| Terms and Conditions - netprobate Ltd. |  |
Definitions
1.1 "We, Us, Our" and related expressions refer to netprobate
Limited, a company incorporated in England with registration number 4571924.
1.2 "You, Your" and related expressions refer to the user of
the Our Site.
1.3 "Our Site" means the web site with address www.netprobate.co.uk
and www.netprobate.com.
2.1 Copyright Our Site, in its text, designs, graphics, arrangement and compilation of data is Our copyrighted property and/or Our holding company or companies, subsidiaries, third party providers and distributors.
2.2 Published content found on Our Site may consist of copyrighted material owned by third party providers and distributors.
2.3 The trade marks, logos and service marks displayed on Our Site (collectively, the "Trade Marks") include registered or unregistered trade marks belonging to Us, Our affiliates, and various third parties.
2.4 Nothing contained on Our Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the trade marks without the written permission of the owner of the trade marks.
2.5 Neither Our Site, nor any part of it may be reproduced, adapted, stored in a data storage or retrieval system or transmitted in any form or by any means without Our prior written permission, except as expressly permitted by law.
3.1 You may only use Our Site, in accordance with the terms and conditions set out herein, to make legitimate reservations or purchases. You shall not use Our Site for any other purposes, including without limitation, to make any speculative, false or fraudulent share valuation request.
3.2 You authorise Us where necessary to make share valuation requests on Your behalf in accordance with Your instructions.
3.3 We reserve the right, to be exercised in Our sole discretion, at any time and without notice to terminate or restrict Your access to Our Site or any component thereof.
5.1 You represent that You are of sufficient legal age and capacity to use Our Site and to create binding legal obligations for any liability You may incur as a result of the use of Our Site.
5.2 You represent that all personal information submitted to Us during member registration is correct.
5.3 You are financially responsible for all uses of Our Site by You and those using Your login information.
6.1 You have read Our Privacy Policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable.
6.2 Use of Your personal information will in all cases be with Your consent and subject to any rights You may have as a Data Subject under the Data Protection Act 1998 as amended from time to time.
7.1 We use reasonable endeavours to ensure that the data supplied on Our Site is accurate, and We rectify errors and omissions as soon as We become aware of them. To further reduce risk of error We only deal as far as possible with reputable and approved service providers.
7.3 Whilst We make every possible effort to ensure that Your use of Our Site is trouble-free, We do not warrant that Our Site will operate free from error, nor do We warrant that use of Our Site will not result in damage to Your computer or Your computer becoming infected with a computer virus or other harmful components. You are therefore advised to take suitable precautions and to use Your own anti-virus software at all times.
8.1 In no event shall We be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including, but not limited to lost profits or lost savings), whether based in contract, tort otherwise, which arises out of or is in any way connected with
8.1.1 any use of Our Site or content found herein,
8.1.2 any failure or delay (including, but not limited to the use of or inability to use any component of Our Site for share valuation), or
8.1.3 the performance or non-performance by Us or any third party providers or distributors, even if such party has been advised of the possibility of damages to such parties or any other party.
8.2 If, notwithstanding the foregoing, We should be found liable for any loss or damage which arises out of or is in any way connected with any of the above described functions or uses of Our Site or its content, Our liability shall in no event exceed, in the aggregate the share valuation fees incurred.
9.1 Our Site may contain links to other web sites which are provided solely as a convenience to You and not as an endorsement by Us, Our third party providers or distributors, of the contents of such other web sites. We shall not be responsible for the content of any other web sites and make no representation or warranty regarding any other web sites or the contents or materials on such web sites.
10.1 This Agreement is governed by English law and any dispute arising under or in connection with it shall be subject to the jurisdiction of the English Courts.
10.2 Any action You bring against Us must be brought within 2 years.
11.1 We may at any time without notice modify these terms and conditions and Your continued use of Our Site will be conditional upon the terms and conditions in force at the time of Your use.
12.1 This User Agreement, together with any terms and conditions incorporated herein or referred to in it, constitutes the entire agreement between Us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on Our Site.
12.2 Without limiting the generality of the forgoing, You shall have no remedy in respect of any untrue statement made to You in relying upon this User Agreement, and Your only remedy shall be for breach of contract. However, nothing in this User Agreement purports to exclude Our liability for any fraudulent statement or act.
