Please read these Terms and Disclaimer carefully before you start to use the Website.
By using the Website you acknowledge that you accept these Terms and that you agree to abide by them.
IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE THE WEBSITE.
1 Terms of Website Use
IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE THE WEBSITE.
2 About Us
The Website is operated by Etoile Partners Ltd ("Etoile"), a limited company, registered in England and Wales, company number 07194902 having its registered office at 43 Bridge Road, Grays, Essex, England, RM17 6BU.
If you have any comments or queries in relation to the Website, please contact us at email@example.com.
3 User Obligations and Conduct
3.1 You warrant that in using the Website you shall:-
(a) use the Website only for lawful purposes, and in a manner which does not infringe the rights of, or restrict or inhibit the use of the Website by any third party;
(b) not engage in any conduct which is unlawful, or which may harass or cause distress or inconvenience to any person;
(c) not upload, post, transmit or distribute any material or information where you do not own or have the right to use the intellectual property rights, or any material which is unlawful or which is potentially harmful, threatening, abusive, libelous, defamatory, pornographic or otherwise obscene, racially or ethnically or otherwise objectionable or damaging to the reputation of Etoile;
(d) not access, interfere with, damage or disrupt any part of the Website, any equipment, systems or network used to operate the Website;
(e) not 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 or hardware;
(f) use current virus checking software when using the Website; and
(g) not reproduce, duplicate, copy or re-sell any part of and/or all parts of the Website.
3.2 You acknowledge that by breaching provisions (d) and (e) above, you may commit a criminal offence under the Computer Misuse Act 1990. Etoile may report any such breach to the relevant law enforcement authorities and co-operate with those authorities and disclose your identity, if known by Etoile.
4 Trade Marks
You acknowledge all names and logos identifying the Website, Etoile and its products and services are proprietary marks of Etoile. Nothing in these Terms shall be construed as granting you any license of any mark or of any other intellectual property right of Etoile or any third party (subject to the provisions below relating to copyright).
5.1 The copyright in the content (including but not limited to design, text and graphics) of all the pages on the Website is owned by Etoile or its licensors (except where otherwise stated). Reproduction of part or all of the contents in any form is prohibited other than in accordance with the remainder of this clause 5.
5.2 Etoile authorises you to:-
(a) view and display the content of the Website; and
(b) print or download to a local or network hard drive extracts from or whole pages for your personal use provided you do not delete the copyright notice "© Etoile" from all such printouts and downloads,
provided that you comply with the User Obligations and Conduct (detailed in clause 3.1 above).
5.3 You must not modify paper or digital copies of any materials that you have printed off or downloaded in any way from the Website and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
5.4 You are not permitted to incorporate any materials, or any part of the materials, from the Website to any other work or publication, whether in hard copy or electronic or any other form.
5.5 You may not:-
(a) systematically extract and/or re-utilise parts of the Website; or
(b) use substantial parts of the Website (such as our prices and product listings) to create and/or publish your own database.
5.6 No part of the Website may be distributed or copied for any commercial purpose.
Nothing in the Website shall be deemed to constitute advice or a recommendation to purchase any products or services from Etoile or a particular partner.
7 Reliance on information posted
All specifications outlined on the Website are indicative only and are subject to change. Any materials and information contained or referred to on the Website may be out of date at any given time, and Etoile is under no obligation to update such material.
8 Site availability
Etoile reserves the right to withdraw or amend the Website and any information contained therein without notice. Etoile will not be liable if for any reason the Website is unavailable at any time or for any period. Etoile aims to update the Website regularly, and may change the content of the Website at any time. If the need arises, Etoile may suspend access to the Website, or close it indefinitely.
9 Our Liability
ETOILE DOES NOT GUARANTEE OR WARRANT THAT THE CONTENT OF THE WEBSITE IS ACCURATE, COMPLETE OR CURRENT AT ANY TIME. ETOILE EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY LAW;
(A) ANY AND ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW, THE LAW OF DELICT OR OTHERWISE;
(B) ANY AND ALL LIABILITY FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE INCURRED BY ANY USER IN CONNECTION WITH THE WEBSITE OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR RESULTS OF THE USE OF THE WEBSITE, ANY WEBSITES LINKED TO IT AND ANY MATERIALS CONTAINED OR POSTED ON IT, INCLUDING WITHOUT LIMITATION, ANY LIABILITY FOR LOSS OF INCOME OR REVENUE, BUSINESS PROFITS OR CONTRACTS, ANTICIPATED SAVINGS, LOSS OF OPPORTUNITY, REPUTATION, OR GOODWILL, WASTED MANAGEMENT OR OFFICE TIME, LOSS OF INFORMATION AND LOSS OF, OR CORRUPTION TO, DATA AND FOR ANY FURTHER LOSS OR DAMAGE OF ANY KIND HOWSOEVER ARISING AND WHETHER CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORSEEABLE.
WITHOUT LIMITATION, ETOILE DOES NOT UNDERTAKE, REPRESENT, WARRANT OR GUARANTEE THAT THE WEBSITE AND ANY DOCUMENTS, FILES AND INFORMATION HOSTED OR DOWNLOADED FROM THE WEBSITE WILL BE FREE FROM ANY VIRUSES, TROJAN HORSES, WORMS, TIME BOMBS, KEYSTROKE LOGGERS, SPYWARE, ADWARE AND/OR OTHER HARMFUL PROGRAMS OR COMPUTER CODE DESIGNED TO ADVERSELY AFFECT THE OPERATION OF ANY COMPUTER SOFTWARE OR HARDWARE. ETOILE SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, COST OR EXPENSE WHICH MAY BE SUFFERED BY ANY PERSON ARISING FROM ANY SUCH HARMFUL PROGRAMS OR COMPUTER CODE.
NOTHING IN THIS CLAUSE OR THESE TERMS SHALL EXCLUDE OR LIMIT ETOILE'S LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ETOILE'S NEGLIGENCE, NOR ETOILE'S LIABILITY FOR FRAUD NOR ANY TERMS IMPLIED BY SECTION 12 OF THE SALE OF GOODS ACT 1979, ANY BREACH OF SECTION 2 OF THE SUPPLY OF GOODS AND SERVICES ACT 1982, NOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER ANY APPLICABLE LAW.
YOU ACKNOWLEDGE AND ACCEPT THAT COMPUTER AND TELECOMMINICATIONS SYSTEMS ARE NOT FAULT FREE AND MAY FROM TIME TO TIME REQUIRE PERIODS OF DOWNTIME (BEING PERIODS DURING WHICH THE SITE IS NOT AVAILABLE TO THE USER) FOR THE PURPOSES OF REPAIR, MAINTENANCE AND UPGRADING.
11 Data Protection
11.1 Etoile will act in accordance with current data protection legislation and aims to meet current best practice with regard to the processing of personal data.
11.2 When you provide us with personal information through the website, Etoile will collect certain information from you, such as your name, address, phone number, email address etc. Etoile may use this information to acknowledge and respond to any of your queries. If you do not wish your information to be used in this manner then please contact firstname.lastname@example.org. By providing details to Etoile you are deemed to have given consent to Etoile using such information (including, without limitation, sensitive personal data) in this manner, unless and until you inform Etoile otherwise.
11.3 Etoile will retain the personal data it holds concerning you only for as long as it believes it to be current and necessary, unless you send Etoile notice that you no longer wish it to retain this data.
12 Entire Agreement
These Terms constitute the entire agreement between Etoile and you in relation to the use of the Website. If there is any conflict between these Terms and any information posted anywhere on the Website, these Terms shall prevail.
If any of these Terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms are intended to be effective, then to the extent that the term or condition is illegal, invalid or unenforceable, it shall be severed and deleted from the Terms and the remaining Terms shall survive, remain in full force and effect and continue to be binding and enforceable.
13 Jurisdiction and Applicable Law
If anything on the Website is construed as being contrary to the laws applicable in any other country, then you acknowledge that the Website is not intended to be accessed by persons from that country and any persons who are subject to such laws should not use the Website or any information contained therein.
Etoile Partners Ltd does not guarantee or warrant that the content of the website is accurate, complete or current at any time and excludes, to the fullest extent permitted by law any and all conditions, warranties and other terms which might otherwise be implied by statute, common law, the law of delict or otherwise and any and all liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the website or in connection with the use, inability to use, or results of the use of the website, any websites linked to it and any materials contained or posted on it, including without limitation, any liability for loss of income or revenue, business profits or contracts, anticipated savings, loss of opportunity, reputation, or goodwill, wasted management or office time, loss of information and loss of, or corruption to, data and for any further loss or damage of any kind howsoever arising and whether caused by negligence, breach of contract or otherwise, even if forseeable.
Without limitation, Etoile Partners Ltd does not undertake, represent, warrant or guarantee that the website and any documents, files and information hosted or downloaded from the website will be free from any viruses, trojan horses, worms, time bombs, keystroke loggers, spyware, adware and/or other harmful programs or computer code designed to adversely affect the operation of any computer software or hardware. Etoile Partners Ltd shall not be liable for any damage, loss, cost or expense which may be suffered by any person arising from any such harmful programs or computer code.