Disclaimers and limitation of liability<\/strong><\/li>\n<\/ol>\n4.1.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 The law differs from one country to another. This paragraph applies so far<\/p>\n
as the applicable law allows.<\/p>\n
\u00a0<\/p>\n
4.2.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 All implied conditions, warranties and terms are excluded from this<\/p>\n
agreement. If in any jurisdiction an implied condition, warrant or term<\/p>\n
cannot be excluded, then this sub paragraph shall be deemed to be reduced<\/p>\n
in effect, only to the extent necessary to release that specific condition,<\/p>\n
warranty or term.<\/p>\n
\u00a0<\/p>\n
4.3.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 You are advised that Content may include technical inaccuracies or<\/p>\n
typographical errors. This is inevitable in any large website. We would be<\/p>\n
grateful if you bring to our immediate attention, any that you find.<\/p>\n
\u00a0<\/p>\n
4.4.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Our Website contains links to other internet websites. We have neither power<\/p>\n
nor control over any such website. You acknowledge and agree that we shall<\/p>\n
not be liable in any way for the Content of any such linked website, nor for<\/p>\n
any loss or damage arising from your use of any such website or from your<\/p>\n
buying services or goods via such a website.<\/p>\n
\u00a0<\/p>\n
4.5.\u00a0\u00a0\u00a0\u00a0 The [Our Name] Website and [Our Name] Services are provided \u201cas is\u201d. We<\/p>\n
make no representation or warranty that Our Website will be:<\/p>\n
4.5.1.\u00a0\u00a0\u00a0 useful to you;<\/p>\n
4.5.2.\u00a0\u00a0\u00a0 of satisfactory quality;<\/p>\n
4.5.3.\u00a0\u00a0\u00a0\u00a0 fit for a particular purpose;<\/p>\n
4.5.4.\u00a0\u00a0\u00a0\u00a0 available or accessible, without interruption, or without error.<\/p>\n
\u00a0<\/p>\n
4.6.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 We claim no expert knowledge in any subject. We disclaim any obligation or<\/p>\n
liability to you arising directly or indirectly from information you take from<\/p>\n
Our Website.<\/p>\n
\u00a0<\/p>\n
4.7.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 We accept no responsibility for third party advertisements which are posted<\/p>\n
on Our Website or through the Services;<\/p>\n
\u00a0<\/p>\n
4.8.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 We shall not be liable to you for any loss or expense which is:<\/p>\n
4.8.1\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 indirect or consequential loss; or<\/p>\n
4.8.2\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 economic loss or other loss of turnover, profits, business or<\/p>\n
goodwill even if such loss was reasonably foreseeable or we knew<\/p>\n
you might incur it.<\/p>\n
\u00a0<\/p>\n
4.9.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 This paragraph (and any other paragraph which excludes or restricts our<\/p>\n
liability) applies to our directors, officers, employees, subcontractors,<\/p>\n
agents and affiliated companies (who may enforce this clause under the<\/p>\n
Contracts (Rights of Third Parties) Act 1999 \/ Contracts (Rights of Third<\/p>\n
Parties) (Scotland) Act 2017 as well as to ourselves.<\/p>\n
\u00a0<\/strong><\/p>\n\n- Miscellaneous matters<\/strong><\/li>\n<\/ol>\n
5.1.\u00a0\u00a0\u00a0\u00a0\u00a0 Our privacy policy is strong and precise. It complies fully with the Data<\/p>\n
Protection Act 2018 which is at [link to privacy policy].<\/p>\n
\u00a0<\/p>\n
5.2.\u00a0\u00a0\u00a0\u00a0 If any term or provision of this agreement is at any time held by any<\/p>\n
jurisdiction to be void, invalid or unenforceable, then it shall be treated as<\/p>\n
changed or reduced, only to the extent minimally necessary to bring it within<\/p>\n
the laws of that jurisdiction and to prevent it from being void and it shall be<\/p>\n
binding in that changed or reduced form. Subject to that, each provision shall<\/p>\n
be interpreted as severable and shall not in any way affect any other of these<\/p>\n
terms.<\/p>\n
\u00a0<\/p>\n
5.3.\u00a0\u00a0\u00a0\u00a0 No failure or delay by any party to exercise any right, power or remedy will<\/p>\n
operate as a waiver of it nor indicate any intention to reduce that or any other<\/p>\n
\u00a0<\/p>\n
5.4\u00a0\u00a0\u00a0\u00a0\u00a0 Any communication to be served on either party by the other shall be delivered<\/p>\n
by hand or sent by first class post or by e-mail.<\/p>\n
\n\n\n| It shall be deemed to have been delivered:<\/td>\n<\/tr>\n |
\n| \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 if delivered by hand: on the day of delivery;<\/td>\n<\/tr>\n |
\n| \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 if sent by post to the correct address: within 72 hours of posting;<\/td>\n<\/tr>\n |
\n| \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 If sent by e-mail to the address from which the receiving party has<\/p>\n last sent e-mail: within 24 hours if no notice of non-receipt has<\/p>\n been received by the sender. [Take care before agreeing to accept \u00a0<\/em><\/p>\n\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 service by e-mail. It may be convenient, but you could miss or <\/em><\/p>\n\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 accidentally delete the message].<\/em><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n5.5.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 The validity, construction and performance of this agreement shall be<\/p>\n governed by the laws of [England and Wales \/ Scotland \/ Northern Ireland]<\/p>\n and you agree that any dispute arising from it shall be litigated only in that<\/p>\n country.<\/p>\n \u00a0<\/p>\n Explanatory notes<\/strong>:<\/p>\nWebsite terms: simple information site<\/strong><\/p>\n\u00a0<\/p>\n General notes<\/strong><\/p>\nWhat you need to do to comply with the Data Protection Act 2018<\/strong><\/p>\nThe Act applies to all personal data you collect, use or store. The scope includes data about any INDIVIDUAL.<\/p>\n We have drafted a complete privacy notice. You should use it reassure your website visitors that you take their privacy seriously. Adopting it will encourage you to make whatever changes are necessary in your day to day business. You can download it at https:\/\/www.netlawman.co.uk\/d\/website-privacy-policy<\/p>\n For this terms and conditions document, you do not have to explain to customers that you comply with law \u2013 any more than you would tell them you comply with any other law.<\/p>\n As a vastly reduced summary, the important areas of the Act to consider are:<\/p>\n \n- you do not have a provision where you are assuming implied consent of customer to use his information in the way you think fit;<\/li>\n
- if you allow a user to post information to your website, you may not process, edit or change that information without express consent, if such information include his name, address, image etc.<\/li>\n
- Until now, you could simply ask for a tick to a box indicating that your customer or client has read your T&C. That is no longer good enough. You need to say exactly what you might do with your user\u2019s data.<\/li>\n
- The most important elements of data to consider are personal data and any data which you want to use \u2013 for example as a testimonial.<\/li>\n<\/ul>\n
You may find full list at:<\/p>\n https:\/\/ico.org.uk\/for-organisations\/guide-to-the-general-data-protection-regulation-gdpr\/<\/p>\n https:\/\/ico.org.uk\/for-organisations\/guide-to-the-general-data-protection-regulation-gdpr\/applications\/children\/<\/p>\n We have drawn this terms and conditions document on the assumption that you would use an updated privacy notice and make practical changes on your website. So as to allow you to run your business seamlessly while complying with Act.<\/p>\n Paragraph specific notes<\/p>\n Notes numbering refers to paragraph numbers.<\/p>\n \n- Definitions<\/strong><\/li>\n<\/ol>\n
We have no comment.<\/p>\n \n- Children on Our Website<\/strong><\/li>\n<\/ol>\n
The purposes of this paragraph are first, to inform parents and others in charge of children that your site may contain unsuitable content and secondly to protect you from a claim on that account. The last sub paragraph covers the situation where some third party acts on behalf of the child as a way to avoid the previous disclaimer. Delete if you are sure it is not required.<\/p>\n \n- Intellectual Property<\/strong><\/li>\n<\/ol>\n
Few business managers appreciate just how much IP is owned by the business. There is an enormous variety of IP rights, from domain names to trade marks. It is sensible to leave this provision in place, edited as appropriate.<\/p>\n \n- Disclaimers and limitation of liability<\/strong><\/li>\n<\/ol>\n
This paragraph may be the main reason why you have bought this document. We have given you very strong protection. The law is complicated and much depends on the facts of each case. Our best advice to you is to include these disclaimers so far as they apply to your business.<\/p>\n You will see that we have also included in the provision for your associates to have the same protection. One way to get around disclaimer provisions in the past was to claim not against the company with whom the claimant has a contract but against the directors or others in negligence.<\/p>\n Rights of Third Parties Act \u2013 We have provided reference of two Acts. By all means select the one according to your jurisdiction clause.<\/p>\n \n- Miscellaneous matters<\/strong><\/li>\n<\/ol>\n
A number of special points. We have identified each of these as important to protect you. Some are relevant to particular paragraphs in the document, some apply more generally. Some are included to strengthen your position generally. Do not delete unless you are quite positive of the legal effect of doing so.<\/p>\n","protected":false},"excerpt":{"rendered":" This guide is a Net Lawman document, which we believe will be quite simple, useful and operative for your website.
\nIf you need professional help editing the document, you can contact us for our document review service. You also get in touch with our legal team at support@netlawman.co.uk. if you need the help of an attorney to make certain that the edited document will protect your business in the best possible way.
\nWe would like to remind you that we assert our copyright in this template. This means that you may only use this template while adhering to the licence agreement that is found in our terms and conditions. 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