Terms and conditions

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LEGAL NOTICE

Please read these Terms and Conditions of Use carefully before you start to use our website www.linkxarfn.com (referred to as the Website).

Office address

167-169 Great Portland Street, Fifth Floor, London W1W 5PF, United Kingdom

Terms and Conditions of Use

Your use of the website is subject to the following Terms and Conditions, together with our Privacy Policy and Cookies Policy. On these Terms and Conditions you may make use of our website www.linkxarfn.com (referred to as the Website), whether as a guest or a registered user. By continuing to access or use the Website you are confirming that you accept these Terms and Conditions. If you do not, please cease all use of the Website immediately.

Changes to these Terms and Conditions of Use

We may revise these Terms and Conditions of Use at any time by amending this page. Please check this page periodically to take notice of any changes made, as they are binding on you.

Changes to the Website

We may update the Website and change the content at any time and without notice. However, please note that any of the content on the Website may be out of date at any given time, and we are under no obligation to update it.

We do not guarantee that the Website, or any content on it, will be free from errors or omissions.

Accessing the Website

We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted. Access to the Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Website without notice. We will not be liable to you if, for any reason, the Website is unavailable at any time or for any period.

From time to time, we may restrict access to some parts or all of the Website to registered users.

You are responsible for making all arrangements necessary for you to have access to the Website.

You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms and Conditions of Use, along with the Privacy Policy and Cookies Policy and other applicable terms and conditions, and that they comply with them.

Your account and password

If you choose, or you 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. You must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms and Conditions of Use.

If you know or suspect that anyone other than you know your user identification code or password, you must promptly notify us at website@linkxarfn.com.

No reliance on information posted

All material posted on the Website is intended for general information purposes only and does not represent legal, financial, taxation or any other form of advice on which reliance should be placed. Users are hereby placed under notice that they should take appropriate steps to verify such information. No user should act or refrain from acting on the information contained in the Website without first verifying the information and as necessary obtaining legal and/or professional advice.

Although we make reasonable efforts to update the information on the Website, we make no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or up-to-date.

Limitation of our liability

Nothing in these Terms and Conditions of Use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

The Website and the content available on or accessed through the Website are provided on an “as is” basis and without any warranty, representation or other terms as to their completeness or accuracy.

To the fullest extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website or any content available on or accessed through it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the use of, or inability to use, the Website, or any use of or reliance (whether by you or any person informed by you) on any content displayed on or available through the Website.

We will not be liable for any loss of profits, sales, business, or revenue, nor for business interruption, loss of anticipated savings, loss of business opportunity, goodwill or reputation, nor for any indirect or consequential loss or damage.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any content from it, or on any website accessed via links to or from it.

We assume no responsibility for the content of websites linked on the Website. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

No director, employee or consultant of Linkxar shall have any personal liability in respect of the Website.

A person who is neither us, nor a user of the Website in accordance with these Terms and Conditions of Use, may not enforce any of these Terms and Conditions. Nothing in these Terms and Conditions, our Privacy Policy, our Cookies Policy nor Disclaimer (referred to above) creates any partnership, joint venture or agency relationship between you and us.

If any provision of these Terms and Conditions of Use, Privacy Policy, Cookies Policy or Disclaimer is or becomes illegal, invalid or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms and Conditions of Use, Privacy Policy, Cookies Policy or Disclaimer (as relevant).

Viruses, hacking and other offences

We do not guarantee that the Website will be secure or free from bugs or viruses.

The user agrees that material downloaded or otherwise accessed through the use of the Website is obtained entirely at the user’s own risk and that the user will be entirely responsible for any resulting damage to software or computer systems and/or any resulting loss of data, even if such loss and damage was reasonably foreseeable and Linkxar had been advised of the possibility of the same.

You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which 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, a distributed denial-of service attack or any other technical attack.

By breaching the provisions of the paragraph above, you will commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.

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 other proprietary material due to your use of the Website or to your downloading of any material posted on them, or on any website linked to them.

Linking to 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. 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 to the Website in 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.

We reserve the right to withdraw linking permission without notice.

Intellectual property rights

We are the owner or the licensee of all intellectual property rights in the Website. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy and download extracts of any page(s) from the Website for your personal use and you may draw the attention of others within your organisation to content posted on the Website.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on the Website must always be acknowledged on any materials printed, copied or downloaded from the Website.

You must not use any part of the content on the Website for any commercial purposes without obtaining a specific licence to do so from us or our licensors.

If you print off, copy or download any part of the Website in breach of these Terms and Conditions of Use, your right to use the Website will cease immediately and you must return (or, if we request, destroy) any copies of the materials you have made.

Uploading material to the Website

Whenever you make use of a feature that allows you to upload material to the Website, or to make contact with other users of the Website, you must comply with the content standards set out in our Acceptable Use Policy. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.

Any material you upload to the Website will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the Website constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Website.

We have the right to remove any material or posting you make on the Website if, in our opinion, such material does not comply with the content standards set out in our Acceptable Use Policy.

Acceptable Use Policy

This Acceptable Use Policy sets out the terms between you and Linkxar under which you may access our website www.linkxarfn.com (referred to as the Website). This Acceptable Use Policy applies to all users of, and visitors to, the Website.

Your use of the Website means that you accept, and agree to abide by, all the policies in this Acceptable Use Policy, which supplement our Terms and Conditions of Use.

Prohibited uses

You may use the Website only for lawful purposes. You may not use the Website:

– in any way that breaches any applicable local, national or international law or regulation
– in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect
– for the purpose of harming or attempting to harm minors in any way
– to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards
– to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
– to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

– not to reproduce, duplicate, copy or re-sell any part of the Website in contravention of the provisions of our Terms and Conditions of Use, or
– not to access without authority, interfere with, damage or disrupt any part of the Website, any equipment or network on which the Website is stored any software used in the provision of the Website, or any equipment or network or software owned or used by any third party.

Interactive services

We may from time to time provide interactive services on the Website, including, without limitation:

– comment spaces and forums
– public profiles
– blogs, and
– any other forms of user-generated content.

We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on the Website, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on the Website, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

Content standards

These content standards apply to any and all material which you contribute to the Website (contributions), and to any interactive services associated with them. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.

Contributions must:

– be accurate (where they state facts)
– be genuinely held (where they state opinions)
– comply with applicable law in the UK and in any country from which they are posted.

Contributions must not:

– contain any material which is defamatory of any person
– contain any material which is obscene, offensive, hateful or inflammatory
– promote sexually explicit material
– promote violence
– promote discrimination based on race, sex, religion or belief, nationality, disability, sexual orientation, gender reassignment or age
– infringe any copyright, database right or trade mark of any other person
– be likely to deceive any person
– be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence
– promote any illegal activity
– be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety
– be likely to harass, upset, embarrass, alarm or annoy any other person
– be used to impersonate any person, or to misrepresent your identity or affiliation with any person
– give the impression that they emanate from us, if this is not the case, or
– advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

Suspension and termination

We will determine, in our discretion, whether there has been a breach of this Acceptable Use Policy through your use of the Website. When a breach of this policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this Acceptable Use Policy constitutes a material breach of the Terms and Conditions of Use upon which you are permitted to use the Website, and may result in our taking all or any of the following actions:

– immediate, temporary or permanent withdrawal of your right to use the Website;
– immediate, temporary or permanent removal of any posting or material uploaded by you to the Website;
– issue of a warning to you;
– legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
– further legal action against you, or
– disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of this Acceptable Use Policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

Changes to the Acceptable Use Policy

We may revise this Acceptable Use Policy at any time by amending this page. Please check this page periodically to take notice of any changes made, as they are binding on you.

Applicable law

These Terms and Conditions of Use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

Contact us

If you have any questions regarding the Terms and conditions of Use or Acceptable Use Policy, please contact us at website@linkxarfn.com.

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