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1. The Site
This site ("the site") is owned by Smiths of 16 Broad Street, Newent,
Gloucestershire, GL18 1AJ (referred to in these conditions as "we" and
"us"). The terms, covenants, conditions and provisions below (the
`Terms and Conditions') constitute an agreement between you, the user,
and us, and sets out the conditions upon which you may access the
information, products, materials and services available through the
Site.
2. Acceptance of Terms and Conditions as binding
By
accessing, viewing, or using the information, products, materials or
services available on or through this Site, you indicate that you
understand and intend these Terms and Conditions to be the legal
equivalent of a signed, written document and equally binding and that
you accept such Terms and Conditions and agree to be legally bound by
them.
3. Changes to the Terms and Conditions
We
reserve the right to change any of the Terms and Conditions (whether
contained in these Terms and Conditions or in any other Terms and
Conditions contained on any of the pages of the Site) at any time.
It is your responsibility to visit the Terms and Conditions of the Site
on a regular basis to ascertain whether any amendments to these Terms
and Conditions or to any of the other Terms and Conditions on areas of
the Site have been made. If you do not agree to such an amendment,
you should immediately cease to use the Site.
4. Privacy
Any
information supported by you whether of a personal or business nature,
will be treated as being supplied in confidence. We will collect
and store information supplied for our own use and for purposes
connected with your instructions or enquiries. We may contact you
from time to time in connection with our services.
We
will not (except for exceptional circumstances, such as if it were to
become illegal for us to refuse to make disclosure) disclose the
information to third parties without your permission.
5. Copying
You
may view the site and you are welcome to print hard copies of material
on it for your personal, non-commercial use. All other copying
whether in electronic, hard copy or other format is prohibited and all
other rights reserved.
6. Disclaimer of Liability
We
give no warranties in respect of the Site. Without limiting the
generality of the foregoing we do not warrant the Site or any software
available on or downloaded from it will be free from viruses or defects,
nor do we warrant that any material or information contained on this
Site will be true, accurate or complete. Except to the extent
otherwise provided in these terms and conditions any warranties which
would otherwise be implied by law as to quality, fitness for purpose or
as to skill and care are hereby excluded. Neither we nor our
partners and employees will be liable to you, whether for negligence,
breach of contract, misrepresentation or otherwise, for any direct,
indirect or consequential damage (including, without limitation, loss of
profit, goodwill, business opportunity or anticipated savings), suffered
by you as a result of your use of the Site or any information,
materials, software or services provided on or through it or downloaded
from it, or your inability to use the Site, or any error in the
provision of the Site or any computer virus transmitted through the
Site. Nothing in these terms and conditions or in any other terms
and conditions governing your use of the Site shall operate to exclude
or restrict our liability for: death or personal injury resulting from
our, or our employees' negligence; or breach of our obligations arising
from section 12 of the Sale of Goods Act 1979; or from fraud.
7. Your Responsibility
Save in relation to any information or software at any site linked to
the Site, we have exercised reasonable care in compiling all information
provided at this Site and to ensure that all software provided for
downloading on the Site is free from any defects and viruses. It
is your responsibility, however, always to verify any information that
you may obtain on the site with independent authorities before acting on
it.
8. Other Terms and Conditions
There are other Terms and Conditions applying to particular areas of the
Site which relate to your use of such areas, all of which will, together
with these Terms and Conditions, govern your use of the Site and of its
associated information, products, materials and services.
9. Law and Jurisdiction
Terms and Conditions and any matter relating to the Site shall be
governed by and construed in accordance with the laws of England and
Wales and any disputes arising shall be subject to the exclusive
jurisdiction of the English Courts.
10. Copyright
The
content of the Site (excluding proprietary intellectual property,
material trademarks and copyright relating to internet catalogues and
catalogue production) remains the property of Smiths and is thus
copyrighted with all rights reserved. Replication, publication
and/or distribution of any or all of the contents of the Site are
prohibited. You may save, download or print our individual
selections for your own personal information. Exploitation of the
Site for commercial gain or advantage is strictly forbidden.
End of notice.
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