Terms And Conditions

Terms of Website Use

1. Terms of Website Use

  1. This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our websites “www.aquaphot.com” and “www.aquaphot.co.uk” (“our sites”), whether as a guest or a registered user. Please read these terms of use carefully before you start to use the site. By using our sites, you indicate irrevocably that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our sites.

2. Information About Us

  1. Our sites are operated by K.M.R. Photographic Services Ltd (“we”) (trading as Aquaphot). We are registered in England and Wales under company number 2709734 and have our registered office at 40 D’Arcy Way, Tolleshunt D’Arcy, CM9 8UD England.
  2. We are a limited company.

3. Accessing Our Sites

  1. Access to our sites is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our sites without any advance notice (see 3, below). We will not be liable if for any reason our sites are unavailable at any time or for any period, whether or not such unavailability was within our control.
  2. From time to time, we may restrict access to some parts of our sites, or our entire site, to users who have registered with us.
  3. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use. Any breach of security of a user identification code or password should be notified to us immediately.
  4. When using our sites, you must comply with the provisions of our acceptable use policy set out in section 4 below.
  5. You are responsible for making all arrangements necessary for you to have access to our sites. You are also responsible for ensuring that all persons who access our sites through your internet connection are aware of these terms, and that they comply with them.

4. Acceptable Use Policy

  1. You may use our sites only for lawful purposes. You may not use our sites:
    (a) in any way that breaches any applicable local, national or international law or regulation;
    (b) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
    (c) for the purpose of harming or attempting to harm minors in any way;
    (d) to send, knowingly receive, upload, download, use or re-use any material which does not comply with these terms of use;
    (e) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
    (f) 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.
  2. You also agree:
    (a) not to reproduce, duplicate, copy or re-sell any part of our sites in contravention of the provisions of these terms of use;
    (b) not to access without authority, interfere with, damage or disrupt any part of our sites, any software used in the provision of our sites; or any equipment or network or software owned or used by any third party.
  3. We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our sites. When a breach of this policy has occurred, we may take such action as we deem appropriate.
  4. Failure to comply with this acceptable use policy constitutes a material breach of these terms of use upon which you are permitted to use our sites, and may result in our temporary or permanent withdrawal of your right to use or access our sites or taking of any appropriate legal action against you, notwithstanding any agreement or arrangement we have with you in relation to any registration or subscription. 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. Intellectual Property Rights

  1. We are the owner or the licensee of all intellectual property rights on our sites, and in the material published on it, including but not limited to the text, content, software, video, music, sound, graphics, images, photographs, illustrations, artwork, names, logos, trade marks, trade names, designs and other materials. Those works are protected by copyright laws and all such rights are reserved.
  2. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
  3. Our status (and that of any identified contributors) as the authors and/or owners of material on our sites must always be acknowledged.
  4. You must not infringe any of the intellectual property rights on our sites or use any part of the materials on our sites for commercial purposes without obtaining a licence or permission to do so in writing from us or our licensors.
  5. You must not use any of our trade marks or trade names without our consent and you acknowledge that you have no ownership or other rights in and to any of the names or marks.
  6. If you print off, copy or download any part of our sites in breach of these terms of use, your right to use our sites will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

6. Reliance on Information Posted

  1. Commentary and other materials posted on our sites are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our sites, or by anyone who may be informed of any of its contents.

7. Our Sites Change Regularly

  1. We aim to update our sites regularly, and may change the content at any time, including these terms of use. If the need arises, we may suspend access to our sites, or close it indefinitely. Any of the material on our sites may be out of date at any given time, and we are under no obligation to update such material.

8. Our Liability

  1. The material and information displayed on our sites is provided without any guarantees, conditions or warranties as to its accuracy.
  2. To the fullest extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
    (a) all conditions, warranties and other terms which might otherwise be express or implied by statute, common law or the law of equity; and
    (b) any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our sites or in connection with the use, inability to use, or results of the use of our sites, any websites linked to it and any materials posted on it, including, without limitation any liability for any loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, whether or not foreseeable.
  3. We further specifically exclude all guarantees, conditions, warranties, responsibilities or liabilities:
    (a) to the title, merchantability, satisfactory quality, fitness for a particular purpose and non-infringement of proprietary or third party rights of our sites;
    (b) that our sites will operate uninterrupted or error-free or that defects will be corrected;
    (c) that our sites will be compatible with your computer equipment;
    (d) that our sites or its server is free of viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful and we are not liable for any damage you may suffer as a result of such destructive features; and
    (e) for any delay or failure to perform that is due to or caused by factors beyond our reasonable control. These terms of use do not affect your statutory rights or your rights as a consumer.

9. Indemnity

  1. You agree to indemnify, defend and hold harmless each of us, our employees, representatives and agents from and against any claims, actions, demands or other proceedings brought against any of us, our employees, representatives or agents, by a third party, to the extent that such claim, suit, action or other proceeding based on or arise in connection with:
    (a) any infringement by you of our intellectually property rights in our website or its content; or
    (b) any libellous, malicious or defamatory use of our sites by you.

10. Information About You and Your Visits to Our Sites

  1. We process information about you in accordance with our privacy policy. By using our sites, you consent to such processing and you warrant that all data provided by you is accurate.

11. Transactions Concluded Through Our Sites

  1. Contracts for the supply of goods or services formed through our sites or as a result of visits made by you are governed by our terms and conditions of supply.

12. Viruses, Hacking and Other Offences

  1. You must not misuse our sites by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our sites, the server on which our sites is stored or any server, computer or database connected to our sites. You must not attack our sites via a denial-of-service attack or a distributed denial-of service attack.
  2. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our sites will cease immediately.
  3. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our sites or to your downloading of any material posted on it, or on any website linked to it.

13. Linking to Our Sites

  1. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
  2. You must not establish a link from any website that is not owned by you.
  3. Our sites must not be framed on any other site, nor may you create a link to any part of our sites other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy in section 4 above.

14. Links from Our Sites

  1. Where our sites contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

15. Jurisdiction and Applicable Law

  1. The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our sites although we retain the right to bring proceedings for any breach of these conditions in any other relevant country.
  2. These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
  3. Our sites are not directed at any person in any jurisdiction where for any reason the publication, access or availability of our sites is prohibited. Those in respect of whom such prohibitions apply must not access our sites. We do not represent that either our sites or the contents of our sites are appropriate for use or permitted by local laws in all jurisdiction and those who access our sites do so on their own initiative and are responsible for compliance with applicable local laws or regulations.

16. Trade Marks

 

17. Variations

  1. We may revise these terms of use 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 made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our sites.

18. Waiver and Severance

  1. No failure or delay by us to exercise any right or remedy provided under these terms of use or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict our further exercise of that or any other right or remedy.
  2. If any provision of these terms of use (or part of any provision) is held to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms of use shall not be affected.

19. Your Concerns

  1. If you have any concerns about material which appears on our sites, please contact info@aquaphot.com

Thank you for visiting our sites.