AJW Construction Web Site User Terms
1. These User Terms
In accordance with the following user terms ('User Terms'), AJW Construction Limited, its subcontractors, agents, and/or representatives ('AJW') grants you as an authorised user ('Authorised User' or 'you') of this AJW Web Site ('Web Site') certain rights (as set out below) and in return you agree to perform certain obligations.
Please read these User Terms carefully. They are a legal document and, by your continued use of the Web Site, you agree to be bound by these User Terms. In particular, you agree that you have read and understood the following Clauses:
Clause 6 - Your Responsibilities
Clause 7 - Consent to use Your Personal Information
Clause 8 - Limitation of Liability
If you do not agree with these User Terms and do not wish to be bound by them, please exit this Web Site and do not use the Web Site in the future.
Licence to Use Material on Web Site
AJW grants to you a personal, non-exclusive, non-transferable, royalty-free licence to use all the material on the Web Site (including but not limited to: software, documentation, text, pictures, sounds, graphics, articles, video or audio clips, and advertising material) ('AJW Material') on the basis set out in Clause 2.2.
You are entitled to access, download and transmit (for the purposes expressly permitted in these User Terms) and store the AJW Material for your own personal, non-commercial use provided that you do not:
remove any notices relating to the ownership of copyright or other Intellectual Property Rights (as defined in Clause 3.1 below) in the AJW Material;
modify, translate, reverse engineer, reproduce, decompile, disassemble (except as expressly permitted by law) or create derivative works of any of the AJW Material;
rent, lease, sub-licence, loan, copy or give or transfer any rights in the AJW Material in any form, to any person or entity without the prior written consent of AJW.
Ownership of Intellectual Property Rights
Notwithstanding the limited rights granted to you in accordance with Clause 2, AJW, or AJW's suppliers, subcontractors and agents (collectively 'AJW Contractors') (as applicable) shall retain all ownership, title and interest in the intellectual property rights contained in the AJW Material (including but not limited to copyright, database rights, trade marks, patents, service marks, design rights (whether registerable or otherwise) know-how, trade or business names, domain names, goodwill associated with any of the foregoing and other similar rights or obligations whether registerable or not in any jurisdiction in the world ('Intellectual Property Rights').
You agree that any material (including any Intellectual Property Rights in such material), including but not limited to chat services, bulletin boards or articles submitted for publication on the Web Site or in using any of the Web Site Services ("User Generated Content") may be retained as the property of AJW. "Web Site Services" is defined in Clause 5.2 below. AJW shall have no obligations with regard to the User Generated Content to monitor the User Generated Content to ensure that it complies with applicable laws or regulations. You remain solely responsible for the User Generated Content in accordance with Clause 6.
Duration of User Terms and Termination
These User Terms are binding upon you immediately. You accept them by your use of this Web Site, and they will remain in force until the earlier of the following:
you breach any of the terms of the licence granted to you in accordance with Clause 2;
AJW terminates these User Terms by notice to you at any time in accordance with Clause 9.2; or
you terminate these User Terms by notice to AJW at any time in accordance with Clause 9.1.
In the event that these User Terms are terminated for any of the reasons stated above you agree to comply with the following obligations:
the licence granted to you in accordance with Clause 2 shall be terminated forthwith and you shall have no further rights to use the AJW Material;
you must delete or destroy any of the AJW Material stored by you in electronic or hard copy form as soon as reasonably practicable; and
you will have no further rights to access or use the Web Site or the Web Site Services.
AJW undertakes to use commercially reasonable endeavours to prevent breaches of security of the Web Site.
AJW makes no representation or warranty that the Web Site or services offered via the Web Site will be accessible, or useable by you or error free.
AJW reserves the right, without notice to you, to remove any AJW Material from the Web Site or to suspend or alter the operation of the Web Site or any Web Site Services, at its sole discretion or for legal or technical reasons. AJW will give you as much notice as possible prior to taking any of the actions described in this Clause 5.3, but prior notice may not always be feasible for a variety of reasons.
You agree that you are responsible for the security and use of any user names or passwords needed to access or use the Web Site or any Web Site Services. You must take all reasonable steps to ensure that these user names and passwords are kept confidential and secure and you do not allow any unauthorised person to access the Web Site or any of the Web Site Services using your user name or password.
You agree that you will not use the Web Site or any of the Web Site Services as follows:
to send, receive, upload, download, store, use, distribute or publish any material that is offensive, abusive, indecent, defamatory, obscene, or in breach of any other person's Intellectual Property Rights or breaches any obligation of confidentiality by which you are bound;
to send or distribute multiple unsolicited e-mails or messages ('Spam') or to cause any other person annoyance, inconvenience or worry; and
for any purposes connected to any business, including sending any unsolicited advertisements or promotional material.
You agree to indemnify AJW against any claims, costs, expenses or legal proceedings caused as a result of your use of the Web Site or Web Site Services in contravention of Clauses 6.1 and 6.2, further in these circumstances, AJW shall be entitled to treat the contravention as a material breach of these User Terms and terminate the User Terms and any access permission granted to you by AJW forthwith, without notice to you.
Consent to Use Your Personal Information
For the purposes of the Data Protection Act 1998, you acknowledge that in the course of registering and using this Web Site and the Web Site Services, certain personal information or data about you will be captured electronically or otherwise and transmitted to AJW and/or AJW Contractors. By accepting these User Terms, you expressly agree to transfer such personal information or data to AJW or AJW Contractors to use, store and process the personal information for the purposes of providing the services offered on this Web Site, or any other connected AJW Web Sites.
For the purposes of the Data Protection Act 1998, you further agree that AJW or an AJW Contractor involved in the provision of the services offered via this Web Site, may send your personal data outside of the European Economic Area for processing.
You may revoke the consents given above in Clauses 7.1 and 7.2 by giving notice to AJW in accordance with Clause 9.1, but in those circumstances you must exit the Web Site and will have no further rights to access the Web Site or use the Web Site Services.
Limitation of Liability
AJW does not limit its liability for death or personal injury to the extent only that it arises as a result of the negligence of AJW, its employees, or AJW Contractors, and the remainder of this Clause 8 shall not apply to such liability.
To the extent that AJW is deemed by a court of competent jurisdiction to have any liability to you in contract, tort (including negligence) or otherwise in relation to this Web Site or the Web Site Services, AJW's entire liability shall be limited to £1,000 for any one incident or series of related incidents and up to £2,000 for all incidents in any period of 12 months.
AJW shall not be liable to you in contract, tort, negligence (other than fraudulent or negligent misrepresentations) or otherwise for:
any economic loss, (including without limitation, loss of revenue, business, contracts, profits or anticipated savings);
any loss of goodwill or reputation;
any loss of data; or
any special, indirect or consequential loss.
The express terms of these User Terms are in lieu of all warranties, conditions, undertakings, terms, and obligations implied by statute, common law, usage, course of dealing or otherwise, all of which are excluded to the fullest extent permitted by law.
The Web Site may contain links to third party web sites which are controlled and operated by parties other than AJW. The links will let you leave the Web Site and AJW is not responsible for the contents of any linked site or any link contained in a linked site. The inclusion of any link on the Web Site does not imply endorsement by AJW of the linked site. If you decide to access linked third party web sites, you do so at your own risk.
You may send a legal notice to AJW, or any questions you may have concerning these User Terms by e-mail to firstname.lastname@example.org, or by writing to us at Enquiries@ajwconstruction.co.uk, 2 Clobb Farm, Bucklers Hard Road, Beaulieu, Brockenhurst, Hart SO42 7XE. Such notices will be effective within 3 days of receipt by AJW.
AJW may send you notice by general notice on this Web Site, by e-mail to your e-mail address on record with AJW, or by post to the geographical address on record with AJW. Such notice will be effective if sent by e-mail or posted on the Web Site, 1 day from the date it was sent or posted on the Web Site. If sent by regular post, it will be effective 3 days after posting by AJW.
For the purposes of Clauses 1.4, 1.5, 3, 6.3, 7, 8 and 10.8 of these User Terms, AJW shall mean any AJW Group Company which means, an AJW subsidiary or holding company, or a subsidiary of that holding company all as defined by Section 736 of the Companies Act 1985, as amended by the Companies Act 1989
These User Terms form the entire agreement between you and AJW and supersede any other oral or written communications, agreements or representations with respect to your use of this Web Site and Web Site Services.
AJW reserves the right to add to or change the terms of these User Terms in its sole discretion without prior notice to you. All changes to the User Terms will be effective once posted on the Web Site. AJW will provide notice of the changes to the User Terms for 30 days after posting the amended User Terms on the Web Site. Your continued use of the Web Site or the Web Site Services following AJW's posting of such changes will be regarded by AJW as acceptance of the amended User Terms. If you do not agree to be bound by the amended User Terms you should exit the Web Site and not access or use the Web Site in the future.
Nothing in these User Terms affects your statutory rights as a consumer.
If any part of these User Terms are held by a court of competent jurisdiction to be unenforceable, the validity of the remainder of these User Terms will not be affected.
You acknowledge that AJW has entered into these User Terms for its own benefit and for the benefit of each AJW Group Company (as defined in Clause 10.1 above) and these User Terms are intended to be enforceable by each AJW Group Company by virtue of the Contracts (Rights of Third Parties) Act 1999.
Subject to Clause 10.6, a person who is not a party to these User Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these User Terms but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
If AJW or any AJW Contractor is unable to perform any obligation under these User Terms because of a matter beyond its reasonable control, including (but not limited to) fire, flood, explosion, war, civil disorder, industrial disputes (whether or not involving its employees), or other disasters or governmental laws and regulations imposed after the fact, or events beyond the reasonable control of AJW or the AJW Contractors, neither AJW nor any AJW Contractor will have any liability for that failure to perform.
Your use of the Internet is solely at your risk and subject to all applicable laws, and AJW has no responsibility for any information, software, services or other materials accessed or obtained by you using the Internet.
Unless otherwise specified on this Web Site, the AKW Materials available on this Web Site are directed solely at those who access the Web Site from the United Kingdom. AJW makes no representation that any AJW Material is appropriate for use elsewhere, or available in any other locations. Those who choose to access this Web Site and the Web Site Services from any other location are solely responsible for compliance with local laws and regulations if, and to the extent, that they are applicable.
These User Terms are governed by the laws of England, and subject to the non-exclusive jurisdiction of the English Courts.
AJW Construction Limited will use the information provided by you in the course of our dealing with you to process your requests and orders and in order to provide a more personalised web-surfing experience.
We may share your information with other members of the AJW Construction group of companies. We may also share your information with certain reputable third parties in order to fulfil your order or request or in order to obtain professional advice. If you would like details of who these companies are, please write to AJW Construction, 2 Clobb Farm, Bucklers Hard, Beaulieu, Brockenhurst, Hart SO42 7XE, United Kingdom.
It is possible that AJW Construction could merge or be acquired by another business. If this happens, we may share the information that relates to you. You will be sent notice of such an event.
This website contains various "opt-out" boxes on the relevant pages where you provide your personal information. If you do not want us to provide your personal information to trusted third parties as may be described on the pages of the Web Site or herein, then you should tick the relevant box(es) on such pages of the Web Site and we will not transfer it to those parties, similarly if you do not want us to send you information as described where relevant, you should tick the opt out boxes and we will refrain from sending you such materials.
Please note that clicking on to links and banner advertisements may result in your transferral to another website, where data privacy practices may be different to that of AJW Construction Limited. Visitors should consult the other websites privacy policies as we are not responsible for, and have no control over, information that is submitted to or collected by these third parties.
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