Sixteen47 Website Terms of Use

1. General

Use by users ("you"/"your") ofsixteen47.com ("the Site") constitutes acceptance by you of the following terms of use. YOUR USE OF THIS SITE WILL BE GOVERNED BY THESE TERMS. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITE. If you do not agree to all of these terms of use and our Privacy Policy ("terms"), you may not use the Site which is owned and operated by 1647 Ltd ("us"/"our"/"we"). These terms relate to your use of the Site.

All and any samples, drawings, descriptions, specifications, illustrations, photographs and advertising or equivalent or otherwise ("Sample(s)") issued or published on the Site for the sole purpose of giving an approximate idea of the products and/or services represented by or described in them. By using this Site, you appreciate that the colour size shape and design or otherwise of the product as appear in the Samples may not accurately reflect the same when the product is actually viewed and variation may otherwise occur outside of our control or the manufacturer and whilst we use reasonable endeavours to ensure that the Site Samples match the actual product, we cannot and do not guarantee this. Accordingly, any purchase by you of products and/or services based on the Site Samples alone will not be deemed as a sale by sample.

The processing of a payment and acknowledgement of an order does not constitute a legally binding contract to supply the goods and we reserve the right to cancel the order right up to the point of delivery.

2. Copyright and Trademarks

The information and materials ("Content") appearing on the Site are displayed for personal, non-commercial use only. All software used on the Site and all Content included on the Site (including without limitation site design, text, graphics, audio and video, the selection and arrangement thereof and the underlying source code) is our property or that of our suppliers and is protected by international copyright laws. All rights reserved.

None of the Content may be downloaded, copied, reproduced, republished, posted, transmitted, stored, sold or distributed without the prior written permission of the copyright holder. This excludes the downloading of one copy of extracts from the Site on any single computer for personal, non-commercial home use only, provided that all copyright and proprietary notices are kept intact. Modification of any of the Content or use of any of the Content for any purpose other than as set out herein (including without limitation on any other website or computer network) is prohibited. If you breach any of the terms of this legal notice, your permission to use the Site automatically terminates and you must immediately destroy any downloaded or printed extracts from the Site. Requests to republish any of the Content and to use quotations or extracts from the Site should be addressed by sending an enquiry through the website.

All trademarks, service marks and logos used on the Site from time to time are the trademarks, service marks or logos of their respective owners.

We have made every effort to secure (where appropriate) licenses and clearances for all third party intellectual property used on the Site. You may notify us of alleged intellectual property rights infringement by contacting us through the website.

3. Links to third party websites

The Site may from time to time include links to third party internet websites which are controlled and maintained by others. These links are included solely for your convenience and do not constitute any endorsement by us of the websites linked or referred to including the products and/or services featured on those websites. Please refer to our Privacy Policy for details.

4. Liability disclaimer

While we endeavour to ensure that the information on the site is correct, to the maximum extent permitted by law, we provide you with the site on an 'as is' basis only. You accept that access to the site may be suspended at any time and without notice in the case of systems failure, maintenance or repair or for any other reasons whatsoever, including for reasons beyond our control.

We make no representation or warranties of any kind, express or implied, as to the operation of the site or the information (including samples as defined at clause 1 above), reliability, completeness or timeliness of the content or services available on the site or that the use of the site will be uninterrupted, timely, secure or error-free. You expressly agree that your use of the site is at your own risk.

Further, any other party (whether or not involved in creating, producing, maintaining or delivering the site) including the officers, employees, consultants or agents exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or any third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money or loss or damages arising from or connected in any way to business interpretation and whether in tort (including without negligence) contract, warranty or otherwise in connection with the site in any way or in connection with the use, inability to use or the results of use of the site, any websites linked to the site or the content on the site, including but not limited to loss or damage due to viruses (including logic bombs, trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data) that may infect your computer equipment, software data or other property on account of your access to, use of, or browsing the site or your downloading of any content from the site or any websites linked to the site. Further, we exclude all liability and responsibility as set out above whether or not we are advised of the possibility of such loss or damage.

Nothing in this legal notice shall exclude or limit our (including our employees or agents) liability for:-

1. Death, personal injury or fraud caused by our negligence; or
2. Misrepresentation as to a fundamental matter; or
3. Any liability which cannot be excluded or limited under applicable law, including:-
   1. Conditions and warranties as to title to goods implied by sale of goods legislation and where the customer deals as a consumer; or
   2. Conditions as to goods' description fitness and quality and implied by sale of goods legislation and conditions as to supply of goods and services legislation

If your use of the content on the site results in the need for servicing, repairing or correction of equipment, software or data you assume all costs thereof.

If you are a consumer this legal notice does not affect your statutory rights which you have under law which cannot be excluded or limited. If you want to know what these rights are you should contact your local citizens' advice bureau.

5. Your account

If you have an account with us then you are responsible for maintaining the confidentiality of this account and any related passwords for your restricting access to your computer and/or account. You agree to accept responsibility for all activities that take place under your account and/or passwords.

Your personal data is covered under the terms of our Privacy Policy. Please refer to our Privacy Policy for details. https://sixteen47.com/pages/privacy_policy

You are prohibited from posting or transmitting to or from the Site any material:

1. That is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous in breach of confidence, in breach of privacy or which make cause annoyance or inconvenience; or
2. For which you have not obtained all necessary licences and/or approvals; or
3. which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability or otherwise be contrary to the law of or infringe the rights of any third party, in the United Kingdom or any other country in the world; or
4. Which is technically harmful (including without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data); or
5. Which facilitates your misuse of the Site (including, without limitation, hacking)

We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of the above prohibitions.

6. Termination

You agree that we may in our sole discretion and at any time terminate any password and account (or any part thereof) of yours without limitation, if we reasonably believe that you have violated or acted inconsistently with the letter or spirit of these terms.

7. Advertisements

The Site may contain advertisements by third parties, and these advertisements may contain links to other websites. Unless otherwise specifically stated, we do not endorse any product or service or make any representation regarding the Content or accuracy of any materials contained in or linked to any advertisement on the Site.

8. Indemnity

You agree to indemnify and hold us, our officers, employees, agents, consultants, licensees and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from or alleged to result from, your use of the Content of the Site in a manner that violates, or is alleged to violate, these terms. We shall provide notice to you promptly of any such claim, suit, or proceeding, and shall reasonably co-operate with you, at your expense, in your defence of any such claim.

9. Force Majeure

We will not be liable for any delay or failure in performance or interruption of the delivery of the Content of the Site resulting directly or indirectly from any cause or circumstances beyond our reasonable control, including but not limited to failure of equipment or communication lines, telephone or other interconnect problems, computer viruses (including logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data), unauthorised access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes, or other labour problems, wars or governmental restrictions.

10. Severability and Waiver

If any provision of these terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms, which shall remain in full force and effect. No waiver of any of these terms shall be deemed a further or continuing waiver of such term or any other term.

11. Access outside England

We are based in England. Access to the Content of the Site may not be legal by certain persons or in certain countries. If you access the Site from outside England you do so at your own risk and are responsible for compliance with the Laws of your jurisdiction. Recognising the global nature of the internet, you agree to comply with all local rules regarding online conduct and acceptable content.

Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.

12. Entire Agreement

These terms (along with the Privacy agreement (Please refer to our Privacy Policy for details. https://sixteen47.com/pages/privacy_policy) constitute the entire agreement between you and us and govern your use of the Site, superseding any prior agreements between you and us

13. Jurisdiction

These terms are governed by, and construed in accordance with, English Law unless you live in Scotland in which case, these terms will be governed by Scots Law and you and us irrevocably agree that the UK Courts shall have non-exclusive jurisdiction to settle any dispute which may arise out of or in connection with these terms or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the non-exclusive jurisdiction of the UK Courts.

14. No Joint Venture, Partnership, Employment or Agency

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of your use of this Site and therefore acceptance of these terms.

15. Notification of changes to these terms

We reserve the right at our sole discretion to add to or change these terms. If we publish any changes we will let you know by posting such changes to this page and/or by posting notification of change to our Site homepage. Once we have posted any such changes it is then your responsibility as a user to ensure that you are aware of such changes from time to time. Changes will become effective 24 hours after first posting and you will be deemed to have accepted any change if you continue to access the Site after that time.

16. User information

We may collect information on what pages are accessed or visited by you (this is collected anonymously via Google Analytics and reports website trends without identifying individual visitors) and information volunteered by you, such as your contact details survey information and/or any site registrations. We use this information for internal review and in order to improve the Content of the Site. Further, without prejudice to the above, we shall at all times process your information obtained via your access and use of the Site and/or otherwise in accordance with our Privacy Policy. Please refer to our Privacy Policy for details. https://sixteen47.com/pages/privacy_policy. Where we collect from you and you voluntarily submit to us your information whilst using this site, our use of your information will be governed by these terms including our Privacy Policy.

17. Our contact details

If you have any comments suggestions or questions about these terms and/or the Site and/or us generally, please contact us through the website.

Acceptable Use Policy

This acceptable use policy sets out the terms between you and us under which you may access our website www.sixteen47.com (our site). This acceptable use policy applies to all users of, and visitors to, our site.

Your use of our site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our Terms of Use and our Privacy Policy. (Please refer to our Privacy Policy for details. https://sixteen47.com/pages/privacy_policy)

Our site is operated and owned by 1647 Ltd, The Union Building, 51-59 Rose Lane, Norwich, Norfolk, NR1 1BY. ( we, us, our).

1. Prohibited Uses

You may use our site only for lawful purposes. You may not use our site:

• In any way that breaches any applicable local, national or international law or regulation.
• In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
• For the purpose of harming or attempting to harm minors in any way.
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as set out below.
• To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
• To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
• You also agree:
• Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our Terms of Use.
• Not to access without authority, interfere with, damage or disrupt:
  • any part of our site;
  • any equipment or network on which our site is stored;
  • any software used in the provision of our site; or
  • any equipment or network or software owned or used by any third party.

2. Interactive Services

We may from time to time provide interactive services on our site, including, without limitation:

• Bulletin boards.
• Forums and/or polls.
• Message boards and/or message submission points.

(interactive services).

Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

3. Content Standards

These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it.

You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.

Contributions must:

• Be accurate (where they state facts).
• Be genuinely held (where they state opinions).
• Comply with applicable law in the UK and in any country from which they are posted.

Contributions must not:

• Contain any material which is defamatory of any person.
• Contain any material which is obscene, offensive, hateful or inflammatory.
• Promote sexually explicit material.
• Promote violence.
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringe any copyright, database right or trade mark of any other person.
• Be likely to deceive any person.
• Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
• Promote any illegal activity.
• Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
• Be likely to harass, upset, embarrass, alarm or annoy any other person.
• Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
• Give the impression that they emanate from us, if this is not the case.
• Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

4. Suspension and Termination

We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this acceptable use policy constitutes a material breach of the Terms of Use upon which you are permitted to use our site, and may result in our taking all or any of the following actions:

• Immediate, temporary or permanent withdrawal of your right to use our site.
• Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
• Issue of a warning to you.
• Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
• Further legal action against you.
• Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

5. Changes To The Acceptable Use Policy

We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.