Terms
and conditions of use
Introduction
These terms and conditions apply between you, the User of this
Website (including any sub-domains, unless expressly excluded by their own
terms and conditions), and The Calling Tree Company, the owner and operator of
this Website. Please read these terms and conditions carefully, as they affect
your legal rights. Your agreement to comply with and be bound by these terms
and conditions is deemed to occur upon your first use of the Website. If you do
not agree to be bound by these terms and conditions, you should stop using the
Website immediately.
In these terms and conditions, User or Users means
any third party that accesses the Website and is not either (i) employed by The Calling Tree Company and acting in the
course of their employment or (ii) engaged as a consultant or otherwise
providing services to The Calling Tree Company and accessing the Website in
connection with the provision of such services.
You must be at least 18 years of age to use this Website. By using
the Website and agreeing to these terms and conditions, you represent and
warrant that you are at least 18 years of age.
Intellectual
property and acceptable use
1. All Content
included on the Website, unless uploaded by Users, is the property of The Calling
Tree Company, our affiliates or other relevant third parties. In these terms
and conditions, Content means any text, graphics, images, audio, video,
software, data compilations, page layout, underlying code and software and any
other form of information capable of being stored in a computer that appears on
or forms part of this Website, including any such content uploaded by Users. By
continuing to use the Website you acknowledge that such Content is protected by
copyright, trademarks, database rights and other intellectual property rights.
Nothing on this site shall be construed as granting, by implication, estoppel,
or otherwise, any license or right to use any trademark, logo or service mark
displayed on the site without the owner's prior written permission
2. You may, for
your own personal, non-commercial use only, do the following:
a. retrieve,
display and view the Content on a computer screen
3. You must not
otherwise reproduce, modify, copy, distribute or use for commercial purposes
any Content without the written permission of The Calling Tree Company.
4. You
acknowledge that you are responsible for any Content you may submit via the
Website, including the legality, reliability, appropriateness, originality and
copyright of any such Content. You may not upload to, distribute or otherwise
publish through the Website any Content that (i) is
confidential, proprietary, false, fraudulent, libellous, defamatory, obscene,
threatening, invasive of privacy or publicity rights, infringing on
intellectual property rights, abusive, illegal or otherwise objectionable; (ii)
may constitute or encourage a criminal offence, violate the rights of any party
or otherwise give rise to liability or violate any law; or (iii) may contain
software viruses, political campaigning, chain letters, mass mailings, or any
form of "spam." You may not use a false email address or other
identifying information, impersonate any person or entity or otherwise mislead
as to the origin of any content. You may not upload commercial content onto the
Website.
5. You represent
and warrant that you own or otherwise control all the rights to the Content you
post; that the Content is accurate; that use of the Content you supply does not
violate any provision of these terms and conditions and will not cause injury
to any person; and that you will indemnify The Calling Tree Company for all
claims resulting from Content you supply.
Prohibited
use
6. You may not
use the Website for any of the following purposes:
a. in any way
which causes, or may cause, damage to the Website or interferes with any other
person's use or enjoyment of the Website;
b. in any way
which is harmful, unlawful, illegal, abusive, harassing, threatening or
otherwise objectionable or in breach of any applicable law, regulation,
governmental order;
c. making,
transmitting or storing electronic copies of Content protected by copyright
without the permission of the owner.
Registration
7. You must
ensure that the details provided by you on registration or at any time are
correct and complete.
8. You must
inform us immediately of any changes to the information that you provide when
registering by updating your personal details to ensure we can communicate with
you effectively.
9. We may
suspend or cancel your registration with immediate effect for any reasonable
purposes or if you breach these terms and conditions.
10. You may
cancel your registration at any time by informing us in writing to the address
at the end of these terms and conditions. If you do so, you must immediately
stop using the Website. Cancellation or suspension of your registration does
not affect any statutory rights.
Password
and security
11. When you
register on this Website, you will be asked to create a password, which you
should keep confidential and not disclose or share with anyone.
12. If we have
reason to believe that there is or is likely to be any misuse of the Website or
breach of security, we may require you to change your password or suspend your
account.
Privacy
Policy and Cookies Policy
13. Use of the
Website is also governed by our Privacy Policy and Cookies Policy, which are
incorporated into these terms and conditions by this reference. To view the
Privacy Policy and Cookies Policy, please click on the following: www.theCalling
Tree.com/privacy.aspx and www.theCalling Tree.com/cookies.aspx.
Availability
of the Website and disclaimers
14. Any online
facilities, tools, services or information that The Calling Tree Company makes
available through the Website (the Service) is provided "as
is" and on an "as available" basis. We give no warranty that the
Service will be free of defects and/or faults. To the maximum extent permitted
by the law, we provide no warranties (express or implied) of fitness for a
particular purpose, accuracy of information, compatibility and satisfactory
quality. The Calling Tree Company is under no obligation to update information
on the Website.
15. Whilst The Calling
Tree Company uses reasonable endeavours to ensure that the Website is secure
and free of errors, viruses and other malware, we give no warranty or guaranty
in that regard and all Users take responsibility for their own security, that
of their personal details and their computers.
16. The Calling
Tree Company accepts no liability for any disruption or non-availability of the
Website.
17. The Calling
Tree Company reserves the right to alter, suspend or discontinue any part (or
the whole of) the Website including, but not limited to, any products and/or
services available. These terms and conditions shall continue to apply to any
modified version of the Website unless it is expressly stated otherwise.
Limitation
of liability
18. Nothing in
these terms and conditions will: (a) limit or exclude our or your liability for
death or personal injury resulting from our or your negligence, as applicable;
(b) limit or exclude our or your liability for fraud or fraudulent
misrepresentation; or (c) limit or exclude any of our or your liabilities in
any way that is not permitted under applicable law.
19. To the extent
that the Website and Content are provided free of charge, we will not be liable
to you for any loss or damage of any kind.
20. We will not
be liable to you in respect of any losses arising out of events beyond our
reasonable control.
21. To the
maximum extent permitted by law, The Calling Tree Company accepts no liability
for any of the following:
a. any business
losses, such as loss of profits, income, revenue, anticipated savings,
business, contracts, goodwill or commercial opportunities;
b. loss or
corruption of any data, database or software;
c. any
special, indirect or consequential loss or damage.
General
22. You may not
transfer any of your rights under these terms and conditions to any other
person. We may transfer our rights under these terms and conditions where we
reasonably believe your rights will not be affected.
23. These terms
and conditions may be varied by us from time to time. Such revised terms will
apply to the Website from the date of publication. Users should check the terms
and conditions regularly to ensure familiarity with the then current version.
24. These terms
and conditions together with the Privacy Policy and Cookies Policy contain the
whole agreement between the parties relating to its subject matter and
supersede all prior discussions, arrangements or agreements that might have
taken place in relation to the terms and conditions.
25. The Contracts
(Rights of Third Parties) Act 1999 shall not apply to these terms and
conditions and no third party will have any right to enforce or rely on any
provision of these terms and conditions.
26. If any court
or competent authority finds that any provision of these terms and conditions
(or part of any provision) is invalid, illegal or unenforceable, that provision
or part-provision will, to the extent required, be deemed to be deleted, and
the validity and enforceability of the other provisions of these terms and
conditions will not be affected.
27. Unless
otherwise agreed, no delay, act or omission by a party in exercising any right
or remedy will be deemed a waiver of that, or any other, right or remedy.
28. This
Agreement shall be governed by and interpreted according to the law of England
and Wales and all disputes arising under the Agreement (including
non-contractual disputes or claims) shall be subject to the exclusive
jurisdiction of the English and Welsh courts.
The
Calling Tree Company details
29. The Calling
Tree Company is a company incorporated in England and Wales with registered
number 08075830 whose registered address is 16 Fern Close, Camberley, Surrey,
GU16 9QU and it operates the Website www.theCalling Tree.com. The registered
VAT number is 137869368.
You can contact The Calling Tree Company by email on info@theCalling Tree.com.
Attribution
30. These terms
and conditions were created using a document from Rocket Lawyer
(https://www.rocketlawyer.co.uk).