TERMS OF USE FOR TOMKERRIDGE.COM

 

Index

1. Introduction
2. Information about us
3. Contact us
4. You must keep your account details safe
5. Accessing our website and our right to suspend or withdraw it
6. Intellectual Property Ownership and Content Access
7. How you may use material on our site
8. User-generated content is not approved by us
9. Data protection
10. Our responsibility for loss or damage suffered by you
11. Do not rely on information on this site
12. Uploading content to our site
13. Rights you are giving us to use material you upload
14. Protection against viruses and bugs
15. Force Majeure
16. Links to other websites
17. Rules about linking to our site
18. Other terms

 

1. Introduction

 

1.1 These Website Terms of Use (‘Terms’), together with all information and documents referred to in them, govern your use of this website (the ‘Website’). Use includes accessing, browsing, or registering to use our Website.

1.2 Please make sure you have read these Terms carefully, especially the limitations of our liability, before using the Website.

1.3 By using this Website, you agree to and accept these Terms. You should print a copy of these Terms or save them for future reference.

1.4 We may amend these Terms from time to time. Please review them regularly to ensure you understand the terms that apply each time you use the Website. These Terms were most recently updated in October 2020.

 

2. Information about us

 

This Website is operated by Tom Kerridge Media Ltd, a company registered in England and Wales under company number 08879110 with its registered office at The Mill, Pury Hill Business Park, Alderton Road, Towcester, NN12 7LS

 

3. Contact Us

 

To contact us, please email us at [email protected].

 

4. You must keep your account details safe

 

4.1 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

4.2 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

4.3 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [email protected]

 

 5. Accessing our website and our right to suspend or withdraw it

 

5.1 Our Website is made available free of charge.

5.2 You agree that you will only use the Website for your own personal, non-commercial use.

5.3 We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. Access to our Website is permitted on a temporary basis.

5.4 We may suspend, withdraw, discontinue or change all or any part of our Website without notice. We will not be liable to you if for any reason the Website is unavailable at any time or for any period.

5.5 You are responsible for ensuring that you have all hardware and software necessary in order to access the Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.

5.6 You agree that you will not:

• use the Website to in any way infringe the privacy, intellectual property or other rights of other users of the Website or any third party;
• use the Website in any way that may lead to the encouragement, procurement or carrying out of any criminal or unlawful activity, or cause distress, harm or inconvenience to any other person;
• do anything that may cause damage to the Website or our servers, systems or equipment or those of third parties, nor access or attempt to access any users’ data;
• do anything that subjects the Website, Tom Kerridge Media Ltd, or any subsidiary or affiliate of Tom Kerridge Media to any derogatory treatment or disrepute;
• misuse or do anything that disrupts all or any part of the Website, including but not limited to knowingly introducing software viruses, trojans, worms or other material that may be technologically harmful; or
• state, suggest or in any way give the impression that you have any commercial relationship with us, or that you are our agent or that we have endorsed any submission you may make to the Website.

 

6. Intellectual Property Ownership and Content Access

 

6.1 All copyrights and other intellectual property rights in the artwork, graphics, text, video and audio clips, trademarks, logos and other content available on this Website (“Content”) are owned by us or used with permission.

6.2 Although you can copy any part of this Website to your own computer for your personal use, you may not copy or incorporate any of the Content available on the Website into any other work, including your own website, or use the Content in any other public or commercial manner. You may not post or redistribute any portion of our Website unless you have a license from us to do so. We retain full and complete title to all such Content, including any downloadable software or code, any images incorporated in or generated by the software, and all data accompanying it. You must not copy, modify, reproduce, upload, transmit, distribute, reverse-engineer, disassemble or otherwise convert it to another form.

6.3 You may not change any of the notices regarding copyright, trademarks or other marks that may accompany the Content.

6.4 Unless otherwise specified, all trademarks used on this Website are the property of Tom Kerridge Media Ltd or one of its affiliate companies.

6.5 You are not in any circumstance permitted to:

• use the Content to compile a database of, or re-create the whole or substantial part of the Content by making repeated and systematic copies of insubstantial parts of, any of the Content;
•  alter, modify or circumvent, or attempt to circumvent, any copy protection and/or digital rights management measures within the Website or its content;
• alter or remove any watermarks and/or acknowledgements included in the content on the Website;
• sublicense, sell or rent access to the site or its content or use the Website or its content for any illegal purpose;
• to use the Website to send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms; and
• to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam) using the Website; org. remove, obscure or otherwise tamper with any copyright and proprietary notices that relate to or are contained within the content.

 

7. How you may use material on our site

 

7.1 You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our Website.

 

7.2 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

 

7.3 Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged.

 

7.4 You must not use any part of the content on our Website for commercial purposes without obtaining a licence to do so from us or our licensors.

 

7.5 If you print off, copy or download any part of our Website in breach of these terms of use, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

 

8. User-generated content is not approved by us

8.1 This website may include information and materials uploaded by other users of the site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.

 

9. Data Protection

 

9.1 Any personal data is processed in accordance with our privacy policy which can be found here .

 

10. Our responsibility for loss or damage suffered by you

 

10.1 This will depend on whether you are a consumer or a business user:

10.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

10.3 If you are a business user:

• We exclude all implied conditions, warranties, representations or other terms that may apply to our Website or any content on it.
• We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
• use of, or inability to use, our Website; or
• use of or reliance on any content displayed on our site.
• In particular, we will not be liable for:
  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

10.4 If you are a consumer user:

• Please note that we only provide our Website for domestic and private use. You agree not to use our Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
• If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

 

11. Do not rely on information on this site

 

11.1 The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website.

11.2 Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up-to-date.

 

12. Uploading content to our site

 

12.1 Whenever you make use of a feature that allows you to upload content to our Website, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy which can be found here.

12.2 You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

12.3 Any content you upload to our Website will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our Website a limited licence to use, store and copy that content and to distribute and make it available to third parties.

12.4 We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy

12.5 We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.

12.6 You are solely responsible for securing and backing up your content.

12.7 We do not store terrorist content.

 

13. Rights you are giving us to use material you upload

 

13.1 When you upload or post content to our site, you grant us the following rights in relation to that content:

• a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the service provided by the website and across different media including to promote the Website or the service; and
• a worldwide, non-exclusive, royalty-free, transferable licence for other users, partners or advertisers to use the content in accordance with the functionality of the Website.

 

14. Protection against viruses and bugs

 

14.1 We are not responsible for viruses and you must not introduce them.

14.2 We do not guarantee that our site will be secure or free from bugs or viruses.

14.3 You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

14.4 You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

 

15. Force Majeure

 

15.1 We will not be liable in any way for loss, damage or expense that you incur arising directly or indirectly from any failure or delay in performing any of our obligations under these Terms caused by any circumstances beyond our control, which include but are not limited to vandalism, accident, break down or damage to machinery or equipment, fire, flood, acts of God, strike, lock-out or other industrial disputes (whether or not involving our employees) or legislative or administrative interference.

 

16. Links to other websites

 

16.1 Links on Tomkerridge.com may take you outside of the Tom Kerridge websites. Tom Kerridge Media  accepts no responsibility for the content, accuracy or function of these other third party websites. The links are provided in good faith and Tom Kerridge Media cannot be held responsible for any subsequent change in other third party websites to which we provide a link. The inclusion of any link to other websites does not imply endorsement by Tom Kerridge Media. We highly recommend that you make yourself aware of and carefully read the legal and privacy notices of all other websites that you visit.

16.2 This Website may refer to products or services of third parties or link to third party sites or information. We do not endorse or make any warranties or representations about those products or services and accept no responsibility for the content of websites linked on our Website.

16.3 Any links to other websites are provided for your convenience only.

16.4 We will not be liable for any loss or damage that may arise from your use of them. You need to make your own decision as to whether to use third party products, services and websites. If you purchase any products via a website linked to this Website, your purchase will also be governed by that websites’ terms and conditions of sale.

 

17. Rules about linking to our site

 

17.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

17.2 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

17.3 You must not establish a link to our site in any website that is not owned by you.

17.4 Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

17.5 We reserve the right to withdraw linking permission without notice.

17.6  The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.

17.7 If you wish to link to or make any use of content on our site other than that set out above, please contact [email protected]

 

18. Other terms

 

18.1 Our site is directed to people residing in United Kingdom. We do not represent that content available on or through our site is appropriate for use or available in other locations.

18.2 We may change, modify or revise these Terms at any time. It is your responsibility to check that you have read and agree with the latest Terms on the Website.

18.3 These Terms (and the provision of all products and services by us) are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

18.4 We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.