AGREEMENT BETWEEN USER AND TRADETECH SOLUTIONS LTD
See also TradeTech Solutions Ltd's Privacy Policy and Cookie Policy both of which form an integral part of the Terms & Conditions.
BACKGROUND:
These Terms and Conditions, together with any and all other documents referred to herein, set out the terms of use under which you may use this Website. Please read these Terms and Conditions carefully and ensure that you understand them. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of this Website. If you do not agree to comply with and be bound by these Terms and Conditions, you must stop using this Website immediately.
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Content”
means any and all text, images, audio, video, scripts, code, software, databases, and any other form of information capable of being stored on a computer that appears on, or forms part of, this Website;
“System”
means any online communications infrastructure made available through this Website either now or in the future. This may include, but is not limited to, contact forms, email, live chat, and forums; and
“We/Us/Our”
means TradeTech Solutions Ltd, a company registered in England under 11712382, V.A.T. Registration Number: GB 340 3511 47 whose registered address is Kemp House, 160 City Road, London EC1V 2NX.
2.1 this Website is owned and operated by TradeTech Solutions Ltd, a limited company registered in England under 11712382 whose registered address is Kemp House, 160 City Road, London EC1V 2NX and whose VAT number is GB 340 3511 47.
2.2 We are registered with the Information Commissioner’s Office.
3.1 Access to this Website is free of charge.
3.2 It is your responsibility to make any and all arrangements necessary in order to access this Website.
3.3 Access to this Website is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue this Website (or any part of it) at any time and without notice. We will not be liable to you in any way if this Website (or any part of it) is unavailable at any time and for any period.
4.1 All Content included on this Website and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties. All other Content, copyright and intellectual property rights identified as belonging to third parties remain the property of those parties.
4.2 For personal use (including research and private study) only, you may:
4.2.1 Access, view, and use this Website in a web browser (including any web browsing capability built into other types of software or app);
4.2.2 Download this Website (or any part of it) for caching;
4.2.3 Print page[s] from this Website;
4.2.4 Download, copy, clip, print, or otherwise save extracts from pages on this Website; and
4.2.5 Save pages from this Website for later and/or offline viewing.
4.3 You may not use any Content downloaded, copied, clipped, printed or otherwise saved from this Website for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so. This does not prohibit the normal access, viewing, and use of this Website for general information purposes whether by business users or consumers.
4.4 You may not systematically copy Content from this Website with a view to creating or compiling any form of comprehensive collection, compilation, directory, or database unless given Our express permission to do so.
4.5 Subject to sub-Clause[s] 4.2 and 4.7 you may not otherwise reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content or any other material from this Website unless given express written permission to do so by Us. For further information, please contact Us at info@tradetech.cloud.
4.6 Our status as the owner and author of the Content on this Website (or that of identified licensors, as appropriate) must always be acknowledged.
4.7 Nothing in these Terms and Conditions limits or excludes the provisions of Chapter III of the Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering, in particular, the making of temporary copies; research and private study; the making of copies for text and data analysis for non-commercial research, criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.
5.1 You may link to this Website provided that:
5.1.1 You do so in a fair and legal manner;
5.1.2 You do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
5.1.3 You do not use any logos or trade marks displayed on this Website without Our express written permission; and
5.1.4 You do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
5.2 You may link to any page of this Website under the same conditions as listed under 5.1 above.
5.3 Framing or embedding of this Website on other websites is not permitted without Our express written permission. Please contact Us at info@tradetech.cloud for further information.
5.4 You may not link to this Website from any other site the content of which contains material that:
5.4.1 is sexually explicit;
5.4.2 is obscene, deliberately offensive, hateful, or otherwise inflammatory;
5.4.3 promotes violence;
5.4.4 promotes or assists in any form of unlawful activity;
5.4.5 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
5.4.6 is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
5.4.7 is calculated or is otherwise likely to deceive another person;
5.4.8 is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
5.4.9 misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 5.4);
5.4.10 implies any form of affiliation with Us where none exists;
5.4.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party; or
5.4.12 is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
Links to other sites are included on this Website. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on this Website is for information only and does not imply any endorsement of the sites themselves or of those in control of them. It is Your responsibility to inquire about the relevant Terms & Conditions, Cookie and Privacy Policies of these third parties.
7.1 Any personal information sent to Us, whether through Our System or otherwise, will be collected, used and held in accordance with your rights and Our obligations under the law, as set out in Clause 14.
8.1 Nothing on this Website constitutes advice on which you should rely. It is provided for general information purposes only. Professional or specialist advice should always be sought before taking any action relating to legal, financial or fiscal actions.
8.2 Insofar as is permitted by law, We make no representation, warranty, or guarantee that this Website will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
8.3 If, as a result of Our failure to exercise reasonable care and skill, any digital content from this Website damages your device or other digital content belonging to you, as a consumer you may be entitled to certain legal remedies. For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.
8.4 We make reasonable efforts to ensure that the Content on this Website is complete, accurate, and up-to-date. We do not, however, make any representations, warranties, or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.
8.5 We do not offer any advice. The suggestions made here - are only suggestions for consideration and should be checked with a competent authority before relying on them. We also declare that we have a commercial relationship with some of the third party companies promoted via this site.
9.1 To the fullest extent permissible by law, We accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) this Website or the use of or reliance upon any Content included on this Website.
9.2 To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to this Website or any Content included on this Website.
9.3 If you are a business user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
9.4 We exercise all reasonable skill and care to ensure that this Website is free from viruses and other malware. Subject to sub-Clause 9.3, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data, or other material that occurs as a result of your use of this Website (including the downloading of any Content from it) or any other site referred to on this Website.
9.5 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of this Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
9.6 Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
10.1 We exercise all reasonable skill and care to ensure that this Website is secure and free from viruses and other malware.
10.2 You are responsible for protecting your hardware, software, data, and other material from viruses, malware, and other internet security risks.
10.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via this Website.
10.4 You must not attempt to gain unauthorised access to any part of this Website, the server on which this Website is stored, or any other server, computer, or database connected to this Website.
10.5 You must not attack this Website by means of a denial of service attack, a distributed denial of service attack, or by any other means.
11.1 You may only use this Website in a manner that is lawful. Specifically:
11.1.1 you must ensure that you comply fully with any and all local, national or international laws and/or regulations;
11.1.2 you must not use this Website in any way, or for any purpose, that is unlawful or fraudulent;
11.1.3 you must not use this Website to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
11.1.4 you must not use this Website in any way, or for any purpose, that is intended to harm any person or persons in any way.
11.2 We reserve the right to suspend or terminate your access to this Website if you materially breach the provisions of this Clause 11 or any of the other provisions of these Terms and Conditions. Specifically, We may take one or more of the following actions:
11.2.1 suspend, whether temporarily or permanently, your right to access this Website;
11.2.2 issue you with a written warning;
11.2.3 take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
11.2.4 take further legal action against you as appropriate;
11.2.5 disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
11.2.6 any other actions which We deem reasonably appropriate (and lawful).
11.3 We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms and Conditions.
Use of this Website is also governed by Our Cookie and Privacy Policies, see: Cookie Policy and Privacy Policy. These policies are incorporated into these Terms and Conditions by this reference.
13.1 All personal information that We may use will be collected, processed and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR as well as the UK-GDPR (United Kingdom General Data Protection Regulation).
13.2 For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy and Cookie Policy.
14.1 If We have your contact details, We may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes and changes to these Terms and Conditions.
14.2 We will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time. Any and all marketing emails sent by Us include an unsubscribe link. If you opt out of receiving emails from Us at any time, it may take up to 10 (ten) Business Days for your new preferences to take effect.
14.3 For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us via the Helpdesk indicated below.
All circumstances outside the control of the Parties, preventing the performance of their obligations under normal conditions, shall be considered grounds for releasing the Parties from their obligations and Parties and shall lead to their suspension. The party that invokes the circumstances referred to above shall immediately notify the other party of their occurrence, and also of their disappearance.
All unavoidable events and circumstances, external to the parties, unforeseeable, inevitable, outside the control of the Parties and which cannot be prevented by the latter, despite all reasonably possible endeavours, shall be deemed cases of force majeure. In a case of force majeure, the Parties come together with a view to examining the impact of the event and agreeing to the conditions under which performance of the contract will be continued. If the case of force majeure lasts for longer than three months, these General Conditions can be terminated by the aggrieved party.
16.1 We may alter these Terms and Conditions at any time. Any such changes will become binding on you upon your first use of this Website after the changes have been implemented. You are therefore advised to check this page from time to time.
16.2 In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
To contact Us, please email Us via the HelpDesk.
18.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
18.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 18.1 above takes away or reduces your rights as a consumer to rely on those provisions.
18.3 If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
18.4 If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.
We may change these Terms & Conditions from time to time. This may be necessary, for example, if the law changes, or if we change our business in a way that affects personal data protection.
Any changes will be immediately posted on this Website and you will be deemed to have accepted these terms of the Terms & Conditions on your first use of this Website following the alterations. We recommend that you check this page regularly to keep up-to-date. These Terms & Conditions were last updated on 1st August, 2021.