Evans Easynet - Terms of Use
1. Agreement
1.1. www.evanseasynet.co.uk ("the Site") is operated by Evans Easyspace Ltd (“Us”, “We”) and access to and use of the Site is subject to the following Terms of Use and the attached Privacy Policy (“the Terms”)
1.2. The Site is provided for the benefit of customers, and the appointed representatives of the customers, of Evans Easyspace (“the Users” “You”) subject to the Terms which apply immediately on your first use of the Site, and by using the Site you agree to be legally bound by the Terms. If you do not agree to the Terms, please do not use or access the Site
1.3. The Terms are subject to change and can be varied at any time by us posting the variation on the Site. Please review the Terms on a regular basis. Your continued use of the Site following the posting of a variation shall represent your acceptance of the variation of the Terms
2. Registration
2.1. We will provide you with a personalised login and a password which can be used by you to access the online registration process and upon completion of the process, and subject to your acceptance of the Terms, you will become a registered user of the Site.
2.2. Your registration shall continue indefinitely but shall at all times be subject to your continued acceptance of and adherence to the Terms and we shall be entitled at any time to suspend or withdraw at our sole option the registration if you at any time fail to abide by the Terms.
3. Permitted Uses
3.1. You agree to use the Site only for lawful purposes and in a manner which does not infringe, restrict or otherwise interfere with the rights of use or enjoyment of any other user of the Site
3.2. You agree that your use of the Site shall not involve any of the following behaviour, which shall be strictly prohibited;
- harassing or causing distress or inconvenience to any other user or to any other person
- transmitting obscene or offensive content, or making which contain defamatory statements or personal attacks on others, be it individuals or companies
- distributing or otherwise detrimentally affecting the operation of the Site or infringing, restricting or otherwise interfering with the business of Evans Easyspace Limited
3.3. We remain entitled at all times and at our sole discretion to remove any content from the Site if such content;
- is considered to be likely to disrupt, provoke, attack or offend others
- is considered to be racist, sexist, homophobic, sexually explicit, abusive or contains swear words or other language likely to offend or is otherwise objectionable
- is seen to impersonate someone else
- is potentially against the law, or condones or encourages unlawful activity (including breach of copyright, defamation and contempt of court)
- describes or encourages activities which could endanger the safety or well-being of others
3.4. By submitting content to us via the Site you agree to grant us a perpetual, royalty-free, non-exclusive, sub-licenseable right and license to use, reproduce, modify, adapt, publish, translate, distribute, and make available to the public such content including any ideas, concepts, know-how or techniques contained in such content and we shall not be subject to any obligations of confidentiality or privacy in respect of such content, except as otherwise agreed in advance and subject to the privacy restrictions set out in the privacy policy.
3.5. Further to clause 3.4 by submitting your content to us via the Site you warrant that your contribution is not defamatory, does not infringe any law, and is your own original work and that you have the right to make it available to us for all the purposes specified above and you agree to indemnify us against all legal fees, damages and other expenses that may be incurred by us as a result of your breach of the above warranty.
3.6. Content that appears on the Site may not be copied, downloaded, reproduced, broadcast, shown or played in public, republished, uploaded, posted, stored, transmitted or distributed in any way or adapted or changed in any way by any user and you may not use content that appears on the Site in any way except for your own personal, non-commercial use. Any other use of the content requires our prior written permission
4. Intellectual Property
4.1. Unless otherwise indicated, copyright in the Site and in the information, material and content therein is owned by us and we are the owners of the trade marks and service marks appearing on the Site. Nothing within the Terms shall be construed as conferring by implication, estoppel or otherwise any licence or right to use any copyright, trade mark, service mark or design right (registered or otherwise) that appears on the Site
5. Limitations and Warranties
5.1. The content of the Site, including text, graphics, links or other items - is provided on an "as is," or "as available" basis and we do not warrant the accuracy, adequacy or completeness of the content and expressly disclaim liability for errors or omissions therein
5.2. No warranties of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose and freedom from computer virus, are given in conjunction with the content of the Site
5.3. Use of hyperlinks to other internet resources on the Site are at your own risk and such links are not investigated, verified, monitored, or endorsed by us and our liability for any loss or damages arising shall be excluded to the fullest extent permitted by law
5.4. We shall not be liable under any circumstances for any damages (whether such damages were foreseen, foreseeable, known or otherwise) including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with the Site or with the inability to use the Site by any party, or the reliance on the contents of the Site, or in connection with any failure of performance, error, omission, interruption, defect, delay or failure in operation or transmission, computer virus or line or system failure connected to the Site, even if we, or our appointed representatives, are advised of the possibility of such damages, losses or expense
6. Disclaimer
6.1. The content of the Site, and the information, descriptions and materials appearing on the Site are subject to change, and not all products and services that appear on the Site will be available to all users in all geographic areas
6.2. Your use of the Site is at your own risk. We and our associated content providers make considerable efforts to make the content of the Site as accurate as possible but no warranty or fitness is implied
6.3. Neither we nor any of our officers, directors, shareholders, employees, affiliates, agents, third party content providers, sponsors, licensers, or the like, make any representation or warranty or condition, either express or implied, to you;
- that the Site will be uninterrupted or error-free;
- that the Site or the computer server from which the Site is made available, are free of viruses or other harmful components;
- to the accuracy, content, timeliness, completeness, legality, reliability, quality or suitability of any information, advice, content, service, search results provided through the Site
6.4. We make, and you receive, no representations, warranties or conditions, express or implied, statutory or otherwise with respect to;
- the Site, its content, services, documents, information, items or materials provided by Evans EasySpace Ltd in connection with the use of the Site; or
- any goods or services or information received through or advertised on the Site or received through links provided on the Site including without limitation no representations, warranties or conditions of merchantability, suitability, fitness for a particular purpose, non-infringement of proprietary rights or otherwise
6.5. no oral advice or written information given by us or our affiliates, or any of our officers, directors, employees, agents, providers, merchants, sponsors, licensers, or the like, will create a representation, a warranty or condition nor should you rely on any such information or advice
7. General
7.1. Please review our separate privacy policy for details of how we handle personal information of the Users
7.2. If any of the Terms are deemed to be illegal, invalid or otherwise unenforceable by any competent authority in the jurisdiction in which they are intended to be effective, then such term(s) shall be severed and deleted and the remaining terms shall continue to have effect as binding and enforceable upon the parties
7.3. The Terms shall be governed by and interpreted in accordance with the English laws and the parties agree to submit to the exclusive jurisdiction of the courts sitting in England