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Website Terms of Use

Definitions

www.mimiv.co.uk and all other URLs which direct to www.mimiv.co.uk ('Website') are owned and operated by MIMIV Limited. The terms MIMIV, 'we', 'us', 'our' and 'ours' when used in these Terms of Use means MIMIV which includes all its parents, subsidiaries, divisions, branches, affiliates or companies under common ownership or control of MIMIV Limited. The terms 'you', 'your' and 'yours' when used in these Terms of Use means any user of this Website.

Legally Binding Agreement

Access to and use of the Website and the information, materials, products and services available through the Website are subject to all applicable laws and regulations and to these Terms of Use. By accessing the Website, or by registering to receive information you agree to these Terms of Use which form a legally binding agreement. If you do not agree, please do not use the Website. These Terms of Use may be changed by us from time to time without specific notice to you. The latest Terms of Use will be posted on the Website, and you should always review these Terms of Use prior to using the Website to ensure that you have a current understanding of the Terms of Use under which you are permitted to access the Website. If you cannot access the Terms of Use via the Internet, we can provide a copy of the most recent Terms of Use by e-mail upon request.

ACCESS TO THE WEBSITE (OR PORTIONS THEREOF) AND THE USE OF INFORMATION, MATERIALS, PRODUCTS OR SERVICES PROVIDED THROUGH THE WEBSITE (OR PORTIONS THEREOF), IS NOT INTENDED, AND IS PROHIBITED, WHERE SUCH ACCESS OR USE VIOLATES APPLICABLE LAWS OR REGULATIONS.

Product & Services Information

All references on the Website to information, materials, products and services apply to information, materials, products and services available in the countries or jurisdictions specified with respect to such information only, unless otherwise stated. Nothing in the Website constitutes an offer to buy or sell our products or services in any jurisdiction. This Website is for information purposes only.

Ownership

Unless otherwise indicated, the Website and its design, text, content, selection and arrangement of elements, organisation, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Website are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights and are the property of MIMIV or the material is included with the permission of the rights owner and is protected pursuant to copyright and trademark laws. ALL RIGHTS RESERVED.

The posting of any such elements on the Website does not constitute a waiver of any right in such elements. You do not acquire ownership rights to any such elements viewed through the Website. Except as otherwise provided herein, none of these elements may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.

Permission is hereby granted to the extent necessary to lawfully access and use the Website and/or information, materials, products and/or services available on it, to display, download, archive and print in hard copy, portions of the Website for personal use only, provided you do not modify the materials and that you retain any and all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these Terms of Use. Upon termination, you must immediately destroy any downloaded, archived or printed materials.

Trademarks

The MIMIV logo, all product names, all page headers, all custom graphics, all button icons, all trademarks, service marks and logos appearing on the Website, unless otherwise noted, are service marks, trademarks and/or trade dress of MIMIV (the "Marks"). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated on the Website are the property of their respective owners. You agree not to display or use the Marks in any manner without our prior written permission. You agree not to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners without the prior written permission of such owners. The use or misuse of the Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.

Links Disclaimer

This Website may contain links and/or advertisements to other websites maintained by MIMIV in addition to links to websites maintained by unrelated companies and persons. An advertisement of, or link to, a non-MIMIV website does not mean that MIMIV approves, endorses or accepts any responsibility for that website, its content or use, or the use of products and services made available through such website.

We are not responsible for the actions, content, accuracy, opinions expressed, privacy policies, products or services provided through these links or made available through these resources or appearing in such websites, nor for any damages or losses, directly or indirectly, caused or alleged to have been caused as a result of your use or reliance on such websites.

Such websites are not investigated, monitored or checked for accuracy, completeness or conformance with applicable laws and regulations by us. We do not make any representations whatsoever, or give any warranties of any kind, expressed, implied, or otherwise about other websites which you may access through this website, the content thereof, or the products and/or services made available through such websites. If you decide to leave our Website and access these other websites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of such websites will apply to you while visiting such websites.

Where you access this Website via a link from another website, it is the website provider and not MIMIV who are solely responsible for the content, accuracy, opinions expressed, privacy policies, products or services of, or available through, the source website and for any representations made or impressions created concerning MIMIV.

Authorisation by us to link to this Website is given without assumption of any liability by us relating to such links, and we hereby disclaim any such liability. We reserve the right to withdraw any authorisation to link to this Website at any time and for any reason.

Anyone providing access to, or information relating to this Website, whether by link or otherwise, is responsible for bringing these Terms of Use to the attention of the person receiving such access or information. Any failure to do so will not result in liability for us.

Minors

This Website is a commercial site, and as such, it is not intended for users under the age of 18.

Data Protection Consent

By agreeing to these Terms of Use, you agree to the terms of our Privacy Policy. Any communication or material you post or transmit to us over the Internet is, and will be treated as non-confidential and non-proprietary. Upon the transmission of any personal information to us, you expressly grant permission to us to disseminate to third parties or otherwise and/or use such information for any lawful purpose.

Posting or transmittal of any unlawful, threatening, libellous, defamatory, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence or violation of any law is strictly prohibited.

We reserve the right to monitor your communications with us whether by mail, voice, fax, e-mail or any other form of transmission for the purposes of quality control, security and other business needs.

Notwithstanding the foregoing, all personal data provided to us as a result of this Website will be handled in accordance with our Privacy Policy.

No Warranties

WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS WEBSITE OR ITS CONTENTS (INCLUDING EMAIL UPDATES), WHICH ARE PROVIDED FOR USE "AS IS." WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS WEBSITE OR ANY WEBSITE OR VIA EMAIL UPDATES, WITH WHICH IT IS LINKED. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THIS WEBSITE, OR ANY WEBSITE WITH WHICH IT IS LINKED, OR VIA EMAIL UPDATES IS TIMELY, ACCURATE, COMPLETE, OR CURRENT. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.

It is your responsibility to evaluate (or take professional advice on) the accuracy and completeness of all information, statements, opinions and other material on this Website or on any email received from us or via this Website, or any Website with which such material is linked.

Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.

Exclusion of Liability

To the fullest extent permitted by applicable laws we, on behalf of our employees, agents, suppliers, and contractors exclude liability for any losses and expenses of whatever nature and howsoever arising including, without limitation, any direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if we have been advised of the possibility of such damages or losses, arising out of or in connection with the use of this Website or any Website with which it is linked. You assume total responsibility for establishing such procedures for data back up and virus checking as you consider necessary. Price, availability, and timing of information, materials, products and/or services are subject to change without notice.

Indemnity and Release

You agree to indemnify, release and hold us harmless as well as our officers, directors, agents, representatives and employees from any claim, liability, loss, expense or demand, including legal fees, related to your violation of these Terms of Use or your access or use of this Website or any of the information, materials, products or services available through this Website.

Modification and Discontinuation

We reserve the right at any time and from time to time to modify, edit, delete, suspend or discontinue, temporarily or permanently this Website (or any portion thereof) and/or the information, materials, products and/or services available through this Website (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Website.

Entire Understanding

These Terms of Use contain the entire understanding between you and us with respect to this Website and no representation, statement, inducement oral or written, not contained herein shall bind any party to this agreement. Should any part of these terms for any reason be declared invalid by a court of competent jurisdiction, such determination shall not affect the validity of any remaining portion and such remaining portion shall remain in full force and effect as if the invalid portion of these terms had been eliminated. Our failure to enforce any provision of these Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision.

Law & Jurisdiction

These Terms of Use are made under English law and this Website is operated from England. Access to, or use of, this Website or information, materials, products and/or services on this Website may be prohibited by law in certain countries or jurisdictions. You are responsible for compliance with any applicable laws of the country from which you are accessing this Website. We make no representation that the information contained herein is appropriate or available for use in any location.

You agree that the courts of England shall have exclusive jurisdiction to resolve any controversy or claim of whatever nature arising out of or relating to use of this Website, and that the laws of England shall govern such dispute or claim. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of this agreement is taking place or originating.

Contacting us

If you have any questions regarding these Terms of Use or any other matter, you may contact us by writing to us at MIMIV Limited., 6 Elm Grove, Hartlepool, TS26 8LZ, United Kingdom or e-mail us at bill.taylor@mimiv.co.uk