Famberry Terms and Conditions

(1) Introduction
These terms and conditions govern your use of our website; by using our website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website. Our website uses cookies. These are small items of data stored by your browser, that helps us to identify you within our website. By using our website and agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy policy.

(2) Licence to use website
Unless otherwise stated, we or our licensors own the intellectual property rights of the code and design on the website. Subject to the licence below, all these intellectual property rights are reserved. 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. You must not: (a) republish pages from this website (including republication on another website); (b) sell, rent or sub-license whole pages from the website; (c) reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose; (d) edit or otherwise modify any design on the website; or (e) redistribute material from this website except for content specifically and expressly made available for redistribution.

(3) Acceptable use
You must not use our 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. You must not use our 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, SQL injection or other malicious computer software or practices 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 our website without our express written consent. You must not use our website to transmit or send unsolicited commercial communication. You must not use our website for any purposes related to marketing without our express written consent.

(4) Restricted access
Access to certain areas of our website is restricted. On sign up you are provided with a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that that user ID and password is kept confidential. We may disable your user ID and password at our sole discretion, if you breach any of the conditions in this terms and conditions document.

(5) User Generated Content
In these terms and conditions, "your user content" means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our website, for whatever purpose. YOU own the rights to YOUR information and we promise to keep your information private within the Famberry Service and not to use your information except for aggregated services that enhance the user experience. Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law). You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website. Notwithstanding our rights under these terms and conditions in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website. We encrypt key aspects of your content on our Database for additonal privacy and use point to point encyrption when sending data to your browser. All data that you store on our servers is preserved on our servers indefinately.

(6) Limited warranties
We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date. 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).

(7) Limitations and exclusions of liability
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. 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. To the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature. We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control. We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill. We will not be liable to you in respect of any loss or corruption of any data, database or software. We will not be liable to you in respect of any special, indirect or consequential loss or damage.

(8) Indemnity
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.

(9) 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 suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

(10) Variation
We may revise these terms and conditions from time-to-time. 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.

(11) Assignment
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. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

(12) Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/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.

(13) Exclusion of third party rights
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.

(14) Maintenance and Support
From time to time and as The Company deems fit it will be necessary to carry out maintenance of its Internet equipment. The Company undertakes to carry out this work wherever possible causing the least disruption to users of the system.

(15) Termination of Contract
If the Customer wishes to terminate the contract of service, a notification email must be given to The Company, unless otherwise agreed in writing by The company.

(16) Assignment
The agreement shall be assignable by The Company, and The Company may subcontract to any third party the performance of all or any part of the service to be provided hereunder, without prior notice to the Customer.

(17) Disputes
The proper law of the contract shall be English Law and the parties agree to submit to the jurisdiction of the English Courts in respect of all matters arising. Should any dispute neither arise under this contract the Customer hereby agrees that they will not withhold any payments due nor refuse to make prompt payment pending the resolution of such dispute setoff or counterclaim in respect of such dispute as a reason for withholding any payment due.

(18) Force Majeure
Neither party shall be liable to the other if there is any total or partial failure of performance by it of its duties and obligations to the other if occasioned by any act of God fire, act of Government or State War civil commotion insurrection embargo strike lockout or any other reason beyond its control. It is hereby recognised by the Customer that the Famberry service is dependant upon the service provided by its Internet Service Provider and that such service is outside the control of the Company. The Company will use a recognised and established Internet Service Provider but will not be liable for any reason whatsoever for any failure to provide the required service by the Internet Service Provider.

(19) Entire agreement
These terms and conditions constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.

You can contact us by email at info@famberry.co.uk