Terms and conditions
1 Information About Us
1.1 The Site is operated by Kerv Group Limited (“we” or “us”, with “our” to be construed accordingly) whose registered office is at 1 Finsbury Avenue London EC2M 2PG with Company Registration Number 12514360 and 360 3404 34.
2 Accessing The Site
2.1 Access to the Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the Site without notice (see below). We will not be liable if for any reason the Site is unavailable at any time or for any period.
2.2 Without prejudice to the above, from time to time we may restrict access to some parts or all of the Site, to users who have registered with us.
2.3 You are responsible for making all arrangements necessary for you to have access to the Site. You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these terms, and that they comply with them.
2.4 You may not use the Site for any unlawful or unauthorised purpose, including, without limitation, in the following ways:
(a) distributing any unlawful, libelous, abusive, threatening, harmful, obscene, or otherwise objectionable material; or
(b) transmitting material that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice, gaining unauthorised access to other computer systems or interfering with any other person’s use or enjoyment of the Site.
2.5 If we have any reason to believe that there is likely to be a breach of security or misuse of the Site, or a breach of these terms, we may suspend your use of the Site.
3 Intellectual Property Rights
3.1 We are the owner or the licensee of all intellectual property rights in the Site, and in the material published on it. Those works are protected by intellectual property laws and treaties around the world. All such rights are reserved.
3.2 You may print off one copy, and may download extracts, of any page(s) from the Site for your personal reference and you may draw the attention of others within your organisation to material posted on the Site.
3.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
3.4 Our status (and that of any identified contributors) as the authors of material on the Site must always be acknowledged.
3.5 You must not use any part of the materials on the Site for commercial purposes without obtaining a licence to do so from us or our licensors.
4 The Site Changes Regularly
We aim to update the Site regularly, and may change the content at any time. If the need arises, we may suspend access to the Site, or close it indefinitely. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.
5 Our Liability
5.1 We cannot guarantee that your use of the Site will not cause damage to your computer. It is your responsibility to ensure that the right equipment is used to access the Site and to screen out anything that might damage it. We shall not be liable to any person for any loss or damage that may occur in relation to computer or other equipment as a result of using the Site.
5.2 We shall not be liable for any telephone or other costs that you may incur in accessing the Site.
5.3 Although we aim to offer you the best possible service, and make every effort to ensure that the Site is free from viruses or defects, we cannot guarantee that the Site will always meet your requirements or be fault free.
5.4 We cannot guarantee a continuous, uninterrupted Internet presence especially where maintenance, repairs, modifications or upgrades to the Site have to be carried out, or in circumstances beyond our control.
5.5 The material displayed on the Site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude, to the fullest extent permitted by law:
(a) All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity into these terms; and
(b) Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Site or in connection with the use, inability to use, or results of the use of the Site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
(i) loss of income or revenue
(ii) loss of business
(iii) loss of profits or contracts;
(iv) loss of anticipated savings;
(v) loss of data;
(vi) loss of goodwill;
(vii) wasted management or office time; and
(viii) for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
5.6 Nothing in these terms affects our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
6 Information About You and Your Visits to The Site
We process information about you in accordance with our Privacy. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.
7 Transactions For the Supply of Services
Contracts for the supply of the services referred to in the Site are governed by our terms and conditions of supply, which will be provided to you in the event that we (or our subsidiaries) intend to provide services to you.
8 Viruses, Hacking and Other Offences
8.1 You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack.
8.2 By breaching the provision immediately above, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.
8.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, virus, trojan, worm, logic bomb or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material posted on it, or on any website linked to it.
9 Linking to The Site
9.1 You may link to the home page of the Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
9.2 You must not establish a link from any website that is not owned by you.
9.3 The Site must not be framed on any other site, nor may you create a link to any part of the Site other than the home page. We reserve the right to withdraw linking permission without notice.
10 Links From The Site
Where the Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
11 Jurisdiction and Applicable Law
11.1 The English courts will have the exclusive jurisdiction over any claim arising from, or related to, a visit to the Site, although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.