BACKGROUND:
This agreement applies as between you, the User of this Web Site and Direct Peak Ltd, the
owner(s) of this Web Site. Your agreement to comply with and be bound by these terms and
conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be
bound by these terms and conditions, you should stop using the Web Site immediately.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
“Content” means any text, graphics, images, audio, video,
software, data compilations and any other form of
information capable of being stored in a computer that
appears on or forms part of this Web Site;
“Direct Peak Ltd” means Direct Peak Ltd, Eventus Sunderland Road,
Market Deeping, Peterborough, Lincolnshire, PE6 8FD;
“Service” means collectively any online facilities, tools, services or
information that Direct Peak Ltd makes available through
the Web Site either now or in the future;
“System” means any online communications infrastructure that
Direct Peak Ltd makes available through the Web Site
either now or in the future. This includes, but is not
limited to, web-based email, message boards, live chat
facilities and email links;
“User” / “Users” means any third party that accesses the Web Site and is
not employed by Direct Peak Ltd and acting in the
course of their employment; and
“Web Site” means the website that you are currently using
(https://wwww.directpeak.co.uk) and any sub-domains of
this site unless expressly excluded by their own terms
and conditions.
2. Intellectual Property
2.1 All Content included on the Web Site, unless uploaded by Users, including,
but not limited to, text, graphics, logos, icons, images, sound clips, video clips,
data compilations, page layout, underlying code and software is the property
of Direct Peak Ltd, our affiliates or other relevant third parties. By continuing
to use the Web Site you acknowledge that such material is protected by
applicable United Kingdom and International intellectual property and other
relevant laws.
2.2 Subject to sub-clause 2.3 you may not reproduce, copy, distribute, store or in
any other fashion re-use material from the Web Site unless otherwise
indicated on the Web Site or unless given express written permission to do so
by Direct Peak Ltd.
WEB.03- Website Terms & Conditions
2.3 Material from the Web Site may be re-used without written permission where
any of the exceptions detailed in Chapter III of the Copyright Designs and
Patents Act 1988 apply.
3. Links to Other Web Sites
This Web Site may contain links to other sites. Unless expressly stated, these sites
are not under the control of Direct Peak Ltd or that of our affiliates. We assume no
responsibility for the content of such web sites and disclaim liability for any and all
forms of loss or damage arising out of the use of them. The inclusion of a link to
another site on this Web Site does not imply any endorsement of the sites themselves
or of those in control of them.
4. Links to this Web Site
Those wishing to place a link to this Web Site on other sites may do so only to the
home page of the site https://www.directpeak.co.uk without prior permission. Deep
linking (i.e. links to specific pages within the site) requires the express permission of
Direct Peak Ltd. To find out more please contact us by email at
[email protected].
5. Privacy
Use of the Web Site is also governed by our Privacy Policy which is incorporated into
these terms and conditions by this reference. To view the Privacy Policy, please click
on the link above.
6. Disclaimers
6.1 Direct Peak Ltd makes no warranty or representation that the Web Site will
meet your requirements, that it will be of satisfactory quality, that it will be fit
for a particular purpose, that it will not infringe the rights of third parties, that it
will be compatible with all systems, that it will be secure and that all
information provided will be accurate. We make no guarantee of any specific
results from the use of our Service.
6.2 No part of this Web Site is intended to constitute advice and the Content of
this Web Site should not be relied upon when making any decisions or taking
any action of any kind.
7. Availability of the Web Site
The Service is provided “as is” and on an “as available” basis. We give no warranty
that the Service will be free of defects and / or faults. To the maximum extent
permitted by the law we provide no warranties (express or implied) of fitness for a
particular purpose, accuracy of information, compatibility and satisfactory quality.
Direct Peak Ltd accepts no liability for any disruption or non-availability of the Web
Site resulting from external causes including, but not limited to, ISP equipment failure,
host equipment failure, communications network failure, power failure, natural events,
acts of war or legal restrictions and censorship.
8. Limitation of Liability
8.1 To the maximum extent permitted by law, Direct Peak Ltd accepts no liability
for any direct or indirect loss or damage, foreseeable or otherwise, including
any indirect, consequential, special or exemplary damages arising from the
use of the Web Site or any information contained therein. Users should be
aware that they use the Web Site and its Content at their own risk.
WEB.03- Website Terms & Conditions
8.2 Nothing in these terms and conditions excludes or restricts Direct Peak Ltd’s
liability for death or personal injury resulting from any negligence or fraud on
the part of Direct Peak Ltd.
8.3 Every effort has been made to ensure that these terms and conditions adhere
strictly with the relevant provisions of the Unfair Contract Terms Act 1977.
However, in the event that any of these terms are found to be unlawful, invalid
or otherwise unenforceable, that term is to be deemed severed from these
terms and conditions and shall not affect the validity and enforceability of the
remaining terms and conditions. This term shall apply only within jurisdictions
where a particular term is illegal.
9. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or
remedy contained herein, this shall not be construed as a waiver of that right or
remedy.
10. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior
versions thereof, the provisions of these Terms and Conditions shall prevail unless it
is expressly stated otherwise.
11. Notices
All notices / communications shall be given to us either by post to our Premises (see
address above) or by email to
[email protected]. Such notice will be deemed
received 3 days after posting if sent by first class post, the day of sending if the email
is received in full on a business day and on the next business day if the email is sent
on a weekend or public holiday.
12. Law and Jurisdiction
These terms and conditions and the relationship between you and Direct Peak Ltd
shall be governed by and construed in accordance with the Law of England and
Wales and Direct Peak Ltd and you agree to submit to the exclusive jurisdiction of the
Courts of England and Wales.
