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Application and Termination
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1.1 |
By
accessing this Site you agree to be bound by these terms and conditions
and all other applicable laws. If you do not agree to be bound by
these terms and conditions then please do not use this Site. |
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1.2 |
These
terms and conditions: |
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1.2.1
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apply
to you upon your accessing this Site. |
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1.2.2 |
may
be changed or terminated by Disputes Resolved without notice, for
any reason and at any time. You agree that Disputes Resolved
has no obligation to inform you of these changes and that it is your responsibility
to establish whether the terms and conditions have been so changed.
If you disagree with any changes then you must stop using this Site immediately |
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1.3 |
The
provisions in these terms and conditions relating to disclaimer, copyright,
trademark, limitation of liability, indemnity, hypertext links, severance,
terms and conditions for sale of services and law and jurisdiction shall
survive any termination. |
2 Disclaimer
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2.1 |
This Site and the materials, products and services in this Site are provided
on an "as is" and "as available" basis. |
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2.2 |
To
the full extent permitted at law Disputes Resolved makes no (and
expressly disclaims all) representations or warranties, express or implied
in respect of this web site or its contents or the contents, advice and
opinions of any Hypertext Link or third party contributor to this Site,
including, but not limited to, implied warranties as to quality, accuracy,
adequacy, usefulness, timeliness, reliability, merchantability and fitness
for a particular purpose and non infringement of the contents of this
Site or any goods or services purchased or obtained or any transactions
entered into by you through this Site. |
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2.3 |
Disputes Resolved does not represent or warrant that the material
or any of the functions contained in this Site or the contents of any
hypertext link or any comments, advice or opinions by any third party
contributor to this Site will be uninterrupted, accurate, complete or
that current defects will be corrected, or that this Site or the server
that makes the Site available are free of viruses or other harmful components. |
3 Copyright
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3.1 |
You
agree that all copyright, trademarks and other intellectual property rights
in the material or content of this Site shall remain at all times vested
in Disputes Resolved or its licensors. |
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3.2 |
You agree that the content of this Site is made available for you in your
personal capacity and for your personal use only, and not for any commercial
use. You agree that you may only download the content of this Site
onto one computer hard drive, but not for commercial use, and that any
other use of the content of the Site is strictly prohibited. |
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3.3 |
You
agree that you will neither solely or jointly with or on behalf of any
other third party directly or indirectly copy, reproduce, transmit, distribute,
publish, display, commercially exploit or create derivative works of the
content of this Site. |
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3.4 |
You
agree that you will not change in any way any proprietary notices from
material down loaded from this Site by you for your non commercial personal
use. |
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3.5 |
You
agree that by the act of posting materials onto this Site you grant Disputes
Resolved and any licensors an irrevocable, perpetual, royalty free
worldwide licence to use the said materials in any manner which Disputes
Resolved sees fit. The licence will include broadcasting, editing,
copying, distributing and otherwise transmitting the material. This
paragraph does not relate to the mediation process itself, which remains
confidential. |
4 Trademarks
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The
trade marks and logos and service marks used and displayed on this Site
are, unless otherwise specified, the trademarks of Disputes Resolved.
No rights are granted to use any of them without the written permission
of Disputes Resolved. |
5 Limitation of Liability
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5.1 |
With
the exception of death or personal injury resulting from the negligence
of Disputes Resolved and to the fullest extent permitted by law
you agree that Disputes Resolved shall not be liable in negligence,
contract, tort, statutory duty or in any other way for any of the following: |
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5.1.1 |
Any
loss or damage caused of whatever nature arising directly or indirectly
from or in any way related with the Site, or |
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5.1.2 |
your
reliance or use of any information or material obtained either directly
or indirectly from the use of this Site, or |
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5.1.3 |
any
orders that you make for services either indirectly or directly through
this Site, including any damage for loss of profits or loss of business
without limitation, |
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5.1.4 |
any
other consequential or pecuniary loss in any way related to the use of
this Site. |
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5.2 |
Condition
5.1 shall apply even if Disputes Resolved have been advised of
the possibility of such loss or damage. |
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5.3 |
You
acknowledge that any dealings, bookings or purchases of services made
with a third party by you through this Site shall be subject to the terms
and conditions of that third party and that Disputes Resolved will
not be a party to or in any way responsible for or liable to you in respect
of any transactions between you and that third party. |
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5.4 |
You
agree that it is your sole responsibility to evaluate any services offered
by this Site or by any third parties via this Site. |
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5.5 |
Disputes
Resolved is unable and therefore does not make any representations
or warranties as to the security of information that you pass to any third
parties as a result of using this Site either directly or indirectly. |
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5.6 |
You
acknowledge that Disputes Resolved has no control over the information
which can be accessed by this Site or which can be accessed by any other
web site which you access as a result of using this Site. |
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5.7 |
You
acknowledge that Disputes Resolved does not know or examine the
use to which you or other users put this Site or the nature of the information
you or other users are sending or uploading. |
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5.8 |
Disputes
Resolved therefore excludes all liability of whatever kind and to
the fullest extent permitted by law (this includes libel, breach of confidence,
invasion of privacy, negligence and all intellectual property infringements)
for the transmission or reception of information which can be accessed
by the Site of whatever nature by about or to you. |
6 Notice
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6.1 |
Disputes
Resolved may serve notice upon you by any of the following means: |
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6.1.1 |
Electronic
mail |
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6.1.2 |
A
general notice on the Site |
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6.1.3 |
Notice
in writing delivered by first class mail to the address which you have
provided for us. |
7 Hypertext Links
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7.1 |
Disputes
Resolved may provide a link from its own Site to other web sites,
however you agree that Disputes Resolved has no control over these
Hypertext Links (or any other third party link) and that you use these
links entirely at your own risk. |
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7.2 |
You
agree that Disputes Resolved has no responsibility or liability
for the content or any policies of any Hypertext Links (or any other third
party link) as mentioned in 7.1 above. |
8 Use of the Site
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If
this Site contains bulletin boards, chat rooms, or other message or communication
facilities (collectively "Forums"), you agree to use the Forums only to
send and receive messages and material that are proper and related to
the particular Forum. By way of example, and not as a limitation,
you agree that when using a Forum, you shall not do any of the following: |
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8.1 |
Defame,
abuse, harass, stalk, threaten, or otherwise violate the legal rights
(such as rights of privacy and publicity) of others. |
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8.2 |
Publish, post, distribute, or disseminate any defamatory, infringing,
obscene, indecent, or unlawful material or information. |
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8.3 |
Upload
files that contain software or other material protected by intellectual
property laws (or by rights of privacy of publicity) unless you own or
control the rights thereto or have received all necessary consents |
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8.4 |
Upload
files that contain viruses, corrupted files, or any other similar software
or programs that may damage the operation of another's computer. |
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8.5 |
Delete
any author attributions, legal notices, or proprietary designations or
labels in any file that is uploaded. |
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8.6 |
Falsify
the origin or source of software or other material contained in a file
that is uploaded. |
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8.7 |
Advertise
or offer to sell any goods or services or conduct or forward surveys,
contests, or chain letters. |
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8.8 |
Download
any file posted by another user of a Forum that you know, or reasonably
should know, cannot be legally distributed in such manner. |
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You
acknowledge that all Forums are public and not private communications.
Further, you acknowledge that chats, postings, conferences, and other
communications by other users are not endorsed by Disputes Resolved,
and such communications shall not be considered reviewed, screened, or
approved by Disputes Resolved. Disputes Resolved reserves
the right for any reason to remove without notice any contents of the
Forums received from users, including without limitation bulletin board
postings. Disputes Resolved reserves the right to deny in
its sole discretion any user access to this Site or any portion thereof
without notice. |
9 Terms and conditions for sale of services
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Nothing
in these terms and conditions shall conflict with the terms and conditions
for sale of services with Disputes Resolved and to the extent that
they do the terms and conditions for sale of services shall prevail. |
10 Indemnity
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You
agree to keep Disputes Resolved indemnified against all actions,
claims, costs, expenses (including all legal costs) and damages brought
against or suffered by Disputes Resolved arising out of any breach
of these terms and conditions or any activity relating to your use of
the Site (including negligent or wrongful conduct) by you or any other
person accessing the Site using your name or any other name with which
you have registered under this Site. |
11 Persons under the age of 18
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11.1 |
If
you are under 18 years of age you agree that you have had your parents
permission to send any information to us about yourself or anyone else
over the Internet. |
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11.2 |
Disputes Resolved make no representations or warranties to the
effect that the contents of this Site are suitable for people under the
age of 18. |
12 Severance
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If any of these terms and conditions shall in whole or in part be held
to any extent to be illegal or unenforceable under any enactment or rule
of law such provision shall to the extent required be severed from the
terms and conditions and rendered ineffective as far as possible without
modifying the remaining provisions of this agreement and shall not in
any way affect any other circumstances or the validity or enforcement
of these terms and conditions. |
13 Law and Jurisdiction
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These
terms and conditions shall be governed by and construed in all respects
in accordance with English law and the parties irrevocably agree that
the courts of England and Wales shall have exclusive jurisdiction in respect
of any dispute, suit, action, arbitration or proceedings which may arise
out of or in connection with these terms and conditions provided that
Disputes Resolved has the right at its sole discretion to commence
and pursue proceedings in any other jurisdiction or jurisdictions whether
concurrently or not. |
PRIVACY POLICY |
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Disputes Resolved respects the privacy of users who visit the Disputes
Resolved web site. Disputes Resolved is committed to
safeguarding the privacy of their users whilst providing a personalised
and valuable service. If you have any requests concerning your
personal information or any queries with regard to these practices please
contact our privacy officer by electronic mail at: privacy@disputes-resolved.co.uk.
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Information Collected
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Disputes
Resolved collects personal information from users when any services
are supplied via this web site. |
Use of Personal Information
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We process personal information for the following purposes: |
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Providing
a personalised service. |
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Conducting
research surveys. |
Disclosures
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Disputes
Resolved will not disclose any information they keep about you to
any third parties unless it is requested by the police or any regulatory
or government authority to provide your user information and/or information
concerning your use of the site. Furthermore Disputes Resolved
will disclose your user information and/or details of your use of the
site if it is required to do so by law or requested to do so by a third
party during the course of an action for the infringement of their rights
which Disputes Resolved reasonably believe to arise from your use
of this site. This paragraph does not relate to the mediation process
itself, which remains confidential. |
Responsibility with User
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Internet users should be aware that when they disclose personal information
on any public bulletin board or chat areas of any web site used as a result
of use of this web site that information can be collected and used by
anyone who views the web site or sites and may result in unsolicited messages
from other participants or other parties. Disputes Resolved
is not responsible for any such messages. |
Cookies
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Cookies
are a small piece of information that are stored by your browser on your
computer's hard drive. Disputes Resolved do not use cookies
on the Site. |
E-Mail
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Please
note there is no guarantee that any e-mail sent will be received by us,
or that the contents of any such e-mail will remain private during internet
transmission. If you have any such concerns, you may prefer to telephone
or write to us instead. |
Data Protection
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If you choose to complete one of our on-line forms, the personal information
you provide will be used by Disputes Resolved to enable us to answer
your queries and to provide you with information about the services that
are of interest to you. You have the right under the Data Protection
Act to request a copy of the personal data which we hold with reference
to you on our computer systems.
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