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By accessing www.faberross.co.uk (“website") you are agreeing to the terms and conditions that appear below, whether or not you register as a member. These Terms and Conditions are specific to The Executive Club and vary from the Terms and Conditions of the company. The company may vary these Terms and Conditions from time to time. Definitions "company" means Faber Ross Limited. "website" means www.faberross.co.uk. "www.faberross.co.uk" means a domain name and website owned by Faber Ross Limited. "member" means any person that has paid to access the website or purchase services. "defaulting party" means a member who is in breach of any of its obligations under these terms and conditions. "username" and "password" means any identifier used to access the website. "software" means the computer code providing the functions within the website. "services" means the all the information and provided within the website or directly to the member(s). 1. Introduction As a member, you will be able to access material in some areas of the website without going through the registration process. Certain services are only open to you if you register as a member and pay the fee in accordance with these terms and conditions. 2. Registration 2.1. During registration you will create a username and password to be used when using the services. You must keep your username and password confidential at all times, and must not permit anyone else to use it. Any breach of these terms by anyone to whom you disclose your username and password will be treated as if the breach had been committed by you, and will not relieve you of your obligations under these terms and conditions. 2.2. Please notify the site of any changes to your registration details. 2.3. The provisions of the “Privacy Policy” form part of the Terms and Conditions and apply at all times. 2.4. By giving the website your personal information you consent to your information being accessed by a third party, transferred in the event that the Company undergoes reorganization or is acquired by a third party. 3. Fees 3.1. To access the services you must subscribe using a valid credit card, the subscription is for an agreed period and the charge for the specific service is shown on the website. The company reserves the right to change the subscription price at any time. 3.2. You have no cooling off rights under the current regulations in respect of the services once you have paid by credit card. Without prejudice to your statutory rights, refunds are at the discretion of the company. 4. License To Use The Website 4.1. The company grants to the member a non-exclusive right to use the software and print pages of the website as permitted by the Terms and Conditions. The software is and remains the property of the company. The member obtains no rights in the website and the software except the right to use as expressly granted in clause 4 and subject to the Terms and Conditions. 4.2. The member may only use the software on the website to search and view the content of the website. 4.3. The member shall not: (a) Download the software from the website. (b) Use, copy or transfer the software except as permitted by the Terms and Conditions. (c) Distribute, rent, loan, lease or sub-license the software. (d) Alter, adapt, merge, modify or translate the software in any way for any purpose. (e) reverse-engineer, disassemble or decompile the software except as provided in section 50B of the Copyright, Designs and Patents Act 1988. (f) Allow any third party access to, or use of, the software. (g) Post, send, upload or otherwise transmit information/pictures that are obscene or pornographic, racist, offensive, defamatory or otherwise unlawful. (h) send or upload files as listed in clause 8 that contain software or other materials in breach of any intellectual property rights or in breach of confidence; 4.4. Upon termination of the Agreement for any reason, the license granted in clause 4 shall automatically terminate and the member shall immediately cease to use the software and any such use of the software after termination is unlawful. 4.5. The company reserves the right to disclose any information as required by law, remove, refuse to post or edit any information, to block access and to take such action as may be necessary to prevent any breach of these Terms and Conditions. The company will also fully cooperate with law enforcement and other relevant authorities regarding any investigation of suspected unlawful activity of network security. 5. Renewals 5.1 Notification of renewal of membership will be sent to you by email and you can renew your membership fee by direct debit or any Credit Payment Card. 6. Termination 6.1. The company may terminate these Terms and Conditions with immediate effect by giving written notice under the Terms and Conditions to the defaulting party if: (a) The defaulting party is in breach of any of its obligations under these Terms and Conditions and; (b) if the breach is capable of remedy and has continued un-remedied for a period of twenty one days after the company has given notice to the defaulting party specifying the breach and the steps required to remedy it; on. 6.2. The expiry or the termination of these Terms and Conditions (for any reason) shall; (i) be without prejudice to any other rights or remedies which either the company or the member may be entitled to under these Terms and Conditions or at law; (ii) not affect any accrued rights or liabilities which either the company or the member may then have; and (iii) not affect the coming into or continuance in force of any provision of these Terms and Conditions which it expressly or by implication intended to come into or continue in force after such termination. 6.3. The company may terminate these Terms and Conditions at any time without giving notice to a member, in the event that the member commits a material breach of these Terms and Conditions. 7. Intellectual Property Rights 7.1 The entire copyright, database rights and any other intellectual property rights on the website (including any software) throughout the world and all rights in the domain name of the website, the name "www.faberross.co.uk" and all other trade marks of the company shall be and shall remain the exclusive property of the company or its licensors. Other than the rights expressly granted in these Terms and Conditions, the member obtains no rights to the website. All content included on the website, such as text, graphics, logos, button icons, images, video and audio clips and software is the property of the company and is protected by 8. Confidentiality 8.1. The member undertakes to the company to keep confidential all information (written or oral) concerning the business or affairs of the company that it has received as a consequence of the discussions leading up to the Terms and Conditions or which it subsequently receives or creates as a consequence of the performance of these Terms and Conditions. 8.2. Clause 7.1 shall not apply to confidential information which the member is required to disclose by law or which the member can demonstrate was; (i) already in the member's possession prior to its receipt from the company; (ii) was subsequently disclosed to it lawfully by a third party who did not obtain such confidential information (directly or indirectly) from the company; or (iii) was in the public domain, at the time of receipt by the member or has subsequently entered the public domain other than as a result of a breach of clause 8 by the member. 9. Warranties and Liabilities 9.1. Except as expressly provided in these Terms and Conditions, all warranties and representations, express or implied and howsoever arising, in relation to the software, website and the provision of services under the Terms and Conditions are excluded to the maximum extent permitted by law including, without limitations, all warranties in relation to the following: (a) While all reasonable efforts have been made to ensure that the information emanating from the Company is accurate, the company will not be liable for any loss or damage however arising as a result of the member relying on such information. (b) The company does not warrant that the software and website will be error free, or that the website or its server(s) are free of computer viruses or other harmful mechanism(s). The member must make adequate protection against these contingencies. The member remains responsible for any consequences, including costs and losses, arising from use of the website or software. 9.2. The company, to the maximum extent permitted by law, excludes all liability including, without limitation, liability for special, indirect or consequential loss (including loss of profits, earnings and goodwill) whether or not the company has been advised of the possibility of such. 9.3. The entire liability of the company to the member, (including without limitation, breach of contract, misrepresentation, negligence and any other tort) is limited to the subscription fee paid by the member to the company. 10. General 10.1. Headings in the Terms and Conditions are for convenience only and will have no legal meaning or effect. 10.2. FORCE MAJEURE. The company shall not be liable for any delay or failure to perform any of its obligations under the Terms and Conditions if such delay or failure is due to any cause beyond its reasonable control. 10.3. NOTICES. All notices to be given under these Terms and Conditions shall be in writing and shall be sent by first class post or facsimile to the relevant address on the member registration form. However, if either party sends a notice under these Terms and Conditions by facsimile, it shall also send the original notice by post, posted first class within twenty-four hours of the transmission of the relevant facsimile. All notices sent by post shall be sent to the address of the other party set out in the Terms and Conditions as appropriate. Any notice given under the Terms and Conditions which is sent by post and which is not returned to the sender as undelivered shall be deemed to have been received two days after posting (if the address of the other party is in the United Kingdom) or four days after posting (if the address of the other party is outside the United Kingdom). Any notice given under the Terms and Conditions, which is sent by facsimile in accordance with this clause shall be deemed to have been received on the date of transmission. 10.4. ENTIRE AGREEMENT. The Terms and Conditions constitute the entire agreement between the member and the company. No addition to or modification of the Terms and Conditions shall be effective unless it is in writing and signed by the member and the company. 10.5. JOINT VENTURE OR PARTNERSHIP. Nothing in the Terms and Conditions shall create, or be deemed to create, a partnership or joint venture between the member and the company or the relationship of principal and agent between the member and the company. 10.6. WAIVER. No delay or failure on the part of any party to exercise or to enforce any right given to it by the Terms and Conditions or at law, or any custom or practice of the member and/or the company at variance with the terms of the Terms and Conditions shall constitute a waiver of respective rights of either the member or the company under the Terms and Conditions or operate so as to prevent the exercise or enforcement of any such right at any time. 10.7. SEVERABILITY. If any provision of the Terms and Conditions is held to be invalid or unenforceable, in whole or in part, that provision or part shall to that extent be deemed not to form part of the Terms and Conditions, however, the validity and enforceability of the remainder of the Terms and Conditions shall not be affected. 10.8. ASSIGNABILITY AND SUB-CONTRACTING. The member may not assign the whole or any part of its rights or obligations under the Terms and Conditions without the prior written consent of the company. The company may assign or sub-contract the whole or any part of its rights or obligations under the Terms and Conditions without restrictions. 10.9. LAW AND JURISDICTION. The Terms and Conditions shall be governed by and construed in accordance with English Law and the member and the company submit to the non-exclusive jurisdiction of the Courts of England and Wales and where applicable the European Courts. Copyright By viewing or accessing this website, you are acknowledging your agreement to the following: 1. Unless otherwise expressly stated, copyright or similar rights in all material presented on this website, including graphical images, is owned by www.faberross.co.uk 2. The member has limited permission to print or download extracts from these pages for personal use only and shall not be entitled to commercialize any such material in any way. 3. Any copies of the pages of the website which you save to disk or to any other storage system or medium may only be used for subsequent viewing purposes or to print extracts for personal use. 4. The member may not (whether directly or indirectly including through the use of any program) create a database in an electronic or other form by downloading and storing all or any part of the pages from the website without prior written consent of the company. 5. Unless with prior permission of the company no part of the website may be reproduced or transmitted to or stored in any other website nor may any of its pages or part thereof be disseminated in any electronic or non electronic form, nor included in any public or private electronic retrieval system or service. Disclaimer The contents of this website are subject to the matters set out below. All users acknowledge and accept the disclaimer right in order to obtain access to this site. 1. Contents are only for general information or use by our subscriber(s). 2. The information on the website is updated from time to time, however, we hereby exclude any warranties (whether expressed or implied), as to the quality, accuracy, efficacy, completeness, performance, fitness for a particular purpose of, the content(s) of the website. 3. The company will not be liable for any damages (including, without limitation, damages for any consequential loss or loss of business opportunities or projects, or loss of profits) however arising and whether in contract, tort or otherwise from the use of or inability to use the website, or from any action or omission taken as a result of using the website. 4. You should note that certain links on the website lead to resources located on servers maintained by third parties over whom we have no control and accordingly the company accepts no responsibility or liability for any of the material contained on those servers. 5. Where part of the website contains advertising and other material submitted to us by third parties please note that those advertisers are responsible for ensuring that material submitted for inclusion on the website complies with all legal requirements. 6. The company may suspend the operation of the website for maintenance or upgrade requirements from time to time. The company will use its best endeavours to notify members when the suspension is likely to take place. 7. All liability is excluded to the extent permitted by law including any implied terms. Faber Ross Ltd. is a company registered in England & Wales No 2376604, whose Registered offices are at Cathedral House, If you have any questions regarding these Terms and Conditions, please use the contact form on the website or write to us at the above address. |
