This Agreement applies between the User of the website and Fizikal Design Ltd (Fizikal), the owner of the website.  Your continued use of the website is agreement to these Terms of use. If you do not agree to these Terms of use, you should stop using the website immediately.


1. DEFINITION

1.1 In this Agreement the following terms shall have the following meanings:
“Fizikal” - means Fizikal Design Ltd Registered in England and Wales, Registered Number: 10007518. Norfolk House, Hardwick Square North, Buxton, Derbyshire, United Kingdom, SK17 6PU.
“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 website.
“Service” - means collectively any online facilities, tools, services or information that Fizikal makes available through this website now or in the future.
“System” - means any online communications infrastructure that Fizikal makes available through this website now or in the future.  This includes, but is not limited to, web-based email, blogs and email links.
“User” - means any third party that accesses the website and is not employed by Fizikal.
“Website” - means the website that you are currently using www.fizikaldesign.co.uk unless expressly excluded by their own Terms of use.


2. INTELLECTUAL PROPERTY

2.1 All Content included on the website 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 Fizikal. Continuing to use the website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other relevant laws.
2.2 You may not reproduce, copy, distribute, store or re-use material from the website unless given express written permission to do so by Fizikal.


3. LINKS TO OTHER WEBSITES

3.1 The website may contain links to other sites.  Unless expressly stated, these sites are not under the control of Fizikal. We assume no responsibility for the content of such websites 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 website does not imply any endorsement of the sites themselves or of those in control of them.


4. LINKS TO THIS WEBSITE

4.1 Those wishing to place a link to the website on other sites may seek permission by emailing hi@fizikaldesign.co.uk.


5. PRIVACY

5.1 Use of the website is also governed by our Privacy Policy.


6. DISCLAIMERS

6.1 Fizikal makes no warranty or representation that the website or its Content 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 the website is intended to constitute advice and the Content of this website should not be relied upon when making any decisions or taking action of any kind.
6.3 The views on the blog page (‘Happenings’) remain the views of the individual making the Contribution and not those of Fizikal. We will assume that the contributor has the right to publish the information unless we are expressly advised otherwise. Fizikal excludes all liability for publications made on the Happenings page to the fullest extent permitted by law.


7. AVAILABILITY OF THE WEBSITE

7.1 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.
7.2 Fizikal accepts no liability for any disruption or non-availability of the Website 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, Fizikal 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 website or any information contained therein. Users should be aware that they use the website and its Content at their own risk.
8.2 Nothing in these Terms of use excludes or restricts Fizikals' liability for death or personal injury resulting from any negligence or fraud on the part of Fizikal.
8.3 Every effort has been made to ensure that these Terms of use 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 of use and shall not affect the validity and enforce-ability of the remaining Terms of use.  This term shall apply only within jurisdictions where a particular term is illegal.


9. NO WAIVER

9.1 In the event that any party to these Terms of use fail to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.


10. MALWARE & HACKING

10.1 Your right to use this website does not include any right to gain access or introduce malware to the server on which the site is stored or any server, computer or database connected to the site or to use the website.
10.2 You are responsible for up to date, quality virus protection software on the computer you use to access the website.  We are not liable for any loss or damage caused by a distributed denial-of-service attack, malware or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the site or to your downloading of any material posted on it, or on any website linked to it.


11. NOTICES

11.1 All notices / communications shall be given to us by email to hi@fizikaldesign.co.uk.


12. LAW AND JURISDICTION

12.1 These Terms of use and the relationship between you and Fizikal shall be governed by and construed in accordance with the Law of England and Wales and Fizikal and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.


13. VARIATIONS

13.1 We reserve the right to update these Terms of use at any time by amending this page or our Privacy Policy. Any agreement to the Terms of use will apply if you continue to use the website.


14. CONCERNS

14.1 If you have any concerns about the Content of the website, please contact us by emailing hi@fizikaldesign.co.uk.