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Version 1: March 2012
Printable Version

Website Terms of Use

www.fargro.co.uk ("Our Site") is a site owned by Fargro Limited ("Fargro"). This page, together with the documents referred to in it, tells you the terms on which you may make use of Our Site, whether as a guest, customer or a registered user. Please read these terms of use (the "Terms") carefully before you start to use Our Site. By using Our Site, you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms, please refrain from using Our Site.

1.

Definitions and Interpretation

1.1 In these Terms, the following terms shall have the meanings assigned to them:
"Content": all documents, materials, text, images, photos, audio, video and all forms of data, media or communication in Our Site;
"Service": any service which we may provide through Our Site;
"Third Party Content": all content that is made available on Our Site by parties other than us;
"Third Party Site": any internet web site not controlled by us;
"User": anyone who accesses, browses or in any way uses Our Site;
"you": you, as a User of Our Site, whether registered or not, and "your" shall be construed accordingly;
"Your Account": any account relating to Our Site which is created by you for your use in accordance with these Terms; and
"we" or "us": Fargro Limited and "our" shall be construed accordingly.
 

2.

Accessing Our Site

2.1 Access to Our Site is permitted on a temporary basis and we reserve the right to:
2.1.1withdraw or amend any Service we provide on Our Site without notice; and
2.1.2restrict access to some or all of Our Site, and we will not be liable if for any reason Our Site is unavailable at any time or for any period.
2.2If 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, and 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.
2.3You are responsible for making all arrangements necessary for you to have access to Our Site. You are also responsible for ensuring that all persons who access Our Site through your internet connection are aware of and comply with these Terms.
 

3.

Conditions Of Use

3.1You agree to abide by all applicable local, national and international laws and regulations including rules regarding online conduct and acceptable content, and the export of data from the United Kingdom or your country of residence.
3.2You are solely responsible for your conduct and any Content that you submit, post or upload to Our Site. You are also responsible for all acts or omissions that you perform under Your Account. By way of example, and not as a limitation, you agree NOT to:
3.2.1publish, distribute and/or disseminate any harmful, obscene, indecent, unlawful, libelous, profane, defamatory, infringing, inappropriate, hateful, or racially, ethnically or otherwise objectionable material, information or content;
3.2.2use other Users' personal data for purposes other than establishing contact that is reasonably expected to be welcomed by the Users;
3.2.3upload, post or disseminate any Content or use Our Site in any way that infringes any third party or intellectual property rights;
3.2.4transmit, email or post any material that contains in any form software viruses or such programs as including but not limited to, Trojan horses, worms, time bombs, cancel-bots, computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
3.2.5disseminate any unsolicited or unauthorised advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other mass messaging;
3.2.6modify, adapt, reverse engineer, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit Our Site or any Content (other than Your Account), except as expressly authorised by us;
3.2.7use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index Our Site or any Content;
3.2.8take any action that imposes or may, in our sole discretion, impose an unreasonable or disproportionately large load on our technology infrastructure; or
3.2.9remove, circumvent, disable, damage or otherwise interfere with any security-related features of Our Site, any features that prevent or restrict the use or copying of Content, or any features that enforce limitations on the use of Our Site.
3.3We may, but shall have no obligation to, remove or limit your access to any Content and/or Our Site if we determine in our sole discretion that your use of Our Site is unlawful, fraudulent, obscene or otherwise objectionable, or infringes or violates any third party's intellectual property rights or these Terms.
 

4.

Reliance on Information Posted

4.1Content posted on Our Site is not intended to amount to advice on which reliance should be placed. In addition to the limitations contained in these Terms, we disclaim all liability and responsibility arising from any reliance placed on such content by any User, or by anyone who may be informed of any of its contents.
 

5.

Intellectual Property Rights and Copyright

5.1 We are the owner or the licensee of all intellectual property rights in Our Site and its Content. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
5.2 Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights.
5.3 Subject to clauses 5.4 and 5.5 of these Terms, you may not post, modify, distribute, or reproduce in any way any Content or copyright material, trade marks, or other proprietary information belonging to others without obtaining the prior written consent of us or where applicable, the owner of such proprietary rights.
5.4 You may print off one copy and may download extracts of any page(s) from Our Site for your personal use and reference only.
5.5 Our status (and that of any identified contributors) as the authors of the Content must always be acknowledged.
5.6 If you print off, copy or download any part of Our Site in breach of these Terms, your right to use Our Site will cease immediately and you must, at our option, return or destroy any copies of any Content that you have made.
 

6.

Uploading to Our Site

6.1Whenever you make use of a feature that allows you to upload Content to Our Site or to make contact with other Users of Our Site, you warrant that any such contribution complies with these Terms and you agree to indemnify us for any breach of that warranty.
6.2Any material you upload to Our Site 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 Our Site constitutes a violation of any of their rights.
6.3We 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 Our Site.
6.4We have the right to remove your Content if, in our opinion, it does not comply with these Terms.
6.5If you upload any content, information, image or other form of data which is covered by intellectual property rights, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide licence to use any such data.
 

7.

Links to and from Our Site

7.1You may not link to Our Site without our prior, express written consent and if this is given, you must not provide a link which may:
7.1.1damage our reputation or take advantage of it; or
7.1.2suggests any form of association, approval or endorsement on our part.
7.2You must not establish a link from any website that is not owned by you.
7.3 Our Site must not be framed on any other site, nor may you create a link to any part of Our Site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with these Terms.
7.4 We do not screen, verify or endorse any Third Party Content and cannot vouch for its accuracy. Where Our Site contains links to other sites or resources provided by third parties, these links are provided for your information only and you agree that we are not responsible for any loss or damage that may arise from your use of or reliance on it.
7.5 You may not distribute, sell, rent, sub-license, lease or make available any Third Party Content made available through Our Site.
 

8.

Liability

8.1 Subject to clause 8.5 of these Terms, we do not guarantee (and we therefore expressly disclaim) that Our Site will be:
8.1.1 safe, secure, always available and fully functional;
8.1.2 free from error, interruption, suspension, or termination;
8.1.3 that any Service or the server that makes it available are free of viruses or other harmful components; or
8.1.4 that the use of any Service or the Content made available as part of any Service will be correct, accurate, timely, or otherwise reliable, and accordingly your use of Our Site is at your sole risk.
8.2The Content is provided 'as is,' 'with all faults', 'as available', with no warranties whatsoever and we disclaim any and all responsibility or liability for its, content, completeness, legality, reliability, or operability or availability.
8.3Subject to clause 8.5 of these Terms, to the extent permitted by law, under no circumstances will we be liable to you for any damages or losses however incurred, whether based in contract, tort, strict liability, or otherwise, arising out of or in connection with any matter listed in clause 8.1, whether or not we have been advised of the possibility of such damages or loss. Such limitation of liability shall also apply to:
8.3.1damages arising from any use or misuse of and reliance on Our Site or any Content;
8.3.2any inability to use any Service that we may provide through Our Site; or
8.3.3any and all responsibility and liability for the conduct of any other User.
8.4If you are dissatisfied with any Service or any part thereof, your sole and exclusive remedy is to discontinue using any Service and its related website. Subject to clause 8.5 of these Terms, under no circumstances shall we be liable to you for any amount exceeding one hundred pounds (100.00).
8.5Nothing in this clause 8 affects any liability of ours which cannot be excluded or limited under applicable law.
 

9.

Hold Harmless and Indemnity

9.1You agree to hold harmless and indemnify and at our request defend us from and against any claim or demand made by any third party due to or arising out of:
9.1.1your access to, or use of, Our Site;
9.1.2your breach of these Terms; and
9.1.3any infringement by you, or any third party using Your Account, of any intellectual property rights or other rights of any person or entity.
9.2We reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us and you agree to cooperate with our defence of any such claim. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
 

10.

Termination of Your Account

10.1These Terms, together with any additional terms which we may invoke from time to time, will apply to your use of Our Site and at any time, you or we can terminate Your Account for any reason.
10.2Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any termination of your registration or membership.
10.3We may also, in our sole discretion and at any time, discontinue temporarily or permanently providing access to Our Site or any Service, with or without notice. You agree that any termination or suspension of access to Our Site may be effected without notice, and you acknowledge and agree that we may immediately deactivate or delete Your Account and all related information and files in Your Account and/or bar any further access to such files or any Service.
10.4Where possible, we will use reasonable efforts to give you and any User, fair notice of termination or suspension of their access to any Service. Further you agree that we shall not be liable to you or any third party for any termination or suspension of access to any Service or modification of any Service.
10.5In the event of any termination, whether by you or us, clauses 5, 8, 10 and 14 of these Terms will continue in full force and effect.
 

11.

Privacy & Personal Information

11.1The use of personal information is governed by our Privacy Policy.
11.2Information collected in connection with your use of Our Site or any Service may be processed and stored in the United Kingdom, or other countries where we maintain facilities. If you live outside the United Kingdom and use Our Site or any Service, you expressly consent to the transfer to the United Kingdom of the personal information you provide to us, or such other countries as we may disclose from time to time. Additionally, you agree that we may use your User name to authenticate you on any Service provided by us.
 

12.

Changes to these Terms

12.1These Terms may be modified by us at any time. When changes are made, we will notify you by making the revised version available on Our Site. You should revisit these Terms on a regular basis as revised versions will be binding on you. Any such modification will be effective upon their posting.
12.2Your continued use of Our Site after any posted modification to these Terms indicates your acceptance of the modification.
 

13.

Compliance

13.1We reserve the right to take any legal or technical remedies to prevent the breach of these Terms and to protect any Service, Users and our rights and property.
 

14.

Miscellaneous

14.1We may provide you with notices regarding any Service or these Terms by email or postings to Our Site.
14.2No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind us in any respect whatsoever.
14.3Except as otherwise stated above, nothing herein is intended, nor will be deemed, to confer any rights or remedies upon any third party.
14.4These Terms, together with any documents referred to herein, contain the entire agreement between you and us regarding the use of Our Site and supersede any prior agreement between us on such subject matter. Neither party may rely upon any representation made but not expressly contained in these Terms.
14.5The failure by us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
14.6You shall not assign these Terms or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any such purported assignment or delegation will be null and void and of no force or effect.
14.7These Terms and any claims or disputes, whether contractual or non-contractual, arising from them will be governed by and construed in accordance with the laws of England and Wales and the parties hereby submit to the exclusive jurisdiction of the courts of England.
14.8If for any reason a court of competent jurisdiction finds any provision or portion of these Terms to be unenforceable, the remainder of these Terms will continue in full force and effect.
14.9Any of our affiliates and intended third party beneficiaries of these Terms may enforce any of their terms and exercise any of the rights to the same extent as we may.
14.10Without limiting the foregoing, under no circumstances shall we be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
 

15.

Your Concerns

15.1If you have any concerns about material which appears on Our Site, please contact .