THE AYRSHIRE CHAMBER OF COMMERCE: TERMS AND CONDITIONS OF USE FOR
WEBSITE AYRSHIRE.THEBUSINESSNETWORKONLINE.COM
TERMS AND CONDITIONS OF WEBSITE USE
Welcome to ayrshire.thebusinessnetworkonline.com, a website managed by The Ayrshire Chamber Of Commerce ("the Chamber", "we" or "us"). This page
(together with the documents referred to on it) tells you the Terms and
Conditions of use ("the Terms") on which you may make use of this website,
whether as a guest or a registered user.
1. ACCEPTANCE OF TERMS
1.1 By registering on, accessing or using this website you agree to be legally
bound by the Terms, and you accept and agree to them as they apply to your
registration, access and/or use. The Terms are an agreement between you and us
which applies to your use of this website and of the Business Network Online
Service that it offers.
1.2 If you do not agree to the Terms, please refrain from using this website.
[If you have registered on this website and do not wish to be bound by the
Terms, please contact us by reference to the contact details given in section
2.2 below.]
2. INFORMATION ABOUT US
2.1 This website is a site controlled and operated by Simply-Sol.Com Limited
from their offices in Merseyside. They are registered in England and Wales under
company number 4655155, and have their registered office at 1st Floor Brook
House, Brook Terrace, West Kirby, Wirral, Merseyside, CH48 4DX, United Kingdom.
The site is managed by The Ayrshire Chamber Of Commerce
2.2 [To contact us, please telephone +44 (0) 1292 678666 or email us on
lbruce@ayrshire-chamber.org]
3. PURPOSE
3.1 This website is intended to provide an online marketplace. It works by
matching up business opportunities for firms, companies and other organisations
registered on our database who have identified that they can supply a particular
product or service. As matches occur you will receive an email alert, or you can
subscribe to SMS texts and have alerts sent to your mobile phone. Details of the
business opportunities will then be emailed to you. You may be able to select
more than one category of product or service, depending on whether you are a
member of the Chamber and your membership category. The number of selections you
can make will be confirmed via the website once your registration is complete.
3.2 This website is intended for use by users located in the United Kingdom
only. We make no representations that any materials published on this website or
services offered through it are appropriate or available for use in locations
outside England and Wales. Those who visit this website from other locations do
so at their own risk, and are responsible for compliance with all applicable
laws relating to their use of this website, material contained on it and
services offered through it.
4. CONDITIONS OF USE
4.1 You may only use this website if you are at least 18 years of age and able
to form legally binding contracts.
4.2 You agree to provide us with true, accurate, current and complete
information about yourself and your organisation for the purposes of your use of
this website. You may update this information at any time.
4.3 You must protect your website password and keep it strictly confidential. We
are not responsible for any intrusion on your account or profile that is
attributable to your having failed to comply with the foregoing condition.
4.4 You must choose a username that is in good taste, by which we mean one that
is not vulgar, obscene or misrepresentational. We reserve the right to revoke
your username at any time.
4.5 You must behave with respect and consideration to other users of this
website.
4.6 You may use this website only for lawful purposes.
5. PROHIBITED USES
You may not use this website:
5.1 in any way that breaches any applicable local, national or international law
or regulation;
5.2 in any way that is unlawful or fraudulent, or has any unlawful or fraudulent
purpose or effect;
5.3 for the purpose of harming or attempting to harm minors in any way;
5.4 to send, knowingly receive, upload, download, use or re-use any material
which does not comply with any of the content standards specified in section 6
below;
5.5 to transmit, or procure the sending of, any unsolicited or unauthorised
advertising or promotional material or any other form of similar solicitation
(spam);
5.6 knowingly to transmit any data, send or upload any material that contains
viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or
any other harmful programs or similar computer code designed to adversely affect
the operation and/or functionality of any computer software or hardware or
telecommunications equipment.
5.7 to reproduce, duplicate, copy or re-sell any part of this website in
contravention of any provision of the Terms;
5.8 to access without authority, interfere with, damage or disrupt:
5.8.1 any part of this website;
5.8.2 any equipment or network on which this website is stored;
5.8.3 any software used in the provision of this website; or
5.8.4 any equipment or network or software owned or used by any third party;
5.9 in any way that causes us or may cause us to lose (in whole or in part) the
services of our ISP and/or other suppliers;
5.10 (without prejudice to Section 12 below) to link to materials or other
content, directly or indirectly, to which you do not have a right to link and/or
which compete in any manner with this website or the Chamber.
6. CONTENT STANDARDS
6.1 The content standards in this section 6 apply to any and all material which
you contribute to this website ("Contributions"), and to any interactive
services associated with it.
6.2 You must comply with the spirit of the following standards as well as the
letter. The standards apply to each part of any Contribution as well as to its
whole.
6.3 Contributions must:
6.3.1 be accurate (where they state facts);
6.3.2 be genuinely held (where they state opinions);
6.3.3 comply with applicable law in the UK and in any country from which they
are posted.
6.4 Contributions must not:
6.4.1 contain any material which is defamatory of any person;
6.4.2 contain any material which is obscene, offensive, hateful or inflammatory;
6.4.3 promote sexually explicit material; 6.4.4 promote violence;
6.4.5 promote discrimination based on race, sex, religion, nationality,
disability, sexual orientation or age;
6.4.6 infringe any copyright, database right, trade mark or other intellectual
property or proprietary right of any other person;
6.4.7 be likely to deceive any person;
6.4.8 be made in breach of any legal duty owed to a third party, such as a
contractual duty or a duty of confidence;
6.4.9 encourage others to breach any Term;
6.4.10 promote any illegal activity
6.4.11 be threatening, abuse or invade another’s privacy, or cause annoyance,
inconvenience or needless anxiety;
6.4.12 be likely to harass, upset, embarrass, alarm or annoy any other person;
6.4.13 be used to impersonate any person, or to misrepresent your identity or
affiliation with any person;
6.4.14 give the impression that they emanate from us, if this is not the case;
6.4.15 advocate, promote or assist any unlawful act such as (by way of example
only) intellectual property infringement or computer misuse;
6.4.16 contain restricted or password-only access pages or hidden pages or
images.
7. INTERACTIVE SERVICES
7.1 We may from time to time provide interactive services on this website,
including, without limitation:
7.1.1 chat rooms;
7.1.2 bulletin boards;
7.1.3 webinars ("Interactive Services").
7.2 Where we provide any Interactive Service, we will provide clear information
to you about the kind of service offered, if it is moderated and what form of
moderation is used (including whether it is human or technical).
7.3 We will use our reasonable endeavours to assess any possible risks for users
from third parties when they use any Interactive Service provided on this
website, and we will decide in each case whether it is appropriate to use
moderation of the relevant Interactive Service (including what kind of
moderation to use) in the light of those risks. However, we are under no
obligation to oversee, monitor or moderate any Interactive Service that we
provide on this website, and (subject only to section 8.7 below) we expressly
exclude our liability for any loss or damage arising from the use of any
Interactive Service by a user in contravention of our content standards, whether
the Interactive Service is moderated or not.
7.4 Where we do moderate an Interactive Service, we will normally provide you
with a means of contacting the moderator, should a concern or difficulty arise.
8. LIABILITIES
8.1 This website and all materials and information thereon and all services
supplied through it are provided on an "as is" basis. Subject only to section
8.7 below, and to the fullest extent permitted by law, we and third parties
connected to us (including but not limited to Simply-Sol.Com Limited, the
operator of this website) exclude any warranty, express or implied, as to the
quality, accuracy, fitness for purpose, completeness and usefulness of any
material, information or service provided or supplied through this website.
8.2 Subject only to section 8.7 below, we and third parties connected to us
(including but not limited to Simply-Sol.Com Limited exclude liability to any
user of this website for any loss or damage (whether direct, indirect or
consequential) of any nature whatsoever (including without limitation, loss of
income, revenue, business, profits, contracts, anticipated savings, data and/or
goodwill, or wasted management or office time) and howsoever arising out of, or
in connection with, the viewing, use or performance of this website or its
contents or services available through it, whether due to inaccuracy, error,
omission or any other cause and whether on the part of us, our employees or
agents, or any other person. We cannot and do not guarantee or warrant that any
material available for downloading from this website will be free from
infection, viruses and/or other code that has contaminating or destructive
properties. You are exclusively (as between you and us) responsible for
implementing sufficient procedures and virus checks (including anti-virus and
other security checks) to satisfy your particular requirements for the accuracy
and use of data which you send and receive.
8.3 You expressly understand and agree that this website is merely a venue for
users to exchange information and facilitate transactions, that we are not a
broker or agent, that we have no fiduciary or other duty to you with regard to
such transactions, and that we are not a party to any such transactions. You
will not hold us responsible for the actions or inactions of any third parties
involved in any such actual or contemplated transactions, and you are encouraged
to perform your own due diligence in connection therewith. We make no
representation regarding the identity, creditworthiness or performance of any
user of this website. You accept sole responsibility for the legality of your
actions under laws applying to you and the legality of any goods or services
that you provide through your use of this website.
8.4 Commentary and other materials posted on this website are not intended to
amount to advice on which any reliance should be placed. We therefore disclaim
(subject only to section 8.7 below) all liability and responsibility arising
from any reliance placed on such materials by any visitor to our site, or by
anyone who may be informed of any of its contents.
8.5 We reserve the absolute right to alter, suspend or discontinue any aspect of
this website or the services provided through it, including your access to it.
We cannot guarantee that this website or the Business Network Online Service will
operate continuously or without interruptions or be error free. From time to
time we may restrict access to some or all of this website to some or all users
who have registered with us.
8.6 You must not attempt to interfere with the proper working of this website
and, in particular, you must not attempt to tamper with, hack into, or otherwise
disrupt any computer system, server, router or any other Internet-connected
device associated with this website. You must not misuse this website by
knowingly introducing viruses, trojans, worms, logic bombs or other material
which is malicious or technologically harmful. You must not attempt to gain
unauthorised access to this website, the server(s) on which it is stored or any
server, computer or database connected to it. You must not attack this website
via a denial-of service attack or a distributed denial-of service attack. We
will not (subject only to section 8.7 below) be liable for any loss or damage
caused by such an attack or material that may infect your computer equipment,
programs, data or other proprietary material due to your use of this website or
to your downloading of any material posted on it, or on any website linked to
it.
8.7 The contents of this section 8 do not affect our liability for death or
personal injury arising from our negligence, or our liability for fraudulent
misrepresentation or misrepresentation as to a fundamental matter, or any other
liability which cannot be excluded or limited under applicable law.
9. USER'S PRIVACY AND DATA PROTECTION
9.1 We process information about you in accordance with our
Privacy Policy. By
using this website, you consent to such processing by us and by those third
parties referred to in the
Privacy Policy for the purposes set out in the
Privacy Policy and you warrant that all data provided by you to us are accurate.
9.2 Our
Privacy Policy does not cover, and we expressly disclaim all liability
for, any processing by any third party (other than those specifically or
generically referred to in our
Privacy Policy) of any personal data that you
disclosed to that party by your use of this website. We do not and cannot
guarantee that other users will respect the privacy or security of your
information, and we therefore encourage you to evaluate the privacy and security
policies of your trading partners and others before you enter into any
transaction with them or choose to share any of your information with them.
10. INDEMNITY
You agree to indemnify and hold harmless us, our parent companies, subsidiaries,
affiliates and their respective officers, directors, employees, owners, agents,
information providers, licensors and third parties connected to us (including
but not limited to Simply-Sol.Com Limited, the operator of this
website)(collectively the "Indemnified Parties") at all times from and against
all and any losses, liabilities, damages, costs or expenses of any character
(including legal fees) (whether or not foreseeable or avoidable) incurred or
suffered by any Indemnified Party, and any claims or legal proceedings which are
brought or threatened against any Indemnified Party, in each case arising
directly or indirectly from your use of or conduct on this website and/or an
actual or alleged breach of any of the Terms.
11. WEBSITE CONTENT
11.1 The material and content provided by us on this website and the
Business Network Online Service (and any Interactive Services) are for your
personal, non-commercial use only, save where expressly provided otherwise (if
at all), and you agree not for yourself or through or by way of assistance to
any third party commercially to distribute or exploit such material, content
and/or services. All intellectual property rights throughout the world in this
website and the material published on it by us (the "Protected Material") (but
excluding, for the avoidance of doubt, any material(s) uploaded by you in the
course of your use of this website and any Interactive Services provided through
it) are owned by us or licensed to us to use. Those rights are protected by
copyright laws and treaties around the world, and all of them are reserved.
11.2 You may make a copy of any Protected Material for your personal
non-commercial use only provided that you keep all copyright and other
proprietary notices intact, and you agree not to modify, copy, reproduce,
republish, upload, post, transmit or distribute, by any means or in any manner,
any material or information on or downloaded from this website including but not
limited to text, graphics, video, messages, code and/or software without our
prior written consent. If you do wish to use any such material or information
for any commercial use please write in advance to: Simply-Sol.com Limited, 1st Floor Brook
House, Brook Terrace, West Kirby, Wirral, Merseyside, CH48 4DX, United Kingdom. We will let
you know on what terms (if any) such consent may be given.
11.3 If you print off, copy or download any Protected Material in breach of any
of the Terms, your right to use it will cease immediately and you must, at our
option, return or destroy any copies of the materials that you have made from
it.
12. LINKS
12.1 Where our website contains links to other sites and resources provided by
third parties, these links are provided for your information only and We have no
control over the content or availability of that website and We accept no
responsibility for the content, or the use of, such a website, and (subject only
to section 8.7 above) We shall not be liable for any loss or damage caused or
alleged to be caused by or in connection with use of or reliance on any such
content, goods or services available on or through any such site or resource.
12.2 You may link to our home page, provided that you do so in a way that is
fair and legal and does not damage our reputation or take advantage of it, but
you must not establish a link in such a way as to suggest any form of
association, approval or endorsement on our part where none exists. You must not
establish a link from any website that is not owned by you.
12.3 This website must not be framed on any other site, nor may you create a
link to any part of this website other than its home page. We reserve the right
to withdraw linking permission without notice. Any website from which you are
linking must comply with the contents standards set out in Section 5 above.
13. SUSPENSION AND TERMINATION
13.1 We will determine, in our absolute discretion, whether there has been an
actual or suspected breach of any Term through your use of this website, and/or
whether you are acting inconsistently with the letter or spirit of the Terms. If
so, we may take such action as we deem appropriate, including (without
limitation) all or any of the following actions:
13.1.1 immediate, temporary or permanent withdrawal of your right to use this
website;
13.1.2 immediate, temporary or permanent removal of any posting or material
uploaded by you to this website;
13.1.3 issue of a warning to you;
13.1.4 legal proceedings against you for reimbursement of all costs on an
indemnity basis (including, but not limited to, reasonable administrative and
legal costs) resulting from the breach;
13.1.5 further legal action against you;
13.1.6 disclosure of such information to law enforcement authorities as we
reasonably feel is necessary.
113.2 Subject only to section 8.7 above, we exclude liability for any action
taken pursuant to section 13.1 above.
14. CHANGES
14.1 We aim to update this website regularly, and may change its content at any
time. If the need arises, we may suspend access to it, or close it indefinitely.
Any of the material on this website may be out of date at any given time, and we
are under no obligation to update it.
14.2 We may alter the Terms from time to time and post the new version on this
website, following which all use of this website will be governed by that
updated version. You are expected to check the Terms from time to time to take
notice of any changes that we make to them, as they are legally binding on you.
Your continued use of this website signifies your acceptance of any such change.
15. MISCELLANEOUS
15.1 We may assign or subcontract any or all of our rights and obligations under
the Terms.
15.2 If any provision of the Terms shall become or be declared illegal, invalid
or unenforceable for any reason whatsoever, such provision shall be divisible
and deemed deleted from them.
15.3 The Terms and your use of this website are governed by the laws of England
and Wales and you submit to the non-exclusive jurisdiction of the English courts
in connection with any dispute between you and us relating to any Term.