What’s in these terms?
These terms apply to the use of our website www.austinmoore-proactive.com (Proactive Site).
Who we are and how to contact us
Proactive is a trading style of Austin Moore & Partners LLP (AMP). The Proactive Site is a site operated by AMP. AMP is a limited liability partnership, registered with number OC383149, whose registered office is at 7 The Ropewalk, Nottingham NG1 5DU. Our VAT Number is GB 161 0800 51
To contact us, please email us at email@example.com.
By using our site, you accept these terms
If you do not agree to these terms, you must not use the Proactive Site.
We recommend that you print a copy of these terms for future reference.
There are other terms that may apply to you
There are other additional terms which also apply to your use of the Proactive Site:
• Our Privacy, Data Protection and Cookies Policy which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Proactive Site, you consent to such processing and you warrant that all data provided by you is accurate;
• If you subsequently engage our services via the Proactive Site, our terms of business will apply. We will advise you of these separately as part of our client engagement process.
We may make changes to these terms and our site
We may update and change these terms and the Proactive Site from time to time for a variety of reasons. By way of examples: to reflect changes to the services we offer, user’s needs, regulatory or legal requirements. Every time you wish to use the Proactive Site, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on 1 March 2018.
We may suspend or withdraw our site
The Proactive Site is made available free of charge.
We do not guarantee that the Proactive Site, or any content on it, will always be available, uninterrupted or fault free. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
You must keep your account details safe
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. You must not disclose it to any third party.
If you know or suspect that anyone other than you know your user identification code or password, you must promptly notify us at firstname.lastname@example.org
How you may use material on our site
We are the owner or the licensee of all intellectual property rights in the Proactive Site, the trading styles, logos and names displayed, and the material/ content published on it (unless otherwise indicated). Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your business (if you are a business user) to content posted on the Proactive Site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on the Proactive Site must always be acknowledged.
You must not use any part of the content on the Proactive Site for commercial purposes without obtaining a licence to do so from us or our licensors.
Reliance on information on the Proactive Site
The content on the Proactive Site is provided for information only. It does not constitute advice. Our advice should be sought before taking any action on the basis of any information provided on the Proactive Site.
To the fullest extent permitted by law, we make no representation, warranty or guarantee that the Proactive Site will meet your requirements, that it will not infringe the rights of third parties or that it will be compatible with all software and hardware, or that it will be secure.
Although we make reasonable efforts to update the information on the Proactive Site, we make no representations, warranties or guarantees, whether express or implied, that the content on the Proactive Site is complete, accurate or up to date.
We are not responsible for websites we link to
Where the Proactive Site has links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources.
Our responsibility for loss or damage suffered by you
Whether you are a consumer or a business user:
• We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
• Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any services we supply to you which will be set out in our terms and conditions of business in the event that you instruct us to act on your behalf.
If you are a business user:
• We exclude all implied conditions, warranties, representations or other terms that may apply to the Proactive Site or any content on it.
• We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
• use of, or inability to use, the Proactive Site;
• use of or reliance on any content displayed on the Proactive Site.
In particular, we will not be liable for:
• loss of profits, sales, business, or revenue;
• business interruption;
• loss of anticipated savings;
• loss of business opportunity, goodwill or reputation; or
• any indirect or consequential loss or damage.
If you are a consumer user:
• If you are a consumer, please note that we only provide the Proactive Site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
• If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
Uploading data to the Proactive Site
Whenever you make use of a feature that allows you to submit an enquiry and upload data to the Proactive Site, we will comply with our Data Protection, Privacy and Cookies Policy.
We do not permit you to make any postings to the Proactive Site without our express written consent.
Viruses, Malware and Security
We will exercise all reasonable skill and care to ensure that the Proactive Site is secure and free from viruses and other malware.
You are responsible for protecting and configuring your information technology, computer programmes and platform to access the Proactive Site. You should use your own virus protection and security software.
You must not misuse the Proactive Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Proactive Site, the server on which the Proactive Site is stored or any server, computer or database connected to the Proactive Site. You must not attack the Proactive Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We may 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 the Proactive Site will cease immediately.
Rules about linking to the Proactive Site
You must not establish a link to the Proactive Site without our express written consent.
You may only use the Proactive Site in a manner which is lawful and complies with this section . Specifically:
• You must comply fully with all applicable local, national or international laws and/or regulations;
• You must not use the Proactive Site in any way or for any purpose that is unlawful or fraudulent;
• You must not use the Proactive Site to knowingly send or transmit date that contains any form of virus or other malware, or any other code designed to adversely affect the computer hardware, software or data of any kind;
• You must not use the Proactive Site in any way or for any purpose, that is intended to harm any person or persons in any way.
When submitting data to us you must not submit communicate or otherwise do anything that:
• Is sexually explicit;
• Is obscene, deliberately offensive, hateful or otherwise inflammatory;
• Promotes violence;
• Promotes or assists any unlawful activity;
• Discriminates against or in any way defamatory of, any person group or class of persons, race, gender, religion, nationality, disability, sexual orientation or age;
• Is intended or otherwise likely to infringe another person’s rights to privacy;
• Misleadingly impersonates any person or otherwise misrepresents your identity;
• Infringes our intellectual property rights;
• Otherwise breaches any legal duty.
Which country’s laws apply to any disputes?