Cosmic Villas Terms & Conditions
Telephone: +44 20 8838 4466


1           INTRODUCTION

1.1

 

By using the Website you agree to be legally bound by these terms, which shall take effect immediately on your first use of the Website. If you do not agree to be legally bound by all the following terms please do not access and/or use the Website.
 

1.2

 

 

You will be able to access most areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register.
 

1.3

 

By accessing any part of this Website, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave this Website immediately.
 

1.4

 

The Company may revise this legal notice at any time by updating this posting. You should check this Website from time to time to review the then current legal notice, because it is binding on you and your continued use of the Website after changes are posted means you agree to be legally bound by these terms as updated and/or amended. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at this Website. 


2           DATA PROTECTION 

2.1

 

The Company's use of personal information supplied by you when you use this Website is governed by our Privacy Policy.


          LICENCE 

3.1

 

You may not copy, reproduce, republish, download, post, broadcast, transmit or otherwise use the Website content in any way except for your own personal and non-commercial use or as provided herein. You are permitted to print and download extracts from this Website for your own personal non commercial use on the following basis:
 

3.1.1

 

no documents or related graphics on this Website are modified in any way;
 

3.1.2

 

no graphics on this Website are used separately from accompanying text;
 

3.1.3

 

the Company’s copyright and trade mark notices and this permission notice appear in all copies;
 

3.1.3

 

you do not adapt, alter or create a derivative work from any Website content; and
 

3.1.4

 

any other use of the Website content requires the prior written permission of the Company.
 

3.2

 

Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by the Company or its licensors. For the purposes of this legal notice, any use of extracts from this Website other than in accordance with paragraph 3.1 above for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
 

3.3

 

Subject to paragraph 3.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without the Company’s prior written permission. 
 

3.4

 

Any rights not expressly granted in these terms are reserved. 


4           SERVICE ACCESS

4.1

 

While the Company endeavours to ensure that this Website is normally available 24 hours a day, the Company will not be liable if for any reason this Website is unavailable at any time or for any period. 
 

4.2

 

Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company’s control. 


5           VISITOR MATERIAL AND CONDUCT

5.1

 

Other than personally identifiable information, which is covered under the Privacy Policy, any material you transmit or post to this Website will be considered non-confidential and non-proprietary. The Company will have no obligations with respect to such material. The Company, its Licensors and its designees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes. 
 

5.2

 

You agree to use the Website only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else's use or enjoyment of the Website.
 

5.3

 

You are prohibited from posting or transmitting to or from this Website any material:
 

5.3.1

 

that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance, distress, harassment or inconvenience to any person;
 

5.3.2

 

for which you have not obtained all necessary licences and/or approvals;
 

5.3.3

 

which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
 

5.3.4

 

which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
 

5.4

 

You may not misuse the Website (including, without limitation, by hacking). 
 

5.5

 

The Company will fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or locate anyone posting any material in breach of paragraphs 5.2, 5.3 or 5.4.


6           CONTRIBUTIONS TO COSMIC VILLAS

6.1

 

Where you submit any contribution to the Website (including any text, photographs, graphics, video or audio) you agree, by submitting your contribution, to grant the Company and it’s Licensors a perpetual, royalty-free, non-exclusive, sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, and exercise all copyright and publicity rights with respect to your contribution worldwide and/or to incorporate your contribution in other works in any media now known or later developed for the full term of any rights that may exist in your contribution, and in accordance with privacy restrictions set out in the Company's Privacy Policy. If you do not want to grant to the Company the rights set out above, please do not submit your contribution to the Company.
 

6.2

 

Further to paragraph 6.1, by submitting your contribution to the Company, you:
 

6.2.1

 

warrant that your contribution;
 

6.2.1.1

 

is your own original work and that you have the right to make it available to the Company for all the purposes specified above;
 

6.2.1.2

 

is not defamatory; and
 

6.2.1.3

 

does not infringe any law; and
 

6.2.2

 

agree to indemnify the Company against all legal fees, damages and other expenses that may be incurred by the Company as a result of your breach of the above warranty; and
 

6.2.3

 

waive any moral rights in your contribution for the purposes of its submission to and publication on the Website and the purposes specified above.


7           LINKS TO AND FROM OTHER WEBSITES

7.1

 

Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. The Company has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. The Company therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
 

7.2

 

The Company cannot accept any liability in respect of the use of these websites.
 

7.3

 

If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:
 

7.3.1

 

you  do not remove, distort or otherwise alter the size or appearance of the Cosmic Villas Limited logo;
 

7.3.2

 

you do not create a frame or any other browser or border environment around this Website;
 

7.3.3

 

you do not in any way imply that the Company is endorsing any products or services other than its own;
 

7.3.4

 

you do not misrepresent your relationship with the Company nor present any other false information about the Company;
 

7.3.5

 

you do not otherwise use any Cosmic Villas Limited trade marks displayed on this Website without express written permission from the Company;
 

7.3.6

 

you do not link from a website that is not owned by you; and
 

7.3.7

 

your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
 

7.4

 

The Company expressly reserves the right to revoke the right granted in paragraph 7.3 for breach of these terms and to take any action it deems appropriate.
 

7.5

 

You shall fully indemnify the Company for any loss or damage suffered by the Company or any of its group companies for breach of paragraph 7.3.


8           REGISTRATION

8.1

 

Each registration is for a single location only. The Company does not permit you to share your user name and password, if any, with any other person nor with multiple users on a network.
 

8.2

 

Responsibility for the security of any passwords issued to you or created by you rests with you.


9           DISCLAIMER

9.1

 

While the Company endeavours to ensure that the information on this Website is correct, the Company does not warrant the accuracy and completeness of the material on this Website. The Company may make changes to the material on this Website, or to the products, services or prices described in it, at any time without notice. The material on this Website may be out of date, and the Company makes no commitment to update such material.
 

9.2

 

The material on this Website including the information, names, images, pictures, logos and icons regarding or relating to Cosmic Villas Limited and/or the Website, its products and services or any transaction that may be conducted on or through the Website (or to third party products and services), is provided “as is” and the Company does not make or give any endorsements, representations, conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by the governing law, the Company provides you with this Website on the basis that the Company excludes and disclaims all representations, warranties, conditions, duties and other terms whether express or implied of every nature whatsoever, except any duties of good faith, (including, without limitation, any express or statutory warranties, and any conditions or warranties whether they are implied or not by law of satisfactory quality, non-infringement, compatibility, security, merchantability, accuracy, fitness for particular purpose, timeliness, conditions of completeness, performance, availability, lack of negligence or of workmanlike effort and the use of reasonable care and skill or any implied warranty arising from course of dealing or usage or trade) which but for this legal notice might have effect in relation to this Website.
 

9.3

 

The Company does not warrant that the Website will meet your requirements or that the Website or functions contained in the Website content will be timely, uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available represent the full functionality, accuracy or reliability of the Website or is free of infection by viruses or bugs or anything else that has contaminating or destructive properties.
 

9.4

 

We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
 

9.5

 

To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the products and services.
 

9.6

 

THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER, NOR DOES IT AFFECT YOUR CONTRACT CANCELLATION RIGHTS.


10       LIMITATION OF LIABILITY

10.1

 

For the purpose of this clause 10 the ‘Company’ includes, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of the Company’s group companies and the officers, directors, employees, consultants, shareholders or agents of any of them or any persons engaged by the Company.
 

10.2

 

Nothing in this Legal Notice shall exclude or in any way limit the Company’s liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) fraudulent or negligent misrepresentation; or (iv) any liability which cannot be excluded or limited under applicable law. Subject to this but including any liability arising under any indemnity under this Agreement you agree that: 
 

10.2.1

 

the Company’s maximum aggregate liability and responsibility for any amount or kind of loss or damage, which has not been excluded or limited pursuant to this clause 10, that you or any third party incur out of, in relation to or in connection with this Legal Notice or your use of the Website in any way, whether as a result of a failure, act or omission or whether in contract, negligence, breach of duty or other tortuous action or for pre-contract or other representations whether or not such loss or damage is foreseeable or known, is as follows: -
 

10.2.1.1

 

If you have registered a location, your remedy is limited to the direct damages you actually incur arising out of your use of the Website which is subject to a limit equal to the amount paid by you to the Company, if any, to access this Website. You may at your option receive paid for services from the Company at no cost up to the equivalent value of this limit in place of monetary damages. 
 

10.2.1.2

 

If you have not registered a location, then to the extent we cannot remedy the relevant fault in the Website, your remedy is limited to receiving paid for services from the Company at no cost up to the value of the direct damages you actually incur arising out of your use of the Website which is subject to a limit equal to the amount paid by you to the Company, if any, to access this Website. You may not receive monetary damages. 
 

10.2.2

 

in addition to but separate from the exclusions and limitations in clauses 10.2.1, 10.2.3 and clause 10.3 and to the full extent allowed by applicable law, the Company will not be liable, whether as a result of a failure, act or omission or whether in contract, negligence, breach of duty or other tortuous action or for pre-contract or other representations or in any other way, for any amount or kind of loss or damage that you or any third party incur which are not a direct consequence of your use of the Website including without limitation any damages arising from use or loss of use, business interruption, any economic losses (including without limitation loss of revenues, profits, actual or anticipated income, contracts, business or anticipated savings) or loss of privacy or use of money or loss of or damage to data, goodwill or reputation or which arise as a result of you using the Website outside the scope of these terms and conditions and whether or not such loss or damage is foreseeable or known.
 

10.2.3

 

in addition to but separate from the exclusions and limitations in clauses 10.2.1, 10.2.2 and clause 10.3 and to the full extent allowed by applicable law, the Company will not be liable to you or any third party whether as a result of a failure, act or omission or whether in contract, negligence, breach of duty or other tortuous action or for pre-contract or other representations or in any other way, for any other indirect, special, consequential, incidental, punitive or exemplary losses or damages of any amount or kind whatsoever that arise out of, are related to or are in connection with this Legal Notice or your use of the Website and whether or not such loss or damage is foreseeable or known. 
 

10.3

 

If a court of competent jurisdiction determines that any of the above limits or exclusions on the Company’s liability are unenforceable, then you agree that in any event our total liability to you shall not exceed damages or losses greater than twice the amount paid by you to the Company, if any, to access this Website.
 

10.4

 

If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.   


11.       GENERAL

 

If there is any conflict between these terms and specific terms appearing elsewhere on the Website then the latter shall prevail.


12.       ENFORCEABILITY

 

If any condition or term of this legal notice is deemed by any court of competent jurisdiction to be illegal, invalid or otherwise unenforceable, then to the extent to which that condition or term is illegal, invalid or unenforceable, it shall be severed and deleted from this Legal Notice and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable to the fullest extent permitted by law.


13.       ENTIRE AGREEMENT

13.1

 

You agree that: -
 

13.1.1

 

This Legal Notice, and the documents referred to in it, constitutes the entire agreement and understanding of you and the Company and supersedes any previous agreement between you and the Company relating to the subject matter of this agreement.
 

13.1.2

 

You and the Company acknowledge and agree that in entering into this agreement you and the Company do not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to this agreement or not) other than as expressly set out in this agreement as a warranty.
 

13.1.3

 

The only remedy available to you for breach of the warranties shall be for breach of contract under the terms of this agreement.

PROVIDED THAT this clause shall not exclude any liability which you or the Company would otherwise have to the other or any right which either of them may have to rescind this agreement in respect of any statements made fraudulently by the other prior to the commencement of this agreement or any rights which either of them may have in respect of fraudulent concealment by the other.


14.       THIRD PARTY RIGHTS

 

Save as expressly provided for in this Legal Notice, no term of this Legal Notice shall be enforceable by a third party (being any person other than the parties and their permitted successors and assignees) and for the avoidance of doubt no term of this agreement shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by a third party. 


15.       ASSIGNMENT

 

The Company may assign any and all rights, benefits or burdens as it thinks fit without any prior notice to you. 


16.       GOVERNING LAW AND JURISDICTION

 

This legal notice sherned by and interpreted and construed in accordance with English law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the English courtsall be gov.

Issue Date: January 2005 

IT Manager
Cosmic Villas Limited
Suite 7, Cumberland Business Park
17 Cumberland Avenue
London NW10 7RT

Email       webmaster@cosmicvillas.com
Tel           ++ 44 (0)20 8838 4466
Fax         ++ 44 (0)20 8838 4499