- Content: all documents, materials, text, images, photos, audio, video and all forms of data, media or communication in Our Site;
- Service: any service which we may provide through Our Site;
- Third Party Content: all content that is made available on Our Site by parties other than us;
- Third Party Site: any internet web site not controlled by us;
- User: anyone who accesses, browses or in any way uses Our Site;
- you: you, as a User of Our Site, whether registered or not, and "your" shall be construed accordingly;
- Your Account: any account relating to Our Site which is created by you for your use in accordance with these Terms; and
- we or us: Fargro Limited and "our" shall be construed accordingly.
- Withdraw or amend any Service we provide on Our Site without notice; and
- Restrict access to some or all of Our Site, and we will not be liable if for any reason Our Site is unavailable at any time or for any period.
3. You are responsible for making all arrangements necessary for you to have access to Our Site. You are also responsible for ensuring that all persons who access Our Site through your internet connection are aware of and comply with these Terms.
2. You are solely responsible for your conduct and any Content that you submit, post or upload to Our Site. You are also responsible for all acts or omissions that you perform under Your Account. By way of example, and not as a limitation, you agree NOT to:
- Publish, distribute and/or disseminate any harmful, obscene, indecent, unlawful, libellous, profane, defamatory, infringing, inappropriate, hateful, or racially, ethnically or otherwise objectionable material, information or content;
- Use other users' personal data from purposes other than establishing contact that is reasonably expected to be welcomed by the users;
- Upload, post or disseminate any content or use our site in anyway that infringes any third party or intellectual property rights;
- Transmit, email or post any material that contains in any form software viruses or such programs as including but not limited to, Trojan horses, worms, time bombs, cancel-bots, computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Disseminate any unsolicited or unauthorised advertising, promotional materials, 'junk mail', 'spam', 'chain letters', pyramid schemes', or any other mass messaging.
- Modify, adapt, reverse engineer, appropriate, reproduce, distribute, translate, create derivative works or adaptions of, publicly display, sell, trade or in any way exploit our site or any content (other than your account), except as expressly authorised by us;
- Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape or index our site or any content.
- Take any action that imposes or may, in our sole discretion, impose an unreasonable or disproportionately large load on our technology infrastructure; or
- Remove, circumvent, disable, damage or otherwise interfere with any security-related features of our site, any features that prevent or restrict the use or copying of content, or any features that enforce limitations on the use of our site.
2. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights.
3. Subject to clauses 5.4 and 5.5 of these Terms, you may not post, modify, distribute, or reproduce in any way any Content or copyright material, trade marks, or other proprietary information belonging to others without obtaining the prior written consent of us or where applicable, the owner of such proprietary rights.
4. You may print off one copy and may download extracts of any page(s) from Our Site for your personal use and reference only.
5. Our status (and that of any identified contributors) as the authors of the Content must always be acknowledged.
6. If you print off, copy or download any part of Our Site in breach of these Terms, your right to use Our Site will cease immediately and you must, at our option, return or destroy any copies of any Content that you have made
3. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of Our Site.
4. We have the right to remove your Content if, in our opinion, it does not comply with these Terms.
5. If you upload any content, information, image or other form of data which is covered by intellectual property rights, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide licence to use any such data.
- Damage our reputation or take advantage of it; or
- Suggests any form of association, approval or endorsement on our part.
3. Our Site must not be framed on any other site, nor may you create a link to any part of Our Site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with these Terms.
4. We do not screen, verify or endorse any Third Party Content and cannot vouch for its accuracy. Where Our Site contains links to other sites or resources provided by third parties, these links are provided for your information only and you agree that we are not responsible for any loss or damage that may arise from your use of or reliance on it.
5. You may not distribute, sell, rent, sub-license, lease or make available any Third Party Content made available through Our Site
- Safe, secure, always available and fully functional;
- Free from error, interruption, suspension, or termination;
- That any Service or the server that makes it available are free of viruses or other harmful components; or
- That the use of any Service or the Content made available as part of any Service will be correct, accurate, timely, or otherwise reliable, and accordingly your use of Our Site is at your sole risk.
3. Subject to clause 8.5 of these Terms, to the extent permitted by law, under no circumstances will we be liable to you for any damages or losses however incurred, whether based in contract, tort, strict liability, or otherwise, arising out of or in connection with any matter listed in clause 8.1, whether or not we have been advised of the possibility of such damages or loss. Such limitation of liability shall also apply to:
- Damages arising from any use or misuse of and reliance on Our Site or any Content;
- Any inability to use any Service that we may provide through Our Site; or
- Any and all responsibility and liability for the conduct of any other User.
5. Nothing in this clause 8 affects any liability of ours which cannot be excluded or limited under applicable law.
- Your access to, or use of, Our Site;
- Your breach of these Terms; and
- Any infringement by you, or any third party using Your Account, of any intellectual property rights or other rights of any person or entity.
2. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any termination of your registration or membership.
3. We may also, in our sole discretion and at any time, discontinue temporarily or permanently providing access to Our Site or any Service, with or without notice. You agree that any termination or suspension of access to Our Site may be effected without notice, and you acknowledge and agree that we may immediately deactivate or delete Your Account and all related information and files in Your Account and/or bar any further access to such files or any Service.
4. Where possible, we will use reasonable efforts to give you and any User, fair notice of termination or suspension of their access to any Service. Further you agree that we shall not be liable to you or any third party for any termination or suspension of access to any Service or modification of any Service.
5. In the event of any termination, whether by you or us, clauses 5, 8, 10 and 14 of these Terms will continue in full force and effect.
2. Information collected in connection with your use of Our Site or any Service may be processed and stored in the United Kingdom, or other countries where we maintain facilities. If you live outside the United Kingdom and use Our Site or any Service, you expressly consent to the transfer to the United Kingdom of the personal information you provide to us, or such other countries as we may disclose from time to time. Additionally, you agree that we may use your User name to authenticate you on any Service provided by us.
2. Your continued use of Our Site after any posted modification to these Terms indicates your acceptance of the modification.
2. No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind us in any respect whatsoever.
3. Except as otherwise stated above, nothing herein is intended, nor will be deemed, to confer any rights or remedies upon any third party.
4. These Terms, together with any documents referred to herein, contain the entire agreement between you and us regarding the use of Our Site and supersede any prior agreement between us on such subject matter. Neither party may rely upon any representation made but not expressly contained in these Terms.
5. The failure by us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
6. You shall not assign these Terms or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any such purported assignment or delegation will be null and void and of no force or effect.
7. These Terms and any claims or disputes, whether contractual or non-contractual, arising from them will be governed by and construed in accordance with the laws of England and Wales and the parties hereby submit to the exclusive jurisdiction of the courts of England.
8. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms to be unenforceable, the remainder of these Terms will continue in full force and effect.
9. Any of our affiliates and intended third party beneficiaries of these Terms may enforce any of their terms and exercise any of the rights to the same extent as we may.
10. Without limiting the foregoing, under no circumstances shall we be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.