Terms and Conditions
Notice: Please read these terms and conditions carefully. They set out the terms under which the Services operated by Totally Typing Limited (the web site, together with the content, e-mail, and other services provided by Totally Typing Limited from time to time and to which additional terms and conditions may apply) are made available to you. These Terms and Conditions apply to all clients using any of the services provided by Totally Typing Limited and by accessing these services you agree to be bound by these terms and conditions.
We reserve the right to amend these Terms and Conditions without notice.
In these Terms and Conditions of Service the following definitions will be used, which when written with a capital letter shall have the meanings described below:
1.1. Terms and Conditions: These general terms and conditions apply to all services provided by Totally Typing. Additional terms and conditions may apply to certain services. 1.2. Totally Typing: Totally Typing Limited, a company registered in England and Wales with registration number 05872173, registered company address: 32 Threadneedle Street London, EC2R 8AY. Mailing address is PO Box 26995, London SE21 8XZ.
1.3. TotallyTyping.com: The Internet site www.TotallyTyping.com operated by Totally Typing
1.4. User: Any natural person or legal entity who is a Visitor to the web site or user of any Service.
1.5. Service(s): Any and all services provided by Totally Typing including but not limited to the web sites, the possibility of sending and receiving e-mail via an e-mail address, and Web Site for Users and other services provided by Totally Typing from time to time.
1.8. An individual User of the services of Totally Typing.
2. User Privacy
2.1. We will respect your personal information and undertake to comply with all applicable UK Data Protection legislation currently in force.
3. Totally Typing Obligations to Users
3.1. We will use our reasonable endeavours to maintain the Services in an accessible and satisfactory operating condition.
3.2. There can however be no guarantee that the Services will always be accessible and in satisfactory operating condition and therefore we cannot and do not accept any responsibility for interruptions or failures to any Service or for any defects that may exist, or for any costs, loss of profits, loss of data, or consequential losses arising directly or indirectly from any User’s use of or inability to access or use any Service.
4.1. All Services are provided by Totally Typing without any warranties or guarantees unless specifically stated.
4.2. Totally Typing may edit, move or delete any content on any Service for any reason.
4.3. Totally Typing may provide or merchants and content providers found on or via any Service or Users may provide, links to other web sites or resources. Totally Typing does not and will not accept any responsibility for these web sites or resources; neither can we be deemed to have endorsed their content, products or services merely because they are accessible via any Service.
4.4. Totally Typing makes all reasonable efforts to ensure that all information provided by it within any Service is accurate at the time of its inclusion. However there may be errors, inaccuracies or omissions in respect of which Totally Typing excludes all liability. Totally Typing makes no representations or warranties, express or implied, about the information included on any Service, including links to Third Party or User web sites. Any decision taken by Users based on the information contained on any Service is their sole responsibility.
4.5. Information provided by Totally Typing does not constitute legal or professional advice and should not be relied upon without taking independent advice.
4.6. Totally Typing, its affiliates, information providers and content partners do not provide any warranty as to the timeliness, accuracy or completeness of the information contained within any Service.
4.7. The core service provided by the Totally Typing is facilitation of documented transcripts via email or hardcopy.
4.8. Totally Typing owns all intellectual property rights to the content on the Services and its design, structure, and compilation (often known as “look and feel”), except where specifically attributed to Third Parties.
4.9. For permission to use Third Party materials appearing on any Service, please contact the appropriate copyright owner.
5. Limitation of Liability
5.1. Totally Typing’s entire liability to Users in respect of all matters associated with the Services shall be limited as follows:
5.1.1. Nothing in these Terms and Conditions excludes Totally Typing’s liability for death or personal injury arising from the negligence of Totally Typing, its servants or agents.
5.1.2. Nothing in these Terms and Conditions excludes any other liability which is prohibited from being excluded by law.
5.1.3. Except as set out in 5.1.1 and 5.1.2 above Totally Typing accepts no liability for and hereby excludes any liability for any consequential or indirect losses, loss of profits, loss of business, loss of goodwill or any form of special damages.
5.1.4. Totally Typing’s liability for direct loss shall, subject to paragraphs 5.1.1 and 5.1.2 above, be limited to the amount actually paid by the User to Totally Typing and all conditions, warranties or other terms whatsoever inconsistent with the provisions of this sub paragraph are hereby expressly excluded.
5.1.5. In the event that 5.1.3 should prove for any reason ineffective to exclude any liability referred to in that sub paragraph, any such liability shall, subject to 5.1.1 and 5.1.2 above be limited to the amounts actually paid by the User to Totally Typing.
5.1.6. Each of sub paragraphs 5.1.1 to 5.1.5 above shall be a separate and severable limitation and if any one or more of them shall prove for any reason ineffective to exclude any liability referred to in the relevant sub paragraph(s) the remaining sub paragraphs shall remain in full force and effect.
6. Other Conditions
6.1. If any provision of these Terms and Conditions is held to be unenforceable, it will not affect the validity and enforceability of the remaining provisions.
6.2. These Terms and Conditions may be amended from time to time. Any amendments shall be effected by posting the amended Terms and Conditions within the Services. Totally Typing may, but is not obligated to, inform Users of any amendment by e-mail. Totally Typing may also in the same way extend these Terms and Conditions to include other conditions applicable to specific products or services offered by Totally Typing from time to time.
6.3. These Terms and Conditions shall be deemed to be a contract made in England & Wales between the User and Totally Typing and these Terms and Conditions and the User’s use of the Services are subject to and shall be construed in accordance with English law.
6.3.1. Interpretations of this agreement and determinations that a User has breached the agreement will be made at Totally Typing’s reasonable discretion and based upon facts known to us.
6.4. The failure by Totally Typing to enforce any right under these Terms and Conditions will not waive the right of Totally Typing to do so.
7.0 Intellectual property
The materials on any Totally Typing website, such as documents, text and graphics, are protected by copyright, design rights, database rights and other intellectual property rights, which are the property of Totally Typing Ltd. or a third party. Unless stated otherwise, you may not modify adapt or in any way exploit (whether for commercial gain or otherwise) any content from this website without prior written consent from us, and from any other entities with an interest in the relevant intellectual property.
The services provided via any Totally Typing website, including all content and information, are provided without any warranties of any kind, either express or implied. While we take reasonable steps to ensure the quality of content and information made available on this website in general terms, neither Totally Typing Ltd. nor its officers, employees, or contractors assume any responsibility for the accuracy, correctness, relevance, completeness or currency of the information or other content on the website. Totally Typing Ltd. does not warrant that any functions contained in any the website will always be available or will be uninterrupted or error-free, or that content and materials on this website or the server that makes it available will be free of viruses or other harmful components. You should take appropriate precautions to ensure that any content you download is free of such viruses and other harmful content. We do not represent that the content or other information provided on the website (including any advertising, promotion or any service) is appropriate, relevant or available for use outside the UK. We may suspend or stop the website operating at any time.