IMPORTANT LEGAL NOTICE
This notice is issued by Kesseler UK Limited.
1. Definitions and Interpretations
“Commercial Gain” includes: (i) using our Site as part of advertising which may result in revenue generation or personal gain; (ii) using our Site in connection with the sale of goods or services to a third party; and (iii) commercially exploiting our Site, including by copying, reproducing, distributing, publishing, transferring, licensing, selling or duplicating all or any element of our Site;
“Site” [include website URL here]
“we” “us” or “our” Kesseler UK Limited, a company registered in England and Wales with company number 07036375 whose registered address is: 81 Burton Road, Derby, Derbyshire, DE1 1TJ, whose email address is [insert relevant email address]; and
“you” “your” any person accessing our Site.
1.2 References to any statute or statutory provision include, unless the context otherwise requires, a reference to the statute or statutory provision as modified or re-enacted and in force from time to time and any subordinate legislation made from time to time under the relevant statute or statutory provision.
1.3 References to “persons” include natural persons, firms, partnerships, companies, corporations, associations and organisations, (in each case whether or not having separate legal personality).
1.4 Use of any gender includes the other gender.
1.5 Words in the singular include the plural and words in the plural include the singular.
1.6 Any reference to “writing” or any similar expression includes communications by post and email but excludes facsimile and text messages.
1.8 Any phrase introduced by the term “include”, “including”, “in particular” or any similar expression will be construed as illustrative and will not limit the sense of the words preceding that term.
2.1 You may access most areas of our Site without registering your details with us. However, certain areas of our Site may only be open to you if you register.
2.2 By accessing any part of our Site, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave the Site immediately.
2.5 Unless specified otherwise, the materials on this Site are directed solely at those who access the Site from within the United Kingdom. We make no representation that any products or services referred to on this Site are appropriate for use or available in other locations or languages. If you choose to access our Site from locations outside the United Kingdom, you are responsible for ensuring compliance with local laws if and to the extent that they are applicable.
3.1 Subject always to Conditions 3.3 and 3.5, you are permitted to print and download extracts from this Site for your own personal use on the following basis:
3.1.1 no documents or related graphics on this Site are modified in any way;
3.1.2 no graphics on this Site are used separately from accompanying text; and
3.1.3 our copyright and trademark notices and this permission notice must appear in all copies.
3.3 Subject to Condition 3.1, no part of this Site may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
3.5 You must not use this Site for Commercial Gain.
4. Visitor Material and Conduct
4.1 You must use this Site in the manner and for the purposes we intend (as communicated by any specific legal notices or terms located on particular pages of our Site) (“Intended Purposes”). We reserve the right to vary the Intended Purposes at any time by making changes to such legal notices or terms.
4.2 Any form of account created on our Site to interact with our blogs or with any message boards or discussion forums is subject to our authorisation and to you meeting reasonable standards of usage and behavior at all times. Failure by you to abide by these standards may, at our sole discretion, result in the termination of your account.
4.3 Any account name must not be offensive, defamatory, discriminatory, intended to deceive other users or promote any illegal activity. We reserve the right to decide whether an account name is acceptable or not.
4.4 Passwords, PIN codes or any other form of access code should be treated as confidential and not shared with any other person.
4.5 If you suspect your password has been discovered by a third party you should make use of the password reset function at [password reset/web page] [include link] as soon as possible.
4.7 You must only use this Site in the manner and for the purposes we intend (as communicated by any specific legal notices or terms located on particular pages of our Site) (“Intended Purposes”). We reserve the right to vary the Intended Purposes at any time by making changes to such legal notices or terms.
4.8 You are prohibited from posting or transmitting to or from our Site any material:
4.8.1. that is in any way threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory or blasphemous or which would or may breach any obligation of confidence or cause annoyance or inconvenience;
4.8.2. in respect of which you have not obtained any necessary licences and/or approvals;
4.8.3. which constitutes or encourages conduct that would be considered a criminal offence or otherwise contrary to the law United Kingdom or any other country in the world or which would infringe the rights of any third party or give rise to civil liability anywhere in the world;
4.8.4. which may cause damage to our software or systems ((including, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
4.8.5. that breaches any local, national or international law or regulations;
4.8.6. that is unlawful or fraudulent, or has any unlawful or fraudulent purpose; or
4.8.7. for the purpose of harming or attempting to harm minors in any way
and you agree to indemnify us against any loss or damage that may be suffered by as as a result of the same.
4.9. You are prohibited from:
4.9.1. using the Site to transmit or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
4.9.2. carrying out any hacking or similar activity in relation to the Site; and
4.9.3. using the Site in any way which is unlawful, offensive, defamatory or discrimantory or which is intended to deceive other users or promote any illegal activity
and you agree to indemnify us against any loss or damage that may be suffered by as as a result of any such use.
4.10. You agree that you will not:
4.10.1. use any robot, spider, scraper or other automated means to access this Site for any purpose without our express written permission;
4.10.2. take any action that imposes or may, in our opinion (which shall be final) impose, an unreasonable or disproportionately large load on our infrastructure;
4.10.3. interfere or attempt to interfere with the proper working of this Site or any activities conducted on this Site;
4.10.4. bypass any measures we may use to prevent or restrict access to this Site; or
4.10.5. extract or re-utilise substantial parts of this Site or make systematic and repeated extractions or re-utilisations of insubstantial parts of this Site.
4.11. We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting or transmitting any material to or from the Site or using the Site in breach of Conditions 4.7, 4.8 or 4.9.
5. [Message Boards / Discussion Forums
5.1 Any message boards or discussion forums on the Site must be used in accordance with the terms or legal notices set on the relevant pages. Such terms or legal notices will include information about the kind of service offered, whether it is moderated and, if so, what form of moderation is used (including whether it is human or technical).
5.3 If we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
5.4 Without prejudice to the foregoing and in addition to the terms set out in Condition 4, you agree to use any message boards or discussion forums in accordance with the following terms:
5.4.1 contributions must be civil and in good taste;
5.4.2 there must be no disruptive, offensive, abusive or threatening behaviour;
5.4.3 you must not post or otherwise contribute any unlawful or objectionable content, including but not limited to material which is sexist, racist, homophobic, obscene, pornographic or defamatory;
5.4.4 you must not make multiple postings;
5.4.5 you must not impersonate any other person;
5.4.6 you must not use swear words or any offensive or vulgar language; and
5.4.7 you must not refer to specific website addresses without our permission.
5.4.8 for your own safety and security, you must not reveal any personal information about yourself or anyone else (for example telephone or mobile numbers, or home addresses).
5.5 We reserve the right to delete any contribution to any message board or discussion forum on our Site at our sole discretion at any time, without notice.
5.6 If you are found to be in violation of any provision set out in this Condition 5, you may be blocked from or prohibited from using, the Site or any or all of the services on it, either permanently or temporarily.
5.7 You acknowledge that we do not not endorse the content of materials submitted by any user to any message board or discussion forum on this Site.]
6.1 Whilst we endeavour to ensure that our Site is normally available 24 hours a day, we do not guarantee such availability and shall have no liability to you if for any reason the Site is unavailable at any time or for any period.
6.2 Without prejudice to Condition 6.1, access to our Site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
7 Links to and from other Websites
7.1 Any links to third party websites on this Site are provided solely for your convenience. If you use any links, you leave this Site. We may not have reviewed any such third party websites and will not have any control over or be responsible for such websites or their content or availability. We therefore do not endorse or make any representations about any such links provided to third party websites or any material that may be found on any such third party websites. If you decide to access any third party websites using links on this Site, you do so entirely at your own risk.
7.2 You may link to the home page of this Site with our prior written permission so long as you do so in a manner which is fair and legal and which does not take advantage of or cause any damage to our reputation. We reserve the right to withdraw such permission at any time by giving you notice.
7.3 Your rights under Condition 7.2 are limited to linking to our home page and you are prohibited from linking to any other page. Any such link must make it clear that the Site and its content are distinct from the website containing the link.
7.4 Our Site must not be framed on any other Site , nor may you link to any page other than the home page without our express permission..
8 Information contained on the Site
8.1 Whilst we endeavour to ensure that the information on this Site is correct, we do not warrant the accuracy or completeness of any of the material on this Site.
8.2 We may make changes to the material on or described in this Site at any time without notice.
8.3 The material on this Site may be out of date, and we make no commitment to update such material.
8.4 The material on this Site is provided “as is” and, to the maximum extent permitted by law, we hereby exclude any conditions, warranties, representations or guarantees which, but for this Condition 8.4, would be implied in relation to this Site (including without limitation, any conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill).
8.5 [All information which is contained in the blog section of this Site does not represent our views but those of the named author only.] [Retain or delete as applicable]
9.2 Nothing in this legal notice shall exclude or limit our liability for:
9.2.1 death or personal injury caused by our negligence; or
9.2.2 fraudulent misrepresentation; or
9.2.3 any liability which cannot be excluded or limited under applicable law, including without limitation all relevant consumer law.
9.3 If your use of material on this Site results in the need for servicing, repair or correction of equipment, software or data, you will be liable for all costs incurred in connection with such servicing, repair or correction.
10 Governing Law and Jurisdiction
The Site is operated by:
KESSELER UK LIMITED whose registered office is at 81 Burton Road, Derby, Derbyshire, DE1 1TJ;
Registered company number 07036375
VAT number: 980197689