Disclaimer
1.
Introduction1.1 This
disclaimer shall govern your use of our website.
1.2 By using
our website, you accept this disclaimer in full; accordingly, if you disagree
with this disclaimer or any part of this disclaimer, you must not use our
website.
1.3 Our
website uses cookies; by using our website or agreeing to this disclaimer, you
consent to our use of cookies in accordance with the terms of our [privacy and
cookies policy].
2. Copyright
notice
2.1 Copyright
(c) 2015 Jaipur Fabric. All rights reserved
2.2 Subject to
the express provisions of this disclaimer:
(a) Jaipur Fabric, together with our licencors,
own and control all the copyright and other intellectual property rights in our
website and the material on our website; and
(b) All the
copyright and other intellectual property rights in our website and the
material on our website are reserved.
3. Licence
to use website
3.1 You may:
(a) View pages
from our website in a web browser;
(b) Download
pages from our website for caching in a web browser; and
(c) Print
pages from our website,
Subject
to the other provisions of this disclaimer.
3.2 Except as expressly
permitted by Section 3.1 or the other provisions of this disclaimer, you must
not download any material from our website or save any such material to your
computer.
3.3 You may
only use our website for [your own personal and business purposes], and you
must not use our website for any other purposes.
3.4 Unless you
own or control the relevant rights in the material, you must not:
(a) Republish
material from our website (including republication on another website);
(b) Sell, rent
or sub-license material from our website;
(c) Show any
material from our website in public;
(d) Exploit
material from our website for a commercial purpose; or
(e) Redistribute
material from our website.
3.5 We reserve
the right to restrict access to areas of our website, or indeed our whole
website, at our discretion; you must not circumvent or bypass, or attempt to
circumvent or bypass, any access restriction measures on our website.
4. Acceptable
use
4.1 You must
not:
(a) Use our
website in any way or take any action that causes, or may cause, damage to the
website or impairment of the performance, availability or accessibility of the
website;
(b) Use our
website in any way that is unlawful, illegal, fraudulent or harmful, or in
connection with any unlawful, illegal, fraudulent or harmful purpose or
activity;
(c) Use our
website to copy, store, host, transmit, send, use, publish or distribute any
material which consists of (or is linked to) any spyware, computer virus,
Trojan horse, worm, keystroke logger, rootkit or other malicious computer
software;
(d) Conduct
any systematic or automated data collection activities (including without
limitation scraping, data mining, data extraction and data harvesting) on or in
relation to our website without our express written consent;
(e) Access or
otherwise interact with our website using any robot, spider or other automated
means;
(f) Violate
the directives set out in the robots.txt file for our website; or
(g) Use data
collected from our website for any direct marketing activity (including without
limitation email marketing, SMS marketing, telemarketing and direct mailing).
4.2 You must
not use data collected from our website to contact individuals, companies or
other persons or entities.]
4.3 You must
ensure that all the information you supply to us through our website, or in
relation to our website, is [true, accurate, current, complete and
non-misleading].
5. Limited
warranties
5.1 We do not
warrant or represent:
(a) the
completeness or accuracy of the information published on our website;
(b) that the
material on the website is up to date; or
(c) that the
website or any service on the website will remain available.
5.2 We reserve
the right to discontinue or alter any or all of our website services, and to
stop publishing our website, at any time in our sole discretion without notice
or explanation; and save to the extent expressly provided otherwise in this
disclaimer, you will not be entitled to any compensation or other payment upon
the discontinuance or alteration of any website services, or if we stop
publishing the website.
5.3 To the
maximum extent permitted by applicable law and subject to Section 7.1, we
exclude all representations and warranties relating to the subject matter of
this disclaimer, our website and the use of our website.
6. Limitations
and exclusions of liability
6.1 Nothing in
this disclaimer will:
(a) limit or
exclude any liability for death or personal injury resulting from negligence;
(b) limit or
exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any
liabilities in any way that is not permitted under applicable law; or
(d) exclude
any liabilities that may not be excluded under applicable law.
6.2 The
limitations and exclusions of liability set out in this Section 7 and elsewhere
in this disclaimer:
(a) are
subject to Section 7.1; and
(b) govern all
liabilities arising under this disclaimer or relating to the subject matter of
this disclaimer, including liabilities arising in contract, in tort (including
negligence) and for breach of statutory duty.
6.3 To the
extent that our website and the information and services on our website are
provided free of charge, we will not be liable for any loss or damage of any
nature.
6.4 We will
not be liable to you in respect of any losses arising out of any event or
events beyond our reasonable control.
6.5 We will
not be liable to you in respect of any business losses, including (without
limitation) loss of or damage to profits, income, revenue, use, production,
anticipated savings, business, contracts, commercial opportunities or goodwill.
6.6 We will
not be liable to you in respect of any loss or corruption of any data, database
or software.
6.7 We will
not be liable to you in respect of any special, indirect or consequential loss
or damage.
6.8 You accept
that we have an interest in limiting the personal liability of our officers and
employees and, having regard to that interest, you acknowledge that we are a
limited liability entity; you agree that you will not bring any claim
personally against our officers or employees in respect of any losses you
suffer in connection with the website or this disclaimer (this will not, of
course, limit or exclude the liability of the limited liability entity itself
for the acts and omissions of our officers and employees).
7. Variation
7.1 We may
revise this disclaimer from time to time.
7.2 The
revised disclaimer shall apply to the use of our website from the time of
publication of the revised disclaimer on the website.
8. Sever ability
8.1 If a
provision of this disclaimer is determined by any court or other competent
authority to be unlawful and/or unenforceable, the other provisions will
continue in effect.
8.2 If any
unlawful and/or unenforceable provision of this disclaimer would be lawful or
enforceable if part of it were deleted, that part will be deemed to be deleted,
and the rest of the provision will continue in effect.
9. Law and
jurisdiction
9.1 This
disclaimer shall be governed by and construed in accordance with [English law].
9.2 Any
disputes relating to this disclaimer shall be subject to the [exclusive /
non-exclusive] jurisdiction of the courts.