in this legal notice affects your statutory rights
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
legal notice refers to the following additional terms, which also apply to your
use of the Website:
out the terms on which we process personal data we collect from you. By
using our Website you consent to such processing.
out information about the cookies used on the Website.
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Certain provisions of this legal notice may be superseded by expressly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.
INFORMATION ABOUT US
Website is operated by IMServ Europe Limited (Company Number 2749624). Our main trading address is Cygnus, Sunrise
Parkway, Linford Wood, Milton Keynes, MK14 6LS.
3.1 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.
relation to your use of the Website and any extracts (including, without
limitation, data and reports) of the Website you agree that:
or related graphics on the Website, or retrieved from the Website, are modified
in any way;
no graphics on
the Website are used separately from the corresponding text; and
copyright and trade mark notices appear on all copies of any documents, extracts
or reports made.
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.
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.
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.
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
4.4 We may
require you to change your password from time to time and shall notify you
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
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
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
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
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
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;
interfere with, damage or disrupt:
any part of our
any equipment or network on which the
Website is stored;
any software used in the provision of
the Website; or
any equipment or network or software
owned or used by any third party,
use the website for sending unsolicited, commercial e-mailing
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.
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.
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
in this legal notice shall exclude or limit our liability for:
death or personal injury caused by our negligence;
fraud or fraudulent misrepresentation; or
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.
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.
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:
use of, or inability to use, our Website; or
use of or
reliance on any content displayed on our Website,
we will not be
liable to any user, whether in contract, tort (including negligence) or
profits, sales, business or revenue;
loss of anticipated savings;
loss of business opportunity, goodwill or reputation;
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
9.1 We may
suspend or discontinue your access to the Website, temporarily, at any time,
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
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
10 DEMONSTRATION VERSION
clause 10 only applies if the Company has agreed in writing to provide you with
a demonstration version of the Website ( “Demo
purpose of providing you with a Demo Version is merely to demonstrate the
functionality of the Website and for no other purpose. You shall:
not use the Demo Version for anything other than
demonstration purposes (to have a
hands-on demonstration of the Website);
use the Demo Version in accordance with this legal notice;
keep the details of any data provided for demonstration
not make copies of the Demo Version (or any part thereof),
including any information or data available on the Demo Version (in whole or
not copy, adapt, modify or translate the Demo Version (in
whole or in part), without Our prior written consent;
not translate, disassemble, decompile, reverse engineer,
adapt, vary or modify the Demo Version
without Our prior written consent;
not delete, vary or
obscure any copyright or other proprietary notices on or in the Demo Version;
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
undertake, for the duration of your access to the Demo Version, to:
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
comply with all instructions provided by Us to 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
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
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.
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.
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
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.
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
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
11.7 You may
not assign your rights or delegate your duties under this legal notice to any
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.