Terms and Conditions
Please read carefully our terms and conditions which apply to your use of this site. By using our site you enter into a binding contract with the following terms and conditions. If there is anything you do not understand please feel free to e-mail any enquiry to the email address provided below:
1. We will permit you to access, use and interact with our site subject to these terms and conditions.
2. In these terms and conditions:
1. our site means our presence on the Internet;
2. our, we, this company, and us means Fuel Cell Markets Ltd and where applicable, its officers, employees and authorized agents; and
3. you and your include any business with which you are associated and on behalf of which you use our site
3. Your Obligations
1. You agree that your use of our site and all information uploaded by you to our site shall be legal, decent, honest and truthful, shall not infringe any third party’s rights, shall not contain any viruses or other malicious computer programming routines.
2. You are solely responsible in all respects for all use of and for protecting the confidentiality of your user name and password. You may not share these with or transfer them to any third party. You will promptly notify us of any unathorised use of them or any other breach of security.
3. You agree that in the event you have any right, claim or action against any user of the site then you will pursue such right, claim or action independently of and without recourse to us.
4. You will indemnify us against all costs, claims damages or other expenses whatsoever incurred by us resulting from any breach by you of these terms and conditions.
4. Exclusions and Limitations
1. We do not represent or warrant that access to our site, or any part of it will be uninterrupted, reliable or fault free.
2. We do not represent or warrant to you that our site or any of its contents will be accurate, complete or reliable.
3. We do not represent or warrant that any services (whether or not provided by us) will be provided with due care and skill
4. To the extent permitted by law, we exclude all liability (whether arising in contract, tort or otherwise and whether or not due to our negligence) which we may otherwise have to you as a result of:
4.1 Any technical, factual, textual or typographical inaccuracies, errors or omissions on or relating to our site (or any part of it, goods or services;)
4.2 The unavailability of our site (or any part of), goods or services;
4.3 Any delay in providing, or failure to provide or make available, goods or services or any negligent provision of goods or services;
4.4 Any goods not being of merchantable quality or fit for their intended purpose; or
4.5 Any misrepresentation on or relating to our site, the goods or the services (other than a fraudulent misrepresentation made by us or on our behalf).
5 You agree that we shall have no liability of indirect or consequential losses, loss of data, income or profits or damages for loss of or damage to property.
6 You agree that each of these limitations is reasonable having regard to the nature of our site and in particular given that when you purchase information, goods or services through our site you will enter into a separate contract with the supplier in each case.
7 None of the exclusions or limitations in this clause 4 shall exclude or restrict our liability for death or personal injury caused by our negligence.
8 Each of the above exclusions or limitations shall be construed as a separate, and severable, provisions of these terms and conditions.
5. Third Party Links
In an attempt to provide increased value to you, we may provide links to other websites or resources. Links are provided for your convenience and inclusion of any link does not imply endorsement or approval by us of the linked site, its operator or content. We are not responsible for the content of any website outside our site nor for any loss or damage howsoever caused to you by your use of these links.
6. Use Limitation
You agree that you will use our site only for internal business purposes and that you shall not grant or purport to grant any licences or sub licences in respect thereof.
7. Intellectual Property Rights
1. All trade marks, brand names, product names, titles and copyrights used in this site are trade marks, brand names or copyrights of their respective holders. No permission is given by us in respect of the use of any of them and such use may constitute an infringement of the holders rights.
2. You hereby grant us a perpetual royalty-free, irrevocable licence to copy, issue copies, communicate to the public, make publicly available and include in a cable programme service (either in whole or in part or in a modified or edited form) any material you up-load or post to our site. You agree that such material is not up-loaded or posted subject to any obligation of confidence.
1. We have the right, but are under no obligation to, monitor any activity and content associated with the site. We may investigate any reported violation of the terms and conditions or complaints and take any action that they deem appropriate.
2. We reserve the right in their sole discretion to deny you access to our Site without notice and to decline to provide the service to you if you are in breach of these terms and conditions of use.
1. We are providing this site on as as is and as available basis and makes no representations or warranties of any kind with respect to this Site or its contents and disclaims all such representations and warranties. In addition we make no representations or warranties about the accuracy, completeness of suitability for any purpose of the information and related graphics published by this Site. The information contained in our site may contain technical inaccuracies or typographical errors. All our liability howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
2. Nether this company nor any of its directors, employees or other representatives will be liable for loss or damage arising out of or in connection with the use of this site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims from third parties.
3. Notwithstanding the forgoing, none of the exclusions and limitations in this clause 9 are intended to limit any rights you may have as a consumer under local law or other statutory rights which may not be excluded in any way to exclude or limit our liability to you for death or personal injury resulting from our negligence or that of our employees.
We reserve the right at any time without notice to revise the contents of our site and these terms and conditions. Any changes to these terms and conditions will be posted on our site and by continuing to use our site following any such change you will signify that you agree to be bound by the revised terms and conditions of use.
2. Applicable Law and Jurisdiction
These terms and conditions (and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to them or their formation) shall be governed by and interpreted in accordance with English law and, for these purposes the parties irrevocably submit to the exclusive jurisdiction of the English Courts.
The enforceability or otherwise of any provisions of these terms and conditions shall not affect the enforceability of the rest of these terms and conditions.
4. Events Beyond Our Control
We shall not be liable to you for an breach of these terms and conditions of use or any failure to provide or delay in providing our services through our site resulting from any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, fire explosion or accident.
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address below, and all notice from us to you will be displayed on our site from time to time.