Terms of Use

The Metal Packager

Website Terms & Conditions                                                              1 July 2021

BACKGROUND:

This agreement applies as between you, the User of this Website and The Metal Packager, the owner(s) of this website.  Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.

  1. Definitions and Interpretation

In this Agreement the following terms shall have the following meanings: 


“Content”
Means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this website;
The Metal PackagerMeans collectively either The Metal Packager (the trading name), or those associated with The Metal Packager.
Servicemeans collectively any online facilities, tools, services or information that The Metal Packager makes available through the website either now or in the future;
SystemMeans any online communications infrastructure that The Metal Packager makes available through the website either now or in the future.  This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“User” / “Users”Means any third party that accesses the website and is not employed by The Metal Packager and acting in the course of their employment; and..
“Web Site”Means the website that you are currently using (The Metal Packager) and any sub-domains of this site (e.g. subdomain. The Metal Packager) unless expressly excluded by their own terms and conditions.
  • Intellectual Property All Content included on the website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of The Metal Packager, our affiliates or other relevant third parties.  By continuing to use the website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other relevant laws.
    • Subject to sub-clause 2.3 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the website unless otherwise indicated on the website or unless given express written permission to do so by The Metal Packager.
    • Material from the website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
  • Links to Other Websites This website may contain links to other sites.  Unless expressly stated, these sites are not under the control of The Metal Packager or that of our affiliates.  We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.  The inclusion of a link to another site on this website does not imply any endorsement of the sites themselves or of those in control of them.
  • Links to this Website Those wishing to place a link to this website on other sites may do so only to the home page of the site metalpackager.com without prior permission.  Deep linking (i.e. links to specific pages within the site) requires the express permission of The Metal Packager. To find out more please contact us by email TBC.

Privacy

For the purposes of applicable data protection legislation, The Metal Packager will process any personal data you have provided to it in accordance Privacy Policy available on the The Metal Packager website or on request from The Metal Packager.

You agree that, if you have provided The Metal Packager with personal data relating to a third party (1) you have in place all necessary appropriate consents and notices to enable lawful transfer such personal data to The Metal Packager and (2) that you have brought to the attention of any such third party the Privacy Notice available on the The Metal Packager’s website or otherwise provided a copy of it to the third party. You agree to indemnify The Metal Packager in relation to all and any liabilities, penalties, fines, awards or costs arising from your non-compliance with these requirements.

Disclaimers

The Metal Packager makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service.

No part of this Website is intended to constitute advice and the content of this website should not be relied upon when making any decisions or taking any action of any kind.

Availability of the Website

The Service is provided “as is” and on an “as available” basis.  We give no warranty that the Service will be free of defects and / or faults.  To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

The Metal Packager accepts no liability for any disruption or non-availability of the website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

Limitation of Liability

To the maximum extent permitted by law, The Metal Packager accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the website or any information contained therein. Users should be aware that they use the website and its content at their own risk.

Nothing in these terms and conditions excludes or restricts The Metal Packager’s liability for death or personal injury resulting from any negligence or fraud on the part of The Metal Packager.

Every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977.  However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions.  This term shall apply only within jurisdictions where a particular term is illegal.

No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

Notices

All notices / communications shall be given to us either by post to our Premises (see address above).  Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

Law and Jurisdiction

These terms and conditions and the relationship between you and The Metal Packager shall be governed by and construed in accordance with the Law of England and Wales and The Metal Packager and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.

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