Terms for the permitted use and access to our webiste
This document set out the terms upon which we permit you to access and/ our use our website www.rak-global.co.uk (our site). We advise you to read these terms carefully. By using our site you are accepting and agreeing to abide by the terms which are set out below and these terms shall take effect immediately upon your first use of the site. If you do not agree to be bound by these terms, please refrain from using and accessing our site.
1. Information about the website owner
Any reference in these terms to (we or us) is a reference to R and A Kay Inspection Services Limited. We are a company registered in England and Wales under company number (01874086) and we are the operator of this site. Our registered office is at 140 Coniscliffe Road, Darlington, DL3 7RT and our main trading address is Concorde Business Centre, Preston Farm Business Park, Stockton-on-Tees, TS18 3RB.
2. Your access to our site
2.1. You are permitted to access our site on a temporary basis and your access and use is subject to these terms. It is your responsibility to make all arrangements necessary for you to have access to our site.
2.2. We may at our sole discretion withdraw or amend the service which we provide on our site and if we do so we do not have to give notice to you. We will not be liable to you if at any time or for any period our site is unavailable (for any reason).
2.3. Any material and/ or information on our site we at any given time be out of date and we are under no obligation to update the contents. The information, material and commentary on our site is not intended to amount to advice and you should not therefore place your reliance upon it. We disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
2.4. Parts of our site may be restricted to users that have registered with us.
2.5. As part of our security measures and procedures you may:-
2.5.1. have to provide a user name and password; or
2.5.2. be provided with a user name and password; or
2.5.3. be provided with some other information as a security measure;
all such information must be kept and treat as confidential, and you must not be disclosed to third parties. In the event that we consider that you have failed to comply with this requirement to keep the security information confidential, or that you have failed to comply with any other of these terms, then we may at our discretion disable your user name and password.
2.6. It is your responsibility for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
3. Your use of our site
3.1. You are only permitted to use our site for purposes which are lawful. For the avoidance of doubt you are not permitted to use our site in any of the following ways, namely:
3.1.1. in a way which would amount to a breach of any applicable local, national or international law or regulation;
3.1.2. in a fraudulent or unlawful way, or in a way that has a unlawful or fraudulent purpose or effect;
3.1.3. with any intention or purpose of harassing or causing distress or causing harm to a minor or minors;
3.1.4. with any intention or purpose of harassing or causing distress or inconvenience to any person;
3.1.5. to transmit obscene or offensive content;
3.1.6. to send , or procure the sending of spam such as unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
3.1.7. to knowingly transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
3.1.8. attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site;
3.1.9. to attack our site via a denial-of-service attack or a distributed denial-of service attack.
3.2. You are not permitted to access without authority, interfere with, damage or disrupt: any part of our site; or any equipment or network on which our site is stored; or any software used in the provision of our site; or any equipment or network or software owned or used by any third party. You agree that you will not do any of the matters set out in this clause 3.
3.3. By breaching any of the terms set out in this clause 3 you may be committing a criminal offence under the Computer Misuse Act 1990. We will report any breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing your identity.
4. Intellectual property rights
4.1. Names, images and logos identifying R & A Kay Inspection Services Limited or third parties and their products and services are subject to copyright, design rights and trade marks of R & A Kay Inspection Services Limited and/or third parties. All other intellectual property rights, including copyright and database rights, in our site and its contents, are owned by or licensed to R & A Kay Inspection Services Limited, or otherwise used by R & A Kay Inspection Services Limited as permitted by applicable law. Nothing contained in these terms shall be construed as conferring any licence or right to use any trade mark, design right or copyright of R & A Kay Inspection Services Limited or any other third party.
4.2. You agree that when accessing our site it is for your own private use and not for any commercial or public use. You are permitted to:-
4.2.1. download and use the service on a single CPU at a time; and
4.2.2. print out a single hard copy of any part of the content on our site for your personal use.
You are not permitted to:-
4.2.3. copy;
4.2.4. reproduce;
4.2.5. republish;
4.2.6. distribute;
4.2.7. download;
4.2.8. re-sell;
4.2.9. make available to the public; or
4.2.10. otherwise use,
the content of any part of our site in any way except for your own personal, non-commercial use. You also agree not to modify, adapt, alter or create a derivative work from any of the content of our site which you have printed or downloaded except for your own personal, non-commercial use. Any other use of the content of our site requires our prior written permission. In the event that you do print, copy or download any part of our site in breach of these terms, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
4.3. Our status (and that of any contributors to our site which are identified) as the authors of material on our site must always be acknowledged.
5. Our liability
5.1. The material and information displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we hereby expressly exclude:
5.1.1. all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
5.1.2. any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
5.1.2.1. loss of income or revenue;
5.1.2.2. loss of business;
5.1.2.3. loss of profits or contracts;
5.1.2.4. loss of anticipated savings;
5.1.2.5. loss of data;
5.1.2.6. loss of goodwill;
5.1.2.7. wasted management or office time; and
5.1.2.8. for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
5.2. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
6. Suspension and termination
6.1. We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
6.2. Failure to comply with this acceptable use policy constitutes a material breach of the terms of use upon which you are permitted to use our site, and may result in our taking all or any of the following actions:
6.2.1. Immediate, temporary or permanent withdrawal of your right to use our site.
6.2.2. Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
6.2.3. Issue of a warning to you.
6.2.4. Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
6.2.5. Further legal action against you.
6.2.6. Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
6.3. We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
7. General
7.1. Transactions through our website
If we allow contracts for the supply of goods and/ or services to be formed through our site or as a result of visits made to our site by you all such contracts are governed by our terms and conditions of supply.
7.2. Information which we process about you
Any and all information which we process about you is done so in accordance with our privacy policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
7.3. Links from and to our Site and from our Site
7.3.1. If you link to our home page you must do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You are not permitted and you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
7.3.2. You must not establish a link from any website that is not owned by you.
7.3.3. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy.
7.3.4. Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
7.4. Jurisdiction And Applicable Law
The English courts will have jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These terms of use are governed by English law.
7.5. Changes To These Terms
We may revise these terms at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in these terms may also be superseded by provisions or notices published elsewhere on our site.
7.6. Who to contact should you have any concerns
In the event that you have any concerns about any of the information on our website please contact.
