Caterlyst Ltd Websites - Terms & Conditions
1. Introduction
1.1. This website based service is operated by Caterlyst Limited (Caterlyst),
Registered in England no. 05962192. Registered
Office: Caterlyst Limited,
Suite 14, 5 Hercules Way, Leavesden Park, Watford, Herfordshire, WD25 7GS.
Please read our PRIVACY
POLICY and our COOKIE
POLICY in conjunction with these Terms and Conditions.
1.2. Your use of the Website and service is subject to the following Terms &
Conditions of Use, which you are deemed to accept by using the Website. If you
are not prepared to comply with these terms you must leave the website
immediately.
2. Copyright
The copyright and all other rights in the material on the Website are owned by
Caterlyst or are included with the permission of the owner of the rights. No
copying or distribution of material on the Website for any commercial or
business use is permitted without our prior written consent. No photography,
filming, broadcast, alteration or modification of the pages of the Website is
permitted without our prior written consent except as may be reasonably
necessary to use the Website in good faith. Subject to this paragraph, all
rights in material on the Website are reserved to Caterlyst.
3. Prohibited use
You agree not to use the Website or service:
·
to create a database (electronic or otherwise) that includes material downloaded
or otherwise obtained from the Website.
·
to disseminate content on the Website or use the Website for any other
commercial purposes (which would include using the Website to promote or
encourage the sale of your goods/services);
·
to place links on the Website where those links take users to unlawful material
or material that contravenes these Terms and Conditions;
·
to transmit or re-circulate any material obtained from the Website to any third
party except where expressly authorised by Caterlyst;
·
in such a way so as to remove the copyright or trade mark notice(s) from any
copies of any material made in accordance with these Terms and Conditions;
4. Use of Software
4.1. Copyright in any software that is made available from the Website or
service belongs to Caterlyst or its suppliers. Your use of the software is
governed by the terms of any licence agreement that may accompany or be included
with it. Do not install or use any software unless you agree to such licence
agreement.
5. Links to other websites
5.1. You may link to the Website but strictly only on the basis that you do not
replicate the pages of the Website, and subject to the following conditions:
5.1.1. you do not create a frame or any other browser or border environment
around the Website;
5.1.2. you do not in any way imply any endorsement by Caterlyst other than with
its written consent or misrepresent your relationship with Caterlyst;
5.1.3. you do not use any logos or trade marks displayed on the Website without
the express written permission of Caterlyst;
5.1.4. you do not link from a website that is not owned by you; and
5.1.5. your website does not contain content that is distasteful, offensive or
controversial, that infringes any intellectual property rights or other rights
of any other person or otherwise does not comply with all applicable laws and
regulations.
6. Trade Marks
6.1. All Caterlyst trade marks (whether registered or unregistered) and
graphics, logos, designs, page headers and button icons are the intellectual
property rights of Caterlyst and neither they nor any confusingly similar
versions may be used by you including (but not limited to) as part of any trade
marks and/or domain names without the prior written consent of Caterlyst other
than for the purpose of referring to Caterlyst and its associated brands
lawfully and in good faith (only).
7. Registration
7.1. To access certain parts of the Website, Caterlyst will you to have a
licence to use the service and to register and provide certain information about
yourself. Such registration shall be subject to specific terms of registration.
Where you register you also agree to:
7.1.1. provide true, accurate, current and complete information about yourself
as prompted by the relevant registration form (such information being the
"Registration Data"); and
7.1.2. maintain and promptly update the Registration Data to keep it fully up to
date.
7.2. Where information is provided to Caterlyst, (whether directly through the
Website or otherwise) you accept that these methods of communication cannot be
100% secure. Where sensitive information is provided to Caterlyst it uses
encryption software to attempt to prevent unauthorised access to this
information being obtained. However, Caterlyst cannot accept any responsibility
or liability for any damages (other than liability for death or physical injury
arising out of the negligence of Caterlyst or its officers or any liabilities
that cannot, as a matter of law, be excluded) arising from the misuse or loss of
data or information submitted by you to Caterlyst directly through the Website
or otherwise. The provision of personal information by you and use of it by
Caterlyst is subject to Caterlyst’s
PRIVACY
POLICY
7.3. Where you are registered on the Website, you will be allocated a user name
and password. These account details must be used solely by you; sharing your
user name and password with any other person or making it available to multiple
users on a network is strictly prohibited. Accordingly, you agree to:
7.3.1. maintain the security of your user name and password and be fully
responsible for all use of the Website made using your user name and password;
7.3.2. immediately notify Caterlyst if you become aware of any unauthorised use
of your user name and password or any other breach of security by sending an
appropriately worded email to the contact details shown in our
PRIVACY
POLICY
7.3.3. ensure that you exit from your website account at the end of each
session. Caterlyst cannot and will not be liable for any losses, damages or
costs arising from your failure to comply with these requirements.
8. Disclaimer
8.1. Whilst Caterlyst endeavours to ensure that the Website is normally
available 24 hours a day, due to the inherent nature of the Internet, errors,
interruptions and delays may occur in the service at any time. Accordingly, the
Website is provided on an "AS IS" and "AS AVAILABLE" basis without any
warranties of any kind and we do not accept any liability arising from any
interruption in availability. Access to the Website may be suspended temporarily
and without notice in the case of system failure, maintenance or repair or for
any other reasonable cause.
8.2. You acknowledge that whilst Caterlyst endeavours to ensure that information
on the Website and any related material provided to you by Caterlyst, whether by
email or otherwise (“the Caterlyst Materials”) is accurate and complete,
it is provided only for information, and does not constitute any form of advice
or recommendation by Caterlyst.
8.3. Caterlyst will use reasonable endeavours to ensure that the Website does
not contain or promulgate any viruses or other malicious code. However, it is
recommended that you should virus check all such materials and regularly check
for the presence of viruses and other malicious code. Caterlyst excludes to the
fullest extent permitted by applicable laws, all liability in connection with
any damage or loss caused by computer viruses or other malicious code
originating or contracted from the Website.
8.5. Caterlyst will not be liable for any damages (including, without
limitation, damages for loss of the profits) arising in contract, tort or
otherwise from your use or inability to use the Website or any content or from
any action taken (or refrained from being taken) as a result of using the
Website or any content of it, including in respect of infringement of third
party rights arising from your use of the content.
8.6. Links on the Website to third party websites are provided solely for your
convenience. If you use these links, you leave the Website. Caterlyst has not
reviewed these third-party websites and does not control and is not responsible
for these websites or their content or availability. Caterlyst therefore does
not endorse or make any representations about them, or any material found on
them, or any results that may be obtained from using them. If you decide to
access any of the third-party websites linked to the Website, you do so entirely
at your own risk. Please note that Caterlyst gives no warranty that links to
third party sites on the Site shall be marked as such.
8.7. The Website may from time to time contain advertising and sponsorship.
Caterlyst is not responsible for either the content of the material provided by
such advertisers and sponsors or their compliance with voluntary or statutory
codes or provisions.
9. Suspension of access to the Website and User Indemnities
9.1. If, for any reason, Caterlyst believes that you have not complied with any
of these Terms & Conditions it may, at its sole discretion, suspend or cancel
your access to all or some of the Website immediately and without giving you any
advance notice.
10. Limitation of Caterlyst’s Liability
10.1. Caterlyst will not be liable to you for any loss or damage caused by
Caterlyst or its employees or sub-contractors in circumstances where:
10.1.1. there is no breach of a legal duty of care owed to you by Caterlyst (or
its employees or sub-contractors); or
10.1.2. such loss or damage is not a reasonably foreseeable result of any such
breach; or
10.1.3. in respect of any increase in the loss or damage resulting from your
actions.
10.2. Nothing in these Terms & Conditions shall exclude or limit Caterlyst’s
liability for:
10.2.1. death or personal injury caused by the negligence of Caterlyst and/or
its employees negligence; or
10.2.2. fraudulent misrepresentation by Caterlyst and/or its employees.
11. Variation of these Terms & Conditions of Use
11.1. Caterlyst reserves the right to vary these Terms & Conditions of Use from
time to time. Such variations become effective immediately upon the posting of
the varied Terms & Conditions on the Website. By continuing to use the Website
you will be deemed to accept such variations. You should therefore check the
Website from time to time to review the then current Terms & Conditions. These
Terms & Conditions were last updated in February 2017.
12. General
12.1. These Terms & Conditions shall be governed by, and construed in accordance
with, English law and the courts of England and Wales shall have exclusive
jurisdiction to settle any dispute which may arise out of, under, or in
connection with these Terms & Conditions unless Haymarket shall elect to bring
proceedings in the courts of the country of the user's residence or of principal
place of business.
12.2. These Terms & Conditions, as varied by Caterlyst from time to time form
the entire understanding between us. Headings in these Terms & Conditions are
for convenience only and will have no legal meaning or affect.
12.3. No delay or indulgence by Caterlyst in enforcing the provisions of these
Terms & Conditions shall affect Caterlyst’s rights under them nor shall any
waiver of Caterlyst’s rights operate as a waiver of any subsequent breach.
12.4. No right, power or remedy conferred upon or reserved for Caterlyst is
exclusive of any other right, power or remedy available to Caterlyst provided
either under these Terms & Conditions or as a matter of law and each such right,
power or remedy shall be cumulative.
12.5. You may not assign sub-license or otherwise transfer any of your rights or
obligations under these Terms & Conditions.
12.6. If any provision of these Terms & Conditions is found to be invalid the
invalidity of that provision shall not affect the validity of the remaining
provisions of these Terms & Conditions, which shall remain valid and
enforceable.
12.7. Nothing in these Terms & Conditions shall operate to exclude liability
that cannot as a matter of law be excluded and in particular, and
notwithstanding the limitations of liability set out above, our liability for
death or personal injury caused by our negligence shall not be excluded or
limited in any way.