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Welcome to the The Ironworks terms and conditions, which apply to your use of the
The Ironworks Website. By accessing this Website, you agree to be bound by them.
DEFINITIONS
"Conditions" means these terms and conditions: "Personal Information"
means any personal details provided by you via the Website; "User(s)" means (a) user(s) of the Website either collectively
or individually, as the context requires; "We/us/our" means The Ironworks, "Website" means the website
located at http://www.ironworksminiatures.co.uk/ or any subsequent URL which may replace it; and "You/your" means you as a
user of the Website.
1 ACCESS
We will provide
you with access to the Website in accordance with these Conditions.
2 YOUR OBLIGATIONS
2.1 You:
2.1.1 agree not to use the Website (or any part of) for any illegal purpose
and agree to use it in accordance with all relevant laws;
2.1.2 agree not to upload or transmit through the Website any
computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the
normal operating procedures of a computer;
2.1.3 will not upload or transmit through the Website any material which is
defamatory, offensive, or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety;
2.1.4 will not use the Website in a way that may cause the Website to be interrupted, damaged, rendered less efficient or
such that the effectiveness or functionality of the Website is in any way impaired;
2.1.5 will not use the Website in
any manner which violates or infringes the rights of any person, firm or company (including, but not limited to, rights of
intellectual property, rights of confidentiality or rights of privacy);
2.1.6 agree that in the event that you have any
right, claim or action against any Users arising out of that User's use of the Website, then you will pursue such right,
claim or action independently of and without recourse to us.
3
INDEMNITY
3.1 You agree to be fully responsible for (and fully indemnify us against) all claims, liability, damages,
losses, costs and expenses, including legal fees, suffered by us and arising out of any breach of the Conditions by you or
any other liabilities arising out of your use of the Website, or the use by any other person accessing the Website using your
PC or internet access account.
4 OUR RIGHTS
4.1
We reserve the right to:
4.1.1 modify or withdraw, temporarily or permanently, the Website (or any part of) with or without
notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal
of the Website; and/or
4.1.2 change these Conditions from time to time, and your continued use of the Website (or any
part of) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly
to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately
stop using the Website.
4.2 We will use our reasonable endeavours to maintain the Website. The Website is subject to
change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website or
because of a failure, suspension or withdrawal of all or part of the Website due to circumstances beyond our control.
5 THIRD PARTY LINKS
In an attempt to provide increased value to our Users, we may provide links to other websites
or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources,
and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including
misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other
materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged
to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external
sites or resources.
6 MONITORING
We have the
right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported
violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited
to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the
Website).
7 YOUR DATA
7.1 We respect your personal
information and undertake to comply with applicable UK Data Protection legislation from time to time in place.
7.2 You
should be aware that:
7.2.1 if we are requested by the police or any regulatory or government authority investigating
suspected illegal activities, or upon receipt of a court order, to provide your Personal Information and/or information concerning
your activities whilst using the Website we shall do so; and
7.3 We reserve the right in our reasonable discretion to
disclose details of your use of the Website in relation to any, or any threatened, Court Proceedings in connection with your
use, or the use of anyone under your control, of the Website whether in connection with the matters set out in these Conditions
or otherwise.
7.4 Please view our Privacy Policy, which forms part of these Conditions.
8 INTELLECTUAL PROPERTY AND RIGHT TO USE
8.1 You acknowledge and agree that all
copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website
shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised
by us.
8.2 The Website is Copyright, The Ironworks, 2003. All rights reserved.
9. NOTICES
9.1 You may send us notices under or in connection with these Conditions:
9.1.1 by post
to 240 Doxey, Stafford, ST16 1EE, ;
9.1.2 by email to sales@ironworksminiatures.co.uk
9.2 As proof of sending does not guarantee our receipt of your notice, you must
ensure that you have received an acknowledgement from us, which will be sent within 3 working days of our receipt and should
be retained by you.
10. LIMITATION OF LIABILITY
10.1 WHILE WE WILL USE REASONABLE ENDEAVOURS TO VERIFY THE ACCURACY OF ANY INFORMATION WE PLACE ON THE WEBSITE, WE MAKE
NO WARRANTIES, WHETHER EXPRESS OR IMPLIED IN RELATION TO ITS ACCURACY.
10.2 The Website is provided on an "as is"
and "as available" basis without any representation or endorsement. Unless specified in separate terms and conditions
related to a particular product or service, we make no warranties of any kind, whether express or implied, in relation to
the Website, or products or services offered on the Website whether by us or on our behalf (including free software downloads)
including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement,
compatibility, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage
or trade.
10.3 Unless specified in separate terms and conditions related to a particular product or service, we make
no warranty that the Website or products or services offered on the Website whether by us or on our behalf (including free
software downloads) will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will
be corrected, or that the Website or the server that makes it available or products or services offered on the Website whether
by us or on our behalf (including free software downloads) are free of viruses or bugs or are fully functional, accurate,
or reliable. We will not be responsible or liable to you for any loss of content or material as a result of uploading to or
downloading from the Website.
10.4 Notwithstanding any other provision in the Conditions, nothing shall limit your rights
as a consumer under United Kingdom law.
10.5 You acknowledge that we cannot guarantee and therefore shall not be in any
way responsible for the security or privacy of the Website and any information provided to or taken from the Website by you.
10.6 We will not be liable in contract, tort or otherwise if you incur loss or damage connecting to the Website through
a third party's hyper-text link.
10.7 We will not be liable, in contract, tort (including, without limitation, negligence),
pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with
the Website or products or services offered on the Website whether by us or on our behalf (including free software downloads)
for:
10.7.1 any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated
savings); or
10.7.2 any loss of goodwill or reputation; or
10.7.3 any special or indirect or consequential losses;
in any case whether or not such losses were within the contemplation of either of us at the date on which the event giving
rise to the loss occurred.
10.8 Nothing in the Conditions shall exclude or limit our liability for death or personal
injury resulting from our negligence or that of our servants, agents or employees.
11 SEVERANCE
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable,
then that provision shall be deemed to be severable from these Conditions and shall not effect the validity and enforceability
of any of the remaining provisions of the Conditions.
12
WAIVER
Nothing shall be construed as a waiver by us of any preceding or succeeding breach of any provision.
13 SURVIVAL
Each provision of these Conditions shall be
construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable
or unenforceable in any circumstances.
14 ENTIRE AGREEMENT
These Conditions (as amended from time to time) contain the entire agreement between you and us relating to the subject
matter covered and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between you
and us in relation to such matters. No oral explanation or oral information given by either of us shall alter the interpretation
of these Conditions. You confirm that, in agreeing to accept these Conditions, you have not relied on any representation save
insofar as the same has expressly been made a representation in these Conditions and you agree that you shall have no remedy
in respect of any misrepresentation which has not become a term of these Conditions save that your agreement contained in
this Clause shall not apply in respect of any fraudulent misrepresentation whether or not such has become a term of these
Conditions.
15 LAW
The Conditions will be exclusively
governed by and construed in accordance with the laws of United Kingdom whose Courts will have exclusive jurisdiction in any
dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.
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