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W e b s i t e T e r m s
1 ACCEPTANCE OF TERMS
1.1 Your access to and use of TURNERS OPTOMETRISTS ("the Website")
and any Services referred to in Clause 2, is subject exclusively to these Terms
and Conditions. You will not use the Website/Services for any purpose that is
unlawful or prohibited by these Terms and Conditions. By using the Website/Services
you are fully accepting the terms, conditions and disclaimers contained in this
notice. If you do not accept these Terms and Conditions you must immediately
stop using the a/Services.
1.2 We reserve the right to update or amend these Terms and Conditions at any
time and your continued use of the Website/Services following any changes shall
be deemed to be your acceptance of such change. It is therefore your responsibility
to check the Terms and Conditions regularly for any changes.
2 THE SERVICES
The Website may provide communication tools such as email, bulletin boards, chat
areas, news groups, forums and/or other message or communication facilities ("the
Services") designed to enable you to communicate with others. Unless stated
otherwise the Services are for your personal and non-commercial use only.
3 CHILD SUPERVISION
We are concerned about the safety and privacy of our users, particularly children.
Parents who wish to allow their children access to and use of the Website/Services
should supervise such access and use. By allowing your child access to the Services
you are allowing your child access to all of the Services, including email, bulletin
boards, chat areas, news groups, forums and/or other message or communication
facilities. It is therefore your responsibility to determine which Services are
appropriate for your child. Always use caution when revealing personally identifiable
information about yourself or your children via any of the Services.
4 PRIVACY POLICY
4.1 We are committed to responsible data management and subscribe to the principals
of the data protection legislation in the United Kingdom. We are committed to
maintaining the privacy of our users and maintaining the security of any personal
information received from you. If you register for any of the Services you will
be asked to provide basic personal information. The information provided by you
is not available for sale or use by third parties. The information is used solely
for notifying you of changes or updates to the Website/Services.
4.2 We use a technology called "cookies" as part of our normal business
procedure to track patterns of behaviour of visitors to the Website. A cookie
is an element of data that the Website sends to your browser that is then stored
on your system. You can set your browser to prevent this happening. Any information
collected in this way can be used to identify you unless you change your browser
settings.
5 USER ACCOUNT, PASSWORD AND SECURITY
If a particular Service requires you to open an account you will be required
to complete the registration process by providing certain information and registering
a username and password for use with that Service. You are responsible for maintaining
the confidentiality of the username and password and also for all activities
which take place under your account. You agree to immediately notify us of any
unauthorised use of your password or account or any other breach of security.
In no event will TURNERS OPTOMETRISTS be liable for any indirect or consequential
loss or damage whatsoever resulting from the disclosure of your username and/or
password. You may not use another person’s account at any time, without
the express permission of the account holder.
6 ACCEPTABLE USE
6.1 You acknowledge that all information, text, graphics, logos, photographs,
images, moving images, sound, illustrations and other materials ("the Content"),
whether posted publicly or transmitted privately, are the sole responsibility
of the person from whom such Content originated. We do not control or endorse
the Content and cannot guarantee the accuracy, integrity or quality of such Content
and you acknowledge that by using the Services you may be exposed to Content
that is offensive and/or indecent. TURNERS OPTOMETRISTS will not be liable in
any way for any Content or for any loss or damage of any kind resulting from
the use of any Content transmitted via the Services and you agree to bear all
risks associated with the use of any Content, including any reliance on the accuracy
or completeness of such Content.
6.2 In using the Website/Services you agree not to:
6.2.1 use the Services to send junk email, spam, chain letters, pyramid schemes
or any other unsolicited messages, commercial or otherwise;
6.2.2 post, publish, distribute or disseminate material or information that is
defamatory, infringing, obscene, indecent, threatening, abusive, harassing or
unlawful;
6.2.3 post, publish, distribute or disseminate material or information that incites
discrimination, hate or violence towards any person or group on account of their
race, religion, disability, nationality or otherwise;
6.2.4 threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including
rights of privacy and publicity) of others;
6.2.5 use any information or material in any manner that infringes any copyright,
trademark, patent or other proprietary right of any party;
6.2.6 make available or upload files that contain a virus, worm, trojan or corrupt
data that may damage the operation of the computer or property of another;
6.2.7 collect or store personal information about others, including email addresses;
6.2.8 advertise or offer to buy or sell goods or services for any commercial
purpose, unless such communication facility specifically allows such messages;
6.2.9 impersonate any person or entity for the purpose of misleading others;
6.2.10 violate any applicable laws or regulations;
6.2.11 use the Website/Services in any manner that could damage, disable, overburden
or impair the Website/Services or interfere with any other party’s use
and enjoyment of the Website/Services;
6.2.12 post, publish, distribute or disseminate material or information that
you do not have a right to transmit under any law or under contractual or fiduciary
relationships (such as inside information or confidential information disclosed
in the course of employment or under a confidentiality agreement);
6.2.13 attempt to gain unauthorised access to any of the Services, other accounts,
computer systems or networks connected to the Website/Services through hacking,
password mining or any other means.
6.3 We have no obligation to monitor the Services but shall be entitled to review
materials posted to a communications facility and, at our sole discretion, to
remove any material that breaches these Terms and Conditions or is otherwise
objectionable.
7 TERMINATION
We have the right to terminate your access to any or all of the Services at any
time, without notice, for any reason, including without limitation, breach of
these Terms and Conditions. We may also at any time, at our sole discretion,
discontinue the Website/Services or any part thereof without prior notice and
you agree that we shall not be liable to you or any third party for any termination
of your access to the Website/Services.
8 LINKS TO THIRD PARTY WEBSITES
The Website/Services may include links to third party websites that are controlled
and maintained by others. Any link to other websites is not an endorsement of
such websites and you acknowledge and agree that TURNERS OPTOMETRISTS is not
responsible for the content or availability of any such sites.
9 INTERNATIONAL USE
You agree to comply with all applicable laws regarding the transmission of technical
data exported from the United Kingdom or the country in which you reside (if
different) and with all local laws and rules regarding acceptable use of and
conduct on the Internet.
10 INTELLECTUAL PROPERTY RIGHTS
10.1 The Website and its content (including without limitation the Website design,
text, graphics and all software and source codes connected with the Website and
the Services) are protected by copyright, trade marks, patents and other intellectual
property rights and laws. In accessing the Website you agree that you will access
the contents solely for your personal, non-commercial use. None of the content
may be downloaded, copied, reproduced, transmitted, stored, sold or distributed
without the prior written consent of the copyright holder. This excludes the
downloading, copying and/or printing of pages of the Website for personal, non-commercial
home use only.
10.2 TURNERS OPTOMETRISTS does not claim ownership of any materials you post,
upload or submit to any publicly accessible area of the Services. However, by
doing so you are granting us a world-wide, royalty free, non-exclusive licence
to copy, distribute, transmit, reproduce, publicly display, edit, translate or
publish such Content for as long as you elect to display such Content via the
Services. The licence shall be terminated when such Content is deleted from the
Services.
11 INDEMNITY
You agree to indemnify and hold TURNERS OPTOMETRISTS harmless from and against
any breach by you of these Terms and Conditions and any claim or demand brought
against TURNERS OPTOMETRISTS by any third party arising out of your use of the
Services and/or any Content submitted, posted or transmitted through the Services,
including without limitation, all claims, actions, proceedings, losses, liabilities,
damages, costs, expenses (including reasonable legal costs and expenses) howsoever
suffered or incurred by TURNERS OPTOMETRISTS in consequence of your breach of
these Terms and Conditions.
12 DISCLAIMERS AND LIMITATION OF LIABILITY
12.1 Use of the Website/Services is at your own risk. The Website/Services are
provided on an "AS IS" and "AS AVAILABLE" basis without any
representation or endorsement made and without warranty of any kind whether express
or implied, including but not limited to the implied warranties of satisfactory
quality, fitness for a particular purpose, non-infringement, compatibility, security
and accuracy.
12.2 To the extent permitted by law, TURNERS OPTOMETRISTS will not be liable
for any indirect or consequential loss or damage whatsoever (including without
limitation loss of business, opportunity, data, profits) arising out of or in
connection with the use of the Website/Services.
12.3 TURNERS OPTOMETRISTS makes no warranty that the Website/Services will meet
your requirements, that Content will be accurate or reliable, that the functionality
of the Website/Services will be uninterrupted or error free, that defects will
be corrected or that the Website/Services or the server that makes them available
are free of viruses or anything else which may be harmful or destructive.
12.4 Nothing in these Terms and Conditions shall be construed so as to exclude
or limit the liability of TURNERS OPTOMETRISTS for death or personal injury as
a result of the negligence of TURNERS OPTOMETRISTS.
12.5 Nothing in these Terms and Conditions shall affect your statutory rights
as a consumer.
13 SEVERANCE
If any of these Terms and Conditions should be determined to be invalid, illegal
or unenforceable for any reason by any court of competent jurisdiction then such
Term or Condition shall be severed and the remaining Terms and Conditions shall
survive and remain in full force and effect and continue to be binding and enforceable.
14 GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with
the law of England and you hereby submit to the exclusive jurisdiction of the
English courts.
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