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TERMS AND CONDITIONS
www.professionalfitters.org
NOTICE: Please read the following carefully. You are
offered use of the Service based on the terms and conditions
set out below. By using the service you agree to be bound by
these terms and conditions. If you do not agree to these terms
and conditions you cannot use the service.
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GENERAL DISCLAIMER
1.1 You acknowledge that it is Your responsibility to select
an IKBBI member and to negotiate the terms of any work to be
performed by the IKBBI member you have selected and that The
iKBBI (professionalfitters.org) makes no warranty regarding
any goods or services purchased or obtained through our
Website or the Services or any transactions entered into
through our Website.
1.2 The iKBBI (professionalfitters.org) relies on data
provided by third parties to determine which IKBBI members are
included in the Database and does not recommend or endorse any
specific IKBBI member.
1.3 The iKBBI (professionalfitters.org) cannot accept any
liability in respect of any contract or other agreement
entered into between You and the IKBBI member and, in
particular, but without limitation, The iKBBI (professionalfitters.org)
can accept no liability relating to the quality or fitness of
any work performed or omitted to be performed by any IKBBI
member.
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PRIVACY
2.1 By accepting this Agreement, You expressly consent to uses
and disclosures of Your personal information as set out in The
iKBBI (professionalfitters.org)'s then current privacy
policies, which are incorporated herein by reference.
2.2 The iKBBI (professionalfitters.org)'s privacy policy is
available online at
www.professionalfitters.org
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DISCLAIMER OF WARRANTIES
3.1 The Website and the Services are provided on an "as
is" and "as available" basis and The iKBBI (professionalfitters.org)
makes no warranties or representations, whether express or
implied, in relation to the Website or the Services, including
but not limited to, implied warranties or conditions of
completeness, accuracy, satisfactory quality and fitness for a
particular purpose.
3.2 The iKBBI (professionalfitters.org) makes no warranty that
the Website or use of the Services will meet Your requirements
or will be uninterrupted, timely, secure or error-free.
3.3 No warranty is given by The iKBBI (professionalfitters.org)
as to results that may be obtained or the accuracy of any
information obtained through the Website or the Services or
that any defects in the Website or the Services will be
corrected and You understand and agree that any material or
data obtained through use of the Website or the Services is at
Your own discretion and risk.
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YOUR OBLIGATIONS
4.1 In consideration of The iKBBI (professionalfitters.org)
making the Website and the Services available to You, You:
4.1.1 are responsible for procuring the necessary equipment
and the payment of telephone charges necessary to access the
Website;
4.1.2 accept responsibility for any content You provide on the
Website;
4.1.3 agree not to use the Website or the Services for any
illegal purpose and in accordance with all relevant laws;
4.1.4 agree not to use the Website or the Service to transmit
or post any chain letters or any material for the purposes of
publicity, promotion and/or advertising;
4.1.5 agree not to use the Website or the Services to
distribute by any means computer viruses or worms to third
parties;
4.1.6 agree not to use the Website or the Services to transmit
or post any material which is defamatory, offensive, or of an
obscene or menacing character, or in such a way as to cause
annoyance, inconvenience or needless anxiety;
4.1.7 agree not to use the Website or the Services such that
the whole or part of the Website or the Services is
interrupted, damaged, rendered less efficient or such that the
effectiveness or functionality of the Website or the Services
is in any way impaired;
4.1.8 agree not to use the Website or the Services in any
manner which constitutes a violation or infringement of any
person, firm or company or the rights thereof (including, but
not limited to, third party intellectual property rights or
confidentiality);
4.1.9 agree not to use the Website to attempt any unauthorised
access to any part or component of the Website or that of any
third party to which You can connect via the Website (or other
directly or otherwise connected network);
4.1.10 agree not use the Website or Services as source of
targeting material or contact data for any kind of
telemarketing, direct marketing, viral or other electronic
marketing activity on your own behalf or on behalf or for the
benefit of another party.
4.1.11 agree that in the event that You have any right, claim
or action against any user arising out of the use of the
Website or the Service, then You will pursue such right, claim
or action independently of, or without recourse to The iKBBI (professionalfitters.org).
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THE IKBBI (PROFESSIONALFITTERS.ORG)'S
RIGHTS
5.1 The iKBBI (professionalfitters.org) reserves the right to
modify or discontinue, all or part of, temporarily or
permanently, the Website or the Service with or without notice
to You and You confirm that The iKBBI (professionalfitters.org)
shall not be liable to You or any third party for any
modification to or discontinuance of the Website or the
Service.
5.2 The iKBBI (professionalfitters.org) may change the terms
and conditions from time to time.
5.3 The content, layout and organisation of the Website shall
be subject to variation at the sole discretion of The iKBBI (professionalfitters.org).
5.4 In the event of The iKBBI (professionalfitters.org)’s
publication of the Website being restricted, curtailed or
prevented by any law or any other act or thing beyond The
iKBBI (professionalfitters.org)'s control, The iKBBI (professionalfitters.org)
may at any time, notwithstanding anything contained in this
Agreement, forthwith terminate this Agreement in whole or in
part.
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INTELLECTUAL PROPERTY RIGHTS
6.1 To the extent that all copyright and other intellectual
property rights throughout the world in information supplied
by You in connection with the Website and the Services does
not vest in The iKBBI (professionalfitters.org) by operation
of law, You hereby grant to The iKBBI (professionalfitters.org)
(free of charge) an exclusive, perpetual, royalty-free licence
to use such information for any purpose.
6.2 You hereby acknowledge that all present and future
copyright and other intellectual property rights subsisting
in, or used in connection with, the Website (the "Rights"),
including the manner in which the Website is presented or
appears and all information and documentation relating thereto
is the property of The iKBBI (professionalfitters.org) and
nothing contained herein shall be construed so as to transfer
any such rights to You.
6.3 Without prejudice to the generality of the foregoing, if
and to the extent that the You own any or all of the Rights,
You hereby irrevocably and unconditionally assign the Rights,
with full title guarantee, to The iKBBI (professionalfitters.org)
for the full period of copyright and all renewals extensions
and/or revivals thereof and thereafter in perpetuity,
throughout the world.
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WARRANTY/INDEMNITY
7.1 You warrant and undertake that all information supplied by
You shall be true and accurate and fairly obtained and shall
not contain any defamatory material nor prejudice or infringe
any copyright, right of privacy or publicity or similar right
of any third party and that The iKBBI (professionalfitters.org)
may enjoy quiet possession of such information free from any
disturbance, charge or encumbrance.
7.2 You agree to indemnify The iKBBI (professionalfitters.org)
forthwith on demand and hold The iKBBI (professionalfitters.org)
harmless against any and all expenses, damages and losses of
any kind (including reasonable legal fees and costs) incurred
by The iKBBI (professionalfitters.org) in connection with any
claims, actual or threatened, of any kind (including without
limitation any claim of trademark or copyright infringement,
libel, defamation, breach of confidentiality, false or
misleading advertising or sales practices) arising from
information supplied to The iKBBI (professionalfitters.org) by
You or from Your use of the Website or the Services.
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LIMITATION OF LIABILITY
8.1 Neither party shall, nor shall it purport to, exclude or
restrict liability for death or personal injury resulting from
the negligence of it or its employees, servants or agents
acting in the course of their employment.
8.2 You acknowledge that The iKBBI (professionalfitters.org)
has no control over the information that can be accessed by
using the Website and the Services and that The iKBBI (professionalfitters.org)
does not examine Your use of the Services or the nature of the
information You are sending or uploading. The iKBBI (professionalfitters.org)
therefore excludes all liability of any kind for the
transmission or reception or such information of whatever
nature.
8.3 You agree that, except for death and personal injury
arising from our negligence, The iKBBI (professionalfitters.org)
shall not be liable in contract, tort, negligence, statutory
duty or otherwise, for any loss or damage whatsoever arising
from or in any way connected with this contract, including,
without limitation, damage for loss of business, loss of
profits, business interruption, loss of business information,
loss of data, or any other pecuniary loss (even where The
iKBBI (professionalfitters.org) has been advised of the
possibility of such loss or damage).
8.4 You agree not to hold The iKBBI (professionalfitters.org)
responsible for any damages or other liabilities arising from
work performed by any IKBBI member. The iKBBI (professionalfitters.org)
does not and cannot be involved in Your dealings with IKBBI
members, or control whether or not IKBBI members will complete
any work as agreed and in the event that You have a dispute
with one or more IKBBI members, You hereby release The iKBBI (professionalfitters.org)
(and its agents and employees) from any and all claims,
demands and damages (actual and consequential) of every kind
and nature, known and unknown, suspected and unsuspected,
disclosed and undisclosed, arising out of or in any way
connected with such disputes.
8.5 Save as expressly set out herein, all conditions,
warranties and obligations which may be implied or
incorporated into this Agreement by statute, common law, or
otherwise and any liabilities arising therefrom, are hereby
expressly excluded to the extent permitted by law.
8.6 While every reasonable care will be taken in respect of
information supplied by You, The iKBBI (professionalfitters.org)
cannot accept liability for any information placed or omitted
to be placed on the Website (whether or not any such liability
is occasioned by The iKBBI (professionalfitters.org)'s fault
or negligence or otherwise).
8.7 Without limiting the foregoing, The iKBBI (professionalfitters.org)
shall have no liability for any failure or delay resulting
from any governmental action, fire, flood, insurrection,
earthquake, power failure, riot, explosion, embargo, strikes
whether legal or illegal, labour or material shortage,
transportation interruption of any kind, work slowdown,
transmitter or satellite degradation, failure of the Internet,
interruption or failure or any other condition beyond the
control of The iKBBI (professionalfitters.org)'s affecting
production or delivery of the Website and any information
incorporated in it in any manner or any of its obligations
under this Agreement.
8.8 Each of the provisions of this Clause 8 shall be construed
separately and independently of the others.
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TERMINATION
9.1 Either party may terminate this Agreement forthwith by
written notice if the other commits any material breach of any
term hereof and which (in the case of a breach capable of
being remedied) shall not have been remedied within 30 days of
a written request to remedy the same.
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GENERAL
10.1 Clause headings are inserted for convenience only and
shall not affect the construction hereof.
10.2 If any provisions hereof are held to be illegal or
unenforceable such provisions shall be severed and the
remainder of this Agreement shall remain in full force and
effect unless the business purpose of this Agreement is
substantially frustrated thereby.
10.3 You may not assign, transfer or sub-contract any of its
rights hereunder without the prior written consent of The
iKBBI (professionalfitters.org). The iKBBI (professionalfitters.org)
may assign, transfer or sub-contract all or any of its rights
web/hereunder.
10.4 Any express or implied waiver by The iKBBI (professionalfitters.org)
of any term or condition hereof or any breach or default by
You may be terminated by The iKBBI (professionalfitters.org)
at any time. No such waiver shall constitute a continuing
waiver nor shall it prevent The iKBBI (professionalfitters.org)
from acting upon that or any subsequent breach or default or
from enforcing any term or condition hereof.
10.5 This Agreement constitutes the entire agreement between
The iKBBI (professionalfitters.org) and You as to the subject
matter hereof and supersedes all previous communications,
representations and arrangements, either written or oral
(other than fraudulent misrepresentation). You acknowledge
that no reliance is placed on any representation made but not
embodied herein.
10.6 The provisions of Clauses 2, 3, 7, 8, 9, and 11.6 shall
survive termination of this Agreement.
10.7 Any notice to be given under this Agreement may be given
via email, regular mail, facsimile or by hand to the address
provided on the Website or otherwise as notified by one party
to the other.
10.8 No terms or conditions other than those set forth herein
or any variation thereof under Clause 6.2 shall be binding
upon The iKBBI (professionalfitters.org), unless in writing
and signed on behalf of both The iKBBI (professionalfitters.org)
and You.
10.9 Nothing herein shall create or be deemed to create any
joint venture, principal-agent or partnership relationship
between the parties and neither party shall hold itself out in
its advertising or otherwise in any manner which would
indicate or imply any such relationship with the other.
10.10 This Agreement shall be subject to the laws of England
and Wales and the parties shall submit to the exclusive
jurisdiction of the English courts.
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