IMPORTANT - PLEASE READ CAREFULLY BEFORE USING THIS WEBSITE
1.0 ABOUT US
HARMAN technology Limited
Address: Ilford Way, Mobberley, Knutsford, Cheshire, WA16 7JL
Registered office: Whittington Hall, Whittington Road, Worcester WR5 2ZX
Registered in England and Wales with company number 05227615
2.0 BACKGROUND TO THE WEBSITE
The Website offers the facility for (1) owners of public darkrooms, (2) owners of private darkrooms and (3) course tutors (together "Darkroom Providers") to share their darkrooms with users ("Users") who have need of a darkroom but do not have access to one.
We do not undertake any checking of the facilities available to the Darkroom Providers and merely offer a facility for Darkroom Providers to indicate the rough location of their darkrooms and for Darkroom Providers and Users to communicate.
Darkroom Providers are free to charge or ask for a donation for use of their facilities but should indicate costs and other terms at the point of contact with a User.
3.1 Supply of Registration Data
You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the site's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of any part or the entire Website without notice or liability to you. You are only permitted to use the Website if you are 18 years or over in age. If you are not at least 18 years in age you should not attempt to use the Website. By submitting the Registration Data you acknowledge to us that you are 18 years or over in age.
3.2 Use of Registration Data
3.2.1 We may use your Registration Data to administer your usage of the Website and, if you agree, to provide marketing communications regarding our goods and services. You may opt out of the usage of your Registration Data for marketing communications at any time by contacting us via the link sent with each marketing communication or at the e-mail address set out above.
3.2.2 If you are a Darkroom Owner, you agree that we may use your Registration Data to pinpoint the location you have provided for your darkroom on a map.
3.2.3 Darkroom Providers and Users agree that we may use the Registration Data to initiate communications between Darkroom Providers and Users. All messages from other Users that are sent to you via the Website are forwarded to you without revealing your e-mail address to the sender. Messages you send to other Users or Darkroom Providers via the Website will reveal to them your e-mail address. We will not send confidential or sensitive information about you (such as your name, address, telephone number, email address or date of birth). Similarly, we will not provide such information about other users to you.
3.2.4 You are responsible for any use of your account using your user name and/or password, for keeping your user name and password confidential and for logging out of your account at the end of each session. You agree to let us know immediately if you become aware of or suspect any unauthorised use of your account, user name and/or password. If you forget your user name and/or password, you may email us at our email address set out above and we will email your user name and password to the email address specified in your account.
4.0 USE OF THE WEBSITE
4.1 Availability of the Website
4.1.1 We will use our reasonable endeavours to make the Website available for you to access over the internet. However, from time to time the Website may be unavailable if we carry out routine maintenance and repairs or due to the unavailability or failure of the internet.
4.1.2 We do not give any promise that the Website or the service it provides will be available for you to access, will continue uninterrupted or error-free or will remain unchanged.
4.2.1 All material on the Website is protected by copyright. You may view pages of the Website on screen and may print or download extracts of them for your own personal use.
4.2.2 You may supply a copy of any such extract to any third party provided that:
(a) the extract is for their own personal use;
(b) the extract is not supplied as part of or included in another work, website or publication;
(c) the extract is not supplied either directly or indirectly in return for commercial gain; and
(d) the third party is made aware that the source of the copy is the Website and that these terms and conditions apply equally to them.
4.2.3 No part of the Website may be reproduced, transmitted to, or stored on any other website or in any other form of electronic medium without our express written consent.
4.3 Content of the Website
4.3.1 We will use our reasonable endeavours to ensure that the information on the Website is accurate and complete. However, we do not give any promises about the accuracy or completeness of that information or the accuracy of any information (including, without limitation, Registration Data provided by Darkroom Providers and Users).
4.3.2 The Website includes content, services and hypertext links to websites owned, operated, controlled and/or provided by third parties (“Third Party Content”).
4.3.3 Your use of any Third Party Content may be subject to the relevant third party’s terms and conditions, and it is your responsibility to make yourself aware of those terms and conditions. We will not necessarily see or be aware of any enquiries that you submit to any third parties who provide Third Party Content.
4.3.4 We have no control over or proprietary interest in any Third Party Content. We do not give any promises about the quality, security, accuracy or any other aspect of any Third Party Content, and exclude any and all liability arising from your use of them.
4.4.1 We merely offer a facility for Darkroom Providers and Users to communicate and we are not obliged to have any involvement in any dispute between Darkroom Providers and Users.
4.5.1 We do not verify the identities of any Darkroom Owner or User and we are not responsible to you should any Darkroom Owner or User give inaccurate information to you.
4.5.2 You are responsible for your own personal safety when meeting a Darkroom Owner or User and we hope that you would take all precautions you would normally take when meeting anyone for the first time. You take all responsibility for contact between Darkroom Providers and Users, acknowledge to us that such contact is at your own risk and that we are not responsible for any such contact.
5.1 Personal Information
5.1.1 When you use the Website you may provide us with personal information about you such as your name, address, fax and telephone numbers and email address ("Personal Information"). We are committed to protecting your privacy, and will use your personal information in accordance with the UK Data Protection Act 1998.
5.1.2 You are entitled to ask for a copy of your personal information at any time by contacting us at the address above. You are entitled to ask us to correct or update your personal information at any time by contacting us at the address above.
5.1.3 Your personal data will be held on servers in the UK. If you are accessing the site from outside the UK, you consent to us transferring your personal information to the UK.
5.2.1 Certain parts of the Website use "cookies" to keep track of your visit and to help you navigate between sections. A cookie is a small data file that certain websites store on your computer's hard-drive when you visit them. They can contain information such as your user ID and the pages you have visited. The only personal information a cookie contains is information you have supplied yourself.
The Website has numerous security measures in place to protect the loss, misuse and alteration of information under our control, such as passwords and firewalls. We cannot, however, guarantee that these measures are, or will remain, adequate. We do, however, take data security very seriously and will use all reasonable endeavours to protect the integrity of the information you provide.
6.1 We reserve the right to change these terms at any time without prior notice to you.
6.2 WE SHALL NOT BE LIABLE FOR ANY THIRD PARTY CLAIMS OR LOSSES OF ANY NATURE (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS), ANY INDIRECT OR CONSEQUENTIAL LOSS OR ANY LOSS DUE TO CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL.
6.3 OUR MAXIMUM LIABILITY TO YOU SHOULD WE BREACH ANY OF THESE TERMS OR ARE NEGLIGENT IN THE OPERATION OR USE OF THE WEBSITE SHALL BE LIMITED TO £100. THIS LIMIT ON LIABILITY SHALL NOT APPLY TO THE EXTENT THAT ANY MATTER FOR WHICH WE ARE LIABLE TO YOU MAY NOT BE UNLAWFULLY EXCLUDED OR LIMITED.
6.4 WE PROVIDE THE WEBSITE “AS IS,” AND WE DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW ALL WARRANTIES, TERMS AND CONDITIONS, EXPRESSED, IMPLIED AND STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
6.5 If any provision or right under these terms is found to be invalid or unenforceable then the remaining provisions or rights under these terms shall be unaffected as if the invalid or unenforceable part did not exist.
6.6 This document contains all the terms and conditions between you and us regarding your use of the Website. No other terms and conditions or promise shall be taken to have been given or implied into the Agreement except as implied by law. These terms do not affect your statutory rights.
6.7 Even though any contract between you and us relating to your use of the Website is concluded over the internet, you and we agree that it has been concluded in England in writing. Any such contract is governed by English law and you and we each hereby accept the exclusive jurisdiction of the English courts.