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Terms of Use

Background:

These Terms and Conditions, together with any and all other documents referred to herein, set out the terms of use under which you may use this website, www.terrafirmaidc.co.uk (“Our Site”). Please read these Terms and Conditions carefully and ensure that you understand them. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of Our Site. If you do not agree to comply with and be bound by these Terms and Conditions, you must stop using Our Site immediately.


1. Definitions and Interpretation

1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

“Content” means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site; and

“We/Us/Our” means Terrafirma IDC Ltd (Prev. Terrafirma Mine Searches Limited Ltd) of 2440 The Quadrant, Aztec West Business Park, Bristol BS32 4AQ.


2. Access to Our Site

2.1 Access to Our Site is free of charge.

2.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.

2.3 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.


3. Intellectual Property Rights

3.1 All Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.

3.2 Subject to sub-Clause 3.3, you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Site unless given express written permission to do so by Us.

3.3 You may:

3.3.1 Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);

3.3.2 Download Our Site (or any part of it) for caching;

3.3.3 Print one copy of any page from Our Site;

3.3.4 Download extracts from pages on Our Site; and

3.3.5 Save pages from Our Site for later and/or offline viewing.

3.4 Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.

3.5 You may not use any Content saved or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so. This does not prohibit the normal access, viewing and use of Our Site for general information purposes whether by business users or consumers.


4. Links to Our Site

4.1 You may link to Our Site provided that:

4.1.1 You do so in a fair and legal manner;

4.1.2 You do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;

4.1.3 You do not use any logos or trade marks displayed on Our Site without Our express written permission; and

4.1.4 You do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.

4.2 You may not link to any page other than the homepage of Our Site, https://www.terrafirmasearch.co.uk. Deep-linking to other pages requires Our express written permission.

4.3 Framing or embedding of Our Site on other websites is not permitted without Our express written permission.

4.4 You may not link to Our Site from any other site the main content of which contains material that:

4.4.1 is obscene, deliberately offensive, hateful or otherwise inflammatory;

4.4.2 promotes violence;

4.4.3 promotes or assists in any form of unlawful activity;

4.4.4 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;

4.4.5 is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

4.4.6 is calculated or is otherwise likely to deceive another person;

4.4.7 is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;

4.4.8 misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 4.4);

4.4.9 implies any form of affiliation with Us where none exists;

4.4.10 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trademarks and database rights) of any other party; or

4.4.11 is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

4.5 The content restrictions in sub-Clause 4.4 do not apply to content submitted to sites by other users provided that the primary purpose of the site accords with the provisions of sub-Clause 4.4. You are not, for example, prohibited from posting links on general-purpose social networking sites merely because another user may post such content. You are, however, prohibited from posting links on websites which focus on or encourage the submission of such content from users.


5. Links to Other Sites

Links to other sites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.


6. Disclaimers

6.1 Nothing on Our Site constitutes advice on which you should rely. It is provided for general information purposes only. Professional or specialist advice should always be sought before taking any action relating to wills, probate or estate administration.

6.2 Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.

6.3 We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.


7. Our Liability

7.1 To the fullest extent permissible by law, We accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content included on Our Site.

7.2 To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content included on Our Site.

7.3 If you are a business user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.

7.4 We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware. We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content from it) or any other site referred to on Our Site.

7.5 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.

7.6 Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.


8. Viruses, Malware and Security

8.1 We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.

8.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.

8.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.

8.4 You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.

8.5 You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.

8.6 By breaching the provisions of sub-Clauses 8.3 to 8.5 you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.


9. Acceptable Usage Policy

9.1 You may only use Our Site in a manner that is lawful. Specifically:

9.1.1 you must ensure that you comply fully with any and all local, national or international laws and/or regulations;

9.1.2 you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;

9.1.3 you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and

9.1.4 you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.

9.2 We reserve the right to suspend or terminate your access to Our Site if you materially breach the provisions of this Clause 9 or any of the other provisions of these Terms and Conditions. Specifically, We may take one or more of the following actions:

9.2.1 suspend, whether temporarily or permanently, your right to access Our Site;

9.2.2 issue you with a written warning;

9.2.3 take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;

9.2.4 take further legal action against you as appropriate;

9.2.5 disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or

9.2.6 any other actions which We deem reasonably appropriate (and lawful).

9.3 We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms and Conditions.


10. Privacy and Cookies

Use of Our Site is also governed by Our Privacy & Cookies Policy, available from here. These policies are incorporated into these Terms and Conditions by this reference.


11. Changes to these Terms and Conditions

11.1 We may alter these Terms and Conditions at any time. Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented. You are therefore advised to check this page from time to time.

11.2 In the event of any conflict between the current version of these Terms and Conditions and any previous version, the provisions current and in effect shall prevail unless it is expressly stated otherwise.


12. Contacting Us

To contact Us, please email Us at info@terrafirmasearch.co.uk or using any of the methods provided on Our contact section of the home page here.


13. Data Protection

Any and all personal information that We may collect will be collected, used and held in accordance with the provisions of the Data Protection Act 2018 and your rights and Our obligations under that Act.


14. Law and Jurisdiction

14.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.

14.2 If you are a consumer, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

14.3 If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.


These Terms of Use were last updated on 01st June 2020 v1.2


Terrafirma Order Website Terms of Use


By remaining on this website and using Terrafirma’s Order Site, you acknowledge and agree to the Terms of Use set out below.


You and us

These Terms of Use govern the relationship between you and Terrafirma IDC Ltd (“Terrafirma”) when you access and use the Order Website at: https://www.terrafirmaidc.co.uk/order (and any subsequent sub-domain) (the "Order Website") which is solely for the purpose of ordering a product and/or service from Terrafirma.


Changes

We may update or amend these Terms of Use (https://www.terrafirmaidc.co.uk/terms_of_use) every so often and any changes will be posted on the Order Website for you to accept. It is your responsibility to ensure you review these Terms of Use regularly to familiarise yourself with any changes. We will not file or store a copy of these Terms of Use for each interaction or transaction by you via the Order Website.


Precedence

If we ask you to agree to other terms and conditions concerning the sale, use of services and/or products, and there is any inconsistency between these Terms of Use and any such terms and conditions, the latter terms and conditions will apply.


Intellectual Property

Unless otherwise stated, you agree that the copyright and other intellectual property rights in all material on this Order Website is owned by our licensed third-party providers or us.


Purpose

You will not use this Order Website for any other purpose other than for ordering one of our products or services. We can suspend, restrict or terminate your access to the Order Website or any part of it at any time at our sole discretion.

No copying, printing or downloading of any part of this Order Website or any extract from it, shall be permitted, for any purpose, without our express written consent.

You will not use the Order Website in any way that may lead to unlawful activity or do anything that may cause damage to the Order Website, our servers, systems or equipment or those of third parties, nor access any users' data or penetrate or circumvent any Order Website security measures or attempt to do any such acts.


Registration

You will complete the registration form fully, and that all information provided is up to date, true, accurate and complete. We reserve the right to suspend or terminate your access to the Order Website or block your ability to place orders in the event of any breach of this condition.

You agree that log-in details for this account are for a single user only. We do not permit you to share your username and password with any other person nor with multiple users on a network. It is your responsibility to maintain the confidentiality of your password and that you are responsible for all activity that occurs under your username and password. We will not be liable where your password is used by someone else. You should notify us immediately of any unauthorised use of your password and any breach of security as soon as you become aware of it. To request more accounts, please use the request account function on the login page, or get in touch with a member of the team.


Availability & Errors

We try to ensure this Order Website is available 24 hours a day. However, we can't promise that it is available, uninterrupted and wholly operating at all times. We will not be liable to you or to any other person if all or any part of the Order Website is unavailable, discontinued, modified or changed, has errors or omission, in any way and for any reason.


Submitting Material

You may want to submit content on the Order Website where the Order Website functionality allows for this ("User Content"), you agree that any User Content, is subject to the following terms:

  • You own the rights to or have permission to use the User Content.
  • You acknowledge that the contents of any User Content other than personal data will be considered non-confidential.
  • You grant us a worldwide, perpetual, non-exclusive, royalty-free and transferable licence (with the right to sub-license) to use, edit, reproduce, record, modify, translate, distribute, play, perform, make available to the third-parties User Content.
  • You are responsible for the contents of any User Content you may provide and the consequences arising from its use on our Order Website. You are prohibited from posting or transmitting to or from this Order Website any content which is in any way defamatory, obscene, unlawful, harmful, offensive, inappropriate or to infringe the rights of a third party or anything which is technically harmful to Terrafirma.
  • Please do not reveal via the Order Website any personal information about you or anyone else (for example telephone number, home address or email address). You are entirely responsible for maintaining the confidentiality of your details when using our Order Website.

No Warranty

We work hard to ensure the information on this Order Website is correct, we make no promise, nor do we give any warranty or guarantee regarding the accuracy and completeness of any material on this Order Website.

We may make changes to the material on this Order Website, or to the products and prices described in it, at any time without notice. The material on this Order Website may be out of date, and we give no commitment to update such material.


Liability

We shall not be liable for any of the following:

  • any damage or loss caused to you where such damage or loss is not reasonably foreseeable to you and us when you agree to these Terms of Use (which occurs automatically when you access and continue to use the Order Website), including where the damage or loss results from our breach of these Terms of Use.
  • for damage or loss that you incur arising from errors or omissions in information provided or for technical problems encountered on the Order Website or any other websites where links are provided.
  • any loss or damage that you incur as a result of any interpretation that you make of information presented on the Order Website.
  • any liability for damage to your computer or for any loss of data that results from your use of the Order Website and we cannot guarantee that any files that you download are free from viruses, contamination or destructive features or for any problems or inadequacies with your computer, software, email system, internet facilities, or equipment.

Nothing in these Terms of Use is intended to restrict your statutory rights; limit our liability for death or personal injury resulting from our negligence or for fraud.


Privacy

Please read our Privacy Policy posted on our Order Website which contains important information about the use of your personal data and other information regarding your privacy.


Get in Touch

Any questions relating to these Terms of Use, please contact us at: info@terrafirmaidc.co.uk


Governing Law

These Terms of Use are governed by English law and we each irrevocably agree to submit all disputes arising out of or in connection with the Contract to the exclusive jurisdiction of the English courts.


These Terms of Use were last updated on 01st June 2020 v1.1