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Terms of Use for the Trevor Baylis Brands Services

These are the terms and conditions (Terms) under which Trevor Baylis Brands plc (TBB or We) makes available services and their supporting software and information (the Services) via its web site at www.trevorbaylisbrands.com (the Site) to users as individuals or corporate bodies (You).

By accessing and using the Services provided on the Site You are agreeing to the following Terms. If You are unable or unwilling to agree with these Terms then do not use the Services provided by TBB.

1. You may use the Services provided on this web site only for your individual use. They may not be resold or used for commercial purposes without the express written agreement of TBB

2. You may not copy, translate, modify, create derivative works of, or otherwise use the Services or any part thereof, or remove from the Services, or alter, any of the trademarks, trade names, logos, patent or copyright notices or other proprietary notices or markings. You may not use the Services to attempt to obtain unauthorized access to TBB’s servers or databases or use the Services for any purpose that is against the law or likely to cause offence or damage the reputation of TBB.  TBB does not grant to You any express or implied right to use the software or information supporting the Services for any purpose other than for access to the Services provided by TBB.

3. TBB reserves title and all right and interests in and to the Services including without limitation all patent rights, copyrights, trademarks, trade names, trade secrets and other intellectual property and proprietary rights.  There are no implied licenses other than the right to use the Services for the purpose for which they are provided, and all rights not expressly granted are reserved by TBB. No rights in any Intellectual Property or information or services owned or provided by third parties are conferred by the use of the Services.

4. The Services by design perform a variety of communications over the Internet as part of their normal operation.  By using the Software, You consent to such communications and agree that TBB will not be responsible for any consequential loss or damage incurred by you as a result of the loss of any information whilst using the Services howsoever arising even if TBB has been advised of the possibility of any such consequential loss or damage.

5. TBB makes no commitment to You about the performance, availability, or proper operation of its Services, and may immediately discontinue its provision or operation of such Services to You at any time without notice and without compensation.  TBB will take reasonable precautions to keep secure and confidential any information supplied by you but failures of the systems on which the Services are based and over which TBB has no control may result in the corruption or total loss of such data. You are therefore advised to keep copies of any important information that you use in conjunction with the Services.

6. You understand that TBB may modify repair or update the Services at any time, but is under no obligation to inform You of any such modifications nor is TBB responsible for any consequences arising out of such modifications including loss of data or loss of access to the Services.   Any modifications or extensions to the Services will be deemed to be subject to these Terms unless TBB indicates otherwise and TBB reserves the right to make charges or place restrictions on the use of any additional Services and notify you of such charges or restrictions as a condition of your continued use of the additional Services.

7. The Services are provided to you “as is”.  You assume the entire risk as to any results and performance arising out of the use of the Services including any loss of data or inability to use the Services.  TBB disclaims all conditions, representations and warranties, whether express, implied, statutory or otherwise, including without limitation any warranties of merchantability, fitness for a particular purpose, title, accuracy of informational content, and non-infringement of third party rights, and any warranties against interference with your enjoyment of the software.  Without limiting the foregoing, TBB specifically disclaims all representations and warranties that the Services, TBB’s efforts, or any system with which you will use the Services will meet your requirements, fulfil any of your particular purposes or needs, or that the operation of the Services or will be uninterrupted or error free.  You assume the responsibility for the selection of your requirements, Services, and hardware to achieve your intended results.

8. TBB shall not be liable for any incidental, special, consequential, or indirect damages of any kind (including damages for interruption of business, procurement of substitute goods, lost data, lost profits, or the like) arising out of your use or inability to use the Services or the TBB service (or any intellectual property subsisting therein) regardless of the form of action, whether in contract, tort (including negligence), strict product liability, or any other legal or equitable theory, even if TBB has been advised of the possibility of such damages.  In no event will TBB’s aggregate cumulative liability for any claims arising out of your use of the Services, to you or to any third party, exceed the value of any fees paid by you to TBB.  The existence of multiple claims will not serve to enlarge this limitation.

9. These Terms will apply upon first use of the Services and continue indefinitely until terminated by TBB. TBB may terminate the use of these Services by You and without prior notice take appropriate technical measures to effect such termination if You fail to comply with these Terms or TBB deems in its sole discretion that Your use of the TBB Service is abusive, or is in violation of TBB’s acceptable use policy or Your use of the Software gives rise to any legal action against TBB or its officers, directors, employees or agents.  Any termination by TBB will be exercised without limiting any other rights or remedies of TBB.

10. Nothing contained herein will be construed to create any agency, employment, partnership, or other form of joint enterprise between the parties.  The waiver of a breach of any term hereof will in no way be construed as a waiver of any other term or breach hereof.
 
11. All disputes arising out of your use of these Services will be subject to the exclusive jurisdiction of the courts located in the United Kingdom, and the parties irrevocably consent to the personal and exclusive jurisdiction and venue of these courts.