Effective 1st August 2007
“Agreement” means the terms and conditions set out herein.
“Visitor” means a person browsing the Serenity Peterborough Ltd (Serenity) website.
“Serenity Services” means the services provided by Serenity under the terms of this agreement.
This Agreement sets forth the legally binding terms for your use of the Serenity Services. By using the Serenity Services, you agree to be bound by this Agreement. You are only authorised to use the Serenity Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Serenity website and discontinue use of the Serenity Services immediately.
This Agreement includes Serenity’s policy for acceptable use of the Serenity Services on the Serenity website, your rights, obligations and restrictions regarding your use of the Serenity Services and Serenity’s privacy policy.
Serenity may modify this Agreement from time to time and such modification shall be effective upon posting by Serenity on the Serenity website. You agree to be bound to any changes to this Agreement when you use the Serenity Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Privacy. Use of the Serenity Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
Disclaimers. Serenity is not responsible for any incorrect or inaccurate Content posted on the Serenity Website or in connection with the Serenity Services, whether caused by Users of the Serenity Services or by any of the equipment or programming associated with or utilized in the Serenity Services.
Inclusion of any linked website on the Serenity Services does not imply approval or endorsement of the linked website by Serenity. When you access these third-party sites, you do so at your own risk. Serenity takes no responsibility for third party advertisements which are posted on this Serenity Website or through the Serenity Services, nor does it take any responsibility for the goods or services provided by its advertisers. Serenity is not responsible for the conduct, whether online or offline, of any User of the Serenity Services. Serenity assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or User communication. Serenity is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Serenity Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Serenity Services. Under no circumstances shall Serenity be responsible for any loss or damage resulting from use of the Serenity Services, from any Content posted on or through the Serenity Services, or from the conduct of any Users of the Serenity Services, whether online or offline.
Limitation on Liability. IN NO EVENT SHALL Serenity BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF Serenity HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Serenity'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF THE AMOUNT PAID, IF ANY, BY YOU TO Serenity FOR THE Serenity SERVICES DURING THE TERM OF USER AND THE AMOUNT OF INSURANCE HELD BY Serenity FOR SUCH LIABILITY.
Disputes. The Terms of this Agreement shall be subject to English law and to the exclusive jurisdiction of the courts of England and Wales.
Indemnity. You agree to indemnify and keep indemnified Serenity from any loss, liability, claim, or demand, including legal fees, made by any third party due to or arising out of your use of the Serenity Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
Please contact us with any questions regarding this Agreement.