1. ACCEPTANCE OF TERMS :
1.Your access to and use of
www.evershinehaulageltd.co.uk(“the Website”) and any Services referred to in Clause 2, is
subject exclusively to these Terms and Conditions. You will not use the Website for any
purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website
you are fully accepting the terms, conditions and disclaimers contained in this notice. If
you do not accept these Terms and Conditions you must immediately stop using this Website.
2. We reserve the right to update or amend these Terms and Conditions at any time and
your continued use of the Website following any changes shall be deemed to be your
acceptance of such change. It is therefore your responsibility to check the Terms and
Conditions regularly for any changes.
2. THE SERVICES :
1. The Website may provide
communication tools such as email, bulletin boards, chat areas, news groups, forums and/or
other message or communication facilities (“the Services”) designed to enable you to
communicate with others. Unless stated otherwise the Services are for your personal and
non-commercial use only.
3. CHILD SUPERVISION :
1. We are concerned about the
safety and privacy of our users, particularly children. Parents who wish to allow their
children access to and use of the Website/Services should supervise such access and use. By
allowing your child access to the Services you are allowing your child access to all of the
Services, including email, bulletin boards, chat areas, news groups, forums and/or other
message or communication facilities. It is therefore your responsibility to determine which
Services are appropriate for your child. Always use caution when revealing personally
identifiable information about yourself or your children via any of the Services.
4. PRIVACY POLICY :
1. We are committed to responsible
data management and subscribe to the principals of the data protection legislation in the
United Kingdom. We are committed to maintaining the privacy of our users and maintaining the
security of any personal information received from you. If you register for any of the
Services you will be asked to provide basic personal information. The information provided
by you is not available for sale or use by third parties. The information is used solely for
notifying you of changes or updates to the Website/Services.
5. USER ACCOUNT, PASSWORD AND SECURITY :
1. If a
particular Service requires you to open an account you will be required to complete the
registration process by providing certain information and registering a username and
password for use with that Service. You are responsible for maintaining the confidentiality
of the username and password and also for all activities which take place under your
account. You agree to immediately notify us of any unauthorised use of your password or
account or any other breach of security. In no event will www.evershinehaulageltd.co.uk be liable for any
indirect or consequential loss or damage whatsoever resulting from the disclosure of your
username and/or password. You may not use another person´s account at any time, without the
express permission of the account holder.
6. ACCEPTABLE USE :
1. You acknowledge that all
information, text, graphics, logos, photographs, images, moving images, sound, illustrations
and other materials (“the Content”), whether posted publicly or transmitted privately, are
the sole responsibility of the person from whom such Content originated. We do not control
or endorse the Content and cannot guarantee the accuracy, integrity or quality of such
Content and you acknowledge that by using the Services you may be exposed to Content that is
offensive and/or indecent. www.evershinehaulageltd.co.uk will not be
liable in any way for any Content or for any loss or damage of any kind resulting from the
use of any Content transmitted via the Services and you agree to bear all risks associated
with the use of any Content, including any reliance on the accuracy or completeness of such
Content.
2. In using the Website/Services you agree not to:
1. use the Services to send junk email, spam, chain letters, pyramid schemes or any other
unsolicited messages, commercial or otherwise;
2. post, publish, distribute or disseminate material or information that is defamatory,
infringing, obscene, indecent, threatening, abusive, harassing or unlawful;
3. post, publish, distribute or disseminate material or information that incites
discrimination, hate or violence towards any person or group on account of their race,
religion, disability, nationality or otherwise;
4. threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including rights
of privacy and publicity) of others;
5. use any information or material in any manner that infringes any copyright, trademark,
patent or other proprietary right of any party;
6. make available or upload files that contain a virus, worm, trojan or corrupt data that
may damage the operation of the computer or property of another;
7. collect or store personal information about others, including email addresses;
8. advertise or offer to buy or sell goods or services for any commercial purpose, unless
such communication facility specifically allows such messages;
9. impersonate any person or entity for the purpose of misleading others;
10. violate any applicable laws or regulations;
11. use the Website/Services in any manner that could damage, disable, overburden or impair
the Website/Services or interfere with any other party´s use and enjoyment of the
Website/Services;
12. post, publish, distribute or disseminate material or information that you do not have a
right to transmit under any law or under contractual or fiduciary relationships (such as
inside information or confidential information disclosed in the course of employment or
under a confidentiality agreement);
13. attempt to gain unauthorised access to any of the Services, other accounts, computer
systems or networks connected to the Website/Services through hacking, password mining or
any other means.
3. We have no obligation to monitor the Services but shall be entitled to review materials
posted to a communications facility and, at our sole discretion, to remove any material that
breaches these Terms and Conditions or is otherwise objectionable.
7. TERMINATION :
1. We have the right to terminate your
access to any or all of the Services at any time, without notice, for any reason, including
without limitation, breach of these Terms and Conditions. We may also at any time, at our
sole discretion, discontinue the Website/Services or any part thereof without prior notice
and you agree that we shall not be liable to you or any third party for any termination of
your access to the Website/Services
8. LINKS TO THIRD PARTY WEBSITES :
1. The
Website/Services may include links to third party websites that are controlled and
maintained by others. Any link to other websites is not an endorsement of such websites and
you acknowledge and agree that www.evershinehaulageltd.co.uk is not
responsible for the content or availability of any such sites.
9. INTERNATIONAL USE :
1. You agree to comply with all
applicable laws regarding the transmission of technical data exported from the United
Kingdom or the country in which you reside (if different) and with all local laws and rules
regarding acceptable use of and conduct on the Internet.
10. INTELLECTUAL PROPERTY RIGHTS :
1. The Website and its content (including without limitation the Website design, text,
graphics and all software and source codes connected with the Website and the Services) are
protected by copyright, trade marks, patents and other intellectual property rights and
laws. In accessing the Website you agree that you will access the contents solely for your
personal, non-commercial use. None of the content may be downloaded, copied, reproduced,
transmitted, stored, sold or distributed without the prior written consent of the copyright
holder. This excludes the downloading, copying and/or printing of pages of the Website for
personal, non-commercial home use only.
2. Evershine Haulage Ltd does not claim ownership of any materials you post, upload or
submit to any publicly accessible area of the Services. However, by doing so you are
granting us a world-wide, royalty free, non-exclusive licence to copy, distribute, transmit,
reproduce, publicly display, edit, translate or publish such Content for as long as you
elect to display such Content via the Services. The licence shall be terminated when such
Content is deleted from the Services.
11. INDEMNITY :
1. You agree to indemnify and hold www.evershinehaulageltd.co.uk harmless from and
against any breach by you of these Terms and Conditions and any claim or demand brought
against www.evershinehaulageltd.co.uk by any
third party arising out of your use of the Services and/or any Content submitted, posted or
transmitted through the Services, including without limitation, all claims, actions,
proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs
and expenses) howsoever suffered or incurred by www.evershinehaulageltd.co.uk in consequence of
your breach of these Terms and Conditions.
12. DISCLAIMERS AND LIMITATION OF LIABILITY
1. Use of the Website/Services is at your own risk. The Website/Services are provided on an
“AS IS” and “AS AVAILABLE” basis without any representation or endorsement made and without
warranty of any kind whether express or implied, including but not limited to the implied
warranties of satisfactory quality, fitness for a particular purpose, non-infringement,
compatibility, security and accuracy.
2. To the extent permitted by law, www.evershinehaulageltd.co.uk will not be liable for any
indirect or consequential loss or damage whatsoever (including without limitation loss of
business, opportunity, data, profits) arising out of or in connection with the use of the
Website/Services.
3. Evershinehaulageltd.co.uk makes no warranty that
the Website/Services will meet your requirements, that Content will be accurate or reliable,
that the functionality of the Website/Services will be uninterrupted or error free, that
defects will be corrected or that the Website/Services or the server that makes them
available are free of viruses or anything else which may be harmful or destructive.
4. Nothing in these Terms and Conditions shall be construed so as to exclude or limit the
liability of Evershinehaulageltd.co.uk for death or
personal injury as a result of the negligence of www.evershinehaulageltd.co.uk
5. Nothing in these Terms and Conditions shall affect your statutory rights as a consumer.
13. SEVERANCE :
1. If any of these Terms and Conditions
should be determined to be invalid, illegal or unenforceable for any reason by any court of
competent jurisdiction then such Term or Condition shall be severed and the remaining Terms
and Conditions shall survive and remain in full force and effect and continue to be binding
and enforceable.
14. GOVERNING LAW :
1. These Terms and Conditions shall
be governed by and construed in accordance with the law of England and you hereby submit to
the exclusive jurisdiction of the English courts.