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Terms of use
ENTERPRISE ENFIELD WEBSITE Terms of Use By using the Enterprise Enfield website, you are indicating that you have the legal authority to accept the terms and conditions of this Terms of Use statement ("Terms of Use") and you have agreed to be bound by them. The terms and conditions contained in the Terms of Use apply to the contents of this website and all services of Enterprise Enfield made available through this website. Enterprise Enfield may change the terms of the Terms of Use at any time, but all modifications will appear on this web page. As the Terms of Use are subject to change, it is your responsibility to check the Terms of Use for any changes each time you visit the website. If you do not agree to the Terms of Use, please do not use the website. If we decide to change our privacy policy, we will post those changes on our Homepage so our users are always aware of what information we collect, how we use it, and under circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected. The User acknowledges and accepts that Enterprise Enfield may from time to time alter any aspect of the website, or any of the services or products provided through the website, as it thinks fit and without notice to the User. The User accepts that it will have no claim for breach of contract or otherwise in respect of any such alteration. User Conduct The User warrants that in its use of the Web Site it shall:- a) use the website only for lawful purposes, and in a manner which does not infringe the rights of, or restrict or inhibit the use of the website by any third party;b) not engage in any conduct which is unlawful, or which may harass or cause distress or inconvenience to any person;c) without prejudice to the generality of paragraph (b) above, not upload, post, transmit or distribute any material or information in which the User does not own the intellectual property rights, or any material which is in any way unlawful or which is potentially harmful, threatening, abusive, libellous, pornographic or otherwise obscene, or racially or ethnically or otherwise objectionable; andd) not upload, post, transmit or distribute any material or information which contains a computer virus, or other code, files or programs intended or having for effect to disrupt or otherwise adversely affect the operation of the website or of other Users' computer systems. e) not exploit the site or any of its contents for any commercial purpose. Downtime The User acknowledges and accepts that computer and telecommunications systems are not fault free and may from time to time require periods of downtime (being periods during which the website is not available to the User) for the purposes of repair, maintenance and upgrading. Accordingly, Enterprise Enfield does not guarantee uninterrupted availability of the website, but it shall make reasonable effort to minimise any periods during which the website is not available. The User accepts that he or she or it shall have no claim for breach of contract or otherwise in respect of any such period of unavailability. Access to the website may be suspended, restricted or terminated at any time. Enterprise Enfield reserves the right to change, modify, substitute or remove without notice any information on the website from time to time. Access We reserve the right in our sole discretion to deny users access to our site or any part of our site without notice and to decline to provide the service to any user that is in breach of these terms and conditions. Termination At our sole discretion we may terminate your access to the website and the services within it immediately and without notice to you. All disclaimers, indemnities and exclusions in this agreement shall survive termination of this Agreement for any reason. Goods and Services In so far as any goods and/ or services are supplied by us, then they are provided pursuant to our Terms and Conditions for Supply of Goods and Services Through Website. General If any provision of these terms and conditions is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and the validity and enforceability of the remaining provisions of these terms and conditions shall not be affected. We may modify these terms and conditions at any time by publishing the modified terms and conditions on the website. Correcting/ updating personal information If a user's personal identification information changes (such as your postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user's personal data provided to us. This can usually be done by contacting info@enterpriseenfield.org . Governing law and jurisdiction This website is intended for use by English & Welsh residents only [solely for the purposes of business advice and training] and is not intended for use by non-residents of England or Wales. These terms are governed by and to be construed in accordance with English & Welsh law. The sole jurisdiction and venue for any litigation arising out of your use of or inquiries to the Enterprise Enfield website shall be an appropriate English or Welsh court. Indemnification You agree to indemnify and hold harmless each of Enterprise Enfield, its affiliates, officers, directors and employees, from any claim or demand, including reasonable solicitors' fees, made by any third party due to or arising out of your use of this website, the violation of these Terms of Use by you, or the infringement by you of any intellectual property or other right of any person or entity. Entire Agreement These Terms of Use constitute the entire understanding between the parties as to the subject matter hereof, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms of Use will, at the election of Enterprise Enfield, be deleted or modified to correct the defect, and the remainder of the terms of these Terms of Use will remain valid and enforceable. The rights of Enterprise Enfield and the User under these Terms and Conditions may be exercised as often as necessary. They are cumulative and not exclusive of either party's rights under the general law, and may be waived only in writing. Delay in exercising or non-exercise of any right is not a waiver of that right. Terms and conditions for the supply of goods and/or services through a website 1 Our contract By using or subscribing to our site you enter into a binding contract with us on the following terms and conditions. 2 A UK business service only2.1 Our site is directed exclusively at commercial enterprises in the United Kingdom.2.2 You represent to us and to all suppliers of goods and services through our site that all purchases made by you through our site will be made for purposes integral to your business and will be within the scope of your authority to conclude contracts on behalf of your business. 3. Exclusions and limitations3.1 We do not represent or warrant that access to our site, or any part of it will be uninterrupted, reliable or fault free.3.1.1 We do not represent or warrant to you that our site or any of its contents will be accurate, complete or reliable.3.1.2 We do not represent or warrant that:3.1.3 any services (whether or not provided by us) will be provided with due care and skill; or3.2 any goods (whether or not provided by us) will be of merchantable quality or will be fit for any purpose (even if that purpose has been previously notified to us).4. To the extent permitted by law, we exclude all liability (whether arising in contract, tort or otherwise and whether or not due to our negligence) which we may otherwise have to you as a result of:4.1 any technical, factual, textual or typographical inaccuracies, errors or omissions on or relating to our site or any information on our site;4.2 the unavailability of our site (or any part of it), goods or services;4.3 any delay in providing, or failure to provide or make available, goods or services or any negligent provision of goods or services;5 any goods not being of merchantable quality or fit for their intended purpose; or5.1 any misrepresentation on or relating to our site, the goods or the services (other than a fraudulent misrepresentation made by us or on our behalf).5.2 You agree that we shall have no liability for indirect or consequential losses, loss of data, income or profits or damages for loss of or damage to property.5.2.1 You agree that each of these limitations is reasonable having regard to the nature of our site and in particular given that when you purchase information, goods or services through out site you will enter into a separate contract with the supplier in each case.5.2.2 None of the exclusions or limitations in this clause 4 shall exclude or restrict our liability for death or personal injury caused by our negligence.5.2.3 None of the above exclusions shall affect any statutory rights which are not capable of being excluded. However, in such case our obligation, where permitted by law, will be limited to the re-supply of our site, good or service to you. Each of the above exclusions or limitations shall be construed as a separate, and severable, provision of these terms and conditions6 Payment We must receive payment of the whole of the price for any goods and/or services that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form. Our acceptance of your order brings into existence a legally binding contract between us. 2 Price2.1 The prices payable for goods and/or services that you order are as set out in our website.2.2 [You will be required to pay extra for delivery and it might not be possible for us to deliver to some locations. Our delivery charges are set out in our website.] 3 Right for you to cancel your contract3.1 You may cancel your contract with us for the goods and/or services you order at any time up to the end of the seventh working day from the date you receive the ordered goods and/or services. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.3.2 To cancel your contract you must notify us in writing.3.4 If you have received any goods before you cancel your contract then [unless, under clause 3.2, you do not have a right to cancel] you must send the goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.3.5 Once you have notified us that you are cancelling your contract, any sum debited to us from your credit card will be re-credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods and/or services delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you. 4 Cancellation by us4.1 We reserve the right to cancel the contract between us if:4.1.1 we have insufficient stock to deliver the goods you have ordered;4.1.2 we do not deliver to your area; or4.1.3 one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.4.1.4 We are no longer able (for whatever reason) to provide the service4.2 If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered. 5 Delivery of goods to you5.1 We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order.5.2 Delivery will be made as soon as possible after your order is accepted and in any event within 30 days of your order.5.3 You will become the owner of the goods you have ordered when they have been delivered to you. Once goods and/or services have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction. 6 Liability6.1 If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 10 working days of the delivery of the goods and/or services in question.6.2 If you do not receive goods ordered by you within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 40 days of the date on which you ordered the goods and/or services. If you notify a problem to us under this condition, our only obligation will be, at your option:6.2.1 to make good any shortage or non-delivery;6.2.2 to replace or repair any goods that are damaged or defective; or6.2.3 to refund to you the amount paid by you for the goods and/or services in question in whatever way we choose.7 Notices Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at Enfield Business Centre, 201 Hertford Road, Enfield EN3 5JH and all notices from us to you will be displayed on our website from to time.8 Events beyond our control We shall have no liability to you for any failure to deliver goods and/or services you have ordered or any delay in doing so or for any damage or defect to goods and/or services delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident. 9 Links to other sitesCertain links, including hypertext links, in our site will take you outside our site. Links are provided for your convenience and inclusion of any link does not imply endorsement or approval by us of the linked site, its operator or its content. We are not responsible for the content of any website outside our site. 10 InvalidityIf any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.11 PrivacyYou acknowledge and agree to be bound by the terms of our privacy policy.12 Third party rightsExcept for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.13 Governing law The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.14 Entire agreementThese terms and conditions, together with our current website prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of the goods and/or services to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods and/or services offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading. 15 Variations We reserve the right at any time without notice to revise the content of our site (including the services offered by us) and these terms and conditions. Any changes to these terms and conditions will be posted on our site and by continuing to use our site following any such change you will signify that you agree to be bound by the revised terms and conditions of use.16 CopyrightAll rights in the design, text, graphics and other material on our site and the selection or arrangement thereof are the copyright of us or other third parties. Permission is granted to electronically copy and print in hard copy portions of our site solely in connection with the acquisition of goods or services through our site. Any other use of materials on our site (including reproduction for purposes other than those noted above and alteration, modification, distribution, or republication) without our prior written permission is strictly prohibited.You hereby grant to us a perpetual royalty-free, irrevocable licence to copy, issue copies, communicate to the public, make publicly available and include in a cable programme service (either in whole or in part or in a modified or edited form) any material you up-load or post to our site (whether to a chat room, bulletin board or otherwise). You acknowledge and agree that such material is not up-loaded or posted subject to any obligation of confidence.17 Access We reserve the right in our sole discretion to deny users access to our site or any part of our site without notice and to decline to provide the service to any user that is in breach of these terms and conditions of use.18 Applicable law and jurisdictionThese terms and conditions (and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to them or their formation) shall be governed by and interpreted in accordance with English law and, for these purposes, the parties irrevocably submit to the exclusive jurisdiction of English courts.
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