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Terms and Conditions of Site Use

Switchplane.com and Switchplane.co.uk are owned, operated and made available by Switchplane Ltd ("Switchplane").

1. Application of these conditions of use

By accessing or using any part of the Switchplane web site you agree to be bound by the following conditions of use. If you do not wish to be bound by these conditions, you may not access or use the Switchplane web site.

We may change these conditions at any time without any notice to you. By your continued access and use of the Switchplane web site you agree to be bound by the most current version of the conditions of use. Please check these conditions periodically for any changes that have been made.

2. Copyright and database right

Except where otherwise noted, Switchplane owns legally and beneficially all the intellectual property rights in the content of all the Switchplane web site web pages (including the design, text, graphics and arrangement thereof) and in the software used therein. Such intellectual property rights include, without limitation, copyrights and database rights in the information displayed as the Switchplane web site.

3. Trademarks

"The Switchplane web site" and "Switchplane" are service marks of Switchplane. Switchplane™ is a trademark of Switchplane. All other trademarks, product names and company names or logos cited anywhere on the Switchplane web site are the property of their respective owners.

4. Permitted uses

No materials from the Switchplane web site may be copied, downloaded, reproduced, broadcast, shown or played in public, republished, uploaded, posted, stored, transmitted or distributed in any way or adapted or changed in any way except as is necessary in order to make use of the Switchplane web site.

Switchplane takes active measures to ensure that no unauthorised use or breach of its intellectual property rights is committed.

5. No licence

Except as expressly provided, nothing contained in these conditions or anywhere on the Switchplane web site shall be construed as conferring any licence under any of Switchplane's or any third party's intellectual property rights.

6. Disclaimer of representations and warranties

The Switchplane web site is provided by Switchplane on an "as is" and "as and when available" basis to users. You use the Switchplane web site at your own risk.

Switchplane and its associated content provider organisations make considerable efforts to make information made available via the Switchplane web site as accurate as possible but no warranty or fitness is implied.

Neither Switchplane nor any of its officers, directors, shareholders, employees, affiliates, agents, third party content providers, sponsors, licensers, or the like, makes any representation or warranty or condition, either express or implied, to you:

  • that the Switchplane web site will be uninterrupted or error-free;
  • that the Switchplane web site or the computer server from which the Switchplane web site is made available, are free of viruses or other harmful components;
  • to the accuracy, content, timeliness, completeness, legality, reliability, quality or suitability of any information, advice, content, service, search results, products or merchandise provided through the Switchplane web site.

Switchplane makes and you receive, no representations, warranties or conditions, express or implied, statutory or otherwise with respect to:

  • the Switchplane web site, its content, merchandise, services, documents, information, items or materials provided by Switchplane in connection with the use of the Switchplane web site; or
  • any goods or services or information received through or advertised on the Switchplane web site or received through links provided on the Switchplane web site;

including without limitation no representations, warranties or conditions of merchantability, suitability, fitness for a particular purpose, non-infringement of proprietary rights or otherwise.

No oral advice or written information given by Switchplane or its affiliates, or any of its officers, directors, employees, agents, providers, merchants, sponsors, licensers, or the like, will create a representation, a warranty or condition nor should you rely on any such information or advice.

In jurisdictions that do not allow the exclusion or disclaimer of certain warranties, the above exclusion may not apply to you.

7. Limitation of liability

Neither Switchplane nor its associated content provider organisations seek to limit or exclude liability for death or personal injury arising from their negligence.

Under no circumstances will Switchplane or any of its officers, directors, shareholders, employees, affiliates, agents, sponsors, licensers, or any other party involved in the creation, production, maintenance or distribution of the Switchplane web site be liable for any direct, indirect, incidental, special or consequential damages (including but not limited to loss of profits, business, anticipated savings, goodwill, use of data or other intangible losses) that result from either:

  • the use and reliance on the Switchplane web site; or
  • the inability to use the Switchplane web site; or
  • mistakes, omissions, interruptions, suspension, termination, deletion of files or e-mail, errors, defects, viruses, delays in operation, transmission or service response time, or any failure of performance with respect to the Switchplane web site including without limitation those arising from acts of God, communications failure, theft, destruction or unauthorised access to Switchplane's records, programs or services; or
  • merchandise, products or services received through or advertised on the Switchplane web site and merchandise, products or services received through or advertised on any links provided on the Switchplane web site; or
  • information or advice received through or advertised on the Switchplane web site and information or advice received through or advertised on any links provided on the Switchplane web site; or
  • any information, data, text, messages and other materials that you email, post upload, reproduce, transmit or is otherwise distributed using the Switchplane web site.

Switchplane is unable to ensure or guarantee the security of any information transmitted over the Internet. Any information or data which you transmit to or by using Switchplane is done at your own risk and Switchplane shall not be responsible or liable for any damages or injury that may result from transmitting such information.

If any jurisdiction does not allow the exclusion or limitation of liability for consequential or incidental damages, liability is limited to the fullest extent permitted by law.

8. Miscellaneous

These conditions and any and all documents specifically referenced herein constitute the entire agreement between you and Switchplane with respect to the subject matter hereof. If any provision contained in these conditions is determined by a court of competent jurisdiction to be illegal, invalid or otherwise unenforceable, that provision shall be severed from these conditions and the remaining provisions shall continue in full force and effect.

9. Jurisdiction and governing law

These conditions shall be governed by and construed in accordance with the laws of England. Switchplane controls the Switchplane web site from within the country of England. It can, however, be accessed from other places around the world. Although these places may have different laws from those of England, by accessing the Switchplane web site you agree that the laws of England, without regard to rules relating to conflict of laws, will apply to all matters relating to your use of the Switchplane web site. You and Switchplane also agree to submit to the non-exclusive jurisdiction of the English courts, with respect to such matters. Users of the Switchplane web site accessing it from places outside of England acknowledge that they do so voluntarily and are responsible for complying with local laws.

Contact Information

If users have any questions or suggestions regarding our Terms and Conditions of Site Use, please contact us.

Last revised: 16/10/2007