data, information, services purchased or obtained and messages received and transactions entered into through or from the Site;
(3) unauthorised access to or alteration of your transmissions or data;
(4) statements or conduct of any User or third party in relation to the Site; or
(5) any other matter relating to the Site or service provided in connection with the Site.
Some jurisdictions do not allow the exclusion of certain warranties with a limitation or exclusion of liability for incidental or consequential damages. Accordingly some of the above limitations of this section 8.4 may not apply to you.
8.5 No Association
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between Frost & Reed Limited and you or any User is intended or created by this Agreement.
8.6 No Assignment
You may not assign your rights or delegate (or sub-contract) your duties under this Agreement.
8.7 Suspension or Discontinuance of Service
Frost & Reed Limited may suspend or discontinue the Site with or without cause and with or without notice.
8.8 Force Majeure
Frost & Reed Limited shall not be liable for any failure to perform its obligations under this Agreement if such failure results from any act of God or other cause beyond its reasonable control (including without limitation, any mechanical, electronic or communications failure)
8.9 Entire Agreement
This Agreement (as amended from time to time) comprises the entire agreement between you and Frost & Reed Limited and governs the use of the Site and any services provided to you in connection with the Site. It replaces and voids any prior agreement between you and Frost & Reed Limited, whether written or verbal, in relation to the Site or any services provided to you in relation to the Site. You may also be subject to additional terms and conditions when you use affiliate or other Frost & Reed Limited services, third-party content or third-party software.
We make no claims that the Site is appropriate for any particular purpose or audience, or that it may be downloaded outside of the United Kingdom. Access to the Site or use of the Site may not be legal by certain persons in certain countries.
8.10 Severability
Each provision of this Agreement excluding or limiting liability shall be construed separately, applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
8.11 No waiver
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
8.12 English law
All legal issues arising from or related to the use of the Site or any services provided in relation to the Site shall be construed in accordance with and determined by the laws of England and you hereby agree to submit to the exclusive jurisdiction of the English Courts.
Frost & Reed Limited is a company registered in England and Wales under number 2422807.
Privacy Policy
We want you to know that we respect the privacy of every individual who visits the Site and every individual who contacts us or completes an Online Contact Form. We set out below what information we learn about you when you visit the Site, what we do with that information, and how you can change the information we have.
What information do we collect and how do we use it?
When you visit the Site, We will see your e-mail address only if you fill out the Online Contact Form, send us an e-mail message or send us your email address.
If you provide personally identifiable information about yourself such as your name, address, telephone number ("Personal Information") by completing an Online Contact Form, by emailing us or by voluntarily telling us about yourself or your activities, we will collect and retain that Personal Information.
If you complete the Online Contact Form or send us an email we will use the Personal Information you submit to provide the information you have requested or we believe will be of interest to you. If you have asked us to contact you with advice or information, we will use your Personal Information to contact you in the manner (if any) specified on the Online Contact Form or communication from you.
We may also use your Personal Information to contact you occasionally to notify you about important changes to the Site, new services we will be providing events or articles we think will be of interest to you. [We may also send you our regular Updates by Email]. We will only do this if requested by you.
Protection of Personal Information
As required by the UK Data Protection Legislation, we follow strict security measures in the storage and disclosure of Personal Information to prevent unauthorised access.
Disclosure
We may also disclose your Personal Information to third parties where you request certain services or information through the Site. If those services are provided by a third party that third party may need to have your Personal Information in order to fulfil your request and you consent to the transfer or your Personal Information for the purposes of fulfilling your request.
We do not sell, trade or rent Personal Information to third parties.
Consent
By using the Site you consent to our collection and use of your Personal Information as stated above. If we decide to change our privacy policy, we will post a notice to that effect on the Site and such change will be effectual from the date on which that notice is posted.
Use of Images of this website
Please note that all images created for this site by Frost & Reed Limited and used on this site are the copyright of Frost & Reed Limited. Other images used are free from copyright or have been obtained with the permission of the owner.