WEBSITE TERMS OF USE



CONTENTS

1. Terms

2. User Agreement

3. Personal Information

4. License to Use Website

5. Acceptable Use

6. Registered Users

7. User Communication

8. Disclaimer

9. Terminations

10. Intellectual Property Rights 

11. User Content

12. Links To and From Other Websites

13. Indemnification

14. Limitations and Exclusions of Liability

15. Modification and Notice

16. Severability

17. Applicable Law

18. Policy Updated Date


1. Terms


1.1 By using this website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you disagree, you must not use this site.


1.2 Thank you for using FastMend.com. We put addresses and telephone numbers of over 2000+ UK computers and mobile device repair businesses at your fingertips. If you are experiencing computer or mobile device problems of any kind then you can use our service to search for approved and qualified repair technicians located near you and have your computer or mobile device repaired.


1.3 This website is owned and operated by Fast Services Network Limited. Visitors are required to accept the following terms and conditions in return for the information given to them on this website. You must be at least 18 years of age to use this website.  By using this website and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age.


1.4 This Website Terms of Use together with the Members Terms and Conditions, Privacy Policy and Cookie Policy collectively forms our 'User Agreement' and are applicable to all guests and users of fastmend.com website.


1.5 You will not use the website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the website you are fully accepting the terms, conditions and disclaimers contained in this notice. The contents of the website do not constitute advice and should not be relied upon in making or refraining from making, any decision. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.


2. User Agreement


2.1 This User Agreement is entered into by:-


2.1.1 Fast Services Network Limited (Company Registration Number 10195360) of registered office 10 Townsend Place, Kingswinford, DY6 9JL, United Kingdom, trading as FastMend;


AND


2.1.2 YOU, the user.


2.2 This User Agreement applies whenever you use FastMend Sites and services.


3. Personal Information


3.1 You may be asked to provide personal information (i.e. information which is collected and identifiable as relating to you personally) before purchasing any product or using services provided, entering any competition or registering for our FastMend e-Newsletter on this web site. All personal information collected from this web site will be maintained in accordance with the FastMend Privacy Statement. By using this site, you warrant that all data provided by you is accurate and you consent to FastMend retaining and using your personal information in accordance with the Privacy and Cookie Policy.


4. License to Use Website


4.1 Unless otherwise stated, Fast Services Network Limited and/or its licensors own the intellectual property rights in the website and material on the website.  Subject to the license below, all these intellectual property rights are reserved.
4.2 You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. 


4.3 You must not use this website in any way that breaches any applicable local, national or international law or regulation.


4.4 You must not:


4.4.1 Republish material from this website (including republication on another website);


4.4.2 Sell, rent or sub-license material from the website;


4.4.3 Show any material from the website in public;


4.4.4 Reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;


4.4.5 Redistribute material from this website (except for content specifically and expressly made available for redistribution). Where content is specifically made available for redistribution, it may only be redistributed (within your organisation).


4.4.6 Upload any material that contains viruses, or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.


4.4.7 Access without authority, interfere with, damage or disrupt any part of our site, any equipment or network on which our site is stored, any software used in the provision of our site, or any equipment or network or software owned or used by any third party.


5. Acceptable Use


5.1 You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.


5.2 You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.


5.3 You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.


5.4 You must not use our website to transmit or send unsolicited commercial communications.


5.5 You must not use our website for any purposes related to marketing without our express written consent.


5.6 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). We will not be liable if for any reason our site is unavailable at any time or for any period.


6. Registered Users


6.1 Access to certain areas of our website may be restricted to registered users.


6.2 You must be at least 18 years of age to become a registered user. By applying to become a registered user, you warrant that you are at least 18 years of age.


6.3 In order to become a registered user, you must follow the process as laid out on the FastMend website.


6.4 You warrant that all the information you provide to us as part of the registration procedure is true, accurate, fair and complete.


6.5 You will select your own username and password, but you acknowledge that we may refuse to permit, or may insist that you change, any username that impersonates another person or breaches these terms.


6.6 You must treat all registered pieces of information as confidential, and you must not disclose it to any third party.


6.7 Registered users will have access to features on our website as we may from time to time determine in our sole discretion.


6.8 We may disable username and passwords, delete accounts, and delete any information associated with an account, in our sole discretion without notice or explanation.


6.9 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 this User Agreement, and that they comply with them.


7. User Communication


7.1 FastMend is pleased to hear from users and welcomes your comments regarding our services.  You alone are responsible for any communication, message, and/or other content that you post, upload, submit, transmit or share with FastMend on this website, by electronic mail or otherwise, including but not limited to, any data, questions, comments, suggestions or the like (collectively "User Communications").


7.2 By transmitting or posting any User Communications, you represent and warrant that such User Communications are your own original work and will not infringe or violate any copyright, trademark, trade secret, rights of privacy, rights of publicity or any other applicable laws.  FastMend does not endorse or sponsor any such User Communications submitted by you or other users of this website.


7.3 FastMend reserves the right to terminate your registration and/or deny you access if it determines, in its sole discretion, that you are violating these Terms of Use, or applicable law, or that your conduct is harmful to us, our interests or the interests of another user, a third-party provider, merchant, sponsor, licensor, or service provider.


7.4 You are prohibited from posting, uploading, submitting, sharing or transmitting any unlawful, threatening, libellous, defamatory, obscene, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or would otherwise violate the law.  FastMend will fully cooperate with any law enforcement authorities or court order requesting or directing FastMend to disclose the identity of anyone posting any such information or materials.


7.5 Subject to the terms and conditions set forth in our Privacy Policy and Cookie Policy, all User Communications will be treated as non-confidential and non-proprietary information. Accordingly, please do not post, upload, submit or share any User Communications you wish to be kept confidential or for which you expect compensation, acknowledgment or attribution.


8. Disclaimer


8.1 The materials on this website are provided "as is" without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property.


8.2 FastMend expressly disclaims any duty to update or revise the materials on this website, although FastMend may modify the materials at any time without notice.  Your use of this website is at your sole risk, and you assume full responsibility for any costs associated with your use of this website.  FastMend shall not be liable for any damages of any kind related to your use of this website.


8.3 Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.


8.4 Location or mapping information is provided for guidance only. It is based on postcodes, so cannot be an exact indicator of the location of a property. No liability is accepted for the accuracy of postcode or location information.


9. Terminations


9.1 FastMend reserves the right, in its sole discretion, to immediately, without notice, suspend or terminate (I) these Terms of Use; and/or (ii) your registration(s) with or ability to access FastMend Site and/or any other service provided to you by FastMend. When a breach has occurred, we may take such action as we deem appropriate.


10. Intellectual Property Rights


10.1 Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, FastMend owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to FastMend without obtaining authorisation from FastMend.


10.2 Notwithstanding the foregoing, it is expressly clarified that you will retain ownership and shall solely be responsible for any content that you provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of our various Service. However, with regard to the product customization Service (as against other Services like blogs and forums) you expressly agree that by uploading and posting content on to the Website for public viewing and reproduction/use of your content by third party users, you accept the User whereby you grant a non-exclusive license for the use of the same.


11. User Content


11.1 In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.


11.2 You grant to Fast Services Network Limited a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.  You also grant to Fast Services Network Limited the right to sub-license these rights, and the right to bring an action for infringement of these rights.


11.3 Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Fast Services Network Limited or a third party (in each case under any applicable law). 


11.4 You must not submit any user content to the website:


11.4.1 That is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.


11.4.2 That is obscene, offensive, hateful or inflammatory, or promotes sexually explicit material or violence.


11.4.3 That promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.


11.4.4 That promotes any illegal activity


11.4.5 That is likely to harass, upset, embarrass, alarm or annoy any other person.


11.5 Fast Services Network Limited reserves the right to edit or remove any material submitted to this website, or stored on Fast Services Network Limited servers, or hosted or published upon this website.


11.6 Notwithstanding Fast Services Network Limited rights under these terms and conditions in relation to user content, Fast Services Network Limited does not undertake to monitor the submission of such content to, or the publication of such content on, this website.


11.7 Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other Users, you must comply with our “User Content”. You warrant that any such Contribution does comply with those standards, and you indemnify us for any breach of that warranty.


11.8 Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.


11.9 We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.


11.10 We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the Content Standards.


12. Links To and From Other Websites


12.1 This Site may contain links to other websites. FastMend assumes no responsibility for the content or functionality of any non- FastMend website to which we provide a link.


12.2 If you wish to create a link to our Website, you may only link to any complete contents page (and not to a part of a page) and the page must not be viewed within the pages of any other website. You may create such links only in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.


12.3 You agree not to establish a link to our Website from any website that is not owned by you and the website from which you are linking must comply in all respects with the Terms and Conditions.


12.4 We may withdraw permission to link to our Website without notice


13. Indemnification


13.1 You agree to indemnify, defend, and hold harmless each of FastMend, its parents, subsidiaries, affiliates, officers, directors and employees, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from your use of this Site, the violation of these Terms of Use by you, or the infringement by you, or any other user using your account, of any intellectual property or other right of any person or entity.


14. Limitations and Exclusions of Liability


14.1 Any representation, warranty, condition or undertaking that would be implied in these Terms and Conditions by legislation, common law, equity, trade, custom or usage is excluded to the maximum extent permitted by law.


 
14.2 Nothing in these Terms and Conditions excludes, restricts or modifies any condition, warranty, right or remedy which may be conferred by the Trade Practices Act that cannot be excluded, restricted or modified by agreement.


14.3 Nothing in these terms and conditions will: 


14.3.1 Limit or exclude any liability for death or personal injury resulting from negligence;


14.3.2 Limit or exclude any liability for fraud or fraudulent misrepresentation;


14.3.3 Limit any liabilities in any way that is not permitted under applicable law; or


14.3.4 Exclude any liabilities that may not be excluded under applicable law


15. Modification and Notice


15.1 You agree that FastMend may modify these Terms and Conditions and any other policies on our Site at any time and that posting the modified Terms and Conditions or policies on our Site will constitute sufficient notice of such modification.


16. Severability 


16.1 If any provision of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.


17. Applicable Law


17.1 Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of United Kingdom without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of United Kingdom in respect of any disputes arising in connection with the website, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith.


18. Policy Updated Date


Posted: 01 August 2016
Previous Version: None
Effective for new and current users immediately, supersedes all previous versions.


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