TERMS AND CONDITIONS

DEFINITIONS
In this Agreement unless the contrary intention is clear references to:
          - "Associate" is a person who offers to provide information to Members;
          - "Business" is the business conducted at URL http://www.extensor.co.uk;
          - "Company" is Extensor Limited;
          - "Member" is a client of the Company;
          - "Person" includes a partnership and a body, whether corporate or otherwise; and
          - "You" or the "User" is a reference to all users of the Business or its website.

1   Duration
     Either party may terminate this Agreement upon 30 days notice. If this Agreement or part
     thereof is terminated for any reason clause 3.2 shall continue to have effect.

2   The Service
     The Company shall maintain a database of Associates that the Members may contact from
     time to time for the purposes of holding informal discussions.

3   User's obligations
     3.1     The Member acknowledges that Associate's time is limited and that their availability
               is on a first come first served basis.
     3.2      Except for the use of information provided in response to a request, you shall keep
               confidential all information (written, oral or in any form whatsoever) concerning the
               business or affairs of other Users or the Company that you have received or obtained
               under this Agreement. These obligations of confidentiality shall not apply to
               information that is in respect of:
               3.2.1   any matter which is in or enters the public domain other than as a result of a
                         breach of this Agreement;
               3.2.2   any information already in the possession of the User prior to the disclosure
                         of that information by the disclosing party; or
               3.2.3   any information required to be disclosed by law.
     3.3      When first meeting with or corresponding with any User, you shall promptly declare
               any vested interests that you are aware you have in that User's business or in any
               business that they might reasonably assume to be a competitor of that User's
               business.
     3.4     You shall be bound by the Website Terms of Use contained at Schedule 1.
     3.5     You undertake to take reasonable care that information you supply to other Users
               is accurate.
     3.6     You confirm that your participation in the Business does not conflict with any
               obligations arising under, or gives rise to any conflict of interest with, any other
               contract (including any contract of employment).

4   Data protection
     4.1     The Company warrants that:
               4.1.1    it has and will maintain an appropriate registration in relation to personal
                          data as defined in Part 1 of the Data Protection Act 1998 ('Personal Data');
                          and
               4.1.2    it will comply with all instructions from you to rectify delete or update any of
                          your personal data.
      4.2    The Company may pass on your personal data to suppliers, agents, sub-contractors
               and other third parties who provide certain processing functions (such as distribution
               channels, outsourcing and disaster recovery) so that we can provide the Business.
               The Company will not pass on personal data to other organisations without your
               permission unless the Company has a legal obligation to do so, or there is a transfer
               of a relevant business (in which case your data would continue to be subject to the
               same protections and used for the same purposes as described in this Agreement).

5   Inter-User terms
     5.1     If a User responds to a Member's enquiry listed on the Business, each of those
               parties is thereby entering into a agreement ("Inter-User Agreement") between
               themselves about the subject matter of that enquiry and response.
     5.2     Each Inter-User Agreement is separate and unrelated to this User Agreement but
               the parties agree that any such Inter-User Agreement shall incorporate the following
               terms:
               5.2.1    The agreement shall continue until the Users either form another agreement
                          relating to the subject matter of the enquiry or finish their discussion about
                          that subject matter.
               5.2.2    Each User shall comply with the Extensor Web Site Terms of Use and the
                          confidentiality provisions of the User Terms of Use.
               5.2.3    Each User receives the benefit of exchanging relevant information and the
                          potential for consequential commercial benefit.
               5.2.4    When providing information, each User will try to provide information that is
                          relevant, accurate and comprehensive and will not knowingly provide frivolous
                          or incorrect information.
               5.2.5    Each User accepts that information provided by another User is provided on
                          a 'As is' basis with no warranty of accuracy, reliability or comprehensiveness
                          and accepts any risk arising from using that information.
               5.2.6    To the extent permitted by law, a User ("Responder") limits its liability for all
                          claims in aggregate for any loss suffered by the other User ("Enquirer") for any
                          cause of action whether in tort (including negligence), contract or otherwise
                          including for direct or indirect loss of profits, business or anticipated savings,
                          or for any indirect or consequential loss or damage for which the Enquirer
                          pays, suffers or is liable, arising from information provided by the Responder
                          (even if the Responder has been advised of the possibility of such damages),
                          to any money paid by the Enquirer to the Responder in relation to the
                          information provided by the Responder which, for the avoidance of doubt, will
                          be zero unless the Enquirer and Responder have entered into a separate                           agreement.
     5.3     The Company has no liability with respect to any Inter-User Agreement.

6   Limitation of Liability
     6.1     You acknowledge that you are responsible for the information you supply to other
               Users and that any reliance placed on such information by another User is at its own
               risk. You also acknowledge that any information provided by another User is not
               provided as professional advice and that you rely on such information at your own
               risk.
     6.2     To the full extent permitted by law, the Company excludes all warranties, terms,
               conditions or undertakings whether express or implied, written or oral, statutory or
               otherwise including any implied warranty of merchantability or of fitness for a
               particular purpose, in respect of the Business.
     6.3     The Company does not accept any liability whether in tort (including negligence),
               contract or otherwise including for direct or indirect loss of profits, business or
               anticipated savings, nor for any indirect or consequential loss or damage for which a
               User pays, suffers or is liable, arising from the provision of or reliance on information
               by another User (even if the Company has been advised of the possibility of such
               damages).
     6.4     Other than for liability for death or personal injury arising from its negligence and to
               the extent permitted by law, the Company limits its liability for all claims in
               aggregate for any loss suffered by a User (except for those losses excluded under
               clause 6.3) for any cause of action whether in tort (including negligence), contract or
               otherwise including for direct or indirect loss of profits, business or anticipated
               savings, nor for any indirect or consequential loss or damage for which a User pays,
               suffers or is liable, arising from the Business (even if the Company has been advised
               of the possibility of such damages), to the fees paid by that User to the Company
               under this Agreement in the previous 12 months.
     6.5     You acknowledge that the Company has no contractual involvement in any Inter-User
               agreements. Furthermore the Company expressly disclaims all liability whether in tort
               (including negligence), contract or otherwise including for direct or indirect loss of
               profits, business or anticipated savings, or for any indirect or consequential loss or
               damage arising from Inter-User agreements (even if the Company has been advised
               of the possibility of such damages).

7   General
     7.1     The terms of this Agreement represent the entire agreement between the parties
               and supersede any previous representations or agreements whether recorded in
               writing or otherwise.
     7.2     The Company may modify the terms of this Agreement from time to time in its sole
               discretion, but will promptly notify you of any such change. Continued use by you of
               the Business after that notification shall constitute acceptance of that change.
     7.3     The Company may assign or otherwise deal with its rights under this Agreement
               without your prior written consent.You must not assign this Agreement without our
               prior written consent.
     7.4     It is the intention of the parties that no term of this Agreement may be enforced by
               any person who is not a party to this Agreement. The Contract (Rights of Third
               Parties) Act 1999 shall not apply to any provisions of this Agreement.
     7.5     This Agreement shall be governed and construed in accordance with the laws of
               England and Wales and the parties submit to the exclusive jurisdiction of the
               English courts.

SCHEDULE 1 - WEB SITE TERMS OF USE

Use of this Web site and the services provided by Extensor are subject to the following terms
and conditions:
In these Terms the following words and expressions shall have the following meanings:
     - "Entries" shall mean any text or data entered onto the Message Board.
     - "Message Board" shall mean the area of the Site where registered users may post Entries.
     - "Site" shall mean our Internet website located at www.extensor.co.uk.
     - "User Name and Password" shall mean the user name and password used by you to
        access the Site.
     - "You" shall mean the Member or Associate as applicable.

1   User name and password
You are responsible for all use of the Site made using your User Name and Password, whether
or not the use is made by you or someone else using your User Name and Password. You are
responsible for protecting and securing your User Name and Password from unauthorised use.
If you believe there has been a breach of security of your User Name and Password you must
immediately notify Extensor.

2   Your information
All personal information you supply to us will be treated in accordance with the Data Protection
Act 1998.
You may edit your personal information held by us at any time and have your information
deleted from our records if this Agreement is terminated. It is your responsibility to ensure the personal information you provide and controlled by you is kept up to date.

3   Message boards
You may place Information on the Site. We do not monitor, approve, endorse or exert editorial
control over information posted by users on the Site and do not therefore accept responsibility
for or make any warranties in connection with or recommend that you or any third party rely on
such information.

By placing Information on the Site you agree that you shall not post:
     - any information or statement which is objectionable including, without limitation,
       information which is defamatory, obscene, threatening, untrue or in breach of any
       applicable laws, rules, regulations or market conventions including regulations or rules
       imposed under applicable financial services legislation or by a financial services regulator
       (e.g. the FSA, SEC etc.)
     - any information or statement which is in breach of any person's rights (including without
       limitation, copyright, data protection and confidentiality);
     - any information or software which contains a virus, cancelbot, Trojan horse, worm or is
       otherwise harmful to the integrity of the Site or other users IT systems or programs; or
     - any information, statement or content posted on the Site which constitutes an
       advertisement or promotion.

We reserve the right to remove any such information or statement from the Site without
warning and to inform and give assistance to any investigative or regulatory body in respect of
any content posted on the Site. We accept no responsibility for and give no warranties in
connection with any information posted on the Site by users.

By placing information on the Site you hereby grant us a worldwide non-exclusive licence to
use, copy, distribute, publish and transmit such information in any manner we wish but solely
for the purposes of the Business.

5   Availability of the site
Extensor will use reasonable endeavours to ensure that the Site is available and accessible by
registered users but gives no warranty as to the performance of other companies and
organisations on which the availability of the Site and its performance is dependant.

Extensor reserves the right to change the content, presentation, performance, user facilities
and availability of any part of the Site at our sole discretion.

6   Hypertext links
Links to other websites are provided solely for information and no inference should be drawn
from the inclusion or exclusion of a site. Extensor gives no warranties, guarantees or
representations in respect of linked sites.

7   Copyright
Except where stated otherwise, all logos and graphics are the property of Extensor. Written
permission must be sought prior to using these items. Printing of web-pages is restricted to
personal use only. Public showing of the website is not allowed without the prior written
permission of Extensor.

   
 
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