These terms apply if you
view the Edge Performance Website or use any Edge
Performance Website Services.
1. Your dealings with and interest in promotions, services,
or merchants found on or via the Edge Performance Website are unless
explicitly stated solely between you and the person or
company with whom you are dealing and accordingly
Edge-Performance.co.uk accepts no liability in this regard.
Edge-Performance.co.uk
does not endorse any products advertised.
2.
Edge-Performance.co.uk will when obtaining and using personal
information from you comply with the provisions of the
applicable United Kingdom data protection legislation from
time to time in force. You agree that Edge-Performance.co.uk may use
your personal information for the purposes notified to you
during the registration procedure. The e-mail addresses and
addresses supplied to Edge-Performance.co.uk will be used to
communicate with you and such communications may carry
advertising from our company.
3. You shall not use the
Edge Performance Services to publish, link
to, post or otherwise transmit:
- Any material that is defamatory, pornographic, obscene,
indecent, abusive, offensive, menacing or which may incite
violence, cruelty or racial hatred, or which is in any other
way unlawful;
- Any material that infringes the copyright, trade mark
or other intellectual property rights of any party;
- Unsolicited promotional e-mail or other bulk e-mail
(spam);
- Computer viruses, Trojan Horses, worms, or other
destructive or contaminating code or program or any
information that advises any other party how to do such
acts;
- Streaming data, downloads or web pages accessible to
the public or any matter which is likely to create a heavy
load upon the systems or bandwidth of Edge-Performance.co.uk.
4.
Edge-Performance.co.uk may at any time without notification or
notice to you remove from any website used or operated by
Edge-Performance.co.uk in the provision of the Edge
Performance Services any information
posted or transmitted by you in breach of the provisions of
this Agreement. Decisions on such matters will be entirely
at the discretion of Edge-Performance.co.uk and the material removed
will be deleted or disabled.
5. You shall not invade the privacy of other users of the
Edge Performance Services or the Internet in general and you shall
when using the Edge Performance Services comply with any applicable
data protection legislation currently in force.
6.
You are fully responsible for maintaining the
confidentiality of your login name and password assigned to
you on registration and for all activities that occur under
your password or account. If you suspect any unauthorised
use then you should notify Edge Performance immediately.
7. You acknowledge that the information posted on our
website by other users may contain material of an indecent, offensive or
unlawful nature. Edge-Performance.co.uk has no control over such
information and you acknowledge that Edge-Performance.co.uk is not
responsible for such information and does not knowingly
allow such information to be published by users of the
Edge Performance Services. You download or transmit such material at
your own risk.
8. Edge-Performance.co.uk does not guarantee continuous or
uninterrupted use of any of the Edge Performance Services, especially
where Edge-Performance.co.uk finds it necessary to carry out routine
maintenance, repairs, reconfigurations or upgrades or where
there are circumstances beyond its control.
Edge-Performance.co.uk
cannot and will not be liable to you for any failure of or
interruptions to the Edge Performance Services. You are also
responsible for backing up any information or other data
posted or transmitted by you via the Edge Performance Services
and Edge-Performance.co.uk will not be liable for any loss or corruption of
such information or data without
exception. Please make a back-up copy.
9.
Edge-Performance.co.uk gives no warranties, conditions or
representations, express or implied, statutory or otherwise
in relation to the Edge Performance Services. It is your
responsibility to ensure that the software used by you is
suitable and complies with all Internet standard protocols
and the entire risk as to the performance and results of
such software is assumed by you.
10.
Edge-Performance.co.uk reserves the right to withdraw any
information from the Edge-Performance.co.uk without notice
or notification for any reason. Under normal circumstances
we will attempt to notify users prior to withdrawal and
possibly provide alternative arrangements.
11.
Edge-Performance.co.uk shall have the right to attach a short
polite message from Edge-Performance.co.uk or its business partners or
advertisers to the end of each e-mail transmitted via the
Edge Performance mail servers.
12.
Edge-Performance.co.uk does not exclude or limit its liability in
negligence for death or personal injury, or for fraud, or
otherwise insofar as any exclusion or limitation of its
liability is void, prohibited or otherwise unenforceable by
law. Subject to this, Edge-Performance.co.uk is not liable and will not
be liable under any circumstances for any loss or damages
which result or may result from your use of the Edge
Performance
Services (included but not limited to corruption or loss of
data, defects or delays in transmission or any failure or
unavailability of the Edge Performance Services) or for any reliance
on or use of information or services. Edge-Performance.co.uk is also not liable
to you for any act or omission of any other entity
furnishing products or services which are required by you to
use the Edge Performance Services.
13. You undertake to fully indemnify and keep indemnified at
all times Edge-Performance.co.uk against all costs, claims and expenses
suffered by Edge-Performance.co.uk as a result of your breach of the
terms of this agreement or of any law, regulation or code of
practice relating to the Edge Performance Services.
14. If any of the provisions of this agreement are found by
any court to be invalid or unenforceable the invalidity or
unenforceability of such provision shall not affect the
other provisions of this agreement and all provisions not
affected by such invalidity or unenforceability shall remain
in full force and effect. Failure or neglect by
Edge-Performance.co.uk
to enforce at any time any of the provisions of this
agreement shall not be deemed a waiver of
Edge-Performance.co.uk's
rights hereunder nor prejudice Edge-Performance.co.uk's rights to take
any subsequent action.
15. These conditions may be amended at any time. Amendments
will be posted at the Edge Performance Terms Page at www.Edge-Performance.co.uk/Terms.asp and will apply from the date of
posting in respect of any use of the Edge Performance Services
thereafter.
16. These conditions shall be governed by and construed in
accordance with English Law. Both you and
Edge-Performance.co.uk hereby
irrevocably submit to the non-exclusive jurisdiction of the
English Courts for the purpose of hearing and determining
any dispute arising out of this agreement and for the
purpose of enforcement of any judgement.
17. Content
In consideration of our agreeing to permit you to use the
Website to search our database of products/items, you agree
that you will only use, reproduce and print materials
comprising the results of such searches for your own
personal, non-commercial purposes. In particular, you must
not use the contact details provided by private advertisers
of products to contact such advertisers other than in
connection with a genuine enquiry relating to the purchase
by you of the item in question.
The pages contained in the Website may contain technical
inaccuracies and typographical errors. The information in
these pages may be updated from time to time and may at
times be out of date. We accept no responsibility for
keeping the information in these pages up to date or
liability for any failure to do so.
The information contained in the material in the Website is
only for information purposes. The material on the Website
does not constitute advice and you should not rely on any
material on the Website to make (or refrain from making) any
decision or take (or refrain from taking) any action.
The Website contains material submitted and created by
private individuals and other third parties. We exclude all
liability for any illegality arising from or error, omission
or inaccuracy in such material.
We give no warranties, conditions, guarantees or
representations, express or implied, as to:-
(a) the completeness or accuracy of the advice and
information contained on the Website or any website to which
it is linked;
(b) the content of the advertisements for products included
in our database, including but not limited to the ownership,
quality, authenticity of any photographs, compliance with
description or fitness for purpose of any such products;
(c) the completeness of the results of any search of our
database or that the products selected by the search are the
only products on our database which might meet the
searcher's requirements.
18. Copyright and trade marks
All rights, including copyright, in the content of these web
pages and in the photographs of any products displayed on
the Website from time to time and all database rights in our
database of products, are owned or controlled for these
purposes by us.
All trade marks, names, and logos are the proprietary marks
of us or of our associated companies. Marks identifying
third parties are owned or licensed by those third parties
or their associated companies. Nothing in these terms and
conditions in any way confers on you any licence or right
under any trade marks, names or logos.
Except as expressly permitted by these terms and conditions,
you may not copy, reproduce, redistribute, download,
republish, transmit, display, adapt, alter, create
derivative works from or otherwise extract or re-utilise any
of the contents of the Website. In particular, you must not
cache any of the contents for access by third parties nor
mirror or frame any of the content of the Website nor
incorporate it into another website without our express
written permission.
19. Liability
We will need to carry out routine maintenance and servicing
of our website from time to time. While we will seek to keep
disruption to a minimum we cannot guarantee that the Website
will be continuously available on-line. We therefore provide
the Website on an "as is" and "as available" basis.
We make no warranty that the Website (or websites which are
linked to the Website) is free from computer viruses or any
other malicious or impairing computer programs. It is your
responsibility to ensure that you use appropriate virus
checking software.
We are not liable for any failure to perform any of our
obligations under these terms and conditions caused by
matters beyond our reasonable control.
We shall not be liable for any damages, including without
limitation, direct, indirect or consequential damages,
howsoever arising out of your use of the Website or in
respect of any of your actions or omissions taken in
reliance on any of the advice or information contained on
the Website or any website to which the Website is linked
20. Links to non-Edge Performance sites
The Website contains hypertext links to websites that are
not operated by us or by our associated companies. We do not
control such websites and are not responsible for their
content. Our inclusion of hypertext links to such websites
does not imply any endorsement of the material contained on
the websites or of the owners.
21. Links to the Website
You may establish a hypertext link to the home page of the
Website, but not otherwise, without the need for our written
consent, provided there is thereby no implied endorsement or
sponsorship of you, your company or your website by us.
22. Registration details
To gain access to certain services on the Website you will
need to register (free of charge). As part of the
registration process, you will be given a username and/or
password. You agree that the information supplied with your
registration will be truthful, accurate and complete. You
also agree that you will not attempt to register in the name
of any other individual nor will you adopt any username with
we deem to be offensive. All personal information supplied
by you as part of the registration process will be protected
and used in accordance with the terms of our Privacy Policy.
23. General
We reserve the right to assign or subcontract any or all of
our rights and obligations under these terms and conditions
to a third party. If we exercise this right, we shall name
the assignee or subcontractor on the Website and you will be
entitled to terminate the account within 5 working days. You
may not without our prior written consent assign or dispose
of any rights or obligations arising under these terms and
conditions.
24. These terms and conditions of access together with our
privacy policy contain the entire agreement and
understanding between the parties relating to the Website,
and supersede any and all prior agreements, arrangements,
statements and understandings, except for any fraud or
fraudulent representation by either party. We exclude all
representations and warranties relating to access to use of
the Website, whether they are statutory or otherwise, as far
as is possible by law.
25. Privacy Policy
Any information provided by you will be used for Edge
Performance purposes only. Your information will not be
shared with any individual or other companies (such as
direct mail organizations or other third parties).
There are times when we may request information from you,
such as your, name, address and e-mail address. When
additional information is requested, we will try to let you
know at the time of collection how we intend to use the
personal information you provide, such as respond to your
inquiry, accept an order, conduct a survey or allow you to
access specific information such as account information,
etc. We do our best to maintain the accuracy of any personal
information you do supply to us.
26. If you do not agree to obey these terms and conditions
you must stop using the Website immediately
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