TERMS & CONDITIONS These terms and conditions form an agreement between Yourself and Salespunch™ covering all forms of interaction. 1. Acceptance You are deemed to have accepted, in full, the terms and conditions contained in this agreement by clicking the ‘Accept’ button as part of the registration process. If your use is on behalf of an employer, you represent and warrant that you have the authorisation to accept these terms and conditions on your employer’s behalf and that your employer agrees to indemnify you and be bound by these terms and conditions. 2. Obligations, Conduct and Restrictions In consideration of your use of the website you agree to:- - provide accurate, current and complete information as required in registration
- maintain the security of your password
- accept all risks of unauthorised access to the information
- be completely responsible for all data you, your client or authorised representative, upload or transmit to the website
- not use the website to transmit spam, harmful, offensive or other such information considered objectionable to Salespunch™
You may not: - copy or infringe any copyright, database right or other proprietary interest of Salespunch™
- transfer this agreement or any rights under it to any other person without the written consent of Salespunch™
- make available to the public, modify, adapt, translate, reverse engineer, disassemble, decompile any part of the content or output except that which is expressly permitted by law without the prior written consent of Salespunch™
- 'hold yourself out' to be Salespunch™
3. Liability Salespunch™ will use its best endeavours to keep all information provided secure and in the strictest confidence in line with the Data Protection Act 1998 (as amended from time to time). Salespunch™ does not warrant that any content or output or information derived will meet your requirements or that the on-line operation will be uninterrupted. Further, receipt of any information from Salespunch™ is at your own risk and while reasonable effort will be used to ensure it is free of error, virus, worm or other destructive feature Salespunch™ will not be liable for any loss or damage, consequential or otherwise, suffered as a result. In any event Salespunch's entire liability shall be limited to the cost of any specific purchase made by you from Salespunch™. 4. Indemnity You will indemnify Salespunch™ and its officers and agents/affiliates in respect of any loss or damage whatsoever which it or they may suffer directly or indirectly from any failure by you, your employees, or by any other party acting through or with you, to comply with the terms of this agreement 5. Intellectual Property and Copyright Copyright of all material rests with Salespunch™ or when applicable as licensor. Salespunch™ is committed to protecting others' intellectual property rights and we ask you to do the same. Unless explicitly agreed otherwise nothing in these terms shall be construed as conferring any licence to Salespunch's intellectual property rights. 6. Links You may find links to other websites. You acknowledge and agree that Salespunch™ is not responsible for their availability or content. 7. Mailings By accepting these terms & conditions you agree that from time to time you may receive mailings from Salespunch™ or one of its trading formats. 8. Breach, Termination, Whole Agreement and Jurisdiction You recognise that breach of this agreement may result in legal proceedings and agree to be bound by any court award to Salespunch™ of any damages. Any express waiver or failure to exercise promptly any right under the terms will not create a continuing waiver or any expectation of non-enforcement. Your rights to use the non-public elements of Salespunch's various websites may be terminated at any time at Salespunch's sole discretion. This agreement sets out the total understanding between the parties. Nothing contained within the agreement shall have the effect of constituting the relationship of ‘employer and employee’ or any form of partnership. This agreement shall be governed and construed by the laws of England and Wales and the parties agree that the courts of England are to have jurisdiction to any dispute that may arise out of, or in connection with, this agreement and submit to the jurisdiction of those courts. Further, nothing contained in the agreement is believed to be unlawful or unenforceable; however should that be the case either now or in the future then it would apply only to the part of the agreement it related to and would not affect the remainder or spirit of the agreement.
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