This agreement applies as between you, the User of this Website and ITWARD LTD, the owner(s) of this Website. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.
This Website, noticepoint.co.uk, is owned and operated by ITWARD LTD, a limited company registered in England under 08545192, whose registered address is Union House, 111 New Union Street, Coventry, CV1 2NT.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
- means collectively the personal/identifying information and credentials used by Users to access parts of the Website;
- means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
- “ITWARD LTD”
- means ITWARD LTD, Union House, 111 New Union Street, Coventry, CV1 2NT;
- means a User that wishes to or has posted a Listing on the Website;
- means collectively any online facilities, tools, services or information that ITWARD LTD makes available through the Website either now or in the future;
- means any online communications infrastructure that ITWARD LTD makes available through the Website either now or in the future. This includes, but is not limited to, User Listings, email addresses and online forms;
- “User” / “Users”
- means any third party that accesses the Website and is not employed by ITWARD LTD and acting in the course of their employment;
- “User Post”
- means a listing, comment or review posted on the Website by a User;
- means the website that you are currently using (noticepoint.co.uk) and any sub-domains of this site (e.g. subdomain.noticepoint.co.uk) unless expressly excluded by their own terms and conditions.
2. Intellectual Property
2.1 Subject to the exceptions in Clause 3 of these Terms and Conditions, all Content included on the Website, unless contained in User Listings, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of ITWARD LTD, or our affiliates. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
2.2 You may print, reproduce, copy, distribute, store or in any other fashion re-use Content from the Website as specified in Clause 4 of these Terms and Conditions and for personal or educational purposes only unless otherwise indicated on the Website or unless given express written permission to do so by ITWARD LTD. Specifically you agree that:
2.2.1 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 ITWARD LTD;
3. Third Party Intellectual Property
3.1 The Intellectual Property Rights subsisting in the Content of User Listings belong to the Organisers who posted those User Listings unless it is expressly stated otherwise.
3.2 Where expressly indicated, certain Content and the Intellectual Property Rights subsisting therein belongs to other parties.
3.3 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 ITWARD LTD or that of our affiliates. We 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. Posting Listings, Comments and Reviews on the Website
6.1 When posting a User Listing, Comment or Review on the Website you should do so in accordance with the following rules:
6.1.1 you must not use obscene or vulgar language;
6.1.2 your User Post may not contain Content that is unlawful or otherwise objectionable (including that which may be in breach of rules, regulations or legislation specific to the product or service you are posting). This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
6.1.3 your User Post may not contain Content that is intended to promote or incite violence;
6.1.4 your User Post should be honest and fair, should not make any unsubstantiated or unsupportable claims, and should not make dishonest or unreasonable comparisons with other products or services or with other User Posts;
6.1.5 User Posts must be made using the English language. Content in any other language may be removed at our sole discretion;
6.1.6 your User Post may not infringe the intellectual property rights of any third party including, but not limited to, copyright and trade marks;
6.1.7 the means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
6.1.8 your User Post must be placed into the appropriate category;
6.1.9 you must not impersonate other people or businesses;
6.1.10 you must not submit material that may contain viruses or any other software or instructions that may damage or disrupt other software, computer hardware or communications networks; and
6.1.11 you must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.
6.2 You acknowledge that ITWARD LTD may screen, approve (or reject), edit and/or remove any User Post posted to the Website.
6.3 ITWARD LTD may edit your User Post to comply with the provisions of sub-Clause 6.1 without prior consultation. In cases of severe breaches of the provisions of sub-Clause 6.1, your User Post may be removed and your Account may be suspended or terminated. You will not be informed in writing of the reasons for any such alterations or removals.
6.4 In order to post a User Post, you are required to submit certain personal details and/or business details. By continuing to use this Website you represent and warrant that:
6.4.1 any information you submit is accurate and truthful; and
6.4.2 you will keep this information accurate and up-to-date.
6.5 By posting a User Post you warrant and represent that you are the author of that User Post or that you have acquired all of the appropriate rights and / or permissions to post it. ITWARD LTD accepts no responsibility or liability for any infringement of third party rights by such User Post or Content. Further, you waive all moral rights in the User Post to be named as its author and grant ITWARD LTD a perpetual licence to modify the Content as necessary for its inclusion on the Website.
6.6 ITWARD LTD will not be liable in any way or under any circumstances for any loss or damage that you may incur as a result of such User Posts, nor for any errors or omissions in such posts. Use of and reliance upon User Posts is entirely at your own risk.
6.7 Nothing in these Terms and Conditions shall grant ITWARD LTD any rights in or to any trade marks or any other intellectual property rights contained within your User Post or any part of it save for the right to display the same on the Website as part of your User Post until you or ITWARD LTD choose to remove that User Post.
6.8 You acknowledge that ITWARD LTD may retain copies of any and all communications, information, Content and User Posts sent to us or submitted to the Website.
7. Termination and/or Suspension
In the event that any of the provisions of sub-Clause 6.1, above, are not followed, ITWARD LTD reserves 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. Legal Rights and Disclaimers
9.1 ITWARD LTD makes no warranty or representation that the Website will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all systems, or that it will be secure.
9.2 Save for the screening and approval of User Posts, ITWARD LTD has neither control over, nor involvement in, any User Posts or the products or services referred to therein and accepts no responsibility for any actions taken by any Organisers or Users.
9.3 The opinions expressed in User Posts are those of the authors of those posts and do not represent the opinions of ITWARD LTD.
9.4 Whilst every reasonable endeavour has been made to ensure that all information provided on this Website will be accurate and up to date, ITWARD LTD makes no warranty or representation that this is the case. We make no guarantee of any specific results from the use of our services.
9.5 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.
9.6 ITWARD LTD makes 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.
9.7 Whilst ITWARD LTD exercises all reasonable skill and care to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.
9.8 If, as a result of ITWARD LTD’s failure to exercise reasonable care and skill, any digital content from the Website damages the User’s device or other digital content belonging to the User, if the User is a consumer, they may be entitled to certain legal remedies. For more details concerning consumer rights and remedies, Users are advised to contact their local Citizens Advice Bureau or Trading Standards Office.
10. Availability of the Website and Modifications
10.1 ITWARD LTD accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
10.2 ITWARD LTD reserves 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.
11. Limitation of Liability
11.1 To the fullest extent permissible by law, ITWARD LTD accepts no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) the Website or the use of or reliance upon any content included on the Website.
11.2 To the fullest extent permissible by law, ITWARD LTD excludes all representations, warranties, and guarantees (whether express or implied) that may apply to the Website or any content included on it.
11.3 ITWARD LTD exercises all reasonable skill and care to ensure that the Website is free from viruses and other malware. Subject to sub-Clause 9.8, ITWARD LTD accepts no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect the User’s hardware, software, data or other material that occurs as a result of the User’s use of the Website (including the downloading of any content from it) or any other site referred to on the Website.
11.4 ITWARD LTD neither assumes nor accepts responsibility or liability arising out of any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
11.5 Nothing in these Terms and Conditions excludes or restricts ITWARD LTD’s liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of consumers’ legal rights, including those relating to digital content, Users should contact their local Citizens’ Advice Bureau or Trading Standards Office.
11.6 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 jurisdictions where a particular term is illegal.
12. 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.
13. 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.
14. 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 ITWARD LTD.
16. Law and Jurisdiction
16.1 These Terms and Conditions, and the relationship between the User and ITWARD LTD (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
16.2 If the User is a consumer, any disputes concerning these Terms and Conditions, the relationship between the User and ITWARD LTD, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by the User’s residency.
16.3 If the User is a business, any disputes concerning these Terms and Conditions, the relationship between the User and ITWARD LTD, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.