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Legal Notice
Terms and Conditions
The following terms and conditions ("Terms and
Conditions") set out the rules for how e-Warehouse Ltd run the Web
Site. By accessing this page and using the Web Site you acknowledge
that you have read, understood and agree to be bound by and comply
with the Terms and Conditions.
We reserve the right to change these Terms and
Conditions at any time without notice by posting changes on the Web
Site. It is your responsibility to familiarise yourself with the Terms
and Conditions regularly to ensure that you read any changes. Your
continued use of the Web Site after a change has been posted will
signify your acceptance of the modified Terms and Conditions.
If you do not agree with the Terms and Conditions please do not use this Web Site.
1. USE OF THE WEB SITE
e-Warehouse Ltd, the e-Warehouse Ltd logo, Oxygen Help Desk Software, Oxygen Service Desk Software, the Oxygen logo and other
e-Warehouse Ltd products referenced in the Web Site are trademarks of
e-Warehouse Ltd, and may be registered in certain jurisdictions.
All other product names, company names, marks, logos,
and symbols ("Third Party Logos") may be the trademarks of third
parties.
All materials provided on this Web Site, including but
not limited to information, documents, products, e-Warehouse Ltd
Logos, Third Party Logos, logos, graphics, texts, text files, video
files, sounds, images, software, and services ("Materials"), are owned
either by e-Warehouse Ltd or by third parties ("Third Party
Providers").
All rights are reserved. Please do not use the Web
Site in any way that may infringe the Intellectual Property Rights in
the Materials. ("Intellectual Property Rights" means copyright and all
other intellectual property rights whether or not registered including
patents, trade marks, service marks, trade names, design rights,
rights in any format or presentation (including its look, feel, visual
or other non-literal elements), any applications for the protection
or registration of these rights and all renewals and extensions of
them throughout the world).
This means that none of the Materials or any part of
this Web Site may be adapted, copied, extracted, reutilised,
reproduced, broadcast, distributed, republished, downloaded,
displayed, posted, transmitted, or retransmitted in any form or by any
means, including but not limited to electronically, mechanically by
photocopying or by recording without the prior express written
permission of e-Warehouse Ltd or the appropriate Third Party Provider.
Also, you may not reproduce or copy any part of this
Web Site onto any other server without e-Warehouse Ltd's prior
express written permission. Except where expressly provided otherwise
by e-Warehouse Ltd, nothing on this Web Site shall be construed to
confer any license of e-Warehouse Ltd's or any Third Party Provider's
Intellectual Property Rights, and you acknowledge sole responsibility
for obtaining any such licenses.
e-Warehouse Ltd does not provide, sell, license, or
lease any of the Materials other than those specifically identified as
being provided by e-Warehouse Ltd. Materials provided by Third Party
Providers have not been independently reviewed, tested, certified, or
authenticated in whole or in part by e-Warehouse Ltd. This Web Site is
designed to provide information only, and is not designed to carry out
any commercial transactions.
2. LINKS TO THIRD PARTY WEB SITES
This Web Site may contain links to web sites controlled by parties other than e-Warehouse Ltd.
e-Warehouse Ltd is not responsible for, does not
control, does not endorse or accept any responsibility for the content
or appropriateness of the content of, or use of these third party web
sites.
e-Warehouse Ltd cannot be held responsible for such
content, or from any detrimental impact which you may suffer, or for
any processing errors or viruses that may arise from access to such
third party web sites.
e-Warehouse Ltd is providing these links to you only
as a convenience, and the inclusion of any link does not imply
endorsement by e-Warehouse Ltd of the linked web site.
Use of third party web sites by you is done so
entirely at your own risk and it is your responsibility to take
precautions to ensure that whatever you select for your use is free of
viruses or other items of a destructive nature. These Terms and
Conditions do not apply to any third party web site linked to the Web
Site or any other e-Warehouse Ltd web sites.
You should read and accept the terms and conditions
of those web sites before using them and direct any questions or
comments about the linked web site's contents to the relevant web site
provider.
3. RESTRICTION OF SOFTWARE USE
Any software that may be made available to download
from this Web Site ("Software") is owned by e-Warehouse Ltd or Third
Party Providers. Use of the Software is governed by the terms of the
end user license agreement that accompanies or is included with the
Software ("License Agreement"). An end user agrees to the License
Agreement terms by installing, copying, or using the Software. The
Software is made available for downloading solely for use by end users
according to the License Agreement. Without limiting the foregoing,
the copying or reproduction of the Software to any other server or
location for further reproduction or redistribution is expressly
prohibited. Any reproduction or redistribution of the Software not in
accordance with the License Agreement is expressly prohibited.
The Software is warranted, if at all, only according
to the terms of the License Agreement. Except as may be expressly
warranted in the License Agreement, e-Warehouse Ltd shall have no
other liability whatsoever whether in contract, tort or otherwise as
regards the quality or fitness for purpose of the Software and all
other representations, conditions, warranties and terms in respect
thereof whether express or implied, statutory or otherwise are
excluded save to the extent that the same are not capable of exclusion
at law.
4. OFFENSIVE MATERIAL
Where you are given the facility to enter
information onto (or communicate via) the Web Site, e-Warehouse Ltd
ask you to conduct yourself in a lawful and civil manner. You agree to
use the Web Site for lawful purposes only and that you may not use or
allow others to use the Web Site to:
4.1 store, reproduce, transmit,
communicate or knowingly receive any material which is offensive,
racist, abusive, indecent, defamatory, obscene or menacing;
4.2 post or transmit any material
that you do not have worldwide copyright ownership or full permission
from the copyright owner or similar;
4.3 post, transmit or link to any sexually explicit material;
4.4 impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with anyone or any entity;
4.5 post or transmit statements that are intentionally false or misleading;
4.6 post or transmit any advertising, promotional materials or other forms of solicitation;
4.7 collect or store any personal information about an individual;
4.8 enter into personal correspondence with any individual with the purpose of offering them a service or product; or
4.9 post or transmit any material
which suggests or encourages illegal activities. e-Warehouse Ltd may
remove any material submitted to the Web Site in our sole discretion,
or when requested to do so by any person, that we believe infringes
these Terms and Conditions. As a user of the Web Site you will
indemnify and hold e-Warehouse Ltd harmless against all costs, claims,
liability, expenses (including legal expenses) damages and losses
incurred by e-Warehouse Ltd as a result of your infringement of this
clause whether arising under contract, tort, statute or otherwise.
5. DISCLAIMER
Except where expressly provided otherwise by
e-Warehouse Ltd, the Materials on this Web Site are provided "as is",
are experimental, and are for non-commercial use only. e-Warehouse Ltd
cannot be held responsible for any damage that results from the use of
the information provided on the Web Site, and shall have no liability
whatsoever whether in contract, tort or otherwise as regards the
quality or fitness for purpose of the Materials or any Software, the
accuracy, completeness, or truth of any of the information contained
in the Web Site or for any reliance placed by any person on the
information in the Web Site, and all other representations,
guaranties, conditions, warranties and terms in respect thereof whether
express or implied, statutory or otherwise are hereby excluded save to
the extent that the same are not capable of exclusion at law.
6. LIMITATION OF LIABILITY
e-Warehouse Ltd shall not be liable for any damages
suffered as a result of using, modifying, contributing, printing,
copying, distributing, or downloading the Materials. You have sole
responsibility for the adequate protection and backup of data and/or
equipment used in connection with the Web Site and you will not make a
claim against e-Warehouse Ltd for lost data, re-run time, inaccurate
output, work delays, or lost profits resulting from the use of the
materials. Save in respect of death, personal injury or fraud,
e-Warehouse Ltd shall not be liable to you for any of the following
(whether or not you were advised of, or knew of, the possibility of
such losses) whether arising from any claim under any tort including
negligence, for breach of contract, for misrepresentation (other than
fraudulent misrepresentation), intellectual property infringement, under
any statute or otherwise arising out of or in connection with the use
of the Web Site including without limitation:
6.1 any indirect, special or consequential losses;
6.2 any loss of business, data, profits, revenue, goodwill, use, or anticipated savings;
6.3 any damage suffered by you as a
result of an action brought by a third party arising from any use, or
inability to use, any Material; or
6.4 loss or damage to you, or any third party's, data or records.
7. LOCAL LAWS
e-Warehouse Ltd controls and operates this Web Site
from its headquarters in the UK, and makes no representation that
these Materials are appropriate or available for use in other
locations although it takes reasonable steps to ensure it is appropriate
for countries in which e-Warehouse Ltd has a legal presence. Our
Privacy Policy contains further information relating to this. If you
use this Web Site from locations outside the UK you are responsible
for compliance with applicable local laws including but not limited to
the export and import regulations of other countries.
Unless otherwise explicitly stated, all marketing or
promotional materials found on this Web Site are solely directed to
individuals, companies or other entities located in the UK.
You acknowledge and agree that the use of this Web
Site and the use of the Materials are subject to UK laws and
regulations.
8. GENERAL
This Web Site may include inaccuracies or
typographical errors and e-Warehouse Ltd do not give any warranty that
the Web Site will be available at all times or will be free from
interruption or error. e-Warehouse Ltd and the Third Party Providers may
make improvements and/or changes in the products, services, programs,
and prices described in this Web Site at any time without notice.
These Terms and Conditions will be governed by and construed in
accordance with the laws of England. Disputes arising in relation to
the same shall be subject to the exclusive jurisdiction of the courts
of England. These Terms and Conditions represent the entire
understanding relating to the use of the Web Site and supersede all
other statements, representations or warranties (whether written,
e-mail or oral) made by e-Warehouse Ltd. Nothing in these Terms and
Conditions shall affect the liability of either party in respect of
any misrepresentation, warranty or condition that it makes
fraudulently.
Any rights not expressly granted in these Terms and Conditions are reserved by e-Warehouse Ltd.
9. e-Warehouse Ltd PRIVACY POLICY
e-Warehouse Ltd is committed to protecting your
privacy. This statement sets out how we will treat your personal
information ("Personal Information") when you visit the e-Warehouse
Ltd Web Site ("Web Site").
9.1 Collection and Use of Personal Information
You may visit the Web Site to view the information held there and,
whilst doing so, you may remain anonymous. Although you do not give
any Personal Information whilst remaining anonymous, e-Warehouse Ltd may
record the type of browser and the operating system that you use to
access the Web Site, any pages accessed during your visit and the
number of visits you make to the Web Site. e-Warehouse Ltd do this to
ensure that the Web Site provides relevant information and to improve
the overall quality of its services. Personal Information will only be
collected with your consent. Examples of Personal Information include
your address, e-mail address, telephone number, and country of
residence e-Warehouse Ltd may use your Personal Information from time
to time to advise you of any new products or services which are
available on the Web Site or otherwise from e-Warehouse Ltd. If you do
not wish to receive any marketing information about such services you
may request that your details are excluded from any promotional
activity by clicking in the box provided.
9.2 Cookies Cookies are small files
of information which are stored on your PC's hard drive ("Cookies").
Cookies do not contain any Personal Information about you but allow
our web server to recognise you when you visit the Web Site. However,
if you do not wish us to use this information you may set up your
website browser to reject Cookies.
9.3 Data Protection e-Warehouse Ltd are registered under, and your Personal Information is protected by, the Data Protection Act 1998 ("Act").
Under the Act e-Warehouse Ltd is legally obliged to
process your Personal Information lawfully and fairly and in such a
way that it is kept secure. You may request a copy of any of your
Personal Information that we hold by contacting us at info@e-Warehouse.com
and paying the requisite fee prescribed under the Act. Additionally,
you may require e-Warehouse Ltd to correct any mistakes in any of your
Personal Information.
9.4 European Economic Area Because
of the nature of the Internet, when e-Warehouse Ltd process your
Personal Information in order to respond to your enquiry it may be
passed to countries outside the UK and the European Economic Area. You
give us your consent to process your Personal Information by passing
it outside of the UK and the European Economic Area. If you do not
consent, you should not use the Web Site.
9.5 Contact from other users
e-Warehouse Ltd respect your privacy as set out in these Terms and
Conditions however, as the Web Site is theoretically accessible by any
user of the Internet (although we do take security measures to avoid
this) you should be aware that when you voluntarily disclose Personal
Information on the Web Site it may be collected and may result in
unsolicited messages from other internet users.