1. THESE TERMS
- 1.1. These terms (the Terms) form a binding legal agreement between you and Play Services Ireland Ltd, a company incorporated in Northern Ireland with company number: NI601797 and with registered office at 724 Lisburn Enterprise Centre 6 Enterprise Crescent, Ballinderry Road, Lisburn, Northern Ireland, BT28 2BP (we, us, our). The Terms explain how you may use our website, which is currently available at www.smallworldinspections.com (Our Site).
- 1.2. When these Terms refer to you, we’re referring to the person or entity who visits Our Site.
2. ACCEPTING THESE TERMS
- 2.1. By using Our Site, you confirm that you accept these terms and that you agree tocomply with them. If you do not agree to these terms, you must not use Our Site.
- 2.2. We amend these Terms from time to time. Every time you wish to use our Site, please check these Terms to ensure you understand the terms that apply at that time We recommend that you print a copy of these terms for future reference.
3. WE MAY SUSPEND OR WITHDRAW OUR SITE
- 3.1. Our Site is made available free of charge.
- 3.2. We do not guarantee that Our Site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of Our Site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
4. YOUR USE OF OUR SITE
4.1. You agree that you won’t at any point:
- 4.1.1. use Our Site for any purposes which are or could be deemed to be threatening, aggressive or to facilitate any illegal acts;
- 4.1.2. use Our Site for any unlawful purpose, including (but not limited to) to breach the rights of anyone else;
- 4.1.3. access or copy (or attempt to access or copy) any part of Our Site by any means other than through the interface provided by us;
- 4.1.4. access (or attempt to access) any part of Our Site through any automated means, including without limitation use of scripts, robots, spiders, scrapers or web crawlers, for any purpose;
- 4.1.5. take any action that imposes, or may impose (in each case in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
- 4.1.6. copy, duplicate, reproduce, rent, lease, loan, sell, trade, resell, modify, create derivative works, distribute or publicly display any part or component of Our Site without prior written consent from us and any third party determined by us as appropriate;
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- 4.1.7. interfere or attempt to interfere with the proper working of Our Site or any activities conducted via Our Site;
- 4.1.8. bypass any measures we may use to prevent or restrict access to Our Site;
- 4.1.9. attempt to reverse engineer, decompile or otherwise seek to obtain access to any source code, algorithm or other intellectual property right in Our Site; and/or
- 4.1.10. engageinanyactivitythatinterfereswithordisruptsOurSiteortheservers and networks which are connected to Our Site.
- 4.2. You acknowledge and agree that we may monitor your use of Our Site. Where, in our sole opinion, we suspect misuse by you of Our Site has occurred, we reserve all our rights to terminate the provision of Our Site to you.
- 4.3. Whilst we try to maintain the high standard and continuity of supply of Our Site, you accept and acknowledge that the internet is not an inherently stable medium, and errors, omissions, interruptions of service and delays may occur at any time. We do not accept any liability arising from any such errors, omissions, interruptions or delays or any ongoing obligation or responsibility to operate Our Site (or any particular part of it) or to provide the service offered on Our Site, or for any third party application forming part of, working alongside or accessed via Our Site.
5. USER CONTENT
- 5.1. As part of your use of Our Site, you may upload information from time to time. In respect of any such content uploaded, published or shared by you on to or using Our Site, you acknowledge and agree that you are solely responsible for any content uploaded, published and/or shared by you on to or using Our Site and you shall ensure that:5.1.1.all such information is true, accurate, up-to-date and not misleading or likely to mislead or deceive and that it is not discriminatory, obscene, offensive, defamatory, derogatory or otherwise illegal, unlawful or in breach of any applicable legislation, regulations, guidelines or codes of practice or the copyright, trademark or other intellectual property rights of any person in any jurisdiction;
5.1.2.all such information, data and files are free of viruses or other routines or engines that may damage or interfere with any system or data prior to being submitted to Our Site.
- 5.2. By adding, uploading, sharing and/or otherwise publishing any content on to or using Our Site you warrant to us that:
- 5.2.1. any such content complies with the restrictions set out in clause 5.1 above; and
- 5.2.2. you have the lawful right to upload, reproduce and distribute such information.
6. DO NOT RELY ON INFORMATION ON OUR SITE
6.1. The content on Our Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site.
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6.2. Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up to date.
7. THIRD PARTY CONTENT
- 7.1. Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.
- 7.2. Our Site may include information and materials uploaded by other users of Our Site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on Our Site do not represent our views or values.
8. INTELLECTUAL PROPERTY
- 8.1. We or our licensors, own all legal rights, title and interest in and to Our Site, this includes any intellectual property rights which subsist in Our Site (whether those rights happen to be registered or not, and wherever in the world those right may exist) including source code therein, database rights, design rights, any copyright which may exist in any text and images, report layouts and the format of any documents provided by us or our licensors and any branding and trademarks which may appear as part of Our Site (SWI IP).
- 8.2. You acknowledge that all SWI IP belongs to and shall remain vested in us (or where relevant our licensors) and that nothing in these Terms shall confer on you any right, title or interest in any intellectual property rights (except the rights of use set out expressly provided for in these Terms).
- 8.3. Nothing in the Terms gives you a right to use any of our or our licensors’ trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including without limitation copyright and trade mark notices) which may be affixed to or contained within Our Site.
9. DATA PROTECTION
- 9.1. Both you and we agree to comply with your and our respective obligations under all applicable data legislation (including the Data Protection Act 2018 and, for the duration of its application, the General Data Protection Regulation 2016/679) in relation to any provision by you to us or to Our Site of any personal data (as such term is defined in the Data Protection Act 2018).
- 9.2. You acknowledge and agree that you have read and understood our privacy notice, which sets out how we process personal data as a controller. A copy of our privacy notice is accessible at the bottom of Our Site.
10. EXCLUSIONS AND LIMITATIONS
- 10.1. This section is also important – it explains how and why we exclude liability for your use of Our Site.
- 10.2. To be clear about what this exclusion of liability means in detail:
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- 10.2.1. first off, nothing in these Terms, including without limitation this clause 10, shall exclude or limit any warranty or liability which applicable law says may not be excluded or limited, including without limitation liability for fraud, or for death or personal injury caused by our negligence;
- 10.2.2. next, there are no conditions, warranties, representations or other terms, express, statutory or implied, (including without limitation statutory warranties and conditions of user enjoyment, merchantability, fitness for a particular purpose and non-infringement) that are binding on us except any which we’ve specifically stated in these Terms. Any condition, warranty, representation or other term concerning the supply of Our Site which might otherwise be implied into or incorporated in these Terms, or any collateral contract, whether by statute, common law or otherwise, is hereby excluded to the fullest extent permitted by law;
- 10.2.3. you expressly understand and so agree that your use of Our Site is at your sole risk and that Our Site is provided on an “as is” basis;
- 10.2.4. in particular, we, our subsidiaries and affiliates, and our licensors, do not represent or warrant to you that:10.2.4.1.your use of Our Site (including without limitation its use in conjunction with any other software) will meet your requirements, that your use of Our Site will be uninterrupted, timely, secure or free from error or that defects in the operation or functionality of Our Site provided to you will be corrected;
10.2.4.2.any information obtained by you as a result of your use of Our Site will be accurate or reliable;
10.2.4.3.that Our Site will be accessible at any particular time;
10.2.4.4.that defects in the operation or functionality of Our Site will be corrected, rectified, or remedied;
10.2.5.you expressly understand and agree that we and our licensors shall not be liable to you for:
10.2.5.1.any direct, indirect, special, incidental or consequential loss or damage which may arise in respect of Our Site and/or its use by you or non-availability;
10.2.5.2.any, direct, indirect, special, incidental or consequential loss or damage which may arise as a result of our breach of these Terms;
10.2.5.3.any act or omission of any third party, including without limitation our third party contractors;
10.2.5.4.loss or corruption of data or information. Our Site is not a back-up service: you should always maintain a separate copy of key information you use or access on Our Site;
10.2.5.5.loss of opportunity or loss of contract or other losses which you may incur as a result of use of or reliance upon any content; and
10.2.5.6.any effect which use of Our Site may have on any software you use.
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- 10.3. Finally, you agree and acknowledge that you are in a better position than us to foresee and evaluate any potential damage or loss which you may suffer in connection with the use of Our Site; that we cannot adequately insure our potential liability to you; and that accordingly the exclusions and limitations contained in this clause 10 are reasonable.
- 10.4. If any part or provision of this clause 10 is found to be unlawful or unenforceable, this shall not affect the validity of any other part or provision. You also undertake at all times to mitigate any such damage or loss.
11.1. You agree that:
- 11.1.1. you shall not assign, transfer or sub-license any of your rights or obligations under these Terms;
- 11.1.2. in these Terms reference to a clause means a clause of these Terms; clause headings are included for convenience only and shall not affect the interpretation of this Agreement; use of the singular includes the plural and vice versa; any reference to a statute shall be construed as referring to such legislation as amended and in force from time to time; any phrase introduced by the term including, include, or any similar expression shall be construed as illustrative and shall not limit the sense of the words following those terms;
- 11.1.3. failure or neglect by us to enforce any of the provisions of these Terms at any time shall not be construed or deemed to be a waiver of our rights – nor shall this in any way affect the validity of the whole or any part of these Terms, nor prejudice our rights to take subsequent action;
- 11.1.4. if any part of any provision of these Terms shall be or become invalid, unlawful or unenforceable to any extent, then the remainder of such provision and all other provisions of these Terms shall continue to be valid and enforceable to the fullest extent permitted by law; and
- 11.1.5. these Terms represent the entire agreement of you and us in relation to the subject matter of these Terms and supersedes any previous agreement between you and us in relation to Our Site.
12. LAW AND JURISDICTION
12.1. These Terms shall be construed in accordance with Northern Irish law and the parties hereby submit to the exclusive jurisdiction of the Northern Irish courts.