YOU ARE WARNED THAT IF YOU BREACH THESE TERMS AND CONDITIONS, YOUR PAGES AND/OR SERVICES MAY BE IMMEDIATELY WITHDRAWN.
INTRODUCTION The Edible Systems service is a web-space, leased line and internet domain service provided by Edible Systems Limited and use of the system (hereafter Edible Systems) is at all times subject to the terms and conditions of this Agreement. This Agreement constitutes the entire agreement between you as an authorized user and Edible Systems and by using Edible Systems's services, you confirm your acceptance of, and agree to be bound by, this Agreement.
AGREEMENT TO TERMS AND CONDITIONS This Agreement takes effect
on the date on which you first use or test Edible Systems or when
you pay for their services, whichever is the earliest. From time to
time, it will be necessary to update the terms and conditions. We
undertake to give you, wherever possible 7 days notice of any change
and you agree to be bound by the new terms and conditions by your
use of the system after the implementation date for them. We reserve
the right to impose immediate implementation of new terms and
conditions where necessary for the protection of the system. Should
you find any new terms and conditions unacceptable, then you will be
granted a refund of any unexpired part of your subscription and you
agree that, save for this refund, you will not make any claims
whatsoever for compensation in relation to the cancellation or
withdrawal of your subscription.
You are responsible for reviewing regularly information posted online in the terms and conditions pages.
For the avoidance of doubt, a user during the free-rental or free trial period of Edible Systems shall be governed by this agreement as if a full user.
INFORMATION PROVIDED BY YOU You warrant that the name,
address and payment information that you provide when you join
Edible Systems is correct and you agree to notify Edible Systems of
any changes in the name, address and/or payment details.
You agree that Edible Systems may disclose your name and address where there is any complaint about the content of your pages or in relation to goods or services advertised there.
You warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into this Agreement and to use Edible Systems's services in accordance with this Agreement. You agree to be responsible for the use of Edible Systems and to comply with your responsibilities and obligations as stated in this Agreement.
USAGE Edible Systems will not monitor the contents of your pages. Files that you upload to your web-pages are subject to withdrawal without notice by Edible Systems upon complaint about their content where Edible Systems at their sole discretion deem this necessary. You warrant the accuracy, truthfulness or reliability of any information (including statements of opinion or advice) which you place on your web-pages. You warrant that you are authorised to promote any information which you do so on your web-pages (for example if you are providing financial information, that you hold any necessary authorisation under the Financial Services Acts etc.).
You agree to keep secure your Edible Systems identification, password and other confidential information relating to your account.
We cannot guarantee that the system will never be infltrated by unauthorised users or hackers. Your data pages may not be secure against hackers and you take that risk. If you find evidence of infiltration, please let us know and we will take steps both to try and prevent it and to notify the proper authorities.
You are personally responsible for the use of your account and the secrecy of your password. If you are a corporate user then the company is also responsible, together with the individual using the account. In addition, you are deemed to be logging onto the system (i.e. the authorised person for that account) when an account is logged on by using your correct account ID and password. You must also tell us immediately if someone steals your password or if you find someone else is using your ID. Our system will not accept the use of any ID more than once so this should never happen unless someone has got access to your ID and password). We will change your password for you if this is the case. You must also co-operate with us and the police concerning any legal action taken arising from the misuse of your account by anyone else.
You are entirely responsible for the content of your web-pages. You may not, under any circumstances, use Edible Systems pages to do any of the following:
publish, post, distribute or disseminate defamatory, infringing, obscene, indecent or other unlawful material or information
threaten, harass, stalk, abuse, disrupt or otherwise violate the legal rights (including rights of privacy and publicity) of others
engage in illegal or unlawful activities
make available / upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents;
make available / upload files that contain a virus or corrupted data
falsify the source or origin of software or other material contained in a file that you make available on your web-pages
act, or fail to act, in your use of the web-pages, in a manner that is contrary to applicable law or regulation. You are entirely responsible for any civil or criminal liability which is incurred as a result of your use of your web-pages.
If you post a defamatory/libellous message, it is you that publish it and you that will be liable for the consequences of it. You will also be liable for our reasonable legal costs incurred in defending any defamation or libel action caused by your page content and you agree to indemnify us for any damages which are awarded against us by a court of law or which we pay as a result of settling such an action upon Counsel's advice.
TERMINATION Edible Systems may terminate your subscription at
any time, with or without cause, upon reasonable notice. You may
also do the same, provided that at any time, notice is one month for
quarterly billing and one week for monthly billing.
Where Edible Systems terminates your subscription with cause, or you terminate your subscription, you will not be entitled to any refund of any unused part of your subscription.
Edible Systems expressly reserves the right to terminate or suspend your subscription without prior notice should you fail to comply with these Terms and Conditions or should Edible Systems deem such action necessary to protect Edible Systems and in such circumstances Edible Systems will confirm such termination or suspension by subsequent notice.
Save for any refund of unused parts of the subscription as above, you will not be entitled to any compensation whatsoever in the circumstances of termination and Edible Systems will not be liable for any consequential loss whatsoever in relation to termination of your account in any circumstances. After termination of your account, Edible Systems may if they deem it applicable at their sole discretion post a redirection to any new URL should you desire this.
USE OF MATERIAL FOR ADVERTISING Edible Systems will not distribute web-pages outside Edible Systems without the subscribers consent but may include information about them in promotional materials and advertising and may make such information available to third parties for promotional or advertising purposes and you agree that files that you have uploaded to Edible Systems may be used in such manner and for such purposes.
CHARGES You agree to pay all charges for your use of Edible
Systems at the prices in effect at the beginning of your
subscription period or the anniversary thereof.
Edible Systems reserves the right to change prices or institute new charges for use of Edible Systems at any time upon not less than thirty (30) days' notice. All changes will be posted online within new terms and conditions page.
Payment of your account balance is due at inception and subsequently on the anniversary thereof. Where payment is not made within 30 days of due payment, your account may be suspended or terminated at our discretion. You agree to pay a late payment charge on all amounts due but unpaid for thirty (30) days after being billed at UKP5 per month or part thereof.
STORAGE IN ALL CONFERENCES Your annual subscription covers the cost of up to 20MB of file storage. We reserve the right to charge for additional space used at our current rates in force at any time.
ADVERTISING ON Edible Systems If you advertise or offer to sell goods or services via your web-pages, you undertake to provide goods in conformity with any description and warranties made. You agree to comply with all relevant Advertising and Broadcast regulations, Consumer Credit Acts and Trades Descriptions Acts etc.. If you are advertising goods in the course of a trade or business this must clearly be so stated.
EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY Edible Systems and all Edible Systems services are provided "as is," and Edible Systems make no express or implied representations or warranties to you regarding the usability, condition or operation thereof.
Edible Systems will at all times use best endeavours to attempt to maintain an uninterrupted and error-free service, however Edible Systems make no representations or warranties regarding the services provided by them and do not warrant that use of Edible Systems will be uninterrupted or error-free, or that Edible Systems services will meet any particular criteria of performance or quality.
Edible Systems will at all times use best endeavours to attempt to maintain and safeguard your data on its system however Edible Systems accept no responsibility for any loss or damage to data or the loss thereof.
Edible Systems expressly disclaim all implied warranties, including without limitation, warranties of merchantability, title, fitness for a particular purpose, non-infringenient, compatability, security or accuracy.
Your use of Edible Systems services is at your own risk. You accept full responsibility for such use and the risk of any loss resulting from your use of the system and the content of your pages. You also accept full responsibility for safeguarding your own data.
Notwithstanding contrary clauses in this Agreement, in the event that Edible Systems are deemed liable to you for breach of this Agreement, you agree that Edible Systems's liability is limited to the amount actually paid by you for your subscription. You hereby release Edible Systems from any and all obligations, liabilities and claims in excess of this limitation.
Edible Systems does not accept any responsibility whatsoever for anything posted on the system (except by one of our staff) and you agree by using the system that Edible Systems will not be liable for any direct, indirect, special, consequential, exemplary or punitive damages or losses which are incurred in connection with the use of the system even if Edible Systems have been advised of this possibility and you hereby waive any claims with respect thereto, whether based on contractual, tort or other grounds and you agree to indemnify Edible Systems and hold Edible Systems harmless from and against any and all reasonable claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable legal defence and other legal costs) incurred as a result of your actions on the system or materials of information transmitted by you in connection with the system. This means that you may have to pay us where claims are made against us or our system by other callers or third parties.
You agree to indemnify Edible Systems from and against any and all liabilities, expenses (including legal fees) and damages arising out of claims based upon or relating to the use of your web-pages, including any claim of libel, defamation, violation of rights of privacy or publicity, loss of service, non-supply, fraud, infringement of intellectual property or other rights or other claims whatsoever.
Edible Systems will notify you promptly of any claim for which Edible Systems seeks indemnification at the currently supplied address. Edible Systems will afford you the opportunity to participate in the defence of such claim, provided that your participation will not be conducted in a manner prejudicial to Edible Systems's interests, as reasonably determined by Edible Systems and/or their lawyers.
NOTICES AND CONSENTS Notices given by Edible Systems to you
will be given by Email or by a general posting on Edible Systems's
home pages, or by conventional mail.
In any matter requiring Edible Systems's prior consent, such consent must be given in writing by an authorised representative of MSP. Notices given by you to Edible Systems may be given by Email, fax or mail and will be confirmed conventional mail.
Notices to Edible Systems may be sent by you to Edible Systems's Email address given below, by fax or conventional mail and must be confirmed conventional mail.
ASSIGNMENT OF RIGHTS Neither party will assign this Agrement or any benefits or interests arising under this Agreement without the prior written permission of the other party.
DOMAIN NAMES - By registering a .uk domain name, our Clients enter into a contract of registration with Nominet UK on the following terms and conditions: https://www.nominet.uk/terms-of-use/
PRICING POLICIES - Edible Systems publishes its prices in electronic and paper form available from our sales and customer service personnel. We may change these from time to time and will provide at least seven days public notiification of such changes to our customers. We are a high contact communication provider and as such provide a close working relationship with our customers for competitive prices.
COMPLAINT PROCEDURES - If a complaint is not resolved to your satisfaction you can speak to a Director of the Company - Please provide a contact number so that they can contact you directly - Alternatively write to the Managing Director at the address shown below.
GENERAL TERMS AND LAW Edible
Systems reserves the right to do normal system housekeeping such as
creating back-ups AND do not accept responsibility for ensuring back
up works though - your data security is your own problem.
If Edible Systems suspect Illegal Activity, we may notify the authorities and reserve the right to do anything on the system which out lawyers advise us to do in the protection of the system. This Agreement is governed by the laws of the England and Wales, and you consent to the exclusive jurisdiction and venue of the Central London County Courts or the London High Court in all disputes arising out of or relating to your use of the Edible Systems subscription. You acknowledge that no joint venture, partnership, employment, or agency relationship exists between you and Edible Systems as a result of your use of Edible Systems. You agree not to hold yourself out as a representative, agent or employee of Edible Systems. You agree that Edible Systems will not be liable by reason of any representation, act or omission to act by you. Edible Systems's performance under this Agreement is subject at all times to existing laws and legal process and nothing contained in this Agreement is in derogation of Edible Systems's right to comply with law enforcement requests or requirements relating to a Subscribers use of Edible Systems or information provided to or gathered by Edible Systems with respect to such use. SEVERABILITY If any of the provisions of this Agreement is judged to be illegal or unenforcement, the remainder shall continuation in full force and the effect of the remainder of them will be not be deemed to be prejudiced (unless the substantive purpose of this Agreement is then frustrated, in which case either party may terminate this Agreement forthwith on written notice).
ENTIRE AGREEMENT This Agreement constitutes the entire agreement between Edible Systems and you with respect to your use of Edible Systems and the Edible Systems subscription, and it supersedes all prior or contemporaneous communications and proposals, whether oral or written, between Edible Systems and you with respect thereto. Each party confirms that it has not relied on any representation not recorded in this document inducing it to enter into this Agreement.
The address for communication to Edible Systems Ltd by conventional mail shall be:
72 Great Titchfield Street
London W1W 7QW
The telephone number for support is 020 8123 5930
E-mail to email@example.com© 2020, Edible Systems Ltd