website terms and conditions
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3.8. The Website is provided on an 'as is' and 'as available' basis without any representation or

endorsement made and we make no warranties or guarantees, whether express or implied,

statutory or otherwise (unless otherwise expressly stated in these terms and conditions or

required by law) in relation to the information, materials, content or services found or

offered on the Website for any particular purpose or any transaction that may be

conducted on or through the Website including but not limited to, implied warranties of

non-infringement, compatibility, timeliness, performance, security, accuracy, condition or

completeness, or any implied warranty arising from course of dealing or usage or trade

custom.

3.9. We make no representation or warranty of any kind express or implied statutory or

otherwise regarding the availability of the Website or that it will be timely or error-free, that

defects will be corrected, or that the Website or the server that makes it available are free

of viruses or bugs.

3.10. We will not be responsible or liable to you for any loss of content or material uploaded or

transmitted through the Website and we accept no liability of any kind for any loss or

damage from action taken in reliance on material or information contained on the Website.

3.11. We cannot guarantee and cannot be responsible for the security or privacy of the Website

and any information provided by you.

3.12. You must bear the risk associated with the use of the internet. In particular, we \ill not be

liable for any damage or loss caused by a distributed denial-of-service attack, any viruses

trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which

is malicious or technologically harmful that may infect your computer, peripheral computer

equipment, computer programs, data or other proprietary material as a result of your use of

the Website or you downloading any material posted or sold on the Website or from any

website linked to it.

3.13. We reserve the right to disclose such information to law enforcement authorities as we

reasonably feel is necessary should you breach this agreement.

4. USE OF THE WEBSITE

4.1. You are permitted to use the Website and the material contained in it only as expressly

authorised by us and in accordance with these terms and conditions, as may be amended

from time to time without notice to you.

4.2. We provide access and use of the Website on the basis that we exclude all

representations, warranties and conditions to the maximum extent permitted by law.

4.3. We reserve the right to:

4.3.1. Make changes to the information or materials on this Website at any time and

without notice to you.

4.3.2. Temporarily or permanently change, suspend or discontinue any aspect of the

Website, including the availability of any features, information, database or content

or restrict access to parts of or the entire Website without notice or liability to you

or any third party.

4.3.3. Refuse to post material on the Website or to remove material already posted on

the Website

4.4. You may not use the Website for any of the following purposes:

4.4.1. Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful,

vulgar, obscene, or otherwise objectionable material

4.4.2. Transmitting material that encourages conduct that constitutes a criminal offence,

results in civil liability or otherwise

4.4.3. Breaching any applicable local, national or international laws, regulations or code

of practice

4.4.4. Gaining unauthorised access to other computer systems

4.4.5. Interfering with any other person's use or enjoyment of the Website

4.4.6. Breaching any laws concerning the use of public telecommunications networks

4.4.7. Interfering with, disrupting or damaging networks or websites connected to the

Website

4.4.8. Utilisation of data mining, robots or similar data gathering and extraction tools to

extract (whether once or many times) for re-utilisation of any substantial parts of

the Website

4.4.9. To transmit, or procure the sending of, any unsolicited or unauthorised advertising

or promotional material or any other form of similar solicitation

4.4.10. To create and/or publish your own database that features all or substantial parts of

the Website

4.4.11. Making, transmitting or storing electronic copies of materials protected by

copyright without the prior permission of the owner

4.5. In addition, you must not:

4.5.1. Knowingly introduce viruses, trojans, worms, logic bombs, keystroke loggers,

spyware, adware or other material which is malicious or technologically harmful to

the Website

4.5.2. Attempt to gain unauthorised access to the Website, the server on which the

Website is stored or any server, computer or database connected to it

4.5.3. Attack the Website via a denial-of-service attack or a distributed denial-of service

attack

4.5.4. Damage or disrupt any part of the Website, any equipment or network on which

the Website is stored or any software used for the provision of the Website

4.6. A breach of this clause may be a criminal offence under the Computer Misuse Act 1990.

We may report any such breach to the relevant law enforcement authorities and disclose

your identity to them. In the event of such a breach, your right to use the Website will

cease immediately.

5. LINKING TO THE WEBSITE

5.1. You must not create a link to the Website from another website, document or any other

source without first obtaining our prior written consent.

5.2. Any agreed link must be:

5.2.1. To the Website's homepage

5.2.2. Established from a website or document that is owned by you and does not

contain content that is offensive, controversial, infringes any intellectual property

rights or other rights of any other person or does not comply in any way with the

law in the UK and the law in any country from which they are hosted

5.2.3. Provided in such a way that is fair and legal and does not damage our reputation

or take advantage of it

5.2.4. Established in such a way that does not suggest any form of association, approval

or endorsement on our part where none exists

5.3. We have no obligation to inform you if the address of the Website home page changes and

it is your responsibility to ensure that any link you provide to our homepage is at all times

accurate.

5.4. We reserve the right to withdraw our consent without notice and without providing any

reasons for withdrawal. Upon receiving such notice you must immediately remove the link

and inform us once this has been done.

6. EXTERNAL LINKS

6.1. To provide increased value and convenience to our users, we may provide links to other

websites or resources for you to access at your sole discretion and risk. You acknowledge

and agree that, as you have chosen to enter the linked website we are not responsible for

the availability of such external sites or resources, and do not review or endorse and are

not responsible or liable in any way, whether directly or indirectly, for:

6.1.1. The privacy practices of such websites

6.1.2. The content of such websites, including (without limitation) any advertising,

content, products, goods or other materials or services on or available from such

websites or resources

6.1.3. The use which others make of these websites

6.1.4. Any damage, loss or offence caused or alleged to be caused to you, arising from

or in connection with the use of or reliance upon any such advertising, content,

products, goods, materials or services available on and/or purchased by you from

such external websites or resources

7. LIMITATION OF LIABILITY AND INDEMNITY

7.1. Notwithstanding any other provision in these terms and conditions, nothing will affect or

limit your statutory rights; or will exclude or limit our liability for:

7.1.1. Death or personal injury resulting from our negligence

7.1.2. Fraud or fraudulent misrepresentation

7.1.3. Action pursuant to section 2(3) of the Consumer Protection Act 1987

7.1.4. Any matter for which it would be unlawful for us to exclude or attempt to exclude

our liability

7.2. We will not be liable, in contract or tort (including, without limitation, negligence), or in

respect of pre-contract or other representations (other than fraudulent or negligent

misrepresentations) or otherwise for the below mentioned losses which you have suffered

or incurred arising out of or in connection with the provision of any matter in these terms

and conditions even if such losses are forseeable or result from a deliberate breach by us

or as a result of any action we have taken in response to your breach:

7.2.1. Any economic losses (including without limitation loss of revenues, profits,

contracts, business or anticipated savings)

7.2.2. Any loss of goodwill or reputation; or

7.2.3. Any special or indirect losses; or

7.2.4. Any loss of data

7.2.5. Wasted management or office time

7.2.6. Any other loss or damage of any kind

7.3. You agree to fully indemnify, defend and hold us, and our officers, directors, employees

and suppliers, harmless immediately on demand, from and against all claims, including but

not limited to losses (including loss of profit, revenue, goodwill or reputation), costs and

expenses, including reasonable administrative and legal costs, arising out of any breach of

these terms and conditions by you, or any other liabilities arising out of your use of this

Website or any other person accessing the Website using your personal information with

your authority.

7.4. This clause does not affect your statutory rights as a consumer.

8. GENERAL

8.1. We reserve the right to change the domain address of this Website and any services,

products, product prices, product specifications and availability at any time.

8.2. If any provision of these terms and conditions is held by any competent authority to be

invalid or unenforceable in whole or in part, the validity of the other provisions in these

terms and conditions and the remainder of the provision in question will not be affected.

8.3. All Contracts are concluded and available in English only.

8.4. If we fail, at any time to insist upon strict performance of any of your obligations under

these terms and conditions, or if we fail to exercise any of the rights or remedies to which

we are entitled under these terms and conditions, it shall not constitute a waiver of such

rights or remedies and shall not relieve you from compliance with your obligations.

8.5. A waiver by us of any default shall not constitute a waiver of any subsequent default.

8.6. No waiver by us of any of these terms and conditions shall be effective unless it is

expressly stated to be a waiver and is communicated to you in writing.    
 

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                                                                                           Duco Designs Ltd registered company in England and Wales. Company No 07527215
                                 Registered office: 19 Cambridge Road, Cheadle, Cheshire SK8 4AE
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