Terms & Conditions
In these terms and conditions:
- ‘our’, ‘we’ and ‘us’ means mpdclick Limited whose registered office is at Unit 21-23 Home Farm Business Centre, Lockerley, Romsey SO51 0JT, registered number 5732591, VAT number 823845419 and its affiliates and group companies (as defined in section 1159 of the Companies Act 2006 and section 416 of the Income and Corporation Taxes Act 1988 respectively) from time to time, and, where applicable, its officers, employees and authorised agents;
- ‘you’ and ‘your’ means the person accessing the site and includes any business with which you are associated and on behalf of which you use the site;
- ‘Content’ means the public access materials and content available on the site;
- ‘site’ means www.mpdclick.com; and
- ‘Subscriber Agreement’ means the subscription licence and user agreement for the provision of our services
2. Our contract
Our site is intended for use by business customers only. By using our site you agree to the following terms and conditions. If you do not agree to these terms please leave the site immediately.
3. Accessing our Site
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below).
From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
4. Licence to use site
You have a personal, non-transferrable, non-exclusive licence to view that part of the Content which is available for public view on the site. You may search, view, copy and print out this limited Content for your own business use and bookmark any page. You may not link to our site without our prior agreement in writing.
All drawings, images, descriptive matter, specifications, colours and fonts contained in our site are issued or published for the sole purpose of giving an approximate idea of the Content described in them. They shall not form part of any contract between you and us.
6. Exclusions and limitations
We give you no warranty or assurance about the site. In particular:
- Any of the Content or information on our site may be incorrect or out of date at any given time, and may not constitute a definitive or complete statement of the Content available in accordance with the Subscriber Agreement in any area. We are under no obligation to update such Content or information.
- All implied warranties and conditions are excluded, to the maximum extent permitted by law.
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any Content posted on it, including, without limitation any liability for:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill;
- wasted management or office time; and
for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
7. Links to other sites
Certain links, including hypertext links, in our site will take you outside our site. Links are provided for your convenience, for information only, and the inclusion of any link does not imply endorsement or approval by us of the linked site, its operator or its content. We have no control over, and are not responsible for, the contents of any website outside our site and we accept no responsibility for them or for any loss or damage that may arise from your use of them.
8. No commercial use
You agree that you will use our site only for your internal business purposes and that you shall not exploit our site or any of its contents for any commercial purpose.
We reserve the right at any time without notice to revise the content of our site (including the services offered by us) and these terms and conditions.
If the need arises, we may suspend access to our site, or close it indefinitely.
Any changes to these terms and conditions will be posted on our site and you are expected to check this page from time to time to take notice of any changes we make. By continuing to use our site following any such change you will signify that you agree to be bound by the revised terms and conditions of use.
10. Your Information
11. Intellectual Property Rights
We are the owner or the licensee of all intellectual property rights in our site, and in the Content published on it.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
You must not modify the paper or digital copies of any Content you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
You must not use any part of the Content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
All rights in the design, text, graphics and other Content on our site and the selection or arrangement thereof are the copyright of us or other third parties and are protected by copyright laws and treaties around the world. All such rights are reserved. Use of Content on our site (including reproduction for purposes other than those noted above) and alteration, modification, distribution, or republication without our prior written permission is strictly prohibited.
13. Trade marks
We are the proprietor of the trade marks mpdclick and MUDPIE in the UK and other countries. All other trade marks, product names and company names or logos used in our site are our property or that of their respective owners.
No permission is given by us in respect of the use of any such trade marks, get-up, product names, company names, logos or titles and such use may constitute an infringement of the holder’s rights.
14. Viruses, Hacking and other Offences
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
We reserve the right in our sole discretion to deny you access to our site or any part of our site without notice and to decline to provide the service to any user that is in breach of these terms and conditions of use.
16. Events beyond our control
We shall not be liable to you for any breach of these terms and conditions of use or any failure to provide or delay in providing our services through our site, or if for any reason our site is unavailable at any time or for any period.
17. Applicable law and jurisdiction
These terms and conditions (and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to them or their formation) shall be governed by and interpreted in accordance with the law of England and Wales and, for these purposes, the parties irrevocably submit to the exclusive jurisdiction of English courts.