Terms of Use

Last updated June 2009

This is the official website of Martin & Co. The purpose of the Site is as an information-only website for Martin & Co to provide information about its services, products, contact details, latest news and location.

Purpose of these Terms

These Website Terms of Use (“Terms”) are the legally binding terms on which access to the website located at www.martin-and-co.com, www.martins-and-co.com, www.martinandbaskett.com, www.martin-and-co.co.uk, www.martins-and-co.co.uk, www.martinandbaskett.co.uk and www.martinthejeweller.com (and any sub-domains thereof) (the “Site”) is granted to users of the Site (“you”, “your”) by the proprietor of the Site, Martin and Company Limited, a company registered in England and Wales under company number 00124649 whose registered address is at 19 The Promenade, Cheltenham, Gloucestershire GL50 1LP (“Martin & Co”, “we”, “us”, “our”). Martin & Co can be contacted by email to info@martin-and-co.com or via the online enquiry form on the Site.

Access to the Site constitutes your acceptance of these Website Terms of Use, which are in force from the date of your first access to the Site.

Permitted use of the Site

You are generally permitted to use the Site for the purposes of:

reviewing and accessing information about the services and products offered by Martin & Co, including downloading of brochures featuring such products and considering whether you would like to purchase such products or services.
requesting further information relating to our services and products. This will necessitate completion and submission of your personal contact details, messages and other information via the Site or email. All personal data submitted by you to us will be used, stored and processed in accordance with the Data Protection Act 1998 and the Privacy Policy which is available on the Site.

You are granted permission to access, view and print one copy of the content on the Site for your personal, non-commercial use, provided that you reproduce such material accurately and do not use it in a misleading context and you do not modify any materials or web content on the Site in any way or reproduce them for any public or commercial purpose. You agree not to remove any copyright notices, trade mark and/or logos that appear on any copied screens and such notices must remain on the copies.

Unauthorised use of the Site

You may not use the Site or its contents for any purpose other than specifically permitted in these Terms without the express written permission of Martin & Co, or the relevant third party if such content is owned by a third party (“Third Party Content”). You must obtain authorisation to reproduce Third Party Content, including material on the Site and material accessible via any Third Party Site, from the relevant third parties concerned.

You must not permanently store or otherwise copy any Third Party Content for wider distribution or commercial gain, without the express permission of the relevant third party. Martin & Co will not be responsible for obtaining such permission for you.

You warrant and undertake that you will not do, attempt to do or permit any others to do any of the following:

modify, translate, create derivative copies of or copy any aspect of the Site including the html code, cgi scripts, images, and other graphic content except as permitted in these Terms;
submit, upload, post or otherwise introduce (nor attempt to) any material to the Site that is libellous, obscene, threatening, abusive or that violates any copyright, trade marks, design rights, patents, database rights or other proprietary rights whether unregistered or registered anywhere in the world (“Intellectual Property Rights”) of any third party;
reverse engineer, decompile, disassemble or otherwise tamper with any material on the Site;
distribute, sub-license, assign, share, timeshare, sell, rent, lease, grant a security interest in or otherwise grant any rights in, or purport to grant any rights in the Site or any part of it to a third party;
direct or distribute unsolicited email (SPAM) to, from or via the Site;
interfere or attempt to interfere with the operation of the Site or its component parts including the Service in any way whatsover including overloading, flooding, mailing, bombing, crashing or hacking all or part of the Site’s content or deleting or changing any of the Site’s content;
use the Site for any unlawful purpose; or
use the Site in any manner not expressly authorized or envisioned by us or in a way which may bring us into disrepute.

Intellectual Property Rights

All Intellectual Property Rights in the Site including without limitation all trade marks and copyright in the content, graphics, images, illustrations, photographs, logos, data, html code, information or benefits relating to the same, are owned by Martin & Co or licenced to Martin & Co by a third party.

Nothing in these Terms shall confer any ownership of any Intellectual Property Rights in the same on you and you may only use the contents of the Site in accordance with these Terms. In particular, copying, reproduction, distribution, adaptation or modification of all or any part of the Site is strictly prohibited without the prior written permission of Martin & Co Limited or in accordance with the Copyright Designs and Patents Act 1988 unless otherwise permitted by these Terms.

The trade name Martin & Co and any associated logos are trade marks of Martin & Co Limited. Martin & Co owns copyright in all associated logos, screen interfaces, text, illustrations and photographs containing the logo on the Site.

Privacy

We may collect and store personal identifiable information about you when you visit the Site. This information may include, but is not limited to, details such as your name, address, telephone number, fax number, URL, domain name, I.P. address, company name, job title or email address. We may use this information to contact you or your company about our services from time to time. We may also collect and store information about you to improve the Site and improve user interaction based on the information collected.

Any personal data that we collect will be processed in accordance with the principles of the Data Protection Act and our Privacy Policy. In the event of any conflict between the provisions of this clause and our Privacy Policy, the terms set out in the Privacy Policy will apply.

Links to external websites

The Site incorporates links to other websites (“Third Party Sites”) designed, maintained and operated by third parties. Martin & Co has not reviewed the Third Party Sites which are provided for your convenience only, and we are not responsible for the content or availability of these Third Party Sites. If you decide to use a link to a Third Party Site you will leave the Site and do so at your own risk.

Links to Third Party Sites do not imply that Martin & Co endorses, is affiliated or associated with, or is legally authorised to use any trade mark, trade name, logo or copyright work displayed in or accessible through the Third Party Sites or that any linked site is authorised to use any trade mark, trade name, logo or copyright of Martin & Co.

Limitation of liability

Whilst nothing will exclude or restrict our liability for fraudulent misrepresentation and/or for death or personal injury arising as a result of our negligence, we will not be liable to you whether in contract, tort, by statute or otherwise in respect of any loss of profits and/or for any special, indirect, incidental or consequential loss or damage arising out of or in connection with your use of the Site, or information contained on the Site, including without limitation: loss of revenue, loss of anticipated savings, loss of business and/or goods, loss of goodwill, loss of use, loss and/or corruption of data and/or other information or benefits. For the avoidance of doubt, neither the types of loss and/or damage specified above nor any similar types of loss and/or damage shall constitute direct loss for the purposes of this Agreement.

Information disclaimer

This Site and any information, data, view or opinions provided by Martin & Co on the Site are simply intended to be informative and are provided on an “as is” and “as available” basis and without any warranties of any kind whether express or implied. To the maximum extent permitted by law, we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.

We use reasonable efforts to ensure the accuracy, correctness and reliability of the content of the Site, but we make no representations or warranties as to the accuracy, correctness or reliability of any content. By accessing and using the Site, you acknowledge that your use of the Site and any reliance which you place on any information, data, views or opinions obtained from the Site will be entirely at your own risk. We accept no liability for any errors or omissions on the Site.

Indemnity

You will fully indemnify and keep us indemnified against all losses and damages (including loss of profits, special, indirect, incidental or consequential loss or damage, loss of goodwill and any reasonable legal costs or sums paid in settlement of any claim or proceedings brought against us by a third party) arising due to any breach of these Terms (including a breach of any warranties) by you and also in the event of any claim or legal proceedings brought or threatened against us by a third party as a result of your actions.

Restrictions of the Internet

You acknowledge that:

we have no control over the Internet which is a global decentralised network of computer systems. Accordingly, access to the Site shall not be error free or uninterrupted and may be variable; and
information, benefits and other material accessible over the Internet, including via the Site may contain computer viruses, worms, Trojan horses, cancelbots, or other harmful and destructive components. We are not liable and will not be liable for any direct, indirect, incidental or other loss or damages which result or may result from your access to or use of the Internet. We strongly recommend that you maintain sufficient and updated anti-virus benefits on any hardware used to access the Site and/or access material on the Site.

Downtime

Every effort is made to ensure the continuity of the Site, but some occasional technical downtime beyond our control may occur. Such downtime may prevent you from accessing the Service on the Site for the duration of the down time. We shall not be liable if your access to the Service via the Site is delayed or prevented by any cause beyond our control including, for the avoidance of doubt, hosting server downtime.

Termination

If you breach any of these Terms, your authorisation to use the Site automatically terminates and you agree that you will immediately destroy any materials that you have downloaded or printed from the Site. In any event, any breach of these Terms will entitle us to immediately terminate your use of the Site without notice.

Amendments to these Terms

We reserve the right at any time and without notice to amend or alter these Terms and all content on this Site. We will post the amended Terms on the Site. Any such changes will be effective immediately on being posted to the Website and legally binding on you from when you first access the Site after their posting. We recommend that you review them from time to time to make sure you are aware of any changes.

General

No provision of these Terms shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not party to it.

We may assign our rights or obligations under these Terms at anytime. You may not assign your rights or obligations under these Terms without our prior written consent.

A waiver or deemed waiver by Martin & Co of any provision of these Terms will not constitute a waiver nor affect the enforceability of the remaining provisions of the Terms.

If any provision in these Terms is found to be invalid or unenforceable by any authority having competent jurisdiction, such invalidity or unenforceability will not affect the validity of the remaining provisions of these Terms will remain in full force and effect.

Governing law

The Site is intended for access and use by persons in England and Wales only. We do not represent or warrant that the Service complies with the regulatory regime of any other country. If you access the Site from other locations outside England and Wales you do so entirely at your own risk and you are responsible for compliance with local laws.

These Terms shall be interpreted in accordance with and governed by the law of England and Wales and the parties shall submit to the exclusive jurisdiction of the English courts.