In these Conditions:
The words in quotation marks below describe or identify, as appropriate, the following words or matters and shall have the same meaning throughout these Conditions:
and such term shall include its duly authorised representatives;
It is your responsibility to familiarise yourself with these Terms and Conditions. If you do not accept these Terms and Conditions, you are not permitted to use the Authority's Internet Service.
By using the Internet Service You will be able to browse online information and access Third Party Websites.
You acknowledge that printing facilities are not provided as part of the Internet Service by the Authority.
The browsing or downloading of material of an illegal or deemed to be of an offensive nature by the Authority is not permitted. This includes but is not limited to:- copyrighted films or other broadcasts;
You must not:-
You acknowledge and accept that at the end of your session all files stored locally will be lost.
You acknowledge and accept that information stored on the Authority's Kiosks may be deleted at any time and definitely at the end of your session. When your session ends, the Kiosk will restart and any data/downloads or settings that have been saved locally will be destroyed. Please be aware that once the log off process has started it cannot be stopped and you will not be able to retrieve any data saved locally.
If you want to keep information that you have downloaded or typed then we recommend that you e-mail this to an e-mail account or copy to a USB key before ending your session.
The Authority does not accept any liability for the loss of data due to system freeze/crash/corruption/power loss/restart. When You are writing or updating emails or websites the Authority recommends that, as a precaution against unexpected system freeze/crash/corruption/power loss/restart, you save a draft version of your work every 15 minutes or so onto your chosen external device.
You acknowledge and accept that the Authority does not control Third Party Websites and that the Authority is not responsible for the content any Third Party Website. Furthermore a link to a Third Party Website does not mean that the Authority endorses or accepts any responsibility for the content, or the use, of such web site.
You acknowledge and accept that when you access Third Party Websites you do so at your own risk. Your use of each Third Party Website is subject to the terms of use and other guidelines, if any, contained within each respective Third Party Website.
You agree to click on the links to and familiarise yourself with the terms of use and other terms and guidelines found throughout this web site, Third Party Websites and abide by them if you choose to use the sites, pages or services to which they apply.
You shall not give the Authority's address for delivery of goods ordered on the internet.
The Authority makes no warranty or guarantee in relation to matters for which suppliers or other third parties are responsible including fulfilment of your contract and make no warranty as to the fitness for purpose or satisfactory quality of any goods or services purchased through a Third Party Website. If any problems arise from the supply of goods or services by a supplier, you must take issue with the supplier and not with the Authority.
For the avoidance of doubt the Authority shall not be liable for any purchases or contracts made by you with or facilitated by Third Party Websites.
Children 12 or under must be accompanied by an adult over the age of 18. If the Authority is in doubt of a child's age only a valid passport or other photographic identification will be accepted as proof of age.
You acknowledge and accept that CCTV is in operation at the Premises for the protection of our customers, staff and stock
You acknowledge and accept that the Internet Service provided is a public facility and that the Authority shall monitor the use of all Kiosks. Any accessing of material considered unacceptable or offensive by the Authority shall be dealt with in accordance with clause 11 below.
The Authority cannot guarantee the privacy of e-mails or security of on-line transactions.
The Authority does not accept any liability to you or third parties for breaches of confidentiality due to technological reasons outside the reasonable control of the Authority or breaches caused by You to third parties.
You are required to comply with all applicable laws and contractual confidentiality and data protection.
The Authority does not accept responsibility for your property and to the extent reasonable excludes liability for the loss, damage or theft of any customer property brought onto the Premises. You are reminded not to leave any personal property unattended.
The Authority may at its discretion and without notice to the User alter or amend these terms and conditions.
The rates payable and the terms and conditions applicable shall be those in force at the time of order or purchase.
The Authority makes no warranties and/or representations about the suitability of the information provided to you as part of the Internet Service, including but not limited to any information published on the Authority's website or the Internet, for any purpose. All such information is provided on an "as is" basis without warranty of any kind.
The Authority hereby disclaims all warranties and conditions with regard to this information, including all implied warranties and conditions of satisfactory quality, fitness for a particular purpose, title and Intellectual Property Rights non-infringement.
Please note that the information provided to you as part of the Internet Service, including but not limited to any information published on the Authority's website and/or the Internet, could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. The Authority may make improvements and/or changes in the Internet Service.
In no event shall the Authority be liable to you or any third party for direct indirect special incidental or consequential damages including loss of profits time or data that arises out of the Internet Services or the unavailability of any product including but not limited to Kiosk hardware software services internet email websites or documentation.
The Authority specifically disclaims any warranties including but not limited to the implied warranties of merchantability and fitness for a particular purpose. The software and hardware provided is on an 'as is' basis and the Authority have no obligations to provide maintenance support updates enhancements or modifications or continued availability of the Internet Service.
Neither the User nor the Authority shall be liable for breach of its obligations under the Contract to the extent that such breach is caused by any act of God, natural flood, fire (save where such fire is due to the negligence or fault of the User) lightning or earthquake, war, military operations, act of terrorism or riot. Nonetheless each party shall use reasonable endeavours to perform its obligations under the Contract.
The Authority shall not be liable for breach of its obligations under the Contract to the extent that such breach is caused by acts of omissions of persons for whom the Authority is not responsible (including in particular other telecommunication service providers) or any other cause whether similar of dissimilar outside the Authority's reasonable control.
No provision of this Contract is intended to confer any benefit on, or to be enforceable by, any person who is not a party to the Contract, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
Nothing in the Contract shall be construed as creating a legal partnership or contract of employment or a relationship of principal and agent between the Authority and You and, You shall not at any time or in any circumstances take any action so as to bind (or purport to bind) the Authority nor shall You hold Yourself out as having authority to bind the Authority.
The Contract and these Conditions contains the entire agreement between the parties in relation to the supply of the Internet Services. Each party acknowledges that, in entering into the Contract, it is not relying on any representation or other assurance except as expressly set out or referred to in the Contract, provided that nothing in this Contract shall limit or exclude any liability for fraud.
If any of the Conditions become or are declared by a court of competent jurisdiction to be illegal, invalid or unenforceable such illegality, invalidity or unenforceability shall in no way impair or affect any other of the Conditions all of which shall remain in full force and effect.
These Conditions shall be governed by and construed in accordance with English law and the Supplier hereby irrevocably submits to the exclusive jurisdiction of the English courts.