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Terms of Use

The Government Boiler Scrappage Scheme – About Us – Terms of Use & Conditions.

Dated: 28th December 2009.

1. Introduction
These are the “Terms and Conditions” under which you may use this Web site. Please read this page carefully.

If you do not accept the Terms and Conditions stated here, please do not use this Web site and/or any service(s) it may provide, as by using this Web site, you are indicating your acceptance to be bound by these Terms and Conditions.

His-Nibs (the “Company”) may revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to review the Terms and Conditions.

The terms “You” and “User” as used herein refer to all individuals and/or entities accessing this Web site for any reason.

2. Definitions
In these Conditions the following words and phrases shall have the following meanings unless the context requires otherwise:-
2.1 Listing
any material supplied by a User for transmission via the Internet from this web Site.
2.2 User
the person(s), firm or company to whom the services are provided by the Company.
2.3 Commencement Date
means the date on which the User submits a request or places content on the Site.
2.4 Conditions
means these standard Terms and Conditions.
2.5 Contract
a contract for the purchase and/or the supply of the services between the Company and the User.
2.6 Fees
means the fees and charges (if applicable) payable by the User.
2.7 Internet
the global computer network comprising interconnected networks using a standard set of rules that regulate the manner in which data is transmitted between computers.
2.8 Site
means the site at “Government-Boiler-Scrappage-Scheme.co.uk/.org” or any other Web site operated and maintained by the Company which the Company may designate for the purpose.
2.9 Web site
a site at which text, graphics, data, files and information are stored electronically and access to which is made available to third parties via the Internet.

3. General
3.1
These Conditions together with the Registration Form govern the provision of the services by the Company and the obligations of the Company and the User during the period that the services are supplied to the User.
3.2
These Conditions shall take immediate effect in substitution for all previous terms and conditions relating to the services (whether implied, oral or written) between the Company and the User.
3.3
Any Listings placed on the service may be cancelled and removed by the User but will be charged for the full duration.
3.4
The Company has the right at its sole discretion to decline to publish or to omit or suspend any Listing submitted by the User.
3.5
The Company may refuse or require to be amended any artwork, materials or copy for or relating to any Listing in order to comply with the legal or moral obligations placed upon it or the User or to avoid infringing a third party’s rights or any statutory or regulatory requirements.
3.6
The User hereby undertakes and warrants to the Company that:-
3.6.1
the reproduction and/or publication of the Listing by the Company as originally submitted or as amended will not breach any contract or infringe or violate any copyright, trade mark, or any other personal or proprietary right of any person or render the Company liable to any proceedings whatsoever;
3.6.2
any information supplied by the User in connection with the provision of the services is accurate, complete and true;
3.6.3
in respect of any Listing which contains the name or pictorial representation (photographic or otherwise) of any living person and/or any part of any living person and/or any copy by which any living person is or can be identified the User has obtained the authority of such living person to make use of such name, representation and/or copy;
3.6.4
the Listing complies with the requirements of all relevant legislation (including subordinate legislation, the rules of statutory regulatory authorities and the law of the European Union) for the time being in force or applicable thereto in such jurisdiction as the Listing shall be made available;
3.6.5
the Listing is legal, decent, honest and truthful and complies with UK law and international codes and all other such relevant codes relating to advertising as may be appropriate;
3.6.6
the Listing does not contain any data, image or other material which:-
a) is offensive, obscene or indecent, or capable of being resolved into obscene or indecent images or material;
b) is defamatory, threatening or racially, ethnically or otherwise objectionable;
c) is designed or likely to cause annoyance, inconvenience, unwanted attention or needless anxiety to any other person;
d) infringes the copyright of another person;
e) is designed or likely to cause disruption to any computer system or to any network;
f) is illegal or designed or likely to induce an illegal act;
and – where the User is an advertising agency it warrants that it is authorised by the End User to place the Listing with the Company and the User will indemnify the Company against any claim made by such person against the Company arising from the publication thereof.

DISCLAIMER
4. Liability
The Company will not be liable for any loss of copy, artwork, photographs, data or other materials which the User supplies to it and the User shall be responsible for retaining in its possession sufficient quality and quantity of such materials for whatsoever purposes it may require.
4.2
The Company accepts no responsibility for any mistakes or errors whatsoever that arise during the course of publication of any Listing and shall not be liable for any loss of information or data or any damage thereto or by reason of any representation or terms whatsoever for any loss of profit by any indirect, special or consequential loss (whether caused by the negligence of the Company, its agents, employees or directors).
4.3
Nothing in these Conditions shall render the Company liable for any loss or liability (including without limitation as a result of any server crashes or being out of service, deletion, corruption, loss or removal of data) arising out of the occurrence of any matter outside its reasonable control. Time shall not be of the essence in respect of the Company’s obligations hereunder.
4.4
No liability will be accepted by the Company for any delay costs, expense loss, damage or other loss (including without limitation loss of profits or any loss resulting from any software disk or virus) howsoever caused arising from any matter beyond the reasonable control of the Company, the failure of the Company to provide the services or out of any inaccurate, ambiguous or misinterpreted information or representation.
4.5
All sums due from the User which are not paid on the due date shall bear interest at the annual rate of 4% over the prevailing base rate of HSBC (Hong Kong Shanghai Banking Corp.), such interest shall accrue from the due date until payment is made in full.

5. Cancellation
The Company reserves the right at any time to remove the Listing from the Site in the event that the Company considers the Listing breaches any applicable laws or the rights of any third party or is prejudicial to the interests of the Company.

6. Indemnity
The User hereby undertakes to the Company that the User will, without prejudice to any other right of action which the Company may have, at all times keep the Company fully and effectively indemnified against any liability (which liability shall include, without limitation, all losses, costs, claims, expenses, demands, actions, damages, legal and other professional fees and expenses on a full indemnity basis) which the Company may suffer or incur as a result of any Listing or by reason of any breach or non-fulfilment of any of the User’s obligations in respect of these Conditions.

7. Law
These Conditions are governed by English law and the User hereby submits to the exclusive jurisdiction of the English Courts.

Please Note: If our Terms and Conditions change, we will post any changes here!
If you have any questions about these Terms and Conditions, the practices of this site, or your dealings with this Web site, please address them to:-

G-B-S-S
CO12BPL
Worcestershire
England
B97 6SJ

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