Terms and Conditions

Please read the following terms and conditions carefully. Your use of this site is subject to these and by using the website, you show you are in agreement with such terms. If you are not in agreement, please do not use the site.

Trademarks

The images, logos and names on this website which identify A3D2 Ltd or third parties and their products and services are proprietary marks of A3D2 Ltd and/or the relevant third parties. Nothing contained in this website shall be deemed to confer on any person any licence or right on the part of A3D2 Ltd or any third party with respect to any such image, logo or name.

Disclaimer

Whilst A3D2 Ltd has taken care in the preparation of the contents of this Web Site, this Web Site and the information, names, images, pictures, logos, icons regarding or relating to A3D2 Ltd, or the products and services of the same (or to third party products and services), are provided on an “as is” basis without any representation or endorsement being made and without any warranty of any kind, whether express or implied, including but not limited to, any implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. To the extent permitted by law, all such terms and warranties are hereby excluded. In no event will A3D2 Ltd and/or any A3D2 Ltd group company be liable (whether in contract or tort (including negligence or breach of statutory duty) or otherwise) for any losses sustained and arising out of or in connection with use of this Web Site including, without limitation, loss of profits, loss of data or loss of goodwill (in all these cases whether direct or indirect) nor any indirect, economic, consequential or special loss.

A3D2 Ltd does not represent that the information contained in this Web Site is accurate, comprehensive, verified or complete, and shall accept no liability for the accuracy or completeness of the information contained in this Web Site or for any reliance placed by any person on the information.

A3D2 Ltd does not warrant that the functions or materials accessible from or contained in this Web Site will be uninterrupted or error free, that defects will be corrected or that this Web Site or the server that makes it available are virus or bug free or represent the full functionality, accuracy, reliability of the materials.

If any of these Terms and Conditions (or any terms and conditions relating to a product or service referred to in this Web Site) should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which such terms and conditions are intended to be effective, then to the extent of such illegality, invalidity or unenforceability, and in relation to such state or country only, such terms or condition shall be deleted and severed from the rest of the relevant terms and conditions and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.

Copyright

The copyright in the material contained in this website belongs to A3D2 Ltd or its licensed source. Any person may copy any part of this material, subject to the following conditions:

• The material may not be used for commercial purposes;
• The copies must retain any copyrights or other intellectual property notices contained in the original material;
• The products and technology or processes described in this website may be subject to other intellectual property rights reserved by A3D2 Ltd or by other third parties (and no licence is granted in respect of those intellectual property rights);
• Images on the website are protected by copyright and may not be reproduced or appropriated in any manner without the written permission of their respective owner(s).

Links To Other Websites

Certain links may lead you to websites that are not under the control of A3D2 Ltd. When you activate any of these links, you will leave the A3D2 Ltd website and A3D2 Ltd has no control over and will accept not responsibility or liability in respect of the material on any such other website. By allowing links with third party websites A3D2 Ltd does not intend to solicit business or offer any security to any person in any country, directly or indirectly.

Jurisdiction and Law

Unless otherwise specified, the products and services described in this website are available only to UK residents. The information on this website is not directed at anyone other that UK residents and applications from others will, unless otherwise stated, not be accepted. A3D2 Ltd makes no representation that any product or service referred to on the website are appropriate for use, or available in other locations. The information and other materials contained in this website may not satisfy the laws of any other country and those who choose to access this site from other locations are responsible for compliance with local laws if and to the extent local laws are applicable.

These terms and conditions and any terms and conditions relating to products or services described in this website shall be governed by and construed in accordance with the laws of England and Wales. Disputes arising in relation to the same shall, unless otherwise expressly agreed, be subject to the exclusive jurisdiction of the courts of England and Wales.

Monitoring of Telephone Calls / Emails

Telephone calls using the telephone numbers provided on this website and email correspondence with A3D2Ltd at the email addresses accessible through, or discernible from, this website may be recorded or monitored. By using such communication methods you are consenting to the recording or monitoring of the same.

Commercial Usage

This website is for non-commercial, personal use only. The services contained on this website may be supplied on a commercial basis on payment to A3D2Ltd. Please contact A3D2 Ltd Leisure on 020 7434 0030.

Changes to Terms and Records of Agreements

We reserve the right to change these terms and conditions at any time by posting changes on the website. It is your responsibility to review the website terms and conditions regularly to ensure you are aware of the latest terms and conditions. Your use of this website after a change has been posted will be seemed to signify your acceptance of the modified terms and conditions. We recommend that you print off and retain for your records a copy of these terms and conditions from time to time. We also recommend you print any application forms you complete online. Any amendment to terms and conditions must be agreed in writing by us, or, if appropriate, by the relevant company with whom you contact.

Applications for Services

Details of services (and any offers) provided online are subject to change without notice. All products and services are subject to availability and we give no guarantee in this regard. The provision of details of services on this website are not, and should not be construed as, an offer sell or buy such services by the relevant company. The company advertising the services concerned may accept or reject your offer at its sole discretion.

Service Terms and Conditions

If you apply for any service detailed on this website, these Terms and Conditions should be read in conjunction with any other Terms and Conditions which relate to any such service and in the event of any contradiction between these Terms and Conditions and the specific Terms and Conditions relating to such service, the latter shall prevail.

Ownership of Website

This website belongs to A3D2 Ltd. Registration Number 4383546 Registered Office Clareville House, 26-27 Oxendon Street, London, SW1Y 4EL

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Alterations

A3D2 ltd reserves the right, at any time and without prior notice, to remove or cease to supply any product or service contained on this website. In the event that such removal takes place we shall not be liable to you in any way whatsoever for such removal.

Latenightlondon "Little Black Book" Desktop Application Terms and Conditions of Use

These terms and conditions govern your use of the application services. These terms apply as soon as you start to use the Application.

1. You are hereby granted a non-exclusive, non-transferable right to the Application for your personal use.
2. You shall not access, store, distribute or transmit any viruses or any material which:
   1. Is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
   2. Facilitates illegal activity;
   3. Depicts sexually explicit images;
   4. Promotes unlawful violence;
   5. Is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability, or any other illegal activity; or
   6. Causes damage or injury to any person or property;
   7. We reserve the right to disable your access to the Application if you breach any of these provisions.
3. By using this Application you agree to:
   1. comply with all applicable laws, regulations and guidelines applicable thereto;
   2. undertake all your responsibilities under these terms;
   3. ensure that your internet and computer systems are compatible to your use of the Application; and
   4. be responsible for all costs, charges, fees and expenses related to your computer, internet connection and telecommunications links required to use the Application.
4. You may not, without our express consent:
   1. attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any part of the Application in any form or media or by any means; or
   2. attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human readable form all or any part of the Application; or
   3. access all or any part of the Application in order to build a product or service which compares to the Application; or
   4. use the Application to provide services to another party; or
   5. licence, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit or otherwise make use of the Application except as expressly agreed by us; or
   6. attempt to obtain, or assist any other party in obtaining access to the Application other than through these terms.
5. No warranty is given regarding your use or experience of the Application but we shall use commercially reasonable endeavours to make the Application available to you 24 hours a day seven days a week except during periods of;
   1. Planned maintenance; and
   2. Unscheduled maintenance.
6. In the event that there is any loss or damage to your data held within the Application your sole and exclusive remedy against us shall be our use of commercially reasonable endeavours to restore any lost or damaged data from the latest back-up of such data. We shall not be responsible for any loss, destruction, alteration or disclosure of your data caused by any third party (those not contracted directly to and by us to perform auxiliary services for the Application).
7. We will comply with our standard Privacy Policy as may be amended from time to time. Please visit our website regularly for updates.
8. If your use of the Application means that any personal data is stored or uses then we agree between us that we act as data processor and you are the data controller for the purposes of data protection legislation. If our storage facilities are located outside the EEA then you consent to transfer of your data in those circumstances. You give use permission to collect, store, transfer and lawfully use such personal data for the purposes of your use of the Application.
9. By using the Application you may be enabled to access websites not owned or endorsed by us. You do so entirely at your own risk. We make no representation or commitment in regard to such websites and have no knowledge of or control over their content. Any contract entered into by you via third party websites is not a contract with us. That website may have its own terms and conditions for which we are not responsible.
10. You acknowledge that we own all intellectual property rights in the Application (other than those proprietary to our licensors).
11. You will defend, indemnify and hold us harmless against claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with your use of the Application, provided that:
    1. You are given notice of such claim;
    2. We co-operate with your in relation to such claim; and
    3. You have full authority to settle or defend such claim.
12. We shall indemnify you against any claim that the Application infringes any intellectual property right known or effective as at the date of your first use of the Application, provided that:
    1. We are given prompt notice of such claim;
    2. You provide us with reasonable co-operation in relation to such claim; and
    3. We are given sole and exclusive authority to defend or settle such claim.
13. In no event shall we be liable if the claim under clause 12 is based upon:
    1. any modification of the Application not made by us, or
    2. your use of the Application contrary to these terms; or
    3. your use of the Application after we have notified you that it is being withdrawn.
14. The above clauses 12 and 13 are your sole and exclusive rights and remedies and our entire obligation and liability for infringement of intellectual property rights of third parties.
15. You assume the entire liability for results obtained from your use of the Application and for any consequence thereof. We have no responsibility for any actions you take as a result of your use of the Application. All warranties, representation, conditions and all other terms of any kind whatsoever that could be implied into these terms is excluded to the fullest extent permitted by applicable law. The Application is provided on an “as is” basis.
16. Nothing in these terms excludes or limits our liability for death or personal injury caused by our negligence; or for fraud or fraudulent misrepresentation.
17. We shall not under any circumstances be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill, loss of opportunity or similar loss or loss or corruption of date or information or any other pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses howsoever arising.
18. Notwithstanding the provision above our total liability to you shall not exceed £10,000.
19. We may withdraw your permission to use this Application at any time and need not give you notice of such withdrawal. Upon termination you shall cease to use the Application and shall destroy or otherwise delete all data or code supplied to you by us.
20. We shall not be liable to you for unforeseen breaks or termination of your use of the Application due to communications failures, equipment or systems failures as used or owned by you, inaccessibility or unavailability of the internet or any connection thereto; or for any defects or failure in operation or quality of any software or downloads delivered to you.
21. These terms form the entire agreement between us and you may not rely on any advertisement or promotion in relation to your use of the Application.
22. These terms and your use of the Application shall be governed by and construed in accordance with the laws of England. Any dispute arising from these terms and your use of the Application shall be resolved by referral to the courts of England.