GILCHRIST JONES ASSOCIATES LTD – TERMS AND CONDITIONS
BACKGROUND:
These Terms and Conditions, together with any and all other documents referred to herein, set out the terms of use under which you may use this website, www.gilchristjones.co.uk (“Our Site”). Please read these Terms and Conditions carefully and ensure that you understand them. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of Our Site. If you do not agree to comply with and be bound by these Terms and Conditions, you must stop using Our Site immediately.
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Content” means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site; and
“We/Us/Our” means Gilchrist Jones Associates Ltd, a company registered in England under 3754093, whose registered address is School Square, Longborough, Moreton in Marsh, Gloucestershire, GL56 0QD and whose main trading address is as above..
2. Information About Us
2.1 Our Site, www.gilchrist.co.uk, is owned and operated by Gilchrist Jones Associates Ltd, a limited company registered in England under 3754093, whose registered address is School Square, Longborough, Moreton in Marsh, Gloucestershire, GL56 0QD and whose main trading address is School Square, Longborough, Moreton in Marsh, Gloucestershire, GL56 0QD. Our VAT number is 744257917.
3. Access to Our Site
3.1 Access to Our Site is free of charge. No part of Our Site requires payment of any kind in order to access or use it.
3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.
3.3 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
4. Intellectual Property Rights
4.1 All Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties. All rights are reserved.
4.2 Subject to sub-Clauses 4.3 and 4.6 you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Site unless given express written permission to do so by Us.
4.3 You may:
4.3.1 Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);
4.3.2 Download Our Site (or any part of it) for caching;
4.3.3 Print pages from Our Site;
4.3.4 Download extracts from pages on Our Site; and
4.3.5 Save pages from Our Site for later and/or offline viewing.
4.4 Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.
4.5 You may not use any Content saved or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so. This does not prohibit the normal access, viewing and use of Our Site for general information purposes whether by business users or consumers.
4.6 Nothing in these Terms and Conditions limits or excludes the provisions of Chapter III of the Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; the making of personal copies for private use; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.
5. Links to Our Site
5.1 You may link to Our Site provided that:
5.1.1 You do so in a fair and legal manner;
5.1.2 You do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
5.1.3 You do not use any logos or trade marks displayed on Our Site without Our express written permission; and
5.1.4 You do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
5.2 You may link to any page of Our Site provided you comply with the remainder of this Clause 5.
5.3 Framing or embedding of Our Site on other websites is not permitted without Our express written permission. Please contact Us at enquires@gilchristjones.co.uk for further information.
5.4 You may not link to Our Site from any other site the main content of which contains material that:
5.4.1 is sexually explicit;
5.4.2 Is obscene, deliberately offensive, hateful or otherwise inflammatory;
5.4.3 Promotes violence;
5.4.4 Promotes or assists in any form of unlawful activity;
5.4.5 Discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
5.4.6 Is designed or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
5.4.7 Is calculated or is otherwise likely to deceive another person;
5.4.8 Is designed or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
5.4.9 Misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 5.4);
5.4.10 Implies any form of affiliation with Us where none exists;
5.4.11 Infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party; or
5.4.12 Is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
5.5 The content restrictions in sub-Clause 5.4 do not apply to content submitted to sites by other users provided that the primary purpose of the site accords with the provisions of sub-Clause 5.4. You are not, for example, prohibited from posting links on general-purpose social networking sites merely because another user may post such content. You are, however, prohibited from posting links on websites which focus on or encourage the submission of such content from users.
6. Links to Other Sites
Links to other sites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.
7. Disclaimers
7.1 The Content on Our Site does not constitute advice on which you should rely. It is provided for general information purposes only
7.2 We make no representation, warranty, or guarantee that Our Site will meet your requirements that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
7.3 We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.
8. Our Liability
8.1 To the fullest extent permissible by law, We accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content included on Our Site.
8.2 To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content included on Our Site.
8.3 If you are a commercial user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
8.4 We take all reasonable steps to ensure that Our Site is free from viruses and other malware, however We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content from it) or any other site referred to on Our Site.
8.5 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
8.6 Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law.
9. Viruses, Malware and Security
9.1 We take all reasonable steps to ensure that Our Site is secure and free from viruses and other malware. We do not, however, guarantee that Our Site is secure or free from viruses or other malware and accept no liability in respect of the same, as detailed in sub-Clause 8.4.
9.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
9.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
9.4 You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
9.5 You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
9.6 By breaching the provisions of sub-Clauses 9.3 to 9.5 you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.
10. Acceptable Usage Policy
10.1 You may only use Our Site in a manner that is lawful. Specifically:
10.1.1 You must ensure that you comply fully with any and all local, national or international laws and/or regulations;
10.1.2 You must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
10.1.3 You must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
10.1.4 You must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
10.2 We reserve the right to suspend or terminate your access to Our Site if you materially breach the provisions of this Clause 10 or any of the other provisions of these Terms and Conditions. Specifically, We may take one or more of the following actions:
10.2.1 Suspend, whether temporarily or permanently, your right to access Our Site;
10.2.2 Issue you with a written warning;
10.2.3 Take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
10.2.4 Take further legal action against you as appropriate;
10.2.5 Disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
10.2.6 Any other actions which We deem reasonably appropriate (and lawful).
10.3 We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms and Conditions.
11. Privacy and Cookies
Use of Our Site is also governed by Privacy Policy. This policy is incorporated into these Terms and Conditions by this reference.
12. Changes to these Terms and Conditions
12.1 We may alter these Terms and Conditions at any time. Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented. You are therefore advised to check this page from time to time.
12.2 In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
13. Contacting Us
To contact Us, please email Us at enquires@gilchristjones.co.uk.
14. Communications from Us
14.1 If We have your contact details, We may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes and changes to these Terms and Conditions.
14.2 We will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time. Any and all marketing emails sent by Us include an unsubscribe link. If you opt out of receiving emails from Us at any time, it may take up to two business days for your new preferences to take effect.
14.3 For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us at enquires@gilchristjones.co.uk.
14.4 Any and all personal information that We may collect will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights and Our obligations under that Act.
14.5 We may use your personal information to:
14.5.1 Reply to any communications you send to Us;
14.5.2 Send you important notices, as detailed in Clause 14;
14.6 We will not pass on your personal information to any third parties.
15. Law and Jurisdiction
15.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
15.2 If you are a consumer, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
15.3 If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.
GILCHRIST JONES ASSOCIATES LTD – WEBSITE DISCLAIMER
1.1 Gilchrist Jones Associates Ltd, wwwgilchristjones.co.uk makes no warranty or representation that this website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all computer systems, that it will be secure and that all information provided will be accurate. Gilchrist Jones Associates Ltd, wwwgilchristjones.co.uk makes no guarantee of any specific results from the use of this website.
1.2 No part of this website is intended to constitute advice and the content of this website should not be relied upon when making any decisions or taking any action of any kind.
GILCHRIST JONES ASSOCIATES LTD – PRIVACY POLICY
BACKGROUND:
This Policy applies as between you, the User of this Website and Gilchrist Jones Associates Ltd the owner and provider of this Website. This Policy applies to our use of any and all Data collected by us in relation to your use of the Website.
1.Definitions and Interpretation
In this Policy the following terms shall have the following meanings:
“Data”means collectively all information that you submit to the Gilchrist Jones Associates Ltd via the Website. This definition shall, where applicable, incorporate the definitions provided in the Data Protection Act 1998;
“Cookie”means a small text file placed on your computer by this Website when you visit certain parts of the Website and/or when you use certain features of the Website. Details of the cookies used by this Website are set out in Clause 12;
“Gilchrist Jones Associates Ltd”means Gilchrist Jones Associates Ltd of School Square, Longborough, Moreton in Marsh, Gloucestershire, GL56 0QD;
“UK and EU Cookie Law”means the Privacy and Electronic Communications (EC Directive) Regulations 2003 as amended by the Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011;
“User”means any third party that accesses the Website and is not employed by Gilchrist Jones Associates Ltd and acting in the course of their employment; and
“Website”means the website that you are currently using www.gilchristjones.co.uk and any sub-domains of this site (e.g. subdomain.www.gilchristjones.co.uk) unless expressly excluded by their own terms and conditions.
2.Scope of this Policy
This Policy applies only to the actions of Gilchrist Jones Associates Ltd and Users with respect to this Website. It does not extend to any websites that can be accessed from this Website including, but not limited to, any links we may provide to social media websites.
3. Our Use of Data
3.3 Any personal Data you submit will be retained by Gilchrist Jones Associates Ltd for six months.
3.4 Unless we are obliged or permitted by law to do so, and subject to Clause 5, your Data will not be disclosed to third parties.
3.5 All personal Data is stored securely in accordance with the principles of the Data Protection Act 1998. Fore more details on security see Clause 11 below.
4. Third Party Websites and Services
4.1 Gilchrist Jones Associates Ltd may, from time to time, employ the services of other parties for dealing with matters that may include, but are not limited to, payment processing, delivery of purchased items, search engine facilities, advertising and marketing. The providers of such services do not have access to certain personal Data provided by Users of this Website.
5. Links to Other Websites
This Website may, from time to time, provide links to other websites. Gilchrist Jones Associates Ltd has no control over such websites and is in no way responsible for the content thereof. This Policy does not extend to your use of such websites. Users are advised to read the privacy policy or statement of other websites prior to using them.
6. Changes of Business Ownership and Control
6.1 Gilchrist Jones Associates Ltd may, from time to time, expand or reduce our business and this may involve the sale and/or the transfer of control of all or part of Gilchrist Jones Associates Ltd. Data provided by Users will, where it is relevant to any part of our business so transferred, be transferred along with that part and the new owner or newly controlling party will, under the terms of this Policy, be permitted to use the Data for the purposes for which it was originally supplied to us.
6.2 In the event that any Data submitted by Users is to be transferred in such a manner, you will be contacted in advance and informed of the changes. When contacted you be given the choice to have your Data deleted or withheld from the new owner or controller.
7. Controlling Use of Your Data
7.1 Wherever you are required to submit Data, you will be given options to restrict our use of that Data. This may include the following:
7.1.1 use of Data for direct marketing purposes; and
7.1.2 sharing Data with third parties.
8. Your Right to Withhold Information
8.1 You may access the Website without providing any Data at all. However, to use all features and functions available on the Website you may be required to submit certain Data.
8.2 You may restrict your internet browser’s use of Cookies. For more information see Clause 12.
9. Accessing your own Data
You have the right to ask for a copy of any of your personal Data held by Gilchrist Jones Associates Ltd (where such data is held).
10. Security
10.1 Data security is of great importance to Gilchrist Jones Associates Ltd and to protect your Data we have put in place suitable physical, electronic and managerial procedures to safeguard and secure Data collected via this Website.
11. Cookies
11.1 This Website may place and access certain Cookies on your computer. Gilchrist Jones Associates Ltd uses Cookies to improve your experience of using the Website and to improve our services. Gilchrist Jones Associates Ltd has carefully chosen these Cookies and has taken steps to ensure that your privacy is protected and respected at all times.
11.2 All Cookies used by this Website are used in accordance with current UK and EU Cookie Law.
11.3 Before the Website places any Cookies on your computer, subject to sub-Clause 12.4, you will be presented with a pop-up message bar etc requesting your consent to set those Cookies. By giving your consent to the placing of Cookies you are enabling Gilchrist Jones Associates Ltd to provide the best possible experience and service to you. You may, if you wish, deny consent to the placing of Cookies; however certain features of the Website may not function fully or as intended.
11.4 Certain features of the Website depend upon Cookies to function. UK and EU Cookie Law deems these Cookies to be “strictly necessary”. Your consent will not be sought to place these Cookies. You may still block these cookies by changing your internet browser’s settings.
11.5 Continued use of this website will be taken as acceptance of cookies from the site.
11.6 You can choose to enable or disable Cookies in your internet browser. By default, most internet browsers accept Cookies but this can be changed. For further details, please consult the help menu in your internet browser.
11.7 You can choose to delete Cookies at any time however you may lose any information that enables you to access the Website more quickly and efficiently including, but not limited to, personalisation settings.
11.8 It is recommended that you ensure that your internet browser is up-to-date and that you consult the help and guidance provided by the developer of your internet browser if you are unsure about adjusting your privacy settings.
12. Changes to this Policy
Gilchrist Jones Associates Ltd reserves the right to change this Policy as we may deem necessary from time to time or as may be required by law. Any changes will be immediately posted on the Website and you are deemed to have accepted the terms of the Policy on your first use of the Website following the alterations.