Terms and Conditions
1 Our Terms
1.1 The First4FunctionsUK website (Website) is owned and operated by First4FunctionsUK.com (we, us and our). You, your or user means the person using the Website under these terms( Terms).
1.2 You agree to be bound by these Terms from the point you first access the Website, otherwise you must cease your use of the Website.
1.3 These Terms may be amended or replaced by us and we advise you to check back here regularly as you will be bound by the most recent version of these Terms.
1.4 If you are under 18 and wish to use the Website please obtain permission from your parent or guardian before doing so.
2 Contributions to the Website: Licensees
2.1 Once a Licensee has registered with us, he or she can input material that he or she has created to the Website, including (but not limited to) his or her own words or photographs.
2.2 Subject to clause 3.2.4, Licensees can also input other people's material, including (but not limited to) content created by or otherwise attributed to third parties such as articles, interviews, photographs or reviews
2.3 The amount of content a Licensee may add to the Website will be subject to a maximum number of words and/or amount of digital storage space as determined by us.
2.4 Any information supplied by a Licensee must be true, accurate and not misleading and in accordance with any guidelines (that form part of these Terms) that Licensees must read and understand before adding information about their premises to the Website.
2.5 We may use, edit, modify or reproduce any contributions to the Website by Licensees, and in submitting content to the Website Licensees grant us a worldwide perpetual, non-transferable and royalty-free licence to use such content in any manner, including for publication in any First4FunctionsUK material in print or electronic format.
3 Contributions to the Website: All Website Users
3.1 This clause 3 applies to all Website users, including Licensees, who make contributions to the Website.
3.2 In relation to any material posted on the Website users will not:
3.2.1 publish falsehoods or misrepresentations that could damage us or any third party;
3.2.2 submit content or provide links to websites that are unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive or otherwise discriminatory, or encourage conduct that could be considered a criminal offence, give rise to breach of contract, break any law or is otherwise inappropriate;
3.2.3 submit (or encourage the submission of) illegal or unauthorised copies of works protected by a third party's copyright including (but not limited to) pirated computer programmes or links to them, information that circumvents manufacture-installed copy-protect devices, or pirated music files or links to them;
3.2.4 submit material that is otherwise subject to third party rights, unless permission to use such material and publish it on the Website has been expressly obtained;
3.2.5 submit material that contains software viruses or anything else that may threaten or interrupt the functionality of the Website;
3.2.6 impersonate another person; or
3.2.7 solicit personal information from anyone.
3.3 Any content specified at clause 3.2 is Prohibited Content. We, at our reasonable discretion, deem any other content not specified in clause 3.2 to be Prohibited Content
3.4 We reserve the right to investigate and take appropriate action against Website users if, in our opinion, they provide or use Prohibited Content or otherwise breach clause 3.2, such action to include (but not limited to) reporting the Prohibited Content and the details of the person providing it to the appropriate law enforcement agencies and removing the Prohibited Content from the Website.
3.5 You agree to defend, indemnify and hold us or any of our affiliated companies or individuals harmless from any third party claims or proceedings (including reasonable legal fees) resulting from any violation of this clause 3 either by you or person acting on your behalf.
3.6 If you think that any material contributed to the Website may contain Prohibited Content, please notify us by emailing us at firstname.lastname@example.org.
3.7 We may modify, lock, refuse to display or delete any content submitted to this Website (even if it is not Prohibited Content).
4 More about the Website
4.1 The Website may contain competitions and other features that are subject to additional rules. Please read these rules, which may be posted or linked at relevant places of the Website, before participating in these competitions and other features.
4.2 Website users can sign up to receive news about our offers and communications where we offer this. If any details you supply to us when signing up to our mailing lists change please let us know by emailing us at email@example.com.
4.3 The Website may incorporate links to external websites of third parties. The presence of such links on the Website neither constitutes an authorisation by us to you to access third party websites nor an endorsement of the content of third party website by us. You agree and acknowledge that the use of and the content of such third party websites falls outside our control and the jurisdiction of these Terms and that we will not e held responsible for any damages, lost, costs or expense arising from the use of third part websites or products or services available through third party websites.
4.4 We may make changes to the Website at our discretion and this may involve periods of Website downtime. As computer and telecommunication systems are not fault free, this may also mean that Website users incur periods of downtime. We do not guarantee uninterrupted availability of the Website therefore we will make all reasonable efforts to minimise any periods during which the Website is not available.
4.5 We us encrypted security software to run the Website. The security of information transmitted via the internet cannot be guarantee, however, and you use the Website at your own risk. We do not accept liability for any losses incurred or sustained by you as a result of transmitting information by means of email or using the Website.
5 Intellectual Property Rights
5.1 All material in or on the Website in which we own copyright, trademarks, design rights, patents and other intellectual property rights (registered and unregistered) remains vested in our ownership or that of our respected licensors.
5.2 You may not copy, reproduce, upload, download, distribute, republish, retransmit, disassemble, decompile, reverse engineer, modify or otherwise use in any way any of the material on or functionality of this website, including and computer code and software, other than for your own personal use and in accordance with these Terms.
5.3 All brand names, product names and titles used in the Website are trade names, and in some instances trademarks, of their respective holders. No permission or licence is given in respect of use of any of the above, and such use may constitute an infringement of the relevant holders' rights.
6 Limitations of liability
6.1 Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence or any other liability which cannot be excluded by law.
6.2 We provide the Website on an "AS IS, AS AVAILABLE" basis.
6.3 Subject to 6.1 above, we will not be liable to you for any loss or damage in circumstances where (or to the extent that):
6.3.1 neither we nor our employees or agents are in breach of a legal duty owed to you;
6.3.2 such loss or damage is not a reasonably foreseeable result of any such breach; or
6.3.3 any increase in loss or damage results from the act or default of a third party or a breach by you of any of these Terms.
6.4 Except as expressly provided in these Terms and except in respect of fraudulent misrepresentation, all conditions, representations and warranties (express or implied, statutory or otherwise) are excluded to the extent permitted by law, including (without limitation) any implied warranties or conditions as to quality, fitness for purpose and reasonable skill and care.
6.5 Under no circumstances (including negligence) will we or any affiliated company or individual be held liable for any direct, indirect, incidental, special or consequential damage (including, without limitation loss of profit, loss of business, lost data, viruses that may infect your computer, depletion of goodwill or otherwise), costs, expenses or other claims for economic loss (however caused) which arise out of or in connection with these Terms or your use of the Website.
6.6 We do not warrant that the Website or any products and materials contained on the Website are error free, or that errors will be corrected, or that the Website or the server from which it is run is free of viruses or other potentially harmful codes.
6.7 Neither we nor our affiliates make any representation that materials on the Website are appropriate or available for use in locations outside the United Kingdom, and accessing them from territories where their contents are illegal is prohibited. Those that choose to access the Website from other territories do so at their own initiative.
7.1 First4FunctionsUK.com fully complies with the Distance Selling Regulations 2000. The Distance Selling Regulations give you the right to change your mind and cancel an order within seven working days. If you do decide to cancel you should put this in writing either by letter (proof of postage or recorded delivery is recommended) or by fax or email. A telephone call is not sufficient unless you and the trader agree to this. By placing an order via the telephone the consumer is entering into a pre-contractual agreement.
7.1.1 Photographic material
First4FunctionsUK.com will not be responsible for the provision of photographic material. The onus is on the customer to provide all relevant information. Where applicable, the First4FunctionsUK.com will endeavour to upload pictures from the customer’s website, however permission must be given in writing before this action can be taken.
7.1.2 If First4FunctionsUK.com assigns a photographer to your venue at an arranged visit and the customer is unable to make payment on the day or has to arrange for the photographer to come back then they will incur an additional £10 call out charge for the photographer's second call out.
7.2 Our failure to insist upon the strict performance of any of your obligations under these terms will not be construed as a waiver and will not affect our rights to require strict performance of such obligations.
7.4 If any provision of the Terms or part thereof is found to be invalid or unenforceable, the invalidity or unenforceability of such provision or part will not affect any other provision or the remainder of the provision in which such invalid or unenforceable part is contained, which will remain in full force and effect.
7.5 Nothing in these Terms will give nor is intended to give rights to any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
7.6 Unless the local law in the territory in which you are situated permits or requires these terms to be governed by such local law, these Terms will be governed by English law, and each of us agrees to submit to the non-exclusive jurisdiction of the English courts.
7.7 Late Payments Of Commercial Debts Regulation. Customers paying by invoice must pay the amount in full within the specified 14 days unless otherwise stated. If payment is not made within this time we reserve the right to charge interest and compensation under the Late Payments Of Commercial Debts Regulation 2002.
8 Cancellation and Termination of Agreement
8.1 The Agreement shall commence on the date when the client accepts the terms and conditions as specified within the Agreement, and shall remain in force unless the client notifies us in writing one month before the Agreement is due to expire that they wish to terminate the Agreement at the end of the Agreement period, failure to notify the Company will result in the Agreement rolling over annually with a 4 week notice of termination annually on the anniversary date from the commencement of the Agreement date, after the full Agreement date has elapsed.
8.2 Upon termination of the Agreement first4functionsuk.com will cease providing the services, that the client has agreed to via recorded confirmation call in accordance with the distance selling regulations.
8.3 No Agreement which has been accepted by the Company may be cancelled by the client, except with the agreement in writing by the client and on the terms that the client shall indemnify the Company in full against all costs, including loss of profit, cost, damages, charges and expenses incurred by the Company as a result of the cancellation.
8.4 The Company may terminate the Agreement at any time without penalty if an objection is raised by the owner of the site, its associated companies or assignees entirely at the owner of the sites' discretion. Any deposit paid by the client is non refundable.
8.5 The client will not be entitled to (i) any refunds of any deposit, set up fees, usage fees or any other fees paid (ii) any outstanding balance for any part of the Service rendered through to the date of termination and any other unpaid payment obligations during the remainder of the Agreement term will be immediately due and payable in full.
8.6 All notifications of termination and cancellations of Agreements should be made in writing to our Customer Services Department at:
First4FunctionsUK.com 15-21 Strand Road, Bootle, Liverpool L20 1AH
9 Contact Us
For comments or questions relating to these Terms or the Website please email us at firstname.lastname@example.org