Terms and Conditions

Terms and Conditions

These are the terms and conditions that govern your use of www.gnarway.com and its associated products and services.

Please be sure to read them carefully.

 

1. Website Terms and Conditions

    These are the terms and conditions (‘Terms and Conditions’) that govern your use of the domains associated with the URL www.gnarway.com (the ‘Website’).

    1. The Website is operated by GNARWAY INC. 
    2. Please read these Terms and Conditions carefully before using the Website. By accessing any part of the Website, you will be deemed to have accepted these Terms and Conditions in full regardless of whether or not you choose to register on the Website. If you do not accept these Terms and Conditions, you must leave the Website immediately.
    3. GNARWAY may revise these Terms and Conditions at any time by posting an update on the Website. Your continued use of the Website after any such change constitutes your acceptance of the new Terms and Conditions and they will be binding on you. You should therefore check the Website from time to time to review the current Terms and Conditions.
    2. Disclaimer
    1. Whilst GNARWAY endeavours to ensure that the Website is normally available 24 hours a day, it will not be liable for any reason if the Website is unavailable at any time or for any period. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair for any reason or for any other reasonable cause.
    2. You acknowledge that whilst GNARWAY makes an effort to ensure that information on the Website and any related material provided to you by GNARWAY, whether by email or otherwise (‘GNARWAY Materials’) is accurate and complete, it is provided only for general information, is not intended to address your particular requirements and does not constitute any form of advice or recommendation by GNARWAY. You acknowledge that the GNARWAY Materials should not be relied upon by you in making (or refraining from making) any specific investment or other business or personal decision and acknowledge that professional advice should be obtained before making any such decision. You acknowledge that some of the Website content may be supplied by third parties and so its accuracy and completeness will not have been checked by GNARWAY.
    3. GNARWAY will use reasonable endeavours to ensure that the Website and the GNARWAY Materials do not contain or promulgate any viruses or other malicious code. However, we recommend that you virus check all such materials and regularly check for the presence of viruses and other malicious code.
    4. GNARWAY is not responsible for the material provided by advertisers and sponsors on the Website and provides no assurances that it will not take advertisements or sponsorships from competitors of its clients or its Website users. Your correspondence and any business dealings with, participation in promotions offered by, and your access to, purchase or utilisation of products or services offered by any such advertisers or sponsors are solely between you and such third party.
    5. GNARWAY is not responsible for any defamatory, offensive or illegal content of any Website user or third party.
    3. Use of Website and Website Content
    1. All intellectual property and other proprietary rights in and to the Website and the GNARWAY Materials are owned by and reserved to GNARWAY or its licensors or users (as applicable).
    2. The GNARWAY Materials include all of GNARWAY’s and its group companies’ trademarks (whether registered or unregistered), graphics, logos, designs, page headers and button icons used and displayed on the Website. You are not permitted to use any of the foregoing nor any similar or confusing versions in any way without GNARWAYs’ prior written consent, other than for the purposes of referring to GNARWAY and its brands lawfully and in good faith.
    3. You agree not to scrape, extract, download, upload, sell or offer for sale any of the GNARWAY Materials and you agree not to use, or cause to be used, any computerised or other manual or automated program or mechanism, tool, or process, including any scraper or spider robot, to access, extract, download, scrape, data mine, display, transmit, or publish, any of the GNARWAY Materials. You must not bypass robot exclusion headers or other similar measures that GNARWAY may use to restrict access to, or caching of, the Website.
    4. You will not:
        1. attempt to interfere with the proper working of the Website or to monitor use of the Website without GNARWAY’s prior written permission;
        2. take any action that imposes an unreasonable or disproportionately large load on the Website infrastructure;
        3. decompile, disassemble or otherwise reverse engineer or attempt to reconstruct or discover any source code or underlying ideas, algorithms, file formats or programming or interoperability interfaces within the Website (except that these restrictions only apply to the extent permitted by law);
        4. use any network monitoring or discovery software to determine the Website architecture or extract information about usage, individual identities or users;
        5. circumvent, disable or otherwise interfere with security-related features of the Website, including any features designed to prevent, limit or restrict use or copying of any GNARWAY Materials.
    5. You agree that you will use the GNARWAY Materials only in accordance with the following permitted uses (except where otherwise agreed in writing with GNARWAY):
          1. Viewing them on a computer screen or other electronic device and printing a reasonable number of copies of them, in accordance with fair practice and only to the extent reasonably required in the circumstances (and not further copying them);
          2. Where (and only to the extent that) permission to download and store them is specifically granted in the relevant GNARWAY Materials, downloading and storing the content on the hard disk of your computer or portable media but not making any further transfer or copy of;
          3. Making only such other use of them as may be specified in the GNARWAY Materials.
    6. You agree not to distribute, reproduce, modify, store, transfer or in any other way, use any of the GNARWAY Materials (including as part of any database, library, news, information, archive, website or similar service) other than as set out above.
    7. You will not:
          1. create a database (electronic or otherwise) that includes any GNARWAY Materials;
          2. disseminate advertisements on the Website or use the GNARWAY Materials for any commercial purposes (including using any GNARWAY Materials to promote or encourage the sale of your goods or services);
          3. transmit or recirculate any GNARWAY Materials to any third party unless specifically authorised to do so by GNARWAY;
          4. remove any copyright or trademark notices from any of the GNARWAY Materials.
    8. You will not use the Website to publish or disseminate any:
          1. unsolicited or unauthorised advertising, or promotional materials (including junk mail, spam, chain letters, pyramid schemes);
          2. material that does or may infringe the rights (including intellectual property rights) of any third party or that is unlawful, threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy, that may cause annoyance or inconvenience or may restrict or inhibit the use of the Website by any person or that constitutes or encourages conduct that may be considered a criminal offence or give rise to any civil liability in any jurisdiction;
          3. material that brings or may bring GNARWAY or any of its brands or companies within its corporate group into dispute or disrepute or in any way damages the standing or reputation of any of the foregoing;
          4. material that may interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data.
    9. You will not post to the Website any link that takes a user to material that contravenes any of the restrictions set out above.
    10. Additional terms may apply to:
          1. any purchases you make via the Website;
          2. registration on the Website including for any email alert or other related services;
          3. any promotion, competition or draw appearing on the Website.

    4. Links To and From Other Websites

    1. Links on the Website to third party websites are provided solely for your convenience. If you use these links, you leave the Website. GNARWAY has not reviewed any such third party websites and does not control or take any responsibility for their content or availability.

    2. GNARWAY does not endorse or make any representations about any such third party websites or any material found thereon or any results that may be obtained from your use of the same. If you decide to access any such third party website, you do so entirely at your own risk.

    3. You may link to the homepage of the Website only, on condition that you do not replicate the home page of the Website. In linking to the Website you must not:

            1. create a frame or any other browser or border environment around the Website;
            2. imply any endorsement by GNARWAY other than its written consent or misrepresent your relationship with GNARWAY;
            3. use any logos or trademarks displayed on the Website without the express written permission of GNARWAY;
            4. link from a website that is not owned by you;
            5. link from a website that contains content in contravention of paragraph 3(h) above or that infringes the intellectual property rights of any person or does not comply with all applicable laws and regulations.
    4. You may link to other pages of the Website only with the prior written consent of GNARWAY and subject always to the same conditions as set out in paragraph 5(c) above. If you wish to do this, please contact by emailing the Content Editor listed on the Contact Us page on this Website. Where we provide a facility to link to or share pages of the Website, you are permitted to do so.
    5. Suspension of Access to Website and User Indemnities
    1. If GNARWAY believes that you have not complied with any of these Terms and Conditions, it may in its sole discretion suspend or cancel your access to the Website or any part thereof without notice.
    2. Without prejudice to the provisions of paragraph 6(a) above, you agree to compensate GNARWAY in respect of any claims, losses, expenses and liabilities (including legal fees) that arise from or in relation to your use of the Website or the GNARWAY Materials (or any use of the same by any third party using your username or password) including in relation to any material posted on the Website or any breach of this Terms and Conditions.

    6. Limitation of GNARWAY’s Liability

    1. GNARWAY will not be liable to you for any loss or damage caused by GNARWAY or its employees or subcontractors in circumstances where:
          1. there is no breach of a legal duty of care owed to you by GNARWAY or its employees or subcontractors;
          2. you can show that there has been a breach of a legal duty of care owed to you by GNARWAY or its employees or subcontractors, such loss or damage does not flow naturally as a consequence of that breach;  in respect of any increase to your loss or damage arising from or relating to your actions.
    7. How we may use your personal information
      1. We will only use your personal information as set out in our Privacy Policy.

      8. Registration

      1. To access certain parts of the Website, GNARWAY may require you to register and provide certain information about yourself. When you register, you agree to provide true, accurate, current and complete information about yourself as prompted by the relevant registration form (‘Registration Data’);
      2. Where you register on the Website, you will be allocated a username and password. These details must be used solely by you. Sharing your username or password with any other person or making it available to multiple users on a network is strictly prohibited. Accordingly, you agree to:
            1. maintain the security of your username and password and be fully responsible for all use of the Website made using the same;
            2. immediately notify GNARWAY if you become aware of any unauthorised use of your username or password or any other breach of Website security by sending us details of the unauthorised use or other breach via the Contact Us page of the Website.
      3. GNARWAY accepts no liability for any losses, damages or costs arising from or in relation to your failure to comply with these requirements.

      9. User Generated Content

      1. The pages of the Website where you are permitted to post content are provided for your private, non-commercial exchange of lawful, relevant, fair and appropriate information, opinions and comment. You must not use any such page of the Website in a manner inconsistent with the foregoing.
      2. GNARWAY reserves the right at its sole discretion to refuse or remove any content that is posted to or otherwise made available on the Website without the need to give reasons.
      3. GNARWAY will not review the materials posted to or made available on the Website by you or any other user. Unless GNARWAY is specifically notified of the nature of any item of content, GNARWAY has no awareness of materials posted to or made available on the Website. If you object to the publication of any material posted to or made available on the Website please contact GNARWAY by emailing the Content Editor listed on the Contact Us page on this Website.
      4. GNARWAY accepts no responsibility for any statements, material or other submissions placed on the Website by users.

      10. Promotional Rules

      1. The rules in this paragraph together with any specific rules (‘Additional Rules’) provided by GNARWAY (together ‘Rules’) apply to all prize promotions operated by GNARWAY on this Website, including free draws and prize competitions (‘Promotions’). Where you provide GNARWAY with any personal data in connection with a promotion, GNARWAY will treat your personal information in accordance with GNARWAY’s Privacy Policy.
      2. Only one entry per person and per household is permitted.
      3. All Promotion entries must be made in accordance with the Rules and must be received by GNARWAY prior to the Promotion closing date. Entries made otherwise will be invalid. GNARWAY accepts no responsibility or liability for any lost, damaged or incomplete entries and any such entries will be invalid.
      4. Proof of dispatch will not be proof of GNARWAY’s receipt.
      5. Unless the Additional Rules specify otherwise, entries will not be returned to entrants.
      6. GNARWAY reserves the right at its sole discretion and without prior notice to cancel a Promotion or to substitute a Promotion prize for another prize of equal value.
      7. Prize winners will be notified in writing within six weeks of the applicable closing date. If a prize winner fails to respond to claim the relevant prize within 14 days of receipt of notification, GNARWAY will be entitled to select an alternative prize winner. In those circumstances, GNARWAY will use reasonable endeavours to notify the alternative prize winner within nine weeks of the closing date.
      1. Details of the names of prize winners can be requested by writing to GNARWAY’s Company Secretary at GNARWAY’s registered address and specifying the relevant Promotion. Any such request must be received by GNARWAY within ten weeks of the Promotion closing date.
      2. By entering into any Promotion, the prize winner agrees to take part in any promotional activity requested by GNARWAY and to his or her name, location and photograph being published for the purposes of the Promotion and for promoting the Website and GNARWAY’s business.
      3. Where relevant and unless otherwise specified in the Additional Rules, all taxes, insurances, transfers, spending money and other expenses (including meals, personal expenses and upgrades) are the responsibility of the prize winner.
      4. Other than for death or personal injury arising from the negligence of GNARWAY, its employees or subcontractors, GNARWAY excludes to the fullest extent permitted by law all liability for any losses, damages, costs and expenses, whether direct or indirect, howsoever caused in connection with the Promotion or the relevant prize.

      11. General

      1. In the event that any provision of these Terms and Conditions is held to be invalid or unenforceable, the remainder of these Terms and Conditions will remain valid and enforceable.
      2. In performing its obligations under this Agreement, each party will comply with all applicable laws, statutes and regulations from time to time in force.