Terms of Use

Grey Kite Resources – Website Terms of Use

Important: Please read these Terms of Use (the “Terms”) carefully before you use the website available at http://www.greykite.co.uk (the “Website”) because they apply to your use of the Website.

Mike Bailey trading as Grey Kite Resources (“Grey Kite”) makes the Website available to you to use on the terms and conditions set forth in the Terms. By using the Website, you accept the Terms in full; if you disagree with the Terms or any part of the Terms, you must not use the Website.

The Website uses cookies. By using the Website, you consent to the use of cookies in accordance with the terms of Grey Kite’s Privacy Policy.

Licence to Use

Unless otherwise stated, Grey Kite owns the intellectual property rights in the Website and material on the Website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the Website for your own personal use (whether in connection with your business or otherwise), subject to the restrictions set out below and elsewhere in the Terms.

You must not:

  • republish material from the Website (including republication on another website);
  • sell, rent or sub-license material from the Website;
  • reproduce, copy or otherwise use material on the Website for a commercial purpose; or
  • redistribute material from the Website.

Acceptable use

You must not use the Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use the Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Website without Grey Kite’s express written consent.

No warranties

The Website is provided “as is” without any representations or warranties, express or implied. Grey Kite makes no representations or warranties in relation to the Website or the information and materials provided on the Website.

Without prejudice to the generality of the foregoing paragraph, Grey Kite does not warrant that:

  • the Website will be constantly available, or available at all; or
  • the information on the Website is complete, true, accurate or non-misleading.

Nothing on the Website constitutes, or is meant to constitute, advice of any kind.

Limitations of liability

Grey Kite will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, the Website:

  • to the extent that the Website is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Grey Kite has been expressly advised of the potential loss.

Exceptions

Nothing in the Terms will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in the Terms will exclude or limit Grey Kite’s liability in respect of any:

  • death or personal injury caused by Grey Kite’s negligence;
  • fraud or fraudulent misrepresentation on the part of Grey Kite; or
  • matter which it would be illegal or unlawful for Grey Kite to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using the Website, you agree that the exclusions and limitations of liability set out in the Terms are reasonable. If you do not think they are reasonable, you must not use the Website.

Other parties

You agree that the limitations of warranties and liability set out in the Terms will protect Grey Kite’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Grey Kite.

Unenforceable provisions

If any provision of the Terms is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of the Terms.

Indemnity

You hereby indemnify Grey Kite and undertake to keep Grey Kite indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Grey Kite to a third party in settlement of a claim or dispute on the advice of Grey Kite’s legal advisers) incurred or suffered by Grey Kite arising out of any breach by you of any provision of the Terms, or arising out of any claim that you have breached any provision of the Terms.

Breaches of the Terms

Without prejudice to Grey Kite’s other rights under the Terms, if you breach the Terms in any way, Grey Kite may take such action as Grey Kite deems appropriate to deal with the breach, including suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your internet service provider to request that they block your access to the Website and/or bringing court proceedings against you.

Variation

Grey Kite may revise the Terms from time-to-time. The revised Terms will apply to the use of the Website from the date of the publication of the revised Terms on the Website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

Grey Kite may transfer, sub-contract or otherwise deal with Grey Kite’s rights and/or obligations under the Terms without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under the Terms.

Severability

If a provision of the Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

The Terms, together with Grey Kite’s Privacy Policy, constitute the entire agreement between you and Grey Kite in relation to your use of the Website, and supersede all previous agreements in respect of your use of the Website.

Law and jurisdiction

The Terms will be governed by and construed in accordance with the laws of England and any disputes relating to the Terms will be subject to the exclusive jurisdiction of the courts of England.

Grey Kite’s details

Mike Bailey is a sole trader residing in Wokingham, England.

You can contact Mike Bailey by email: mike(dot)bailey(at)greykite(dot)co(dot)uk

 

Document Title: Grey Kite Resources – Terms of Use

Date: 6 December 2013
Revision Control No 2013-12.02