| 1. |
Your Use of the Total Format Service |
| 1.1 |
The Total Format Service is intended to appeal to a wide range of audiences and as such all of the Total Format Services are suitable for use by children. Parents and guardians are reminded of the importance of
supervising young children's' use of the Total Format Service for their own protection. Parents or guardians of children shall be responsible for the actions of any children using the Total Format Service. |
| 1.2 |
You may use the Total Format Service only for lawful purposes. You may not use, and shall take all reasonable steps to ensure that no other person uses, your Total Format Service: |
| 1.2.1 |
in a way that does not comply with the terms of any laws applicable to you or that is in any way unlawful or fraudulent or has any unlawful or fraudulent purpose or effect; |
| 1.2.2 |
to send, knowingly receive, upload, download, use or re-use any material which is abusive, indecent, defamatory, obscene or menacing, or in breach of any copyright, confidence, privacy or any other rights; |
| 1.2.3 |
to spam or send or procure the sending of any unsolicited advertising or promotional material; |
| 1.2.4 |
to cause annoyance, inconvenience or needless anxiety; |
| 1.2.5 |
to send or upload any material that contains viruses, trojan horses, worms, time bombs or any other harmful programs. |
| 1.3 |
If you do not follow the guidelines set out under paragraph 1, you agree to indemnify us against all claims, demands, actions, costs, expenses (including but not limited to reasonable legal costs and disbursements), losses and damages arising from or incurred as a result of your actions. |
| 2. |
Intellectual Property Rights |
| 2.1 |
You agree that the material and content contained in, or provided by Total Format as part of, the Total Format Service is for your use only and may not be distributed to anyone and you are prohibited from using such content commercially without our permission. |
| 2.2 |
Your use of the Total Format Service carries with it no rights in relation to copyright, trademarks or other intellectual property rights that belong to us or third parties that have granted us licences to use their intellectual property. The TotalFormat.com logo and TotalFormat.com name are trademarks of Total Format. |
| 2.3 |
You may not display the contents of the Total Format Service or any part of them in a frame surrounded by other material not originated by us. |
| 3. |
Limitations on the Total Format Service |
| 3.1 |
You should note that various elements of the Total Format Service are not provided by us but instead by other companies. We are therefore unable to guarantee that such products and services or any websites accessible via the Total Format Service are virus or error free. You should check all emails, attachments and files before downloading them. |
| 3.2 |
Your dealings with, and interest in, promotions, services, or merchants found via the Total Format Service are solely between you and the person with whom you are dealing unless we expressly state otherwise. |
| 3.3 |
We, or merchants and content providers found via the Total Format Service, may provide links to other web sites or resources. We are unable to accept responsibility for these web sites or resources; neither have we endorsed their content, products or services merely because they are accessible via the Total Format Service. |
| 3.4 |
We make all reasonable efforts to ensure that all information provided by us in connection with the Total Format Service is accurate at the time of its inclusion, however, there may be errors, inaccuracies or omissions in respect of which we exclude all liability. We make no representations or warranties about the information included on our web pages (including links to third parties' web pages). You shall be solely responsible for any decisions based on the information contained on such web pages. |
| 3.5 |
Information provided by Total Format does not constitute legal or professional advice and should not be relied upon without taking independent advice. |
| 3.6 |
We take reasonable steps to safeguard the security of any information you input or send to us in connection with the total Format Service by using secure services and encryption technology where we deem appropriate, however, we accept no responsibility for any damages that you may suffer as a result of the loss of confidentiality of such information. |
| 3.7 |
We cannot guarantee that the transmission of information over the Internet will be secure or that you will be able to access the Internet at all times or at the speeds that have been indicated to you that are available by your Internet Service Provider. |
| 3.8 |
If you intend to use the Total Format Service for business or commercial purposes, you agree that, unless we specifically state otherwise, we shall provide the Total Format Service to you without any conditions, warranties or guarantees whether express or implied, including but not limited to any implied warranties or conditions as to satisfactory quality or fitness for a particular purpose, which are expressly excluded, to the extent permitted by law. |
| 4. |
Our Liability to You |
| 4.1 |
We do not limit our liability if you die or are injured as a result of our negligence or you suffer loss as a consequence of any fraud by us. |
| 4.2 |
We shall not be liable to you in contract, tort (including negligence) or otherwise for: |
| 4.2.1 |
any damage or loss arising from the consequences of viruses received by you via the Total Format Service or of our failure to provide the Total Format Service in accordance with this Policy; or |
| 4.2.2 |
any economic losses (including loss of business, contracts, profits, revenues, capital or anticipated savings), any indirect, special or consequential loss, loss of data, goodwill or reputation or for any wasted expense including but not limited to losses caused by viruses. |
| 4.3 |
Except as set out in paragraph 4.1 any liability we may have to you whether in contract, tort (including negligence) or otherwise for any loss or damage suffered by you in relation to the Total Format Service is limited to £500 in any 12 month period. |
| 4.4 |
We are not liable for any failure to perform our obligations if we are prevented from doing so by an event beyond our reasonable control (which may include, without limitation, strikes; labour disputes; acts of God; war; riot; civil action; malicious acts or damage; compliance with any law, governmental or regulatory order, rule, regulation or direction; any act or omission of any government or other competent authority; accident; equipment or services failure, including the unavailability of third party telecommunications services, lines or other equipment; fire; flood or storm). |
| 4.5 |
Each provision of this section 4 operates separately. If any part is held by a court to be unreasonable or inapplicable then the other parts shall still apply. |
| 5. |
Suspension and Termination of the Total Format Service |
| 5.1 |
We may suspend or terminate the Total Format Service without giving notice to you. |
| 6. |
Changes to the Total Format Service |
| 6.1 |
We may alter and/or amend the Total Format Service at any time without giving notice to you. |
| 7. |
Other Things You Need to Know |
| 7.1 |
We will only use any personal data you provide to you in accordance with our Privacy Policy located HERE |
| 7.2 |
If any part of this Policy is found to be illegal or unenforceable, this will not affect the validity and enforceability of the remainder of the policy. |
| 7.3 |
The provision of the Total Format Service and the application of this policy are governed by UK law and the parties hereby agree to submit to the exclusive jurisdiction of the UK Courts in respect of any dispute or matter arising out of or in connection with this Policy. |
