Terms & Conditions

We take your privacy very seriously and follow the guidelines set down by the World Wide Web Consortium (W3C). Please refer to the W3C website for details of P3P and our Privacy Policy for a "human readable" version of these guidelines.

We are registered under the Data Protection Act.

1 DEFINITIONS

1.1 Definitions

1.1.2 For ease of reference, certain words used throughout these Terms and Conditions are given a specIfic meaning. These meanings are set out below:

1.1.4 "User" means any party using the Website or who has registered with ADK Investments Ltd to use the Website;

1.1.5 "Services" means the services offered by ADK Investments Ltd via the website and/or telephone, facsimile and post.

1.1.6 "Website" means ADK Investments Ltd's website hosted at www.ADK Investments.co.uk or such other website as ADK Investments Ltd may use from time to time.

1.1.7 "Material" means information, data, wording or graphics posted on the Website by ADK Investments Ltd and third parties.

2 BOOKING

2.1 Booking

2.1.1 There is no current booking charge for the service.

2.1.2 Each User undertakes to book using their correct name, address, and other requested details. In the event that any such information changes the User must notify ADK Investments Ltd of such change.

3 SERVICES

3.1 Information Services

3.1.1 While ADK Investments Ltd will take reasonable care in relation to the provision of Material, to the extent permitted by law, ADK Investments Ltd makes no representations or warranties regarding, nor is it responsible for the accuracy or completeness of, any Material on the Website, whether provided by ADK Investments Ltd or third parties. The Material is not provided for any specIfic or general purpose. No reliance should be placed on the Material by the User.

3.1.2 The User acknowledges that all copyright, trademarks (registered or unregistered), know-how, design rights (registered or unregistered) and all other intellectual property rights in the Material, the Website and the Services shall belong to ADK Investments Ltd or its licensor as the case may be and the User undertakes not to infringe any of the said rights. Other than to the extent required to access and view the Website, no copying, distribution, modIfication of the Website or any Material is permitted. Resale or supply of any Material is expressly prohibited.

3.1.3 The User acknowledges that certain Material is supplied under licence and that the intellectual property rights in such Material is owned by the licensor. Neither ADK Investments Ltd nor the licensor will be responsible for any errors or corruption in the Material provided.

3.1.4 ADK Investments Ltd grants the User a non-exclusive, non-transferable licence to use the Material on one Terminal at any one time, for which purpose a Terminal shall mean any identIfiable device, portable or otherwise, through which the User can receive, process and/or retrieve and/or display the Material, including but not limited to all types of computer screens, monitors, displays, telephones, personal computers and pagers.

3.1.5 The Material is provided for the User's personal use only.

3.1.6 The User shall ensure that third parties will not gain access to the Material in any manner, other than as set forth in the foregoing paragraph.

4.2 EXCLUSIONS AND LIMITATIONS

4.2.1 ALL WARRANTIES, CONDITIONS, REPRESENTATIONS OR OTHER TERMS IMPLIED BY STATUTE OR COMMON LAW AS TO THE NATURE OR QUALITY OF THE SERVICES OR OTHERWISE ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. ADK Investments LTD's MAXIMUM LIABILITY IN RESPECT OF THE PROVISIONS OF THE SERVICES (WHETHER ARISING IN NEGLIGENCE OR OTHERWISE) WILL BE LIMITED TO THE GREATER OF £100.00 OR AN AMOUNT EQUAL TO THE SUMS PAID OR PAYABLE BY OR TO A USER FOR THE GOODS AND SERVICES IN RELATION TO WHICH ANY CLAIM ARISES. ADK Investments LTD WILL IN NO EVENT BE LIABLE FOR ANY CONSEQUENTIAL OR INDIRECT LOSS OR DAMAGE OR FOR ANY LOSS OF PROFIT, DATA OR BUSINESS (HOWSOEVER CAUSED AND WHETHER ARISING OUT OF ANY BREACH OF THESE CONDITIONS, NEGLIGENCE OR OTHERWISE).

4.2.2 Nothing in these Terms and Conditions shall be construed as limiting or excluding liability for death or personal injury caused by the negligence of ADK Investments Ltd, its directors, employees or agents.

4.3 Reservation of Rights

ADK Investments Ltd reserves the right to remove from sale any goods or services, to cancel or withdraw listings or to suspend or cancel all or any of the Services for technical, legal or regulatory reasons. Wherever possible, ADK Investments Ltd shall provide notice of such matters. ADK Investments Ltd are not bound to allow a sale to proceed or to allow any User to take part in a sale nor are ADK Investments Ltd required to offer any of the Services. ADK Investments will not allow any web addresses or telephone numbers to be included within the description details section of the entry.

4.4 Interruption to the Services

The User accepts that computer and telecommunication systems are not fault free and may experience or require occasional periods of downtime (during which some or all of the Services will not be available) whether for repair, maintenance, upgrading or otherwise, and ADK Investments Ltd cannot guarantee uninterrupted availability. ADK Investments Ltd will use all reasonable endeavors to minimise such periods of non-availability. The User shall have no claim for breach of contract or otherwise in respect of any such period of non-availability.

4.5 Indemnity

The User shall indemnIfy ADK Investments Ltd against any and all claims, actions, damages, liabilities, costs and expenses including reasonable lawyer's fees and expenses arising out of:

(a) the User's breach or non-observation of any of the terms of this Agreement; or

(b) any breach or inaccuracy in any of the User's representation or warranties;

5 USER INFORMATION

ADK Investments Ltd complies with and respects your rights under the Data Protection Act 1998 and Directive 95/46/EC. The information you supply may be used to inform you of other services offered by ADK Investments Ltd, which we think, may be of interest to you. By accepting these Terms and Conditions Users consent to the use of their personal information in accordance with the terms of the Privacy Policy, which the User confirms it has accepted and read.

6 USER'S OBLIGATIONS

6.1 Restrictions

6.1.1 The User will not:

(a) transmit any message anonymously or under a false name;

(b) transmit any unlawful, threatening, abusive, harassing, libellous, defamatory, obscene, pornographic, profane or otherwise objectionable information of any kind, including without limitation any transmission constituting or encouraging conduct that would constitute a criminal offence or give rise to civil liability, under any applicable law;

(c) transmit any message which discloses private or personal matters concerning any person;

(d) transmit any information, file or software that contains a virus, worm, trojan horse or any other contaminating or destructive features;

(e) transmit any message, data, image or program that would violate the property rights of others, including unauthorised copyrighted text, images or programs, trade marks or trade secrets or other confidential proprietary information;

(f) interfere, in any way, with others use of or access to the Website; and

6.2 Suspension and Termination

ADK Investments Ltd reserves the right to suspend or terminate provision of Services to any User which is or appears to be in breach of any of the provisions of these Terms and Conditions, including the provision of false registration details or other misuse of Services, or where the User is subject to a change of control or ownership. Any User who is suspended or has the provision of Services terminated may not re-register without ADK Investments Ltd's prior consent.

6.3 Compliance with laws

The User undertakes to comply with all statutes, rules of law, regulations and codes of practice in relation to the purchase, storage, use and sale of goods and services.

7 BREACH AND INSOLVENCY

7.1 These Terms and Conditions are binding on ADK Investments Ltd and the User. If either ADK Investments Ltd or the User are in breach of these Terms and Conditions, the party not in breach may immediately terminate the User's registration with ADK Investments Ltd by notIfying the other in writing.

7.2 In the event that one party convenes a meeting of its creditors or If a proposal for a voluntary arrangement within Part I of the Insolvency Act 1986 or for any other composition scheme or arrangement with (or assignment for the benefit of) its creditors is made or If one party shall be unable to pay its debts within the meaning of Section 123 of the Insolvency Act 1986 or If a trustee, receiver, administrative receiver or similar officer is appointed in respect of all or any part of the business or assets of one party or If a petition is presented or a meeting is convened for the purpose of considering a resolution or other steps are taken for the winding up of one party or for the making of an administration order (otherwise then for the purpose of a solvent amalgamation or reconstruction), then the other party may terminate the User's registration with ADK Investments Ltd by notIfying the first party in writing.

8 GENERAL

8.1 ADK Investments Ltd reserves the right to make alterations to these Terms and Conditions (including commission rates) from time to time. In such event, Users will be informed via ADK Investments Ltd's home page on the Website. The provision of the Services will be governed by any altered Terms and Condition(s) 7 days after such Terms and Condition(s) appear. If any User does not wish to be governed by the new version of the Terms and Conditions, that User should notIfy ADK Investments Ltd and thereafter cease to use the Services with effect from the date when the new Terms and Conditions come into force.

8.2 Any notice to be given in writing under these Terms and Conditions will be validly served If given by email, facsimile or post to (in the case of the User) the contact methods given to ADK Investments Ltd by the User or (in the case of ADK Investments Ltd) to the appropriate contact methods on the Website.

8.3 ADK Investments Ltd's rights under the Terms and Conditions may be exercised as often as necessary, are cumulative and not exclusive of its rights under the general law and may be waived only in writing and specIfically. Delay in exercising or non-exercise of any right is not a waiver of that right.

8.4 Any right of rescission conferred upon ADK Investments Ltd by the Terms and Conditions shall be in addition to and without prejudice to all other rights and remedies available to ADK Investments Ltd.

8.5 The Terms and Conditions and the documents referred to in it constitute the entire agreement and understanding between the parties and supersede any previous agreement between the parties relating to the subject matter of the Terms and Conditions.

8.6 ADK Investments Ltd may assign or sub-contract its rights or obligations under these Terms and Conditions. Assignation or sub-contracting of the User's rights and obligations will be permitted only with the prior written consent of ADK Investments Ltd.

8.7 Each party acknowledges and agrees that in entering into the Terms and Conditions and the documents referred to in it, it does not rely on, and shall have no remedy in respect of, any statement, representation, warranty or undertaking (whether negligently or innocently made) of any person (whether a party to the Terms and Conditions or not) other than as expressly set out in the Terms and Conditions. Nothing in these Terms and Conditions shall, however, operate to limit or exclude any liability for fraud.

8.8 Neither party will be liable for any breach of these Terms and Conditions due to a matter outside that party's reasonable control.

8.9 If any provision of the Terms and Conditions becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect the legality, validity or enforceability in that jurisdiction of any other provision of the Terms and Conditions or the legality, validity or enforceability in any other jurisdiction of that or any other provision of the Terms and Conditions.

8.10 Nothing in these Terms and Conditions is intended to or shall operate to create a Partnership or joint venture of any kind between the parties, or to authorise either of the parties to act as agent for the other, and neither of the parties shall have authority to act in the name or on behalf of or otherwise to bind the other in any way (including but not limited to the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).

8.11 These Terms and Conditions shall be governed and construed in accordance with the law of Scotland and both parties hereby submit to the exclusive jurisdiction of the Scottish courts.

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