Terms and conditions

This agreement applies as between you, the User of this Web Site
and/or Application and The Bathwick Group (2004) Ltd., the owner of
this Web Site and/or Applications. You are deemed to be in agreement
and to comply with and be bound by these terms and conditions upon
your first use of the Web Site and/or Application. If you do not agree
to be bound by these terms and conditions, you should stop using this
Web Site or Application immediately.

1. Definitions and Interpretation
In this Agreement the following terms shall have the following
meanings:

“Application” means any Application being used by you that was
conceived by, is owned and/or provided by The Bathwick Group (2004)
Ltd.;

“Bathwick” means The Bathwick Group (2004) Ltd. and any of its
subsidiaries or directly associated businesses;

“Content” means any text, graphics, images, audio, video, data
compilations, electronic communication, software and any other form of
information capable of being stored in a computer that appears on or
forms part of this Web Site or Application;

“Service” means collectively any online facilities, tools, services or
information that Bathwick makes available through this Web Site or
Application either now or in the future;

“User” / “Users” means any third party that accesses the Web Site or
uses any Application and is not employed by Bathwick and acting in the
course of their employment; and

“Web Site” means the Web Site that you are currently using and any
sub-domains or sub-sites of this site unless expressly excluded by
terms and conditions extant on such sub-domain or sub-site.

2. Intellectual Property
Subject to the exceptions in Clause 3 of these Terms and Conditions,
all Content included on the Web Site, unless uploaded by Users,
including, but not limited to, text, graphics, logos, icons, images,
sound clips, video clips, data compilations, page layout, underlying
code and software is the property of Bathwick. By continuing to use
the Web Site you acknowledge that such material is protected by
applicable United Kingdom and International intellectual property and
other laws.

You may not reproduce, copy, distribute, store or in any other fashion
re-use material from the Web Site unless otherwise indicated on the
Web Site or unless given express written permission to do so by
Bathwick.

3. Third Party Intellectual Property
Unless otherwise expressly indicated, all Intellectual Property rights
including, but not limited to, Copyright and Trademarks, in product
images and descriptions belong to the manufacturers or distributors of
such products as may be applicable.

You may not reproduce, copy, distribute, store or in any other fashion
re-use such material unless given express written permission to do so
by the relevant manufacturer or supplier.

4. Permissions policy
This Permissions policy applies to all Web Sites and Applications
owned or controlled by Bathwick.

4(a) Registration, Passwords and Responsibilities
Sections of Bathwick’s Web Sites and Applications require
registration. You are solely responsible for the confidentiality use
of and access to Bathwick’s Web Sites and Applications using your
username, password or ID. You agree to immediately notify Bathwick if
you become aware of any loss or theft of any username, password or ID
or of any unauthorised use of a username, password, ID, or other login
details. Bathwick reserves the right to monitor and record activity on
its websites.

4(b) Personal, non-commercial use
You may download, reformat, and print a limited amount of Bathwick’s
content for your personal, non-commercial use. You may also include
excerpts or limited portions of Bathwick’s information in printed
memos, reports, and presentations. Any such material must however be
attributed by including the words "By permission of The Bathwick
Group, copyright 20xx. All rights reserved."

4(c) Logo and images
You may not reproduce the Bathwick logo or any other individual images
contained on our website without prior permission.

4(d) Other reproductions
Any other reproduction of Bathwick’s content requires permission from
us, and some forms of reproduction will require you to pay a licensing
fee. All commercial uses of Bathwick’s content require our
permission, including but not limited to the following:
  • Use of Bathwick’s content in advertisements or
    promotions;

  • Use of Bathwick’s trademarks or logos;

  • Use of quotes, excerpts, or full text of Bathwick’s reviews,
    articles, or features.

Bathwick does not allow the reposting of its online content (including
video, audio, text, graphics, layout, underlying code or software) on
a website or a public discussion board except in the case of a
specific licensing agreement. We do not allow the rebroadcast of any
Bathwick video clips or webcasts online. All video clips and webcasts
are protected by UK copyright and international treaties and may not
be reproduced without the express permission of Bathwick.

4(e) How to get permission
Please contact Sharon Towe for more information on re-use permissions,
including hard-copy reprints. In all cases, if permission is granted,
content must be reproduced in the form agreed and accompanied by the
following copyright statement and credit: "By permission of The
Bathwick Group, copyright 20xx. All rights reserved." Note: text,
photos, graphics, audio and/or video material provided via third
parties shall not be published, broadcast, rewritten for broadcast or
publication, or redistributed directly or indirectly in any medium.

5. Disclaimers
5(a) Bathwick makes no warranty or representation that this Web
Site or Application will meet your requirements, that it will be of
satisfactory quality, that it will be fit for a particular purpose,
that it will not infringe the rights of third parties, that it will be
compatible with all systems, that it will be secure and that all
information provided will be accurate. We make no guarantee of any
specific results from the use of our Services.

5(b) No part of this Web Site or Application is intended to
constitute advice and the Content of this Web Site should not be
relied upon when making any decisions or taking any action of any
kind.

5(c) No part of this Web Site or Application is intended to
constitute a contractual offer capable of acceptance.

5(d) Bathwick does not represent or warrant that any products
and/or services referenced in this Web Site or Application will be
available from Bathwick. The availability for purchase of any product
or service referenced on this Web Site or Application should be
confirmed in writing with Bathwick.

6. Availability of the Web Site and Applications
The Service is provided “as is” and on an “as available” basis. We
give no warranty that the Service will be free of defects and/or
faults. To the maximum extent permitted by the law we provide no
warranties (express or implied) of fitness for a particular purpose,
accuracy of information, compatibility and satisfactory quality.

Bathwick accepts no liability for any disruption or non-availability
of the Web Site or Application resulting from external causes
including, but not limited to, ISP equipment failure, host equipment
failure, communications network failure, power failure, natural
events, acts of war or legal restrictions and censorship.

7. Limitation of Liability

7(a) To the maximum extent permitted by law, Bathwick accepts
no liability for any direct or indirect loss or damage, foreseeable or
otherwise, including any indirect, consequential, special or exemplary
damages arising from the use of the Web Site or Application or any
information contained therein. Users should be aware that they use the
Web Site and/or Application and its Content at their own risk.

7(b) Nothing in these terms and conditions excludes or
restricts Bathwick’s liability for death or personal injury resulting
from any negligence or fraud on the part of Bathwick.

7(c) Whilst every effort has been made to ensure that these
terms and conditions adhere strictly with the relevant provisions of
the Unfair Contract Terms Act 1977, in the event that any of these
terms are found to be unlawful, invalid or otherwise unenforceable,
that term is to be deemed severed from these terms and conditions and
shall not affect the validity and enforceability of the remaining
terms and conditions. This term shall apply only within jurisdictions
where a particular term is illegal.

8. No Waiver
In the event that any party to these Terms and Conditions fails to
exercise any right or remedy contained herein, this shall not be
construed as a waiver of that right or remedy.

9. Privacy
Use of this Web Site and/or Application is also governed by our
Privacy Policy. To view the Privacy Policy, please click on the
appropriate link in the Web Site or Application you are using.

10. Linking policy
We welcome inward links to the Bathwick Web Site.

10(a) Advance permission to link to this website is not
required, providing the following conditions are observed:
  • Links should be appropriate and relevant in the context of
    Bathwick

  • You may not present our website content as your own, otherwise
    misrepresent the content of our web pages or misinform users about the
    origin or ownership of the content of Bathwick's Web Site

  • A link to this Web Site must not be used to imply endorsement of
    your website, related products or services, or for any other
    commercial purposes

  • Your site must not conflict with the business or aims of
    Bathwick

  • Any link to our Web Site should be a full-forward link that
    passes the client browser to our website unencumbered – in particular,
    you may not capture our web pages within a frameset on your
    website.


10(b) Other conditions and exclusions
  • Bathwick is not responsible for broken links produced on your
    website as a result of our moving or deleting pages on our site.

  • We do not permit links to Bathwick from websites that contain
    material which is libellous, defamatory, pornographic, obscene, or is
    in any way a breach of the laws of England and Wales or infringes any
    third party intellectual property rights.

  • Any change of use, extension or sub-licence of Bathwick’s links
    to other organisations needs to be subject to Bathwick’s
    permission.


10(c) Links to third-party websites
  • This Web Site or Application may contain links to other web
    sites owned and/or operated by third party organisations. Unless
    expressly stated, these sites and/or applications are not under the
    control of Bathwick or that of our subsidiaries or affiliates. We
    assume no responsibility for the content of such Web Sites or
    Applications and disclaim liability for any and all forms of loss or
    damage arising out of the use of them. Bathwick is providing these
    links to you only as a convenience, and the inclusion of any link does
    not imply any endorsement of the sites, companies, products or
    services themselves, or of those in control of them.


11. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and
any prior versions thereof, the provisions of these Terms and
Conditions shall prevail unless it is expressly stated otherwise. The
date of these terms and conditions is that noted in clause 11.

12. Validity
These terms and conditions are valid from 1st November 2009 and
supersede any and all terms and conditions previously applied to
Bathwick’s Web Sites, Applications, and associated Services.

13. Notices
All notices and/or communications should be addressed to us either by
post to our registered address or by email to enquiries@bathwick.com.
Such notice will be deemed received when we have acknowledged receipt
either in writing or by email.

14. Law and Jurisdiction
These terms and conditions and the relationship between you and The
Bathwick Group (2004) Ltd. shall be governed by and construed in
accordance with the Law of England and Wales and Bathwick and you
agree to submit to the exclusive jurisdiction of the Courts of England
and Wales.


© The Bathwick Group 2010

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