1. IMPORTANT INFORMATION
1.1 Please read these terms and conditions carefully before using this Web Site operated by Zubed GeosPatial Limited ("our", "we" or "us") accessible via the URL www.zubedsales.com (the "Web Site"). The terms and conditions form the entire agreement (the "Agreement") between us and you the user.
1.2 In particular, we draw your attention to clauses 2 (Using our Web Site) and 3 (Liability and Indemnity). Without prejudice to the above, by using or accessing our Web Site you agree to be legally bound by the Agreement as it applies to your use or access to our Web Site. If you do not wish to be bound by this Agreement (including our privacy policy) then you may not use our Web Site and must stop immediately.
1.3 This Web Site is intended to be used by users based in England and Wales. If you are outside England and Wales and use this Web Site you must do so in compliance with this Agreement and we accept no liability so far as we are able for breaches of any local laws in your jurisdiction. By accepting this Agreement you acknowledge that it is your responsibility to ensure that any such laws are complied with.
2. USING OUR WEB SITE
2.1 Our Web Site operates as a business opportunity search and analysis tool.
2.2 Users registered on the Web Site can search our Web Site and annotate records to manage their business opportunities. ("Service").
2.3 You agree that any content posted by you on the Web Site shall not infringe any applicable laws, regulations or third party rights (including, but not limited to being likely to cause annoyance, anxiety, inconvenience or embarrassment to others, obscene, indecent, pornographic, seditious, defamatory, threatening, liable to incite racial or religious hatred, menacing, blasphemous, in breach of any third party’s intellectual property rights or otherwise contrary to law) ("Inappropriate Content"). We reserve the right to take down any Inappropriate Content that you post on the Web Site and to suspend your access to the Web Site.
2.4 You may not (i) “scrape” any of the content posted on the Web Site by downloading it through any automated method or (ii) subject the Web Site to any other automated tools such as “robots”.
3. LIABILITY AND INDEMNITY
3.1 We will do our best to ensure that all content published on our Web Site (“Content”) is accurate.
3.2 You agree to defend, indemnify and hold harmless us, our officers, directors, employees and agents against any and all claims, actions or demands alleging or resulting from (i) any content you provide to us, (ii) any Web Site content you use or (iii) your breach of these terms and conditions.
3.3 All materials and information on our Web Site are provided on an 'as is' basis. We exclude implied terms, conditions, warranties, representations or endorsements whatsoever so far as we are able with regard to any material posted on this Web Site by users or any information or service provided through our Web Site.
3.4 We accept no liability for any indirect or consequential loss or damage, or any loss of data, loss of profit, revenue or business whether direct or indirect in each case, however caused, even if foreseeable to the fullest extent permitted by applicable law. In circumstances where you suffer loss or damage arising out of or in connection with your use of the Service or the Content , we accept no liability for this loss or damage, whether due to inaccuracy, error, omission or any other cause and whether on the part of us or on our servants, agents or any other person or entity.
3.5 If we are liable to you for any reason, our liability will be limited to the amount paid by you for the Service in the year in which such liability arose. This limit does not apply to any liability we may have for death or personal injury resulting from our negligence or from fraudulent misrepresentation.
3.6 You are responsible for ensuring that your computer system meets all relevant computer specifications necessary to use the Service and is compatible with our Web Site. You also understand that we cannot and do not guarantee or warrant that any material available for down-loading from the on-line servers will be free from infection, viruses or other code with contaminating or other destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular Vacancies for the accuracy of data input and output.
3.7 The limitations and exclusions in this condition do not affect your non excludable statutory rights and can be applied to the extent permitted by applicable law.
4. CONDITIONS OF ACCESS TO THE WEB SITE
4.1 Access to the Web Site is dependent upon your registration being accepted by us and (where applicable) you have paid the subscription fee as set out in the Payment Terms. You must complete the online form accurately and (where applicable) the payment details set out in the Payment Terms and include all required relevant information. If we are notified by any source that any information you have supplied is false or you are in breach of any of these terms and conditions (including the Payment Terms), then we may terminate or suspend your use of the Service at any time acting in our sole discretion.
4.2 You must ensure that your password (if issued) is kept confidential and must not allow any other third party to use your password. If we have reasonable grounds to suspect that you have breached this sub-clause we may change your password or suspend your access to the Web Site.
5. PRIVACY POLICY
5.1 The following applies to any information you provide to us, whether during registration or subsequent use of the Service.
5.2 You authorise us to use, store or otherwise process any information which relates to and identifies you in a professional or personal capacity, including but not limited to your name and address, job title, telephone numbers and email addresses to the extent reasonably necessary to provide the Service. Information collected by us shall be referred to in these terms and conditions as "Information".
5.3 You understand and agree that we may disclose to third parties all Information you provide to us through your use of the Service.
5.4 You agree that any use of your Information may be amended to include other uses or disclosures of Information following notification to you by means of a notice on our Web Site, which you should check regularly. If you would like to review or modify any part of your Information then you should email us from the contact page on the Web Site or modify your Information on-line.
5.5 You must ensure that the Information you provide is accurate and complete.
5.6 We have the right to monitor any Information provided by you and may edit, reject or remove such information if we believe it is offensive or objectionable in any way and you warrant that the Information you provide is not libellous or in any way unlawful.
5.7 Our use of your Information is governed by our privacy policy. Please click here to read our privacy policy.
6. WEB SITE AVAILABILITY
6.1 The internet is an unreliable medium and may not always work and is outside our control, we will try to make our Web Site available but cannot guarantee that our Web Site will operate continuously without interruptions or be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of our Web Site and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, Web Site, router or any other internet connected device. We do not accept any liability for loss of data or interruption to the service caused by the breakdown, error, loss of power or otherwise caused by or to your computer system.
7. INTELLECTUAL PROPERTY RIGHTS
7.1 The contents of the Web Site, including text, graphics, images, logos, buttons and software are protected by international copyright laws and other intellectual property rights. The owner of these rights is Zubed Geospatial Limited, its affiliates and other third party licensors. All products and company names and logos contained within our Web Site or the on line service are the trade marks, service marks or trading names of their respective owners, including us.
7.2 You may not sell, modify, reproduce, display or distribute any content of the Web Site without our prior written permission.
7.3 You grant to us and our affiliated companies a perpetual, non-exclusive, irrevocable, sublicenseable royalty-free licence to use, publish, distribute, reproduce, adapt, modify, create derivative works from and translate content submitted by you, including the right to incorporate it into other works in any form, media or technology now known or later developed for the full term of any rights that may exist now in such content.
8. LINKS
8.1 We make no representations whatsoever in relation to any other Web Sites which you may access through our Web Site. When you access any other Web Site you understand that it is independent from our Web Site and that we have no control over the content or availability of that Web Site. In addition, a link to any other Web Site does not mean that we endorse or accept any responsibility for the content, or for the use of, such a Web Site and 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 content, goods or Service available on or through any other web or resource. Any concerns regarding any external links should be directed to its Web Site administrator or web master.
9. GENERAL
9.1 We may assign, transfer, novate or subcontract any or all of our rights and obligations under this Agreement at any time.
9.2 We may alter this Agreement from time to time and post a new version on our Web Site, following which all use of our Web Site will be governed by that version. You must check the terms and conditions on the Web Site regularly.
9.3 You acknowledge that you have not entered into this Agreement in reliance upon any warranty or representation made by us or any other person and you waive any rights to damages, rescission you may have for misrepresentation (other than a fraudulent misrepresentation) that is not contained in the terms and conditions, privacy policy, site disclaimer, payment details and payment method instructions.
9.4 If any provision or terms of this Agreement shall become or be declared illegal, invalid or unenforceable for any reason whatsoever under any applicable jurisdiction such terms or provisions shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.
9.5 Failure by either party to exercise any right and remedy under this Agreement does not constitute a waiver of that right or remedy.
9.6 These terms and conditions do not confer any rights on any third party pursuant to and in accordance with the Contract (Rights of Third Parties) Act 1999.
10. GOVERNING LAW
10.1 The Agreement and the use of our Web Site are governed by and construed in accordance with the laws of England.
10.2 You irrevocably agree for the exclusive benefit of us that the courts of England and Wales shall have jurisdiction to hear and determine any suit action or proceeding and to settle any dispute which may arise out of or in connection with this Agreement and for such purposes you irrevocably submit to the jurisdiction of the courts of England and Wales as regards any claim, dispute or matter arising out of or relating to this Agreement or any of the documents to be executed pursuant to this Agreement.
10.3 Nothing contained in this clause shall limit our right to take proceedings against you in any other court of competent jurisdiction nor shall the taking of any such proceedings in one or more jurisdictions preclude the taking of proceedings in any other jurisdiction whether concurrently or not (unless precluded by applicable law).
10.4 You irrevocably waive any objection which you may have now or in the future to the courts of England being nominated for the purposes of this clause on the ground of venue or otherwise and agree not to claim that any such court is not a convenient or appropriate forum.
11. NOTICES
11.1 All notices shall be sent to us in writing addressed to the Managing Director, Zubed Geospatial Limited, St Andrews House, Caldecotte Lake Drive, Caldecotte, Milton Keynes, MK7 8LE. We will send all notices to you by either the email or the postal address you provide during the registration process.
11.2 Notice will be deemed received when an email is received in full or else on the next business day if it is received on a weekend or a public holiday in the place of receipt or 3 days after the date of posting.