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Terms and Conditions

SCOPE OF AGREEMENT

This Terms of Use Agreement ("Agreement") by and between the Constantior ("we", "us", "our"or "Constantior") and you ("you", “the Customer” or "your") governs your use of the Constantior web site ("Site") together with all information, content, products, materials and services made available to you through the same by us and/or third parties (which together with the Site shall be collectively referred to as the "Services"). By using or otherwise accessing the Service, or any component thereof, in any manner whatsoever, you agree to be bound by and comply with the terms and conditions of this Agreement. If you do not agree to this Agreement, please do not access or use the Service in any manner.

"Use" of the Services in this Agreement, means any actual or attempted access or use of the Services, including, without limitation, any transmission, exchange of information or communication associated with the Services. These terms and conditions, together with the other terms of use applicable to other Constantior owned or controlled web sites and any other policies, rules and provisions which are described, linked or otherwise referred to and form a part of this Agreement, including, without limitation our Privacy Policy at http://www.Constantior.com/privacy, constitute the entire agreement between you and us, superseding any and all prior or inconsistent understandings, representations or agreements regarding the Services.

We may add, delete or modify any of our Services at any time at our sole discretion. We may similarly change this Agreement at any time and we will notify you of any changes by posting the changes on the Site. Changes will take effect once we notify you ("effective date"). You can obtain a current copy of this Agreement at any time on our Site. If any change is not acceptable to you, you must stop using the Services. Your use of the Services after the effective date shall constitute your acceptance of such changes. If any new products or services become available, they will be considered a part of the Services and your use of them will be governed by the terms and conditions of this Agreement unless we notify you otherwise. You must also comply with any additional terms which apply to third-party content, material, information, software or other services.

 

INFORMATION AND PASSWORDS

You may be required to provide us with certain information in order to obtain access to and use of certain features and functions of the Services including, without limitation, your name or your company's name, address, telephone number(s), e-mail address, and/or applicable payment data for orders placed for products via the Services (e.g., credit card number, e-mail address, and expiration date) (collectively, your "Information"). You represent, warrant and covenant to us that any Information and any other information or data you provide to us, is true, accurate and complete when given to us and in providing such information to us you will not knowingly omit or misrepresent any material facts or information. You further consent and authorise us to verify your Information as required for your use and to access the Services.

Your userID, password, and any additional codes or passwords are collectively referred to herein as "IDs". Your IDs are personal to you. You agree that you will not allow another person to use your IDs to access and use the Services under any circumstances.

You are solely responsible for maintaining the strict confidentiality of your IDs and for any charges, damages, liabilities or losses incurred or suffered as a result of your failure to do so. We are not liable for any harm caused by or related to the theft of your IDs, your disclosure of your IDs, or your authorisation to allow another person to access and use the Services using your IDs. You agree to immediately notify us if you become aware of any unauthorized use of your IDs or other need to deactivate an ID due to security concerns.

 

SHOPPING

All goods and services offered for sale on the Site (collectively referred to as, "Products") are guaranteed by Constantior against defects in material and workmanship for 30 days from the date of purchase. Within that time period, you must contact Customer Service (customerservices@constantior.com) and we will coordinate attempt to correct or replace the defective Product.

You (the individual shopper), have the right to cancel within seven days of receipt of the purchased product(s). If you cancel your order, you will have your payment returned, simply email our customer services team within this time period (as according to EU regulations).

We have no responsibility or liability whatsoever for products you may obtain from or through other web sites or web pages, even if you were directed or linked to such a site or page through the Site.

If a Product is listed at an incorrect price or with incorrect information, we reserve the right to refuse or cancel orders placed for that Product, whether or not the order has been confirmed and even if your account has been charged (in which event we will issue a credit to your account in the amount of the charge).

Our creation or transmission of an order confirmation does not signify acceptance of your order, nor constitute a binding confirmation of an offer to sell any Product and we reserve the right to accept or decline your order for any reason up until the time the Product is in your possession. We reserve the right at any time, without prior notice, to limit or reduce the quantity you ordered of any Product and we will notify you if we do so. Products are offered for sale only to end user customers and not for resale. We do not accept orders from dealers, exporters, wholesalers, distributors, referrers or other similar persons or companies (collectively referred to as, "Referrers") via the Site, and reserve the right to refuse, cancel or seek the return of any Products that are purchased in violation of the foregoing restrictions. Referrers wishing to place orders for Products should email Constantior on customerservice@constantior.com for more details.

You are responsible for any taxes imposed on the sale or use of Products and applicable taxes may be added to the amount charged for Products purchased on the Site.

 

INTELLECTUAL PROPERTY

The items displayed or otherwise made available via the Services (directly or indirectly), including, without limitation, all text, graphics, images, logos, button icons, programs, software and other data, content, information and materials, tangible and intangible, and all intellectual property rights in and to the same, excluding the Content you upload, post or otherwise transmit via Interactive Services (the "Material"), are owned by or licensed to us.

You have no rights in, or to, such Material and you will not use any Material, except as specifically permitted under this Agreement. Unless otherwise specifically set forth on the Site or we give you written permission, you may only use and access, download and copy the Material (and print a single copy) for your personal use, and you will not alter, erase or otherwise obscure our copyright, proprietary or other notices on the Material. You may not do or allow anyone else to do anything with the Material which is not specifically permitted under this Agreement. You acknowledge and agree that the Material is made available for informational and educational purposes only without representation or warranty of any kind, is not a substitute for legal advice or your professional judgment, and unless otherwise specifically specified on the Site, should not be construed as an endorsement by or representation of the opinions of Constantior. We do not give legal advice. Your reliance upon Material obtained by you on or through the Services is solely at your own risk. You agree to comply with all notices and requirements accompanying third-party Material. All rights not expressly granted in this Agreement are reserved to us.

 

COPYRIGHT COMPLAINTS

Constantior respects the intellectual property rights of others. Constantior may, under appropriate circumstances and at its discretion, disable and/or terminate access to or use of the Service for those users who may be infringing the intellectual property rights of others. If you believe that your work has been copied in a manner that constitutes copyright infringement, please provide Constantior’s copyright agent [jeremy.francis@constantior.com] with the information specified below. Please note that this procedure is exclusively for notifying Constantior that your copyrighted material has been infringed.

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
  • A description of the copyrighted work that you claim has been infringed upon.
  • A description of where the material that you claim is infringing is located on the Site.
  • Your address, telephone number, and e-mail address.
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Constantior’s Copyright Agent for notice of claims of copyright infringement can be reached by email jeremy.francis@constantior.com.

 

LINKS

The Services may provide, from time to time, links to other Wide Web sites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and are not responsible or liable for any content, advertising, products, services or other materials on or otherwise made available via such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services made available on or through any such site or resource.

 

INDEMNIFICATION

You agree to defend, indemnify and hold us harmless against any losses, expenses, costs or damages (including our reasonable legal fees, advisor fees' and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to any claim or action based upon (a) your breach of the terms and conditions of this Agreement, (b) your use of the Services, and/or (c) the use of the Services by any other person using your IDs. We may, if necessary, participate in the defense of any such claim or action and any negotiations for its settlement or compromise. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at our own expense and on notice to you, to assume exclusive defense and control of any such claim or action and then your corresponding indemnification obligation will end.

 

TERMINATION

We may terminate this Agreement, restrict, suspend or terminate your access to and use of the Services immediately and without notice or liability, with or without cause and it will not limit any other rights or remedies which are available to us. You may terminate this Agreement by providing us with written notice of your termination and ceasing to use or access the Services. Termination is your sole right and exclusive remedy if you are not satisfied with the Services. Upon the effective date of any such termination, your right to access and use the Services shall immediately cease.

 

QUOTATIONS AND AGREEMENTS

All Products are subject to availability and Constantior shall be entitled to refuse to Supply an order placed by the Customer.

To order Products you will need to use the ordering procedures specified on Constantior’s resource website.

No contract between Constantior and the Customer for the Supply of Products shall arise until we accept the order either, by written acknowledgement, or upon the Company commencing processing the Customer's order, whichever is the earlier.

Constantior makes no representation whatsoever as to the suitability of the Products or Services for the Customer's purpose.

The Customer cannot cancel an accepted order except following Constantior’s written agreement which may be on terms that indemnify Constantior against all its loss (including loss of profit), costs, damages and expenses (if any) incurred as a result of cancellation.

 

PRICES

The cost of the Products shall be the higher of the price displayed on the Site or quoted whether in e-mails, publicity materials or otherwise and where no price has been quoted (or a quoted price is no longer valid) the price listed in any published price list at the date of the Agreement. Constantior may change the price of the Products before the Contract is formed. If the Customer orders the Products via the Site or in Writing Constantior reserves the right, as part of the acceptance procedure, to validate the price and inform the Customer that the price is higher than that stated in the order.

The price is exclusive of any applicable value added tax ("VAT") or other taxes or duties payable by the Customer and VAT shall be charged, where appropriate, at the rate prevailing at the relevant tax point. The Company's VAT registration number is 683 4253 23.

 

PAYMENT

Products ordered via the Site shall paid for by credit card. When paying by credit card, the Customer warrants that the card is his (or her or its) own and that there are sufficient funds or credit facilities available to pay for the Products. Constantior reserves the right to verify or validate the Customers' credit card details before providing Products. Time for payment shall be of the 7 Products Warranty.

Nothing in these Conditions excludes or limits the liability of Constantior for death or personal injury caused by Constantior’s acts or omissions save as expressly provided above, Constantior, to the extent legally possible, excludes all other express or implied warranties and conditions and the Company shall not be liable to the Customer for any loss or damage whatsoever (including, without prejudice to the generality of the foregoing, any liability in contract, negligence or any other tort, for any indirect or consequential or economic loss or for loss of or depletion of goodwill, loss of business, loss of profit or revenue or opportunity of any kind) arising directly or indirectly in connection with or arising from the Conditions, Contract, Products, Services or otherwise. The liability of the Company under any Contract in respect of any event or series of connected events shall not exceed the sum paid by the Customer for the Products and Services.

 

COPYRIGHT AND THE USE OF MATERIALS AND PRODUCTS

Irrespective of whether title to any Products passes to the Customer the copyright and any other intellectual property rights in, on or associated with the products including without limitation trade markets and design rights (“Intellectual Property”), shall at all times remain with Constantior or its licensors and no such rights shall pass to the Customer.

The Customer may use the materials as supplied. You may place your logo on the Product but the moment this is done Constantior has no association with or responsibility for the product. This also applies as soon as the Customer changes or amends content for the product.

Products are not for any purpose other than training the Customer's own employees or clients.

The Customer would not apply to register any of the Company's trade marks or logos, if any, on or associated with the Products or any confusingly similar mark; and without limitation to the generality of the foregoing in relation to the Products or Services, do such acts or things as are regarded as infringement pursuant to the Copyright, Designs and Patents Act 1988 and/or The Trade Marks Act 1994 or such other equivalent, successor, foreign or amended legislation from time to time wheresoever arising in the world.

This Clause does not apply to Products hired to the Customer or provided for the purpose of preview and only applies to Products purchased on payment of all sums owed by the Customer to the Company:

  • except as otherwise approved in writing in advance by Constantior on a case-by-case basis, Constantior grants the Customer a licence to copy, use and make available SOLELY for training purposes ONLY those elements of the Products that expressly allow copying; and
  • if the Customer is an independent consultant (but not otherwise) then the Customer shall have a licence to use the Products to train its clients (including a licence to copy) provided that the Products are only used under the direct control of the Customer (and in particular not left on the premises or otherwise in the possession or control of any client of the Customer).

 

COPYRIGHT OF WEBSITE

We or Our Licensors own the Intellectual Property Rights in the design, text, graphics, selection and arrangement and all software on this Site and any information contained in it. You may only use this information and reproduce it in hard copy form for the purposes of accessing and using the Service and for reference purposes. The information may not otherwise be reproduced, distributed, transmitted or stored in a retrieval system in any form or by any means including photocopying and recording without Our permission. Any copy of any part of the Site that You make must retain the copyright notice shown on the original.

You may not reproduce or copy Our trademarks without Our permission. Other product and company names appearing on the Site may be the trademarks or registered trade marks of their respective owners and should not be reproduced or copied without the owner's permission.

 

INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER RIGHTS

The Customer, when purchasing Products will not be using them for re-sale. You cannot pass Products in form or email or hardcopy for your profit.

The Customer shall forthwith give written notice to Constantior of any infringement or suspected or threatened infringement of any Intellectual Property, in the Products and Services which shall at any time come to its knowledge.

Following written notice provided Constantior decide what further steps, if any, should be taken to prevent or terminate such infringement and recover damages. This may include the institution of legal proceedings and in any event the Customer shall promptly provide or procure such further assistance as the Company may from time to time request.

 

FORCE MAJEURE

Constantior shall not be liable to the Customer for any loss or damage which may be suffered by the Customer as a direct or indirect result of a Supply by Constantior being prevented hindered delayed or rendered uneconomic by reason of circumstances or events beyond reasonable control including but not limited to Act of God, war, riot, strike, lock-out, trade dispute or labour disturbance, accident, break-down, flood or storm and Constantior shall be entitled to terminate a Contract or delay delivery of Products by a period equal to that during which it is prevented, hindered or delayed as aforesaid.

 

USER SUBMISSIONS

Any material, information, emails or other communication you transmit or post to Constantior or to this Web Site ("Communications") will be considered non-confidential and non-proprietary. Constantior and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, tests and other things embodied therein for any and all commercial and non-commercial purposes.

You are prohibited from posting or transmitting to or from this Web Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law, including without limitation, copyright, trademark, or trade secret. Constantior may, but is not obligated to, monitor or review any areas on this Web Site where users transmit or post Communications. Constantior will have no liability for the content of any Communications, whether or not arising under the laws of copyright, trademark, trade secret, libel, privacy and obscenity or otherwise.

 

CREDIT CARD ORDERS

We will disclose your personal information to our credit card processing company only to the extent necessary to verify and process your order. For orders via PayPal Constantior will not be storing your credit card information, it is sent directly to PayPal.

 

COOKIES

Constantior uses Web browser cookies to save useful pieces of information about you in order to make it easier for you to use our site. For example, when you use the Constantior registration and login process, your email and password can be saved, if you decide, to make the sign in process automatic each time you visit. You can choose to disable this feature by unclicking the "Remember Me" box on the Customer Login section. Once disabled, you may manually sign in each time you visit.

 

FEEDBACK INFORMATION

We occasionally request feedback information about Constantior Products. You may provide this information voluntarily. We also occasionally request information in order for you to take part in special promotions and prizes for using the service. Constantior support and marketing groups use the collected information in order to create the best service for our customers.

 

WEBSERVER ACCESS LOGS

Like most public Web sites, our Web servers record your IP address, source URL and time and date of your visit. This information is used primarily to plan for system capacity and monitor usage of Constantior services.

 

FIREWALL SUPPORT

A firewall can be anything from a set of filtering rules set up on the router between you and the Internet to an elaborate application gateway consisting of one or more specially configured computers that control access. Firewalls permit desired services coming from the outside, such as Internet email, to pass through. In addition, most firewalls now allow access to the Web from inside protected networks. This allows some services to pass, but not others. Constantior is compatible with the vast majority of corporate firewalls and other security systems because it utilizes standard Web protocols (TCP/IP and HTTP) to communicate.

 

DISCLAIMER OF WARRANTY

The Site and Services are provided to you on an “as is”, as available “basis and your use there of is entirely at your own risk. Except as specifically set forth in this Agreement, we make no representations or warranties of any kind regarding the Site and Services, any products made available to you in connection therewith, or your access to or use of any forgoing, whether express or implied, including without limitation, the implied warranties or merchantability, fitness for a particular purpose, title, and/ or non-infringement, or any warranties arising by course of dealing or custom of trade. We make no representation or warranty that any material, content, Products displayed on or off through the Site and/ or our service are accurate, complete, appropriate, reliable or timely. We also make no representations or warranties that the Services will meet your requirements and/ or your access to an use of the Site and services will be uninterrupted or error-free, free of viruses, malicious code, or other harmful components or otherwise secure. Some jurisdictions do not allow the exclusion of certain warranties. Accordingly some of the above exclusions may not apply to you.

 

LIMITATION OF LIABILITY AND RELEASE

To the maximum extent permitted by applicable law, neither Constantior, its licensors, suppliers, partners, affiliates or third-party service providers shall be liable to you or any third party for any direct, indirect, incidental, special, exemplary, punitive or consequential damage or any other form of damages in any manner arising out of or in connection with this Agreement or your use of the Site and Services, regardless of the form of action or the basis of the claim or whether or not Constantior has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and exclusions may not apply to you.

In the event you have any dispute with one or more third parties as a result of the use of the material or the Services, or are in any way damaged as a result of any third party therewith you hereby release and covenant not to sue or otherwise make a claim, demand or file any legal action or institute any legal or regulatory proceedings against us, our affiliates, officers, directors, employees, agents, representatives and suppliers from, for any claims, actions, demands or damages (whether direct, indirect, special, incidental or consequential), or whatever kind or nature, known or unknown, suspected or unsuspected, whether foreseeable or not, disclosed or undisclosed.