These Terms and Conditions apply as between you, the User of this Website and Ealing Broadway Management Limited. This Website is made available by Ealing Broadway Management Limited via a third party, Gversion Limited.
Your agreement to comply with and be bound by these Terms and Conditions (as amended from time to time) is deemed to occur upon your first use of the Website and upon each subsequent use thereafter. If you do not agree to be bound by these Terms and Conditions (as amended from time to time), you should stop using the Website immediately.
1. Definitions and Interpretation
In these Terms and Conditions, the following terms shall have the following meanings:
2. Intellectual Property
2.1 Subject to the exceptions in Clause 3 of these Terms and Conditions, all Content and associated Intellectual Property Rights included on the Website, including, but not limited to, text, graphics, logos, sound clips and video clips is the property of the Service Provider, its affiliates, contractors or other third parties. The data compilations, page layout, icons, images, graphics, underlying code and software is the property of the Software Provider. By continuing to use the Website you acknowledge that such material is protected by United Kingdom intellectual property and other laws (and, if applicable, the laws of any other jurisdiction).
2.2 You must not print, reproduce, copy, distribute, store or otherwise re-use Content from the Website unless such usage (i) falls within the circumstances specified in Clause 4 of these Terms and Conditions; (ii) is for personal, non-commercial purposes; or (iii) has been expressly authorised by the relevant Provider in writing. Specifically you agree that you will not systematically copy Content from the Website with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given express written permission to do so by the relevant Provider.
2.3 You acknowledge that the Providers may retain copies of any and all communications, information and Content sent through or submitted to the Website.
3. Third Party Intellectual Property
3.1 Certain Content and the Intellectual Property Rights subsisting therein belongs to other third parties.
3.2 The Content described in this Clause 3, unless expressly stated to be so, is not covered by any permission granted by Clause 2 of these Terms and Conditions to use Content from the Website. The exceptions in Clause 4 continue to apply.
4. Fair Use of Intellectual Property
Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
5. Links to Other Websites
This Website may contain links to other websites. Unless expressly stated, these sites are not under the control of either of the Providers or either of their affiliates. The Providers assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
6. Links to this Website
Those wishing to place a link to this Website on other sites may do so without the Providers’ prior permission.
7. Accounts
7.1 In order to use this Website you must create an Account which will contain certain personal details. By creating an Account you represent and warrant that:
7.1.1 all information you submit is true and accurate; and
7.1.2 you will keep this information accurate and up-to-date.
7.2 Sharing of Accounts is not permitted unless expressly authorised in writing by the Service Provider. You must keep your Account details confidential and should not reveal your username or password to any unauthorised third parties.
7.3 We will aim to keep personal details you provide secure but we cannot guarantee the security of any information that you supply to us and we cannot guarantee it will be kept confidential.
7.4 If you wish to terminate your Account, please contact us by email at [email protected]. On notification that you wish to terminate your Account, we will use reasonable endeavours to close your Account as soon as reasonably practicable.
8. Termination and/or Suspension
In the event that any of the provisions of these Terms and Conditions are not followed, the Providers reserve the right to suspend or terminate your access to the Service. Any Users banned in this way must not attempt to use the Website under any other name or by using the access credentials of another User, with or without the permission of that User.
9. Privacy and Cookies
Use of the Website is also governed by our Privacy policy and our Cookie policy which are incorporated into these Terms and Conditions by this reference. To view the Privacy policy please click here. To view the Cookie policy please click here.
10. Disclaimers
10.1 The Providers make no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with any system, or that it will be secure.
10.2 The Providers have no control over, nor involvement in, any items or services advertised or referenced on the Website and accept no responsibility for any actions taken, or any items or services provided, by any third parties.
10.3 Whilst every reasonable endeavour has been made to ensure that all information provided on this Website will be accurate and up to date, the Providers make no warranty or representation that this is the case. We make no guarantee of any specific results from the use of our services.
10.4 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
10.5 The Providers make no representation or warranty that any part of this Website is suitable for use in commercial situations or that it constitutes accurate data and/or advice on which business decisions can be based.
10.6 Whilst every effort has been made to ensure that all descriptions of services published on the Website correspond to the actual services available, the Providers are not responsible for any variations from these descriptions.
10.7 Whilst the Providers use reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we cannot promise it will be. All Users are advised to take responsibility for their own security, that of their personal details and their computers.
11. Availability of the Website and Modifications
11.1 The Service is provided “as is” and on an “as available” basis. The Providers give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, the Providers give no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
11.2 The Providers accept no liability for any disruption or non-availability of the Website resulting from any cause that is beyond their reasonable control, including, without limitation, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
11.3 The Providers reserve the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, the products and/or services available. These Terms and Conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
12. Limitation of Liability
12.1 Subject to Clause 12.2 below, to the maximum extent permitted by law, the Providers accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein where such damage or loss:
12.1.1 was not foreseeable when these Terms and Conditions are formed between the Provider and you; and
12.1.2 was not caused by any breach on the part of the Provider.
. Users should be aware that they use the Website and its Content at their own risk.
12.2 Nothing in these Terms and Conditions shall exclude or restrict the liability of a Provider for death or personal injury resulting from any negligence or fraud on the part of that Provider.
12.3 Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with the Unfair Contract Terms Act 1977 and other applicable law, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within the jurisdiction(s) where the relevant term is found to be unlawful, invalid or otherwise unenforceable.
13. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
14. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
15. Third Party Rights
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and the Providers.
16. Communications
16.1 All notices/communications shall be given to the Service Provider either by post to our registered office (Ealing Broadway Management Limited, Richmond House, Walkern Road, Stevenage, Hertfordshire, United Kingdom, SG1 3QP) or by email to [email protected]. Such notice will be deemed received three days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
16.2 The Providers may from time to time send you information about products and/or services. If you do not wish to receive such information, please click on the notification preferences link in any email that you receive from us.
17. Law and Jurisdiction
17.1 These Terms and Conditions, any non-contractual obligations arising out of or in connection with them and the relationship between you and the Providers shall be governed by and construed in accordance with the laws of England and Wales. You and the Providers agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
17.2 We will try to resolve any dispute with you quickly and efficiently. If you are unhappy with us please contact us as soon as possible.