Terms and Conditions

 

Last updated on: Jan 06, 2014

Acknowledgement and Acceptance of Terms of Use

Thank you for visiting our web site. Please read the terms and conditions of use (the “Terms of Use”) set forth below carefully as they contain the legal terms that govern your use of any web site web page, services and products operated or provided by 1ST Guard Security UK LTD (“1ST Guard Security”, “we” or “us”) (collectively referred to as, the “Services”). By accessing, viewing, downloading or otherwise using the Services you agree to be bound by the Terms of Use and any other policies or agreements made part of the Terms of Use by reference, including without limitation the Privacy Policy, as well as any new, different or additional terms, conditions or policies which 1ST Guard Security may establish from time to time.

If you do not agree to the Terms of Use, then you must discontinue accessing the Services. 1ST Guard Security may modify the Terms of Use at any time, without notice and in its sole discretion. Your continued use of any of the Services after any modification will constitute your acknowledgement and acceptance of the Terms of Use as modified. Please consult the Terms of Use regularly.

Registered Member Passwords / Account Access

In accordance with the Terms of Use, certain Services may require that you register as a member of the Services (a “Registered Member”) and to provide information about yourself (such as identification or contact details) as part of the registration process for a Service, or as part of your continued use of the Services. You agree that any registration information you give to 1ST Guard Security will always be accurate, correct and up to date.

By using the Services, you represent and warrant that you have the right, authority, and capacity to enter into the Terms of Use and to abide by all of the terms and conditions set forth herein.

Privacy

1ST Guard Security policies and procedures with respect to its collection and use of your personal information are governed by our privacy policy (the “Privacy Policy”), which is incorporated into the Terms of Use by reference. To view the Privacy Policy, please visit http://www.1stguardsecurity.co.uk/privacy/. The Privacy Policy provides your rights and our responsibilities with regard to your personal information. We will not use your information in any way inconsistent with the purposes and limitations provided in the Privacy Policy. We will not use your information in any way inconsistent with the purposes and limitations provided in the Privacy Policy.

Products and Services

All products and services referred to through the Services are subject to the terms of the applicable Separate Agreement (as defined below) governing their use. The Services do not constitute an offer or solicitation to anyone in any jurisdiction in which such an offer or solicitation is not authorized or to any person to whom it is unlawful to make such a solicitation. 1ST Guard Security software is provided subject to a License Agreement (as defined below) and you agree that you will be bound by such License Agreement.

Other agreements; Services or Access: 1ST Guard Security may certain of the Services under the terms of a separate agreement between you and 1ST Guard Security (a “Separate Agreement”). 1ST Guard Security obligations with respect to any product, service, or access that it makes available to you under any Seperate Agreement shall be governed solely by the Seperate Agreement under which such product or service is provided and these Terms of Use shall not be deemed or construed to alter the terms of such Separate Agreements, unless otherwise provided for in an Seperate Agreement.

Conduct

Certain of the Services are community oriented. Please remember that any of Your Content that you submit or display in connection with the Services is your own responsibility and we expect you to take utmost care to ensure that Your Content remains friendly, courteous, respectful of others and is in compliance with these Terms of Use.

You are required to comply with all applicable laws in connection with your use of the Services and such further limitations as may be set forth below and in any written or on-screen notice from 1ST Guard Security. You may not use the Services for any purpose that is unlawful or prohibited by these Terms of Use or are otherwise harms 1ST Guard Security t, its affiliates, its service providers, suppliers or customers.

Misprints and Errors

We endeavor to provide current and accurate information on or through our Service. Nevertheless, errors and misprints may occur. Accordingly, we reserve the right to reject, correct, cancel or terminate any order for Services for which the price was incorrectly displayed or where we otherwise displayed erroneous or inaccurate information. 1ST Guard Security is not obligated to sell products or services based on errors or misprints on any 1ST Guard Security web site.

Return Policy

1ST Guard Security policies and procedures with respect to the return of products purchases made directly from 1ST Guard Security are governed by our return policy (the “Return Policy”), which is incorporated into the Terms of Use by reference.

Copyright

Information on the Services, including but not limited to text, graphics, images, downloadable content, and links to other Internet resources, (the “Services Information”) is protected under the copyright laws of England. Certain items of the Services Information may be the copyright of others. Unless otherwise specified, no one has permission to copy, redistribute or republish, in any form, any of the Services Information.

1ST Guard Security respects the intellectual property of others and we ask our users to do the same.
If you wish to notify 1ST Guard Security of an alleged copyright infringement, or if you are the valid copyright owner to a logo or graphic image in use by 1ST Guard Security (whether submitted by you or a third party) in connection with the Services, you may contact 1ST Guard Security as set forth above and request that we remove such materials. All such requests must include: (i) contact information for you, including name address, telephone number and/or email address; (ii) a description of the copyrighted work that you wish to have removed from the Services (the “Materials”); (iii) a description of where the Material is located on the Services – for logos, such description should include an image file name and/or URL link associated with the logo; (iv) a statement by you, made under penalty of perjury, that you are the copyright owner of the Material or have been expressly authorized to make the request on behalf of the copyright owner; and (v) an electronic or physical signature of the copyright owner of the Material or a person authorized to act on behalf of the copyright owner. Failure to include all of the information above may result in the inability to process your request and/or fully remove the Materials from the Services.

Trademark

Unless otherwise indicated, all marks displayed on the Services are subject to1ST Guard Security trademark rights. All rights in the product names, company names, trade names, logos and designs of 1ST Guard Security or a third-party, whether or not appearing with the trademark symbol, belong exclusively to 1ST Guard Security or their respective owners, and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws, as applicable.

Indemnity

You agree to indemnify and hold 1ST Guard Security, its subsidiaries, affiliates, licensors, employees, agents, officers and directors (the “Indemnified Parties”) harmless from and against any and all liability, losses, costs, and expenses (including legal fees) incurred by any Indemnified Party in connection with any claim (whether by 1ST Guard Security and/or a third party), including without limitation, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, or trademark infringement, that arises out of:

1. your use of the Services;
2. your connection or access to the Services;
3. your violation of the Terms of Use; or
4. your violation of the rights of any other person or entity.

We reserve the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

Data and Access Disclaimer

We disclaim any responsibility for the deletion, the failure to store, the misdelivery, or the untimely delivery of any information or material. We disclaim any responsibility for any harm resulting from downloading or accessing any information or material on the Internet using the Services.

The Services are “As-Is”

USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED “AS IS”. 1ST Guard Security AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (1ST Guard Security Parties”) EXPRESSLY DISCLAIM ALL CONDITIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE 1ST Guard Security PARTIES DO NOT WARRANT THE ACCURACY, ADEQUACY, TIMELINESS, OR COMPLETENESS OF SERVICES OR ANY PART THEREOF, AND DISCLAIMS LIABILITY FOR ANY ERRORS OR OMISSIONS.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE 1ST Guard Security PARTIES MAKE NO WARRANTY THAT (1) ANY OF THE SERVICES WILL MEET YOUR REQUIREMENTS; (2) ANY OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, AND ANY RESULTS OF USE OF THE FUNCTIONALITY OF THE SERVICES WILL BE ACCURATE, RELIABLE OR COMPLETE; AND (4) THE QUALITY OF ANY GOODS, SERVICES, INFORMATION OR OTHER MATERIAL THAT MAY BE OFFERED AND SUBSEQUENTLY PURCHASED OR OBTAINED BY YOU THROUGH 1ST Guard Security WILL MEET YOUR EXPECTATIONS. YOU ACKNOWLEDGE AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM 1ST Guard Security OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

Limitation Of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE 1ST Guard Security PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, LOSS OF USER CONTENT, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE 1ST Guard Security PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (1) THE USE OR THE INABILITY TO USE ANY OF THE SERVICES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY IN CONNECTION WITH THE SERVICES; OR (5) ANY SERVICES INFORMATION OR OTHER MATTER RELATING TO THE SERVICES OR 1ST Guard Security.

Third Party Web Site Disclaimer

Please note that certain links made available through the Services may take you to other web sites. Links to other web sites or other resources which are not created or controlled by 1ST Guard Security (“Linked Sites”) are intended for convenience only. Linked Sites are wholly independent from 1ST Guard Security, therefore 1ST Guard Security has no control over any products, services, materials, or other information contained in or available through these third party web sites. Therefore, access to any third party web sites through the Services, regardless of whether the third party web site is a Linked Site or not, is entirely at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive devices, programs. 1ST Guard Security makes no representation or warranty regarding, nor endorses, any Linked Sites or the information appearing thereon or any of the products or services described thereon.

E-mail to 1ST Guard Security

E-mail sent over the Internet is not secure and not confidential and may be intercepted or lost or possibly altered. If you send 1ST Guard Security confidential information by e-mail, 1ST Guard Security will not be liable if it is lost or intercepted, altered or misused by someone else. If you send 1ST Guard Security e-mail, you agree that 1ST Guard Security may (at its sole discretion) respond to you by e-mail, and provide by e-mail any confidential information that you have requested; you also agree that 1ST Guard Security will not be liable if the information provided is lost or intercepted, altered or misused by a third party. Subject to our commitment to handle personal information pursuant to our Privacy Policy any communication or material you post or transmit to 1ST Guard Security over the Internet is, and will be treated as, non-confidential and non-proprietary. Furthermore, do not post or transmit any unlawful, threatening, libellous, defamatory, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability or violate any law.

Beneficiaries

1ST Guard Security Parties are not parties, but intended third party beneficiaries of the Terms of Use, with a right to enforce the Agreement directly against you.

Assignment

You may not assign any rights or obligations under the Agreement and any purported assignment shall be ineffective. 1ST Guard Security assign or delegate all rights and obligations under the 1ST Guard Security without notice to you.

General Provisions

The failure of 1ST Guard Security to exercise or enforce any right or provision of the Terms of Use shall not operate as a waiver of such right or provision. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect. If any provision of the Terms of Use is unlawful, void or unenforceable, that provision is deemed severable from the Terms of Use and does not affect the validity and enforceability of any remaining provisions.