IMPORTANT LEGAL NOTICE

Nothing in this legal notice affects your statutory rights

 

ATTENTION:   This legal notice applies to the entire content of the Website under the domain name   https://edvplus.im-serv.com.  Please read this legal notice carefully before using the Website.  Using the Website indicates that you accept the terms and conditions in this legal notice regardless of whether or not you choose to register with us.  If you do not accept the terms and conditions in this legal notice, do not use the Website.  This legal notice is issued by IMServ Europe Limited ("Company" or "We/Us/Our".)

 

1           THE WEBSITE AND OTHER APPLICABLE TERMS

1.1       This legal notice refers to the following additional terms, which also apply to your use of the Website:

Our Privacy Policy ( http://imserv.com/Policies/privacy-policy ) sets out the terms on which we process personal data we collect from you.  By using our Website you consent to such processing.

Our Cookie Policy ( http://imserv.com/Policies/cookie-policy ) sets out information about the cookies used on the Website.

1.2       The Company may revise this legal notice at any time by updating this posting.  You should check this legal notice each time you log in, because it is binding on you.  Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at the Website.

2           INFORMATION ABOUT US

2.1       The Website is operated by IMServ Europe Limited (Company Number 2749624).  Our main trading address is Cygnus, Sunrise Parkway, Linford Wood, Milton Keynes, MK14 6LS. 

3           LICENCE

3.1       You are granted a non-exclusive, non-transferable, limited licence to access the Website and print and download extracts (including, without limitation, data and reports) from the Website for your own use, within your business or organisation, and for no other commercial purposes subject to terms and conditions of this legal notice.

3.2       In relation to your use of the Website and any extracts (including, without limitation, data and reports) of the Website you agree that:

 a)        no documents or related graphics on the Website, or retrieved from the Website, are modified in any way;

 b)       no graphics on the Website are used separately from the corresponding text; and

 c)       the Company’s copyright and trade mark notices appear on all copies of any documents, extracts or reports made. 

 

3.3       Unless otherwise stated, the copyright and other intellectual property rights in the Website and in all material on the Website (including, without limitation, photographs, graphical images, reports and any calculations) are owned by the Company or its licensors.  For the purposes of this legal notice, any use of extracts (including, without limitation, any reports) from the Website other than in accordance with the terms and conditions in this legal notice is prohibited.  If you breach any of the terms and conditions in this legal notice, your permission to use the Website and your access to the Website will automatically terminate and you must immediately destroy any downloaded or printed extracts from the Website.

3.4        Subject to clause 3.1 and 3.2, no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without the Company's prior written permission.

3.5       Any rights not expressly granted in these terms are reserved. 

4           ACCESS TO THE WEBSITE

4.1       To enable you to access the Website, you will be provided with a username and password which are for a single user only.

  4.2       Any username and password issued by us (or any other entity who is entitled by us to issue a username or password) to you is personal and confidential to you.

4.3       We do not permit you to share your username or password with any other person.  Responsibility for the security of any passwords issued rests with you.  If we suspect that any username or password is being used by an unauthorised user or a different authorised user than the person to whom it was issued, that username and password may be cancelled and your right to access the Website terminated.

4.4       We may require you to change your password from time to time and shall notify you accordingly. 

4.5       While the Company endeavours to ensure that the Website is normally available 24 hours a day, the Company shall not be liable to you if for any reason the Website is unavailable at any time or for any period. 

4.6       Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control. 

4.7       We may update our Website from time to time, and may change the content at any time.   The materials on the Website may be out of date and we make no commitment to update such material.

5           VISITOR MATERIAL AND CONDUCT

5.1       Other than personally identifiable information, which is covered under our Privacy Policy below, any material you transmit or post to the Website shall be considered non-confidential and non-proprietary.  We shall have no obligations with respect to such material.  We and our designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

5.2       You may only use the Website for lawful purposes.  You may not use our Website in any manner which infringes any law or regulation or the rights of any third party, nor will you authorise any other person to do so.

5.3      You are prohibited from posting, uploading or transmitting to or from the Website any material and/or content:

a)       that, in the opinion  of us, is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy, fraudulent or which may cause annoyance or inconvenience; or

b)       that you do not own the copyright for or for which you have not obtained all necessary licences and/or approvals (including, but not limited to;  music files, mp3’s, video files, movies, games, (including mods, patches and add-ons) software and shareware); or

c)        which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary any applicable local, national or international law or regulation; or

d)       which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious code or harmful data).

5.4      You must not:

a)       misuse the Website (including, without limitation, by hacking) by employing programmes that consume excessive system resources, including, but not limited to, processor cycles and memory;

b)       interfere with, damage or disrupt:

i )        any part of our Website;

ii)       any equipment or network on which the Website is stored;

iii)      any software used in the provision of the Website; or

iv)      any equipment or network or software owned or used by any third party,

c)       use the website for sending unsolicited, commercial e-mailing (SPAM).

5.5      You should note that, where requested, we will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of the terms and conditions in this legal notice.

5.6       We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Website constitutes a violation of their intellectual property rights, or of their right to privacy.

5.7       We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our Website.

5.8       We have the right to remove any posting you make on our Website if, in our opinion, your post does not comply with the standards set out in this clause 5.

5.9      The views expressed by other users on our Website do not represent our views or values.

5.10      Whilst you have the potential to schedule an unlimited amount of reports using the functionality on the Website, a fair usage policy applies:

a)       We reserve the right to re-schedule or amend your reporting schedules if the impact on the system is likely to cause service disruption to other users of the Website.

b)        Re-scheduling or amendment of reporting schedules may take place outside of normal working hours and without warning to you to ensure the performance of the system is maintained.

6           VIRUSES AND SOFTWARE

6.1       We do not guarantee that our Website will be secure or free from bugs or viruses.

6.2       You are responsible for configuring your information technology, computer programmes and platform in order to access the Website.  In particular, in order to use the Website you will need an internet browser version equal to or no later than Firefox 4.0.1 and Internet Explorer 7. You should use your own virus protection software.

7           LINKS TO AND FROM OTHER WEBSITES

Links to third party websites on the Website are provided solely for your convenience.  If you use these links, you leave the Website.  We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability.  We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them.  If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.

8           LIMITATION OF OUR LIABILITY

8.1       Nothing in this legal notice shall exclude or limit our liability for:

a)       death or personal injury caused by our negligence;

b)       fraud or fraudulent misrepresentation; or

c)       any liability which cannot be excluded or limited under law.

8.2       While the Company endeavours to ensure that the information on the Website is correct, the Company does not warrant the accuracy and completeness of the material on the Website and we do not warrant that use by you of the Website will provide any particular result.

8.3       Where information displayed on the Website is generated as a result of information provided by you, we have no liability for the accuracy, completeness or otherwise of such information.  It is your responsibility to notify us if any of your information changes.

8.4       The material on the Website is provided "as is" and on an "as available" basis, without any conditions, warranties or other terms of any kind, including without limitation, that the Website and the materials on the Website are or will be free from errors or that the material will continue to be available to us.  Accordingly, to the maximum extent permitted by law, we provide you with the Website on the basis that we exclude all representations, warranties, conditions and other terms implied by statute or common law from this legal notice.

8.5       We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence) or otherwise arising under or in connection with:

a)       use of, or inability to use, our Website; or

 b)       use of or reliance on any content displayed on our Website,

and we will not be liable to any user, whether in contract, tort (including negligence) or otherwise for:

i )         loss of profits, sales, business or revenue;

ii)        business interruption;

iii)       loss of anticipated savings;

iv)       loss of business opportunity, goodwill or reputation;

v)        any indirect or consequential loss or damage; or

vi)    loss or corruption of data or damage due to viruses that may inject your computer equipment and/or software on account of your use of the Website or your downloading of any material from the Website or any websites linked to the Website.

9           TERMINATION

9.1       We may suspend or discontinue your access to the Website, temporarily, at any time, without notice. 

9.2      We may immediately terminate your access to the Website, without notice, if for any reason, you no longer receive the services to which the Website relates.

9.3      We may immediately suspend or terminate your access to the Website, without notice, if you fail to comply with any of your obligations under this legal notice. 

9.4      In the event that we terminate your access to the Website in accordance with clause 9.2 or clause 9.3 above, all licences granted under this legal notice shall immediately terminate. 

10           DEMONSTRATION VERSION

10.1       This clause 10 only applies if the Company has agreed in writing to provide you with a demonstration version of the Website ( “Demo Version” ).

10.2       The purpose of providing you with a Demo Version is merely to demonstrate the functionality of the Website and for no other purpose.  You shall:

10.2.1   not use the Demo Version for anything other than demonstration purposes (to  have a hands-on demonstration of the Website);

10.2.2   use the Demo Version in accordance with this legal notice;

10.2.3   keep the details of any data provided for demonstration purposes confidential;

10.2.4   not make copies of the Demo Version (or any part thereof), including any information or data available on the Demo Version (in whole or part);

10.2.5    not copy, adapt, modify or translate the Demo Version (in whole or in part), without Our prior written consent;

10.2.6   not translate, disassemble, decompile, reverse engineer, adapt, vary or modify the   Demo Version without Our prior written consent;

10.2.7    not delete, vary or obscure any copyright or other proprietary notices on or in the   Demo Version;

10.2.8   not rent, lease, sub-licence, assign, transfer or distribute the Demo Version or its contents, or your right to use it;

10.2.9   not use the Demo Version for sending unsolicited, commercial e-mailing (“SPAM”) or for any illegal access to other computers or networks (“hacking”), distributing internet viruses or similar destructive activities, any illegal activity and any other activity that We, in Our absolute and reasonable opinion, deem to be harmful;

10.3       You undertake, for the duration of your access to the Demo Version, to:

a)       keep access to the Demo Version,  its content and any passwords under Your effective control and shall maintain adequate security measures to protect the Demo Version its content and any passwords from access or use by any unauthorised person: and

b)       comply with all instructions provided by Us to you,

10.4       You grant Us a non-exclusive, worldwide, and royalty-free licence to edit, modify, adapt, translate, exhibit, publish, transmit, participate in the transfer of, reproduce, create derivative works from, distribute, perform, display, and otherwise use any data or anything which you input into the Demo Version as necessary for the purposes of rendering and operating the Website services to you.

10.5       The Demo Version is provided to you without charge and will be provided to you for the period of two weeks or for a period of time as agreed by Us in writing.

10.6        We cannot guarantee access to the Demo Version and We reserve the right to withdraw use of the Demo Version from you at any time without any prior notice and without incurring any liability to you.

10.7       The Demo Version is provided to  you on an “as is” basis and all warranties, representations, conditions and all other terms of any kind whether such terms are implied by statute or common law are, to the fullest extent permitted by law, excluded.

10.8       You accept full responsibility for the data you input into the Demo Version and no outcome or result of such inputting is guaranteed or warranted.

10.9       In the event of termination of your access to the Demo Version you must immediately stop using the Demo Version.

11          GENERAL PROVISIONS

11.1       All notices and other communications to you under this legal notice shall be in writing and delivered by post to you or displayed in writing electronically on the Website.

11.2       Such notices to you shall be deemed to have been properly given on the date first made available, as displayed on the Website, or 2 days after posting, if delivered by post.

11.3        Notices to Us should be sent to Cygnus, Sunrise Parkway, Linford Wood, Milton Keynes, MK14 6LS.

11.4       If any provision (or part of a provision) of this legal notice is found by any Court or administrative body of competent jurisdiction to be, invalid, unenforceable or illegal, the other provisions shall remain in force.

11.5       If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the provision.

 

11.6       Failure of Us to enforce any provision of this legal notice shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.

11.7       You may not assign your rights or delegate your duties under this legal notice to any third party.

11.8       This legal notice shall be governed by and construed in accordance with English law.  Disputes arising out of or in connection with this legal notice shall be subject to the non-exclusive jurisdiction of the English courts.