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Terms and conditions of use

Background

These terms and conditions apply between you, the User of this Website, and Goldcast LTD, the owner(s) of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.

You must be at least 18 years of age to use this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.

1 Definitions and interpretation

1.1 In these terms and conditions, the following definitions are used:

 

Content any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
Goldcast LTD we or our the owner and operator of the Website known as Goldcast LTD, as identified at the end of these terms and conditions;
Service collectively any online facilities, tools, services or information that Goldcast LTD makes available through the Website either now or in the future;
System any online communications infrastructure that Goldcast LTD makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
User/Users or you

any third party that accesses the Website and is not either (i) employed by Goldcast LTD and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Goldcast LTD and accessing the Website in connection with the provision of such services; and

Website the website that you are currently using www.harryfay.co.uk and any sub-domains of this site, unless expressly excluded by their own terms and conditions.

 

1.2 In these terms and conditions, unless the context requires a different interpretation:

1.2.1 the singular includes the plural and vice versa;

1.2.2 references to sub-clauses, clauses, schedules or appendices are to sub-clauses, clauses, schedules or  appendices of these terms and conditions;

1.2.3 a reference to a person includes firms, companies, government entities, trusts and partnerships;

1.2.4 'including' is understood to mean 'including without limitation';

1.2.5 reference to any statutory provision includes any modification or amendment of it;

1.2.6 the headings and sub-headings do not form part of these terms and conditions.

2 Intellectual property and acceptable use

2.1 All Content included on the Website, unless uploaded by Users, is the property of Goldcast LTD, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner's prior written permission

2.2 You may, for your own personal, non-commercial use only, do the following: retrieve, display and view the  content, download and store the content and print one copy.

2.3 You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without  the written permission of Goldcast LTD.

3 Prohibited use

3.1 You may not use the Website for any of the following purposes:

3.1.1 in any way which causes, or may cause, damage to the Website or interferes with any other person's use or  enjoyment of the Website;

3.1.2 in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in  breach of any applicable law, regulation, governmental order;

3.1.3 making, transmitting or storing electronic copies of Content protected by copyright without the permission of the  owner.

4 Links to other websites

4.1 This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of  Goldcast LTD or that of our affiliates.

4.2 We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or  damage arising out of the use of them.

4.3 The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or  of those in control of them.

5 Privacy Policy and Cookies Policy

5.1 Use of the Website is also governed by our Cookies Policy, which are incorporated into these  terms and conditions by this reference. To view the Privacy Policy and Cookies Policy, please click on the following: cookies policy.

6 Availability of the Website and disclaimers

6.1 The Service is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free  of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Goldcast LTD is under no obligation to update information on the Website.

6.2 Whilst Goldcast LTD uses reasonable endeavours to ensure that the Website is secure and free of errors,  viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.

6.3 Goldcast LTD accepts no liability for any disruption or non-availability of the Website.

6.4 Goldcast LTD reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including,  but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.

7 Limitation of liability

7.1 Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury  resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.

7.2 We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.

7.3 To the maximum extent permitted by law, Goldcast LTD accepts no liability for any of the following:

7.3.1 any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts,  goodwill or commercial opportunities;

7.3.2 loss or corruption of any data, database or software;

7.3.3 any special, indirect or consequential loss or damage.

8 General

8.1 You may not transfer any of your rights under these terms and conditions to any other person. We may transfer  our rights under these terms and conditions where we reasonably believe your rights will not be affected.

8.2 These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website  from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.

8.3 These terms and conditions together with the Privacy Policy and Cookies Policy contain the whole agreement  between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.

8.4 The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party  will have any right to enforce or rely on any provision of these terms and conditions.

8.5 If any court or competent authority finds that any provision of these terms and conditions (or part of any  provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.

8.6 Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a  waiver of that, or any other, right or remedy.

8.7 These terms and conditions will be governed by and interpreted according to English law. All disputes arising  under these terms and conditions will be subject to the exclusive jurisdiction of the English courts.

9 Goldcast LTD details

9.1 Goldcast LTD operates the Website www.harryfay.co.uk. Goldcast LTD is a company registered in England and  Wales under company registration number 07002753 and with its registered office at 28/29 The Broadway, London, London, W5 2NP.