The terms and conditions set out below (the “Terms”) shall exclusively apply to your use of Newsmith Stainless Limited’s (hereinafter referred to as “Newsmith” or “us” or “we” or “our”) website at: www.newsmiths.com (the “Website”).
- Use of the Website
All use of the Website is strictly subject to the Terms. Please read these Terms carefully before you start to use the Website. Your use of the Website indicates your acceptance of the Terms and your agreement to abide by them. If you do not agree to the Terms, you must cease use of the Website immediately.
The Terms form a legal agreement between you and Newsmith and can only be modified with our written consent. Newsmith reserves the right to amend the Terms at its sole discretion, at any time and without notice, by changing them on the Website. You are responsible for reviewing the Terms on each occasion that you visit the Website, and if you continue to use the Website after amendments have been made then you are deemed to have accepted the amendments.
You agree to comply with any and all applicable laws and regulations when using the Website. If Newsmith, in its absolute discretion, considers that you have made improper use of the Website, or any part of it, it reserves the right to block, suspend or terminate your access to the Website, or any part of it, without notice and to remove any unacceptable or undesirable content or material from the Website without notice.
- Information About Us
The Website is operated by Newsmith, a company registered in England and Wales with Registration Number 968816, with its registered office at Fountain Works, Child Lane, Roberttown, Liversedge, West Yorkshire, WF15 7PH. Please see the “Contact” page on the Website for full contact details.
- Product Information
The Website contains information about our goods, which may include descriptions of the products and current prices or promotions available. All product information on the Website and in our brochures, or other advertising material, in relation to our goods and services constitutes an “invitation to treat” only and is not a contractual offer from Newsmith that may be accepted by you. You can find further details about placing orders with Newsmith on the Website and by viewing the applicable Conditions of Sale, which are available on request.
- Accuracy of Content and Information on the Website
Newsmith does its best to ensure all content, materials and information on the Website is accurate. However, we provide no guarantees, conditions or warranties as to the accuracy and completeness of such content, materials and information. We make no representations that the content and information on the Website is accurate, up to date or complete and accept no liability for any loss or damage caused by inaccurate, out of date or incomplete content or information. Newsmith may make changes to the content and information on the Website at any time without notice.
The commentary, information and materials on the Website are not intended to amount to advice on which reliance should be placed. Such information is to be used only as a reference aid, and does not constitute any form of advice or recommendation by Newsmith and is not intended to be relied upon by you in making (or refraining from making) any specific decisions. Newsmith therefore disclaims all liability and responsibility arising from any reliance placed on such commentary, information or materials by a visitor to the Website, or by anyone who may be informed of any of its contents.
You should independently verify any information presented on the Website before relying upon it and take your own advice. If you find any inaccurate information on the Website please contact us and we will correct it, where we agree, as soon as practicable.
- Availability of the Website
Newsmith will not be liable if for any reason the Website is unavailable at any time or for any period, and is not responsible for the availability of access to the Website or to the links from the Website. You are expected to ensure that your hardware and software are capable of effectively accessing the Website via your Internet Service Provider. You are responsible for ensuring appropriate anti-malware / anti-virus software is installed on your computer before and during access to the Website.
Newsmith takes reasonable steps to try to ensure that the Website is available and accessible at all times. However, Newsmith does not warrant that the Website will be continuously available at all times, that your use of the Website will be uninterrupted or free from errors, or that the Website or the servers will be or remain free from attack. Access to the Website is permitted on a temporary basis and Newsmith reserves the right to withdraw, suspend or amend the service provided on the Website without notice. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance, repair, or due to reasons beyond the control of Newsmith.
From time to time, Newsmith may restrict access to some parts of the Website, or the entire Website, to users who have registered with us. If you choose, or 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. Newsmith have the right to disable any user identification code or password, whether chosen by you or allocated by Newsmith, at any time, if in our opinion you have failed to comply with any provisions of these Terms.
- Intellectual Property
Newsmith is the owner or licensee of all intellectual property rights in the Website and in the material published on it. The content of all the pages of the Website is protected by copyright and possibly other rights. Unless otherwise agreed in writing by Newsmith, the copyright and other intellectual property rights in the Website (including, without limitation, all content, materials and technology used or appearing on the Website) belongs to us or our licensors. All rights are reserved.
You may print or download extracts, or whole pages, from the Website, as permitted by the fair dealing provisions under Sections 28 to 30 of the Copyright, Designs and Patents Act 1988 (as amended), for your personal use only and only if you do not make any alterations to such extracts or pages and if you retain any copyright or other notice in or on all such printouts or downloads. All other use of the Website, except as expressly permitted in writing by Newsmith or by law, is prohibited.
You must not modify the paper or digital copies of any materials you have downloaded or printed off in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Newsmith’s status (and that of any identified contributors) as the authors of material on the Website must always be acknowledged and you must ensure that any copyright or other notice in or on all such printouts or downloads is retained. All other use of the Website, except as expressly permitted in writing by Newsmith or by law, is prohibited.
Nothing in/on the Website should be taken as conferring any licence or right to use any trademark or other intellectual property in/on the Website without written consent from Newsmith or the owner of the trademark or other intellectual property. You may not reproduce or copy any part of, or all of, the content of the Website in any form for any commercial purpose without the prior written consent of Newsmith. A licence for commercial distribution or copying may be obtained on request. In the absence of agreement to the contrary, the licence fee for each full or part page and each image starts at £500 plus VAT.
If you print off, copy or download any part of the Website in breach of the Terms, your right to use the Website will cease immediately and you must, at Newsmith’s option, return or destroy any copied of the materials you have made.
- Our Liability
Although Newsmith hopes that the Website will be useful and of interest to you and other users, Newsmith accepts no liability and offers no warranties, conditions or guarantees in relation to the Website and its content. To the fullest extent permitted by law, Newsmith and any third parties connected to us hereby expressly excludes all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
In no event shall Newsmith be liable for any direct, indirect or consequential loss or damage incurred by any user in connection with the Website or in connection with the use, inability to use the use of the Website, any website linked to it and any materials or information posted on it including, without limitation, loss of profit, loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, loss of wasted management or office time whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the above categories.
Nothing in the Terms shall exclude our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or misrepresentation as to a fundamental matter, or for any other liability that cannot be excluded or limited under the applicable law. If you access or use the Website as a consumer (as defined by law) then please note that nothing in the Terms shall affect your statutory rights.
- Viruses, hacking and other offences
You must not misuse the Website by knowingly introducing viruses, Trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of-service attack or any other form of cyber-attack. You agree to indemnify us in full for any loss or damage suffered and costs incurred (including legal costs) as result of your breach of this Section 8.
By breaching this section 8, you would be committing a criminal offence and we will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity and details of the breach to them. In the event of such a breach, your right to use the Website will cease immediately.
Whilst Newsmith endeavours to keep the Website secure and free from viruses and cyber-attacks, 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 proprietary material due to your use or prior use of the Website, or due to you downloading any material from it or on any website linked to it. We recommend you use appropriate anti-virus and anti-malware software before and during access to the Website.
- Linking to and from the Website
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. You must not establish a link from any website that is not owned by you.
The Website must not be framed on any other website, nor may you create a link to any part of the Website other than the home page. Newsmith reserves the right to withdraw linking permission without notice.
The Website may contain links to a third party’s website and resources provided by third parties. These links and resources are provided for your information only. Newsmith has no control over and shall not be responsible for the content, or for any loss or damage that may arise from your use, of such resources or third party websites or for the availability of access to such websites. If you consider that any third party website linked to or from the Website provides inappropriate content, please let us know.
- Law and Jurisdiction
The law of England and Wales shall apply to the Terms notwithstanding the jurisdiction where you are based. You irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with the Terms and, for those purposes, you irrevocably submit to such jurisdiction. The place of performance shall be England.
Newsmith makes no warranty or guarantee that the Website or information available on it complies with laws other than those of England and Wales.
Please note that all proposals and/or orders for the supply of goods and/or services by Newsmith are subject to its standard Conditions of Sale, which are available on request.
Failure by Newsmith to enforce a right does not result in waiver of such right. You may not assign or transfer your rights under the Terms.
If any Term is held by any court or other competent authority to be wholly or partially illegal, invalid, unreasonable, void and/or unenforceable it shall, to the extent of such illegality, invalidity, unreasonableness, voidness and/or unenforceability, be deemed severable and the remaining Terms, or the remainder of such Term, shall continue in full force and effect.