Terms and Disclaimer

Website Terms and Conditions

These terms and conditions (“Terms“) apply to the entire contents of the Website under the domain name www.iambanksy.co.uk (“Website“) and to any correspondence by e-mail between us and you. Please read these Terms carefully before using the Website. By accessing any part of the Website you shall be deemed to have accepted these Terms in full. If you do not accept these Terms or any part of them, you cannot use the Website and you must leave it immediately.

References to “us“, “our” and “we” in these Terms means Alastair Banks and other guest bloggers.

Your use of this website

The content of this Website is © Alastair Banks 2009. All rights are reserved. Access to the Website is permitted on a temporary basis. You are not permitted to print and download extracts from this Website.

Unless otherwise stated, the copyright, trademark and other intellectual property rights in all material on this Website are owned by us or our licensors. Except as expressly provided nothing contained in this Website shall be construed as creating any license or right under copyright, trademark or other intellectual property rights.

Any use of extracts from this Website other than as permitted above for any purpose is prohibited. If you breach any of these Terms, your permission to use or access the Website will automatically terminate.

You shall be entitled to download any document which is stated as being available for download. Such downloaded material is provided “as is” and no guarantee or warranty is given as to its accuracy or completeness. Downloaded material is provided for your use only.

Service Access

We give no warranties as to the availability, performance or accessibility of the Website. While we endeavour to ensure that this Website is available 24 hours a day, we shall not be liable if for any reason this Website is unavailable at any time or for any period. Access to this Website may be suspended temporarily or permanently and without notice at our discretion including without limit in the case of system failure, maintenance or repair or for reasons beyond our control.

Links to Other Websites

Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.

Viruses, Hacking and Other Offences

You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which it is stored or any server, computer or database connected to it. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it.

Disclaimer

While we endeavour to ensure that the information on the Website is correct, we do not warrant the accuracy and completeness of the material on the Website. We may make changes to the material on the Website, or to the products and prices described in it, at any time without notice. The material on the Website may be out of date, and we make no commitment to update such material.

The material on the Website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these Terms might have effect in relation to this Website.

OUR LIABILITY

Subject to the remainder of this section, we are not liable for any direct, indirect or consequential loss or damage incurred by any user in connection with the Website or in connection with the use, inability to use, or results of the use of the Website, any websites linked to it and any materials posted on it, including, without limitation any liability for:

  • loss of income or revenue;
  • loss of business;
  • loss of profits or contracts;
  • loss of anticipated savings;
  • loss of data;
  • loss of goodwill;
  • wasted management or office time; and
  • any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

Indemnity

You agree to indemnify, defend and hold us, our parents, subsidiaries, affiliates, officers and employees harmless from any loss, cost, damage, claim or demand, including reasonable legal fees, made by any third party or incurred or suffered by us or our parents, subsidiaries, affiliates, officers or employees in connection with your use of the website in breach of these Terms.

Notices

We may send notices to the email address provided to us by you. It is your responsibility to ensure that you notify us of any change to your email address. Any notice sent by us to your email address shall be deemed to have been delivered at the time of sending.

Suspension And Termination

Without prejudice to any other rights we may have, we reserve the right to suspend and/or restrict your access to the Website without notice and at our entire discretion.

We have the right to terminate your use of this Website if we determine in our sole discretion that you have breached these Terms.

Amendment

Whilst we have made every effort to ensure the accuracy of the information on the Website, the information given on the Website is subject to change without notice.

We reserve the right to vary these Terms at any time. If we choose to do so, the updated version will be posted on the Website and you will bound by the updated version if you continue to use the Website thereafter. You should therefore check the Website from time to time to review the then current terms.

Severability

If any provision of the Terms shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of this agreement which shall remain in full force and effect.

Governing Law and Jurisdiction

The Terms shall be governed by and construed in accordance with English law and the parties irrevocably submit to the non-exclusive jurisdiction of the English courts.