Acceptable use policy for www.evaris.com
Welcome to our website. This page (together with the documents referred to on it) sets out the terms of use on which you may make use of our website www.evaris.com (the “Website”), whether as a guest or as a registered user. Please read the terms in full before you use this Website. If you do not accept these terms, please do not use this Website. Using the Website implies that you accept these terms and that you agree to abide by them. We do occasionally update these terms so please refer back to them in the future.
The Website is operated by [Evaris Solutions Ltd] (“we” or “us”). We are registered in England and Wales under company number 7958655 and we have our registered office at P1(Office 1&2), Heywood Park, Pilsworth Road, Heywood, OL10 2TS. Our VAT number is 135 1320 57.
The term “you” refers to the user or viewer of our Website.
1 SITE ACCESS
1.1 You will be able to access the majority of this Website without having to register any details with us.
1.2 Particular areas of this Website will only be accessible if you have registered and logged in. If you are provided with a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential and you must not disclose it to any third party. We have the right to disable any username or password at any time if, in our opinion, you have failed to comply with any of the provisions of these terms of use.
1.3 Access to the Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on the Website without notice (see below).
2 USE OF WEBSITE
2.1 You are permitted to use our Website for your own purposes and to print and download one copy of any page from this Website provided that you do not modify any content without our consent.
2.2 The copyright and other intellectual property rights in all material on this Website are owned by us or our licensors and must not be reproduced without our prior consent.
2.3 Subject to paragraph 2.1, no part of this Website may be reproduced without our prior written permission.
3 SITE UPTIME
3.1 We take all reasonable steps to ensure that this Website is available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to server and other technical issues. Therefore we will not be liable if this Website is unavailable at any time.
3.2 This Website may be temporarily unavailable due to issues such as system failure, maintenance or repair or for reasons beyond our control. Where possible we will try to give our visitors advance warning of maintenance issues but shall not be obliged to do so.
4 VISITOR CONDUCT
4.1 When using our Website you must comply with these terms of use.
4.2 With the exception of personally identifiable information, the use of which is covered under our Privacy Policy, any material you send or post to this Website shall be considered non-proprietary and not confidential. Unless you advise to the contrary we will be free to copy, disclose, distribute, incorporate and otherwise use such material for any and all purposes.
4.3 You may use our site only for lawful purposes. You must not use our site:
4.3.1 to advertise or promote any business that is in competition with ours;
4.3.2 in any way that breaches any applicable local, national or international law or regulation;
4.3.3 in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
4.3.4 for the purpose of harming or attempting to harm minors in any way;
4.3.5 to send, knowingly receive, upload, download, use or re-use any material which does not comply with our Content Standards as set out in Paragraph 9 below;
4.3.6 to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
4.3.7 to knowingly 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 of any computer software or hardware.
4.4 You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of-server attack.
4.5 Unauthorised use of this Website may give rise to a claim for damages and/or be a criminal offence.
4.6 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any website linked to it.
5 TRANSACTIONS CONCLUDED THROUGH THIS WEBSITE
Contracts for the sale of goods formed through our Website or as a result of visits made by you are governed by our Terms and Conditions of Sale.
6 COPYRIGHT
6.1 This Website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice
6.2 Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:
6.2.1 you may print or download to a local hard disk extracts for your personal and non-commercial use only
6.2.2 you may copy the content to or advertise the content on individual third parties for their personal use, but only if you acknowledge the Website as the source of the material.
6.3 You may not, except with our express written permission, commercially exploit the content.
7 LINKS TO AND FROM OTHER WEBSITES
7.1 Any links to third party websites located on this Website are provided for your convenience only. We have not reviewed each third party website and have no responsibility for such third party websites or their content. We do not endorse the third party websites or make representations about them or any material contained in them. If you choose to access a third party website linked to from this Website, it is at your own risk.
7.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, any page on this Website, and subject to the following conditions:
7.2.1 you do not in any way imply that we are endorsing any services or products unless this has been specifically agreed with us;
7.2.2 you do not misrepresent your relationship with us or present any false information about us;
7.2.3 your website does not contain content that is offensive or infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law in the United Kingdom.
7.3 Our Website must not be framed on any other site. We reserve the right to withdraw linking permission without notice in the event that such linking activity breaches these Website terms of use. The website from which you are linking must comply in all respects with the Content Standards set out at Paragraph 9 below.
7.4 If you choose to link to our Website in breach of Paragraphs 7.2 to 7.3 you shall fully indemnify us for any loss or damage suffered as a result of your actions.
8 INTERACTIVE SERVICES
8.1 We may from time to time provide interactive services on our site, including, without limitation:
8.1.1 chat rooms; and
8.1.2 bulletin boards;
(“Interactive Services”).
8.2 Where we do 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).
8.3 We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any Interactive Service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant 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 we provide on our site, and 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 service is moderated or not.
8.4 The use of any of our Interactive Services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an Interactive Service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
8.5 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.
9 CONTENT STANDARDS
9.1 These content standards apply to any and all material which you contribute to our site (“Contributions”), and to any Interactive Services associated with it.
9.2 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.
9.3 Contributions must:
9.3.1 be accurate (where they state facts);
9.3.2 be genuinely held (where they state opinions); and
9.3.3 comply with applicable law in the UK and in any country from which they are posted.
9.4 Contributions must not:
9.4.1 advertise or promote any business that is in competition with ours;
9.4.2 contain any material which is defamatory of any person;
9.4.3 contain any material which is obscene, offensive, hateful or inflammatory;
9.4.4 promote sexually explicit material;
9.4.5 promote violence;
9.4.6 promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
9.4.7 infringe any copyright, database right or trade mark of any other person;
9.4.8 be likely to deceive any person;
9.4.9 be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
9.4.10 promote any illegal activity;
9.4.11 be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
9.4.12 be likely to harass, upset, embarrass, alarm or annoy any other person;
9.4.13 be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
9.4.14 give the impression that they emanate from us, if this is not the case; or
9.4.15 advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
10 BREACH OF TERMS OF USE
10.1 Failure to comply with these terms of use may result in our taking all or any of the following actions:
10.1.1 immediate, temporary or permanent withdrawal of your right to use our site;
10.1.2 immediate, temporary or permanent removal of any posting or material uploaded by you to our site;
10.1.3 issue of a warning to you;
10.1.4 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;
10.1.5 further legal action against you; and
10.1.6 disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
10.2 We exclude liability for actions taken in response to breaches of these terms and conditions. The responses described in these terms and conditions are not limited, and we may take any other action we reasonably deem appropriate.
11 DISCLAIMER
11.1 We take all reasonable steps to ensure that the information on this Website is correct. However, we do not guarantee the correctness or completeness of material on this Website. We may make changes to the material on this Website at any time and without notice. The material on this Website may be out of date, or on rare occasions incorrect and we make no commitment to ensure that such material is correct or up to date.
11.2 The material at this Website is provided without any conditions or warranties of any kind. To the maximum extent permitted by law, we provide access and use of this website on the basis that we, other members of our group of companies and third parties connected to us expressly exclude all representations, warranties and conditions which but for these terms and conditions may have effect in relation to this Website.
12 EXCLUSION OF LIABILITY
12.1 Neither we nor any other party (whether or not involved in producing, maintaining or delivering this Website), shall be liable or responsible for any direct, indirect or consequential loss or damage that may result to you or a third party as a result of your or their use of our website, including without limitation any liability for:
12.1.1 servicing or repair costs;
12.1.2 loss of income or revenue;
12.1.3 loss of business;
12.1.4 loss of profits or contracts;
12.1.5 loss of anticipated savings;
12.1.6 loss of data;
12.1.7 loss of goodwill;
12.1.8 wasted management or office time; and
for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
Nothing in these terms and conditions shall exclude or limit liability for (i) death or personal injury caused by negligence (as defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under the law of the United Kingdom.
13 GOVERNING JURISDICTION
13.1 The courts of England and Wales will have exclusive jurisdiction over any claims arising from, or related to, a visit to our site.
13.2 These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
14 CONTACTING US
14.1 Please feel free to contact us with queries, requests, or comments you may have about these terms of use or about the Website. We welcome any communication via the email address supplied here: [email protected].
In the event that you do not have access to the internet, you may contact us at Evaris Solutions Ltd, P1(Office 1&2), Heywood Park, Pilsworth Road, Heywood, OL10 2TS.
