Terms and Conditions for the use of the Hotchkiss Group Limited website ("Site").
Please ensure that you read carefully through the following terms and conditions before using this Site.
By accessing this Site you agree to be bound by these terms and conditions and all other applicable laws. If you do not agree to be bound by these terms and conditions then please do not use this Site.
These terms and conditions:
The provisions in these terms and conditions relating to disclaimer, copyright, trademark, limitation of liability, indemnity, hypertext links, severance, terms and conditions for sale of goods and law and jurisdiction shall survive any termination.
This Site and the materials, products and services in this Site are provided on an "as is" and "as available" basis.
To the full extent permitted at law Hotchkiss Group Limited makes no (and expressly disclaims all) representations or warranties, express or implied in respect of this web site or its contents or the contents, advice and opinions of any Hypertext Link or third party contributor to this Site, including, but not limited to, implied warranties as to quality, accuracy, adequacy, usefulness, timeliness, reliability, merchantability and fitness for a particular purpose and non infringement of the contents of this Site or any goods or services purchased or obtained or any transactions entered into by you through this Site.
Hotchkiss Group Limited does not represent or warrant that the material or any of the functions contained in this Site or the contents of any hypertext link or any comments, advice or opinions by any third party contributor to this Site will be uninterrupted, accurate, complete or that current defects will be corrected, or that this Site or the server that makes the Site available are free of viruses or other harmful components.
You agree that all copyright, trademarks and other intellectual property rights in the material or content of this Site shall remain at all times vested in Hotchkiss Group Limited or its licensors.
You agree that the content of this Site is made available for you in your personal capacity and for your personal use only, and not for any commercial use. You agree that you may only download the content of this Site onto one computer hard drive, but not for commercial use, and that any other use of the content of the Site is strictly prohibited.
You agree that you will neither solely or jointly with or on behalf of any other third party directly or indirectly copy, reproduce, transmit, distribute, publish, display, commercially exploit or create derivative works of the content of this Site.
You agree that you will not change in any way any proprietary notices from material down loaded from this Site by you for your non-commercial personal use.
You agree that by the act of posting materials onto this Site you grant Hotchkiss Group Limited and any licensors an irrevocable, perpetual, royalty free worldwide license to use the said materials in any manner that Hotchkiss Group Limited sees fit. The license will include broadcasting, editing, copying, distributing and otherwise transmitting the material.
The trademarks and logos and service marks used and displayed on this Site are, unless otherwise specified, the trademarks of Hotchkiss Group Limited. No rights are granted to use any of them without the written permission of Hotchkiss Group Limited.
You accept that if you infringe any of the Intellectual Property Rights mentioned above a civil action is likely to be commenced against you.
With the exception of death or personal injury resulting from the negligence of Hotchkiss Group Limited and to the fullest extent permitted by law you agree that Hotchkiss Group Limited shall not be liable in negligence, contract, tort, statutory duty or in any other way for any of the following:
Condition 4.1 shall apply even if Hotchkiss Group Limited has been advised of the possibility of such loss or damage.
You acknowledge that any dealings, bookings or purchases of goods or services made with a third party by you through this Site shall be subject to the terms and conditions of that third party and that Hotchkiss Group Limited will not be a party to or in any way responsible for or liable to you in respect of any transactions between you and that third party.
You agree that it is your sole responsibility to evaluate any goods or services offered by this Site or by any third parties via this Site.
Hotchkiss Group Limited is unable and therefore does not make any representations or warranties as to the security of information that you pass to any third parties as a result of using this Site either directly or indirectly.
You acknowledge that Hotchkiss Group Limited has no control over the information which can be accessed by this Site or which can be accessed by any other web site which you access as a result of using this Site.
You acknowledge that Hotchkiss Group Limited does not know or examine the use to which you or other users put this Site or the nature of the information you or other users are sending or uploading.
Hotchkiss Group Limited therefore excludes all liability of whatever kind and to the fullest extent permitted by law (this includes libel, breach of confidence, invasion of privacy, negligence and all intellectual property infringements) for the transmission or reception of information which can be accessed by the Site of whatever nature by about or to you.
Hotchkiss Group Limited may serve notice upon you by any of the following means:
Hotchkiss Group Limited may provide links from its own Site to other web sites, however you agree that Hotchkiss Group Limited has no control over these Hypertext Links (or any other third party link) and that you use these links entirely at your own risk.
You agree that Hotchkiss Group Limited has no responsibility or liability for the content or any policies of any Hypertext Links (or any other third party link) as mentioned above.
If this Site contains bulletin boards, chat rooms, or other message or communication facilities (collectively "Forums"), you agree to use the Forums only to send and receive messages and material that are proper and related to the particular Forum. By way of example, and not as a limitation, you agree that when using a Forum, you shall not do any of the following:
Nothing in these terms and conditions shall conflict with the terms and conditions for sale of goods with Hotchkiss Group Limited and to the extent that they do the terms and conditions for sale of goods shall prevail.
You agree to keep Hotchkiss Group Limited indemnified against all actions, claims, costs, expenses (including all legal costs) and damages brought against or suffered by Hotchkiss Group Limited arising out of any breach of these terms and conditions or any activity relating to your use of the Site (including negligent or wrongful conduct) by you or any other person accessing the Site using your name or any other name with which you have registered under this Site.
If you are under 18 years of age you agree that you have had your parents permission to send any information to us about yourself or anyone else over the Internet.
Hotchkiss Group Limited make no representations or warranties to the effect that the contents of this Site are suitable for people under the age of 18.
If any of these terms and conditions shall in whole or in part be held to any extent to be illegal or unenforceable under any enactment or rule of law such provision shall to the extent required be severed from the terms and conditions and rendered ineffective as far as possible without modifying the remaining provisions of this agreement and shall not in any way affect any other circumstances or the validity or enforcement of these terms and conditions.
These terms and conditions shall be governed by and construed in all respects in accordance with English law and the parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction in respect of any dispute, suit, action, arbitration or proceedings which may arise out of or in connection with these terms and conditions provided that Hotchkiss Group Limited has the right at it's sole discretion to commence and pursue proceedings in any other jurisdiction or jurisdictions whether concurrently or not.