TERMS AND CONDITIONS
In this Agreement unless the contrary intention is clear references to:
- "Associate" is a person who offers to provide information
- "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
- "You" or the "User" is a reference to all users of the
Business or its website.
Either party may terminate this Agreement upon
30 days notice. If this Agreement
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
3 User's obligations
3.1 The Member acknowledges
that Associate's time is limited and that their availability
on a first come first
3.2 Except for the
use of information provided in response to a request, you shall keep
(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
not apply to
information that is in respect of:
matter which is in or enters the public domain other than as a result of a
of this Agreement;
information already in the possession of the User prior to the disclosure
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
vested interests that
you are aware you have in that User's business or in any
to be a competitor of that User's
3.5 You undertake
to take reasonable care that information you supply to other
3.6 You confirm that
your participation in the Business does not conflict with any
under, or gives
rise to any conflict of interest with, any other
contract (including any contract
4 Data protection
4.1 The Company warrants that:
has and will maintain an appropriate registration in relation to personal
as defined in Part 1 of the Data Protection Act 1998 ('Personal Data');
will comply with all instructions from you to rectify delete or update any of
4.2 The Company may
pass on your personal data to suppliers, agents, sub-contractors
other third parties who provide certain processing functions (such as distribution
and disaster recovery) so that we can provide the Business.
Company will not
pass on personal data to other organisations
unless the Company has a legal obligation to do so, or there is a transfer
business (in which case your data would continue to be subject to the
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
entering into a agreement ("Inter-User Agreement") between
about the subject
matter of that enquiry and response.
5.2 Each Inter-User
Agreement is separate and unrelated to this User Agreement but
that any such Inter-User Agreement shall incorporate the following
agreement shall continue until the Users either form another agreement
to the subject matter of the enquiry or finish their discussion about
User receives the benefit of exchanging relevant information and the
for consequential commercial benefit.
providing information, each User will try to provide information that is
accurate and comprehensive and will not knowingly provide frivolous
User accepts that information provided by another User is provided on
is' basis with no warranty of accuracy, reliability or comprehensiveness
any risk arising from
using that information.
the extent permitted by law, a User ("Responder") limits its
liability for all
in aggregate for any loss suffered by the other User ("Enquirer") for
of action whether in tort (including negligence), contract or otherwise
for direct or indirect loss of profits, business or anticipated
for any indirect or consequential loss or damage for which the Enquirer
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
by the Responder which, for the avoidance of doubt, will
be zero unless
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
and that any reliance placed on such information by another User is at its own
You also acknowledge
that any information provided by another User is not
advice and that you rely on such information
at your own
6.2 To the full extent
permitted by law, the Company excludes all warranties, terms,
or undertakings whether express or implied, written or oral, statutory or
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),
or otherwise including for direct or indirect loss of profits, business or
savings, nor for
any indirect or consequential loss or damage for which a
pays, suffers or is liable, arising from the provision of or reliance on information
User (even if the Company has been advised of the possibility of such
6.4 Other than for
liability for death or personal injury arising from its negligence and to
permitted by law, the Company limits its liability for all claims in
loss suffered by a User (except for those losses excluded under
clause 6.3) for
any cause of action whether in tort (including negligence),
otherwise including for direct
or indirect loss of profits, business or anticipated
savings, nor for any indirect
loss or damage for which a User pays,
suffers or is liable, arising from the Business
if the Company has been advised
of the possibility of such damages), to the fees
paid by that User to the Company
this Agreement in the previous 12 months.
6.5 You acknowledge
that the Company has no contractual involvement in any Inter-User
Furthermore the Company expressly disclaims all liability whether in tort
contract or otherwise including for direct or indirect loss of
or anticipated savings, or for any
indirect or consequential loss or
from Inter-User agreements (even if the Company has been advised
of the possibility
of such damages).
7.1 The terms of this
Agreement represent the entire agreement between the parties
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
but will promptly notify you of any such change. Continued use by you of
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
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
Wales and the parties submit to the exclusive jurisdiction of the
1 - WEB
Use of this Web site and the services provided by Extensor are subject to the
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,
or not the use is made by you or someone else using your User Name and Password.
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
immediately notify Extensor.
2 Your information
All personal information you supply to us will be treated in accordance with
the Data Protection
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
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
control over information posted by users on the Site and do not therefore accept
make any warranties in connection with or recommend that you or any third party
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
limitation, copyright, data protection
- 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
advertisement or promotion.
We reserve the right to remove any such information or statement from the Site
warning and to inform and give assistance to any investigative or regulatory
body in respect
posted on the Site. We accept no responsibility for and give no warranties in
connection with any information posted on the Site
By placing information on the Site you hereby grant us a worldwide non-exclusive
use, copy, distribute, publish and transmit such information in any manner we
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
organisations on which
the availability of the Site and its performance is dependant.
Extensor reserves the right to change the content, presentation, performance,
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
representations in respect
of linked sites.
Except where stated otherwise, all logos and graphics are the property of Extensor.
permission must be sought prior to using these items. Printing of web-pages is
personal use only.
Public showing of the website is not allowed without the prior written