1. About our Terms
1.1 These terms and conditions (Terms) explain how you may use this website (the Site) which is provided by Geronimo Web Limited, a company registered in England and Wales with company registration number 07057911 and whose registered office is at Unit 4, Prisma Park, Berrington Way, Basingstoke, England, RG24 8GT (We (and us and our shall have the same meaning)).
1.2 References in these Terms to the Site includes and all associated web pages.
1.3 You should read these Terms carefully before using the Site.
1.4 By accessing or using the Site or otherwise indicating your consent, you agree to be bound by these Terms and the documents referred to in them.
1.5 If you do not agree with or accept any of these Terms, you should stop using the Site immediately.
1.6 You acknowledge and accept that, in the event of a discrepancy between this version of the Terms and any translation of these Terms, the English version of the Terms shall prevail.
1.7 We may change these terms at any time without notice by updating the terms shown on this Site. It is your responsibility to review the Site terms each time you enter the Site to ensure you are aware of our latest terms and conditions. Your use of this Site after a change has been made signifies your acceptance of the revised terms. No changes to these Terms are valid or have any effect unless agreed by us in writing or made in accordance with this clause 1.6.
2 Using the Site
2.1 The Site is for your personal and non-commercial use only. It is provided free of charge.
2.2 You agree that you are solely responsible for:
2.2.1 all costs and expenses you may incur in relation to your use of the Site; and
2.2.2 keeping your password and other account details confidential (if relevant).
2.3 We seek to make the Site as accessible as possible. If you have any difficulties using the Site, please contact us at: [email protected].
2.4 We may prevent or suspend your access to the Site if you do not comply with any part of these Terms, any terms or policies to which they refer or any applicable law.
2.5 Any text, images, video, audio or other multimedia content, software or other information or material submitted to or on the Site (the Content) is for your personal use only and not for commercial exploitation. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Site or the Content. The use of any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities or users is prohibited. You may not use any robot, spider, other automatic software or device, or manual process to monitor or copy our Site or the Content without our prior written permission. You may not use this Site to transmit any false, misleading, fraudulent or illegal communications. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of the Site, except to the extent permitted above. Unauthorised use of this Site or its Content is prohibited.
2.6 We have no liability for any third-party communications you may receive or any actions you may take or refrain from taking as a result of any third-party communication you receive on the Site. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any third-party communications. We are not responsible for verifying and make no representations or warranty regarding any third-party communications on the Site.
3 Acceptable Use
3.1 As a condition of your use of the Site, you agree not to use the Site for:
3.1.1 for any purpose that is unlawful under any applicable law or prohibited by these Terms;
3.1.2 to commit any act of fraud;
3.1.3 to distribute viruses or malware or other similar harmful software code;
3.1.4 for purposes of promoting unsolicited advertising or sending spam;
3.1.5 to simulate communications from us or another service or entity in order to collect identity information, authentication credentials, or other information (‘phishing’);
3.1.6 in any manner that disrupts the operation of our Site or business or the website or business of any other entity;
3.1.7 in any manner that harms minors;
3.1.8 to promote any unlawful activity;
3.1.9 to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing;
3.1.10 to gain unauthorised access to or use of computers, data, systems, accounts or networks; or
3.1.11 to attempt to circumvent password or user authentication methods.
3.2 You may create a link to our Site from another website without our prior written consent provided no such link:
3.2.1 creates a frame or any other browser or border environment around the content of our Site;
3.2.2 implies that we endorse your products or services or any of the products or services of, or available through, the website on which you place a link to our Site;
3.2.3 displays any of the trade marks or logos used on our Site without our permission or that of the owner of such trade marks or logos; or
3.2.4 is placed on a website that itself breaches this Clause 3.
We reserve the right to require you to immediately remove any link to the Site at any time, and you shall immediately comply with any request by us to remove any such link.
4 Your privacy and personal information
4.1 Your privacy and personal information are important to us. We act purely as a processor of your personal data and shall only process your data in accordance with our instructions from the Dealer. We will comply with data protection laws which are in force in England from time to time. For further information, please review the Dealer’s privacy policy. For further details on our privacy policy, please visit www.geronimoweb.com.
5 Ownership, use and intellectual property rights
5.1 The Site and all intellectual property rights in it including but not limited to any Content are owned by us. Intellectual property rights means rights such as: copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We reserve all of our rights in any intellectual property in connection with these Terms. This means, for example, that we remain owners of them and free to use them as we see fit.
5.2 Nothing in these Terms grants you any legal rights in the Site other than as necessary to enable you to access the Site. You agree not to adjust to try to circumvent or delete any notices contained on the Site (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Site.
5.3 The use of any trade marks on the Site is strictly prohibited unless you have our prior written permission.
6 Submitting information to the Site
6.1 While we try to make sure that the Site is secure, we cannot guarantee the security of any information that you supply to us and therefore we cannot guarantee that it will be kept confidential. For that reason, you should not let us have any patentable ideas or patent applications, advertising or marketing suggestions, prototypes, or any other information that you regard as confidential, commercially sensitive or valuable (Unwanted Submissions). While we value your feedback, you agree not to submit any Unwanted Submissions.
6.2 We may use any Unwanted Submissions as we see reasonably fit on a free-of-charge basis (bear in mind that we have no way of knowing whether such information is confidential, commercially sensitive or valuable because we do not monitor the Site to check for these matters). Therefore, we will not be legally responsible for keeping any Unwanted Submissions confidential nor will we be legally responsible to you or anybody else for any use of such Unwanted Submissions.
7 Accuracy of information and availability of the Site
7.1 While we try to make sure that the Site is accurate, up-to-date and free from bugs, we cannot promise that it will be. Furthermore, we cannot promise that the Site will be fit or suitable for any purpose. Any reliance that you may place on the information on the Site is at your own risk.
7.2 We may suspend or terminate operation of the Site at any time as we see fit.
7.3 Information on the Site is provided by the Dealer. We cannot be held liable for any information which is deemed to be inaccurate, incorrect, untrue or misleading and make no warranties or representation in relation to the information. The information should not be relied on for any purposes.
7.4 While we try to make sure that the Site is available for your use, we do not promise that the Site is available at all times nor do we promise the uninterrupted use by you of the Site.
8 Hyperlinks and third-party sites
The Site may contain hyperlinks or references to third party websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third-party website does not mean that we endorse that third party’s website, products or services. Your use of a third-party site may be governed by the terms and conditions of that third-party site.
9 Limitation on our liability
9.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:
9.1.1 losses that:
(a)were not foreseeable to you and us when these Terms were formed; or
(b)that were not caused by any breach on our part;
9.1.2 business losses; and
9.1.3 losses to non-consumers.
10 Events beyond our control
We shall have no liability to you for any breach of these Terms caused by any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.
11 Rights of third parties
No one other than a party to these Terms has any right to enforce any of these Terms.
12 Investigations and Remedies
12.1 We reserve the right to investigate complaints or reported violations of our Terms and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.
12.2 We reserve the right to seek all remedies available at law and in equity for violations of these Terms, including but not limited to the right to block access from a particular internet address to this Site and any other Sites operated by us or our affiliates and their features.
13 Governing Law and Jurisdiction
These, and any non-contractual obligations arising out of or in connection with this Agreement, shall be governed by and construed in accordance English law. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claims which may arise under or in connection with this Agreement (including non-contractual disputes or claims).
