Terms and Conditions
By Using Our Site You Accept These Terms and Conditions
Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of Our Site. If you do not agree to comply with and be bound by these Terms and Conditions, you must stop using Our Site immediately.
The following documents also apply to your use of Our Site:
Changes to Policy
· References to other relevant policies included above
· Part 14.2 is now Part 4.2
· Wording amended in Parts 5, 7, 10, 12 & 15 for clarification purposes
· Part 8.4, 9.1 & 13 added
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site; and
means TES Enterprise Solutions Ltd, a company registered in England and Wales under company number 08308394, whose registered address is 10 Western Road, Romford, Essex, England, RM1 3JT and whose main trading address is West Lancashire Investment Centre, Maple View, White Moss Business Park, Skelmersdale, England, WN8 9TG
2. Information About Us
Our Site, www.tes-es.com, is owned and operated by TES Enterprise Solutions Ltd, a limited company registered in England and Wales under company number 08308394, whose registered address is 10 Western Road, Romford, Essex, England, RM1 3JT and whose main trading address is West 1.1 Lancashire Investment Centre, Maple View, White Moss Business Park, Skelmersdale, England, WN8 9TG. Our VAT number is 151990303.
2.2 TES Enterprise Solutions and/or our employees may receive incentives from IBM for marketing and selling IBM products or services
3. Access to Our Site
3.1 Access to Our Site is free of charge.
3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.
3.3 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, update, suspend or discontinue Our Site (or any part of it) at any time and without notice. We do not guarantee that Our Site will always be available or that access to it will be uninterrupted and will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
4. Changes to these Terms and Conditions
4.1 We may alter these Terms and Conditions at any time. If We do so, details of the changes will be highlighted at the top of this page. As explained above, your use of Our Site constitutes your acceptance of these Terms and Conditions. Consequently, any changes made to these Terms and Conditions will apply to your use of Our Site the first time you use it after the changes have been implemented. You are therefore advised to check this page every time you use Our Site.
4.2 In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
5. How You May Use Our Site and Content (Intellectual Property Rights)
5.1 All Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.
5.2 Subject to sub-Clause 5.3 you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Site unless given express written permission to do so by Us.
5.3.1 Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);
5.3.2 Download Our Site (or any part of it) for caching (this usually happens automatically);
5.3.3 Print copies of any page(s) from Our Site;
5.3.4 Download extracts from any page(s) on Our Site; and
5.3.5 Save page(s) from Our Site for later and/or offline viewing.
5.4 Our status as the owner and author of the Content on Our Site (or that of identified licensors, as applicable) must always be acknowledged.
5.5 You may not use any Content saved or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as applicable) to do so. This does not prohibit the normal access, viewing and use of Our Site for general information purposes whether by business users or consumers.
6. Links to Our Site
6.1 You may link to Our Site provided that:
6.1.1 You do so in a fair and legal manner;
6.1.2 You do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
6.1.3 You do not use any logos or trademarks displayed on Our Site without Our express written permission; and
6.1.4 You do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
6.2 You may link to any page of Our Site.
6.3 You may not link to Our Site from any other site the main content of which contains material that:
6.3.1 is obscene, deliberately offensive, hateful or otherwise inflammatory;
6.3.2 promotes violence;
6.3.3 promotes or assists in any form of unlawful activity;
6.3.4 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
6.3.5 is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
6.3.6 is calculated or is otherwise likely to deceive another person;
6.3.7 is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
6.3.8 misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 6.3);
6.3.9 implies any form of affiliation with Us where none exists;
6.3.10 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trademarks and database rights) of any other party; or
6.3.11 is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
6.4 The content restrictions in sub-Clause 5.5 do not apply to content submitted to sites by other users provided that the primary purpose of the site accords with the provisions of sub-Clause 6.3. You are not, for example, prohibited from 1.1 posting links on general-purpose social networking sites merely because another user may post such content. You are, however, prohibited from posting links on websites which focus on or encourage the submission of such content from users.
7. Links to Other Sites
7.1 Links to other sites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of its owners, operators, or any other parties involved in it. These websites should have their own privacy policies, which you should check. We do not accept any responsibility or liability for their policies whatsoever as we have no control over them.
8.1 Nothing on Our Site constitutes advice on which you should rely. It is provided for general information purposes only.
8.2 Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
8.3 We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.
8.4 If you are a business user, We exclude all implied representations, warranties, conditions, and other terms that may apply to Our Site and Content.
9. Our Liability
9.1 Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be lawfully excluded or restricted.
9.2 To the fullest extent permissible by law, We accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content included on Our Site.
9.3 To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content included on Our Site.
9.4 If you are a business user (i.e. you are using Our Site in the course of business or for commercial purposes), We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
9.5 We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware. We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event or internet security risks that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content from it) or any other site referred to on Our Site.
9.6 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
9.7 Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
10. Viruses, Malware and Security
10.1 We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware; however, We do not guarantee that this is the case.
10.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
10.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
10.4 You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
10.5 You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
10.6 By breaching the provisions of sub-Clauses 10.3 to 10.5 you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.
11.1 You may only use Our Site in a manner that is lawful. Specifically:
11.1.1 you must ensure that you comply fully with any and all local, national or international laws and/or regulations;
11.1.2 you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
11.1.3 you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or 1.1.1 any other code designed to adversely affect computer hardware, software, or data of any kind; and
11.1.4 you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
11.2 We reserve the right to suspend or terminate your access to Our Site if you materially breach the provisions of this Clause 11 or any of the other provisions of these Terms and Conditions. Specifically, We may take one or more of the following actions:
11.2.1 suspend, whether temporarily or permanently, your right to access Our Site;
11.2.2 issue you with a written warning;
11.2.3 take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
11.2.4 take further legal action against you, as appropriate;
11.2.5 disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
11.2.6 any other actions which We deem reasonably appropriate (and lawful).
11.3 We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms and Conditions.
12. Privacy and Cookies
13.1 If We have your contact details, We may send you important notices by email from time to time. Such notices may relate to matters including, but not limited to, changes to Our Site or to these Terms and Conditions.
13.2 We will not send you marketing emails without your consent. If you do consent to marketing, you may opt out at any time. All marketing emails from Us include an unsubscribe link. If you opt out of emails from Us, it may take up to 10 working days for your request to take effect and you may continue to receive emails during that time.
13.3 For questions or complaints about communications from Us, please contact Us using the details above in Part 14.]
14.1 To contact Us, please email Us at email@example.com or using any of the methods provided on Our contact page at https://www.tes-es.com/contact/
15.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
15.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 15.1 above takes away or reduces your rights as a consumer to rely on those provisions.
15.3 If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
15.4 If you are a business, any dispute, controversy, proceedings, or claim between you and Us relating to these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.