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Corporate
Web Site Policy
| 1. |
INTRODUCTION |
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This web site is provided for general marketing and
company information only. Please browse the web site and
make use of its various features, but please be aware
that your use of the web site is subject to the following
terms and conditions. If you do not agree to these terms
and conditions, please do not use this web site. |
| 2. |
OWNERSHIP |
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This web site belongs to Andrew Kain Enterprises Ltd
(“AKE”) which is a member of the AKE group
of companies. For more information on the AKE group of
companies and their services, please click here.
AKE may, in its sole discretion and at any time, modify
or discontinue this web site or specific proportions thereof. |
| 3. |
AGREEMENT |
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The use of the site, constitutes your acceptance to
the terms and conditions contained herein. We reserve
the right to change or revise these terms and conditions
from time to time by updating this posting, so please
visit this area each time you visit the web site to keep
up to date with the current terms regarding your use of
the web site. Your use of the web site reaffirms your
continuing agreement to the then current Terms and Conditions. |
| 4. |
USE OF THE SITE |
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AKE owns the copyright for all of the material on the
web site or has a valid right from a third party to use
material on the web site. AKE also owns or has a valid
right to use all trademarks, service marks, and trade
names used on this web site. No part of the web site may
be copied, reproduced, republished, uploaded, posted,
transmitted, or distributed in any way, except that you
may download one copy of the materials on any single computer
for its contracted use, provided you keep intact all copyright,
trademark and other proprietary notices on the materials.
Any modification of the materials or use of the materials
for any other purpose is a violation of AKE’s copyright
and other proprietary rights. The use of any such material
on any other web site or computer network without AKE’s
written consent is strictly prohibited. Your use of the
trademarks, service marks and trade names on this web
site in any manner other than as authorised in these terms
and conditions, or as authorised in writing by AKE, is
strictly prohibited. |
| 5. |
SOFTWARE DOWNLOADS |
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If you download software from this web site, the software
and all files, images and data relating to the software
will be licensed to you by AKE. You do not own the downloaded
software, and AKE does not transfer ownership of the Software
to you. AKE retains full ownership of and title to the
downloaded software and all intellectual property rights
related to the software. You may not redistribute, sell,
decompile, reverse engineer, disassemble, or otherwise
reduce the software to a human-perceivable form. Software
that is downloaded from this web site is subject to the
laws of England and Wales. If you download software from
this web site, you represent and warrant to AKE that you
are not acting in violation of those laws. |
| 6. |
SUBMISSIONS & INFORMATION REQUESTS |
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All comments, suggestions, graphics, ideas (including
product and advertising ideas), and other information
or materials you submit to AKE through this web site will
become and remain the exclusive property of AKE, including
any future rights associated with such submissions, even
if these Terms and Conditions are later modified or terminated.
This means that you disclaim any proprietary rights in
such submissions, and you acknowledge AKE’s unrestricted
right to use them (or materials or ideas similar to them)
in any medium, now and in the future, without notice,
compensation or other obligation to you or any other person.
It also means AKE has no obligation to keep your submissions
confidential. |
| 7. |
SITE LOCATION |
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AKE controls and operates this web site from England.
Unless otherwise specified on or by this web site, this
web site is intended to promote only those AKE products
and services that are sold by AKE in England and its territories,
and AKE makes no representation that materials in this
web site or the products described thereby are appropriate
or available for use in other locations. All visitors
to this web site are responsible for compliance with all
local laws applicable to them with respect to the content
and operation of this web site. |
| 8. |
REFERRED HYPERLINKS |
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For your convenience and enjoyment, this web site may
provide links to other web sites on the World Wide Web
that are not operated by AKE. These links do not mean
that AKE endorses, approves or sponsors any information
available at the linked site or any products that may
be sold there, nor is AKE liable for any damage that might
result from your use of such information or products. |
| 9. |
WEB SITE CONTENT DISCLAIMER |
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The materials in this web site (including any graphics,
software, recommendations or other materials) and any
materials made available through this web site are provided
"as is" and without warranties of any kind,
either express or implied. To the fullest extent permissible
pursuant to applicable law, AKE disclaims all warranties,
express or implied, including, but not limited to, all
implied warranties of merchantability, fitness for a particular
purpose, title and non-infringement. AKE does not warrant
or make any representations regarding the use or the results
of the use of the materials in this web site in terms
of their correctness, accuracy, reliability, or otherwise.
The materials in this web site could include technical
inaccuracies or typographical errors. These materials
could be inaccurate or become inaccurate as a result of
developments occurring after their respective dates. AKE
undertakes no obligation to verify or maintain the currency
of such information.
Certain links in this web site may link you to other sites
on the worldwide web. The linked sites may not be under
the control of AKE and AKE is in any event not responsible
for the contents of any linked site or any link contained
in a linked site, or any changes or updates to such sites.
AKE is not responsible for webcasting or any other form
of transmission received from any linked site. AKE is
providing these links to you only as a convenience, and
the inclusion of any link does not imply a referral by
AKE to, or an endorsement by AKE of, the linked site or
any products or services which may be offered there. |
| 10. |
WEB SITE OPERATION DISCLAIMER |
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AKE endeavours to maintain this web site and its operation,
but is not, and cannot be, responsible for the results
of any defects that may exist in the web site or its operation.
As to the operation of the web site, AKE expressly disclaims
all warranties of any kind, whether express or implied,
including, but not limited to all implied warranties of
merchantability or fitness for a particular purpose, title
and non-infringement. AKE makes no warranty that;
(i) the operation of the web site will meet the user's
requirements;
(ii) access to the web site will be uninterrupted, timely,
secure, free of viruses, worms, trojan horses or other
harmful components, or free of defects or errors;
(iii) the results that may be obtained from the use of
the web site will be accurate or reliable; or
(iv) defects will be corrected.
You (and not AKE) assume the entire cost of all servicing,
repair, or correction that may be necessary for your computer
equipment and software as a result of any viruses, errors
or any other problems whatsoever you may have as a result
of visiting this web site. |
| 11. |
LIMITATION OF LIABILITY |
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Under no circumstances shall AKE be liable for any damages
or injury, including any direct, special, incidental,
consequential, punitive or other damages, that may result
from the use of, or the inability to use, the web site
or any materials in this site, whether in an action of
contract, negligence or other tortious action, arising
out of or in connection with the use or performance of
the web site or information available in the web site.
AKE shall not be liable even if AKE or an AKE authorised
representative has been advised of the possibility of
such damages. These include but are not limited to damages
or injury caused by error, omission, interruption, defect,
failure of performance, delay in operation or transmission,
line failure or computer virus, worm, trojan horse or
other harmful component. |
| 12. |
FURTHER LIMITATION TO PARAGRAPHS 9, 10, &
11 |
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Applicable law may not allow the exclusion of certain
warranties or the limitation or exclusion of liability
for incidental or consequential damages. Accordingly,
some of the above limitations or exclusions may not apply
to you. However, in no event shall AKE’s total liability
to you for damages, losses, and causes of action whether
in contract, tort (including, but not limited to, negligence,
or otherwise) exceed the amount paid by you, if any, for
accessing this site. |
| 13. |
REPORTING & POSTINGS |
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AKE may from time to time monitor or review discussions,
chats, postings, and other transmissions on this web site.
However, AKE is under no obligation to do so and assumes
no responsibility or liability arising from the content
of any such transmissions or for any error, defamation,
libel, slander, omission, falsehood, obscenity, pornography,
profanity, danger, illegality or inaccuracy contained
in any information transmitted to any such locations on
this web site. You may not post or transmit any unlawful,
threatening, libellous, defamatory, obscene, scandalous,
inflammatory, pornographic, or profane material or any
material that could constitute or encourage conduct that
would be considered a criminal offence, give rise to civil
liability, or otherwise violate any law. AKE will fully
cooperate with any law enforcement authorities or court
order requesting or directing AKE to disclose the identity
of anyone posting any such information or materials. AKE
may also disclose such information if it has a good faith
belief that such disclosure is reasonably necessary to
protect the rights, property, or personal safety of AKE,
its customers or the public. |
| 14. |
HELP AVAILABILITY |
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This web site may provide a help file or other instructions
for the use of this site. However, you understand that
AKE is under no obligation to provide any direct or indirect
support for the use of the web site. Should a member request
specialist information, they may contact the AKE Hotline
on +44 (0) 1432 267111 |
| 15. |
LAW & JURISDICTION |
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These Terms and Conditions and any disputes arising
under or related to these Terms and Conditions (whether
for breach of contract, tortious conduct or otherwise)
will be governed by the laws of England and Wales, without
reference to its conflicts of law principles. Any legal
actions, suits or proceedings arising out of these terms
and conditions (whether for breach of contract, tortious
conduct or otherwise) will be brought exclusively in the
courts of England and Wales, and you hereby accept and
submit to the personal jurisdiction of these courts with
respect to any legal actions, claims or proceedings arising
out of these Terms and Conditions. |
| 16. |
SEVERABILITY OF TERMS |
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If any provision of these terms and conditions shall
be found to be unlawful, void, or for any reason unenforceable,
then that provision shall be deemed severable from these
terms and conditions and shall not affect the validity
and enforceability of any remaining provisions.
The paragraph titles in these terms and conditions are
for convenience only and have no legal or contractual
effect. |
| 17. |
NO WAIVER |
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No failure on the part of AKE to enforce any part of
these terms and conditions shall constitute a waiver of
any of AKE’s rights under these terms and conditions
whether for past or future actions on the part of any
person. Neither the receipt of any funds by AKE nor the
reliance of any person on AKE’s actions shall be
deemed to constitute a waiver of any part of these terms
and conditions. Only a specific, written waiver signed
by an authorized representative of AKE shall have any
legal effect whatsoever. |
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Name & Registered Office:
ANDREW KAIN ENTERPRISES
LIMITED (trading as AKE Limited)
ELGAR HOUSE
HOLMER ROAD
HEREFORD
HR4 9SF
Company No. 02558662
Trading Address
AKE Limited
Saint Owen's Chambers
22 Saint Owen Street
Hereford
HR1 2PL |
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