FULCRUM TERMS OF USE

1. INTRODUCTION

These terms of use govern your use of our website www.wj-fulcrum.co.uk. By using our site you accept these terms of use in full.

Please read the terms and conditions carefully as they affect your legal rights.

If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions, in which case the terms “you” or “your” shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with these terms and use, you must not accept this agreement and may not use the services.

If you disagree with these terms of use or any part of these terms of use, you must not use our sites.

2. INFORMATION ABOUT US

The site is operated by Wilson James Ltd, registered in England (registration number 2269560) whose registered office is at Chalkwell Lawns, 648-656 London Road, Westcliff-on-Sea, Essex SS0 9HR.)

3. ACCESSING OUR WEBSITE

Access to our site is permitted and controlled by Wilson James Ltd and any other authorised party. Wilson James Ltd reserves the right to withdraw or amend the service we provide on our sites without notice. We will not be liable if for any reason our site is unavailable at any time or for any period.

From time to time, we may restrict access to some parts of our sites, or our entire sites, to users who have registered with us.

You are responsible for making all the necessary arrangements 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.

We process information about you in accordance with our Privacy Policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

4. INTELLECTUAL PROPERTY

All content included in this website is the property of Wilson James Ltd, our Affiliates and relevant third parties. We own the intellectual property rights and material on the site. All these intellectual property rights are reserved.

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 of use.

You must not:

If you breach these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

5. ACCEPTABLE USE

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

You must not use our sites 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.

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 sites without our express written consent.

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

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

Breaches of this provision may be 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.

6. RESTRICTED ACCESS AND CONFIDENTIALITY

Access to certain areas of our sites is restricted. We reserve the right to restrict access to other areas of our sites, or indeed the whole sites, at our discretion.

If we provide you with a user ID and password to enable you to access restricted areas of our sites or other content or services, you must ensure that that user ID and password is kept confidential.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

7. USER GENERATED CONTENT

In these terms of use, 'your user content' means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our sites, for whatever purpose.

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

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 us or a third party (in each case under any applicable law).

You must not submit any user content to the sites that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

We reserve the right to edit or remove any material submitted to our sites, or stored on our servers, or hosted or published upon our sites.

Notwithstanding our rights under these terms of use in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our sites.

8. LINKING TO/FROM OUR SITE

You may link to our home page subject to approval by Wilson James Ltd, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but 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.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice.

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

9. ACCURACY AND RELIANCE

Whilst Wilson James Ltd endeavour to ensure that the information on the site is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the sites remains available or that the material on the sites is kept up-to-date.

To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to these sites and the use of these sites (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

10. LIMITATIONS OF LIABILITY

Nothing in these terms of use (or elsewhere on our website) will exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.

Subject to this, our liability to you in relation to the use of our sites or under or in connection with these terms of use, whether in contract, tort including negligence or otherwise, will be limited as follows:

To the extent that the sites and the information and services on the sites are provided free-of-charge, we will not be liable for any loss or damage of any nature;

We will not be liable for any consequential, indirect or special loss or damage;

We will not be liable for any loss of profit, income, revenue, anticipated savings, contracts, business, goodwill, reputation, data, or information;

We will not be liable for any loss or damage arising out of any event or events beyond our reasonable control.

We will not be liable for any loss or corruption of data from our software and database.

11. INDEMNITY

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these terms of use.

12. BREACHES OF THESE TERMS OF USE

Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you or your business from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

13. VARIATION

We may revise these terms of use from time-to-time. Revised terms of use will apply to the use of our website from the date of the publication of the revised terms of use on our website. Please check this page regularly to ensure you are familiar with the current version.

14. ASSIGNMENT

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use.

15. SEVERABILITY

If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

16. EXCLUSION OF THIRD PARTY RIGHTS

The terms of use are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party (Rights of Third Parties) Act 1999.

17. ENTIRE AGREEMENT

These terms of use, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.

18. LAW AND JURISDICTION

These terms of use will be governed by and produced in accordance with English law, and any disputes relating to these terms of use will be subject to the non-exclusive jurisdiction of the courts of England and Wales.