WEBSITE VISITOR AGREEMENT – GILMORE CONSULTANCY
WEBSITE USER AGREEMENT – GILMORE CONSULTANCY
Version 3 – 100518
ANY PERSON OR ENTITY ("User") VISITING, USING OR OTHERWISE ACCESSING THE SITE AT www.gilmoreconsultancy.com (“Site”) OR ANY OF THE INFORMATION CONTAINED WITHIN THE SITE AGREES TO AND IS BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF THIS WEBSITE USER AGREEMENT ("Agreement"):
1. Contracting Parties. When you provide information to or otherwise use the Site, you are contracting with Gilmore Consultancy Ltd, trading from Bridge Studios, 318-326 Wandsworth Bridge Road, London, SW6 2TZ. Gilmore Consultancy Ltd is referred to in these terms and conditions as "we", "us", "our" or “Gilmore”. You confirm that you are at least 18 years old (and where applicable you represent that you have full authority to bind the business on whose behalf you will use the Site).
2. Use of the Site. This Site is intended only for the purposes specified on the Site (“Services”). Use of the Site and/or the Content is entirely at your own risk. Please note that, whilst we endeavour to provide and host accurate and useful information, the Content may be inaccurate and is subject to change, often at very short notice. To the fullest extent permitted by applicable law, all Content is provided without any representations or warranties of any kind (either implied or express). Specifically, Gilmore does not represent or warrant that the Site or the Content will be accurate, up-to-date, complete or free of defects, including (without limitation) viruses or other harmful elements.
4. Content. The Site is intended only for the purposes specified on the Site, and your use of the Site and/or all content contained within the Site (“Content”) is entirely at your own risk. Please note, whilst we endeavour to provide accurate and up-to-date information, the Content may not be wholly accurate or up-to-date, complete or free of defects, and is subject to change, often at very short notice. All Content is provided without any representations or warranties of any kind (implied or express) to the fullest extent permitted by applicable law. Gilmore, unless otherwise stated herein, owns or controls all relevant intellectual property rights in the Site and the Content. You may not publish, distribute, extract, re-utilise, or reproduce any part of the Site or Content in any form (including storing it in any medium) other than as expressly allowed herein or as permitted on the Site or under UK or local law. The Site and the Content are for your personal, non-commercial use only, and are not for re-distribution, transfer, assignment or sublicense
5. Objectionable Material. If you encounter or become aware of any objectionable or infringing or unlawful content posted anywhere on the Site, please immediately report such material (and the specific page on which it is found) to email@example.com. Please note that there may be adverse legal consequences if you make a false or bad faith allegation through this process.
6. Liability. You agree that the liability of Gilmore to you hereunder shall be limited to the greater of: (a) the amount you have actually paid to Gilmore for its products or services; and (b) one hundred pounds (£100). Except as set out herein, Gilmore shall not be liable for any indirect or consequential loss of any kind in contract, tort or otherwise arising out of your use of the Site and/or in relation to the goods and/or services that we provide. Nothing in this Agreement shall operate to limit or exclude liability for death or personal injury caused by negligence of Gilmore.
7. Indemnity. You agree to indemnify Gilmore for any loss or damage that may be incurred by Gilmore, including without limitation legal fees, arising from any breach by you of any warranty or other term herein or your misuse of any material or information obtained through the Site. You further undertake to indemnify Gilmore for all loss or damage incurred by Gilmore in relation to any third party claim against Gilmore for infringement of intellectual property rights arising in relation to your provision of materials to the Site.
8. Termination of this Agreement. Gilmore may at any time terminate this legal Agreement (and/or restrict your access to the Site and/or the Services) if, in our sole discretion, we believe that you may have breached (or acted in a manner indicating that you do not intend to or are unable to comply with) any term herein, or if we are legally required to do so by law, or if continuation is likely to be no longer commercially viable.
9. Hacking. You agree not to attempt to damage, deny service to, hack, crack, reverse-engineer, or otherwise interfere (collectively, "Interfere") with the Site in any manner. If you in any way Interfere with the Site, you agree to pay all damages incurred by Gilmore. We will cooperate with the authorities in prosecuting any User who Interferes with the Site or otherwise attempts to defraud Gilmore or any other parties through User's use of the Site or services provided via the Site. We reserve the right to deny any or all access or service to any User for any reason, at any time, at our sole discretion. User agrees that we may block User’s IP address or addresses at any time, and at our sole discretion to disallow User's continued use of the Site without giving you any advance notice. We reserve the right to take any action we may deem appropriate in our sole discretion with respect to violations or enforcement of the terms of this Agreement, and we expressly reserve all rights and remedies available to us at law or in equity.
10. Trade Marks. The brands, products and service names used in this Site (including without limitation, "Waves”, “Waves Car Wash”, “MyCarWash”, “Tesco Hand Car Wash” and “Gilmore Consultancy”) are the trademarks or trade names of Gilmore or its trading partners unless otherwise stated. You may not distribute products or offer services under or by reference to or otherwise use or reproduce any such trademarks, trade names or taglines without the prior written permission Gilmore.
11. Registration. If you wish to register with the Site, you must agree to the terms of the Registered User Agreement, agree to keep your password secure and confidential and not allow anyone else to use your email address or password to access the Site; agree not to do anything which would assist anyone who is not a registered user to gain access to any secured area of the Site; and agree not to create additional registration accounts for the purpose of abusing the functionality of the Site, or other users, or to seek to pass yourself off as another user.
12. Featured Links. The Site may display and/or refer to links to other websites from time to time. Gilmore: (i) does not endorse or take responsibility for the content of such websites, (ii) is not responsible for the availability of such websites; and (ii) will not be liable in any way for any loss or damage which you may suffer by using such websites. If you decide to access linked websites, you do so at your own risk.
13. Linking to the Site. Any other website may link to our Site, provided it does not imply any endorsement of its products or services by Gilmore, does not misrepresent its relationship with or present false information about Gilmore, does not infringe any intellectual property or other right of any person and complies with all relevant laws and regulations. Please note, however, that Gilmore reserves the right to withdraw such permission at any time and to take any other appropriate action.
14. Complaints. If you believe that you are the owner of the copyright or other rights in any material(s) appearing on the Site, or if you have any other complaint about the Site or posted materials, please contact us via firstname.lastname@example.org.
15. Severability. If any part, term, or provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, unenforceable, or in conflict with any relevant law, the remaining portions or provisions shall still remain valid and continue in full force and effect.
16. No Partnership. Your use of the Site, the Services and/or the Content creates no partnership, client, fiduciary or other professional relationship.
17. Entire Agreement. This Agreement constitutes the entire agreement between the parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement.
18. Force Majeure. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations hereunder is caused by events outside our reasonable control.
19. Severance. If any part, term, or provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, unenforceable, or in conflict with any relevant law, the remaining portions or provisions shall still remain valid and continue in full force and effect.
20. No Waiver. No waiver, express or implied, by either party of any term or condition or of any breach by the other of any of the provisions of this Agreement shall operate as a waiver of any breach of the same or any other provision of this Agreement.
21. No Assignment. You may not assign or sub-contract any of your rights or obligations under this Agreement to any third party unless agreed upon in writing by Gilmore.
22. Variation. This Agreement may be varied from time to time by our posting new terms on the Site, and any such amendment will be applicable to all Users from the date and time such revised terms have been posted on the Site. Your continued use of the Site constitutes agreement with and acceptance of any such amendment or other changes.
23. Law and Jurisdiction. This Agreement shall be governed by and will be construed in accordance with the laws of England. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the English Courts.
24. Changes to this Agreement. This Agreement and/or any other terms of service may be changed without prior notice, and any such amendment will be applicable to all Users from the date and time such revised terms have been posted on the Site. User’s continued use of the Site or services constitutes agreement with and acceptance of any such amendment or other changes.
25. Contacting Us. You may contact us at the following address: Gilmore Consultancy Ltd, trading from Bridge Studios, 318-326 Wandsworth Bridge Road, London, SW6 2TZ, or at email@example.com.