Copyright and Legal Statement
Website Terms and Conditions of Use
1. Website Operator
This website is operated by Bluff Cove.
2.1 Bluff Cove grants you a non-exclusive licence to use this website upon the following Terms and Conditions.
The website to which these terms and conditions apply and for which we are responsible is www.falklandpenguins.com.
2.2 Bluff Cove may terminate this licence at any time without notice.
3. Materials in Site
3.1 This website contains material which is owned by or licensed to the Operator. This material includes, but is not limited to, the design, layout, look, appearance and graphics. It is protected by intellectual property laws including, but not limited to, copyright.
3.2 You may view, use, download and store the material on this website for personal and research use only provided that no materials are modified, no graphics are used separately from accompanying text. Our copyright and trade mark notices appear in all copies and you acknowledge this website as the source of the material and the person whom you provide these materials are made aware of these restrictions. Commercial use is not permitted. The re-distribution, republication, or otherwise making available of the material on this website to third parties, without the prior written consent of Bluff Cove is prohibited.
3.3 Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
4. Accuracy of Information
4.1 The information in this website is given in good faith and for general information and interest only. It is subject to change without notice. Bluff Cove is not responsible for any inaccuracies and (except as set out in clause 6.3) makes no representation and gives no warranty as to its accuracy.
4.2 The information in this website should not be relied on and does not constitute any form of advice or recommendation. By using this website you confirm that you have not relied on any such information. Any arrangements made between you and any third party named or referred to on the website are entirely at your sole risk and responsibility.
5.2 You may not create a link to this website from another website or document without the prior written consent of Bluff Cove.
6. Contracting On Line
6.1 Nothing on this website is intended to be nor should be construed as an offer to enter into a contractual relationship with you or anyone else, except for these terms and conditions which govern the relationship between us in relation to your use of the website.
6.2 If you make a contract with a third party who is named or referred to on this website, it is your responsibility to ensure that you are comfortable with the terms of that contract and to take legal advice if necessary.
7.1 Bluff Cove does not guarantee that use of this website will be compatible with all hardware and software which may be used by visitors to the site.
7.2 Except as set out in Clause 7.3, Bluff Cove will be under no liability to you whatsoever whether in contract, tort (including negligence), breach of statutory duty, restitution or otherwise for any injury, death, damage or direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and like loss) howsoever caused arising out of or in connection with the use of this website or the use, accessing, downloading or relying on any information or other materials contained in this website, including, without limitation, as a result of any computer virus.
7.3 These Terms and Conditions do not exclude its liability (if any) to you for personal injury or death resulting from the negligence of Bluff Cove, for fraud or for any matter which it would be illegal for Bluff Cove to exclude or to attempt to exclude its liability.
9. Download Times
In order to make the website more user-friendly and allow the amount of information to be increased, a number of software applications are used. The website may make use of various technologies including Macromedia Flash and Adobe Acrobat (PDF) software, for example. These may take more time to load than conventional HTML web pages, especially if you are accessing the website using a dial-up connection to the Internet or via a mobile device or any other wireless connection. By proceeding to download the Flash or Adobe Acrobat parts of the website you acknowledge the increased download time and computing resource needed.
10. Online Support
If you are entitled to receive online support you will be contacted by our Customer Services Department and provided with a login and password. It is your responsibility for the management, security and proper use of all user login details and passwords allocated to you. You should take all necessary steps to ensure that they are kept confidential and secure, used properly and not disclosed to unauthorised persons. In the event that login details and password is no longer required you will ensure that these details are deleted from your system.
11.Jurisdiction and acceptance of these Terms and Conditions
This website is controlled and operated by Bluff Cove from its offices in The Falkland Islands. The formation, existence, construction, performance, validity in all aspects whatsoever of these Terms and Conditions or of any term of these Terms and Conditions or any dispute in relation to the materials contained in this website shall be governed by Falkland Island law. The Falkland Island courts shall have exclusive jurisdiction to settle any disputes which may arise out of or in connection with these Terms and Conditions or use of the website.
11.1 Your continued use of this website indicates your acceptance of these Terms and Conditions.