WEBSITE TERMS AND CONDITIONS OF USE ("Terms and Conditions")
1. Hemini Plc website
1.1 This website is operated by Hemini Plc ("Hemini Plc" or "we" or "us").
1.2 HEMINI PLC IS A SUPPLIER OF COMPUTER-RELATED PRODUCTS AND PERIPHERALS TO COMMERCIAL
RESELLERS, RETAILERS, SERVICE PROVIDERS AND SIMILAR COMMERCIAL ENTITIES.
1.3 This website is intended for use by Hemini Plc's customers and prospective customers.
Persons who place an order for Hemini Plc products on this website are bound by
Hemini Plc's Terms and Conditions for Online Sale. Please review Hemini Plc's Terms
and Condition for Online Sale, before placing any order for Hemini Plc product through
this website.
1.4 We provide access to and use of the Hemini Plc website ("the website") subject
to the following Terms and Conditions which may be updated by us without notice
to you. BY USING THE WEBSITE YOU WILL BE DEEMED TO HAVE ACCEPTED THE FOLLOWING TERMS
AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS PLEASE CEASE USING
THE WEBSITE.
2. Licence
2.1 Hemini Plc grants you a non-exclusive licence to use this website subject to
these Terms and Conditions.
2.2 Hemini Plc may terminate this licence at any time without notice to you.
2.3 Your access and/or use of the website constitutes your acceptance of these Terms
and Conditions which apply to all pages on the website and for all entry points
into the website.
3. Materials on the Website
3.1 All rights including those in copyright in the content of the website are owned
by, licensed to or controlled for these purposes by Hemini Plc ("the Content").
The Content includes, but is not limited to, the website's design, layout, look,
appearance and graphics. It is protected by intellectual property laws including,
but not limited to, copyright and trade mark laws. Accordingly, the Content may
not be copied, reproduced, republished, downloaded, posted, broadcast or transmitted
in any way except for your own private non-commercial use. Any other use requires
written permission from Hemini Plc.
3.2 The re-distribution, re-publication, or otherwise making available of the material
on this website to third parties without the prior written consent of Hemini Plc
is prohibited.
3.3 Without limiting the foregoing, no part of the website may be distributed or
copied for any commercial purpose, reproduced, transmitted or stored in any other
website or other form of electronic retrieval system without prior written permission
from Hemini Plc.
3.4 Unauthorised use of this website may give rise to a claim for damages and/or
be a criminal offence.
4. Website Information
4.1 The information in this website is given in good faith and is subject to change
without notice. Except to the extent expressly provided in Hemini Plc's Sales Terms
and Conditions, if applicable, Hemini Plc is not responsible for any inaccuracies
and (except as set out in clause 6.4) makes no representation and gives no warranty
as to its accuracy.
4.2 The information in this website should not be relied on and does not constitute
any form of advice or recommendation. By using this website you confirm that you
have not relied on any such information. Any arrangements made between you and any
third party named or referred to on the website are entirely at your sole risk and
responsibility.
4.3 The sales information on this website is an invitation to treat only and is
not intended to be nor should be construed as an offer to enter into a contractual
relationship.
5. Linking
5.1 The website contains links to other websites. Any Content downloaded or otherwise
obtained from the website is obtained at your own risk. Hemini Plc accepts no responsibility
or liability for the content of other websites which are not under the strict control
of Hemini Plc. Any link is not intended to be, nor should it be construed as an
endorsement of any kind by Hemini Plc of that other website.
5.2 You may not create a link to this website from another website or document without
Hemini Plc's prior written consent.
6. Liability
6.1 Except to the extent expressly provided in Hemini Plc's Sales Terms and Conditions,
if applicable, Hemini Plc makes no warranty, express or implied, or representation
whatsoever regarding the website or the Content or any advertising, services or
products provided through or in connection with the website.
6.2 Hemini Plc does not guarantee that use of this website will be compatible with
all hardware and software which may be used by visitors to the site.
6.3 Except as set out in clause 6.4, Hemini Plc will be under no liability to you
whatsoever whether in contract, tort, (including negligence), breach of statutory
duty, restitution or otherwise for any injury, death, damage or direct, indirect
or consequential loss (all three of which terms include, without limitation, pure
economic loss, loss of profits, loss of business, depletion of goodwill and like
loss) howsoever caused arising out of or in connection with the use of this website
or the use, accessing, downloading or relying on any information or other materials
contained in this website, including, without limitation, as a result of any computer
virus or any malicious computer code.
6.4 These terms and conditions do not exclude Hemini Plc's liability (if any) to
you for personal injury or death resulting from Hemini Plc's negligence, for fraud
or for any matter which it would be illegal for Hemini Plc to exclude or to attempt
to exclude its liability.
7. Privacy Hemini Plc's privacy policy can be seen by clicking on the link below.
This privacy policy forms part of these terms and conditions.
8. Changes to content of the Website
8.1 Subject to clause
8.2, Hemini Plc may change the contents of the website from time to time in its
sole discretion without notice to you.
8.2 Hemini Plc may vary these Terms and Conditions from time to time by posting
the varied Terms and Conditions on this website. If Hemini Plc makes any substantial
changes to these Terms and Conditions, Hemini Plc will for a reasonable time thereafter
take reasonable steps to bring to the attention of visitors to this website the
fact that these Terms and Conditions have been revised. You are advised to check
these Terms and Conditions from time to time.
9. Viruses
9.1 Hemini Plc does not warrant that the website or access to it will be error-free
or that the website or the servers that make it available will be free of viruses
or bugs or other malicious code.
10. User Conduct - Security
10.1 You agree not to:
10.1.1 disrupt or interfere with the security of, or otherwise abuse, the website,
or any services, system resources, accounts, servers or networks connected to or
accessible through the website or affiliated or linked websites;
10.1.2 disrupt or interfere with any other user's enjoyment of the website or affiliated
or linked websites
10.1.3 transmit through website spam, chain letters, junk mail or any other type
of unsolicited mass email to people or entities who have not agreed to be part of
such mailing. 10.1.4 you agree that you will not upload or attempt to upload, post
or otherwise transmit on the website any Content of any sort including without limitation
any defamatory, obscene or unlawful content or content which would otherwise infringe
any third party rights or be likely to cause offence.
10.2 You agree to indemnify and hold harmless Hemini Plc for any breach by you of
these obligations as set out under this Clause 10.
10.3 Hemini Plc will issue existing account holders with a valid user name and password
for use on the website to view their account information. You are responsible for
your user name and password . An account holders user name and password are for
the account holders use only and may not be shared with or disclosed to anyone else.
10.4 Once you become an account holder, you agree not to use the user name or password
of any other account holder or permit any other account holder to use your user
name and/or password at any time. You agree to notify Hemini Plc immediately by
telephoning the IT Manager or emailing webmaster@Hemini.com if you know or have
any reason to suspect that the security of your user name and/or password has been
breached.
11. General Provisions
11.1 If any of these Terms and Conditions should be determined to be illegal, invalid
or otherwise unenforceable by reason of the laws of any jurisdiction in which these
Terms and Conditions are intended to be effective, then to the extent and within
the jurisdiction which that Term or Condition is illegal, invalid or unenforceable
it shall be severed and deleted from these Terms and Conditions and the resultant
Terms and Conditions shall remain in full force and effect.
12. Jurisdiction and acceptance of these terms and conditions
12.1 This website is controlled and operated by Hemini Plc from its offices in England.
The formation, existence, construction, performance, validity in all aspects whatsoever
of these terms and conditions or of any term of these terms and conditions or any
dispute in relation to the materials contained in this website shall be governed
by English law. The English courts shall have exclusive jurisdiction to settle any
disputes which may arise out of or in connection with these terms and conditions
or use of the website. Your continued use of this website indicates your acceptance
of these terms and conditions.