Firetop Limited Website Terms and Conditions
Last updated: 24 April 2009

1. Website Terms of Use

1.1 The terms and conditions (the “Terms”) set out below will govern your use of this website (the “Site”). The Site is owned and operated by Firetop Ltd or Firetop® as the case may be, a company registered in England and Wales (whose respective company number is 4854392), at the registered office address of 27 Old Gloucester Street, London, WC1N 3XX (”Firetop”, “Us”, “We” or “Our”). Our VAT number is 821 4717 45.

1.2 The Site and the Information (as described below) are designed to be compliant with applicable UK laws, rules and regulations. Although users outside of the UK may have access to the Site, the information contained on the Site is intended only for use by residents of the UK. Firetop specifically reserves all rights to limit provision of Our products and services to select persons, countries or geographic regions.

1.3 These Terms are subject to English law and to the exclusive jurisdiction of the English courts. If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.

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

1.5 The Company reserves the right to add to or change the terms of this agreement. It is your responsibility to refer to and comply with these terms on accessing the Site. Failure to comply may lead to action being taken against you.

1.6 The Privacy Policy on this Site forms part of these Terms & Conditions.

1.7 Please read these Terms carefully. By continuing to access and use the Site you are deemed to have understood and agreed to them. If you do not agree to them you must refrain from using this Site and any services available through it.

2. Disclaimer

2.1 This Site contains information, text, data, graphics, photographs, illustrations, artwork, names, logos, trade marks and information about Firetop and its partners and on the products and services it and they provide (the “Information”).

2.2 The Site, Information and Content (as described below) is provided “as is” and on an “as available” basis only and Firetop does not guarantee the accuracy, timeliness, completeness, performance or fitness for a particular purpose of the Site or any of the Content or Information. Firetop has tried to ensure that all the Information provided on the Site is correct at the time of publication. However no responsibility is accepted by or on behalf of Firetop for any errors, omissions, or inaccurate Information or Content on the Site. Further, Firetop does not warrant that the Site will be uninterrupted or error free or that any defects will be corrected.

2.3 Firetop accepts no liability for the results of any action taken on the basis of the Information or Content and all implied warranties, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy are excluded from these Terms to the extent that they may be excluded as a matter of law. We do not attempt to exclude any rights you may otherwise have as a consumer that We cannot exclude as a matter of law.

2.4 When you purchase a Product or Subscription (as described below), Firetop’s liability in contract, tort or otherwise arising out of or in connection with the performance or observance of its obligations to supply any Product or Subscription under these Terms shall be limited to the amount of the price paid by you to Us in respect of the Product or Subscription in question.

2.5 Without prejudice to clause 2.4, save in respect of death or personal injury resulting from our negligence or fraud, neither Firetop nor any of its directors, employees or other representatives will be liable for any loss you suffer including, without limitation, indirect or consequential loss, or any damages arising from loss of use, data or profits, whether in contract, tort or otherwise, arising out of or in connection with the use of this Site.

2.6 You accept that after you leave this Site (whether knowingly or not) Firetop can no longer be responsible in any way for any material that you encounter and We exclude to the fullest extent permitted by law all liability that may arise with respect to or as a result of such material causing any damage, costs, injury or financial loss of any kind.

2.7 You indemnify and hold Firetop and any of its officers, employees or agents harmless from and against all and any expenses, losses, liabilities, damages, costs or expenses incurred or suffered and any claims or legal proceedings which are brought or threatened, in each case arising from your use of, or conduct on, the Site, any provision or use of your Content and/or any breach of these Terms.

3. Linking

3.1 Websites or web pages to which this Site is linked are for information purposes and have not been reviewed by Firetop. To the extent that such websites or web pages do not contain information about Firetop, our Products and services, we accept no responsibility for the content of such Sites or web pages, nor do we accept responsibility for any losses or penalties incurred as a result of your use of any links or reliance on the content of any website to which this Site is linked.

3.2 When you access a website, through a link from the Site, you accept that it is independent from the Site and that Firetop has no control over the content of the linked third party website. Accordingly a link to a website does not mean that Firetop endorses or accepts any duty or responsibility for the content, accuracy or the use of the contents of such website. Although Firetop strives to link to third party websites which comply with applicable laws, rules and regulations, the content on these websites may change without notice to Firetop . You should take precautions to insure protection of your privacy as well as to insure against Destructive Features (as described below).

3.3 You may not frame, link or deep-link this Site except for the home page to any other website without our prior written consent. Should you wish to frame or to set up a link / deep-link to our Site please contact our Managing Director, Matt Peskett by email matt@firetop.co.uk.

4. Computer Viruses, Worms and Trojan Horses

4.1 Whilst we use reasonable endeavours to protect this Site (including Information and downloads) from computer viruses, worms, Trojan Horses and other such destructive features (the “Destructive Features”), we do not warrant that the Site is free from such Destructive Features and accept no liability for any damage that may result from the transmission of any Destructive Feature via this Site or via any files which are available for you to download from the Site. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

4.2 You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use the Site or any service made available through it and that it is compatible with the Site. We make no warranty that the Information is compatible with all computer systems and browsers.

5. Intellectual Property Rights and Reproduction

5.1 Except as is otherwise indicated on the Site, Firetop and/or its licensors own the copyright in all the Information featured on this Site and all related intellectual property rights, including but not limited to all database rights, unregistered and registered trade marks, service marks and logos. You should not infer any affiliation, sponsorship or endorsement from the use of third party marks on the Site, as such marks are used solely to designate certain products or services as belonging to their owners. Nothing in this Site is intended to grant, by implication or otherwise, any licence or right under any patent, trademark or other intellectual property owned by Firetop or any licensor or third party.

5.2 You are permitted to download, print, store temporarily, retrieve and display Information from the Site on a computer screen, print individual pages on paper (but not photocopy them) and store such pages in electronic form on disk (but not on any server or other storage device connected to the network) for your personal use or for internal use within your organisation.

5.3 You are not permitted (except where we have given you express permission to do so or you are otherwise permitted to do so by law) to adapt, modify, copy, reproduce, distribute, republish, disassemble, decompile, reverse engineer, create derivative works from, download, post, broadcast, transmit or re-transmit in any other way any of the Information on the Site.

6. Participating in Online Communities

6.1 If applicable, Users of this Site may post comments and other content, questions, or other information (”Content”) onto the Site, as long as the Content is not illegal, obscene, pornographic, abusive, threatening, defamatory, false, unreliable, misleading, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable, does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” and does not bring the Site or Firetop into disrepute. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any Content. We reserve the right (but not the obligation) to remove or edit any Content.

6.2 If you do post Content on this Site, you grant the following rights to the following persons unless and until you remove your Content from this Site or notify Us of the revocation of this licence:

(a) to Firetop :

(i) a limited, non-exclusive, royalty-free and fully sublicensable right to use, reproduce, modify, adapt, publish, create derivative works from, distribute, and display such Content throughout the world in connection with the Site; and

(ii) the right to use the name that you submit in connection with such Content unless you notify Us otherwise;

(b) to each user of this Site, a non-exclusive licence to access your Content through this Site, and to use, reproduce, distribute and display such Content as permitted under these Terms.

6.3 After posting your Content to this Site, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. The licence does not grant Us the right to sell your Content, nor does the licence grant Us the right to distribute your Content outside of the Site.

6.4 You represent and warrant that you own or otherwise control all of the rights to the Content that you post; that, as at the date that the Content is submitted to Firetop : (i) the Content is accurate; (ii) use of the Content you supply does not breach any applicable Firetop policies or guidelines and will not cause injury to any person or entity (including that the Content is not defamatory). You agree to indemnify Firetop for all claims brought by a third party against Firetop arising out of or in connection with a breach of any of these warranties.

6.5 You are solely responsible for the Content that you post on or through the Site. Firetop does not endorse and has no control over the Content. Content is not necessarily reviewed by Us prior to posting and does not necessarily reflect the opinions or policies of Firetop.

7. Your Further Use of This Site

You further agree not to use any Information on the Site except to the extent necessary to enable you to use the Site and the services provided through it. You shall not use the Site for any immoral or illegal purpose. In particular you agree that you will not:

> upload any files that contain any Destructive Features; or

> in any way damage, disable or impair the operation of the Site, or attempt to gain unauthorised access to the Site or to network connected to it, by hacking, spoofing or other such similar means.