Web Applications, Website Development & Consultancy

Terms of Use

This agreement applies as between you, the User of this Web Site and Adaptive Image, the owner(s) of this Web Site. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these terms and conditions, you should stop using the Web Site immediately.

1. Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:

“Content”

means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;

“Adaptive Image”

means Adaptive Image, Felaw Maltings, 44 Felaw Street, Ipswich, IP2 8SJ.;

“Service”

means collectively any online facilities, tools, services or information that Adaptive Image makes available through the Web Site either now or in the future;

“Premises”

means our place(s) of business located at Adaptive Image, Felaw Maltings, 44 Felaw Street, Ipswich, IP2 8SJ.;

“System”

means any online communications infrastructure that Adaptive Image makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;

“User” / “Users”

means any third party that accesses the Web Site and is not employed by Adaptive Image and acting in the course of their employment; and

“Web Site”

means the website that you are currently using (http://www.adaptive-image.co.uk/) and any sub-domains of this site (e.g. http://subdomain.adaptive-image.co.uk/) unless expressly excluded by their own terms and conditions.

2. Intellectual Property

  • 2.1 Subject to the exceptions in Clause 3 of these Terms and Conditions, all Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Adaptive Image, our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
  • 2.2 Subject to Clause 4 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by Adaptive Image

3. Third Party Intellectual Property

  • 3.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
  • 3.2 Subject to Clause 4 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Web Site or unless given express written permission to do so by the relevant manufacturer or supplier.

4. Fair Use of Intellectual Property

Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

5. Links to Other Web Sites

This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of Adaptive Image or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.

6. Links to this Web Site

Those wishing to place a link to this Web Site on other sites may do so to any public web page.

7. Privacy

Use of the Web Site is also governed by our Privacy Policy which is incorporated into these terms and conditions by this reference. To view the Privacy Policy, please click on the link above

8. Disclaimers

  • 8.1 Adaptive Image makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
  • 8.2 No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
  • 8.3 No part of this Web Site is intended to constitute a contractual offer capable of acceptance. No goods and / or services are sold through this Web Site and product and / or service details are provided for information purposes only.
  • 8.4 Whilst every effort has been made to ensure that all graphical representations of products and / or descriptions of services available from Adaptive Image correspond to the actual products and / or services, Adaptive Image is not responsible for any variations from these descriptions.
  • 8.5 Adaptive Image does not represent or warrant that such products and / or services will be available from us or our Premises. For this reason, please contact us prior to visiting if you wish to enquire as to the availability of any products and / or services. Any such enquiry does not give rise to any express or implied warranty that the products and / or services forming the subject matter of your enquiry will be available upon your arrival at our Premises.
  • 8.6 All pricing information on the Web Site is correct at the time of going online. Adaptive Image reserves the right to change prices and alter or remove any special offers from time to time and as necessary.

9. Availability of the Web Site

The Service is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Adaptive Image accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

10. Limitation of Liability

  • 10.1 To the maximum extent permitted by law, Adaptive Image accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.
  • 10.2 Nothing in these terms and conditions excludes or restricts Adaptive Image’s liability for death or personal injury resulting from any negligence or fraud on the part of Adaptive Image.
  • 10.3 Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.

11. No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

12. Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

13. Notices

All notices / communications shall be given to us either by post to our Premises (see address above) or by email to contact@adaptive-image.co.uk. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

14. Law and Jurisdiction

These terms and conditions and the relationship between you and Adaptive Image shall be governed by and construed in accordance with the Law of England and Wales and Adaptive Image and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.


 

Privacy Policy

This Policy applies as between you, the User of this Web Site and Adaptive Image the owner and provider of this Web Site. This Policy applies to our use of any and all Data collected by us in relation to your use of the Web Site and any Services or Systems therein.

1. Definitions and Interpretation

In this Policy the following terms shall have the following meanings:

“Account”

means collectively the personal information, Payment Information and credentials used by Users to access Material and / or any communications System on the Web Site;

“Content”

means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;

“Cookie”

means a small text file placed on your computer by Adaptive Image when you visit certain parts of this Web Site. This allows us to identify recurring visitors and to analyse their browsing habits within the Web Site. Where e-commerce facilities are provided, Cookies may be used to store your order list. Further details are contained in Clause 10 and Schedule 1 of this Policy;

“Data”

means collectively all information that you submit to the Web Site. This includes, but is not limited to, Account details and information submitted using any of our Services or Systems;

“Adaptive Image”

means Adaptive Image, Felaw Maltings, 44 Felaw Street, Ipswich, IP2 8SJ.;

“Service”

means collectively any online facilities, tools, services or information that Adaptive Image makes available through the Web Site either now or in the future;

“System”

means any online communications infrastructure that Adaptive Image makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;

“User” / “Users”

means any third party that accesses the Web Site and is not employed by Adaptive Image and acting in the course of their employment; and

“Web Site”

means the website that you are currently using (http://www.adaptive-image.co.uk/) and any sub-domains of this site (e.g. http://subdomain.adaptive-image.co.uk/) unless expressly excluded by their own terms and conditions.

2. Data Collected

Without limitation, any of the following Data may be collected:

  • 2.1 name;
  • 2.2 date of birth;
  • 2.3 gender;
  • 2.4 job title;
  • 2.5 profession;
  • 2.6 contact information such as email addresses and telephone numbers;
  • 2.7 demographic information such as post code, preferences and interests;
  • 2.8 financial information such as credit / debit card numbers;
  • 2.9 IP address (automatically collected);
  • 2.10 web browser type and version (automatically collected);
  • 2.11 operating system (automatically collected);
  • 2.12 a list of URLS starting with a referring site, your activity on this Web Site, and the site you exit to (automatically collected); and
  • 2.13 Cookie information (see clause 10 below).
  • 2.14 [no other data information is collected]

3. Our Use of Data

  • 3.1Any personal Data you submit will be retained by Adaptive Image for as long as you use the Services and Systems provided on the Web Site. Data that you may submit through any communications System that we may provide may be retained for a longer period of up to six months.
  • 3.2 Unless we are obliged or permitted by law to do so, and subject to Clause 4, your Data will not be disclosed to third parties. This does not include our affiliates and / or other companies within our group.
  • 3.3 All personal Data is stored securely in accordance with the principles of the Data Protection Act 1998 . Fore more details on security, see clause 9 below.
  • 3.4 Any or all of the above Data may be required by us from time to time in order to provide you with the best possible service and experience when using our Web Site. Specifically, Data may be used by us for the following reasons:
    • 3.4.1internal record keeping;
    • 3.4.2 improvement of our products / services;
    • 3.4.3 transmission by email of promotional materials that may be of interest to you;
    • 3.4.4 contact for market research purposes which may be done using email, telephone, fax or mail. Such information may be used to customise or update the Web Site.

4. Third Party Web Sites and Services

Adaptive Image may, from time to time, employ the services of other parties for dealing with matters that may include, but are not limited to, payment handling, delivery of purchased items, search engine facilities, advertising and marketing. The providers of such services do not have access to certain personal Data provided by Users of this Web Site.

5. Changes of Business Ownership and Control

  • 5.1 Adaptive Image may, from time to time, expand or reduce its business and this may involve the sale of certain divisions or the transfer of control of certain divisions to other parties. Data provided by Users will, where it is relevant to any division so transferred, be transferred along with that division and the new owner or newly controlling party will, under the terms of this Policy, be permitted to use the Data for the purposes for which it was supplied by you.
  • 5.2 In the event that any Data submitted by Users will be transferred in such a manner, you will not be contacted in advance and informed of the changes. When contacted you will not be given the choice to have your Data deleted or withheld from the new owner or controller.

6. Controlling Access to your Data

  • 6.1 Wherever you are required to submit Data, you will be given options to restrict our use of that Data. This may include the following:
    • 6.1.1 use of Data for direct marketing purposes; and
    • 6.1.2 sharing Data with third parties.

7. Your Right to Withhold Information

  • 7.1 You may access certain areas of the Web Site without providing any Data at all. However, to use all Services and Systems available on the Web Site you may be required to submit Account information or other Data.
  • 7.2 You may restrict your internet browser’s use of Cookies. For more information see clause 10.4 below.

8. Accessing your own Data

  • 8.1 You may access your Account at any time to view or amend the Data. You may need to modify or update your Data if your circumstances change. Additional Data as to your marketing preferences may also be stored and you may change this at any time.
  • 8.2 You have the right to ask for a copy of your personal Data on payment of a small fee.

9. Security

  • 9.1 Data security is of great importance to Adaptive Image and to protect your Data we have put in place suitable physical, electronic and managerial procedures to safeguard and secure Data collected online.

10. Cookies

  • 10.1 Adaptive Image may set and access Cookies on your computer. Cookies that may be placed on your computer are detailed in Schedule 1 to this Policy.
  • 10.2 A Cookie is a small file that resides on your computer’s hard drive and often contains an anonymous unique identifier and is accessible only by the web site that placed it there, not any other sites.
  • 10.3 You may delete Cookies, however you may lose any information that enables you to access the Web Site more quickly.
  • 10.4 You can choose to enable or disable Cookies in your web browser. By default, your browser will accept Cookies, however this can be altered. For further details please consult the help menu in your browser. Disabling Cookies may prevent you from using the full range of Services available on the Web Site.

11. Changes to this Policy

Adaptive Image reserves the right to change this Privacy Policy as we may deem necessary from time to time or as may be required by law. Any changes will be immediately posted on the Web Site and you are deemed to have accepted the terms of the Policy on your first use of the Web Site following the alterations.


 

Schedule 1: Cookies

Cookies that may be placed on your computer are listed below:

Name of Cookie

Purpose

__utma
__utmz
_ga
_gat

 

These cookies are set by Google Analytics. They enable us to measure the performance of this website. The data collected is not shared with any other party. It is not used to identify individual visitors or alter your experience of the website.

Adaptive Image

Specialists in custom built websites, web applications for mobile and desktop, and providers of website development support services to businesses, web designers, and developers, in Ipswich, Suffolk, Colchester, and north east Essex.

Adaptive Image, Saracens House Business Centre, 25 St Margarets Green, Ipswich, IP4 2BN
Call us 01473 406646 or e-mail us contact@adaptive-image.co.uk