Railcare

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS WHEN USING OUR WEBSITE, WHICH IS SITUATED AT WWW.RAILCARE.COM ("OUR SITE").

These terms and conditions are issued by Railcare Limited (company number 5914785) ("we/us/our").

1 INTRODUCTION

1.1 Our address is at Railcare, Stratford Road, Wolverton, Milton Keynes, Buckinghamshire, MK12 5NT. Our contact details are info@railcare.com. Our VAT number is 899845823.

1.2 These terms and conditions are deemed to include our privacy policy [insert hypertext link to privacy policy] and are collectively known as "these Terms". We process information about you in accordance with this privacy policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

1.3 By accessing any part of our site, you will be deemed to have accepted these Terms in full. If you do not accept these Terms in full, you must leave our site immediately.

1.4 We may revise these Terms at any time by updating this posting. You should check our site from time to time to review the then current version of the Terms, because they are binding on you. Certain provisions of this legal notice may be superseded or supplemented by express legal notices or terms located on particular pages on our site.

1.5 These Terms can only be modified with our prior written consent.

2 LICENCE

2.1 You are permitted to print extracts from our site for the sole purpose of using our site. You must not however copy, transmit, modify, republish, store (in whole or in part), frame, pass-off or link to any material on our site without our prior written consent.

2.2 Unless otherwise stated, the copyright, and other intellectual property rights (including without limitation all trade marks, service marks and trading names) in all material on our site (including without limitation photographs, code, text, files, names and graphical images) are owned by us or our licensors. For the purposes of these Terms, any use of extracts from our site other than in accordance with paragraph 2.1 above for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use our site automatically terminates and you must immediately destroy any downloaded or printed extracts from our site.

2.3 Any rights not expressly granted in these terms are reserved.

3 SERVICE ACCESS

3.1 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.

3.2 Whilst we endeavour to ensure that our site is normally available 24 hours a day, due to the nature of software and the internet, we do not warrant that your access to, or the running of, our site shall be uninterrupted or error-free. We shall not be liable if for any reason our site (in part or otherwise) is unavailable at any time or for any period.

3.3 Access to our site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

4 SECURITY

4.1 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. 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. If you become aware of any unauthorised use of such code or password, you must notify us immediately of such unauthorised use.

5 VISITOR CONDUCT

5.1 You are prohibited from posting or transmitting to or from our site any material:

5.1.1 that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
5.1.2 for which you have not obtained all necessary licences and/or approvals; or
5.1.3 which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
5.1.4 which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

5.2 You may not misuse our site (including, without limitation, by hacking).

5.3 We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of paragraphs 5.1 or 5.2.

5.4 You accept that you are solely responsible for ensuring that your computer system meets all relevant technical specification necessary to use our site and that your computer system is compatible with our site.

6 LINKS TO OTHER WEBSITES

6.1 Links to third party websites on our site are provided solely for your convenience. If you use these links, you leave our site. We have not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to our site, you do so entirely at your own risk.

7 WARRANTY

7.1 Whilst we endeavour to ensure that the information on our site is correct, we do not warrant the accuracy and completeness of the material on our site. We may make changes to the material on our site at any time without notice. The material on our site may be out of date, and we make no commitment to update such material. We also do not warrant that such material will be free from infection, viruses and/or similar code.

7.2 The information provided on our site is for general interest only and does not constitute specific advice.

7.3 The material on our site is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with our site on the basis that, to the maximum extent permitted by law, we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for this legal notice might have effect in relation to our site.

LIABILITY

8.1 Nothing in these Terms will be deemed to exclude or limit in any way our liability:

8.1.1 for death or personal injury caused by our negligence;
8.1.2 under section 2(3) of the Consumer Protection Act 1987;
8.1.3 for fraud or fraudulent misrepresentation; or
8.1.4 for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

8.2 Subject to paragraph 8.1, we will not be liable for any failures due to software or Internet errors or unavailability, or any other circumstances beyond its reasonable control.

8.3 Subject to paragraph 8.1, we accept no liability for any loss suffered as a result of your use of our site or reliance on any information provided on it and exclude such liability to the fullest extent permitted by law.

8.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to:

8.4.1 loss of income or revenue;
.4.2 loss of business;
8.4.3 loss of profits or contracts;
8.4.4 loss of anticipated savings;
8.4.5 loss or corruption of data; or
8.4.6 waste of management or office timehowever arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

9 GOVERNING LAW AND JURISDICTION

9.1 This legal notice shall be governed by and construed in accordance with English law. Disputes arising in connection with this legal notice shall be subject to the non-exclusive jurisdiction of the English courts.

10 NOTICES

10.1 All notices shall be given:10.1.1 to us, by email to info@railcare-uk.com or by post to our address set out on paragraph 1.1 or as may be amended from time to time;
10.1.2 to you, by email to any email address that you may from time to time provide us.

10.2 All notices sent by email will be deemed to have been received on receipt (or, when received on a UK national holiday or on a Saturday or a Sunday, the next working day following the day of receipt). All notice sent by post will be deemed to have been received 3 working days after the date of posting.

11 GENERAL

11.1 We may from to time to time change the content of our site or suspend or discontinue any aspect of our site, which may include your access to it. Subject to us notifying you to the contrary, any amendments or new content to our site will be subject to these Terms.

11.2 These Terms are the whole agreement between you and us. You acknowledge that you have not entered into this agreement in reliance on any warranty or representation made by us (unless made fraudulently). If a court decides that any part of these Terms cannot be enforced, that particular part of these Terms will not apply, but the rest of these Terms will. A waiver by a party of a breach of any provision shall not be deemed a continuing waiver or a waiver of any subsequent breach of the same or any other provisions. Failure or delay in exercising any right under these Terms shall not prevent the exercise of that or any other right. You may not assign or transfer any benefit, interest or obligation under these Terms. The provisions of the Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms.