AJE Consulting Terms
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AJE Consulting UK provides its service to you, subject to the
following Terms of Service ("TOS"), which may be
updated from time to time without notice to you. In addition,
you shall be subject to any guidelines and rules applicable
to such services which may be posted by us from time to time.
All such guides and rules are hereby incorporated by reference
into the TOS. In most cases the guides and rules are specific
to a particular part of the Service and will assist you in
applying the TOS to that part, but to the extent of any inconsistency
between the TOS and any guide or rule, the TOS will prevail.
We may also offer services from time to time that are governed
by other terms of service. In such cases the other terms of
service will be posted on the relevant service to which they
apply.
2. DESCRIPTION OF SERVICE
AJE Consulting currently provides users with access to a rich
collection of on-line resources, including, shopping services,
personalised content (the "Service"). Unless explicitly
stated otherwise, any new features that augment or enhance
the current Service, including the release of new properties,
shall be subject to the TOS. You acknowledge and agree that
the Service is provided "AS IS" and that we
assume no responsibility for the timeliness, deletion, mis-delivery
or failure to store any user communications or personalisation
settings.
In order to use the Service, you must obtain access to the
Internet, either directly or through devices that access web-based
content, and pay any service and/or telephony fees associated
with such access. In addition, you must provide all equipment
necessary to make such connection to the World Wide Web, including
a computer and modem or other access device.
3. YOUR REGISTRATION OBLIGATIONS AND SUPERVISING CHILDREN
In consideration of your use of the Service, you agree to:
(a) provide true, accurate, current and complete information
about yourself as prompted by the Service's registration form
(such information being the "Registration Data")
and (b) maintain and promptly update the Registration Data
to keep it true, accurate, current and complete. If you provide
any information that is untrue, inaccurate, not current or
incomplete, or we have reasonable grounds to suspect that
such information is untrue, inaccurate, not current or incomplete,
we have the right to suspend or terminate your account and
refuse any and all current or future use of the Service (or
any portion thereof).
AJE Consulting is concerned about the safety and privacy of all
its users, particularly children. For this reason, parents
who wish to allow their children access to the Service should
assist them in setting up any relevant accounts and supervise
their access to the Service.
4. PRIVACY POLICY
Registration Data and certain other information about you
is subject to our Privacy Policy.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon
completing the Service's registration process. You are responsible
for maintaining the confidentiality of the password and account,
and are fully responsible for all activities that occur under
your password or account. You agree to (a) immediately notify
us of any unauthorised use of your password or account and
any other breach of security, and (b) ensure that you exit
from your account at the end of each session. We cannot and
will not be liable for any loss or damage arising from your
failure to comply with this Section 5.
6. MEMBER CONDUCT
You acknowledge that all information, data, text, software,
music, sound, photographs, graphics, video, messages and other
materials ("Content"), whether publicly posted or
privately transmitted, are the sole responsibility of the
person from which such Content originated. This means that
you, and not AJE Consulting are entirely responsible for all Content
that you upload, post, email or otherwise transmit via the
Service. We do not control the Content posted via the Service
and, as such, does not guarantee the accuracy, integrity or
quality of such Content. You acknowledge that by using the
Service, you may be exposed to Content that is offensive,
indecent or objectionable. Under no circumstances will we
be liable in any way for any Content, including, but not limited
to, for any errors or omissions in any Content, or for any
loss or damage of any kind incurred as a result of the use
of any Content posted, emailed or otherwise transmitted via
the Service.
You agree to not use the Service to:
- upload, post, email or otherwise transmit any Content
that is unlawful, harmful, threatening, abusive, harassing,
tortious, defamatory, vulgar, obscene, libellous, invasive
of another's privacy, hateful, or racially, ethnically or
otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, forum leader, guide
or host, or falsely state or otherwise misrepresent your
affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order
to disguise the origin of any Content transmitted through
the Service;
- upload, post, email or otherwise transmit any Content
that you do not have a right to transmit under any law or
under contractual or fiduciary relationships (such as inside
information, proprietary and confidential information learned
or disclosed as part of employment relationships or under
nondisclosure agreements);
- upload, post, email or otherwise transmit any Content
that infringes any patent, trademark, trade secret, copyright
or other proprietary rights ("Rights") of any
party;
- upload, post, email or otherwise transmit any unsolicited
or unauthorised advertising, promotional materials, "junk
mail," "spam," "chain letters,"
"pyramid schemes," or any other form of solicitation,
except in those areas (such as shopping rooms) that are
designated for such purpose;
- upload, post, email or otherwise transmit any material
that contains software viruses or any other computer code,
files or programs designed to interrupt, damage, destroy
or limit the functionality of any computer software or hardware
or telecommunications equipment;
- disrupt the normal flow of dialogue, cause a screen to
"scroll" faster than other users of the Service
are able to type, or otherwise act in a manner that negatively
affects other users' ability to engage in real time exchanges;
- interfere with or disrupt the Service or servers or networks
connected to the Service, or disobey any requirements, procedures,
policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable
law or regulation including, but not limited to, regulations
promulgated by any securities exchange;
- "stalk" or otherwise harass another; or
- collect or store personal data about other users.
You acknowledge that AJE Consulting does not pre-screen Content,
but that AJE Consulting and its designees shall have the right
(but not the obligation) in their sole discretion to refuse
or move any Content that is available via the Service. Without
limiting the foregoing, AJE Consulting and its designees shall
have the right to remove any Content that violates the TOS
or is otherwise objectionable. You agree that you must evaluate,
and bear all risks associated with, the use of any Content,
including any reliance on the accuracy, completeness, or usefulness
of such Content. In this regard, you acknowledge that you
may not rely on any Content created by us or submitted to
us.
You acknowledge and agree that AJE Consulting may preserve Content
and may also disclose Content: (a) to its affiliated companies
worldwide for the purpose of providing the Content to you
in an efficient manner, (b) for the purpose of properly administering
your account in accordance with the standard operating procedures
of AJE Consulting or its affiliated companies, and/or (c) if required
to do so by law or in the good faith belief that any such
preservation or disclosure is reasonably necessary to: (d)
comply with legal process; (e) enforce the TOS; (f) respond
to claims that any Content violates the rights of third-parties;
or (g) protect the rights, property, or personal safety of
AJE Consulting, its users and the public.
You acknowledge that the technical processing and transmission
of the Service, including your Content, may involve transmissions
over various networks and changes to conform and adapt to
technical requirements of connectin networks or devices. We
reserves the right to terminate your access to some or all
parts of its Service if you withdraw your consent in this
paragraph at any time.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognising the global nature of the Internet, you agree
to comply with all local rules regarding online conduct and
acceptable Content. Specifically, you agree to comply with
all applicable laws regarding the transmission of technical
data exported from the United Kingdom, the United States and
the country in which you reside (if different from the aforementioned).
8. PUBLIC CONTENT POSTED TO AJE Consulting
(a) For purposes of the TOS, "publicly accessible areas"
of the Service are those accessible by the general public.
(b) With respect to Content you elect to post for inclusion
in publicly accessible areas of AJE Consulting or that consists
of photos or other graphics you elect to post to any other
publicly accessible area of the Service, you grant AJE Consulting, royalty free and non-exclusive licence to reproduce,
modify, adapt and publish such Content on the Service solely
for the purpose of displaying, distributing and promoting
the specific service to which such Content was submitted,
or, in the case of photos or graphics, solely for the purpose
for which such photo or graphic was submitted to the Service.
This licence exists only for as long as you elect to continue
to include such Content on the Service and shall be terminated
at the time you delete such Content from the Service.
(c) With respect to all other Content you elect to post to
other publicly accessible areas of the Service, you grant
AJE Consulting the royalty-free, perpetual, irrevocable, non-exclusive
and fully sub-licensable right and licence to use, reproduce,
modify, adapt, publish, translate, create derivative works
from, distribute, perform and display such Content (in whole
or part) worldwide and/or to incorporate it in other works
in any form, media, or technology now known or later developed.
9. INDEMNITY
You agree to indemnify and hold AJE Consulting and its subsidiaries,
affiliates, officers, agents, co-branders and other partners,
and employees, harmless from any claim or demand, including
reasonable attorneys' fees, made by any third party due to
or arising out of Content you submit, post to or transmit
through the Service, your use of the Service, your connection
to the Service, your violation of the TOS, or your violation
of any rights of another.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell
or exploit for any commercial purposes, any portion of the
Service, use of the Service, or access to the Service.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that AJE Consulting may establish general practices
and limits concerning use of the Service, including without
limitation the maximum number of days that email messages,
message board postings or other uploaded Content will be retained
by the Service, the maximum number of email messages that
may be sent from or received by an account on the Service,
the maximum size of any email message that may be sent from
or received by an account on the Service, the maximum disk
space that will be allotted on AJE Consulting servers on your
behalf, and the maximum number of times (and the maximum duration
for which) you may access the Service in a given period of
time. You agree that AJE Consulting has no responsibility or liability
for the deletion or failure to store any messages and other
communications or other Content maintained or transmitted
by the Service. You acknowledge that we reserves the right
to log off accounts that are inactive for an extended period
of time. You further acknowledge that we reserves the right
to change these general practices and limits at any time,
in its sole discretion, with or without notice.
12. MODIFICATIONS TO SERVICE
We reserve the right at any time and from time to time to
modify or discontinue, temporarily or permanently, the Service
(or any part thereof) with or without notice. You agree that
AJE Consulting shall not be liable to you or to any third party
for any modification, suspension or discontinuance of the
Service.
13. TERMINATION
You agree that we may terminate your password, account (or
any part thereof) or use of the Service, and remove and discard
any Content within the Service, for any reason, including,
without limitation, for lack of use or if you have violated
or acted inconsistently with the letter or spirit of the TOS.
We may also at any time discontinue providing the Service,
or any part thereof, with or without notice. You agree that
any termination of your access to the Service under any provision
of this TOS may be effected without prior notice, and acknowledge
and agree that we may immediately deactivate or delete your
account and all related information and files in your account
and/or bar any further access to such files or the Service.
Further, you agree that we shall not be liable to you or any
third-party for any termination of your access to the Service.
14. DEALINGS WITH ADVERTISERS AND MERCHANTS
Your correspondence or business dealings with, or participation
in promotions of, advertisers and merchants found on or through
the Service, including payment and delivery of related goods
or services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely
between you and such advertiser or merchant. To the fullest
extent permitted by applicable law, you agree that: (a) Supermartket
AJE Consulting shall not be responsible or liable for any loss
or damage of any kind incurred as the result of any such dealings
or as the result of the presence of such advertisers and merchants
on the Service, and (b) any orders placed by you on, and any
product specifications and product availability appearing
on, the Service are subject to confirmation by, and the terms
and conditions of business of, the relevant Merchant.
15. LINKS
The Service may provide, or third parties may provide, links
to other World Wide Web sites or resources. Because we have
no control over such sites and resources, you acknowledge
and agree that AJE Consulting is not responsible for the availability
of such external sites or resources, and does not endorse
and is not responsible or liable for any Content, advertising,
products, or other materials on or available from such sites
or resources. You further acknowledge and agree that we shall
not be responsible or liable, directly or indirectly, for
any damage or loss caused or alleged to be caused by or in
connection with use of or reliance on any such Content, goods
or services available on or through any such site or resource.
16. AJE Consulting PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary
software used in connection with the Service ("Software")
contain proprietary and confidential information that is protected
by applicable intellectual property and other laws. You further
acknowledge and agree that Content contained in sponsor advertisements
or information presented to you through the Service or advertisers
is protected by copyrights, trademarks, service marks, patents
or other proprietary rights and laws. Except as expressly
authorised by AJE Consulting or advertisers, you agree not to
modify, rent, lease, loan, sell, distribute or create derivative
works based on the Service or the Software, in whole or in
part.
AJE Consulting grants you a personal, non-transferable and non-exclusive
right and licence to use the object code of its Software on
a single computer; provided that you do not (and do not allow
any third party to) copy, modify, create a derivative work
of, reverse engineer, reverse assemble or otherwise attempt
to discover any source code, sell, assign, sublicence, grant
a security interest in or otherwise transfer any right in
the Software. The foregoing is subject to applicable statute
and other express law. You agree not to modify the Software
in any manner or form, or to use modified versions of the
Software, including (without limitation) for the purpose of
obtaining unauthorised access to the Service.
17. DISCLAIMERS
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE
IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW,
AJE Consulting EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS
AND OTHER TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO ANY IMPLIED TERM OF MERCHANTABILITY,
SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE,
AND ANY TERM AS TO THE PROVISION OF SERVICES TO A STANDARD
OF REASONABLE CARE AND SKILL OR AS TO NON-INFRINGEMENT OF
ANY INTELLECTUAL PROPERTY RIGHT.
- WE MAKE NO WARRANTY OR REPRESENTATION THAT (i) THE SERVICE
WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY
BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE
OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY
YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND
(V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND
RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM
THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM AJE Consulting OR THROUGH OR FROM THE SERVICE SHALL
CREATE ANY WARRANTY OR OTHER OBLIGATION NOT EXPRESSLY STATED
IN THE TOS.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT AJE Consulting SHALL
NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY
TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE
GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION
OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR
TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS
OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON
THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY,
ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO
USE OF THE SERVICE OF THESE TOS MUST BE FILED WITHIN ONE (1)
YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER
BARRED.
19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF
THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY
TO YOU.
20. NOTICE
Notices to you may be made via either email or regular mail.
The Service may also provide notices of changes to the TOS
or other matters by displaying notices or links to notices
to you generally on the Service.
21. COPYRIGHTS and COPYRIGHT AGENTS
- an electronic or physical signature of the person authorised
to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has
been infringed;
- a description of where the material that you claim is
infringing is located on the site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that
the disputed use is not authorised by the copyright owner,
its agent, or the law;
- a statement by you, made under penalty of perjury, that
the above information in your Notice is accurate and that
you are the copyright owner or authorised to act on the
copyright owner's behalf.
22. GENERAL INFORMATION
These TOS (including the guides and rules referred to herein)
constitute the entire agreement between you and AJE Consulting
and govern your use of the Service, superseding any prior
agreements between you and us. You also may be subject to
additional terms and conditions that may apply when you use
affiliate services, third-party content or third-party software.
The TOS and the relationship between you and AJE Consulting shall
be governed by the laws of England. You and AJE Consulting agree
to submit to the exclusive jurisdiction of the English courts.
Any failure by us to exercise or enforce any right or provision
of the TOS shall not constitute a waiver of such right or
provision. If any provision of the TOS is found by a court
of competent jurisdiction to be invalid, the parties nevertheless
agree that the court should endeavour to give effect to the
parties' intentions as reflected in the provision, and the
other provisions of the TOS remain in full force and effect.
The section titles in the TOS are for convenience only and
have no legal or contractual effect.
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