Terms and Conditions For Use of Thorcom Website
The following definitions apply to these Terms and Conditions of Use for the Thorcom Website:
1.1 The terms “Thorcom”, “Owner” and “We” mean Thorcom Systems Limited
1.2 The term “Website” means the Internet website operated by the owner and located at the Internet address https://thorcom.uk
1.3 The term “Information” shall mean any information that is textual, graphical, picture, image, diagram, electronic document, brochure, description of goods or materials or services described on the Website including sound, audio, video recordings, software, computer program, application program (“app”) or source code
1.4 The term “User” shall mean any person, company, business, organisation or association accessing the information on the website operated by the owner at the Internet address stated above
2.1 These Terms and Conditions shall govern all interactions between the User and the Website operated by the Owner.
2.2 By accessing information on the Website the User agrees to these Terms and Conditions in full
3. License to use website
Unless otherwise stated, Thorcom and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
3.1 You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
3.2 You may not:
a) republish material from this website (including republication on another website);
b) sell, rent or sub-license material from the website;
c) show any material from the website in public;
d) reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
e) edit or otherwise modify any material on the website; or
f) redistribute material from this website without express written permission of the owner.
4. Acceptable use
4.1 You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
4.2 You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
4.3 You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without the owner’s express written consent.
4.4 You must not use or attempt to use this website to transmit or send unsolicited commercial communications otherwise known as UCE or SPAM.
5. Restricted access
5.1 Some areas of this website may be restricted to use by registered customers, their agents or associates. The owner reserves the right to restrict access to [other] areas of this website, or indeed this entire website, at its sole discretion.
5.2 If we provide you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
5.3 We may disable your user ID and password at our sole discretion without notice or explanation.
6.1 This website is provided “as is” without any representations or warranties, express or implied. Thorcom makes no representations or warranties in relation to this website or the information and materials provided on this website.
6.2 Without prejudice to the generality of the foregoing paragraph, Thorcom does not warrant that:
a) this website will be constantly available, or available at all; or
b) the information on this website is complete, true, accurate or correct.
6.3 Nothing on this website constitutes, or is meant to constitute, professional advice of any kind.
7. Copyright and IPR
7.1 This website is Copyright © 2014-2016 Thorcom Systems Limited. All Rights Reserved.
7.2 All information on this website is owned by Thorcom Systems Limited and Thorcom Systems Limited is the author.
7.3 The “Thorcom” name, logo and design is a Registered Trademark of Thorcom Systems Limited and may not be used without written permission.
7.4 The “Mobilize” name, logo and design is a Registered Trademark of Thorcom Systems Limited and may not be used without written permission.
7.5 You may not copy, duplicate or reproduce this website or the information within this website except for personal study use.
7.6 If you wish to use the information contained within this website for anything other than personal study use please contact the owner for a license.
7.7 If you use any of the information or works provided on this website without a license or in breach of the general license for the website then you may be considered in breach of copyright and your use may be unlawful.
7.8 Restricted Rights (US Government users) – Any Software which is downloaded from this website for or on behalf of the United States of America, its agencies and/or instrumentalities (“U.S. Government”), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software – Restricted Rights at 48 CFR 52.227-19, as applicable. The manufacturer is Thorcom Systems Limited.
8. Limited warranties
8.1 We use reasonable care and skill to provide access to the website, however no guarantee is provided with respect to “service level” or availability of the website or of connectivity of the internet.
8.2 We do not warrant the completeness or accuracy of the information published on this website or that the material on the website is kept up-to-date.
8.3 To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
9. Limitations and exclusions of liability
9.1 Nothing in these terms and conditions will:
a) limit or exclude our or your liability for death or personal injury resulting from negligence;
b) limit or exclude our or your liability for fraud or fraudulent misrepresentation;
c) limit any of our or your liabilities in any way that is not permitted under applicable law; or
d) exclude any of our or your liabilities that may not be excluded under applicable law.
9.2 The limitations and exclusions of liability set out in this section and elsewhere in these terms and conditions:
a) are subject to the preceding paragraph; and
b) govern all liabilities arising under the terms and conditions or in relation to the subject matter of the terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
9.3 To the extent that the website and the information and services on the website are provided free-of-charge or by paid membership subscription, we will not be liable for any loss or damage of any nature.
9.4 We will not be liable to you in respect of:
a) any losses arising out of your inability to access or use the website;
b) any losses arising out of any event or events beyond our reasonable control;
c) any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill;
d) loss or corruption of any data, database or software; or
e) any special, indirect or consequential loss or damage.
You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions or arising out of any claim that you have breached any provision of these terms and conditions.
11. Breaches of these terms and conditions
Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach, including:
a) suspending your membership of the website;
b) prohibiting you from accessing the website;
c) blocking computers using your IP address from accessing the website;
d) contacting your internet service provider to request that they block your access to the website; and/or
e) bringing court proceedings against you.
12.1 We may revise these terms and conditions as necessary from time-to-time and without notice.
12.2 Revised terms and conditions will apply to the use of our website from the date of the publication of the revised terms and conditions on our website. Please check this page regularly to ensure you are familiar with the current version.
13.1 We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
13.2 You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
14.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful or unenforceable the other provisions will continue in effect.
14.2 If any unlawful or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
15. Exclusion of third party rights
15.1 These terms and conditions are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms and conditions is not subject to the consent of any third party.
15.2 A person who is not a party to this agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement except insofar as expressly stated otherwise.
16. Entire agreement
17. Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with English law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of England and Wales.