This Code regulates your use of CommsHAWK.co.uk (the "Website").
1. By accessing or using this Website you agree to be bound by the terms and conditions set out below. Please read them carefully and contact our customer services department if you have any further questions.
2. The Website is owned and managed by .......(the "Website Owner").
3. The Website allows users (the "Users") to post information about items they wish to sell and enables Users to purchase such items (the "Services").
4. Any information, data, graphic, picture, statement, advertisement or content contained on, distributed through or linked, downloaded or accessed from any of the Services on the Website (collectively "the Material") is protected by copyright belonging to the Website Owner (also referred to herein as "us/we/our").
5. Our copyright must remain on all reproductions of Material from this Website.
6. The Website Owner may at any time in its sole discretion without prior notice and without giving any reason for doing so :
6.1. cease to provide the Services altogether;
6.2. add to or change the Services;
6.3. refuse to provide the Services to the User
7. Responsibilities of Users.
Each User and any Material posted on the Website by Users or provided by Users to us for posting on the Website ("User Material") must comply with the following basic standards:
7.1. You may download, store and use the Material for your own personal use and research or that of your firm or company. You may not republish, retransmit, redistribute or otherwise make the Material available to any other party or make the same available on any website, on-line service or bulletin board of your own or of any other party or make the same available in hard copy or on any other media without our express prior written consent.
7.2. You may not post any Material which:
7.2.1. is in any way illegal, pornographic, defamatory, offensive, misleading, or in breach of our or any third party's intellectual property rights;
7.2.2. contains any virus, Trojan Horse, worm, time bomb, cancelbot or other computer programming routine or device which is intended to damage, interfere with, intercept or expropriate any system, data, or personal information.
7.3. Data protection and legislation within the English law must be adhered to in order that the collection of personal information is not traded or disclosed illegally.
7.4. All other applicable trading standards and rules and regulations as the same are created from time to time must be complied with.
7.5. Each User is solely responsible for the accuracy, legality, currency and compliance of its own User Material and will be solely liable for false, misleading, inaccurate, infringing or other actionable Material contained or referred to therein.
7.6. Where Users collaborate with one another as a result of use of this Website they do so as independent contracting parties. Users acknowledge that the Website owner will not in any way be construed as a party to such collaboration nor be liable nor responsible in any way for the dealings of such collaboration or the parties to such collaboration.
8. Indemnity and Waiver
8.1. Each User agrees to indemnify and keep indemnified the Website Owner, its successors and assigns, and each of its respective directors, officers, employees and agents from and against any and all liability, damages, losses, claims (including reasonable legal fees) resulting in any way from its use of and from any User Material posted on this Website or from any other matter relating to it's participation herein including, but not limited to, the use of the Material contained on the Website or any information arising from any introduction or collaboration resulting therefrom or otherwise arising from using the Website. 8.2. Each User waives any right to bring any claim or action against the Website Owner for any loss, damage or injury arising from use of the Website or any Material from the Website or from this Code.
9. Exclusion of Warranties and Liability
9.1. Save as set out in the Sellers' Terms or Customers' Terms:
9.1.1. The Website Owner does not warrant the content accuracy or veracity of any Material, User Material or other information on the Website, the responsibility for which rests with each of the Users.
9.1.2. Each User accepts the Website "AS IS" with any faults or failings and without any representation, warranty or guarantee whatsoever, express or implied, including, without limitation, any implied warranty or accuracy, completeness, quality, merchantability, fitness for a particular purpose or non infringement.
9.1.3. Nothing on this Website constitutes advice, nor does the transmission, downloading or sending of any information or other Material create any contractual relationship.
9.1.4. No Material or User Material constitutes any part of an offer or a contract with any User
9.1.5. All statements and details contained in the User Material are made without responsibility on the part of the Website Owner.
9.1.6. None of the statements contained in any User Material is to be relied upon as a statement or representation of fact.
9.1.7. Any intending purchaser must satisfy himself by inspection or otherwise as to the correctness of each of the statements contained in any User Material.
9.1.8. Neither the Website Owner nor any person in its employment has any authority to make or give any representation or warranty.
9.1.9. In no event will the Website Owner be liable for any injury, loss, claim, damages or any special, incidental, consequential, exemplary or punitive damages of any kind arising out of or in connection with any User's access to, or use of the Website, any Material thereon, whether based in contract or tort, and whether negligent or otherwise, even if the Website Owner has been advised on the possibility of such damages. In the event that this exclusion of liability is held by a competent jurisdiction to be unlawful, but that liability may be lawfully limited, the Website Owner's aggregate total liability to any User for all such damages and losses shall be limited to £50.00 or the insurance cover affected by the Website Owner and available to meet the claim whichever is the lower.
10.1. Services are provided at the current agreed rate, but the User is responsible for any applicable taxes and for any costs incurred by the User in accessing or using the Website or the Services
11.1. The Code contains the entire agreement between the parties with respect to the subject matter hereof, supersedes all previous agreements and understandings between the parties with respect thereto, and may not be modified by anyone other than the Website Owner.
11.2. If any provision of this Code is held by any competent authority to be void or unenforceable in whole or in part this Code shall continue to be valid as to the other provisions thereof and the remainder of the affected provision.
11.3. No failure or delay by the Website Owner in exercising any of its rights under this Agreement shall be deemed to be a waiver of that right, and no waiver by Website Owner of any breach of this Code by the User shall be considered as a waiver of any subsequent breach of the same or any other provision.
11.4. The Code shall be governed by the laws of England and Wales and disputes from it shall be subject to the exclusive jurisdiction of the English Courts.