Terms & Conditions
1. These User Terms
In accordance with the following user terms (‘User Terms’) and, Kelsey Publishing Limited, its subcontractors, agents, and/or representatives grants you as an authorised user (‘Authorised User’ or ‘you’) of this Kelsey Publishing Limited Web Site (‘Web Site’) certain rights (as set out below) and in return you agree to perform certain obligations.
Please read these User Terms carefully. They are a legal document, and by your continued use of the Web Site, you agree to be bound by these User Terms. In particular, you agree that you have read and understood the following Clauses:- Clause 6: Your Responsibilities Clause 7: Consent to use Your Personal Information. Clause 8: Limitation of Liability.
If you do not agree with these User Terms and do not wish to be bound by them, please exit this Web Site, and do not use the Web Site in the future.
If you subscribe to, or purchase any services from a Kelsey Publishing Limited online shop on this Web Site (“On-Line Shop”), your purchase will be subject to Kelsey Publishing Limited’s e-commerce Terms displayed in the On-Line Shop.
2. Licence to Use Material on Web Site
Kelsey Publishing Limited grants to you a personal, non-exclusive, non-transferable, royalty-free licence to use all the material on the Web Site (including but not limited to: software, documentation, text, pictures, sounds, graphics, articles, video or audio clips, and advertising material) (‘Kelsey Publishing Limited Material’) on the basis set out in Clause 2.1.
2.1 You are entitled to access, download and transmit (for the purposes expressly permitted in these User Terms) and store the Kelsey Publishing Limited Material for your own personal, non-commercial use provided that you do not:
2.1.1 Remove any notices relating to the ownership of copyright or other Intellectual Property Rights (as defined in Clause 3 below) in the Kelsey Publishing Limited Material;
2.1.2 Modify, translate, reverse engineer, reproduce, decompile, disassemble (except as expressly permitted by law) or create derivative works of any of the Kelsey Publishing Limited Material;
2.1.3 Rent, lease, sub-licence, loan, copy or give or transfer any rights in the Kelsey Publishing Limited Material in any form, to any person or entity without the prior written consent of Kelsey Publishing Limited.
3. Ownership of Intellectual Property Rights
Notwithstanding the limited rights granted to you in accordance with Clause 2, Kelsey Publishing Limited, or Kelsey Publishing Limited’s suppliers, subcontractors and agents (collectively ‘Kelsey Publishing Limited Contractors’) (as applicable) shall retain all ownership, title and interest in the intellectual property rights contained in the Kelsey Publishing Limited Material (including but not limited to copyright, database rights, trade marks, patents, service marks, design rights (whether registerable or otherwise) know-how, trade or business names, domain names, goodwill associated with any of the foregoing and other similar rights or obligations whether registerable or not in any jurisdiction in the world (‘Intellectual Property Rights’).
You agree that any material (including any Intellectual Property Rights in such material), including but not limited to material sent via articles submitted for publication on the Web Site (User Generated Content) may be retained as the property of Kelsey Publishing Limited. Kelsey Publishing Limited shall have no obligations regarding the User Generated Content to monitor the User Generated Content to ensure that it complies with applicable laws or regulations. You remain solely responsible for the User Generated Content in accordance with Clause 6.
4. Duration of User Terms and Termination
These User Terms are binding upon you immediately. You accept them by your use of this Web Site, and they will remain in force until the earlier of the following:
4.1 You breach any of the terms of the licence granted to you in accordance with Clause 2;
4.2 Kelsey Publishing Limited terminates these User Terms by notice to you at any time in accordance with Clause 9.2; or
4.3 You terminate these User Terms by notice to Kelsey Publishing Limited at any time in accordance with Clause 9.1.
4.4 In the event that these User Terms are terminated for any of the reasons stated above you agree to comply with the following obligations:
4.4.1 The licence granted to you in accordance with Clause 2 shall be terminated forthwith and you shall have no further rights to use the Kelsey Publishing Limited Material;
4.4.2 You must delete or destroy any of the Kelsey Publishing Limited Material stored by you in electronic or hard copy form as soon as reasonably practicable; and
4.4.3 You will have no further rights to access or use the Web Site or the Web Site Services.
5. Kelsey Publishing Limited’s Responsibilities
5.1 Kelsey Publishing Limited undertakes to use commercially reasonable endeavours to prevent breaches of security of the Web Site.
5.2 Kelsey Publishing Limited makes no representation or warranty that the Web Site or services offered via the Web Site (‘Web Site Services’) will be accessible, or useable by you or error free.
5.3 Kelsey Publishing Limited reserves the right, without notice to you, to remove any Kelsey Publishing Limited Material from the Web Site or to suspend or alter the operation of the Web Site or any Web Site Services, at its sole discretion or for legal or technical reasons. Kelsey Publishing Limited will give you as much notice as possible prior to taking any of the actions described in this Clause 5.3, but prior notice may not always be feasible for a variety of reasons.
6. Your Responsibilities
6.1 You agree that you are responsible for the security and use of any user names or passwords needed to access or use the Web Site or any Web Site Services. You must take all reasonable steps to ensure that these user names and passwords are kept confidential and secure and you do not allow any unauthorised person to access the Web Site or any of the Web Site Services using your user name or password.
6.2 You agree that you will not use the Web Site or any of the Web Site Services as follows:
6.2.1 To send, receive, upload, download, store, use, distribute or publish any material that is offensive, abusive, indecent, defamatory, obscene, or in breach of any other person’s Intellectual Property Rights or breaches any obligation of confidentiality by which you are bound;
6.2.2 To send or distribute multiple unsolicited e-mails or messages (‘Spam’) or to cause any other person annoyance, inconvenience or worry.
6.2.3 You agree to indemnify Kelsey Publishing Limited against any claims, costs, expenses or legal proceedings caused as a result of your use of the Web Site or Web Site Services in contravention of Clauses 6.1 and 6.2, further in these circumstances, Kelsey Publishing Limited shall be entitled to treat the contravention as a material breach of these User Terms and terminate the User Terms and any access permission granted to you by Kelsey Publishing Limited forthwith, without notice to you.
7. Consent to Use Your Personal Information
7.1 For the purposes of the Data Protection Act 1998, you acknowledge that in the course of registering and using this Web Site and the Web Site Services, certain personal information or data about you will be captured electronically or otherwise and transmitted to Kelsey Publishing Limited and/or Kelsey Publishing Limited Contractors. By accepting these User Terms, you expressly agree to transfer such personal information or data to Kelsey Publishing Limited or Kelsey Publishing Limited Contractors to use, store and process the personal information for the purposes of providing the services offered on this Web Site, or any other connected Kelsey Publishing Limited Web Sites.
7.2 For more information about the purposes for which Kelsey Publishing Limited may use your personal information, please read Kelsey Publishing Limited’s Privacy Notice.
8. Limitation of Liability
8.1 We accept no liability in respect of any user Contributions submitted by any of our users. Your use of our Services, the Materials and/or any user Contributions is entirely at your own risk.
8.2 To the fullest extent permitted by law, we, our associates in the Kelsey Publishing group of companies and third parties connected to us hereby expressly exclude any liability for any direct, indirect, consequential, special or exemplary loss or damage (whether such losses were foreseen, foreseeable, known or otherwise) arising from, out of or in connection with the use of our Services, including without limitation: (a) injury and/or damage to persons or property as a result of any statement, including any actual or alleged defamatory statement; (b) losses suffered by any third party, including infringement of any intellectual property or privacy rights; (c) loss of data; (d) loss of revenue or anticipated profits; (e) loss of business or contracts; (f) loss of opportunity; (g) loss of anticipated savings; (h) wasted management or office time; or (i) loss of goodwill or injury to reputation.
8.3 We shall not be responsible for any breach of these Terms caused by circumstances beyond our control.
8.4 This does not affect our liability for death or personal injury arising from our negligence, fraudulent misrepresentation, or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable laws or regulations.
8.5 The Web Site may contain links to third party web sites which are controlled and operated by parties other than Kelsey Publishing Limited. The links will let you leave the Web Site and Kelsey Publishing Limited is not responsible for the contents of any linked site or any link contained in a linked site. The inclusion of any link on the Web Site does not imply endorsement by Kelsey Publishing Limited of the linked site. If you decide to access linked third-party web sites, you do so at your own risk.
8.6 We shall not be responsible for any breach of these Terms caused by circumstances beyond our control.
9.1 You may send a legal notice to Kelsey Publishing Limited, or any questions you may have about these User Terms by e-mail to email@example.com or by post to Customer Service Department, Kelsey Publishing Limited, The Granary, Downs Court, Yalding Hill, Yalding, Maidstone, Kent, ME18 6AL. Such notices will be effective within 3 days of receipt by Kelsey Publishing Limited.
9.2 Kelsey Publishing Limited may send you notice by general notice on this Web Site, by e-mail to your e-mail address on record with Kelsey Publishing Limited, or by post to the geographical address on record with Kelsey Publishing Limited. Such notice will be effective if sent by e-mail or posted on the Web Site, 1 day from the date it was sent or posted on the Web Site. If sent by regular post, it will be effective 3 days after posting by Kelsey Publishing Limited.
10.1 For the purposes of these User Terms, Kelsey Publishing Limited shall mean any Kelsey Publishing Limited Group Company which means, a Kelsey Publishing Limited subsidiary or holding company, or a subsidiary of that holding company all as defined by Section 736 of the Companies Act 1985, as amended by the Companies Act 1989
10.2 These User Terms form the entire agreement between you and Kelsey Publishing Limited and supersede any other oral or written communications, agreements, or representations with respect to your use of this Web Site and Web Site Services.
10.3 Kelsey Publishing Limited reserves the right to add to or change the terms of these User Terms in its sole discretion without prior notice to you. All changes to the User Terms will be effective once posted on the Web Site.
10.4 Your continued use of the Web Site or the Web Site Services following Kelsey Publishing Limited’s posting of such changes will be regarded by Kelsey Publishing Limited as acceptance of the amended User Terms. If you do not agree to be bound by the amended User Terms you should exit the Web Site and not access or use the Web Site in the future.
10.5 Nothing in these User Terms affects your statutory rights as a consumer.
10.6 If any part of these User Terms are held by a court of competent jurisdiction to be unenforceable, the validity of the remainder of these User Terms will not be affected.
10.7 You acknowledge that Kelsey Publishing Limited has entered into these User Terms for its own benefit and for the benefit of each Kelsey Publishing Limited Group Company (as defined in Clause 10.1 above) and these User Terms are intended to be enforceable by each Kelsey Publishing Limited Group Company by virtue of the Contracts (Rights of Third Parties) Act 1999.
10.8 Subject to Clause 10.6, a person who is not a party to these User Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these User Terms but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
10.9 If Kelsey Publishing Limited or any Kelsey Publishing Limited Contractor is unable to perform any obligation under these User Terms because of a matter beyond its reasonable control, including (but not limited to) fire, flood, explosion, war, civil disorder, industrial disputes (whether or not involving its employees), or other disasters or governmental laws and regulations imposed after the fact, or events beyond the reasonable control of Kelsey Publishing Limited or the Kelsey Publishing Limited Contractors, neither Kelsey Publishing Limited nor any Kelsey Publishing Limited Contractor will have any liability for that failure to perform.
10.10 Your use of the Internet is solely at your risk and subject to all applicable laws, and Kelsey Publishing Limited has no responsibility for any information, software, services or other materials accessed or obtained by you using the Internet.
10.11 Unless otherwise specified on this Web Site, the Kelsey Publishing Limited Materials available on this Web Site are directed solely at those who access the Web Site from the United Kingdom. Kelsey Publishing Limited makes no representation that any Kelsey Publishing Limited Material is appropriate for use elsewhere, or available in any other locations. Those who choose to access this Web Site and the Web Site Services from any other location are solely responsible for compliance with local laws and regulations if, and to the extent, that they are applicable.
10.12 These User Terms are governed by the laws of England, and subject to the non-exclusive jurisdiction of the English Courts. Subscription Terms & Conditions If you do not agree with any part of these terms and conditions do not place an order. If you have any questions please contact our customer services team (Tel: +44(0)1959 543 747, email: firstname.lastname@example.org )
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