PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE
All users of this site agree that access to and uses of this site are subject to the following terms and conditions.
These Terms are governed by and will be construed in accordance with the laws of England and Wales. Any disputes arising under or in connection with these Terms and Conditions shall be subject to the non-exclusive jurisdiction of the English Courts.
Tocara UK Ltd (referred to here in as “Tocara,” “we,” “us” and “our”) a company registered in England and Wales with company number 14209514 whose registered address is at Thorneloe House, 25 Barbourne Road, Worcester WR1 1RU, reserves the right to change this Agreement, in whole or in part, from time to time at our sole discretion, and to provide you with notice of such change by any reasonable means, including without limitation posting the revised draft of this Agreement on the Tocara websites. You can determine when this Agreement was last revised by referring to the “LAST UPDATED” note at the bottom of this Agreement. You should always check this Agreement prior to using the Tocara website.
Your continued use of the Tocara websites following the posting of changes to this Agreement will mean that you accept those changes.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the UK and other copyright laws, and is the property of Tocara UK. The collective work includes works that are licensed to Tocara Copyright 2010, ALL RIGHTS RESERVED.
Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Tocara, or purchasing Tocara products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Tocara, Inc or to purchase Tocara, products.
Any other use, including but not limited to the production, distribution, display or transmission of the content of this site is strictly prohibited, unless authorised by Tocara.
You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of Tocara used in the site are trademarks or registered trademarks of Tocara.
This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Tocara, disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Tocara does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Tocara does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Tocara shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Tocara, Inc has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event that a Tocara product is mistakenly listed at an incorrect price, Tocara reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Tocara reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Tocara shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Tocara, Inc without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Tocara may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Tocara.
Your comments and suggestions are always welcomed. If you post comments, ideas or suggestions in response to any content on this website, you give us non-exclusive, royalty-free, perpetual and irrevocable permission to use, reproduce, modify, adapt, publish, distribute and incorporate such submissions and the names identified on the submissions throughout the world in any media.
Your use of this site shall be governed and construed in accordance with the laws of England and Wales. Any disputes arising under or in connection with these Terms and Conditions shall be subject to the non-exclusive jurisdiction of the English Courts.
Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Tocara products) must be commenced within one (1) year after the claim or cause of action arises. Tocara’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Tocara may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Tocara or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offence, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organisation.
Tocara does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Tocara is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site.
However, Tocara reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Tocara in its sole discretion.
You agree to indemnify, defend, and hold harmless Tocara its officers, directors, employees, agents ,licensers and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, Tocara may link to sites operated by third parties. However, even if the third party is affiliated with Tocara, we have no control over these linked sites, all of which have separate privacy and data collection practices, independent of Tocara. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Tocara seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
This Agreement ©2010 Tocara, Inc. All rights reserved.