TOOJAYS website terms of use

Acceptance

These Terms of Use (together with any documents referred to in it) govern your use of the TOOJAYS website at www.toojays.co.uk (the “Site”) and your relationship with TOOJAYS. Please read them carefully as they affect your rights and liabilities under the law. By entering, accessing, browsing and/or using the Site you shall be deemed to have read and agreed to be bound by these Terms of Use. If you do not accept these Terms of Use or any part thereof, you should not use, access, browse or re-enter the Site. The supply of Services to you will be governed by separate terms and conditions, provided to you upon request. If there is a conflict between these Terms of Use and the terms and conditions relating to a Service, the terms and conditions relating to such Service shall prevail. Other terms may also apply to Services provided via other websites or portals operated by TOOJAYS and you should check to see what specific terms apply to any Services which you use.

Modification or Suspension of the Site

TOOJAYS reserves the right, at any time, to modify or discontinue, temporarily or permanently, the Site, the information contained within, and content of, the Site and/or to change these Terms of Use, with or without notice. Any of the material on the Site may be out of date at any given time and we are under no obligation to update such material. If you do not agree to the above then you should stop using the Site immediately. You agree that TOOJAYS is not liable to you, or to any third party, for any modification, suspension or discontinuance of the Site or any change to the content thereof.

Accessing the Site

Most of the content and information on the Site is available to all users who access the Site. However, we may require you to provide us with further details about yourself in order to access certain content and information, such as TOOJAYS whitepapers or any downloadable products. If you do this, there is an “opt in” button with regards receiving further information from us and our Privacy Policy shall apply regarding the information you have chosen to submit.

Availability

Availability of the Site is not guaranteed and you accept that the Site is offered on an “as available” basis. TOOJAYS will not be liable if for any reason the Site is unavailable at any time for any period.

Linking to the Site

You may link to our homepage if you have our consent, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You may ask us for consent by contacting info@toojays.co.uk and providing further details to support your request.

Links to other Sites

The Site may contain links to other web sites; such links are provided merely as a convenience to the users of the Site and, if you decide to access any of the third-party sites linked to this Site, you do so entirely at your own risk. TOOJAYS has no control over such external sites and resources and you acknowledge and agree that TOOJAYS is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that TOOJAYS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with, the use of, or reliance upon, any such content, goods or services available on, or through, any such site or resource. TOOJAYS reserves the right to terminate any link or linking program at any time.

Wrongful Use

You shall use the Site and Services in accordance with our Acceptable Use policy (available upon request). You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, licence, create derivative works from, transfer, or sell any information obtained from the Site, unless the Site specifically authorises such activity. As a condition of your use of the Site, you will not and warrant to TOOJAYS that you will not use the Site or any Service: (i) for any purpose that violates any applicable law, regulation, administrative order or treaty; and/or (ii) in any way that would constitute or contribute to the commission of a crime, tort, fraud or other unlawful activity (including activities deemed unlawful under a complainants jurisdiction); (iii) in any way that infringes or may infringe any third party’s intellectual property rights or the privacy, publicity or other personal rights of others and/or (iv) otherwise than as expressly permitted by these Terms of Use and/or (v) in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site.

Viruses, Hacking and other Offences

You must not misuse the Site 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 Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack. Actions considered unacceptable include, but are not limited to, network probing, network mapping, vulnerability scanning or the exploitation of vulnerabilities or misconfigurations in systems or networks, without prior authorisation with the intention of gaining unauthorised access or for any other purpose.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. TOOJAYS 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 Site will cease immediately.

TOOJAYS 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 Site or to your downloading of any material posted on it, or on any website linked to it.

Monitoring, Restriction and Removal

TOOJAYS reserves the right to monitor access to and usage of the Site and use such monitoring data as it sees fit. TOOJAYS reserves the right to restrict, block or remove any and all users or content at its sole discretion.

Third Party Software Downloads

Software (if any) that is made available to download from the Site is the copyrighted work of the designated copyright owner. Your use of the software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the software. Any reproduction or redistribution of the software is expressly prohibited by law, and may result in severe civil and criminal penalties.

Reliance on Information Posted

The information and other materials on the Site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by users of the Site, or by anyone who may be informed of its contents.

Intellectual Property

You acknowledge and agree that all copyright, trademarks and other intellectual property rights in the Site, the Site content, software and all HTML and other code contained in the Site, shall remain at all times vested in TOOJAYS and/or its licensors and is protected by copyright and other laws and international treaty provisions. All such rights are reserved. Any other trademark displayed remains the property of its respective owner(s). You may retrieve and display the content of the Site on a computer screen, store such content in electronic form on a disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the content, materials, trademarks or service marks without written permission from TOOJAYS. You agree not to infringe the Intellectual Property Rights of TOOJAYS or any third party by, through or as a result of your access to, or use of, the Site.

Privacy & Cookies

By using the Site and by submitting information to TOOJAYS via the Site, you accept the terms and conditions of TOOJAYS Privacy and Cookie Policy, and you consent to the use and processing of that information by TOOJAYS in accordance with that policy. You warrant that all data provided by you is accurate.

Indemnity, Warranties and Limitation and Exclusion of Liability Provisions

You shall on demand indemnify and hold harmless TOOJAYS, its directors, employees, agents, partners, customers and contractors from, any losses, damages, expenses, claims, demands, suits, or actions, including interest, penalties and legal and other reasonable professional costs and expenses arising from your use of the Site, information or material which you provided to the Site, your connection to the Site, your violation of these Terms of Use, or your violation of any other rights (including, but not limited to, third party intellectual property rights).

WHILST TOOJAYS HAS MADE REASONABLE ENDEAVOURS TO ENSURE THAT THE CONTENT, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE IS ACCURATE, IT MAY BE INCOMPLETE, OUT OF DATE OR INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.

TOOJAYS MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE CONTENT, INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR RELATED GRAPHICS CONTAINED ON THE SITE OR ACCESSIBLE FROM THE SITE FOR ANY PURPOSE.

TOOJAYS DOES NOT WARRANT THAT THE SITE OR THE SERVER WHICH MAKES IT AVAILABLE ARE FREE OF SOFTWARE VIRUSES OR OTHER BUGS OR DEFECTS AND YOU SHOULD TAKE YOUR OWN PRECAUTIONS (INCLUDING BUT NOT LIMITED TO INSTALLING AND RUNNING ADEQUATE PROTECTIVE MEASURES TO GUARD AGAINST SOFTWARE VIRUSES AND ENSURING THAT YOU RETAIN UP-TO-DATE COPIES OF ALL DATA) TO PROTECT YOURSELF AGAINST LOSS OR DAMAGE.

ALL SUCH CONTENT, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND.

TO THE EXTENT PERMITTED BY LAW, TOOJAYS HEREBY EXCLUDES ALL EXPRESS OR IMPLIED WARRANTIES, TERMS AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ON THE SITE OR ACCESSIBLE THROUGH THE SITE.

TOOJAYS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR ECONOMIC LOSS OR DAMAGE OR ANY OTHER COSTS, DAMAGES OR LOSSES WHATSOEVER, EVEN IF FORSEEABLE, INCLUDING PROFESSIONAL FEES, WHETHER BASED ON CONTRACT, TORT OR OTHERWISE, INCURRED BY ANY USER IN CONNECTION WITH THE SITE OR IN CONNECTION WITH THE USE, INABILITY TO USE OR RESULTS OF THE USE OF THE SITE, AND ANY CONTENT, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ON THE SITE OR ACCESSIBLE THROUGH THE SITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

SUCH LOSS OR DAMAGE INCLUDES, BUT IS NOT LIMITED TO (I) LOSS OF USE (II) LOSS OF DATA (III) LOSS OF INCOME OR REVENUE (IV) LOSS OF PROFITS OR CONTRACTS (V) LOSS OF BUSINESS (VI) LOSS OF GOODWILL OR (VII) WASTED MANAGEMENT OR OFFICE TIME.

TOOJAYS DOES NOT RESTRICT OR EXCLUDE ITS LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM TOOJAYS NEGLIGENCE, NOR FOR FRAUDULENT MISREPRESENTATION OR MISREPRESENTATION AS TO A FUNDAMENTAL MATTER, NOR ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Applicable Law, Jurisdiction and other Legal Provisions

These Terms of Use shall be governed by, and shall be construed in accordance with, the laws of England and Wales. You hereby consent to the exclusive jurisdiction of the courts of England and Wales for all disputes arising out of or relating to the use of the Site.

You may not transfer any of your rights under these Terms of Use to any other person. We may transfer our rights under these Terms of Use to another business where we reasonably believe your rights will not be affected.

If you breach these Terms of Use and TOOJAYS chooses to ignore this, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach the Terms of Use.

Each of the provisions contained in these Terms of Use shall be construed as independent of every other such provision, so that if any provision of these Terms of Use is determined by any court or competent authority to be illegal, invalid and/or unenforceable then such determination shall not affect any other provision of these Terms of Use, all of which other provisions shall remain in full force and effect.

Unless otherwise specified herein, these Terms of Use constitute the entire agreement between you and TOOJAYS with respect to the Site and it supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and TOOJAYS with respect to the Site.

Nothing in these Terms of Use confers on any third party any benefits under the provisions of the UK Contracts (Rights of Third Parties) Act 1999 or equivalent locally applicable laws. This does not affect any right or remedy of any person which exists or is available otherwise than pursuant to this Act or equivalent locally applicable laws.

No delay, neglect or forbearance by TOOJAYS in enforcing its rights under these Terms of Use shall be deemed to be a waiver of, or prejudice, such rights.

If you have any questions on these Terms of Use or any concerns about the material which appears on the Site, please contact info@toojays.co.uk.