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Terms and Conditions
Welcome to the Bud-Umbrella web site - at www.bud-umbrella.org.uk ("Site"). This Site is operated by Bud-Umbrella and materials on the Site are owned, for the most part, by Bud-Umbrella. The Site may also include materials owned by third parties and posted on the Site by virtue of a license, grant or some other form of agreement between the third party and Bud-Umbrella . Bud-Umbrella has created this Site for your personal enquiries, referencing and education. However, you are only authorized to access this Site or to use the materials contained in the Site (regardless of whether your access or use is intended) if you agree to abide by all applicable laws, and to these Terms of Use which constitute an Agreement between you and Bud-Umbrella. Please read these Terms of Use carefully and save them. If you do not agree with them, you should leave this Site immediately. Any questions or comments regarding, or problems with, this Site should be sent to the Site Administrator. Bud-Umbrella reserves the right to modify or amend this Agreement without notice at any time. It is therefore important that you read this page regularly to ensure you are updated as to any changes. If you become aware of misuse of this Site by any person, please contact Amanda Roberts with your concerns.
1 Application of Terms
1.1 These Website Terms and Conditions (the "Terms") govern the relationship between you and Bud-Umbrella with regard to your use of the Bud-Umbrella Site
1.2 By accessing any part of the Bud-Umbrella Site, you consent to the Terms. Bud-Umbrella reserves the right to change the Terms from time to time without prior notice and accordingly you should check the Terms each time you access the Bud-Umbrella Site.
2 Use of the Website
2.1 The Bud-Umbrella Site is provided "as is" and for your own personal, and commercial use only. You may download, display, reformat or print parts of the Bud-Umbrella Site for your own personal use.
2.2 You agree not to modify, copy, distribute, transmit, display, reproduce, publish, license or otherwise use the content of the Bud-Umbrella Site for resale, redistribution or for any other commercial use.
2.3 You shall not use the Bud-Umbrella Site for any purpose that is unlawful, abusive, libelous or threatening or for the transmission of any virus or any other computer code, files, or programmes which are designed or likely to interrupt, damage, destroy any computer hardware or software or interfere in any way with the normal operations of the Bud-Umbrella Site.
2.4 You acknowledge that the Bud-Umbrella Site has been specifically designed for use in the United Kingdom and agree not to use or access the Bud-Umbrella Site in and from jurisdictions in which it or its contents are restricted or prohibited by local law.
3 Bud-Umbrella Products and Services
3.1 You acknowledge that Bud-Umbrella offers certain products and services on the Bud-Umbrella Site and that if you use or rely on these products or services you shall be bound by a separate agreement between you and Bud-Umbrella, the terms of which you shall accept on enrollment for a product or service or prior to reliance on a Bud-Umbrella product or service. This separate agreement contains the complete terms for use of or reliance on the relevant Bud-Umbrella product or service including all warranties and representations relating to that product or service. Bud-Umbrella does not give any warranties or representations in these Terms about the quality, functioning or accuracy of Bud-Umbrella's products or services.
4 Third party sites
4.1 You acknowledge that the Bud-Umbrella Site may contain links to websites operated by third parties ("Third Party Sites"). You further acknowledge that these links are for your convenience only and Bud-Umbrella does not endorse, nor purport to control, monitor or verify the contents of the Third Party Sites. Bud-Umbrella shall not be liable for the contents of the Third Party Sites or for any loss, damage or injury sustained by you arising out of use by you of a Third Party Site.
5 Intellectual Property Right Notice
5.1 You acknowledge and accept that all of the copyright, database rights and any other intellectual property rights which subsist in the design, layout, processes, functions, data and content of the Bud-Umbrella Site are the property of Bud-Umbrella, its information providers, advertisers and other licensors. No part of the Bud-Umbrella Site, or its content may be copied or reproduced (except for your personal use and as per clause 2.1 of these Terms).
5.2 Bud-Umbrella grants you a personal, non-exclusive, nontransferable license to access the Bud-Umbrella Site and use the Bud-Umbrella Site in accordance with these Terms.
5.3 Bud-Umbrella, are trademarks of Bud-Umbrella. All other trademarks contained in the Bud-Umbrella Site belong to their respective owners. You are not authorised under these Terms to use any of Bud-Umbrella's trademarks or any other trademarks contained in the Bud-Umbrella Site.
6 Disclaimer and exclusion of liability
6.1 Bud-Umbrella has taken all reasonable steps to ensure that the information on the Bud-Umbrella Site is accurate, complete and up to date and that the Bud-Umbrella Site functions correctly. However, no warranty, representation or assurance (whether express or implied) of any kind is given in this respect, nor that the Bud-Umbrella Site shall be compatible with your hardware and software and bug and/or virus-free, that it shall be accessible without interruption or that it or the information contained on it will meet your requirements.
6.2 YOU AGREE THAT Bud-Umbrella SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHATSOEVER (WHETHER DIRECT, INDIRECT, CONSEQUENTIAL OR FUTURE AND WHETHER OR NOT REASONABLY FORESEEABLE, CONTEMPLATABLE OR ACTUALLY CONTEMPLATED BY THE PARTIES) SUSTAINED BY YOU OR THIRD PARTIES ARISING OUT OF YOUR USE OF THE Bud-Umbrella SITE, WITH THE EXCEPTION THAT Bud-Umbrella DOES NOT PURPORT TO EXCLUDE LIABILITY IN RESPECT OF:
6.2.1 DEATH OR PERSONAL INJURY AS A RESULT OF ANY NEGLIGENCE; AND
6.2.2 FRAUD OR FRAUDULENT STATEMENTS
ON THE PART OF ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS OR AGENTS.
6.3 WITHOUT PREJUDICE TO THE GENERALITY OF CLAUSE 6.2, YOU AGREE THAT Bud-Umbrella SHALL NOT BE LIABLE TO YOU FOR ANY LOSS OF PROFIT, LOSS OF REVENUE, LOSS OF ANTICIPATED SAVINGS, LOSS OR CORRUPTION OF DATA, LOSS OF CONTRACT OR OPPORTUNITY OR LOSS OF GOODWILL.
6.4 THE PARTIES AGREE THAT ALL STATUTORY WARRANTIES AND ANY OTHER WARRANTIES EITHER EXPRESSED OR IMPLIED ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMISSIBLE BY LAW.
7 Indemnity
7.1 YOU AGREE TO INDEMNIFY AND HOLD Bud-Umbrella HARMLESS FROM ANY CLAIM OR DEMAND MADE BY ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE Bud-Umbrella SITE, YOUR USE OF ANY LINKS TO WEBSITES OPERATED BY THIRD PARTIES [AND Bud-Umbrella'S USE OF ANY INFORMATION SUPPLIED BY YOU]. YOU AGREE TO COOPERATE WITH Bud-Umbrella AND TO COMPLY WITH ITS REASONABLE INSTRUCTIONS TO LIMIT OR MINIMISE ANY LIABILITY OF Bud-Umbrella.
8 General
8.1 No third party shall have any rights to bring a claim under the Contracts (Rights of Third Parties) Act 1999 in respect of these Terms.
8.2 The rights and obligations created by these Terms are enforceable by and may be assigned by Bud-Umbrella. You may not assign your rights or obligations under these Terms.
8.3 To the extent that any of the provisions of these Terms are or become unenforceable, then it is the intention of the parties that such part be severed from the remaining part, and this shall not affect the validity or enforceability of the Terms as a whole or of any other provisions thereof.
9 Governing Law and Jurisdiction
9.1 The parties agree that these Terms are governed by English Law and the English Courts have exclusive jurisdiction. If you have any complaint or query in relation to the Bud-Umbrella Site of these Terms, please email Amanda Roberts at: info@bud-umbrella.org.uk