1. Accessing our site
1.1. By accessing our site you confirm that:
1.1.3. you accept and agree to comply with our Cookies Policy.
1.2. Access to our site is permitted on a temporary basis and we reserve the right to withdraw or amend access to our site or any services we provide on our site without notice. As we do not charge you for accessing our site, we will not be liable to you if for any reason our site is unavailable at any time or for any period.
1.3. Before you can access certain parts of our site, or our entire site, you may be required to complete a registration process by providing the information requested in a form. You must provide information which is complete, accurate, up-to-date and not misleading. We may rely on any information provided by you so it is important you comply with this requirement. You must tell us promptly about any changes to the information that you have provided to us.
2. Ownership of OUR SITE and site content
2.1. We are the owner or the licensee of all Intellectual Property Rights in our site and in the material published on it (including the Site Content). The Intellectual Property Rights in our site and those materials are protected by laws and treaties around the world and all such rights are reserved by us.
2.2. We grant you a revocable, non-exclusive, non-transferable, non-sub-licensable, limited right to access, retrieve and display our site and the Site Content on a computer screen, tablet or smartphone. You may print off one copy, and may download extracts, of any page from our site for your own use and reference only, provided that you do not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you do not use any illustrations, photographs, video, audio or graphics separately from any accompanying text.
2.3. Other than as set out in condition 2.2 above, you may not use, copy, reproduce, upload, post, modify, transmit, or mirror on another website or in any other media, distribute or create derivative works of our site or any Site Content. Other than as set out in condition 2.2 above, we do not grant you any rights or licenses to use our site or any Site Content.
2.4. Our status (and that of any identified contributors) as the authors of material (including the Site Content) on our site must always be acknowledged.
2.6. You acknowledge that the names, images and logos identifying “Doherty Associates” and “Doherty IT Solutions”, our affiliated companies, our licensors and their products and services are owned by us, our affiliated companies or our licensors. You may not use them without the prior written consent of us (and our affiliated companies and/or our licensors (where applicable).
3. Reliance on information posted
3.1. Commentary and information posted on our site is not intended to amount to advice on which reliance should be placed. Subject to condition 4.1, we shall not be liable for any loss or damage arising as a result of such reliance by you or any third party.
3.2. We aim to update our site regularly, and may change the Site Content at any time. Any of the material (including the Site Content) on our site may be out of date at any given time, and we are under no obligation to update such material.
4. Our liability
4.1.1. death or personal injury arising from our negligence;
4.1.2. our fraud or fraudulent misrepresentation; or
4.1.3. any other liability that cannot be excluded or limited by English Law.
4.2. Subject to condition 4.1, you use our site at your own risk. Our site and the Site Content is provided without any guarantees, conditions or warranties of any kind. We do not warrant that the functions contained in our site will be uninterrupted or error-free, that defects will be corrected, or that the Site Content will be accurate, relevant or appropriate for your circumstances, purposes or requirements.
4.3. Subject to condition 4.1 to the fullest extent permitted by law, we expressly exclude:
4.3.1. all conditions, warranties, representations and other terms which might otherwise apply to your use of our site and/or any Site Content, whether express or implied by statute, the common law or the law of equity;
4.3.2. 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, the use of or reliance on any Site Content, or use of any websites linked to it, howsoever arising and whether caused by breach of contract, tort (including negligence) or otherwise.
4.4. Whilst we will use reasonable endeavours to ensure Site Content and any software and/or data made available on or through our site does not contain any viruses or harmful code, you understand and agree that any Site Content, software and/or data downloaded or otherwise obtained through the use of our site is downloaded and used at your own discretion and risk. Subject to condition 4.1, you acknowledge and agree that you will be solely responsible for all loss and damage, including without limitation damage to your own computer system and loss of data arising in connection with the download of such Site Content, software and/or data.
4.5. Where our site contains links to other websites and resources provided outside the www.doherty.co.uk domain, such links are provided for your information only. Such links are not and should not be interpreted as endorsement by us of those linked websites. We are not responsible for the privacy practices or content of any such linked websites.
4.6. Reference to third party products, services, companies and websites on our site is for information purposes only and constitutes neither an endorsement nor a recommendation.
5. Uploading user content to our site
5.1. Whenever you make use of a feature that allows you to upload User Content to our site (including any interactive services provided pursuant to condition 10), or to make contact with other users of our site, you must comply with the Content Standards. You agree to indemnify us and keep us indemnified on demand against all loss and damage suffered by, incurred by or awarded against us arising out of or in relation to User Content which does not comply with the Content Standards.
5.2. We will treat all User Content you post and upload to our site as non-confidential and non-proprietary. You grant us a perpetual, royalty free, non-exclusive licence (including the right to grant sub-licences) to use, copy, distribute, reproduce and publish any and all User Content (including, without limitation, on our site, on other websites and in promotional materials).
5.3. We may disclose your identity to any third party who claims that any User Content posted or uploaded by you defames them, constitutes a breach of their Intellectual Property Rights or breaches their right to privacy.
5.4. Content standards: You represent and warrant on an ongoing basis that you:
5.4.1. are the owner or authorised licensee of all User Content;
5.4.3. will not upload or post User Content that violates applicable law or regulations;
5.4.4. will not upload or post User Content which contains any material which is defamatory, obscene or explicit, threatening, discriminatory, is likely to and/or intended to deceive any person, is confidential to a third party and / or which misrepresents your identity or affiliation with any third party; and
5.4.5. have all required permissions and consents from any third party whose personal information is included in any User Content.
7. Cookies policy
8. Viruses, hacking and other offences
8.1. You must not misuse our site by knowingly introducing viruses or harmful code. 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.
8.2. By breaching condition 8.1, 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.
9. Prohibited uses
9.1.1. You may use our site only for lawful purposes. You may not use our site:
9.1.2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
9.1.3. to send, upload, download, use or re-use any material which does not comply with our Content Standards;
9.1.4. to send, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (i.e. spam); and
9.1.5. for any purpose that in our reasonable opinion damages our reputation or the reputation of our affiliated companies.
10. Interactive services
10.1. We may from time to time provide interactive services on our site, including, without limitation:
10.1.1. chat rooms;
10.1.2. bulletin boards;
10.1.3. comments features,
10.1.4. (together the interactive services and each an interactive service).
10.2. Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated or not and, if so, what form of moderation is used (including whether it is human or technical moderation).
10.3. We are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and subject to condition 4.1 we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our Content Standards, whether the service is moderated or not.
10.4. If you believe that any Site Content or User Content appearing on our site does not comply with our Content Standards then you may notify us and request that such content is removed from our site by emailing email@example.com. Where we are notified of content that does not comply with our Content Standards, we shall remove the relevant content as soon as reasonably practicable following receipt of such notification.
11. Suspension and termination
11.1.1. immediate, temporary or permanent withdrawal of your right to use our site;
11.1.2. immediate, temporary or permanent removal of any User Content uploaded by you to our site;
11.1.3. issue of a warning to you;
11.1.4. bringing legal proceedings against you to recover our losses and damages arising out of or in connection with your breach, including pursuant to the indemnity you give us in condition 5.1 above;
11.1.5. further legal action against you; and/or
11.1.6. disclosure of information by us in respect of the breach to law enforcement authorities as we reasonably believe is necessary.
12. Jurisdiction and applicable law
12.1. The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site. Without prejudice to the foregoing we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
14.6. Entire Agreement:
14.6.3. Nothing in this condition 14.6 limits or excludes any liability for fraud or fraudulent misrepresentation.
15.1. Content means all information, profiles, reports, materials, feedback, data, submissions, ideas, tags, messages, recommendations, text, material, articles, photos, music, videos, posts, comments, responses, e-mail and other content.
15.2. Content Standards means those standards set out in condition 5.4, which you must comply with when posting and uploading User Content.
15.3. Intellectual Property Rights means:
15.3.1. All (i) patents, patent applications and related patent rights (including divisions, continuations, continuations in-part, renewals, reissues, and extensions thereof) and other rights in inventions; (ii) rights associated with works of authorship including moral rights, copyrights and registrationsthereof; (iii) rights relating to the protection of trade secrets and confidential information; (iv) rights relating to the protection of know-how; (v) rights relating to the protection of trademarks, service marks, trade names business names and logos (including rights in goodwill attached thereto); (vi) rights in internet domain names and website addresses; (vii) database rights; (vii) rights in registered and unregistered designs; (viii) semi-conductor topography rights; (ix) other intellectual property rights; and (x) all priority rights related to the foregoing under applicable conventions, in each case subsisting at any time (whether registered or unregistered);
15.3.2. Any pending applications or rights to apply for registrations of any of the rights set out in limb (a) that are capable of registration in any country or jurisdiction; and
15.3.3. Any similar or analogous rights to any of the rights set out in limb (a) in any jurisdiction.
15.4. Site Content means Content that we have uploaded to and posted on our site (including Content provided by other users).
15.5. User Content means all Content posted or uploaded onto our site by you or anyone on your behalf, including, but not limited to, any personal information about you provided by you or collected by us via our site or otherwise.