TERMS AND CONDITIONS
The Terms and Conditions take effect March 2017, and is referred to as the "Effective Date" and applies to GPSconnect Limited, which is located at 152 City Road, London EC1V, United Kingdom.
1. DISCLAIMER: You hereby acknowledge and agree that the website and its contents are provided on an "as-is", "as available" basis and we do not make any, and hereby specifically disclaim any, representations, endorsements, guarantees, or warranties, express or implied, regarding the website or its contents, including, without limitation, any regarding or arising from: (i) merchantability, fitness for a particular purpose, title, or non-infringement of intellectual property rights; (ii) course of dealing, course of usage, or course of performance; or (iii) timeliness, accuracy, reliability or content of the website and any information provided through the website under this agreement.
3. LIMITATION OF LIABILITY:
3.1 Excluded Damages: We are not liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages, collectively, "the damages", arising out of your use or inability to use the website. by way of example and not of limitation. We are not liable for damages for: (i) loss of revenue, anticipated profits, business, savings, goodwill or data, (ii) any failure of performance, error, omission, denial of service attack, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, and (iii) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information, equipment, or property. you specifically acknowledge and agree that we are not liable for the conduct of and information supplied by other site users or third parties (including, without limitation, defamatory, offensive or illegal conduct) and that the risk of injury from the foregoing rests entirely with you.
3.2 Enforceability: This provision entitled "limitation of liability" applies regardless of: (a) our negligence; (b) our gross negligence; (c) any failure of an essential purpose; and (d) whether such liability arises in negligence, contract, tort, or any other theory of legal liability. This provision entitled "limitation of liability" applies even if we have been advised of the possibility of or could have foreseen the damages. In those areas that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law, and in no event shall our cumulative liability to you exceed One Hundred Pounds (£100).
3.3 Third Parties: We are not responsible and not liable for any information, products, or services provided by other websites that link to or from the website. We neither endorse nor are responsible for the accuracy of any third party material(s), and you agree that we are not responsible for any loss or damage caused by your use of, or reliance on, such material(s), nor for any failure to enforce any of our rights under this agreement, at law or in equity, against any site user or any third party.
3.4 Limitation on Liability of Parents, Subsidiaries, Shareholders, Officers, Directors, Members, Employees and Agents: You shall not make any claim against our parents, subsidiaries, affiliates, members, shareholders, officers, directors, employees or agents but instead shall look solely to our assets for satisfaction of any of our liabilities under these Terms and Conditions.
4. YOUR USE OF THE WEBSITE
4.1 Your Right to Use the Website: We grant you a non-exclusive, personal, and revocable right to access the Website. You represent that you are at least the age of 18.
4.2 Passwords: You are responsible for protecting the confidentiality of your password(s), and for the acts and omissions of any third party that accesses the Website through use of your password, as if such acts and omissions were your own.
4.3 Changes to the Website and Premium Features. We shall have the right at any time to change or discontinue any aspect or feature of the Website, including, but not limited to, content, hours of availability, and equipment needed for access or use.
5. CHANGED TERMS. We shall have the right at any time to amend these Terms and Conditions, effective immediately upon notice on the Website, and any use of the Website by you after notice is subject to these new amendments. Please note that access to premium website features may be subject to a fee and additional agreement(s), which we will provide to you for your approval before charging you.
6. EQUIPMENT. You must obtain, pay for and maintain all software, hardware and anything else needed to use the Website.
7. YOUR CONDUCT.
7.1 Lawful Purposes. You shall use the Website for lawful purposes only. You shall not post or transmit through the Website any material which violates or infringes in any way upon the rights of others, is unlawful, threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions that encourage criminal conduct, give rise to civil liability or otherwise violate any law.
7.2 Intellectual Property: The Website contains copyrighted material, trademarks and other proprietary information, which may include, but is not limited to, text, software, photos, video, graphics, music and sound. We own a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original, granted or assigned to us. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works, publicly distribute, publicly display, reproduce, publicly perform, or in any way exploit in any format whatsoever (including, without limitation, print and electronic formats) any of the Site content, without our prior written authorization. Except as otherwise expressly permitted under the United Kingdom copyright laws, copying,
redistribution, retransmission, publication or commercial exploitation of downloaded material is not permitted without our written permission and the applicable copyright owner. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
7.3 Works and Material You Submit to the Website: You shall not upload, post or otherwise make available on the website any works or material protected by copyright, trademark or other proprietary right without the express written permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any works or material are not so protected rests entirely with you. You are liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all works or material submitted by you to the Website, you automatically grant, or warrant that the owner of such material has expressly granted, us a royalty-free, perpetual, irrevocable, worldwide, fully-paid up license to use, reproduce, create derivative works, publicly distribute, publicly perform, publicly display, assume any sound recording rights or moral rights of attribution or integrity, transmit, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed (including, without limitation, print and electronic form, media and technology) for the full term of any copyright that may exist in such works or materials. Except as limited under applicable law, and subject to any functionality on the Website allowing you to restrict access, you also permit any other website user to access, view, store or reproduce the works or materials consistent with the provision entitled "Your Right to Use the website."
7.4 No Unauthorized Access and Unauthorized Activities on the Site: The website is only publicly available for the authorized uses described in these Terms and Conditions. Access to the website is not authorized for any activities that interfere or have the potential to interfere with our possessory interest in the website. Unauthorized activities, include, but are not limited to: any access and use of the website for automated access, screen or data scraping, data acquisition and consolidation, automated offers, auction aggregations, software robots (including, without limitation, shopping bots), or recursive searching; using the website in an attempt to break security, or so as to actually break security of any computer network including, without limitation, the website itself, or to access an account, message, or file which does not belong to you; using the website for unauthorized relays through any third party systems; attempting, in any way, to interfere with or deny service to any user or any host on the internet; using the website for mail-bombing, which includes, without limitation, any instance where multiple messages are sent to a specific destination with the intent to render the recipient and/or the electronic system serving that recipient dysfunctional; using the website to engage in unsolicited commercial email, or to add or attempt to add addresses to any mailing list (yours or a third party's); attempting to cancel, supersede, or otherwise interfere with electronic mail; using the website to engage in flood attacks, which are defined as overburdening a recipient computer system by sending a high volume of spurious data which effectively impedes or totally disables functionality of the recipient system(s), or any other denial of service attacks; furnishing false data on your sign-up form, contract, or online application, including, without limitation, providing fraudulent payment information; actively engaging in or authorizing making the website or any portion available as part of a "co-branded" or "private label" website, web service, or internet access service, or as part of a "channel" through a software or internet service, or similar arrangements or relationships that offer or provide access to the website from or through other websites, web services, or internet access services, or as part of any other web site when Framed, as defined below, and displayed as part of another website or web service, and you shall not authorize any third party to make any of the website available on any other website by means of the Framing (as used herein, "the Frame" and "the Framing" means the display of a web page ("the Framed Page") within an HTML frame of a different web page ("the Framing Page"), where the Framed Page is not controlled by the party that publishes the Framing Page); using the website for any unlawful purpose, in which case you acknowledge and agree that we may fully cooperate with any law enforcement authorities in regards to such unlawful purposes; and any other activities that exceed the scope of our permission to allow you to use this website herein called "the Unauthorized Activities". You acknowledge and agree that your Unauthorized Activities constitute a substantial interference with our possessory interest in the website, even if such Unauthorized Activities alone do not damage the Company, if such Unauthorized Activities would cause such damage in combination with other Unauthorized Activities engaged in by any third party or parties. Should you engage in any Unauthorized Activity, you acknowledge and agree that such Unauthorized Activity is: (a) a breach of these Terms and Conditions; (b) a trespass to chattel; (c) a violation of the UK Computer Misuse Act; 1990 and (d) illegal.
8. MONITORING: We have the right, but not the obligation, to monitor the content of the website, to determine compliance with these Terms and Conditions, any other agreement between you and us, and any operating rules established by us, as well as to satisfy any law, regulation, authorised government request, or trade association guideline. We have the right to edit, refuse to post or remove any material submitted to or posted on the website. You acknowledge and agree that any communication or material you post or transmit to the website is, and will be treated as, non-confidential and non-proprietary. Without limiting the foregoing, we shall have the right to remove any material that we find violates these Terms and Conditions, may cause liability for us, or is otherwise objectionable.
10. TERMINATION AND SURVIVAL: Either we or you may terminate these Terms and Conditions at any time. Without limiting the foregoing, we shall have the right to immediately terminate these Terms and Conditions, as to you, by terminating your access to the website, for our convenience, for any reason or no reason, or for any breach by you of these Terms and Conditions. You may terminate these Terms and Conditions by deleting your profile and ceasing to use the website, but if you use the website again in the future, then you will have agreed to these Terms and Conditions again.
11. TRADEMARKS: The following trademark(s) are owned by us, all rights reserved: GPSconnect. All other trademarks appearing on the website are the property of their respective owners. You gain no rights of any nature whatsoever in our trademarks, service marks or trade names through your use of the website.
12. NO ENDORSEMENT OF WEBSITE CONTENT: We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice or statement made on or off the website by anyone other than one of our authorised employee spokespersons while acting in their official capacities. It is the responsibility of you to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice or other content available through the website or through a website user. Advice of a professional may be necessary for you regarding the evaluation of any specific information, opinion, advice or other content.
13. Warranty: The Limited Warranty period starts on the date of purchase. Customers may be required to provide a proof of purchase as a condition of receiving a warranty service. The Manufacturers warranty is one (1) year from the date of purchase.