Terms of
use
The following Terms of Use contain the complete terms
and conditions that apply to an individual's or entity's use of Jennings site. As used in
this Agreement, "We," "Us" or "Our" refers
to Jennings, and "You" or
"Your" refers to the user. "Site" means any Jennings site posted on
the World Wide Web.
1. ACCEPTANCE OF TERMS AND CONDITIONS
Use of Our Site constitutes Your acceptance of these terms and
conditions and Your waiver of any and all claims against Jennings,
its parents, subsidiaries,
affiliates, contractors, agents, officers, directors or employees arising out
of Your use of Our Site or any materials, information, opinions or
recommendations contained on Our Site.
2. MODIFICATION
We may modify any of the terms and conditions in these Terms of Use,
at any time and in Our sole discretion, by posting a change notice or a new
user agreement on Our Site. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR
ONLY RECOURSE IS TO TERMINATE YOUR USE OF OUR SITE. YOUR CONTINUED USE OF OUR
SITE FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW TERMS OF USE CONSTITUTES
BINDING ACCEPTANCE OF THE CHANGE.
3.
COPYRIGHT
3.1 Use.
All content included on Our
Site, such as text, graphics, logos, button icons, images, audio clips and
software, is Our property or that of Our content suppliers and is protected by
UK and international copyright laws. The compilation (meaning the collection,
arrangement and assembly) of all content on Our Site is Our property protected
by UK
and international copyright laws. All software used on Our Site is Our property
or that of Our software suppliers and is protected by UK and
international copyright laws. You may electronically copy and print in hard
copy portions of Our Site for the limited purpose of placing an order with Us
or using it as a shopping resource. Any other use-including reproduction for
purposes other than those noted above, modification, distribution,
transmission, republication, display or performance-of the content on a Site
without Our prior written permission is strictly prohibited.
3.2 Penalty.
Unauthorised copying of the
software, or failure to comply with the above restrictions, may result in
severe civil and criminal penalties. Unauthorised duplication of the software
constitutes copyright infringement and may be punishable by fines or
imprisonment. In addition penalties may allow the recovery of actual damages
based on the number of copies produced plus the profits of the infringer for
willful copyright infringement.
4. DISCLAIMER
WE
PROVIDE OUR SITE ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE
MAKE NO EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE OPERATION OF OUR SITE
OR THE INFORMATION, CONTENT, SOFTWARE OR MATERIALS AVAILABLE ON OUR SITE
(INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS, MERCHANTABILITY,
NONINFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF
PERFORMANCE, DEALING OR TRADE USAGE). IN ADDITION, WE MAKE NO REPRESENTATION
THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND WE WILL
NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTION OR ERRORS. FURTHER, WE
TAKE NO RESPONSIBILITY FOR THE CONTENT OF ANY LINKS PROVIDED THROUGH OUR SITE
OR FOR THE SITES OF OTHERS THAT LINK TO OUR SITE.
5.
CONFIDENTIAL INFORMATION
We do not accept or consider unsolicited
material, product suggestions or original or creative ideas (collectively,
"Materials") submitted through Our Site. If despite this policy you
submit any such Materials, We will deem it Our property. We will not treat the
Materials as confidential, and We will not be liable for any use or disclosure
of such Materials. Without limitation, We will own the exclusive rights to the
Materials and will be entitled to unrestricted use of the Materials for any
purpose, commercial or otherwise, without compensation to the submitter of such
Materials.
6. LIMITATION OF LIABILITY
WE WILL NOT
BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES (OR ANY LOSS OF
REVENUE, PROFITS OR DATA) OF ANY KIND ARISING IN CONNECTION WITH THE USE OF OUR
SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER,
OUR AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT WILL NOT EXCEED
THE AMOUNT PAID US BY YOU IF ANY, FOR ACCESSING OUR SITE.
7. INDEMNIFICATION
You will defend and hold
harmless Jennings, its parents, subsidiaries, affiliates, contractors,
agent, officers, directors and employees against all claims, losses, damages,
liabilities, costs and expenses (including reasonable legal fees and costs)
made due to or arising out of a violation of these Terms of Use or Your use of
this Site, including, without limitation, any claim arising out of unauthorised
links to Our Site.
8 MISCELLANEOUS
8.1
Nonwaiver. If We fail to insist upon or enforce strict performance of any
provision or right under the terms and conditions of these Terms of Use, it
will not be construed as a waiver of any provision or right; rather, the same
will be and remain in full force and effect.
8.2 Choice of
Law. These Terms of Use will be interpreted, construed and enforced in all
respects in accordance with the laws of England and Wakes to the exclusion
of any other law which may be imputed in accordance with choice of law rules
applicable in any jurisdiction. The 1980 U.N. Convention on Contracts for the
International Sale of Goods or any successor thereto does not apply to these
Terms of Use. 8.3 English Language Governs. It is the express wish of the
parties that these Terms of Use be drawn up in English. C'est la volonté
explicite des parties que ces termes d'usage soient rédiger en anglais.
8.4 Independent Contractor. These Terms of Use will not be
interpreted or construed to create or evidence a partnership, joint venture or
franchise relationship among the parties or as imposing any partnership or
franchiser obligation or liability on either party.
8.5
Compliance With Laws. You will comply at Your own expense with all statutes,
regulations, rules, ordinances and orders of any governmental body, department
or agency that apply to or result from Your use of Our Site.
8.6. Severability. If any provision of these Terms of Use
will be unlawful, void or for any reason unenforceable, then that provision
will be deemed severable from and will not affect the validity and
enforceability of any remaining provisions.
OUR ADDRESS:
Jennings
Unit 14, Portsmouth Enterprise
Centre, Quartremaine Road
Portsmouth, Hampshire, PO3 5QT
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