EJS Business Solutions Terms & Conditions
Please read this agreement carefully! This is a binding contract
Terms & Conditions – Agreement
This Agreement describes the terms and conditions applicable to your use of the EJS Business Solutions website, which features tools for trading and communicating in a business to business e-market (the “Service”).
The copyright in the material contained on, in, or available through this Website or any other EJS Business Solutions or Server excluding the Content (as defined in paragraph 3) but including all other information, data, text, music, sound, photographs, graphics, video messages or other materials and the selection and arrangement thereof, and all source code, software compilations and other material (“Material”) is owned by or licensed to EJS Business Solutions or its group companies. All rights are reserved. You do not have any right, interest or title in or to the Material unless otherwise expressly indicated.
The trademarks, service marks, and logos (“Trade Marks”) contained on or in this Website or any other EJS Business Solutions or Server are registered and owned by or licensed to EJS Business Solutions or its group companies. Save as expressly stated, you do not have any right to use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the Trade Marks without the prior written consent of EJS Business Solutions or the relevant group company. You are permitted to print or download extracts of the Material for your personal use only provided that each copy contains a notice that the Material is owned by or licensed to EJS Business Solutions or its group companies. None of the Material may be used for any commercial or public use. Save as expressly stated or as necessary to view, print or download extracts of the Material for personal use, none of the Material may be copied, edited, varied, reproduced, published, displayed, distributed, stored, transmitted, commercially exploited or disseminated in any form whatsoever without the prior written consent of EJS Business Solutions or the relevant group company.
CONTENT SUBMITTED TO THE WEBSITE:
Information, data, text, music, software, sound, photographs, graphics, video, messages or other materials may be posted or uploaded (in public or privately) on to designated areas of certain of the EJS Business Solutions. Any information, data, text, music, software, sound, photographs, graphics, video, messages or other materials which are posted or uploaded on to any EJS Business Solutions or Server or otherwise transmitted through this Website or any other EJS Business Solutions or Server by any visitor to this Website is referred to as “Content”. EJS Business Solutions does not control the Content and, as such, is not responsible for it in any way whatsoever. In particular, EJS Business Solutions does not guarantee the accuracy, integrity or quality of such Content. EJS Business Solutions shall have the right (but not the obligation) in its sole discretion to delete, edit, lock, move or remove any Content without notice. Without limiting the foregoing, EJS Business Solutions shall have the right without notice to record the IP address from which any Content is posted or uploaded to or otherwise transmitted through any EJS Business Solutions or Server and to lock or remove any Content which violates these Terms and Conditions or is or may be irrelevant, out of date, inappropriate or objectionable in any way whatsoever or in respect of which EJS Business Solutions receives any complaint (whether valid, justified or not).
If you upload, post or otherwise transmit any Content to a public part of any EJS Business Solutions or Server (including, without limitation, if you post a message to a bulletin board or chat forum, upload files, input data, or engage in any other form of communication through any EJS Business Solutions) you are wholly responsible for it. You hereby: (a) grant EJS Business Solutions and its group companies an irrevocable, perpetual, royaltyfree right to use, distribute, copy, edit, adapt, license, distribute, transmit, publish, publicly perform or display any such Content in any form or medium anywhere in the World; and (b) irrevocably and unconditionally waive any moral rights or similar rights you have in any Content pursuant to the Copyright, Designs and Patents Act 1988 (as amended, superseded or replaced from time to time) (the “Act”) or equivalent legislation anywhere in the World.
THIRD PARTY PRODUCTS, SERVICES AND DOWNLOADS:
This Website and other EJS Business Solutions or Servers may feature products and services of third parties (“Products and Services”) or contain links to websites operated by third parties (“Third Party Websites”). EJS Business Solutions does not have any influence or control over any such Products or Services or any Third Party Website. Unless otherwise stated, EJS Business Solutions is not responsible for and does not endorse any Products or Services or any Third Party Website, or its availability or contents. EJS Business Solutions is not responsible for any agreement or understanding you enter into with a third party through a Third Party Website and/or in relation to any Products or Services. From time to time, EJS Business Solutions may receive a fee and/or commission from a third party product or service provider if EJS Business Solutions features a Product or Service on an EJS Business Solutions or if you link to a Third Party Website from an EJS Business Solutions and purchase Products or Services from them.
You acknowledge and agree in relation to any downloads which are accessed on or via an EJS Business Solutions (“Download”) that (i) you have a right of license to such Download, you do not own any intellectual property rights in such Download and your use of such Download may be subject to an applicable end user license agreement; (ii) you are not permitted to modify, copy, commercially exploit, resell or otherwise use a Download in any way which is contrary to applicable laws or regulations. Y our attention is drawn to section 7 of these Terms and Conditions, which you should read carefully before commencing any Downloads.
DISCLAIMER / LIABILITY
This Website, any other EJS Business Solutions and their facilities, Third Party Websites, links to the Third Party Websites, and any Material and Content are provided on an ‘asis’ and ‘as available’ basis and use is at your own risk. To the maximum extent permitted by law: (a) EJS Business Solutions disclaims all liability whatsoever, whether arising in contract, tort (including negligence) or otherwise in relation to this Website, any otherEJS Business Solutions, Third Party Websites, links to Third Party Websites, Material, and Content; and (b) all implied warranties, terms and conditions relating to this Website, any other EJS Business Solutions, Third Party Websites, links to Third Party Websites, Material and Content (whether implied by statute, common law or otherwise), including (without limitation) any warranty, term or condition as to accuracy, completeness, satisfactory quality, performance, merchantability, fitness for purpose or any special purpose, noninfringement and title are, as between EJS Business Solutions and you, hereby excluded. EJS Business Solutions makes no representation or warranty that this Website, any other EJS Business Solutions or Server, and/or any Third Party Websites will be continuous, uninterrupted, secure or errorfree. EJS Business Solutions will not be liable, in contract, tort (including, without limitation, negligence), under statute or otherwise, as a result of or in connection with this Website, any other EJS Business Solutions, any Third Party Websites, links to Third Party Websites, the Material, Content, Downloads or any products or services offered on or through this Website or any other EJS Business Solutions or Third Party Website, whether by EJS Business Solutions or on its behalf, for any: (a) economic loss (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or (b) loss of goodwill or reputation; or (c) special or indirect or consequential loss.
If EJS Business Solutions is liable to you directly or indirectly in relation to this Website, any other EJS Business Solutions, any Third Party Websites, links to Third Party Websites, the Material, Content, Downloads or any products or services offered on or through this Website or any other EJS Business Solutions or Third Party Website, that liability (howsoever arising) shall be limited to the sums paid by you in consideration for EJS Business Solutions granting you membership to this Website or any other EJS Business Solutions. Nothing in these Terms and Conditions shall be construed as excluding or limiting the liability of EJS Business Solutions or its group companies for death or personal injury caused by its negligence or for any other liability which cannot be excluded by English law. EJS Business Solutions makes no representation that material contained on this Website is appropriate or available for use in other locations. Those who choose to access this Website or any EJS Business Solutions from other locations do so on their own initiative and are responsible for compliance with local laws if and to the extent local laws are applicable. Some jurisdictions do not allow the exclusion of implied warranties or limitation on applicable statutory rights of a consumer, so the exclusions and limitations in this section 7 may not apply to you in whole or part.