Terms & Conditions

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Craneware plc Terms and Conditions of website use

This page (together with the documents referred to on it) sets out the terms of use on which you may use the Craneware website, www.craneware.com (the "Site"), as a guest.

Please read these terms of use ("Terms") carefully before using the Site. By using the Site, you accept these Terms and the Privacy Policy, and agree to abide by them. If you do not agree to these Terms, you must not use the Site. These Terms are effective from 8 September 2007.

Information About Us

The Site is a website operated by Craneware plc ("Craneware"), and Craneware Inc. is responsible for any personal data collected through the website. For further information on both companies please visit our "About Us" section and for contact details please visit our "Contact Us" section.

For the purpose of the Terms, the Privacy Policy and the Site, Craneware Group Companies means Craneware and its wholly owned subsidiary Craneware Inc.

Accessing the Site

The Site has two levels of access:-

General Access Level: you do not need to register to use this area of the Site and can access general information about Craneware and our products and services.

Secure Area Level: we will have provided you with access to this part of the Site. Access will only be provided to you on a user name and password protected basis. This area of the Site may be subject to further terms and conditions.

If you register on the Site, you will register a username and password as part of our security procedures. You must keep your password confidential, and must not disclose it to any third party. Craneware has the right to disable any username or password at any time, if in our opinion you have failed to comply with these Terms.

A description of how we will use your personal data can be found in our Privacy Policy.

User Obligations and Conduct

You warrant that in using the Site you shall:-

  1. use the Site only for lawful purposes, and in a manner which does not infringe the rights of, or restrict or inhibit the use of the Site by any third party;
  2. not engage in any conduct which is unlawful, or which may harass or cause distress or inconvenience to any person;
  3. not upload, post, transmit or distribute any material or information where you do not own or have the right to use the intellectual property rights, or any material which is unlawful or which is potentially harmful, threatening, abusive, libellous, defamatory, pornographic or otherwise obscene, racially or ethnically or otherwise objectionable or damaging to the reputation of Craneware;
  4. not to access, interfere with, damage or disrupt any part of the Site, any equipment, systems or network used to operate the Site, or attempt to access any secure area other than by using your username and password;
  5. 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 or hardware;
  6. use current virus checking software when using the Site; and
  7. not reproduce, duplicate, copy or re-sell any part of the Site.
     

Craneware shall have the right to disable your access of the Site at Craneware's sole discretion if Craneware reasonably believes you are in breach of these Terms and in particular any of the requirements set out above relating to User Obligations and Conduct.

By breaching provisions (d) and (e) above, you may commit a criminal offence under the Computer Misuse Act 1990. Craneware will report any such breach to the relevant law enforcement authorities and Craneware will co-operate with those authorities and disclose your identity, if known by Craneware.

Trade Marks

The names and logos identifying the Site and Craneware and its products and services are either (a) proprietary marks of Craneware or Craneware Group Companies or (b) marks which Craneware is licensed to use. Nothing in these Terms allows you any licence of any mark or of any other intellectual property right of Craneware or any third party (subject to the provisions below relating to copyright). For further information, please contact info@craneware.com.

Copyright

The copyright in the content (including but not limited to design, text and graphics) of all the pages on the Site is owned by Craneware Inc. Craneware Group Companies and its licensors (except where otherwise stated). Reproduction of part or all of the contents in any form is prohibited other than in accordance with the following permissions.

Craneware authorises you to carry out the following actions, provided that you comply with the User Obligations and Conduct (as stated above):-

  1. view and display the content of the Site; and
  2. print or download to a local or network hard drive extracts from or whole pages for your personal use provided you do not delete the copyright notice "© Craneware, Inc 2007" from all such printouts and downloads. For further information, please contact: info@craneware.com.

You must not modify the paper or digital copies of any materials that you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

You are not permitted to incorporate any materials, or any part of the materials, from the Site to any other work or publication, whether in hard copy or electronic or any other form.

No part of the Site may be distributed or copied for any commercial purpose.

Reliance on information posted

Craneware operates a policy of continual product development and all specifications outlined in the Site are indicative only and are subject to change.

Craneware will make every effort to ensure the website is up to date. Whilst the information on the Site is prepared with all due care for the convenience of customers and intending customers, the information is intended as a preliminary guide only.

Site Availability

Craneware reserves the right to withdraw or amend the service Craneware provides on the Site without notice. Craneware will not be liable if for any reason the Site is unavailable at any time or for any period. Craneware aims to update the Site regularly, and may change the content at any time. If the need arises, Craneware may suspend access to the Site, or close it indefinitely. Any of the material on the Site may be out of date at any given time, and Craneware is under no obligation to update such material.

Disclaimer

CRANEWARE WILL TAKE REASONABLE CARE IN PREPARING THE CONTENT OF THE SITE, BUT THE MATERIAL DISPLAYED ON THE SITE IS PROVIDED WITHOUT ANY GUARANTEES, CONDITIONS OR WARRANTIES AS TO ITS ACCURACY. TO THE EXTENT PERMITTED BY LAW CRANEWARE, ITS OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES AND OTHER MEMBERS OF CRANEWARE'S GROUP OF COMPANIES AND THIRD PARTIES CONNECTED TO CRANEWARE HEREBY EXPRESSLY EXCLUDE:

  1. ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF TORT OR DELICT OR OTHERWISE; AND
  2. ANY LIABILITY FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE INCURRED BY ANY USER IN CONNECTION WITH THE SITE OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR RESULTS OF THE USE OF THE SITE, ANY WEBSITES LINKED TO IT AND ANY MATERIALS POSTED ON IT, INCLUDING WITHOUT LIMITATION, ANY LIABILITY FOR LOSS OF INCOME OR REVENUE, BUSINESS PROFITS OR CONTRACTS, ANTICIPATED SAVINGS, LOSS OF DATA OR GOODWILL, WASTED MANAGEMENT OR OFFICE TIME AND FOR ANY FURTHER LOSS OR DAMAGE OF ANY KIND, HOWSOEVER ARISING AND WHETHER CAUSED BY TORT OR DELICT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORSEEABLE.

CRANEWARE CANNOT GUARANTEE THAT THE SITE AND ANY DOCUMENTS, FILES AND INFORMATION HOSTED OR DOWNLOADED FROM THE SITE WILL BE FREE FROM VIRUSES, TROJAN HORSES, WORMS, TIME BOMBS, KEYSTROKE LOGGERS, SPYWARE AND OTHER HARMFUL PROGRAMS OR COMPUTER CODE DESIGNED TO ADVERSLY AFFECT THE OPERATION OF ANY COMPUTER SOFTWARE OR HARDWARE. CRANEWARE SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, COST OR EXPENSE WHICH MAY BE SUFFERED BY ANY PERSON ARISING FROM ANY SUCH HARMFUL CODE OR COMPUTER CODE.

NOTHING IN THIS CLAUSE OR THESE TERMS AND CONDITIONS SHALL EXCLUDE OR LIMIT CRANEWARE'S LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM CRANEWARE'S NEGLIGENCE, NOR CRANEWARE'S LIABILITY FOR FRAUDULENT MISREPRESENTATION, NOR ANY BREACH OF THE TERMS IMPLIED BY SECTION 12 OF THE SALE OF GOODS ACT 1979, NOR SECTION 2 OF THE SUPPLY OF GOODS AND SERVICES ACT 1982, NOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

YOU ACKNOWLEDGE AND ACCEPT THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT FREE AND MAY FROM TIME TO TIME REQUIRE PERIODS OF DOWNTIME (BEING PERIODS DURING WHICH THE SITE IS NOT AVAILIBLE TO THE USER) FOR THE PURPOSES OF REPAIR, MAINTENANCE AND UPGRADING. ACCORDINGLY, CRANEWARE DOES NOT GUARANTEE UNINTERRUPTED AVAILIBILITY OF THE SITE, BUT IT SHALL MAKE REASONABLE EFFORTS TO MINIMISE ANY PERIODS DURING WHICH THE SITE IS NOT AVAILIBLE.

Information about the user and the users visits to the site

Craneware processes information about users of the Site in accordance with Craneware's privacy policy. By using the Site, you consent to such processing and warrant that all data provided by you is accurate.

Hyperlinks

Where the Site contains links to other sites and resources provided by third parties, these links are provided for your information only. Craneware has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from the your use of them.

General

These Terms, the Privacy Policy and any other specific terms of use appearing anywhere on the Site constitute the entire agreement of the parties in relation to the use of the Site, and the Terms supersede any other agreements between the parties in this matter. If there is any conflict between these Terms and any information posted anywhere on the Site, these Terms shall prevail.

If any of these Terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms are intended to be effective, then to the extent that the term or condition is illegal, invalid or unenforceable, it shall be severed and deleted from the Terms and the remaining Terms shall survive, remain in full force and effect and continue to be binding and enforceable.

The rights of the parties under these Terms may be exercised as often as necessary. They are cumulative and not exclusive of either party’s rights under the general law, and may be waived only in writing. Delay in exercising or non-exercise of any right is not a waiver of that right.

Both parties shall comply with all applicable laws in performing their obligations pursuant to these Terms.

Neither party shall be liable for any breach of these Terms to the extent that such breach arises from any act of God, war, national emergency, act of terrorism, riot, civil commotion, fire, explosion, flood, storm, epidemic, power cuts or fuel shortages. Craneware is aware that some users may suffer from disabilities which make it difficult to access and use some parts of the Site. Within the constraints of the technology used to construct the Site, Craneware has made reasonable efforts to make the Site accessible to disabled users. Craneware would like to receive feedback from disabled users to help identify any features which such users may find difficulty to use and to allow Craneware to deliver improvements to the service received by such users. If a disabled user requires advice or would like to give feedback in relation to use of the Site, he/she should contact our "Help" section.

Variations

Craneware 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 Craneware has made, as they are binding on you.

Jurisdiction and Applicable Law

Except in relation to users who are situated in the United States of America, the Scottish courts will have exclusive jurisdiction over any claim arising from, or related to, your access to the Site although Craneware retains the right to bring proceedings against you for breach of these conditions in the your country of residence or any other relevant country. These Terms are governed by Scots law.

In relation to users who are situated in the United States of America, by using this Site you agree that any dispute that arises relating to this site shall be governed exclusively by the laws of Delaware, without regard to choice of law principles.

Users Concerns

If you have any concerns about material which appears on the Site, please contact webmaster@craneware.com.

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