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TERMS AND CONDITIONS
BACKGROUND:
This agreement applies as between you, the User of this Web Site and Pegasus Intelegent Web Design Solutions, the owner(s) of
this Web Site. Your agreement to comply with and be bound by these terms and conditions
is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by
these terms and conditions, you should stop using the Web Site immediately.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
“Content” means any text, graphics, images, audio, video,
software, data compilations and any other form of
information capable of being stored in a computer that
appears on or forms part of this Web Site;
“Service” means collectively any online facilities, tools, services or
information that Pegasus Intelegent Web Design Solutions makes available through the Web
Site either now or in the future;
“Premises” Means our place(s) of business located at Sheffield, England;
“System” means any online communications infrastructure that
Pegasus Intelegent Web Design Solutions makes available through the Web Site either now
or in the future. This includes, but is not limited to, webbased
email, message boards, live chat facilities and
email links;
“User” / “Users” means any third party that accesses the Web Site and is
not employed by Pegasus Intelegent Web Design Solutions and acting in the course of their
employment; and
“Web Site” means the website that you are currently using
(www.pegasus-domain.eu) and any sub-domains of this site
unless expressly excluded by their own terms and
conditions.
2. Intellectual Property
2.1 Subject to the exceptions in Clause 3 of these Terms and Conditions, all
Content included on the Web Site, unless uploaded by Users, including, but
not limited to, text, graphics, logos, icons, images, sound clips, video clips,
data compilations, page layout, underlying code and software is the property
of Pegasus Intelegent Web Design Solutions, our affiliates or other relevant third parties. By continuing to use the
Web Site you acknowledge that such material is protected by applicable
United Kingdom and International intellectual property and other laws.
2.2 Subject to Clause 4 you may not reproduce, copy, distribute, store or in any
other fashion re-use material from the Web Site unless otherwise indicated on
the Web Site or unless given express written permission to do so by Pegasus Intelegent Web Design Solutions.
3. Third Party Intellectual Property
3.1 Unless otherwise expressly indicated, all Intellectual Property rights including,
but not limited to, Copyright and Trademarks, in product images and
descriptions belong to the manufacturers or distributors of such products as
may be applicable.
3.2 Subject to Clause 4 or you may not reproduce, copy, distribute, store or in any
other fashion re-use such material unless otherwise indicated on the Web Site
or unless given express written permission to do so by the relevant
manufacturer or supplier.
4. Fair Use of Intellectual Property
Material from the Web Site may be re-used without written permission where any of
the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988
apply.
5. Links to Other Web Sites
This Web Site may contain links to other sites. Unless expressly stated, these sites
are not under the control of Pegasus Intelegent Web Design Solutions or that of our affiliates. We assume no responsibility
for the content of such web sites and disclaim liability for any and all forms of loss or
damage arising out of the use of them. The inclusion of a link to another site on this
Web Site does not imply any endorsement of the sites themselves or of those in
control of them.
6. Links to this Web Site
Those wishing to place a link to this Web Site on other sites may do so only to the
home page of the site www.pegasus-domain.eu without prior permission. Deep linking
(i.e. links to specific pages within the site) requires the express permission of Pegasus Intelegent Web Design Solutions.
To find out more please contact us by email at info@pegasus-domain.eu.
7. Use of Communications Facilities
7.1 When using the enquiry form or any other System on the Web Site you should
do so in accordance with the following rules:
7.1.1 You must not use obscene or vulgar language;
7.1.2 You must not submit Content that is unlawful or otherwise
objectionable. This includes, but is not limited to, Content that is
abusive, threatening, harassing, defamatory, ageist, sexist or racist;
7.1.3 You must not submit Content that is intended to promote or incite
violence;
7.1.4 It is advised that submissions are made using the English language as
we may be unable to respond to enquiries submitted in any other
languages;
7.1.5 The means by which you identify yourself must not violate these terms
of use or any applicable laws;
7.1.6 You must not impersonate other people, particularly employees and
representatives of Pegasus Intelegent Web Design Solutions or our affiliates; and
7.1.7 You must not use our System for unauthorised mass-communication
such as “spam” or “junk mail”.
7.2 You acknowledge that Pegasus Intelegent Web Design Solutions reserves the right to monitor any and all
communications made to us or using our System.
7.3 In order to use the enquiry form and any other communication facility that may
be added in the future on this Web Site, you are required to submit certain
personal details. By continuing to use this Web Site you represent and
warrant that:
7.3.1 Any information you submit is accurate and truthful; and
7.3.2 You will keep this information accurate and up-to-date.
8. Privacy
Use of the Web Site is also governed by our Privacy Policy (www.pegasus-domain.eu/pegasus/privacy.html) which is incorporated into these terms and conditions by
this reference. To view the Privacy Policy, please click on the link above.
9. Disclaimers
9.1 Pegasus Intelegent Web Design Solutions makes no warranty or representation that the Web Site will meet your
requirements, that it will be of satisfactory quality, that it will be fit for a
particular purpose, that it will not infringe the rights of third parties, that it will
be compatible with all systems, that it will be secure and that all information
provided will be accurate. We make no guarantee of any specific results from
the use of our Services.
9.2 No part of this Web Site is intended to constitute advice and the Content of
this Web Site should not be relied upon when making any decisions or taking
any action of any kind.
9.3 No part of this Web Site is intended to constitute a contractual offer capable of
acceptance. No goods and / or services are sold through this Web Site and
product and / or service details are provided for information purposes only
9.4 Whilst every effort has been made to ensure that all graphical representations
of products and / or descriptions of services available from Pegasus Intelegent Web Design Solutions correspond to
the actual products and / or services, Pegasus Intelegent Web Design Solutions is not responsible for any
variations from these descriptions.
9.5 Pegasus Intelegent Web Design Solutions does not represent or warrant that such products and / or services will be
available from us or our Premises. For this reason, please contact us prior to
visiting if you wish to enquire as to the availability of any products and / or
services. Any such enquiry does not give rise to any express or implied
warranty that the products and / or services forming the subject matter of your
enquiry will be available upon your arrival at our Premises.
9.6 All pricing information on the Web Site is correct at the time of going online.
Pegasus Intelegent Web Design Solutions reserves the right to change prices and alter or remove any special
offers from time to time and as necessary. All pricing information is reviewed
and updated every 12months.
10. Availability of the Web Site
The Service is provided “as is” and on an “as available” basis. We give no warranty
that the Service will be free of defects and / or faults. To the maximum extent
permitted by the law we provide no warranties (express or implied) of fitness for a
particular purpose, accuracy of information, compatibility and satisfactory quality.
Pegasus Intelegent Web Design Solutions accepts no liability for any disruption or non-availability of the Web Site resulting
from external causes including, but not limited to, ISP equipment failure, host
equipment failure, communications network failure, power failure, natural events, acts
of war or legal restrictions and censorship.
11. Limitation of Liability
11.1 To the maximum extent permitted by law, Pegasus Intelegent Web Design Solutions accepts no liability for any
direct or indirect loss or damage, foreseeable or otherwise, including any
indirect, consequential, special or exemplary damages arising from the use of
the Web Site or any information contained therein. Users should be aware that
they use the Web Site and its Content at their own risk.
11.2 Nothing in these terms and conditions excludes or restricts Pegasus Intelegent Web Design Solutions’s liability for
death or personal injury resulting from any negligence or fraud on the part of
Pegasus Intelegent Web Design Solutions.
11.3 Whilst every effort has been made to ensure that these terms and conditions
adhere strictly with the relevant provisions of the Unfair Contract Terms Act
1977, in the event that any of these terms are found to be unlawful, invalid or
otherwise unenforceable, that term is to be deemed severed from these terms
and conditions and shall not affect the validity and enforceability of the
remaining terms and conditions. This term shall apply only within jurisdictions
where a particular term is illegal.
12. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or
remedy contained herein, this shall not be construed as a waiver of that right or
remedy.
13. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior
versions thereof, the provisions of these Terms and Conditions shall prevail unless it
is expressly stated otherwise.
14. Notices
All notices / communications shall be given to us either by post to our Premises (see
address above) or by email to info@pegasus-domain.eu. Such notice will be deemed
received 3 days after posting if sent by first class post, the day of sending if the email
is received in full on a business day and on the next business day if the email is sent
on a weekend or public holiday.
15. Law and Jurisdiction
These terms and conditions and the relationship between you and Pegasus Intelegent Web Design Solutions shall be
governed by and construed in accordance with the Law of England and Wales and
Pegasus Intelegent Web Design Solutions and you agree to submit to the exclusive jurisdiction of the Courts of England
and Wales.
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