Website terms of use – Important Legal Notice
These Terms of Use are issued by Gapuma UK Limited (company number 03749478) of The Pinnacle, 160 Midsummer Boulevard, Milton Keynes MK9 1FF, United Kingdom (“Gapuma”), on behalf of itself and each of its group companies. “Gapuma” and the Gapuma logo are trade marks of Gapuma UK Limited. You may contact us regarding these Terms of Use by post or by email to enquiries@gapuma.com.
1. Introduction
1. You may access most areas of our site www.gapuma.com (“Website”) without registering your details with us. Certain areas of the Website may only be available to you if you register.
2. By accessing any part of the Website, you shall be deemed to have accepted these Terms of Use and the Privacy Policy (http://www.gapuma.com/privacy-and-cookies/) in full. If you do not accept these Terms of Use in full, you must leave the Website immediately.
3. Gapuma may revise these Terms of Use at any time by updating this posting. You should check the Website from time to time to review the then current Terms of Use, because they are binding on you. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages at the Website. You should take care to read such supplemental notices, as applicable.
2. Licence
1. You are permitted to print and download extracts from the Website for your own use on the following basis:
1. no documents or related graphics on the Website are modified in any way;
2. no graphics on the Website are used separately from the corresponding text; and
3. Gapuma’s copyright and trade mark notices and this permission notice appear in all copies
2. In particular, but without limitation, you must not use any part of the materials on the Website for commercial purposes without obtaining a licence to do so from us and/or our licensors.
3. Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website (including without limitation photographs and graphical images) are owned by Gapuma or its licensors. For the purposes of these Terms of Use, any use of extracts from the Website other than in accordance with clause 2.1 for any purpose is prohibited. If you breach any of the terms in these Terms of Use, your permission to use the Website automatically terminates and you must immediately destroy any downloaded or printed extracts from the Website.
4. Subject to clause 2.1, no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without Gapuma’s prior written permission.
5. Any rights not expressly granted in these terms are reserved.
3. Service Access
1. While Gapuma endeavours to ensure that the Website is normally available 24 hours a day, Gapuma shall not be liable if for any reason the Website is unavailable at any time or for any period.
2. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond Gapuma’s control.
3. You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these terms, and that they comply with them.
4. If you register to use specific parts of the Website, you will ensure that you keep your account details and password secure and will not allow your account to be used by anyone else.
4. Visitor Material and Conduct
1. We process information about you in accordance with our Privacy and Cookies Policy (http://www.gapuma.com/privacy-and-cookies/). By using the Website, you consent to such processing and you warrant that all data provided by you is accurate.
2. Other than personally identifiable information, which is covered under our Privacy Policy, any material you transmit or post to the Website shall be considered non-confidential and non-proprietary. Gapuma shall have no obligations with respect to such material. Gapuma and its designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes on a royalty free, worldwide basis.
3. You are prohibited from posting or transmitting to or from the Website any material:
1. which is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
2. for which you have not obtained all necessary licences and/or approvals;
3. which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world;
4. which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
4. You may not misuse the Website (including, without limitation, by hacking).
5. Gapuma shall fully co-operate with any law enforcement authorities or court order requesting or directing Gapuma to disclose the identity or locate anyone posting any material in breach of clause 4.2 or clause 4.3.
6. Breaches of the Terms of Use may result in the immediate permanent or temporary withdrawal of your right to use the Website, the immediate permanent or temporary removal of any material posted by you and/or legal proceedings being brought against you.
5. Links to and from other websites
1. Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. Gapuma has not necessarily reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. Gapuma therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
2. If you would like to link to the Website, you may only do so on the basis that you link to, but do not replicate, the home page of the Website, and subject to the following conditions:
1. you do not remove, distort or otherwise alter the size or appearance of the Gapuma logo;
2. you do not create a frame or any other browser or border environment around the Website;
3. you do not in any way imply that Gapuma is endorsing or recommending any products or services other than its own;
4. you do not misrepresent your relationship with Gapuma nor present any other false information about Gapuma;
5. you do not otherwise use any Gapuma trade marks displayed on the Website without express written permission from Gapuma;
6. you do not link from a website that is not owned by you; and
7. your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
3. Gapuma expressly reserves the right to revoke the right granted in clause 5.2 for breach of these terms and to take any action it deems appropriate[, including requiring the immediate de-linking of the Website.]
4. You shall fully indemnify Gapuma for any loss or damage suffered by Gapuma or any of its group companies for breach of clause 5.2.
6. Disclaimer
1. While Gapuma endeavours to ensure that the information on the Website is correct, Gapuma does not warrant the accuracy or completeness of the material on the Website. Gapuma may make changes to the material on the Website, or to the products and prices described in it, at any time without notice. The material on the Website may be out of date, and Gapuma makes no commitment to update such material.
2. In particular, but without prejudice to the generality of clause 6.1, commentary and other materials posted on the Website are not intended to amount to advice on which reliance should be placed.
3. The material on the Website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, Gapuma provides you with the Website on the basis that Gapuma excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for these Terms of Use, might have effect in relation to the Website.
7. Liability
1. Gapuma, its group companies, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and each of their officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website.
2. Nothing in these Terms of Use shall exclude or limit the liability of Gapuma or any other person for:
1. death or personal injury caused by negligence;
2. fraud; or
3. misrepresentation as to a fundamental matter; or
4. any liability which cannot be excluded or limited under applicable law.
8. Governing Law and Jurisdiction
The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, use of the Website, although we retain the right to bring proceedings against you for breach of these Terms of Use in your country of residence or any other relevant country. These Terms of Use are governed by English law.
[Last updated: February 2014]
