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Conditions of Use

MCS Control Systems Ltd - Standard Terms and Conditions
 (Your statutory customer rights are not affected)

Definitions
The term 'Company' refers to MCS Control Systems Ltd, Phoenix Park, Bayton Road Industrial Estate, Coventry, West Midlands, CV7 9QN, United Kingdom, and the website located at www.mcscontrolsystems.co.uk. The term 'Customer' refers to the person or company to whom this document is addressed. The term ‘Customer Content’ means material (including without limitation text, images, audio material, video material and audio-visual material) that the ‘Customer’ submits to this website, for whatever purpose.

Introduction
These terms and conditions govern the Customers use of this website. By using this website, the Customer accepts these terms and conditions in full. If the Customer disagrees with these terms and conditions or any part of these terms and conditions, the Customer must not use this website.

Cookies
This website uses cookies.  By using this website and agreeing to these terms and conditions, the Customer consents to the Company’s use of cookies in accordance with the terms stipulated within our privacy policy.

(1) License to use website
(1.1) Unless otherwise stated, the Company and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

(1.2) The Customer may view, download for caching purposes only, and print pages or partial content from the website for the Customer’s own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

(1.3) The Customer may not:

  • Republish material from this website (including republication on another website).
  • Sell, rent or sub-license material from the website.
  • Show any material from the website in public.
  • Reproduce, duplicate, copy or otherwise exploit material on this website for commercial purposes.
  • Edit or otherwise modify any material on the website without prior permission.
  • Redistribute material from this website (except for content specifically and expressly made available for redistribution).
  • Where content is specifically made available for redistribution, it may only be redistributed within the Customer’s organisation.
  • Use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
  • Use this website 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.
  • Conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without the Company’s express written consent.
  • Use this website to transmit or send unsolicited commercial communications.
  • Use this website for any purposes related to marketing without the Company’s express written consent.

(2) Restricted access
(2.1) Access to certain areas of this website is restricted. The Company reserves the right to restrict access to certain areas of this website, or indeed the entire website, at the Company’s discretion.

(2.2) If the Company provides the Customer with a user ID and password to enable the Customer to access restricted areas of the website or other content or services, the Customer must ensure that the user ID and password are kept confidential. 

(2.3) The Company may disable the Customer’s user ID and password without notice or explanation.

(3) Customer Content
(3.1) The Customer grants to the Company a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute Customer Content in any existing or future media. The Customer also grants to the Company the right to sub-license these rights, and the right to bring an action for infringement of these rights.

(3.2) Customer 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 the Customer, the Company or a third party (in each case under any applicable law). 

(3.3) The Customer must not submit any Customer Content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

(3.4) The Company reserves the right to edit or remove any material submitted to this website, or stored on servers used by the Company, or hosted or published upon this website.

(3.5) Notwithstanding the Company’s rights under these terms and conditions in relation to Customer Content, the Company does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

(4) Warranties
(4.1) This website is provided “as is” without any representations or warranties, express or implied. The Company makes no representations or warranties in relation to this website or the information and materials provided on this website. 

(4.2) Without prejudice to the generality of the foregoing paragraph, the Company does not warrant that:

(4.3) This website will be constantly available, or available at all; or the information on this website is complete, true, accurate or non-misleading.

(4.4) Nothing on this website constitutes, or is meant to constitute, advice of any kind. If the Customer requires advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

(5) Limitations of liability
(5.1) The Company will not be liable to the Customer (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • To the extent that the website is provided free-of-charge, for any direct loss
  • For any indirect, special or consequential loss
  • For any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

(5.2) These limitations of liability apply even if the Company has been expressly advised of the potential loss.

(6) Exceptions
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit the Company’s liability in respect of any:

  • Death or personal injury caused by the Company’s negligence;
  • Fraud or fraudulent misrepresentation on the part of the Company
  • Matter which it would be illegal or unlawful for the Company to exclude or limit, or to attempt or purport to exclude or limit, its liability.

(7) Reasonableness
(7.1) By using this website, the Customer agrees that the exclusions and limitations of liability set out in this website disclaimer are reasonable. 

(7.2) If the Customer does not think they are reasonable, the Customer must not use this website.

(8) Other parties
(8.1) The Customer accepts that, as a limited liability entity, the Company has an interest in limiting the personal liability of its officers and employees.

(8.2) The Customer agrees that he/she will not bring any claim personally against the Company’s officers or employees in respect of any losses the Customer suffers in connection with the website.

(8.3) Without prejudice to the foregoing paragraph, the Customer agrees that the limitations of warranties and liability set out in this website disclaimer will protect the Company’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as the Company.

(9) Unenforceable provisions
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

(10) Indemnity
The Customer hereby indemnifies the Company and undertakes to keep the Company indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by the Company to a third party in settlement of a claim or dispute on the advice of the Company’s legal advisers incurred or suffered by the Company arising out of any breach by the Customer of any provision of these terms and conditions, or arising out of any claim that the Customer has breached any provision of these terms and conditions.

(11) Breaches of these terms and conditions
Without prejudice to the Company’s other rights under these terms and conditions, if the Customer breaches these terms and conditions in any way, the Company may take such action as the Company deems appropriate to deal with the breach, including suspending the Customers access to the website, prohibiting the Customer from accessing the website, blocking computers using the Customers IP address from accessing the website, contacting the Customers internet service provider to request that they block the Customers access to the website and/or bringing court proceedings against the Customer.

(12) Variation
The Company may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

(13) Severability
(13.1) If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

(13.2) 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.

(14) Entire agreement
These terms and conditions constitute the entire agreement between the Customer and the Company in relation to the Customers use of this website, and supersede all previous agreements in respect of the Customers use of this website.

(15) Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with current English Law.

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