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FYI365.COM is the property of FYI365 Limited.
THIS AGREEMENT sets forth the Terms and Conditions governing your access to and
the use of the FYI365.COM Web Site and all information, productions, software,
services, features and materials contained therein. By accessing or using any
part of FYI365.COM you agree to be bound by the following conditions of use. If
you do not wish to be bound by these conditions, you may not access or use
FYI365.COM. This Agreement set outs the rights and responsibilities of
FYI365.COM and certain rights between buyers and suppliers using this website
although it will be for each individual buyer and supplier to negotiate any of
the terms of sale relating to a particular transaction between themselves. Save
where otherwise expressly stated FYI365.COM acts only as a neutral platform and
conduit through which buyers and suppliers can conduct business. Please read
this Agreement carefully before accepting it and completing your registration.
By completing your registration you accept without limitation or qualification
all of the terms and conditions in this Agreement.
To keep up to date with the continual expanding and changing nature of commerce
we may change these conditions at anytime without notice to you. By your
continued access and use of FYI365.COM you agreed to be bound by the most
current version of the condition of use, and in order to continue using the
FYI365.COM website you will be required to accept any amendment of this
Agreement.
1. WEBSITE
1.1 By accepting this Agreement you warrant that you have the required legal
capacity to enter into this Agreement and that the information that you will
submit on registration is true and accurate and not misleading. If you are
registered on behalf of an organisation you warrant that you are duly
authorised to enter into this Agreement on behalf of such an organisation.
FYI365.COM are not responsible for any information provided by an individual or
Organization on registration. FYI365.COM cannot and do not confirm that each
user is who they claim to be.
1.2 We will not disclose personal contact and payment dates relating to
individual users or organisations other than to buyers and suppliers on
FYI365.COM in order to facilitate a transaction or proposed transaction and
will use all reasonable endeavours to prevent disclosure of the same by any
third parties. You acknowledge that in the course of you using this website you
will receive certain non-public information provided by other users and
suppliers and you agree to keep such information confidential and will not
disclose such information in whole or in part to any person other than your
representatives. Such information shall be used by each user solely in
connection with validating information on this website or contacting
prospective buyers or sellers and shall not be used in any other manner or for
any purpose detrimental to the party who has disclosed such information.
1.3 Subject to applicable third party content providers’ licenses, you may
electronically copy and print on hard copy, portions of FYI365.COM for your
personal use only. You are not permitted to sell or trade in material so
copied. Any other use, modification, distribution, publication, without the
prior written consent of FYI365.COM is strictly prohibited.
2. JURISDICTION
2.1 Every transaction conducted on this website is deemed to be performed in the
United Kingdom. All Agreements and all relationships arising out of the use of
this website, including all purchasing and sales activity in respect of goods
and services are governed by English Law. FYI365.COM operates within the
country of England, however it can be accessed from other places around the
world. Although these places may have different laws to those of England, by
accessing FYI365.COM you agree and are bound to the laws of England and those
laws, without regard to any rules relating to the conflict of laws, will apply
to all matters relating to the use of FYI365.COM.Therefore if you are not
resident in England or Wales please be aware that the laws of your country
might be different from the laws of England and the implications thereof.
3. USE OF THIS WEBSITE
3.1 Save where specifically set out below FYI365.COM is not an Agent for and
does not vouch for those persons, companies and other organisations whose goods
or services may be displayed or referred to in FYI365.COM, nor for the
availability, suitability or prices of such goods and services, nor for the
legal entitlement, competencies, professional qualifications, trade
certifications, or memberships of trade associations of such persons, companies
or other organisations.
3.2 FYI365.COM advises the users to satisfy themselves as to the exact type and
nature of goods or services being offered or qualifications held by those
persons, companies and other organisations whose goods or services may be
displayed, offered or referred to in FYI365.COM.
3.3 FYI365.COM may make available certain financial information provided by
users of this website including information regarding the industries,
companies, stocks, investments and securities. Such investment information is
for information purposes only and you should not construe it as investment
advice or use it for trading or investing purposes. You are strongly advised
that when making any financial investment decision you have already sought
appropriate professional advice from a qualified Financial Advisor.
3.4 FYI365.COM may make available certain information provided by third parties
using this website and FYI365.COM recommends that before any such information
is used in respect to any issues or questions that you may have relating to
medicine, law, accounting or any other profession that you seek advice from a
qualified professional.
4. CREDIT REFERENCE AGENCY SERVICES
4.1 FYI365.COM provides a credit reference agency service. You accept that you
are legally bound by any purchase order that you make for the supply of this
service through your FYI365.COM account.
5. OPERATION OF WEBSITE
5.1 FYI365.COM reserve the unilateral right to cancel or withdraw any form of
listing or terminate or suspend entire services where at its sole discretion it
believes it has compelling legal or technical reasons to do so (including
without limitation technical difficulties experienced by FYI365.COM or on the
internet) and may in its absolute discretion refuse or remove purchase orders
or remove from sale or re-post for sale listing in respect of which there is a
dispute or which are withdrawn by the supplier or manufacturer.
6. MANIPULATION
6.1 You as a user of the FYI365.COM website agree that you will not manipulate
any transaction using the FYI365.COM website or otherwise misuse the service
provided by the website in anyway. In particular you will not manipulate the
price of any item product or service.
7. DELIVERY
7.1 Users of FYI365.COM website shall be at liberty to agree terms between
themselves for the delivery of any product and FYI365.COM will not become
involved in negotiation or discussion of such terms and expressly exclude
liability for any late delivery, failure to delivery, short delivery or any
breach of such agreed terms whatsoever by any supplier with whom you might
enter contract with when using the FYI365.COM website.
8. SUSPENSION OR TERMINATION OF YOUR ACCOUNT
8.1 Without limiting any other remedies, we may suspend or terminate your
account if you are found by conviction, settlement, insurance investigation, or
otherwise, to have engaged in activity in breach of this Agreement, or if you
bring the FYI365.com brand into disrepute.
9. SECURITY
9.1 You are responsible for keeping your user name and password confidential.
Once FYI365.COM has provided you with a user name and password only you and
your employers are permitted to use it. If you have discovered that another
party has gained access to your user name and password you should notify
FYI365.COM immediately at service@fyi365.com and we will issue you with a new
user name and password.
9.2 In the event that you have a dispute with one or more other users of this
website you agree to release FYI365.COM and its agents and employees from
claims, demands and damages whether actual or consequential of any kind and
nature, known and unknown, suspected and unsuspected, disclosed and undisclosed
arising out of or in anyway connected with such dispute. If you have any
dispute with any other user of this website you must resolve the dispute with
the other user. FYI365.COM is a neutral platform and therefore cannot and will
not get involved in such dispute.
10. NO LICENCE
10.1 Except as expressly provided nothing contained in these provisions or
anywhere on FYI365.COM shall be construed as confirming any License under
FYI365.COM's or any third parties intellectual property rights. Upon becoming a
user of this website you are granted a limited non-exclusive and
non-transferable License to access and use the site in accordance with this
Agreement.
11. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
11.1 FYI365.COM is provided by FYI365 Limited on an "As is" and "As and when
available" basis to users and no representation or warranty of any kind is made
to you, either expressed or implied, including but not limited to, the implied
warranties of merchantability, fitness for a particular purpose or
non-infringement, arising under statute or under the common law, or from a
course of dealing or custom, or trade practice, is made in relation to the
accuracy, reliability, completeness, up to date nature or contents of the
materials or pages on the site, and FYI365.COM disclaims all responsibility and
liability there from.
11.2 Save where otherwise expressly stated within these terms and conditions,
FYI365.COM acts only as a medium for users and is not a party to any contract
between buyers or sellers entering into transactions through use of this
website therefore FYI365.COM has no control over and accepts no liability for,
the quality, accuracy, or legality of the information furnished by the third
party including any use, or their capacity to enter into this Agreement.
Furthermore, we have no control over whether any supplier will complete the
sale of products or services offered, or whether any buyer will complete the
purchase of products or services.
12. LIMITATION OF LIABILITY
12.1 Neither FYI365.COM nor its associated content provider organisations seek
to limit or exclude liability for death or personal injury arising from their
negligence.
12.2 Under no circumstances, including but not limited to negligence, shall
FYI365.COM or any of its officers, directors, shareholders, employees,
affiliates, agents, sponsers, licensers or any third party involved in the
production, maintenance, creation or distribution of FYI365.COM, be liable for
any direct, indirect, incidental or consequential damages and or loss (
including but not limited to loss of profits, loss of use, business, savings,
goodwill, loss of data or any other tangible losses ) that result from either:-
(i) the use and reliance on FYI365.COM; or
(ii) the inability to use FYI365.COM; or
(iii) mistakes, omissions, interruption, terminations, suspension, deletion of
files or Emails, errors, defects, viruses, delay in operation, transmission or
service response time, or any failure of performance in respect of FYI365.COM
including without limitation those arising from acts of God, communications
failure, theft, destruction or unauthorised access to FYI365.COM records,
programmes or services; or
(iv) merchandise, products or services received through or advertised on
FYI365.COM and merchandise products or services received through or advertised
on any links provided by FYI365.COM; or
(v) information or advice received through or advertised on FYI365.COM and
information or advice received through or advertised on any links provided on
FYI365.COM; or
(vi) Any information, data, text, messages and other materials that you Email,
post upload, reproduce, transmit or otherwise distributed using FYI365.COM.
12.3 Without limiting the preceding paragraph, the liability to FYI365.COM under
this Agreement (other than in the event of fraudulent misrepresentation or a
breach of an implied condition as to title) shall not exceed the amount paid by
you to FYI365.COM for access to and use of these services or the site for the
period of 12 months.
12.4 If any jurisdiction does not allow the exclusion or limitation of liability
for consequential or incidental damages, liability is limited to the fullest
extent permitted by law.
12.5 FYI365.COM is unable to ensure or guarantee the security of any information
transmitted over the Internet. Any such information or data which you transmit
to or by using FYI365.COM is done entirely at your own risk and FYI365.COM
shall not be responsible or liable for any damages or injury that may result
from transmitting such information.
13. PAYMENT
13.1 FYI365.COM will accept payment by Visa, MasterCard, Delta or Switch or by
cheque payable to FYI365 Limited. FYI365 Limited reserve the right to decline
payment in any of these forms without notice to you. FYI365 Limited reserves
the right to withdraw any payment methods at any time and to vary its prices
without notice to you.
13.2 All charges for the services are payable in advance. Any indulgence given
by FYI365 Limited to you in respect of time for payment is entirely at its
discretion and shall not operate as a waiver of any power, rights or remedies
of FYI365 Limited.
13.3 All Directory and Advertising Services are supplied on an annual basis and
shall be renewed and charged accordingly upon the anniversary of the date the
order was placed or payment made unless you give FYI365 Limited at least thirty
days notice in advance of the anniversary date that you do not wish to renew
the contract.
14. TERM
14.1 The Services are provided for an initial period of 12 months from the date
you place or make payment for the order with FYI365.COM. Thereafter this
agreement will renew for additional periods of 12 months on payment of the
renewal fee.
15. CANCELLATION
15.1 If you wish to cancel any of the services supplied prior to the anniversary
of the 12 month period, FYI365.COM will not be liable to refund any payments
made in respect to the remainder of the period outstanding.
16. COPYRIGHT
16.1 Except where otherwise noted, FYI365.COM owns legally and beneficially, all
the intellectual property rights in the content of all the FYI365.COM web
pages, including the design, text, graphics and arrangement thereof and in the
software therein. Such intellectual property rights include, without
limitation, copyrights and database rights in the information displayed as
FYI365.COM search results.
FYI365.COM map images may contain Ordnance Survey data which is protected by
Crown copyright. Unauthorised reproduction may lead to prosecution and/or civil
proceedings. You must obtain prior written permission from Ordnance Survey for
all other uses and/or copies made.
17. MISCELLANEOUS
17.1 These conditions and any or all documents specifically referenced herein
constitute the entire agreement between you and FYI365.COM with respect to the
subject matter hereof. If any provision contained in theses terms and
conditions is determined by a court of competent jurisdiction to be illegal,
invalid or otherwise unenforceable, that provision shall be severed from these
terms and conditions and the remaining provisions shall continue in full force
and effect.
17.2 Assignment
You may not assign your rights or delegate your duties under this Agreement.
17.3 Merger
This Agreement and any documents incorporated by an expressed reference
constitute the entire Agreement between the parties with respect to the subject
matter hereof. All prior Agreements, understandings, negotiations or
representations, whether oral or in writing, relating to the subject matter
hereof are superseded and cancelled in their entirety.
17.4 Suspension or discontinuance of service
FYI365.COM may suspend or discontinue the operation of this website with or
without cause and with or without notice. FYI365.COM may pursue any other
remedy legally available to it if you fail to comply with any of your
obligations hereunder.
17.5 Waiver
FYI365.COM's failure to enforce any provision hereof shall not constitute or be
construed as a waiver of such provision or of the right to enforce it at a
later time.
17.6 Severance
If any provision hereof is adjudged to be invalid, void, or unenforceable, the
parties agree that the remaining provisions hereof will not be effected thereby
and that the provision in question may be replaced by the lawful provision that
most nearly embodies the original intention of the parties, and this Agreement
will in any event remain valid and enforceable.
17.7 Force Majeur
FYI365.COM shall not be liable for any failure to perform its obligations under
this Agreement if such failure results from any act of God or other cause
beyond its reasonable control (including, without limitation, any mechanical,
electronic or communications failure).
17.8 Trade Marks
FYI365, the FYI365 logo and device and FYI365.COM are trade marks of FYI365
Limited. No third party shall make any use of such trade marks or any other
third party trade marks licensed by us on this website without the express
written consent of FYI365 Limited. All other trade marks, product names,
company names or logos cited anywhere on FYI635.COM are the property of there
respective owners.
17.9 Accessing third party sites
Whilst using FYI365.COM you will likely access third party websites through
search results displayed on FYI365.COM and links contained on FYI365.COM. Such
third party websites are not under the control of FYI365.COM and FYI365.COM is
not responsible for the availability of such sites or their contents and
FYI365.COM shall not be responsible or liable directly or indirectly for the
accuracy, content, timeliness, completeness, legality, reliability, quality,
suitability, merchantability, or decency of any information, advice, content,
service, product, or merchandise contained in sites linked to FYI365.COM.
This Edition of Terms and Conditions is dated September 2003.
Copyright © FYI365 Ltd.
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