Terms & Conditions:

Site and Services

This website is provided by Firstsound Ltd. a company registered in England and Wales.

For the purposes of these terms and conditions of use (“Terms of Use”), “you”, “your” and “yours” means the person(s) who access this website (the “Site”) or any associated services (the “Services”). References to “we”, “us” and “our” means Firstsound Ltd.

Whilst every effort has been made to ensure the accuracy of the information and material contained on the Site, Firstsound Ltd assumes no responsibility for, nor gives any guarantee, undertaking or warranty concerning the accuracy, completeness or up to date nature of the information provided on the Site nor does it accept any liability whatsoever arising from any errors or omissions.

The Site and Services are made available by Firstsound Ltd and its affiliated companies and may also be provided or located on third party websites and/or computer servers.

A. ACCEPTANCE OF TERMS

Whether you make use of the Site and/or Services as a guest or as a registered user, by accessing the Site and/or Services, you agree to these Terms of Use. Firstsound Ltd reserves the right to change the Terms of Use from time to time at its sole discretion. Your use of the Site and/or Services will be subject to the most current version of the Terms of Use posted on the Site at the time of such use. If you breach any of the Terms of Use, your authorisation to use the Site and/or Services automatically terminates and you must immediately destroy any materials downloaded or printed from the Site. If you do not agree with these Terms of Use, you must not use the Site and/or Services.

This Site is for reference only. No statement, information, opinion or material on this Site shall constitute an offer, recommendation, or advice of any kind whatsoever. You need to satisfy yourself as to the accuracy and suitability of any Service before entering into any contract. If you are in any doubt as to the accuracy or suitability of any Service please seek advice from a suitably qualified person.

B. AGE

The Services we provide on the Site and/or Services are only intended for individuals aged 18 years or over. Any information available on the Site and/or Services does not amount to an invitation to individuals aged under 18 years to buy, or apply for, any Services.

C. COPYRIGHT: LIMITED LICENSE

We are the owner or the licensee of all intellectual property rights in the Site and the material published on it (including, but not limited to, all text, images, designs, logos, graphics, the selection, and presentation and arrangement of materials and the overall design and layout of the Site) (together, the “Content”). The Content is protected by copyright and/or other intellectual property laws and treaties around the world, and any unauthorised use of the Content may violate such laws and/or treaties. Except as expressly provided herein, we do not grant any express or implied right to you under any patents, copyrights, trademarks or trade secret information with respect to the Content. Except as specifically permitted herein, no portion of the Content may be reproduced in any form or by any means without the prior written permission of Firstsound Ltd. All rights are reserved.

D. USE OF SITE

You must not use any Material for any other purpose without our prior written permission. If you print off, copy or download any part of the Site in breach of these Terms of Use, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of any material you have made. Access to the Site and/or Services is permitted on a temporary basis. We may suspend, withdraw, discontinue or restrict access to some or all parts of the Site and/or Services from time to time without notice.

We cannot guarantee that any messages sent by email are completely secure as they may be subject to possible alteration, loss or interception. We are not responsible for any of these and will not be liable to you or any third party for any damages arising out of or in any way connected with such alteration, loss or interception. Users must take all reasonable steps to ensure that any person who may have access to the Site and/or Services complies with the conditions of these Terms of Use.

Elements of the Site and/or Services and the Content are protected by trade dress and other laws and may not be copied or imitated in whole or in part. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Use. If you know, or suspect that anyone other than you knows your user identification code or password, you must promptly change your password and notify us at info(at)firstsound(dot)com.

E. WARRANTIES AND DISCLAIMERS

Pursuant to applicable law the Site and/or Services, Content are provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranty of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, we make no warranty that the Site and/or Services and/or their Content will meet your requirements.

The information provided on the Site and/or Services is provided for general purposes only. It is not intended to amount to advice on which you should rely. You must check the information provided to you through the Site and/or Services, or any services provided in relation to it, and obtain any necessary professional or specialist advice before taking, or refraining from, any action on the basis of the information on the Site and/or Services. Any reliance that you place on the accuracy of any information contained in the Site and/or Services is at your own risk.

The Site and/or Services could include technical or other mistakes, inaccuracies or typographical errors. We may make changes to the Content, Documents, any other materials on the Site and Services at any time without notice. If any of the Content or Documents or any other materials on the Site and/or Services are out of date at any given time, we are under no obligation to update them. The downloading or other acquisition of any materials through the Site and/or Services is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system or loss of data that results from the downloading or acquisition of any such materials.

The Site and/or Services may contain links to third party websites that are not under our control. We make no representations whatsoever about any other website to which you may have access through the Site and/or Services. When you access a website beyond our control, you do so at your own risk and we are not responsible for the accuracy or reliability of any information, data, advice or statements made on these websites or for the quality of any products or services available on such websites. These links are provided merely as a convenience and the inclusion of such links does not imply that we endorse or accept any responsibility for the content or use of such websites, or any loss or damage that may arise from your use of them. We do not warrant that the Site and/or Services will be available to meet your requirements, that your access will be uninterrupted, that there will be no delays, failures, errors or omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your computer system. You are solely responsible for maintaining adequate protection and back up of data and/or equipment and to undertake reasonable precautions to scan for computer viruses or other destructive properties. We will not be liable to you if for any reason the Site and/or Services is unavailable at any time or for any period.

You must not misuse the Site and/or Services by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site and/or Services, the server on which the Site and/or Services is stored or any server, computer or database connected to the Site and/or Services. You must not attack the Site and/or Services via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offense under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site and/or Services will cease immediately.

The Site and/or Services is intended for users resident in the United Kingdom. We make no representation that materials on the Site and/or Services are appropriate or available for use at other locations outside the United Kingdom.

F. DATA PROTECTION

As a result of your use of the Site and/or Services, we may hold and process your personal data (including your contact details) to operate and manage any agreement you enter into with Firstsound Ltd and our relationship with you. Any personal data we process will be processed in accordance with the Data Protection Act 1998 as set out in our Privacy Policy. By using the Site and/or Services you consent to such processing and you warrant that information you provide is accurate.

We may monitor or record your calls in order to improve the quality of our service or for training purposes.

G. LIABILITY

To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude liability to you whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of revenues, profits, the use of money, goodwill, or anticipated savings, for any loss or destruction of data or (without limitation) for any indirect or consequential loss or damage of any kind, whether any such loss is reasonably foreseeable or not arising in connection with your use of the Site and/or Services for any reason.

Nothing in these Terms of Use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Site and/or Services or any content on it, whether express or implied.

Different limitations and exclusions of liability will apply to liability arising as a result of the supply of Services to you, which will be set out in and Agreement.

H. GENERAL

By using the Site and/or Services you indemnify, defend and hold harmless Firstsound Ltd from and against any and all losses, claims, damages, costs and expenses or legal proceedings which are brought or threatened against Firstsound Ltd by a third party resulting from your breach of these Terms of Use.

We will notify you of any such claims or proceedings and keep you informed as to the progress of such claims or proceedings and reserve the right to assume or participate, at your expense in the investigation, settlement of defense of any such claim or action.

These Terms of Use and any Credit Agreement entered into by you constitute the entire agreement between Firstsound Ltd and you and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between the parties, whether written or oral, relating to its subject matter. Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms of Use. Each party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in these Terms of Use.

We shall have the unrestricted right to assign, license or otherwise dispose of its rights and obligation (in whole or in part) under these Terms of Service.

We may vary these Terms of Use and any information, materials, Documents and Content on the Site and/or Services at any time. We shall ensure that the most recent version of these Terms of Use is situated on this Site and/or Services. Any such change shall take effect from the date that the new Terms of Use are posted on the Site and/or Services. Failure by Firstsound Ltd to enforce any of its rights under these Terms of Use is not to be taken as or deemed to be a waiver of that right unless we acknowledge the waiver in writing.

These Terms of Use are not intended to be for the benefit of, and shall not be exercisable by any person under the Contracts (Rights of Third Parties) Act 1999 or otherwise, except Firstsound Ltd’s affiliated companies. Part or all of any clause of these Terms of Use that is unenforceable or illegal is to be severed from these Terms of Use and does not affect the enforceability of the remaining provisions of these Terms of Use.

These Terms of Use shall be governed by English Law and subject to the exclusive jurisdiction of the Courts of England and Wales.