1. Introduction
- 1.1. Welcome to our website www.read-tpi.com where you can read Tube Products INTERNATIONAL magazine online, order advertising space, subscribe to the magazine and much more. This website is operated and maintained by INTRAS Limited Registered in England no. 1792746 Registered Office: Suite 5,The Willows,Ransom Wood Business Park,Southwell Road West,Rainworth,Mansfield,Nottinghamshire,NG21 0HJ.
- 1.2. Your use of the Website is subject to the following Terms & Conditions of Use, which you are deemed to accept by using the Website. If you are not prepared to comply with these terms you must leave the website immediately.
- 1.3. Additional terms shall apply:
- 1.3.1. to any purchases you make through the Website;
- 1.3.2. to any booking you make through the Website; and
- 1.3.3. where you are given an opportunity to place advertisements for goods or services on the Website.
- 1.4 If, for any reason, INTRAS believes that you have not complied with any of these Terms & Conditions it may, at its sole discretion, suspend or cancel your access to all or some of the Website immediately and without giving you any advance notice.
- 1.5 Without prejudice to the provisions of Clause 1.4, you agree to compensate INTRAS in respect of any claims, losses, expenses and/or liabilities (including legal fees) which arise from your use of the Website and/or the INTRAS Materials (as defined in Clause 8.2) (or by a third party using your user name and password) including in particular (but not limited to) any statements, contributions or other content posted on the Website or any breach of Clause 4.
- 1.6 INTRAS reserves the right to vary these Terms & Conditions of Use from time to time. Such variations become effective immediately upon the posting of the varied Terms & Conditions on the Website. By continuing to use the Website you will be deemed to accept such variations. You should therefore check the Website from time to time to review the then current Terms & Conditions. These Terms & Conditions are current as at June 2023.
- 1.7 Our site is made available free of charge. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw, or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
- 1.8 You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
2. Registration
- 2.1. To access certain parts of the Website, INTRAS may require you to register and provide certain information about yourself. You will need to (a) satisfy the minimum age requirement; (b) provide us with complete and accurate registration information; (c) ensure your use of the Tube Products INTERNATIONAL website service is in accordance with these Terms and any applicable laws (as defined in paragraph 4 and 5, below)
- 2.2. Where information (including sensitive financial or personal information) is provided to INTRAS (whether directly through the Website or otherwise) you accept that these methods of communication cannot be 100% secure. Where sensitive financial information is provided to INTRAS it uses encryption software to attempt to prevent unauthorised access to this information being obtained. However, INTRAS cannot accept any responsibility or liability for any damages (other than liability for death or physical injury arising out of the negligence of INTRAS or its officers or any liabilities that cannot, as a matter of law, be excluded) arising from the misuse or loss of data or information submitted by you to INTRAS directly through the Website or otherwise. The provision of personal information by you and use of it by INTRAS is subject to the INTRAS Privacy Policy (see below).
- 2.3. Where you register on the Website, you will be allocated a user name and password. These account details must be used solely by you; sharing your user name and password with any other person or making it available to multiple users on a network is strictly prohibited. Accordingly, you agree to:
- 2.3.1. maintain the security of your user name and password and be fully responsible for all use of the Website made using your user name and password;
- 2.3.2. immediately notify INTRAS if you become aware of any unauthorised use of your user name and password or any other breach of security by sending an appropriately worded email to the contact details shown on the Contact section of the Website; and
- 2.3.3. ensure that you exit from your website account at the end of each session.
- 2.4 In order to use the Tube Products INTERNATIONAL website service, you will require access to the world-wide web. You are responsible for any connection, service and other fees associated with such access and for providing all equipment necessary to enable you to connect to the world-wide web (including a computer and modem or other access device). INTRAS cannot and will not be liable for any losses, damages or costs arising from your failure to comply with these requirements.
- 2.5 We have the right to disable any username or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use. If you know or suspect that anyone other than you knows your username or password, you must promptly notify us.
3. Intellectual Property Rights
- 3.1 Intellectual Property Rights in the material on the Website are owned by INTRAS or are included with the permission of the owner of the rights. As a visitor to the Website, you may download a single copy of the material on the Website on a single computer for your own private viewing[/listening] purposes only. Single copies of pages from the Website may be printed out for the sole purposes of enabling the person printing the page to retain a copy for their own personal records. No copying or distribution of material on the Website for any commercial or business use is permitted without our prior written consent. No photography, filming, broadcast, alteration or modification of the pages of the Website is permitted without our prior written consent except as may be reasonably necessary to use the Website in good faith. Subject to this paragraph, all rights in material on the Website are reserved to INTRAS.
- 3.2 All INTRAS trade marks (whether registered or unregistered) and graphics, logos, designs, page headers and button icons are the intellectual property rights of INTRAS and neither they nor any confusingly similar versions may be used by you including (but not limited to) as part of any trade marks and/or domain names without the prior written consent of INTRAS other than for the purpose of referring to INTRAS and its associated brands lawfully and in good faith (only).
4. Prohibited use
- You agree not to use the Website:
- 4.1 to create a database (electronic or otherwise) that includes material downloaded or otherwise obtained from the Website except where expressly permitted on the Website;
- 4.2 to disseminate advertisements on the Website or use the Website for any other commercial purposes (which would include using the Website to promote or encourage the sale of your goods/services;)
- 4.3 to place links on the Website where those links take users to unlawful material or material that contravenes these Terms and Conditions;
- 4.4 to transmit or re-circulate any material obtained from the Website to any third party except where expressly permitted on the Website;
- 4.5 in such a way so as to remove the copyright or trade mark notice(s) from any copies of any material made in accordance with these Terms and Conditions;
- 4.6 to disseminate any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- 4.7 to disseminate any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- 4.8 to disseminate any material which is or may infringe the rights (including intellectual property rights) of any third party or be 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, which may cause annoyance or inconvenience or may restrict or inhibit the use of the Website by any person or which constitutes or encourages conduct that may be considered a criminal offence or give rise to civil liability in any country in the world;
- 4.9 to disseminate any material which compromises the privacy or security of anyone other than yourself;
- 4.10 to disseminate any material which does or may bring INTRAS or any of its brands into disrepute or in any way damage its reputation;
- 4.11 to disseminate any material where use of the material by INTRAS, or any third party licensed or permitted by INTRAS, will give rise to any third party claims; or
- 4.12 to post link(s) that take users to material that contravenes any of the above restrictions.
- 4.13 You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our site or any services provided via, or in relation to, our site. This includes using (or permitting, authorising or attempting the use of):
- 4.13.1 Any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the site or any data, content, information or services accessed via the same.
- 4.13.2 Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.
- 4.14 The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790).
- You agree not to use the Website:
5. Specific Rules of Conduct
- 5.1. The pages of the Website where you are capable of posting content are provided for your private, non-commercial exchange of lawful, relevant, fair and appropriate information, opinions and comment. Use of the Website that is inconsistent with those stated purposes is strictly prohibited. By submitting any content to the Website, you:
- 5.1.1. grant INTRAS the right to use such content and all material embodied therein for any purposes including, without limitation, to edit, copy, reproduce, translate, disclose, post and/or remove such content from the Website and hereby waive all of the moral rights that you have under Chapter IV of the Copyright, Design and Patents Act 1988 in respect of any material you post to the Website;
- 5.1.2. warrant to INTRAS that all such content complies with the provisions of Clause 4; and
- 5.1.3. acknowledge that INTRAS may require you to confirm the above rights and warranties and agree to do so within 7 days of any request from INTRAS.
- 5.2. INTRAS reserves the right (but not the obligation) at its sole discretion to refuse, review edit, move or remove any content that is posted to, or available on, the Website without the need to give any reasons for doing so. However, INTRAS will not review the materials that you or anyone else makes to the Website and therefore, unless we are specifically notified of the nature of any item of content, you cannot assume that INTRAS is aware of it. If you object to the publication of any material placed on the Website please contact INTRAS using the contact us link (usually at the bottom of the Website) and we will take whatever action we deem appropriate.
- 5.3. You are solely responsible for securing and backing up your content.
- 5.4 You must not upload any material that could incite a terrorist offence, solicit any person to participate in terrorist activities, provide instruction on any method or technique for committing a terrorist offence or threaten to commit a terrorist offence.
- 5.5 INTRAS accepts no responsibility for any statements, material or other submissions placed on our online forums by you or any third party, or for any loss or damage resulting from your breach of these Terms and Conditions.
- 5.1. The pages of the Website where you are capable of posting content are provided for your private, non-commercial exchange of lawful, relevant, fair and appropriate information, opinions and comment. Use of the Website that is inconsistent with those stated purposes is strictly prohibited. By submitting any content to the Website, you:
6. Use of Software
- 6.1. Copyright in any software that is made available for download from the Website and/or the INTRAS Materials (as defined in Clause 8.2) belongs to INTRAS or its suppliers. Your use of the software is governed by the terms of any licence agreement that may accompany or be included with it. Do not install or use any software unless you agree to such licence agreement.
7. Links to Third Parties
- 7.1. You may link to the Website provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. Such consent is strictly only on the basis that you do not replicate the pages of the Website, and subject to the following conditions:
- 7.1.1. you do not create a frame or any other browser or border environment around the Website;
- 7.1.2. you do not in any way imply any endorsement by INTRAS other than with its written consent or misrepresent your relationship with INTRAS;
- 7.1.3. you do not use any logos or trade marks displayed on the Website without the express written permission of INTRAS;
- 7.1.4. you do not link from a website that is not owned by you; and
- 7.1.5. your website does not contain content that is distasteful, offensive or controversial, that infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
- 7.1.6 We reserve the right to withdraw linking permission without notice.
- 7.1. You may link to the Website provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. Such consent is strictly only on the basis that you do not replicate the pages of the Website, and subject to the following conditions:
8. Disclaimer
- 8.1. Whilst INTRAS endeavours to ensure that the Website is normally available 24 hours a day, due to the inherent nature of the Internet, errors, interruptions and delays may occur in the service at any time. Accordingly, the Website is provided on an "AS IS" and "AS AVAILABLE" basis without any warranties of any kind and we do not accept any liability arising from any interruption in availability. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for any other reasonable cause.
- 8.2. You acknowledge that whilst INTRAS endeavours to ensure that information on the Website and any related material provided to you by INTRAS, whether by email or otherwise ("the INTRAS 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 INTRAS. You acknowledge that the information on the Website does not necessarily reflect the views and opinions of INTRAS or any of its brands and that the INTRAS Materials should not be relied upon by you in making (or refraining from making) any specific investment or other business or personal decisions and acknowledge that professional advice should be obtained before making any such decision.
- 8.3. You acknowledge that some of the content may be supplied by third parties and the accuracy and completeness of it will not have been checked by INTRAS. No liability shall be accepted by INTRAS for any inaccuracy or omission in the information provided on the Website or the INTRAS Materials. All implied warranties are excluded from these Terms and Conditions to the extent that they may be excluded as a matter of law.
- 8.4. INTRAS will use reasonable endeavours to ensure that the Website and the INTRAS Materials do not contain or promulgate any viruses or other malicious code. However, it is recommended that you should virus check all such materials and regularly check for the presence of viruses and other malicious code. INTRAS excludes to the fullest extent permitted by applicable laws all liability in connection with any damage or loss caused by computer viruses or other malicious code originating or contracted from the Website or the INTRAS Materials.
- 8.5. INTRAS will not be liable for any damages (including, without limitation, damages for loss of the profits) arising in contract, tort or otherwise from any action taken (or refrained from being taken) as a result of using the Website or any content of it, including in respect of infringement of third party rights arising from the your use of the content.
- 8.6. Links on the Website to third party websites are provided solely for your convenience. If you use these links, you leave the Website. INTRAS has not reviewed these third party websites and does not control and is not responsible for these websites or their content or availability. INTRAS therefore does not endorse or make any representations about them, or any material found on them, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk. Please note that INTRAS gives no warranty that links to third party sites on the Site shall be marked as such.
- 8.7. The Website may contain links to third party websites where you may purchase items. You acknowledge that when making a purchase from a third party website you enter into a contract with that third party at your own risk and INTRAS will bear no liability for that contract. Please note that third parties may operate such shopping sites with reference to the name of the Website, but that does not mean that INTRAS are responsible for their conduct or any contracts that you enter into with them.
- 8.8. The Website may from time to time contain advertising and sponsorship. INTRAS is not responsible for either the content of the material provided by such advertisers and sponsors or their compliance with voluntary or statutory codes or provisions. In particular, INTRAS can provide no warranty that it will not take advertisements or sponsorship from your competitors.
9. Limitation of Liability
- 9.1. INTRAS will not be liable to you for any loss or damage caused by INTRAS or its employees or sub-contractors in circumstances where:
- 9.1.1. there is no breach of a legal duty of care owed to you by INTRAS (or its employees or sub-contractors); or
- 9.1.2. such loss or damage is not a reasonably foreseeable result of any such breach; or
- 9.1.3. in respect of any increase in the loss or damage resulting from your actions.
- 9.2 We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
- 9.3 We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our site; or
- use of or reliance on any content displayed on our site.
- 9.4 In particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
- 9.5. Nothing in these Terms & Conditions shall exclude or limit INTRAS's liability for:
- 9.2.1. death or personal injury caused by the negligence of INTRAS and/or its employees negligence; or
- 9.2.2. fraudulent misrepresentation by INTRAS and/or its employees.
10. General
- 10.1. These Terms & Conditions shall be governed by, and construed in accordance with, English law and the courts of England and Wales shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms & Conditions unless INTRAS shall elect to bring proceedings in the courts of the country of the user's residence or of principal place of business.
- 10.2. These Terms & Conditions, as varied by INTRAS from time to time form the entire understanding between us. Headings in these Terms & Conditions are for convenience only and will have no legal meaning or affect.
- 10.3. No delay or indulgence by INTRAS in enforcing the provisions of these Terms & Conditions shall affect INTRAS's rights under them nor shall any waiver of INTRAS's rights operate as a waiver of any subsequent breach.
- 10.4. No right, power or remedy conferred upon or reserved for INTRAS is exclusive of any other right, power or remedy available to INTRAS provided either under these Terms & Conditions or as a matter of law and each such right, power or remedy shall be cumulative.
- 10.5. You may not assign sub-license or otherwise transfer any of your rights or obligations under these Terms & Conditions.
- 10.6. If any provision of these Terms & Conditions is found to be invalid the invalidity of that provision shall not affect the validity of the remaining provisions of these Terms & Conditions, which shall remain valid and enforceable.
- 10.7. Nothing in these Terms & Conditions shall operate to exclude liability that cannot as a matter of law be excluded and in particular, and not with standing the limitations of liability set out above, our liability for death or personal injury caused by our negligence shall not be excluded or limited in any way.
- 9.1. INTRAS will not be liable to you for any loss or damage caused by INTRAS or its employees or sub-contractors in circumstances where: