Terms and conditions of use

TELEXT Terms and Conditions of use

Updated 20/01/12

1 ACCEPTANCE OF TERMS

Your access to and use of telext.co ("the Website") is subject exclusively to these Terms and Conditions. You agree not to, will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website.

2 INFORMATION NOT ADVICE

The contents of the Website do not constitute advice and should not be relied upon in making or refraining from making, any decision.
We work hard to try to ensure the information on the site is error free but it may not be as we rely upon others to provide much of the content.

3 CHANGES TO WEBSITE

telext.co reserves the right to:

3.1 change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that telext.co shall not be liable to you for any such change or removal; and

3.2 change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.

4 LINKS TO THIRD PARTY WEBSITES

The Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.

5 COPYRIGHT

5.1 All copyright, trade marks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to telext or otherwise used by telext as permitted by law.

5.2 In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.

6 DISCLAIMERS AND LIMITATION OF LIABILITY

6.1 The Website is provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy except where required by Law. .

6.2 To the extent permitted by law, telext will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.

6. 2 3 telext makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.

6.3 Neither party excludes or limits its liability to the other for death or personal injury resulting from the proven negligence of either party, its employees or agents.

6.4 telext accepts no responsibility for any mistakes or errors whatsoever that arise during the course of publication of any Advertising and will not be liable for any loss of copy, artwork, photographs, data or other materials which the Customer supplies to it and the Customer shall be responsible for retaining in its possession sufficient quality and quantity of such materials for whatsoever purposes it may require.

6.5 In no event shall telext be liable to the Customer whether arising under this Agreement or in tort (including negligence or breach of statutory duty), misrepresentation or however arising, for any Consequential Loss. "Consequential Loss" shall for these purposes mean (i) pure economic loss, (ii) losses incurred by any client of the Customer or other third party, (iii) loss of profits (whether categorised as direct or indirect), (iv) losses arising from business interruption (v) loss of business revenue, goodwill, anticipated savings, (vi) losses whether or not occurring in the normal course of business, wasted management or staff time, (vii) loss or corruption of data.

6.6 Subject to clauses 6.3, 6.4 and 6.5, the telext' total liability (whether in contract, tort or otherwise) under or in connection with this Agreement or based on any claim for indemnity or contribution shall not exceed 100% of the total Fees (excluding any VAT, duty, sales or similar taxes) paid or payable by the Customer to telext during the preceding twelve (12) month period or, if the duration of the Agreement has been less than twelve (12) months, such shorter period, as applicable.

6.4 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of telext for death or personal injury as a result of the negligence of telext or that of its employees or agents .

7 INDEMNITY

General

7.1 You agree to indemnify and hold telext and its employees and agents harmless from and indemnify them against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against telext arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website. Additional indemnity for advertising

7.2 The Customer undertakes to telext that the Customer will, without prejudice to any other right of action which telext may have, at all times keep them fully and effectively indemnified against any liability (which liability shall include, without limitation, all losses, costs, claims, demands, actions, damages, legal and other professional fees and expenses on a full indemnity basis) which telext may suffer or incur as a result of any Advertising, the infringement of any intellectual property rights of any third party, or by reason of any breach or non-fulfilment of the law ( such as the requirement that a t rader identifies themselves clearly as such on any advert ) any of the Customer's obligations in respect of the Agreement

8 SEVERANCE

If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.

9 GOVERNING LAW

These Terms and Conditions shall be governed by and construed in accordance with the law of England and you hereby submit to the exclusive jurisdiction of the English courts.

WHOLE AGREEMENT

These Terms contain the whole of the Agreement between you and telext and you have not relied upon any warranty in entering into this Agreement.

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