Please read this Agreement carefully as it governs your use of our online service (your “Subscription”) and limits our liability to you. By accessing the website at www.egremontinternational.com (the “Site”) you are forming a contract and agreeing to the terms that appear below. References to “you” and “your” are to you as an individual, but if you use the Site in the course of your business, you are also agreeing to this Agreement on behalf of that business and references to “you” and “your” include your business. If you have any questions please email us at firstname.lastname@example.org.
If you do not agree to these terms, do not use the Site.
Please note that these terms and conditions may be changed by the Company at any time by an update to this posting.
1. Provision of Service
1.1. The Site is provided by EGREMONT INTERNATIONAL LIMITED, whose registered office is at Southbank House, Black Prince Road, London SE1 7SJ (the “Company” or “we”, “us” and “our”). You will receive access to the Site following completion and acceptance of your registration submission by the Company. Acceptance or rejection is at the sole discretion of the Company.
1.2. You acknowledge that you have provided the Company with accurate and complete registration information and that it is your responsibility to update the Company with any changes to that information (including your email address) by emailing [email protected]
1.3. Where you are not an individual your Subscription is for a single organisation only as included in your registration information. On registration, you will be allocated a user name, password and other logon details (“ID”). You may choose to authorise your employees (together “Users”) to use your ID whilst carrying out the business of your organisation. You are responsible for the confidentiality of the ID and all use of the Site by all such Users and anyone else using your ID and for preventing unauthorised use of your ID. You must ensure that your Users comply with the terms of this Agreement and all reasonable user terms made available on the Website.
1.4. Where you are an individual your registration is for a single user only. On registration, you will be allocated a user name, password and other logon details (“ID”). You are responsible for the confidentiality of the ID and all use of the Site using your ID and for preventing unauthorised use of your ID.
1.5. If you believe there has been any breach of security such as the disclosure, theft or unauthorised use of your ID, you must notify the Company immediately by emailing email@example.com. If the Company reasonably believes that your ID is being used in any way which is not permitted by this Agreement, the Company reserves the right to suspend access rights immediately to you and to block access from your ID until the issue has been resolved. Whilst the Company will, where possible, give prior notice of such action, this will not always be possible. The Company reserves the right to monitor and record activity on the Site including access to any material displayed on the Site.
1.6. The Company reserves the right, at its discretion, to make changes to any part of the Site as it thinks fit.
1.7. The Company reserves the absolute right and discretion to reject or remove any Users from the Site at any time.
2.1. The material displayed on the Site will include (without limitation) messages, information, data, text, software images and any other content (“Material”).
2.2. Subject as otherwise provided you may:
2.2.1. retrieve and display Material on a single computer screen or telephone; and
2.2.2. print one copy of the Material for your own personal or internal business use provided that you do not modify the same and you retain thereon all copyright and other notices;
2.3. Save as set out in clause 2.2 above you may not (without contacting us to obtain prior written permission which may be given or withheld at our sole discretion):
2.3.1. copy, reproduce, distribute, republish, download, display, post or transmit the Material in any form or by any means whether electronic, mechanical, recording or otherwise;
2.3.2. redistribute any of the Material (including by using it as part of any library, archive or similar service);
2.3.3. remove any copyright or trade mark notice from any copies of the Material made under this Agreement;
2.3.4. create a database in electronic or structured manual form by systematically downloading and storing all or any of the Material; or
2.3.5. except as expressly set out above, modify, mirror, reproduce or in any way commercially exploit any of the Material.
2.4. The trademarks, service marks, logos and other similar marks (“Trademarks”) used and displayed on this Site are the sole property of the Company (or of third parties) and you acknowledge that you may not use them without our prior written permission.
2.5. The Company specifically prohibits the use of the Company name or any other Trademark as part of a link to or from another website unless approved by them in advance in writing.
2.6. The Company aggressively enforces its intellectual property rights to the fullest extent permitted by law.
3.1. The Site to which you obtain access pursuant to this Agreement is currently provided by us free of charge but the Company does not give any warranty that it will be able to continue indefinitely to provide the Site without charge.
3.2. The Company shall be entitled at its sole discretion either to cease to provide the Site hereunder if it considers it is not financially viable to do so or to introduce a subscription fee for the Site.
3.3. The Company will notify you if it proposes to introduce a subscription fee for the Site and shall at such time offer you the opportunity to continue to use the Site at that fee. If you fail to accept the offer or if you accept it (but then fail to pay the fee) the Company may suspend your access to the Site until your subscription fee is paid.
3.4. Any changes in the Terms to apply to the Site following the introduction of the subscription fee will be notified to you by e-mail and you shall at such time be entitled either to terminate this Agreement or to continue subject to the modified Terms and payment of the subscription fee.
3.5. You are responsible for the payment of all charges associated with the use of the Site using your Username, Password or ID. Any product specific offers, conditions or terms are stated at the point of purchase for that product
4.1. The Site may include bulletin boards, discussion groups and other public areas that allow feedback to the Company and interaction between users. Where users can post communications there may be a hyperlink to terms which help control the content.
4.2. By submitting, publishing, posting or otherwise communicating information to the Company whether by use of the Site or otherwise in connection therewith (“Submissions”) you hereby grant to the Company a perpetual, royalty-free, non-exclusive, unrestricted, worldwide and irrevocable right and licence to use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform or display such Submissions, in whole or in part, in any form, media or technology known or hereafter developed for any purpose, including, but not limited to, advertising and promotional purposes as the Company shall think fit together (unless you instruct us to withhold this information) with the use of your name in connection therewith.
4.3. You hereby waive any and all claims against the Company for any alleged or actual infringements of any rights of privacy or publicity, moral rights, rights of attribution or any other intellectual property rights in connection with the Company’s use and publication of such Submissions.
4.4. This means that anything submitted by you to this Site may be used by the Company for any purpose, now or in the future, without any payment to, or further authorisation by, you.
4.5. The Company does not represent or endorse the accuracy or reliability of any Submissions displayed, uploaded, posted on any message board, or otherwise distributed through this Site by any user of this Site, information provider or any other third party. The Company expressly disclaims any and all liability related to Submissions, and you acknowledge that any reliance upon such Submissions shall be at your sole risk.
4.6. You acknowledge and accept that the security of e-mail cannot be guaranteed and you accept full risk and responsibility for the safety of any transmission of confidential information to us by e-mail.
4.7. The Company at its sole discretion reserves the right to refuse to post and the right to remove any information or Submission from this Site, in whole or in part, for any reason.
5.1. In connection with your use of the Site, you agree that you will not:
5.1.1. transmit any Material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libellous, in breach of copyright or otherwise objectionable or that may invade another’s right of privacy or publicity; or
5.1.2. impersonate any person or entity, including but not limited to, any Company employee, a forum leader, guide or host or falsely state or otherwise misrepresents your affiliation with a person or entity; or
5.1.3. do anything that would constitute or encourage conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate law; or
5.1.4. post or transmit any Material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements); or
5.1.5. post or transmit any Material that contains a virus, corrupted data or other destructive device; or
5.1.6. violate any applicable local, state, national or international law; or
5.1.7. manipulate or otherwise display the Site by using framing or similar navigational technology; or
5.1.8. use the Site for promotion or advertising of your own or any other organisation or business, its products or website whether directly or indirectly by way of linking or otherwise; or
5.1.9. register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any Company product or service if you are not expressly authorised by such party to do so; or
5.1.10. post any Material that constitutes false or misleading statements.
5.2. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the Site. You understand further that the Internet contains unedited materials some of which are sexually explicit or may be offensive to you. You access such materials at your own risk.
5.3. You assume total responsibility and risk for your use of the Site. Save as provided in Clause 6, the Company provides the Site and related information “as is” and does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the Site, any merchandise information or service provided through the Site, and the Company shall not be liable for any cost or damage arising either directly or indirectly from any such transaction.
6.1. The Company warrants that:
6.1.1. it will use all reasonable skill and care in making the Site available to you and in ensuring its availability during your Subscription;
6.1.2. it has the right to license the Material under this Agreement.
6.2. Because of the number of sources from which the Company obtains Material and because of the nature of the Internet and archived information, errors and omissions do occur and the Company does not give any other warranties in respect of the Material or the Site. In particular, you should not take the accuracy of the information for granted and the Company makes no warranty that the Site is free from infection by viruses or anything else that has contaminating or destructive properties. All implied warranties are excluded from this Agreement to the extent that they may be excluded as a matter of law.
7.1. All Material including (without limitation) marketing contact, logos, domain names, software applications, data, e-mail content and ideas displayed on the Site is the sole property of the Company or of its licensors or sponsors or other Users.
7.2. Where Material is provided by the Company’s licensors, sponsors or other users it may be subject to additional restrictions and any copyright notice will make it clear where that is the case.
7.3. Copyright in any software that is made available for download for the participation in the Site (“Software”) belongs to the Company or its suppliers. Your use of the Software is governed by the terms of any licence agreement that may accompany or be included with the Software. In any event you shall have no right to use the same other than in accordance with these Terms and the Software terms communicated as above. In no event shall you copy, reverse engineer, modify or otherwise deal with such software.
8.1. The Company will use its reasonable endeavours to remedy any faults in the Site during the Subscription.
8.2. If the Company is in breach of its obligations under this Agreement, you agree that your only remedy for damages or otherwise shall be limited to an amount equivalent (where appropriate) to the Subscription Fee paid or payable in relation to your use for the relevant year of the Site. Where you are paying no fee your only remedy will be to terminate your use of the Site.
8.3. For the avoidance of doubt, the Company will not be liable for any business losses such as lost data, lost profits or business interruption arising from your use or inability to use the Site or from any action taken (or refrained from being taken) as a result of using the Site.
8.4. Notwithstanding the above provisions of this clause 8, the Company’s liability will not be limited in the case of the Company’s fraud or for death or personal injury caused by the Company’s negligence.
10.1. The Site contains links to other web sites and resources, either directly or through frames, links or pointers. Where possible, the Company will make clear where such links are being made. Independent third parties provide these sites and the Company is not responsible and shall not be liable for the availability or content of these outside resources. The links are provided for your convenience only and you assume sole liability for your use of the same.
10.2. The Company makes no claims or warranties relating to advertising banners displayed on the Site. The presence of any advert or link on the Site is not an endorsement of the goods, service or the website and the Company accepts no liability for your decisions relating thereto.
11.1. All notices shall be given to the Company via email at firstname.lastname@example.org or by post at Southbank House, Black Prince Road, London SE1 7SJ; or to you at either the email address you provided during registration or any ordering process.
11.2. Notice will be deemed received when an email is received (or else on the next business day if it is received on a weekend or a pub¬lic holiday in the place of receipt) or 3 days after the date of posting.
12.1. Without prejudice to the generality of the other terms of this Agreement, this Agreement and your access to the Site may be terminated without liability by the Company by giving not less than 30 days prior notice.
12.2. If we believe you are in breach of any term of this Agreement we may suspend your access to the Site at any time without liability.
12.3. You may terminate this Agreement at any time by giving us prior written notice
12.4. On termination of this Agreement for any reason you shall cease the use of the Site and of any Material or copies thereof.
13.1. We may transfer and/or assign our rights and/or our obligations under this Agreement. This will not affect your rights under this Agreement. You may not transfer any of your rights or obligations under this Agreement.
13.2. Nothing in this Agreement shall confer your rights on any other person.
13.3. If you breach this Agreement and we ignore this, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach this agreement.
13.4. This Agreement, together with the any additional terms on the Site, represents the entire terms agreed between the parties in relation to its subject matter and may be amended only by our agreement in writing.
13.5. This Agreement shall be governed by English law.
13.6. We will try to resolve any disagreements quickly and efficiently. If you want to take court proceedings in relation to this Agreement you must do so in the United Kingdom.
The Company and third party providers will not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of Material resulting directly or indirectly from any cause or circumstance beyond its or their reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorised access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labour problems, wars, or governmental restrictions.
15.1. The Company may, at its discretion, change these Terms by giving you written notice by e-mail whereupon you shall have the right either to continue to access with the Site on the new Terms or to terminate this Agreement.
15.2. If at any time you, or your organisation, have a complaint or comment to make about the material featured within the Site they should contact the administrator of the Site using the details in the Contact Us section of the Site.
The Company collects the contact details of you and your business provided by you on registration. We may collect additional information in connection with your participation in any promotions or competitions offered by us and information you provide when giving us feedback. We also monitor user traffic patterns and site use which enables us to improve the service we provide.
We will use your information to provide and personalise our service. We will also use your contact details to communicate with you. We may also use your information to send you offers and news from the Company or those of other carefully selected companies which we think may be of interest to you. We may contact you by post, email, telephone or fax for these purposes.
You may withdraw your details from these communications at any time. For email communication, simply exercise the ‘unsubscribe’ option which we offer on all electronic communications. For postal, telephone and/or fax communications, simply email us at email@example.com, stating your name, company details and any exclusions (e.g.: do not telephone) and we will remove you from the relevant lists.
Please note that there may be instances where it is necessary for us to communicate with you, regardless of your preferences, for administrative or operational reasons relating to our service.
Your information may be passed to and used by the Company. We will never pass your details on to anyone outside the Company, except to any successors in title to our business or suppliers that process data under licence on our behalf in the UK. We may, however, use and disclose information in aggregate (so that no individual users are identified) for marketing and development purposes.
You have a right to access the details that are held about you. To obtain a copy of the information the Company holds about you, please write to us at the following address: Southbank House, Black Prince Road, London SE1 7SJ enclosing your postal details.