Last
Updated: June 10, 2007
Use
of the BizWizOnline.co.uk site is subject to the following terms and conditions
(“Terms of Use”). These Terms of Use apply to and govern your use of the
BizWizOnline.co.uk website, content and services provided by the website
(collectively referred to as the “Site”). For purposes of these Terms of Use,
the words "you" and "your" shall refer to any visitor to
the Site. These Terms of Use are a legal agreement ("Agreement") between
you and Deansharp, Ltd. ("Company"), the legal owner and operator of
BizWizOnline.co.uk.
By
submitting information to, or accessing information from, or using in any way
the Site, You agree to the following Terms of Use. If you do not agree to be bound
by these Terms of Use, you may not access or otherwise use the Site. By
agreeing to the Terms of Use the Company grants you a non-exclusive,
non-transferable, limited right to access and use the Site content for your
personal use only, provided that you comply fully with these Terms of Use.
Changes to Terms of Use and Privacy Policy
At any time and without notice, the Company reserves' the right to change, add
or remove any portion of these Terms of Use or Privacy Policy. Any changes to
these Terms of Use will be considered in effect at the time of posting to the
Site. You agree to review these terms and conditions of use periodically to be
aware of any changes. Your continued use of the Site after any changes to these
Terms of Use are posted will be considered acceptance of those changes.
Ownership and Restrictions
BizWizOnline.co.uk owns and has the exclusive right to provide the Site to
visitors. The Company also owns, controls, licenses or has the right to use and
provide all material including without limitation text, images, articles,
photographs, illustrations, audio and video clips, (collectively the
"Content"). The Site is protected by copyright as a collective work
and/or compilation, pursuant to U.S.
& U.K.
copyright laws, international conventions, and other copyright laws. The
Company, and/or its third party partners (collectively, “Partners”), are the
owners of the copyrights for all Site Content. By accepting these Terms of Use,
you agree to abide by any and all copyright notices displayed on the Site.
In
no way shall you exploit the Site or Content by modifying, duplicating,
attempting to sell, or creating derivative works from the Site for any public
or commercial use, other than as expressly provided by these Terms of Use,
without the express written permission of the Company.
Change to Site, Content and Services
The Company has the right to change, suspend or terminate any aspect of the
Site including but not limited to Content, features, services or hours of
availability. The Company may impose or modify limits on certain Site features
and services or restrict access to parts or the entire Site without notice or
liability. The Company reserves the right to include or adjust fees in order to
use or access certain Site features or Content.
Acceptable Use
As a condition of your use of this Site you warrant to BizWizOnline.co.uk. that
you:
· Will only use this Site for lawful
purposes in accordance with these Terms of Use;
· Agree and consent to our Privacy Policy;
· Agree not to infringe on any rights of
the Company or the Company’s third-party partners in connection with your use
of the Site;
· Will not collect contact information of
other users of the Site or Services for purposes of unsolicited communications
· Will refrain from using unlawful,
tortuous, profane, vulgar, harassing, abusive, threatening, inflammatory,
libellous, defamatory, fraudulent or similarly harmful or discourteous language
in any e-mail or form entry created through this Site;
· Will not interfere or attempt to
interfere with the operation of the Site in any way including, but not limited
to, spamming, hacking/cracking, hijacking, uploading computer viruses or
overloading Site capacity beyond what is reasonable and customary
· Will not use the Site or Services for
any commercial purpose, except in those cases allowed by the Company.
Visitors
who violate these Terms of Use, at the Company’s sole discretion, may be
prohibited from using the Site thereafter.
Site Monitoring, Editing and Disclosure
You agree that Bizwizonline.co.uk. has the right, but not the obligation, to
monitor all material on the Site at any time and for any reason. The Company
does not represent or endorse the accuracy or reliability of any advice,
opinion, statement, or other information displayed or distributed through the
Site. You acknowledge that any reliance or action upon any Content shall be at
your sole risk. The Company reserves the right, in its sole discretion, to
correct any errors or omissions in any portion of the Site without notice.
BizWizOnline.co.uk.
has not undertaken independent primary research to confirm the accuracy of any
data or content on the Site. BizWizOnline.co.uk. is not responsible for
conclusions drawn or decisions made based upon Site content. In no event will
BizWizOnline.co.uk. be liable for any damages, direct, indirect, incidental or
consequential resulting from the use of the information contained in the Site.
There is risk in any business. You should do your own due diligence before
spending money on any business venture.
Indemnification
You shall indemnify, defend and hold harmless BizWizOnline.co.uk., and all its
officers, directors, owners, agents, employees, content providers, partners,
affiliates, licensors and licensees (collectively, the "Indemnified
Parties") from and against any and all losses, damages, liabilities, and
claims and all fees, costs, expenses, of any kind related thereto (including,
without limitation, reasonable solicitors' fees) incurred by the Indemnified
Parties in connection with any claim arising out of, based upon or resulting
from your use of the Site. The Company reserves the right, at its own expense,
to assume the exclusive defence and control of any matter otherwise subject to
indemnification by you and you shall not in any event settle any matter without
the written consent of the Company.
Links to Other Web Sites
The Site contains links to other World Wide Web Internet sites. Links to and
from our Site do not constitute an endorsement by the Company or any of its
subsidiaries, partners and affiliates of any third party resources or their
services or contents. Links do not imply that the Company or the Site sponsors
are affiliated or associated with or are legally authorized to use any
trademark, trade name, logo or copyright symbol displayed in or accessible
through the links, or that any linked sites are authorized to use any
trademark, trade name, logo or copyright symbol of the Company or any of its
affiliates. The Company is not responsible for content on or services provided
by other Web sites that are linked to or from the Site, including without
limitation the Company’s partners' Web sites and services. You should direct
any concerns regarding any external link to the external link’s site
administrator or Webmaster.
Disclaimer of Warranties and Damages; Limitation of Liability
THE SITE, INCLUDING ALL SERVICES, CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND
INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED TO SITE
VISITORS, MEMBERS, AND ANY OTHER THIRD PARTY ON AN "AS IS" AND
"AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY
KIND WHATSOEVER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF
NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER DEANSHARP
LTD. NOR ITS CONTENT PROVIDERS OR PARTNERS WARRANT THAT THE SERVICES,
FUNCTIONS, FEATURES OR CONTENT CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR
ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SITE OR THE SERVER THAT
MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; NOR DO THEY
MAKE ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY, MEANINGFULNESS, OR
RELIABILITY OF THE SITE, CONTENT, MATERIALS, SERVICES, INFORMATION OR FUNCTIONS
MADE ACCESSIBLE BY THE SITE, ANY PRODUCTS OR SERVICES OF OR HYPERTEXT LINKS TO,
THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF
SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE. THE COMPANY AND ITS
PARTNERS, SUBSIDIARIES AND AFFILIATES MAKE NO WARRANTIES AND SHALL NOT BE
LIABLE FOR THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION, THE CONTENT AND
ANY ERRORS CONTAINED THEREIN UNDER ANY DIRECT OR INDIRECT CIRCUMSTANCES,
INCLUDING BUT NOT LIMITED TO THE COMPANY’S NEGLIGENCE. IF YOU ARE DISSATISFIED
WITH THE SITE, SERVICES OR ANY MATERIALS ON THE SITE, YOUR SOLE REMEDY IS TO
DISCONTINUE USING THE SITE.
UNDER
NO CIRCUMSTANCES SHALL THE COMPANY, ITS SUBSIDIARIES, PARTNERS, AFFILIATES OR
CONTENT PROVIDERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY
TO USE, THE SITE AND THE CONTENT, MATERIALS, SERVICES AND FUNCTIONS IN THE
SITE, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR
LOST BUSINESS, EVEN IF SUCH ENTITIES OR AN AUTHORIZED REPRESENTATIVE THEREOF
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL
LIABILITY OF THE COMPANY, ITS SUBSIDIARIES, PARTNERS AND AFFILIATES TO YOU FOR
ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT,
INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE
TERMS AND CONDITIONS OF USE OR YOUR USE OF THE SITE OR SERVICES EXCEED, IN THE
AGGREGATE, $100.00 U.S.
BizWizOnline.co.uk.’s Rights to Materials Provided by Users
Any or all material and information provided by you to the Site, including
without limitation the information contained in your Member Account, if any,
may be included in a database owned by the Company. We reserve the right to use
any information or materials you provide to us or that we obtain through your
use of the Site compliant with our Privacy Policy and to the fullest extent
permitted by law.
By
posting messages, uploading files, inputting data or engaging in any other form
of communication (individually or collectively "Communications") to or
within the Site, you grant to the Company a perpetual, worldwide, irrevocable,
unrestricted, non-exclusive, royalty-free license to use (including use for
promotional and advertising purposes), copy, license, sublicense, adapt,
distribute, display, publicly perform, reproduce, transmit, modify, edit and
otherwise exploit such Communications and any ideas or original materials
contained in such Communications, in all media now known or hereafter
developed, without any compensation to you. This grant shall include the right
to exploit any and all proprietary rights in such Communications including,
without limitation, any and all rights under copyright, trademark, service mark
or patent laws under any relevant jurisdiction. You waive all rights to any claim
against the Company for any alleged or actual infringements of any proprietary
rights, rights of privacy and publicity, moral rights, and rights of
attribution in connection with such Communications. You agree and understand
that the Company is under no obligation to use any material or ideas submitted
by you in any Communications in any way whatsoever.
No Responsibility for Transmitted Material
You acknowledge that transmissions to and from this Site are not confidential
and your Communications may be read or intercepted by others. You acknowledge
that by submitting Communications to the Company or the Site, no confidential,
fiduciary, contractually implied or other relationship is created between you
and the Company or any Company affiliate or subsidiary other than pursuant to
these Terms of Use. The Company shall not be responsible for the payment of any
monies to any party in connection with the Company’s use of Communications
submitted by you to the Site.
Non-US/UK Residents
BizWizOnline.co.uk. make no representation that materials in the Site and their
copyrights, trademarks, patents, and licensing arrangements, are appropriate or
available for use in locations other than the United
States or United
Kingdom. Those who choose to access this
Site from other locations outside of the U.S. or U.K. do so on their own
initiative and are responsible for compliance with local laws, if and to the
extent local laws are applicable.
General Provisions
These terms and conditions of use shall be governed by and construed in
accordance with the laws of the United
Kingdom, without regard to conflicts of laws
or provisions. The sole and exclusive jurisdiction for any action or proceeding
arising out of or related to these terms and conditions of use shall be an
appropriate United Kingdom Court
and you hereby irrevocably consent to the jurisdiction of such courts. If for
any reason a court of competent jurisdiction finds any provision of these terms
and conditions of use, or portion thereof, to be unenforceable, that provision
shall be enforced to the maximum extent permissible so as to effect the intent
of these terms and conditions of use, and the remainder of these terms and
conditions of use shall continue in full force and effect. These terms and
conditions of use constitute the entire agreement between you and
BizWizOnline.co.uk. with respect to the subject matter hereof, and supersede
all previous written or oral agreements between the parties with respect to
such subject matter. No waiver by either you or the Company of any breach or
default hereunder shall be deemed to be a waiver of any preceding or subsequent
breach or default. The section headings used herein are for convenience only
and shall not be given any legal import.