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Our Terms of Trade
1a) The terms and conditions set out below, shall apply without variation to every contract entered into by Discus Group Limited (Discus) for the sale of goods or provision of services unless a variation thereto is expressly agreed in writing by a director of Discus. These terms and conditions shall apply notwithstanding any inconsistency between them and the terms and conditions of any form of contract sent by the customer to Discus
1b) Discus's advertising literature and any documents submitted with any quotation are intended only to give a general idea of Discus's goods and may not be relied upon by the customer as a representation or warranty
1c) Discus's employees are not authorised to make any representations concerning the goods and services unless such representations are confirmed by Discus in writing. In entering into the contract the customer acknowledges that it does not rely on, and waives any claim for breach of, any such representations which are not so confirmed
2) Discus will endeavor to adhere to any delivery date agreed but does not guarantee that any goods will be delivered by such date and Discus shall not be liable for any loss or damage of any kind howsoever arising by reason of any failure on the part of Discus to deliver by such stated date. The customer agrees to provide a receipt for all deliveries of goods from Discus
3a) Discus will only consider any claim made by a customer for the supply of defective goods or for wrong delivery of which it has notice in writing from the customer within five days of the delivery of goods to the customer
3b) Discus will only consider any claim made by a customer for non-delivery of goods of which it has notice in writing from the customer within five days of the date of invoice
4a) Discus will not be responsible for any loss of or damage to goods after delivery and risk as distinct from property in them shall pass to the customer on delivery
4b) The property and title in any goods supplied by Discus to the customer shall not pass to the customer until the date when the customer has paid Discus all monies owing on any account
4c) If so required by Discus the customer shall segregate and store all goods delivered hereunder in such a way as they can be recognised as the property of Discus
4d) If the customer shall default in any obligation to Discus hereunder or under any other order or contract with Discus or if any order becomes terminable by Discus, Discus may:
i) At any time and without notice itself or by its employees or agents retake possession of the goods and shall be entitled for this purpose freely to enter upon the premises occupied by or under the control of the customer and/or
ii) Direct the customer to account to it for the full amount of the proceeds of sale by the customer of the goods and/or
iii) Terminate the authority of the customer to sell or deal with the goods
5a) The customer shall make payment to Discus for all goods (including value added tax) within terms stated on the face of the invoice
5b) Failure by the customer to make payment hereunder by the due date shall entitle Discus at its option to cancel or suspend all trading arrangements without prejudice to any other rights Discus may have against the customer
5c) Any costs incurred in collecting the amount of the invoice, whether by legal proceedings or otherwise shall be recoverable on an indemnity basis as part of the debt
5d) Discus shall be entitled at its discretion to charge interest on any overdue amount at a rate equal to 3% per month above the base rate of Barclays Bank PLC from time to time in force, before as well as after any judgment
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6a) The price of goods sold and purchased and services supplied hereunder shall be agreed in writing before any order is accepted by Discus
6b) All invoices must be paid in full without deduction or set off
6c) Any changes to a project once it has commenced will be charged to the customer in full
7a) All materials (including dubbing masters, packaging elements, library/slip cases, recorded tape stock and any printed matter) supplied by the customer to Discus in respect of an order ("Customer Materials") will be returned when all monies owing on any account have been paid
7b) While Discus expects to take reasonable care of Customer Materials in its possession, Discus shall limit its liability for loss or damage to Customer Materials to the replacement with a similar quantity of unrecorded raw stock or blank tape for the quantity of material which is lost, damaged or destroyed. Except for such replacement, Discus shall have no further liability regarding the loss, damage or destruction of Customer Materials. It Customer Materials include valuable or original items the customer is advised to insure accordingly and keep safety masters where appropriate
7c) Storage of Customer Materials will be free of charge until 14 days after the delivery date of the relevant order. The customer agrees to pay Discus's storage charges at its current rates for all Customer Materials stored after that date. Discus may store all Customer Materials at any place Discus deems fit
7d) Discus shall be entitled to inspect the Customer Materials and if they are unsuitable for the methods used by Discus or of a standard considered unacceptable Discus may refuse to meet any order to which the Customer Materials relate
8a) Discus accepts no liability whatsoever for any loss or damage whether consequential or direct and whether suffered by or occasioned to the customer, the employees or agents of any customer or third party which may arise after delivery of the goods or services to the customer and reasonable down time for maintenance and repair of systems must be expected
8b) Discus's liability for materially defective goods or services shall be limited to replacing the goods or services or at Discus's election, giving credit providing they were purchased directly from Discus and are returned promptly for verification. No credit or replacement will be given unless and until goods so returned have been verified as being materially defective. Discus reserve the right to charge the customer the costs incurred in cases where returned goods prove not to be materially defective. Discus will not accept any liability for damage as a result of wear and tear or damage as a result of misuse
9a) The customer warrants that it has the right to instruct Discus to carry out the customer's orders and that any video materials delivered to Discus shall contain nothing obscene, blasphemous or otherwise unlawful and that the carrying out of the customer's orders by Discus will not infringe the, trademark, service mark, copyright, moral right or any other right of any third party
9b) The customer warrants that they take full responsibility for checking the content of materials supplied and accept Discus will not be held liable for errors or omissions made by the customer
9c) The customer shall indemnify Discus against all losses and all actions, claims, proceedings costs and damages (including any damages or compensation paid by Discus on the advice of its legal advisors to compromise or settle any claim) and all legal costs and other expenses arising out of any breach of the warranty set out in sub-clause 9a) or out of any claim by a third party based on any facts which if substantiated would constitute such a breach
10) These terms and conditions shall be governed by and construed according to English law



Terms for virtual hosting accounts
Discus Group provides World Wide Web page hosting. Discus Group reserves the right to suspend or cancel a customer's access to any or all services provided by Discus Group when Discus Group decides that the account has been inappropriately used or otherwise
Hosting accounts are to be used by the primary owner only. Account holders are not permitted resell, store or give away web-hosting services of their web site to other parties. Web hosting services are defined as allowing a separate, third party to host content on the owner's web site. Exceptions to this include ad banners, classified ads, and personal ads. Discus Group reserves the right to refuse service and /or access to its servers to anyone
Discus Group do not allow any of the following content to be stored on its servers:
Illegal Material - This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any Federal, State or Local regulation. Adult Material - Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of "adult material" is left entirely to the discretion of Discus Group. Warez - Includes pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.
High bandwidth usage: Discus Group offers an unlimited use policy by maintaining very large ratios of bandwidth per customer. In rare cases, Discus Group may find a customer to be using server resources to such an extent that he or she may jeopardize server performance and resources for other customers. In such instances, Discus Group reserves the right to impose the High Resource User Policy for the consideration of all customers
Resources are defined as bandwidth and/or processor utilization. Discus Group may implement the following policy to its sole discretion:
When a web site is found to be monopolising the resources available Discus Group reserves the right to suspend that site immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. Customers may be offered an option whereby Discus Group continues hosting the web site for an additional fee
All accounts are set up on a prepay basis. Although Discus Group reserves the right to change prices of accounts or services at any time all pricing is guaranteed for the period of prepayment. Payment is due each anniversary year or month following the date the account was established. Customers will automatically be charged again at the end of their prepay period unless closure notification has already been given.In situations where the card number on file is declined Discus Group will immediately suspend the facility to purchase services on-line until the outstanding charge is processed successfully.
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In addition, Discus Group reserves the right to suspend other services until the outstanding debt is cleared. The customer is responsible for all money owed on the account from the time it was established to the time that the customer sends a written cancellation request. No bills or invoices will be sent by regular mail. All invoices will be sent directly to customers via email shortly after the online purchase has been made. At this point the customer's card will be charged automatically. All payment is in UK sterling.
In order to streamline our accounting procedures and keep costs down Discus Group runs a limited number of payment options.
Credit / Debit Cards:
Discus Group accepts Mastercard, Visa (not Visa electron), Switch and Solo
Cheque Payment:
This option is only available to customers who pay annually for their Discus Group account subject to credit approval. A credit / debit card number will still be required if customers require the facility to purchase domains and other services on-line. Discus Group cannot guarantee that a service will be provided until after any received cheques have been cleared.
Discus Group reserves the right to cancel the service at any time. In this event customers will not be entitled to a pro rata refund based upon the remaining period of membership. If a customer contravenes Discus Group' terms of service a refund will not be issued in the event of a cancellation. Fees charged on a prepay basis are non-refundable. In addition some accounts incur set-up fees, these charges are also non-refundable
Customer agrees that it shall defend, indemnify, save and hold Discus Group harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Discus Group, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Discus Group against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Discus Group' server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from Discus Group' server.
Discus Group will not be responsible for any damages your business may suffer. Discus Group makes no warranties of any kind, expressed or implied for services we provide. Discus Group disclaims any warranty or merchantability or fitness for a particular purpose. The includes loss of data resulting from delays, non deliveries, wrong delivery, and any and all service interruptions caused by Discus Group and its employees and agents. Discus Group reserves the right to revise its policies at any time

Terms for domain purchases
This Service Agreement ("Agreement") sets forth the terms and conditions of our agreement relating to your use of the domain name registration services and hosting services provided by Discus Group to register an Internet domain name, as well as the registration of the domain name
To complete the registration process, you must acknowledge that you have read, understood, and agree to be bound by all the terms and conditions of this Agreement, any rules or policies that are or may be published by Discus Group from time to time, and the rules and regulations set forth by the registry administrators for the respective registries. This Agreement will become effective upon acceptance by Discus Group
Discus Group may at its sole discretion, elect to accept or reject any application for registration of domain name for any reason, including but not limited to, rejection due to a request for registration of a prohibited domain name
Discus Group has been granted the right to provide Internet domain registration services for second-level domain names within the .com, .org, .net, .co.uk, .org.uk, .ltd.uk and .plc.uk top-level domains. ICANN oversees the .com, .org and Net top-level domains. Nominet oversees the .co.uk, .org.uk, .ltd.uk and .plc.uk top-level domains
Upon Discus Group's receipt of domain name registration information from you,Discus Group shall submit the information to the registry administrator for the appropriate top-level domain for approval and processing. The registry administrator then puts into effect the domain name registration. Network Solutions Inc. currently acts as the registry administrator for the .com, .org, and Net top-level domains. Nominet UK acts as the registry administrator for the .co.uk, .org.uk, .ltd.uk and .plc.uk top-level domains
As consideration for Discus Group providing domain name registration services to you, you agree to pay Discus Group, prior to the approval of the desired domain name registration, the amounts set forth in the Discus Group Price Schedule, as amended from time to time, for the initial registration of the domain name and any subsequent renewals
Your application will not be registered until Discus Group receives actual payment of the registration fee. If Discus Group does register a domain name prior to payment of the registration fee,Discus Group reserves the right to cancel that registration or restrict use of the domain name until payment has been received.
All fees must be prepaid and are nonrefundable, in whole or in part, even if the domain name registration is suspended, canceled or transferred prior to the end of the registration term
In the event of a returned payment from your bank or failure to pay your invoice on time to Discus Group, the domain name registration shall be transferred to Discus Group as the paying entity for the registration. Discus Group may reinstate your domain name registration at its sole discretion upon its receipt of the registration or renewal fee and its then current reinstatement fee. The reinstatement fee is currently UK £250
Payment must be made by cheque, standing order, direct debit, Bankers draft, CHAP’s payment or other methods we indicate in registration application or renewal form. We will renew your domain name for you provided your payment is received within 14 days prior to renewal or other billing information is available and up to date. If your billing information is not accurate and you wish to renew your domain name registration, we will contact you to update this information and charge accordingly.
You agree to be bound by the Discus Group Domain Name Dispute Policy (the "Dispute Policy"), as amended from time to time, which is hereby incorporated and made a part of this Agreement by reference. The Dispute Policy is available upon request
The Dispute Policy governs any dispute between you and any party other than us over the registration and use of the domain name. The specific disputes, which are subject to the Dispute Policy, are contained in the Dispute Policy. You agree that you will be subject to the provisions specified in the Dispute Policy in effect at the time the domain name registration is disputed by a third party
You also agree that in the event a domain name dispute arises with any third party, you shall indemnify and hold DISCUS GROUP harmless pursuant to the terms and conditions contained in the Dispute Policy.
You acknowledge and recognize that the domain name system and the practice of registering and administering domain names are continuously evolving, and acknowledge and agree that Discus Group may modify this Agreement and the Dispute Policy as necessary from time to time to comply with any agreements by which Discus Group is or will be bound, and to adjust to changing business circumstances
Your continued use of the registered domain name constitutes acceptance of this Agreement and amendments. If at any time, you do not agree to such changes, you agree that your sole remedy is to request that your domain name registration be canceled or transferred to a different domain name registrar

You acknowledge and recognize that all contact with Discus Group in the first instance should be made via e-mail or our postal address to confirm the nature of your enquiry. Once an enquiry has been logged, you may follow up by e-mail or telephoning 0871 2200 199
You agree that Discus Group is not obliged to offer telephone support as part of your agreement, but may do so at its discretion.
Information you are required to submit as part of the registration process, you are required to submit to Discus Group and keep updated the following information in connection with your application for domain name registration:
(a) the domain name to be registered;
(b) the domain name holder's name and mailing address;
(c) the name, mailing address, e-mail address, telephone number, and fax number of the administrative contact for the domain name; and
(d) the name, mailing address, e-mail address, telephone number and fax number of the billing contact for the domain name.
You shall provide and maintain updated information at all times with Discus Group. Discus Group at its option may refuse to renew any registrations unless you maintain current and updated information at all times
Discus Group may from time to time request additional information from you. While not obligated to provide the additional information, you should provide the additional requested information to ensure that you will obtain all the products and services, which Discus Group makes available to domain name registrants.
Additional Information Maintained About your Registration
In Addition to the information you provide, we maintain additional information relating to your domain name registration, including:
(a) the original creation date of the registration;
(b) the date and time the registration application was submitted to us and the appropriate registry;
(c) communications constituting registration orders, modifications, or termination's and related correspondence;
(d) records of account for your domain name registration, including dates and amounts of all payments and refunds;
(e) the IP names and address of the primary name servers and any secondary name servers;
(f) the name, mailing address, e-mail address, telephone number, and fax number of the technical contact for the domain name;
(g) the name, mailing address, e-mail address, telephone number, and fax number of the zone contact for the domain name;
(h) the expiration date of the registration; and >(i) other information regarding all other activity regarding your domain name registration and related services
Obligations Relating to Data Provided by You
If in registering a domain name you provide information about a third party, you hereby represent that you have provided notice to and have obtained the express consent from the third party to the disclosure and use of the third party's information as set forth in this Agreement
Disclosure and Use of Registration Information
You agree to authorize Discus Group to provide any information to ICANN, the registry administrators and to other third parties as ICANN and applicable laws may require or permit. You acknowledge and agree Discus Group may make publicly available, some or all of the domain registration information provided by you, for purposes of inspection such as through Discus Group WHOIS service, for targeted marketing, or for any other purpose as required or permitted by ICANN and applicable laws. In addition, you acknowledge that ICANN may establish guidelines, limits and requirements that relate to the amount and type of information that Discus Group may or must make available to the public or to private entities, and the manner in which such information is made available. You hereby consent to any and all such disclosures and use of, and guidelines, limits and restrictions on disclosure or use of information and updated from time to time provide in connection with registration of a domain name, whether during or after term of the registration of the domain name. You hereby irrevocably waive any claims and causes of action you may have arising from such disclosure or use of the domain name registration information. You may access your domain name registration information in Discus Group possession to review, modify or update such information, by contacting our domain manger
We will not process any data about any identification natural person that we obtain from you in a way incompatible with the purpose and limitations described in this Agreement. We will take reasonable precautions to protect the information we obtain from you from our loss, misuse, unauthorized access or disclosure, alteration or destruction of that information
You agree and acknowledge that Discus Group owns the following:
(a) all database, compilation, collective and similar right, title and interests worldwide in the domain name database;
(b) all information and derivative works generated from the domain name database; and
(c) information for the registrations for which Discus Group acts as the registrar including:
(i) the original creation date of the registration;
(ii) the expiration date of the registration;
(iii) the name, mailing address, e-mail address, telephone number, and fax number of the technical contact, administrative contact, zone contact, and billing contact for the domain name;
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Discus Group Domain Name Dispute Policy
We have two domain name dispute policies, which are agreed in conjunction with the appropriate administration body. If you wish to receive a copy of these policies, then please state the domain suffix in order to receive the appropriate policy you wish to view.
If you need to contact us in relation to our Domain Name Dispute Policy please e-mail or write to us addressing your correspondence to the administration team.
Dispute Policy for domains ending in .com, Net or .org
Approved by ICANN
1. Purpose.
This Uniform Domain Name Dispute Resolution Policy (the "Policy") has been adopted by the Internet Corporation for Assigned Names and Numbers ("ICANN"), is incorporated by reference into your Registration Agreement, and sets forth the terms and conditions in connection with a dispute between you and any party other than us (the registrar) over the registration and use of an Internet domain name registered by you. Proceedings under Paragraph 4 of this Policy will be conducted according to the Rules for Uniform Domain Name Dispute Resolution Policy (the "Rules of Procedure"), which are available at http://www.icann.org/udrp/udrp-rules-24oct99.htm, and the selected administrative-dispute-resolution service provider's supplemental rules
2. Your Representations.
By applying to register a domain name, or by asking us to maintain or renew a domain name registration, you hereby represent and warrant to us that (a) the statements that you made in your Registration Agreement are complete and accurate; (b) to your knowledge, the registration of the domain name will not infringe upon or otherwise violate the rights of any third party; (c) you are not registering the domain name for an unlawful purpose; and (d) you will not knowingly use the domain name in violation of any applicable laws or regulations. It is your responsibility to determine whether your domain name registration infringes or violates someone else's rights.
3. Cancellations, Transfers, and Changes
We will cancel, transfer or otherwise make changes to domain name registrations under the following circumstances:
a. subject to the provisions of Paragraph 8, our receipt of written or appropriate electronic instructions from you or your authorized agent to take such action;
b. our receipt of an order from a court or arbitral tribunal, in each case of competent jurisdiction, requiring such action; and/or
c. our receipt of a decision of an Administrative Panel requiring such action in any administrative proceeding to which you were a party and which was conducted under this Policy or a later version of this Policy adopted by ICANN. (See Paragraph 4(i) and (k) below.) We may also cancel, transfer or otherwise make changes to a domain name registration in accordance with the terms of your Registration Agreement or other legal requirements.
4. Mandatory Administrative Proceeding.
This Paragraph sets forth the type of disputes for which you are required to submit to a mandatory administrative proceeding. These proceedings will be conducted before one of the administrative-dispute-resolution service providers listed at http://www.icann.org/udrp/approved-providers.htm (each, a "Provider").
a. Applicable Disputes
You are required to submit to a mandatory administrative proceeding in the event that a third party (a "complainant") asserts to the applicable Provider, in compliance with the Rules of Procedure, that (i) your domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; and (ii) you have no rights or legitimate interests in respect of the domain name; and (iii) your domain name has been registered and is being used in bad faith. In the administrative proceeding, the complainant must prove that each of these three elements are present.
b. Evidence of Registration and Use in Bad Faith.
For the purposes of Paragraph 4(a)(iii), the following circumstances, in particular but without limitation, if found by the Panel to be present, shall be evidence of the registration and use of a domain name in bad faith: (i) circumstances indicating that you have registered or you have acquired the domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the complainant who is the owner of the trademark or service mark or to a competitor of that complainant, for valuable consideration in excess of your documented out-of-pocket costs directly related to the domain name; or (ii) you have registered the domain name in order to prevent the owner of the trademark or service mark from reflecting the mark in a corresponding domain name, provided that you have engaged in a pattern of such conduct; or (iii) you have registered the domain name primarily for the purpose of disrupting the business of a competitor; or (iv) by using the domain name, you have intentionally attempted to attract, for commercial gain, Internet users to your web site or other online location, by creating a likelihood of confusion with the complainant's mark as to the source, sponsorship, affiliation, or endorsement of your web site or location or of a product or service on your web site or location.
c. How to Demonstrate Your Rights to and Legitimate Interests in the Domain Name in Responding to a Complaint
When you receive a complaint, you should refer to Paragraph 5 of the Rules of Procedure in determining how your response should be prepared. Any of the following circumstances, in particular but without
limitation, if found by the Panel to be proved based on its evaluation of all evidence presented, shall demonstrate your rights or legitimate interests to the domain name for purposes of Paragraph 4(a)(ii): (i) before any notice to you of the dispute, your use of, or demonstrable preparations to use, the domain name or a name corresponding to the domain name in connection with a bona fide offering of goods or services; or (ii) you (as an individual, business, or other organization) have been commonly known by the domain name, even if you have acquired no trademark or service mark rights; or (iii) you are making a legitimate noncommercial or fair use of the domain name, without intent for commercial gain to misleadingly divert consumers or to tarnish the trademark or service mark at issue
d. Selection of Provider.
The complainant shall select the Provider from among those approved by ICANN by submitting the complaint to that Provider. The selected Provider will administer the proceeding, except in cases of consolidation as described in Paragraph 4(f)
e. Initiation of Proceeding and Process and Appointment of Administrative Panel.
The Rules of Procedure state the process for initiating and conducting a proceeding and for appointing the panel that will decide the dispute (the "Administrative Panel")
f. Consolidation.
In the event of multiple disputes between you and a complainant, either you or the complainant may petition to consolidate the disputes before a single Administrative Panel. This petition shall be made to the first Administrative Panel appointed to hear a pending dispute between the parties. This Administrative Panel may consolidate before it any or all such disputes in its sole discretion, provided that the disputes being consolidated are governed by this Policy or a later version of this Policy adopted by ICANN
g. Fees.
All fees charged by a Provider in connection with any dispute before an Administrative Panel pursuant to this Policy shall be paid by the complainant, except in cases where you elect to expand the Administrative Panel from one to three panelists as provided in Paragraph 5(b)(iv) of the Rules of Procedure, in which case all fees will be split evenly by you and the complainant
h. Our Involvement in Administrative Proceedings.
We do not, and will not, participate in the administration or conduct of any proceeding before an Administrative Panel. In addition, we will not be liable as a result of any decisions rendered by the Administrative Panel
i. Remedies.
The remedies available to a complainant pursuant to any proceeding before an Administrative Panel shall be limited to requiring the cancellation of your domain name or the transfer of your domain name registration to the complainant
j. Notification and Publication.
The Provider shall notify us of any decision made by an Administrative Panel with respect to a domain name you have registered with us.
Data storage in the U.K.
Any information that Discus Group needs to store and process will be carried out on databases located in the UK in accordance with the current data protection act.
How can you update the personal information you have provided to us ?
You can help Discus Group maintain the accuracy of your information by notifying Discus Group of any changes to your address, title, phone number or e-mail address. You can do this by e-mail or post. If at any time you wish to stop receiving an electronic newsletter from DISCUS GROUP you can unsubscribe as explained in the newsletter.
A. Unless otherwise specified, the information on this web site is directed solely at those who access this web site from the UK mainland.
B. Discus Group Limited has taken every care in the preparation of the content of this web site To the extent permitted by applicable law, Discus Group Limited disclaims all warranties express or implied, as to the accuracy of the information contained in this web site
C. Discus Group Limited shall not be liable to any person for any loss or damage, which may arise from the use of any of the information contained in any of the materials in this web site
D. Certain (hypertext) links in this site will lead to web sites that are not under the control of Discus Group Limited. When you activate any of these links you will leave Discus Group Limited's web site and Discus Group Limited will accept no responsibility or liability in respect of the material on any web site that is not under the control of Discus Group Limited.
E. These exclusions of liability shall not apply to any damages arising from death or personal injury caused by the negligence of Discus Group Limited or any of its employees
These disclaimers and exclusions shall be governed by and construed in accordance with English Law. If any provision of these disclaimers and exclusions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions

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