Legal

Legal notice Please read

1. INTRODUCTION

1.1 By accessing any part of the Site, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave the Site immediately.

1.2 Brimhams Active reserves the right to modify, add to or change these Terms and Conditions and our Privacy Policy and any other policies at any time without notice. Any such modifications, additions or changes will be effective immediately on being posted to the Site. Continued use of the Site after a modification, addition or change has been made is your acceptance of the modification, addition or change.

2. LICENCE

2.1 You are permitted to print and download extracts from the Site for your own personal use on the following basis:

(a) no documents or related graphics on the Site are modified in any way;

(b) no graphics on the Site are used separately from accompanying text;

(c) that this permission notice appear in all copies; and

(d) that you do not, sell, rent, lease, license, sublicense, grant any rights in, transfer, distribute, time-share or otherwise assign to any third party any portion of the Site.

2.2 You acknowledge that, the copyright and other intellectual property rights in all material on the Site (including without limitation photographs and graphical images) are owned by Brimhams Active or its licensors. For the purposes of this legal notice, any use of extracts from the Site other than in accordance with paragraph 2.1 above for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use the Site automatically terminates and you must immediately destroy any downloaded or printed extracts from the Site.

2.3 Subject to paragraph 2.1, all material including, without limitation, text, logos, icons and images published on this Site is for personal, non-commercial use. No part of the Site may be copied or adapted or included in any public or private electronic retrieval system or service without Brimhams Active’s written permission. Please email hello@brimhamsactive.co.uk if you require this.

2.4 Any rights not expressly granted in these terms are reserved.

2.5 If you breach any of these Terms and Conditions, your authorisation to use the Site automatically terminates and you must immediately destroy any downloaded or printed materials.

3. SERVICE ACCESS

3.1 While Brimhams Active endeavours to ensure that the Site is normally available 24 hours a day, Brimhams Active shall not be liable if for any reason the Site is unavailable at any time or for any period.Pl

3.2 Access to the Site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond Brimhams Active's control.

4. VISITOR MATERIAL AND CONDUCT

4.1 Other than personally identifiable information, which is covered under the Privacy Policy, any material you transmit or post to the Site shall be considered non-confidential and non-proprietary. Brimhams Active shall have no obligations with respect to such material. Brimhams Active and its designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

4.2 You are prohibited from posting or transmitting to or from the Site any material:

(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or

(b) for which you have not obtained all necessary licenses and/or approvals; or

(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or

(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

4.3 You may not misuse the Site (including, without limitation, by hacking).

4.4 Brimhams Active shall fully co-operate with any law enforcement authorities or court order requesting or directing Brimhams Active to disclose the identity or locate anyone posting any material in breach of paragraph 4.2 or paragraph 4.3.

5. LINKS TO AND FROM OTHER WEBSITES

5.1 You may create links to the Site provided you have acquired prior written consent from Brimhams Active. Please email hello@brimhamsactive.co.uk if you require this.

5.2 You shall fully indemnify Brimhams Active for any loss or damage suffered by Brimhams Active for breach of 5.1.

6. DISCLAIMER

6.1 Whilst every reasonable effort has been made to ensure that the information on the Site is correct, Brimhams Active does not warrant the accuracy and completeness of the material on the Site. Brimhams Active may make changes to the material on the Site, or to the products and prices described in it, at any time without notice. The material on this Site may be out of date, and Brimhams Active makes no commitment to update such material.

6.2 The material on the Site is provided on an "as is" basis, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, Brimhams Active provides you with this Site on the basis that Brimhams Active excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for this legal notice might have effect in relation to the Site.

7. LIABILITY

7.1 Brimhams Active, any other party (whether or not involved in creating, producing, maintaining or delivering the Site), and any of Brimhams Active's officers, directors, employees, or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Site in any way or in connection with the use, inability to use or the results of use of this website, any websites linked to this Site or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this website or your downloading of any material from this website or any websites linked to this website.

7.2 Nothing in this legal notice shall exclude or limit Brimhams Active's liability for:

(a) death or personal injury caused by negligence; or

(b) fraud; or

(c) misrepresentation as to a fundamental matter; or

(d) any liability which cannot be excluded or limited under applicable law.

7.3 If your use of material on this Site results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

8. GOVERNING LAW AND JURISDICTION

This legal notice shall be governed by and construed in accordance with English law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the English courts.