TERMS OF USE OF FRENCHSTAY WEBSITE
PLEASE CAREFULLY READ AND THEN AGREE TO THE TERMS AND CONDITIONS SET OUT BELOW BEFORE ACCESSING AND USING THE FRENCHSTAY WEBSITE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE.
Welcome
to the Frenchstay website
(the "Site") owned and made available by Tor Communications (referred to in these Terms and Conditions as "we" and "us").
The Terms and Conditions
form part of an agreement
between you and ourselves
and set out the conditions
under which you may
access the information,
products and services
available through the
Site. By accessing,
viewing or using the
Site you have indicated
to us that you both
understand and agree
to be bound by these
Terms and Conditions.
1. Terms and conditions
You must read the Terms and Privacy Policy. If you do not agree with the Terms, do not use this website. If you do use the website, your conduct indicates that you agree to be bound by the Terms. Frenchstay reserves the right to amend these Terms from time to time. Any such amendment will be applicable to all persons accessing the website once the revised Terms have been posted on the website. You should therefore check the website from time to time to review the current Terms.
2. No warranty
The
Site is provided on
an "as is" and "as available" basis
and in particular we
do not warrant that
the Site will continue
to be available to
you in either its current
format or from its
current domain name;
the Site or any software
available from the
Site will be free from
viruses or defects;
the Material contained
on the Site will be
true, accurate or complete
in all respects, except
always to the extent
otherwise set out in
the Terms and Conditions
and to any warranties
which would be implied
by law (including without
limitation, warranties
as to satisfactory
quality and fitness
for a particular purpose).
3. Liability
Except for death or personal injury arising from our negligence, we shall not be liable for any direct, indirect or consequential loss or damage (including without prejudice to the foregoing generality, any lost business opportunities, loss of profit or goodwill) arising from or in any way connected with the Site, or your inability to use the Site.
4. Downloadable Material
All our downloadable material is carefully checked for viruses before being uploaded on to the site, however we recommend that, as an extra precaution you run your own virus check on each document you download before saving it to your disk or hard drive.
5. Use of the Website
You undertake not to use the Material for any unlawful purpose; that you shall not make any use of the Site so that the Site is interrupted, damaged, rendered less efficient, or the functionality of the Site is in any way impaired; in particular that you shall not run any automated scripts on any part of the site without our express authorisation.
You also undertake not to use the Site for the transmission or posting of any computer viruses or any material which is defamatory, offensive or of an obscene or menacing character, or in such a way as to cause annoyance, inconvenience or needless anxiety; not to use the Site in a manner which constitutes a violation or infringement of any person, firm or company (including but not limited to rights of copyright or confidentiality);
You also undertake that you shall not use the Site to transmit any material for the purposes of publicity, promotion and/or advertising without our prior written consent; and that in the event that you may have any right, claim or action against any other user arising out of the use of the Site you shall pursue such right, claim or action independently of, and without recourse to, us and that you will indemnify and defend us against all claims, liability, damages, costs and expenses, including legal fees, arising out of a breach of these Terms and Conditions or any use of the Material or the Site.
6. Rights
The design, images and content of the Site are, unless otherwise stated, our property and our copyright. We provide Material on the Site solely for your personal use and the reproduction of the whole or any part of the Site, except for any temporary copies made necessarily in downloading the Site, for purposes other than private and personal use, is prohibited, as is distributing, displaying or copying the Site.
No part of the Site can be reproduced on, transmitted to or stored on any other website or other form of electronic retrieval system, nor may any part of the site be accessed in such manner as to make it appear part of any third parties website without our prior written consent.
7. Links to other Websites
Any websites to which you link through the Site (including, without limitation, any website provided by a third party but co-branded website) are independent of the Site and we have no control over them and accept no liability in respect of your use or inability to use them or any of the content of such websites.
8. Content
We accept no liability with respect to any of the products, information, material or services offered or provided by other organisations listed on, or linked to, this Site, nor do we endorse any of those organisations or any of their products or services. Should you decide to contract with any of these organisations, the contract will be directly between you and the relevant organisation. We will have no contractual involvement, and will not be liable in contract or otherwise for any products, information, materials or services provided to you by any of these organisations.
9. Registration
When seeking access to some parts of the website you may be asked to register. You must then supply certain details if requested, such as your email address and a password. If you are under 16 you must get the consent of a parent or guardian before registering.
You can only access the registration areas of the site if your email address and password (if requested) are personal and may not be used by anyone else to access the site; you do not do anything to allow anyone who is not a registered user to access any registration area of the site; you do not create additional registration accounts which may cause disruption or abuse of the site; you do not supply us with false or misleading information or pass yourself off as another user.
If we believe that you have not complied with these requirements, we may cancel your access to the site immediately and without notice.
10. Cancellation or suspension
We can suspend or cancel this agreement and your ability to use the website with immediate effect at any time for any reason, including but not restricted to your serious or repeated breach of these Terms or any conduct in connection with your use of this site that we consider inappropriate or disruptive and which is serious or persistent. We will notify you of such termination at your registered email address and invalidate your access to the site.
11. Your responsibilities
You are legally responsible for material you post or submit and you understand that by doing so you intend it to be published on the website.
12. Your warranty
By publishing or posting material on this website, you warrant to us that you do not infringe the rights of any individual, corporation or organisation, including but not restricted to the owners of any copyright and other intellectual property, confidentiality or privacy right, and you have obtained any necessary permissions; that the material is your own original work or you have the right to make it available to us.
You
must not defame any
individual, corporation
organisation or otherwise
affect their legal
rights. This may include
but is not restricted
to: comment which cannot
be justified; facts
which are untrue or
unprovable; statements
breaching an individual’s
privacy; statements
which may prejudice
a court case; images
or statements which
are obscene, pornographic
or illegal; statements
which are offensive
on grounds of race,
religion, creed, colour
or which may incite
hatred or disrespect
in any third party;
statements which breach
the criminal law, whether
or not known to be
illegal; statements
which may breach professional
ethics or standards.
13. Indemnity
You indemnify and will keep indemnified Frenchstay (Tor Communications), together with their respective directors, employees and shareholders, from and against all claims, actions, proceedings, liabilities, losses, damages, expenses and costs (including legal costs) arising from any breach of these Terms by you or from the publication of any posting or submission whatsoever contributed by you or on your behalf. We reserve the right to take over the exclusive defence of any claim, action or proceeding for which you shall be financially responsible, and for which we are entitled to indemnity from you. In such event, you shall provide us with all co-operation as may reasonably be requested by us.
14. No liability
We are not liable for any loss or damage, howsoever arising, from contributions to the website and its community by other parties, your use of this site or inability to use this site, or any errors and omissions on this site, whether in contract, tort or otherwise and whether such loss or damage is foreseen or foreseeable. This includes but is not restricted to indirect, consequential, special or exemplary damages, loss of business, loss of profit, loss of revenue, loss of opportunity, loss of reputation, loss of data and loss suffered by third parties. This does not exclude our liability for fraud, or for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited by law.
15. No representations
We make no representations and give no warranties with regard to the quality, suitability, reliability, compatibility, accuracy, non-infringement or completeness of the contents of this website, and any implied warranties are excluded to the extent permitted by law.
16. Interruptions
We do not warrant that this website, the server that supplies it or any other of our systems will be uninterrupted or free of errors, viruses or bugs and we shall not be liable if this site is inaccessible at any time. Access may be suspended temporarily without notice for technical reasons or for reasons over which we have no control.
17. Data protection
We will use your personal details to administer this site. From time to time, we may send direct marketing or promotional material information from us but not from third parties. You can indicate you do not wish to receive such material by contacting us.
18. Jurisdiction
These Terms shall be governed by the laws of England and Wales and any disputes will be submitted to and resolved by the exclusive jurisdiction of the courts of England and Wales. If any of these terms are determined to be illegal, invalid or otherwise unenforceable by any court then, to the extent to which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these Terms and the remaining terms shall remain in full force and effect.
19. Data capture
In
general use of this
site we do not store
or capture data about
you, other than to
log your IP address
and session details,
like the number of
pages you view and
the type of browser
you use. Where any
personal data, like
your name and address,
is requested you will
always be advised why
it is needed, what
it will be used for
and how you can contact
us to have the details
amended or deleted.
Disclosure of personal,
private and confidential
material is at your
own risk.
20. Collection of personal information
By registering or subscribing to this website, or otherwise providing personal information to us, you agree to the collection, retention, usage and distribution of your personal information under this policy and the Terms of use of the website. Personal information can be collected by us from you when you register to use the website, request services from us or third parties connected with us, email us, use our website, participate in promotions, enter competitions or otherwise provide your personal details.
21. Use of your personal information
Your personal information, including contact information such as postal and email addresses and telephone numbers, may be used by us for any of our internal purposes, including for instance administration, site updates or upgrades, editorial purposes or for evaluating the use made of our website.
22. Disclosure of personal information to third parties
Your personal information will be disclosed where we are obliged or permitted to do so by law.
23. Retention of personal information
We will keep your personal information securely on our systems for as long as may be necessary for the purposes described in this policy. At any time you can tell us if you do not want us to continue to store and use your details and we will erase them and cancel your registration for the website.
24. Data protection
You are entitled to request personal data that we hold about you for a small charge. You can insist that we correct any information about you.