1. Introduction – about these Terms
1.1 These terms and conditions of use (Terms) explain how you may use this website and any of its content (Site). These Terms apply between Friend MTS Limited (we, us or our) and you, the person accessing or using the Site (you or your).
1.2 You should read these Terms carefully before using the Site. By using the Site or otherwise indicating your consent, you agree to be bound by these Terms. If you do not agree with any of these Terms, you should stop using the Site immediately.
1.3 The Site is provided by us to you free of charge for information purposes only. If you order any services from us, separate terms and conditions will apply.
1.4 If you would like these Terms in another format (for example: audio, large print, braille), please contact us using the contact details set out below.
2. About us
2.1 We are Friend MTS Limited, a company registered in England and Wales under company registration number (CRN 03513618). Our registered office is at Eleven Brindleyplace, 2 Brunswick Square, Birmingham, B1 2LP, UK.
2.2 If you have any questions about the Site, please contact us by one of the ways set out at https://www.friendmts.com/about-us/contact-us/
3. Using the site
3.1 When you access the Site, it is for your use only.
3.2 You are solely responsible for any costs you incur in relation to your use of the Site.
3.3 We make no promise that the Site is appropriate or available for use in locations outside the UK. If you access the Site from locations outside the UK, you acknowledge that you are responsible for compliance with applicable local laws.
3.4 We try to make the Site as accessible as possible. The Site uses accessibility assistance plugins for the WordPress platform. If you have any difficulties using the Site, please visit https://wpaccessibility.io/ for information on usage, or contact us using the contact details at the top of this page.
3.5 As a condition of your use of the Site, you agree to comply with our Acceptable Use Policy available at https://www.friendmts.com/acceptable-use-policy/ and agree not to:
3.5.1 misuse or attack our Site by knowingly introducing viruses, trojans, worms, logic bombs or any other material which is malicious or technologically harmful (such as by way of a denial-of-service attack), or
3.5.2 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.
3.6 We may, without prejudice to any other legal remedy, prevent or suspend your access to the Site if you do not comply with these Terms or any applicable law.
4. Your privacy and personal information
5. Ownership, use and intellectual property rights
5.1 The intellectual property rights in the Site and in any text, images, video, audio or other multimedia content, software or other information or material submitted to or accessible from the Site (Content) are owned by us and our licensors.
5.2 We and our licensors reserve all our intellectual property rights (including, but not limited to, all copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world. This means, for example, that we remain owners of them and are free to use them as we see fit.
5.3 Nothing in these Terms grants you any legal rights in the Site or the Content other than as necessary for you to access it. You agree not to adjust, try to circumvent or delete any notices contained on the Site or the Content (including any intellectual property notices) and in particular, in any digital rights or other security technology embedded or contained within the Site or the Content.
5.4 Trademarks: FRIEND MTS, FRIEND, ASiD and any other trademarks on the Site indicated as such are our trademarks. Other trademarks may also be used on the Site or in the Content. Use by you of any trade marks on the Site or in the Content is strictly prohibited unless you have our prior written permission.
6.1 If any software is made available for you to download from the site, for example in order for the Site to work better, you will be granted a limited, non-exclusive licence to use any such software, subject to you agreeing to the terms and conditions that apply to such software (sometimes known as an ‘end user licence agreement’ or ‘EULA’).
6.2 You will be made aware of any terms and conditions that apply to the software when you try to download it. If you do not accept such terms and conditions, you will not be able to download the software.
6.3 You should read any terms and conditions carefully. They may contain provisions that set out your legal rights, your legal responsibilities when using the software, the software provider’s legal responsibilities and any limitations on the software provider’s legal responsibilities to you.
6.4 Using the software in an unlawful way (such as reproducing or redistributing it in a way that breaches these Terms and any other terms and conditions that apply to it) is expressly prohibited and may result in civil and criminal penalties.
7. Submitting information to the site
7.1 While we try to make sure that the Site is secure, we do not actively monitor or check whether information supplied to us through the Site is confidential, commercially sensitive or valuable.
8. Accuracy of information and availability of the site
8.1 We try to make sure that the Site is accurate, up-to-date and free from bugs, but we cannot promise that it will be. Furthermore, we cannot promise that the Site will be fit or suitable for any purpose. Any reliance that you may place on the information on the Site is at your own risk.
8.2 We may suspend or terminate access or operation of the Site at any time, as we see fit.
8.3 Any Content is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites that may be of interest, but has not been tailored to your specific requirements or circumstances. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes. You should always use your own independent judgment when using our Site and its Content.
8.4 While we try to make sure that the Site is available for use, we do not promise that the Site will be available at all times or that your use of the Site will be uninterrupted.
9. Hyperlinks and third party sites
The Site may contain hyperlinks or references to third party advertising and websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party advertising or websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party advertising or website does not mean that we endorse that third party’s website, products or services. Your use of a third party site may be governed by the terms and conditions of that third-party site and is at your own risk.
10. Our responsibility to you
10.1 If we breach these Terms or are negligent, we are liable to you for foreseeable, non-business loss or damage that you suffer directly as a result. By ‘foreseeable’ we mean that, at the time these Terms were formed, it was either clear that such loss or damage would occur, or you and we both knew that it might reasonably occur, as a result of something we did (or failed to do).
10.2 We are not liable to you for any loss or damage that was not foreseeable, any loss or damage not caused by our breach or negligence, or any business loss. For these purposes ‘business loss’ includes loss of: profit, business, revenue, contracts, opportunity, anticipated savings, and goodwill.
10.3 Nothing in these terms excludes or limits our liability for any death or personal injury to you caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow us to exclude or limit.
11. No third party rights
No one other than us or you has any rights under or to enforce any of these Terms.
12.1 No changes to these Terms are valid or have any effect unless agreed by us in writing or made in accordance with this clause 15.
12.2 We reserve the right to vary these Terms from time to time. Our updated Terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations.
12.3 We also reserve the right to vary the content or any other aspect of the Site at our discretion.
13.1 We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with us, please contact us as soon as possible using the contact details set out at the top of this page.
13.2 English law applies to these Terms, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country.
13.3 Any disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
Friend MTS Limited, last revised 6 May 2022
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