Welcome to the Frog Systems Ltd terms and conditions (“the Terms and Conditions”). These terms apply to the Frog.Net website which is free to browse and is designed to promote health awareness, support, businesses, employment opportunities, activities and groups within UK local authority areas.
Frog Systems Ltd also offers an online signpost service for other of wellness and educational material, including videos, general information and info sheets.
In these terms and conditions: -
“Acknowledgement of Registration” means the electronic notification e.g. email sent to the Customer by Frog Systems Ltd which acknowledges receipt of registration.
“Agreement” means these Terms and Conditions together with the Customer’s Order as confirmed in Frog Systems’ Order Confirmation;
“Cinema Champion Content” means the video or visual testimonial uploaded by the Customer.
"Conditions" means these Terms and Conditions;
“Customer” means a User who registers with Frog Systems Ltd via Frog.Net
“Service Provider details” or “Content” means all of the information uploaded by the Service Provider or 3rd party information.
“the Service Provider” means the 3rd party or provider of services who has uploaded their content and contact details in order to provide services subject to their terms and conditions.
“the User” and “you” means you, the user of Frog.Net;
“the Website” means Frog.Net operating under the domain name of http://www.frog.net
“the Website Content” means the Website information, data, text, graphics, links or computer code published and owned by Frog Systems Ltd.
“Working Day” means within the hours of 9.00am to 5.00pm, Monday to Friday only, not including bank holidays;
“Frog Systems Ltd” and “We / Us / Our” means Frog Systems Ltd. Registered as a Limited Company in Scotland (company registered number SC491139) with its registered office at 423 Paisley Road West, Glasgow, G51 1PZ, United Kingdom
2. Basis of Use of the Website
2.1 The User warrants to Frog Systems Ltd that it will not use the Website, the Material or any part thereof for any purpose that is in contravention of any applicable law or regulation or in a manner that will infringe the copyright, trademarks, service marks or other intellectual property rights of third parties or violate the privacy, publicity or other personal rights of others or in any defamatory, obscene, threatening, abusive or hateful manner. Without prejudice to the foregoing general statement, you agree to the following: -
2.1.1 that you understand, acknowledge and accept the exclusion of liability and disclaimer provisions contained hereafter;
2.1.2 that you will only view the Material for your own private purpose and will not publish, reproduce, store or retransmit any of the Material contained in the Website at any time;
2.1.3 that you shall not run any tools on the Website that systematically retrieve web pages for offline or online viewing; whether it be for personal, commercial, experimental, experimental, educational or any other use;
2.1.4 that all intellectual property rights (including without limitation copyright, trademarks and all other rights) whatsoever in the Material and the Website shall remain vested in Frog Systems Ltd at all times;
2.1.5 that you acknowledge that Frog Systems Ltd has no obligation to provide the Website or any Material or to ensure that you are able to use, provide and/or access the Material, and the Website;
2.1.6 that you will indemnify and keep indemnified Frog Systems Ltd against all claims, liabilities, damages, costs and expenses including legal fees arising out of any misuse of the Material or the Website or breach of your obligations under his agreement.
2.1.7 that you will not advertise or promote third party or Your own products or services including by way of the distribution of 'spam' mail;
2.1.8 that you will not penetrate or attempt to penetrate the Website security measures.
3. Third Party Websites
3.1 The Website contains links to websites operated by parties other than Frog Systems Ltd. Such links are provided for the User's convenience only. Frog Systems Ltd does not control such websites, and is not responsible for their content. Frog Systems Ltd inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with their operators. The User is solely responsible for evaluating the accuracy and completeness of any information contained on the third party websites, and also the value and integrity of any Service Providers details and services offered by such websites.
3.2 You may only link to this Website with Our express written permission. We expressly reserve the right to withdraw our consent at any time to a link which in our sole opinion is inappropriate or controversial.
4.1 The website is intended to provide general information only and, as such, should not be considered as a substitute for advice covering any specific situation. Users should seek appropriate advice before taking or refraining from taking any action in reliance on any information contained in this website. So far as permissible by law, Frog Systems Ltd does not accept any liability to any person relating to the use of any such information.
4.2 Information is provided on the Website by way of guideline only. All calculations and pricing information are based on averages and updated as and when the Material is supplied by government agencies. Information and the tips and advice offered as part of the Frog Systems Ltd service is supplied by independent specialists, in line with government guidelines AND IS IN NO WAY TO BE A REPLACEMENT FOR PROFESSIONAL MEDICAL ADVICE.
4.3 The Website is intended for use by UK residents and only in relation to their activities within the UK.
4.4 Frog Systems Ltd does not represent or warrant that the information accessible via the Website is accurate, complete or correct. Frog Systems Ltd has no liability whatsoever in respect of any use which you make of such information except in the case of personal injury or death caused by the negligence of Frog Systems Ltd.
4.5 The Website and the information, names, images, pictures, logos regarding or relating to Frog Systems Ltd are provided "as is" without any representation or endorsement made and without warranty of any kind whether express or implied. In no event will Frog Systems Ltd be liable for any damages including, without limitation, indirect or consequential damages, or any damages or loss of profits whatsoever arising from the use or in connection with such use or loss of use of the site, whether in contract or in negligence.
4.6 Frog Systems Ltd does not warrant that the functions contained in the Material contained in this site will be uninterrupted or error free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or bugs, nor do we guarantee the full functionality, accuracy and reliability of the Material. It is the responsibility of the User to ensure they can assess the Internet: we recommend using the latest versions of Internet Explorer, Firefox or Safari to browse when accessing our software and advise that the User may experience difficulties when using Internet Explorer 9.0 or earlier versions.
4.7 Whilst Frog Systems Ltd has taken every precaution in compiling this Website neither it nor any contributors to the site can be held responsible for any action (or the lack thereof) taken by any person or organisation wherever they shall be based, as a result, direct or otherwise, on information contained in or accessed through this Website.
5. Protection of Information
Whilst Frog Systems Ltd makes all reasonable attempts to exclude viruses from the website it cannot ensure such exclusion and no liability is accepted for damage caused through the downloading of viruses. Therefore, you are recommended to take all appropriate safeguards before downloading information from the Website.
7. Proprietary Rights
All trademarks, copyright, database rights and other intellectual property rights in the Material on this Website (as well as the organisation and layout of this Website) together with the underlying software code are owned by, licensed or authorised to Frog Systems Ltd, its assignees, licensees or sub-licensees thereof and the copyright in the text, artwork, graphics and images on the Website is owned by Frog Systems Ltd or its licensors or its content or technology providers except where otherwise specified. Nothing in these terms and conditions transfers to you any rights of ownership of such intellectual property rights, or constitutes a license to use such intellectual property rights other than to the extent expressly set out in these terms and conditions. Without our prior written permission, you may not copy, modify, alter, publish, broadcast, distribute, sell or transfer any Material on this Website or the underlying software code whether in whole or in part. However, the contents of this Website may be downloaded, printed or copied for your personal non-commercial use.
8. Champions Cinema Content
8.1 In the event the Customer uploads content to our Website; Frog Systems Ltd commits not to share any content without the expressed permission of the Customer.
8.2 The Customer can at any point delete their content.
8.3 If for any reason the content is not suitable as judged by Frog Systems Ltd, We reserve the right to remove the content from the Website. Frog Systems Ltd being the sole arbiter of this issue.
9. Service Provider information
9.1 We reserve the right to withdraw any Service Providers details from this Website at any time or remove any materials or Content on this Website which we reserve the right to do at any time, at our sole discretion.
9.2 If Service Providers details are shown on our Website but are not available or are incorrectly described or otherwise incorrectly described, we shall not be obliged to withdraw the Service Providers details.
9.3 Although we have made all reasonable efforts to correctly display Service Providers details on the Website, we cannot guarantee that these will be accurately represented.
9.4 We will not be liable to you or any other third party by reason of our withdrawing any Service Providers details from this website, or removing their content from the Website.
10. Cancellation by Us
10.1 Frog Systems Ltd shall be entitled to suspend the Service in accordance with clause 10.3.
10.2 Frog Systems Ltd will not tolerate Users being rude or offensive or otherwise abusing the ‘Frog.Net Service’ in any way including our employees and reserves the right to terminate the Service with immediate effect as a result of such behaviour (at Frog Systems Ltd discretion).
Cancellation by You
10.3 The Customer can unregister and cancel the service at any time.
Frog Systems Ltd shall endeavour to provide access to the Website subject to the Conditions outlined in this Agreement. However due to the nature of the service provided by Us, all services provided by the 3rd parties and Service Providers are subject to their terms and conditions.
12. Force Majeure
12.1 Frog Systems Ltd shall not be liable to or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
12.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, impossibility of the use of public or private telecommunications networks, the acts, decrees, legislation, regulations or restrictions of any government, any shipping, postal or other relevant transport strike, failure or accidents.
12.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
13. Limitation of Liability
13.1 The Customer uses the Service at its own risk and in no event shall Frog Systems Ltd be liable to the Customer for any direct, consequential, incidental or special damage or loss of any kind (except personal injury or death resulting from Frog Systems Ltd negligence) including, but not limited to, loss of profits, loss of contracts, change in Customer’s business circumstances, business interruptions, loss of money, the Customer’s identity theft , brand damage, loss of or corruption of data or the Customer's inability to use the Service, however caused and whether arising under contract or tort, including negligence or otherwise except as expressly provided herein.
13.2 If any exclusion, disclaimer or other provision contained in this Agreement is held to be invalid for any reason by a court of competent jurisdiction and Frog Systems Ltd becomes liable thereby for loss or damage that may lawfully be limited, such liability whether in contract, tort (including negligence but specifically excluding personal injury or death resulting from Frog Systems Ltd negligence) or otherwise, will not exceed the total charges of the product paid by the Customer preceding such liability arising.
13.3 The Customer must make every effort to secure their username, passwords and key phrase details and should not under any circumstance disclose their username and password and key phrase details to a third party or by an email request. Frog Systems Ltd, nor its directors, employees or representatives will be liable for damages arising out of or in connection with the use of this Website or information, content, materials or products included on this Website. This is a comprehensive limitation of liability that applies to all damages of any kind.
13.4 It is the Customers responsibility to maintain and update browser, firewall or anti-virus and anti-spyware software. The Customer must protect their Computer and ensure they update all security software by downloading the latest security patches from relevant software provider.
13.5 Frog Systems Ltd will endeavour to provide services as described on the Website but cannot guarantee 100% uptime.
13.6 Frog Systems Ltd is not responsible for the performance of the Service Providers services due to the Customers use or misuse of the service.
13.7 The Customer is solely responsible for assessing the suitability of the Service Provider and choosing the correct type of the service.
13.8 During the Customers use of the Service Providers services or following delivery of the Service Providers services, should the service be unsatisfactory in any way, the incident is not the responsibility of Frog Systems Ltd. Due to the nature of the service provided by Frog Systems Ltd, We cannot be held responsible for the services provided by the Service Provider.
13.9 Frog Systems Ltd cannot be responsible for Users cutting and pasting content from the Website.
We shall be entitled to subcontract, assign or transfer our obligations or rights to a competent third party or to any associated company whether in whole or in part. The Customer may not assign or transfer any of your rights or obligations without our written consent.
15.1 Frog Systems Ltd reserves the right to change these Terms and Conditions at any time by posting changes online. Your continued use of this site after the changes are posted constitutes your acceptance of this agreement as modified.
15.2 Failure or delay by Frog Systems Ltd in enforcing any term of the Agreement shall not be construed as a waiver of any of its rights under it.
15.3 The illegality, invalidity or unenforceability of any part of this Agreement will not affect the legality, validity or enforceability of the remainder.
15.4 The terms and conditions and the use by the User of the Website shall be governed by the Law of Scotland and the parties submit themselves to the non-exclusive jurisdiction of the Scottish Courts.
16. Statutory Information
This website is owned and operated by:
Frog Systems Ltd,
423 Paisley Rd West, Glasgow G51 1PZ
A company registered in Scotland number SC491139