||INFORMATION ABOUT US
|| www.espicom.com is a site operated by ESPICOM LIMITED (We or Espicom). We are registered in England and Wales under company number 02768600 and with our registered office at Lincoln House, City Fields Business Park, City Fields Way, Tangmere, Chichester, West Sussex, PO20 2FS, ENGLAND. Our VAT number is [VAT NUMBER].
||By placing an order, or downloading any Title(s), through Our Site, you
||You are legally capable of entering into binding contracts; and
||You are at least 18 years old;
|Placing an order does not mean that your order has been accepted. Your
order constitutes an offer to us to buy the Title(s) on these conditions.
||No offer shall be accepted by us other than:
||By a written acknowledgement issued and executed by us; or
||(if earlier) by us granting access to the Title(s) when a contract for the supply and purchase of those Title(s) on these conditions will be established (the Contract).
|You acknowledge that the information contained in the Title(s) (the
Information) is proprietary to us. You will use the Title(s) and the
Information solely for use in accordance with the terms of the licence
granted to you. You will not provide any Information to any third parties
without our prior written consent. You will comply with all proprietary and
restrictive notices that may appear in the Title(s). This condition 4 shall
survive any expiration or termination of the Contract. You will use all reasonable efforts to prevent any unauthorised third party access to the Title(s) or the Information.
||LICENCE – RESTRICTIONS ON USE
|You are granted a non-exclusive, non-transferable, limited licence to
access and use the Title(s) for your personal use only. This licence is
subject to the following limitations:
||The right to electronically display Title(s) retrieved from Our Site is limited to the display of such Title(s) primarily to one person at a time;
||The right to obtain a printout of Title(s) is limited to a single printout of the Title(s) obtained using the printing commands of Our Site or your web browser software or the creation of a single printout of the Title(s) downloaded via downloading commands of Our Site or your web browser software; and
||The right to retrieve and store machine-readable copies of Title(s) is limited to the retrieval of a single copy of the Title(s) included in any individual file of Our Site using the downloading commands of Our Site or your web browser software and storage of that copy in machine-readable form.
|To the extent expressly permitted by applicable copyright law you may
make copies of the printout referred to in condition 5.1.2 and distribute
||Except as specifically provided in condition 5.1 you are otherwise
prohibited from downloading, storing, reproducing, transmitting,
displaying, printing, copying, distributing or using Title(s) retrieved from
Our Site. You may not print or download Title(s) without using the printing
or downloading commands of Our Site or your web browser software. All
access to and use of Our Site via mechanical, programmatic, robotic,
scripted or any other automated means is strictly prohibited. Use of Our
Site is permitted only via manually conducted, discrete, individual search
and retrieval activities.
||If you print off, copy or download any part of Our Site or any Title in
breach of these conditions of use, your right to use Our Site and any
Title(s) will cease immediately and you must, at our option, return or
destroy any copies of the Title(s) and materials you have made.
||All right, title and interest (including all copyrights and other intellectual
property rights, patents, rights to inventions, copyright and related rights,
trade marks, trade names, domain names, rights in get-up, rights in
goodwill or to sue for passing off, unfair competition rights, rights in
designs, rights in computer software, database rights, topography rights,
moral rights, rights in confidential information (including know-how and
trade secrets) and any other intellectual property rights, in each case
whether registered or unregistered, and including all applications for, and
renewals or extensions of, such rights, and all similar or equivalent rights
or forms of protection in any part of the world) in Our Site and Title(s) (in
both print and machine-readable forms) belong to us or our third party
suppliers of materials. You acquire no ownership of copyright or other
intellectual property rights or proprietary interest in Our Site, Title(s), or
||Except as specifically provided herein, you may not use Our Site or Title(s)
retrieved from Our Site in any fashion that infringes the copyright or
proprietary interests therein.
||Our status (and that of any identified contributors) as the authors of
material on Our Site must always be acknowledged. You may not remove
or obscure the copyright notice or other notices contained in Title(s)
retrieved from Our Site.
||ACCESSING OUR SITE
||Access to Our Site is permitted on a temporary basis, and we reserve the
right to withdraw or amend the service we provide on Our Site without
notice. We will not be liable if for any reason Our Site is unavailable at any
time or for any period.
||From time to time, we may restrict access to some parts of Our Site, or
our entire site.
||Title(s) and features may be added to or withdrawn or otherwise changed
||If you choose, or you are provided with, a user identification code,
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 user
identification code or password, whether chosen by you or allocated by us,
at any time, if in our opinion you have failed to comply with any of the
provisions of these conditions of use.
||You must ensure that each person having access to the Title(s) is using
those Title(s) only in accordance with these conditions.
||You are responsible for making all arrangements necessary for you to
have access to Our Site. You are also responsible for ensuring that all
persons who access Our Site through your internet connection are aware
of these conditions, and that they comply with them.
||RELIANCE ON INFORMATION POSTED
||The Title(s) are provided for reference purposes only and are not intended,
nor should they be used, as a substitute for professional advice or
judgement or to provide medical advice with respect to particular
circumstances. Commentary and other materials posted on Our Site are
not intended to amount to advice on which reliance should be placed. We
therefore disclaim 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.
||OUR SITE CHANGES REGULARLY
||We aim to update Our Site regularly, and may change the content at any
time. If the need arises, we may suspend access to Our Site, or close it
indefinitely. Any of the material on Our Site may be out of date at any
given time, and we are under no obligation to update such material.
||We represent and warrant that we have the right and authority to make
the Title(s) available pursuant to these conditions.
||Except as otherwise provided in condition 9.1, Our Site and Title(s) are
provided on an "as is ", "as available" basis and we make no express
warranties under this agreement, including, without limitation, that Our
Site and Title(s) are or will be free from errors.
|| To the extent permitted by law we hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
||The following provisions set out the entire financial liability of Espicom and
third party contributors (including any liability for the acts or omissions of
employees, agents and sub-contractors) to you in respect of:
||any breach of the Contract;
||any use made by you of Our Site, the Title(s) or any part of them; and
|| any representation, statement or tortious act or omission (including negligence) arising under or in connection with the Contract.
||All warranties, conditions and other terms implied by statute or common
law are, to the fullest extent permitted by law, excluded from the
||Nothing in these conditions excludes our liability:
||for death or personal injury caused by the our negligence; or
||for fraud or fraudulent misrepresentation.
||Subject to condition 10.2 and condition 10.3:
||we shall not be liable, whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation or otherwise for:
||(a) loss of profits; or
(b) loss of business; or
(c) depletion of goodwill or similar losses; or
(d) loss of anticipated savings; or
(e) loss of goods; or
(f) loss of contract; or
(g) loss of use; or
(h) loss or corruption of data or information; or
(i) any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.
||Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the price paid for the Title(s).
||We shall have no liability to you under the Contract if we are prevented
from, or delayed in, performing our obligations under the Contract or from
carrying on our business by acts, events, omissions or accidents beyond
our reasonable control, including, without limitation, strikes, lock-outs or
other industrial disputes (whether involving the workforce of Espicom or
any other party), failure of a utility service or transport network, act of
God, war, riot, civil commotion, malicious damage, compliance with any
law or governmental order, rule, regulation or direction, accident,
breakdown of plant or machinery, fire, flood, storm or default of suppliers
||If we fail, at any time during the term of a contract, to insist upon strict
performance of any of your obligations under the contract or any of these
conditions, or if we fail to exercise any of the rights or remedies to which
we are entitled under the contract, this shall not constitute a waiver of
such rights or remedies and shall not relieve you from compliance with
||A waiver by us of any default shall not constitute a waiver of any
||No waiver by us of any of these conditions shall be effective unless it is
expressly stated to be a waiver and is communicated to you in writing in
accordance with clause 16.1 below.
||If any provision of the Contract is found by any court or administrative
body of competent jurisdiction to be invalid, unenforceable or illegal, the
other provisions shall remain in force.
||If any invalid, unenforceable or illegal provision would be valid,
enforceable or legal if some part of it were deleted, the provision shall
apply with whatever modification is necessary to give effect to the
commercial intention of the parties.
||These conditions and any document expressly referred to in them
represent the entire agreement between us in relation to the subject
matter of any contract and supersede any prior agreement, understanding
or arrangement between us, whether oral or in writing.
||The parties each acknowledge that, in entering into this agreement,
neither party has relied on any representation, undertaking or promise
given by the other or be implied from anything said or written in
negotiations between the parties prior to such contract except as
expressly stated in these conditions.
||Neither party shall have any remedy in respect of any untrue statement
made by the other, whether orally or in writing, prior to the date of any
contract (unless such untrue statement was made fraudulently) and the
other party’s only remedy shall be for breach of contract as provided in
||Applicable laws require that some of the information or communications
we send to you should be in writing. When using Our Site, you accept that
communication with us will be mainly electronic. We will contact you by email
or provide you with information by posting notices on our website.
For contractual purposes, you agree to this electronic means of
communication and you acknowledge that all contracts, notices,
information and other communications that we provide to you
electronically comply with any legal requirement that such
communications be in writing. This condition does not affect your
||All notices given by you to us must be given to Espicom Limited at Lincoln
House, City Fields Business Park, City Fields Way, Tangmere, Chichester,
West Sussex, PO20 2FS, ENGLAND [OR E-MAIL ADDRESS]. We may give
notice to you at either the e-mail or postal address you provide to us when
placing an order, or in any of the ways specified in clause 15.1 above.
Notice will be deemed received and properly served immediately when
posted on our website, 24 hours after an e-mail is sent, or three days
after the date of posting of any letter. In proving the service of any
notice, it will be sufficient to prove, in the case of a letter, that such letter
was properly addressed, stamped and placed in the post and, in the case
of an e-mail, that such e-mail was sent to the specified e-mail address of
||Any notice under the Contract shall be in writing and shall be delivered by
hand or sent by pre-paid first-class post or recorded delivery post to the
other party at its address as set out in the Contract, or such other address
as may have been notified by that party for such purposes, or sent by fax
to the other party's fax number as set out in the Contract. A notice
delivered by hand shall be deemed to have been received when delivered
(or if delivery is not during business hours, at 9.00 am on the first
business day following delivery). A correctly addressed notice sent by prepaid
first-class post or recorded delivery post shall be deemed to have
been received at the time at which it would have been delivered in the
normal course of post. A notice sent by fax shall be deemed to have been
received at the time of transmission (as shown by the timed printout
obtained by the sender).
||You will not, without our prior written consent, assign, transfer, charge,
sub-contract or deal in any other manner with all or any of your rights or
obligations under the Contract.
||We may at any time assign, transfer, charge, sub-contract or deal in any
other manner with all or any of our rights or obligations under the
||NO PARTNERSHIP OR AGENCY
||Nothing in the Contract is intended to or shall operate to create a
partnership between the parties, or to authorise either party to act as
agent for the other, and neither party shall have authority to act in the
name or on behalf of or otherwise to bind the other in any way (including
but not limited to the making of any representation or warranty, the
assumption of any obligation or liability and the exercise of any right or
||THIRD PARTY RIGHTS
||Each third party supplier of materials has the right to assert and enforce
these provisions directly on its own behalf as a third party beneficiary.
||Save for the owners of any intellectual property supplied by us, no third
party shall acquire any rights under this Agreement and the provisions of
the Agreements (Rights of Third Parties) Act 1999 are excluded.
||Espicom recognises the importance that you place on your data protection
rights when using the Internet. This policy has been prepared to inform
you of how any information that you voluntarily provide to Espicom via our
web site will be used and what choices you have.
||Data collected on this web site is held by Espicom and may be used for
marketing and customer services purposes by Espicom. Espicom takes
every precaution to protect your data. All personal data submitted is held
in a secure database, accessible only by authorised Espicom personnel.
||Requests for personal details vary according to the type of online form you
complete but are, in all instances, primarily to give Espicom the
opportunity to contact you, either as a direct response to a request or to
follow-up a request for the provision of Espicom information. Some
information requests (such as 'How did you hear about Espicom?') may
form part of an internal marketing survey and be used for analysis by
Espicom. This information is solely for use by Espicom and will not be
disclosed to any third party.
||Personal data is only collected openly through the use of forms you
complete and submit. Unless otherwise stated, Espicom will hold your
details on file for future targeted marketing campaigns.
||If you have completed a registration form for an Intelligence Update, each
Update you receive will include an 'unsubscribe' facility should you no
longer wish to receive information in this way.
||The only information Espicom has about you is provided by you. For this
reason, if any of your contact details change and you wish to continue to
receive information from Espicom, please inform us of the changes. Full
contact details for Espicom are available on the 'Contact us' page on this
||JURISDICTION AND APPLICABLE LAW
||The English courts will have exclusive jurisdiction over any claim arising
from, or related to, a visit to Our Site although we retain the right to bring
proceedings against you for breach of these conditions in your country of
residence or any other relevant country. These conditions of use are
governed by English law.
||We may revise these conditions of use at any time by amending this page.
You are expected to check this page from time to time to take notice of
any changes we made, as they are binding on you. Some of the provisions
contained in these conditions of use may also be superseded by provisions
or notices published elsewhere on Our Site.
||Customers are not entitled to receive any refund of any sums paid unless otherwise agreed in writing by the supplier