Terms and Conditions
IMPORTANT NOTICE TO ALL USERS
Use of Material
All copyright, trade marks and all other intellectual property rights in or relating to the site are and shall remain our property or, where applicable, are reproduced with the permission of the rights' owner, such as content suppliers, Partners and/or users. You may browse the contents, use any facilities and download a single copy of any material on the site to the extent that it is expressly made available to you, but this is solely for your own personal use and you must not remove any copyright or trade mark notices. You may not modify, reproduce, display, distribute or sell any such material for any commercial or business purpose, without our prior written permission.
You must not interfere or attempt to interfere with our site, host or network and/or that of any user or Partner in any way other than as specifically authorised, including, without limitation, submitting a virus to the site, overloading the site and sending unsolicited postings Any breach of this provision will be considered a serious breach of the Terms, and will entitle us to immediately terminate your access to the site.
It is your responsibility to use suitable anti-virus software on any material that you may download/upload from or to the Mercury Madness site and to ensure the compatibility of such software with your equipment, and we are not liable for any damage which may result from your failure to do so.
You are prohibited from using or attempting to use any device that will access data or accounts, or decipher, disassemble or re-engineer any of the software used by the site, other than acknowledged third party Web browsers (such as Microsoft Explorer and Netscape Navigator). Any breach of this provision will be considered a serious breach of the Terms, and will entitle us to immediately terminate your access to the site.
User Registration, Information and Passwords
You do not have to register with the johnshepherd.co.uk site to access the information and material held on the site but may find added benefits in doing so.
You are responsible for the security and confidentiality of your information and any password whether supplied by us or by you. The password must not be disclosed to any unauthorised third parties. You are responsible for all uses of your account or password whether authorised by you or not.
You agree and acknowledge that to the fullest extent permitted by law, and in view of the numerous sources from which we obtain content for the site, the impracticality of verifying the sources, and the nature of electronic distribution, that: We are providing the site on an "as is", "with all faults" basis and we and our suppliers make no representations or warranties of any kind with respect to:
The site and content contained on the site; The condition, quality, performance, accuracy, suitability, fitness for purpose, completeness, or freedom from viruses of the site; your ability to use the site or that it will be available in its current or any other format; and The truth, accuracy, or completeness of any material on the site.
We have no control over the information and material that can be accessed through, downloaded from or uploaded to the site, and any material provided is for your general information only and not intended to address your particular requirements.
We are not responsible or liable to you for any loss of content, information or material that you upload or download or transmit through the site.
We will not be responsible or liable to you or any third party for any modification, suspension of or discontinuance of the site.
It is your decision, where applicable, to use, post, submit, remove or alter information and material on, to or from the site and we are not responsible or liable for any loss or damage incurred by you or any third party as a result of your doing or failing to do the same.
We exclude all liability of any kind including for invasion of privacy, defamation, negligence or intellectual property right infringement, for the transmission or reception of information or material of whatever nature by, about or to you.
All warranties, conditions, undertakings, representations and terms whether express or implied are disclaimed.
We have no responsibility to provide to you any further information, documents or material concerning any new home that may be featured in or accessed through the site. Except for liability for death or personal injury arising out of negligence, we hereby disclaim and exclude all liability (whether in tort, contract, equity or otherwise) for any loss or damage whatsoever and howsoever incurred (including any consequential, special, secondary or indirect loss or damage or any damage to goodwill or profits or any loss of anticipated earnings incurred by you) to the fullest extent permitted by law.
This includes liabilities arising out of or in relation to or in connection with:
Your access to or use of or inability to use the site; with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure; or any content or material appearing on the site or from any action or decision taken as a result of using this site even if we or our employees, officers or agents are advised of the possibility of such damages, losses or expenses.
The site may contain links to other sites we believe you will or may be interested in. You acknowledge that we are not responsible for and have no control over the content or material of such sites, the operators of which do not necessarily have any association with us. Any dealings whatsoever between you and a third party accessed on or via the site (including Partners and suppliers) are solely between you and that third party, and you agree not to hold us liable for any loss or damage of any kind incurred as the result of such dealings. This provision shall only operate to the extent permitted by law.
Any notice to be given under these Terms by either party to the other shall be deemed to be served:
In the case of us communicating with you, twelve hours after we send an e-mail to the e-mail address specified by you during registration or any changed e-mail address subsequently notified to us; and in the case of you communicating with us, twelve hours after an email is sent to email@example.com
These Terms shall be governed by and construed in accordance with the laws of England and Wales and all disputes arising in connection with them shall be submitted to the exclusive jurisdiction of the English Courts.