Terms and conditions of use

1. Introduction

1. These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and Costmodelling Limited, the owner and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.
2. You must be at least 18 years of age to use this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.

2. Definitions

1. Content means any text, images, video, audio or other multimedia content, software or other information or material submitted to or on the Website;
2. Terms means these terms and conditions of use as updated from time to time;
3. Intellectual property rights means rights such as copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world);
4. Unwanted Submission has the meaning given to it in the section entitled "Submitting information to the site";
5. Privacy policy means the policy costmodelling.com/privacy, which governs how we process any personal data collected from you;
6. Website means www.costmodelling.com and all associated subdomains and web pages;
7. We, us or our means Costmodelling Limited. References to us in these Terms also includes any group companies which we may have from time to time;
8. You or your means the person accessing or using the Website or its Content.
9. Users means any third party that accesses the Website and is not either (i) employed by Costmodelling Limited and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Costmodelling Limited and accessing the Website in connection with the provision of such services.

3. Intellectual property and acceptable use

1. All Content included on the Website, unless uploaded by Users, is the property of Costmodelling Limited, our affiliates or other relevant third parties. In these terms and conditions, By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner's prior written permission.
2. Nothing in these Terms grants you any legal rights in the Website other than as necessary to enable you to lawfully access the Website as intended and authorized by us. You agree not to adjust to try to circumvent or delete any notices contained on the Website (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Website.
3. You must not reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of Costmodelling Limited.

4. Using the Website

1. The Website is for your personal and non-exclusive use only. As long as you comply with these Terms of Use Costmodelling Limited grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.
2. You may not use any "page-scraper", "robot", "spider", "deep-link" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, copy, acquire, or monitor any part of the Website, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website.
3. You may not attempt to gain unauthorized access to any part or feature of the Website, or any other systems or networks connected to the Website or to any of our servers, or to any of the services offered on or through the Website, by password "mining", hacking or any other illegitimate means.
4. You may not scan, probe or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website.
5. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to the Website, or any other customer of ours, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website.
6. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or our systems or networks, or any systems or networks connected to the Website.
7. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website.
8. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Website or any service offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
9. You may not use the Website or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes our rights or those of others.
10. The Website is intended for use only by those who can access it from within the UK. If you choose to access the Website from locations outside the UK, you are responsible for compliance with local laws where they are applicable.
11. You agree that you are solely responsible for all costs and expenses you may incur in relation to your use of the Website.

5. Prohibited use

1. You may not use the Website for any of the following purposes:
   1. in any way which causes, or may cause, damage to the Website or interferes with any other person's use or enjoyment of the Website;
   2. in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
   3. making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.

6. Trade marks:

1. The following are our trademarks:
   1. Costmodelling CostAdviser
2. Other trade marks and trade names may also be used on this Website. The use of any trade marks on the Website is strictly prohibited unless you have our prior written permission.

7. Links to other websites

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

8. Privacy Policy

1. Use of the Website is also governed by our Privacy Policy, which is incorporated into these terms and conditions by this reference. To view the Privacy Policy, please read our privacy policy.
2. We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the changes.

9. Availability of the Website and disclaimers

1. Any online facilities, tools, services or information that Costmodelling Limited makes available through the Website (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. Costmodelling Limited is under no obligation to update information on the Website.
2. Whilst Costmodelling Limited uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
3. While we try to make sure that the Website is accurate, up-to-date and free from bugs, we cannot guarantee that it will be. Furthermore, we cannot guarantee that the Website will be fit or suitable for any purpose. Any reliance that you may place on the information on this Website is at your own risk.
4. Content is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites that may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.
5. While we try to make sure that the Website is available for your use, we do not promise that the Website is available at all times nor do we promise the uninterrupted use by you of the Website. Costmodelling Limited accepts no liability for any disruption or non-availability of the Website.
6. Costmodelling Limited reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.

10. Limitation of liability

1. Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
2. We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
3. To the maximum extent permitted by law, Costmodelling Limited accepts no liability for any of the following:
   1. any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
   2. loss or corruption of any data, database or software;
   3. any special, indirect or consequential loss or damage.

11. Events beyond our control

1. We shall have no liability to you for any breach of these Terms caused by any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.

12. Submitting information to the Website

1. While we try to make sure that the Website is secure, we cannot guarantee the security of any information that you supply to us. We therefore cannot guarantee that it will be kept confidential. For that reason, you should not submit any patentable ideas or patent applications, advertising or marketing suggestions, prototypes, or any other information that you regard as confidential, commercially sensitive or valuable (Unwanted Submissions) to the Website. While we value your feedback, you agree not to submit any Unwanted Submissions.
2. We may use any Unwanted Submissions as we see reasonably fit on a free-of-charge basis (bear in mind that we have no way of knowing whether such information is confidential, commercially sensitive or valuable because we do not monitor the Website to check for these matters). Therefore, we will not be legally responsible for keeping any Unwanted Submissions confidential nor will we be legally responsible to you or anybody else for any use of such Unwanted Submissions.

13. General

1. You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
2. These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
3. These terms and conditions together with the Privacy Policy contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.
4. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
5. If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
6. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
7. This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.

14. Costmodelling Limited details

1. Costmodelling Limited is a company incorporated in England and Wales with registered number 04364665 whose registered address is Burnside, Keldspring Lane, Barmby Moor, York, YO42 4HW operates the Website www.costmodelling.com. The registered VAT number is 136 6338 07.
2. You can contact Costmodelling Limited by email on support@costmodelling.com