Terms and Conditions
These terms and conditions apply between all Users of this Website and Efficient Systems Limited, the owner of this Website. Additionally these terms and conditions apply to the use of and (where applicable) purchase of Efficient Systems Limited Products and Services. Please read these terms and conditions carefully, as they affect your legal rights.
1. Acceptance of Terms
1.1 Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age. Your access to and use of the Efficient Systems Limited Website or Services is subject (unless expressly stated otherwise) exclusively to these terms and conditions. You will not use the Website for any purpose that is unlawful or prohibited by these terms and conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in these terms and conditions. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.
1.2 Efficient Systems Limited reserves the right to change these terms and conditions without notice, and Users agree to be bound by such changes. It is the responsibility of Users to check these Terms and Conditions regularly for any changes.
1.3 If you are entering into these terms and conditions on behalf of your employer or acting as an employee, you warrant that you are authorized to enter into legally binding contracts on behalf of your employer. You further warrant that your employer agrees to be bound by these terms and conditions.
2. Intellectual property and acceptable use of Content
2.1 All Content included on the Website, unless stated otherwise, is the property of Efficient Systems Limited, our affiliates, licensees or other relevant third parties. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner's prior written permission.
3.1 Users are expressly forbidden to download, store, reproduce, transmit, display, copy, sell publish, distribute, provide access to Content for any purposes other than as set out herein or to sub-license, rent, lease, transfer or assign any rights in Content, to any other person, commercially exploit or use Content for any unlawful purpose.
3.2 With regard the uploading, or posting of User Generated Content, and use of the site more generally, Users may not use the Website for any of the following purposes:
3.2.1 in any way which causes, or may cause, damage to the Website or interferes with any other person's use or enjoyment of the Website;
3.2.2 in any way which is harmful, unlawful, illegal, abusive, harassing, misleading, inaccurate, threatening or otherwise objectionable or in breach of any applicable law, regulation or governmental order.
4. Availability of the Website and Disclaimers4.1 The Website and Services are provided "as is" and on an "as available" basis. Efficient Systems Limited gives no warranty that the Website or Services will be free of defects and/or faults. To the maximum extent permitted by the law, Efficient Systems Limited provides no warranties (expressed or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Efficient Systems Limited is under no obligation to update information on the Website.
4.2 Whilst Efficient Systems Limited uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, Efficient Systems Limited give no warranty or guarantee in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
4.3 Efficient Systems Limited accepts no liability for any disruption or non-availability of the Website.
4.4 Efficient Systems Limited reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
5. Limitation of Liability5.1 Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
5.2 We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
5.3 To the maximum extent permitted by law, Efficient Systems Limited accepts no liability for any of the following:
5.3.1 any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
5.3.2 loss or corruption of any data, database or software;
5.3.3 any special, indirect or consequential loss or damage.
6. Website Content and Services6.1 Except as otherwise expressly agreed to by Efficient Systems Limited in writing, information regarding Efficient Systems Limited products and Services is subject to change without notice.
6.2 Information about Efficient Systems Limited Products and Services made available on and/or through this Website shall not constitute a representation, warranty or other commitment by Efficient Systems Limited with respect to any product or service unless otherwise expressly agreed to by Efficient Systems Limited in writing.
6.3 Without limiting the generality of the foregoing, Efficient Systems Limited hereby disclaims all warranties, expressed or implied, as to the accuracy, suitability for any purpose or completeness therefore.
7. Third Party Content7.1 This Website makes available certain Content that has not been created by Efficient Systems Limited either via hyperlinks which may take Users to websites not controlled or maintained by Efficient Systems Limited, or as hosted via the Website whether or not such Content is available free of charge or for a fee ("Third Party Content").
7.2 Any copying, distribution, reproduction, retransmission, or modification of any of the Third Party Content or any information or materials appearing in such Third Party Content, whether in electronic or hard copy form, is subject to the prior written permission of the author and publisher of such Third Party Content.
8. Services8.1. Efficient Systems Limited grants you access and use of the services or products for your or your employer internal business purposes. Efficient Systems Limited may modify or cease providing the services or products or any part thereof at its discretion and without prior notice.
8.2.Using the services or products where prohibited by law is not permitted. If using the services or products, you affirm that: (a) all registration information you provide is accurate and truthful; (b) you will maintain the accuracy of such information; (c) your use of the services or products complies with applicable laws, regulations, and third-party obligations; (d) you will not include any data without the third-party's prior consent and will maintain a record of such consents as required by applicable law; and (e) you will comply with these Terms and Conditions and applicable laws, regulations, while using services or products.
9. Pricing9.1. Prices for any of Efficient Systems Limited services or products are subject to change without prior notice. Efficient Systems Limited aims to regularly update all publicly available sources of price information via the Website to ensure that you have accurate information available to you when you order.
9.2. The description and price of any Service purchased hereunder will be confirmed in Efficient Systems Limited's despatch note and/or invoice or at point of payment if purchased online.
10. Payment Policy10.1. Unless specified herein or at point of purchase to the contrary, Efficient Systems Limited invoices for any Service are due for payment 30 days from their date. Efficient Systems Limited reserves the right to charge for costs and expenses incurred in recovering late payments, and to charge interest.
11. General11.1 Dependence on Efficient Systems Limited Services: The contents of any of Efficient Systems Limited Services or the Website do not constitute advice and should not be relied on in taking, or refraining from taking, any decision or action. Under no circumstances shall Efficient Systems Limited be liable for direct, indirect, or incidental damages resulting from your use of information, commentary, advice or other content on the Website or Services. You agree to indemnify Efficient Systems Limited against any actions, claims, proceedings, or liabilities arising from your use of the Website or Services.
11.2 Data Protection: Efficient Systems Limited may use personal information which Efficient Systems Limited hold about Users to provide Efficient Systems Limited products and services to Users, for credit control and market research purposes and to inform Users about Efficient Systems Limited products and services, legal developments and training sessions or Events which we believe may be of interest to Users. For further details please read our Privacy Policy
11.3 Force Majeure: If by reason of labour dispute, strikes, inability to obtain labour or materials, fire or other action of the elements, accidents, power or telecommunications failure, customs delays, governmental restrictions or appropriation or other causes beyond the control of a party, such Efficient Systems Limited is unable to perform in whole or in part its obligations set forth in these terms, then Efficient Systems Limited shall be relieved of those obligations to the extent it is thereby unable to perform, and such inability to perform shall not make Efficient Systems Limited liable to any other party.
11.4 Users may not transfer any of their rights under these terms and conditions to any other person. Efficient Systems Limited may transfer their rights under these terms and conditions where Efficient Systems Limited reasonably believes Users rights will not be affected.
11.5 These terms and conditions may be varied by Efficient Systems Limited from time to time. Such revised terms will apply from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
11.6 These terms and conditions contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.
11.7 If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
11.8 Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.