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 Terms and Conditions                      



16/01/2009

1.    Who operates this website   

1.1    This website had been designed, developed and operated by Firefly Online Ltd

1.2    Data on the website is entered by Users approved by the Client

1.3    Content onthe website is viewed by Users approved by the Client

2.   Licence to use the website

Firefly Online Ltd grants you a non-exclusive licence to use this website upon the following Terms & Conditions. 

3.   Materials in the website

3.1     This website contains material which is owned by or licensed to Firefly Online Ltd. This material includes, but is not limited to, the design, layout, look, functionality, appearance and graphics. It is protected by intellectual property laws including, but not limited to, copyright, trade marks database rights and other intellectual property rights in the materials.

3.2     You may view, use, download and store the material on this website for personal and research use only in accordance with the terms of the Privacy Policy detailed in Part B below.

3.3     Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

4.   Accuracy of Information

4.1    The information on this website is given in good faith and is subject to:

         (a)     change without prior notice; and

         (b)     the Privacy Policy detailed in Part B below.

4.2    Firefly Online Ltd  is not responsible for any inaccuracies and (except as set out under Clause 7 below for use of this website') make no representation and give no warranty as to its accuracy.

4.3    Firefly Online Ltd does not accept responsibility as to the data or information (entered by other Users) on this website.

5.   Acceptable Use

5.1    You may only use this website in accordance with terms and condition and, in any event, for lawful and proper purposes which includes complying with all applicable laws, regulations and codes of practice within the UK or other jurisdiction from which you are accessing this website.

5.2    You agree that you will not:

a)      post transmit or disseminate any information on or via the website which is or may be  harmful, obscene, defamatory or otherwise illegal;

b)      use this website in a manner which causes or may cause an infringement of the rights of any other;

c)      make any unauthorised, false or fraudulent booking;

d)      use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of this website including but not limited to uploading or making available files containing corrupt data or viruses via whatever means;

e)      deface, alter or interfere with the front end ‘look and feel’ of this website or the underlying software code;

f)       take any action that imposes an unreasonable or disproportionately large load on this website or related infrastructure;

g)      obtain or attempt to obtain unauthorised access, via whatever means, to any of our networks.

 5.3    Firefly Online Ltd without prejudice to any of its’ other rights (whether at law or otherwise), reserves the right to deny you access to this website where it believes (in its absolute discretion) that you are in breach of any of these terms and conditions.

6.    Links

6.1    This website contains links to other websites. Further to the Privacy Policy in Part B below, Firefly Online Ltd accepts no responsibility or liability for the content of other websites which are not under its strict control. Any link is not intended to be, nor should be construed as, an endorsement of any kind by Firefly Online Ltd of that other website.

6.2    You may not create a link to this website from another website or document without the prior written consent of Firefly Online Ltd.

7.   Limitation of Liability for use of this website

7.1    Firefly Online Ltd does not guarantee that use of this website will be compatible with all hardware and software which may be used by visitors to the website.

7.2    Except as set out in Clause 8 below (Exceptions), Firefly OnlineLtd and/or the Content Providers shall be under no liability to you whatsoever whether in contract, tort, (including negligence), breach of statutory duty, restitution or otherwise for any injury, death, damage or direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and like loss) howsoever caused arising out of or in connection with the use of this website or the use, accessing, downloading or relying on any information or other materials contained in this website, including, without limitation, as a result of any computer virus.

 8.   Exceptions

8.1    These terms and conditions do not exclude liability (if any) to you for personal injury or death resulting from our negligence, for fraud or for any matter which it would be illegal for fairness to exclude or to attempt to exclude its liability.

9.   Privacy

9.1    The website Privacy Policy can be seen in Part B below at the bottom of this page. This privacy policy forms part of these terms and conditions.

10.  Indemnification

10.1    You agree to indemnify, defend and hold Firefly Online Ltd and/or the Content Providers harmless from any liability, loss, claim and expense (including reasonable legal fees) related to your breach of these terms and conditions.

 11.  Changes to this website

11.1  Firefly Online may:

(a)     make improvements or changes to the information, services, products and other materials on this website

(b)     modify these terms and conditions at any times, and such modification shall be effective immediately upon posting of the modified terms and conditions on this website. Accordingly, your continued access or use of this website is deemed to be your acceptance of the modified terms and conditions.

12. Company Warranty 

12.1    Firefly Online Ltd will ensure that it and its employees and representatives use all reasonable skill and diligence in the performance of the Services.

12.2    Firefly Online Ltd gives no warranty as to the accuracy or composition of the whole or any part of the Data or the Deliverables although the company has responsibility to use reasonable skill and diligence in the performance of its duties.

12.3    Firefly Online Ltd shall not be liable to the Client for any loss or damage whatsoever or howsoever caused, whether direct, indirect or economic loss (including loss of profit, business, revenue, goodwill or anticipated savings or other economic loss or damage) arising from:

12.4    Any inaccuracy of the whole or any part of the Data or Deliverables or any use of or reliance upon any of them, in whole or in part; or

12.5    Late or non-performance of the Services or Supplemental Services or otherwise, except to the extent to which it is unlawful to exclude any such liability under any applicable law.

12.6    In the event that any exclusion or limitation of liability contained in this Agreement shall be held to be invalid for any reason and Firefly Online Ltd becomes liable to the Client for loss or damage that may lawfully be limited, such liability shall be limited to the level of the Fees paid by the Client in the preceding 12 months.

12.7    Notwithstanding any other provision within this Agreement, the Company does not exclude or limit in any way its liability for death or personal injury caused as a result of the negligence of the Company or its employees, agents or authorised representatives.

13. Clients Warranty

13.1    The Client warrants, represents and undertakes to Firefly Online Ltd that it shall keep the Deliverables confidential and use them only as permitted indicated by the proposal. And that it shall take all necessary precautions to ensure that no unauthorised use is made of (and that no unauthorised person gains access to) them, in whole or in part save where there is a statutory obligation to disclose.

13.2    The Client acknowledges that any and all of the copyright, database right, trade marks, trade names, and other intellectual property rights subsisting in or used in connection with the Deliverables shall be and remain the sole property of Firefly Online Ltd.

14. Term & Termination

14.1    In respect of each Service specified on the Proposal, this Agreement shall continue in force for period outlined within our Proposal.

14.2    Firefly Online Ltd may, by immediate notice in writing to the Client, terminate this Agreement if any of the following events shall occur:

a)    Any outstanding Fees are not paid within 45 days of the invoice:

b)    The Client is in breach of any other obligation under this Agreement and where such breach is capable of remedy, fails to remedy it within 30 days of written notice of the breach from Firefly Online Ltd

15. Force Majeure

15.1    Neither the Client nor Firefly Online Ltd shall be under any liability to the other in respect of anything which, apart from this provision, may constitute breach of this Agreement arising by reason of circumstances beyond its reasonable control, which shall include (but shall not be limited to) acts of God, perils of the sea or air fire, flood, drought, explosion, sabotage, terrorism, war, accident, embargo, labour disputes, riot, civil commotion, acts of local government and parliamentary authority.

16.  Complete Agreement

16.1  These terms and conditions (including the Privacy Policy in Part B below) contain all the terms which you have agreed with Firefly Online Ltd  in relation to the use of the website.

16.2  Your continued use of this website indicates your acceptance of these terms and conditions.

17.  Governing Law and Jurisdiction

17.1  The material on this website is aimed at UK organisations.

17.2  These terms and conditions, your use of the website or any dispute in relation to the materials contained on this website shall be governed by and construed in accordance with English law. The English courts shall have exclusive jurisdiction to settle any disputes which may arise out of or in connection with these terms and conditions or use of the website. 

 

Privacy Policy – PART B

1.   Cookies

1.1        Cookies are used to enable a website to 'remember' whether a user has visited the site before.  Cookies and the logging of Internet Provider (IP) addresses are used to allow Firefly Online Ltd or web hosting provider to monitor the site traffic and record how many people are accessing the site, when and how.  These statistics do not include any information that can be used to identify any individual.

1.2        Cookies are also used to store temporary information as a user moves from page to page within a site (items in a shopping basket etc.). Such cookies are erased when the user session ends. This information is converted to number format for statistical purposes, and all information relating to the individual is erased when the user session is ended.

1.3        Users can set their browser not to allow cookies to be stored in their computer. To do this, please follow the instructions provided with your web browser software.  This may/may not affect the functionality of the use of this website.

2.   Copyright

2.1        All material on these pages, unless provided by another URL, including text, logos, icons, photographs and all other artwork, is copyrighted material unless otherwise stated. Excluding logos, icons and all other artwork, permission is granted to electronically copy and print, in hard copy, portions of this site solely for Client use, provided that no changes are made to the material.

2.2        Commercial use and/or publicity of this material is not permitted.

3.   Disclaimer

3.1        Whilst every effort is made to keep the information contained on this web-site accurate, none of the Firefly Online Ltd or the web hosting provider, nor any of their employees, contractors or agents are responsible or liable for any claim, loss or damage which might arise from the use of the information on this site.

3.2        Firefly Online Ltd or the web hosting provider  make no representations or warranties that use of this web site, or materials downloaded from it, will not cause computer virus infection or other damage to property. You are advised to take your own precautions to ensure that you have adequate measures to prevent any such problems.  It is always wise to run an anti-virus program on all material downloaded from the Internet.

4.   Links to other sites

4.1        Certain links in this site will take you outside our site to an external web address.  These links will all open in a new browser window to allow you to navigate to the external site, by closing the browser window you will be returned to the this website. 

4.2        Firefly Online Ltd will make every effort to ensure that the links provided by this web-site to other web-sites are relevant and provide useful information. 

4.3        These links are provided for your convenience and the inclusion of any link does not imply endorsement or approval by Firefly Online Ltd or the web hosting provider of the linked site(s). 

4.4        Firefly Online Ltd or the web hosting provider cannot vouch for the accuracy of any of the external sites linked to, or guarantee that these links will work all of the time as we have no control over the availability of the linked pages.

4.5        Each of these linked sites maintains its own independent privacy and data collection policies and procedures. If you visit a website that is linked from our site, you should consult that site's privacy policy before providing any personal information.