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2.1
The MotivAction Group plc grants to you a personal, non-exclusive,
non-transferable, royalty-free licence to use all the material
on the Web Site (including but not limited to: software, documentation,
text, pictures, sounds, graphics, articles, video or audio
clips, and advertising material) ('The MotivAction Group plc
Material') on the basis set out in Clause 2.2.
2.2 You are entitled to view, copy, print, access, download and transmit (for
the purposes expressly permitted in these User Terms) and store the The MotivAction
Group plc Material for your own personal, non-commercial use provided that
you do not:
2.2.1 remove any notices relating to the ownership of copyright or other intellectual
property rights in the The MotivAction Group plc Material;
2.2.2 modify, translate, reverse engineer, reproduce, decompile, disassemble
(except as expressly permitted by law) or create derivative works of any of
the The MotivAction Group plc Material;
2.2.3 rent, lease, sub-licence, loan, copy or give or transfer any rights in
the The MotivAction Group plc Material in any form, to any person or entity
without the prior written consent of The MotivAction Group plc.
2.3 Any product, process or technology referred to in the The MotivAction Group
plc Material may be subject to other intellectual property rights of The MotivAction
Group plc and are not made available hereunder.
3.1
Notwithstanding the limited rights granted to you in accordance
with Clause 2, The MotivAction Group plc retains all ownership,
title and interest in the intellectual property rights contained
in the The MotivAction Group plc Material including but not
limited to copyright, database rights, trade marks, patents,
service marks, design rights (whether registerable or otherwise)
know-how, trade or business names, domain names, goodwill associated
with any of the foregoing and other similar rights or obligations
whether registerable or not in any jurisdiction in the world.
3.2 The MotivAction Group plc and the The MotivAction Group plc logo are trademarks
or registered trademarks of The MotivAction Group plc. All other product names
and company logos mentioned in the information, documents or other items provided
or available herein may be the trademarks of their respective owners.
4.
Duration of User Terms and Termination
4.1
These User Terms are binding upon you immediately. You accept
them by your use of this Web Site, and they will remain in
force until the earlier of the following:
4.1.1 you breach any of the terms of the licence granted to you in accordance
with Clause 2;
4.1.2 The MotivAction Group plc terminates these User Terms by notice to you
at any time in accordance with Clause 9.2; or 4.1.3 you terminate these User
Terms by notice to The MotivAction Group plc at any time in accordance with
Clause 9.1.
4.2 In the event that these User Terms are terminated for any of the reasons
stated above, you agree to comply with the following obligations:
4.2.1 the licence granted to you in accordance with Clause 2 shall be terminated
forthwith and you shall have no further rights to use the The MotivAction Group
plc Material;
4.2.2 you must delete or destroy any of the The MotivAction Group plc Material
stored by you in electronic or hard copy form as soon as reasonably practicable;
and
4.2.3 you will have no further rights to access or use the Web Site or any
of the services provided on the Web Site.
5.1
The MotivAction Group plc undertakes to use commercially reasonable
endeavours to prevent breaches of security of the Web Site.
5.2 The Web Site is provided by The MotivAction Group plc on an "as
is" and "as and when available" basis to you. You use the Web Site at your own risk.
5.3 The MotivAction Group plc makes no representation or warranty that the
Web Site or services offered via the Web Site will be accessible, or useable
by you or error free. The MotivAction Group plc uses reasonable efforts to
include accurate and up-to-date information on the Web Site. The information,
documents or other items provided or available on this Web Site could include
technical inaccuracies or typographical errors. The MotivAction Group plc makes
no warranties or representations as to its accuracy. The MotivAction Group
plc assumes no liability or responsibility for any errors or omissions in the
content on the Web Site.
5.4 The MotivAction Group plc is not an agent for and does not represent those
persons, companies and other organisations whose goods or services may be displayed
or referred to on the Web Site.
5.5 The advertisements placed on the Web Site by you or any other third party
do not constitute any part of an offer or contract. The MotivAction Group plc
makes no warranty or representation that the items advertised for sale via
the Web Site are offered: (i) free of encumbrance, charge or any other unexpired
right in the item; or (ii ) that such advertising is a statement or representation
of fact. You should carry out any checks or searches that may reveal faults
in the title or suitability of the item for your own purposes and receive independent
advice before you purchase such item.
5.6 The MotivAction Group plc reserves the right, without notice to you, to
remove any The MotivAction Group plc Material from the Web Site or to suspend
or alter the operation of the Web Site or any of the services on the Web Site,
at its sole discretion or for legal or technical reasons. The MotivAction Group
plc will give you as much notice as possible prior to taking any of the actions
described in this Clause, but prior notice may not always be feasible for a
variety of reasons. The MotivAction Group plc may make improvements and/or
changes to the information or documents provided or available on this Web Site
at any time.
5.7 The MotivAction Group plc may make available to you information based on
the opinion of The MotivAction Group plc or on the opinion of an affiliate
of The MotivAction Group plc. You should not rely upon any such opinion as
a recommendation by The MotivAction Group plc of the goods or services available
of the Web Site. Professional advice should be sought before purchasing any
item on the Web Site or before entering into any legally binding agreement.
6.1
You agree that you are responsible for the security and use
of any user names or passwords needed to access or use the
Web Site or any of the services on the Web Site. You must take
all reasonable steps to ensure that these user names and passwords
are kept confidential and secure and you do not allow any unauthorised
person to access the Web Site or any of the services on the
Web Site using your user name or password.
6.2 You agree that you will not use the Web Site or any of the services on
the Web Site as follows:
6.2.1 to send, receive, upload, download, store, use, distribute or publish
any material that is offensive, abusive, indecent, defamatory, obscene, or
in breach of any other person's Intellectual Property Rights or breaches any
obligation of confidentiality by which you are bound;
6.2.2 to send or distribute multiple unsolicited emails or messages (i.e. 'spam')
or to cause any other person annoyance, inconvenience or worry;
6.2.3 for any purposes connected to any business, including sending any unsolicited
advertisements or promotional material.
6.3 You agree to indemnify The MotivAction Group plc against any claims, costs,
expenses or legal proceedings caused as a result of your use of the Web Site
or the services on the Web Site in contravention of Clauses 6.1 and 6.2. Further,
in these circumstances, The MotivAction Group plc shall be entitled to treat
the contravention as a material breach of these User Terms and terminate the
User Terms and any access permission granted to you by The MotivAction Group
plc forthwith, without notice to you.
7.1
Information about The MotivAction Group plc and any The MotivAction
Group plc Affiliates that is posted on this Web Site has been
extracted from publicly available data about The MotivAction
Group plc and the relevant The MotivAction Group plc Affiliates,
as applicable. Such information contains a true and accurate
picture of The MotivAction Group plc 's activities as of the
date when it was published. While every effort has been made
to ensure the accuracy of all information contained on this
Web Site and to update it regularly, The MotivAction Group
plc disclaims any duty or obligation to update the information
herein and any liability for any inaccuracies. You should check
to see if more recent information is available.
7.2 The MotivAction Group plc has used its discretion, best judgement and all
reasonable efforts in collecting and preparing the information, documents (including
copy, graphics, pictures, etc.) or other items provided or available on this
Web Site, but any such information, document or other item is provided or available
without any warranty of any kind, either expressed or implied, including, but
not limited to, warranties of completeness, accuracy, fitness for a particular
purpose, or non-infringement of any intellectual property rights. The MotivAction
Group plc hereby disclaims any liability to any person for any kind of loss
or damage including, but not limited to, any special, incidental, indirect
or consequential damages caused by errors or omissions in the information,
documents or other items provided or available herein, whether such errors
or omissions result from negligence, accident or any other
cause.
7.3 Your use and browsing of the Web Site is at your risk. Neither The MotivAction
Group plc nor any other party involved in creating, producing, or delivering
the Web Site is liable for any direct, incidental, consequential, indirect,
or punitive damages arising out of your access to, or use of, the Web Site.
7.4 Whilst The MotivAction Group plc has used all reasonable efforts in maintaining
this Web Site virus free, it declines any liability for personal or property
damage, especially direct, indirect, immediate or subsequent pecuniary loss,
which may result from transmission or downloading of computer viruses. Especially
excluded is liability for hardware damage, loss of data, alteration of data,
or downtime.
7.5 This Web Site may contain links or references to third party materials
and web sites that are controlled and operated by parties other than The MotivAction
Group plc. The links will let you leave the Web Site and The MotivAction Group
plc is not responsible for any contents of third party materials, any linked
site or any link contained in a linked site. The inclusion of any reference
or link on the Web Site does not imply endorsement, publication, permission
or authorisation by The MotivAction Group plc of the linked site. If you decide
to access linked third party web sites or materials, you do so entirely at
your own risk. The MotivAction Group plc is providing these links and references
only as a convenience. You should read the applicable user terms and privacy
policy of the linked third party web site before entering into an agreement
with or purchasing from the third party, linked to the Web Site.
7.6 The MotivAction Group plc is not and will not be a party to, or responsible
for, any transaction concerning items advertised for sale on the Web Site.
All agreements are entered into by you and the third party advertiser and/or
third party providing the goods and/or services only.
7.7 The express terms of these User Terms are in lieu of all warranties, conditions,
undertakings, terms, and obligations implied by statute, common law, usage,
course of dealing or otherwise, all of which are excluded to the fullest extent
permitted by law.
8.1
You may send a legal notice to The MotivAction Group plc, or
any questions you may have concerning these User Terms by e-mail
to ideas@motivaction.co.uk. Such notices will be effective
within 3 days of receipt by The MotivAction Group plc.
8.2 The MotivAction Group plc may send you notice by general notice on this
Web Site, by email to your email address on record with The MotivAction Group
plc, or by post to the geographical address on record with The MotivAction
Group plc. Such notice will be effective if sent by email or posted on the
Web Site, 1 day from the date it was sent or posted on the Web Site. If sent
by regular post, it will be effective 3 days after posting by The MotivAction
Group plc.
9.1
In this privacy policy, "The MotivAction Group plc Affiliates" shall mean any subsidiary or holding company of The MotivAction Group plc, or
any subsidiary of The MotivAction Group plc, the holding company
of The MotivAction Group plc, all as defined by Section 736
of the Companies Act 1985, as amended by the Companies Act
1989.
9.2 The MotivAction Group plc reserves the right to add to or change the terms
of these User Terms in its sole discretion without your prior consent. All
changes to the User Terms will be effective once posted on the Web Site. The
MotivAction Group plc will provide notice on the Web Site of any changes to
the User Terms for 30 days after The MotivAction Group plc has posted the amended
User Terms on the Web Site. Your continued use of the Web Site or any of The
MotivAction Group plc 's services available on the Web Site following The MotivAction
Group plc 's posting of such changes will be regarded by The MotivAction Group
plc as acceptance of the amended User Terms. If you do not agree to be bound
by the amended User Terms you should exit the Web Site and not access or use
any of The MotivAction Group plc 's services on the Web Site in the future.
9.3 No variation or amendment to these User Terms by you is valid unless otherwise
agreed by The MotivAction Group plc in writing and signed by a duly authorised
representative of The MotivAction Group plc and you.
9.4 If any part of these User Terms are held by a court of competent jurisdiction
to be unenforceable, the validity of the remainder of these User Terms will
not be affected.
9.5 Your use of the internet is solely at your risk and subject to all applicable
laws, and The MotivAction Group plc has no responsibility for any information,
software, services or other materials accessed or obtained by you using the
internet. The MotivAction Group plc does not assume any liability for timely,
trouble-free and uninterrupted access to the internet.
9.6 These User Terms do not affect any consumer rights that you may have under
the provisions of any applicable law or regulation.
9.7 These User Terms shall be governed by the laws of England, and subject
to the non-exclusive jurisdiction of the English Courts The MotivAction Group
plc makes no representation that any information, materials or functions included
are appropriate for use in any other jurisdiction. If you access the Web Site
you do so on your own initiative and are responsible for compliance with applicable
local laws and regulations.
The
MotivAction Group plc. is committed to protecting your personal
information and other data provided to us via this and any
other direct.motivaction web site (" Web Site "). Please read this Privacy Policy carefully as it contains important information
about the use of information that you provide to us. This Privacy
Policy explains what information The MotivAction Group plc
collects about you, and how we collect and use your information,
including setting out the circumstances where we could provide
it to third parties.
2.1
To take advantage of some of our services (such as setting
up a Personal Folder on the Web Site) you will be required
to log on or register with the Web Site. We may use your IP
address to help diagnose problems with our server and to administer
our Web Site. The information will be collected when you register
with the Web Site in order to use any of the services available
via the Web Site.
2.2 If you choose to advertise on the Web Site or request us to place your
advert with a newspaper or magazine, certain personal information or data (including
credit card and billing information) about you will be captured electronically
or otherwise. In the event that such personal information or data is part of
your advert, such personal information or data will be posted to the Web Site,
newspapers and magazines, as applicable, and may by accessed by users of the
Web Site and/or readers of the relevant newspapers and magazines.
2.3 We will use the information that we collect to personalise your experience
on the Web Site, to help you log on in future and to continue to use the Web
Site, and to help us select services or materials for inclusion on the Web
Site that may be of interest to you. We may need to pass your information to
third parties who help us to maintain, administer or develop the Web Site but,
if so, that information is only given to those third parties for that limited
purpose.
2.4 We also monitor traffic patterns and usage of our Web Site to help us improve
our Web Site design and layout. We may pass this information to our partners
or other third parties but it will not contain any personally identifying information.
2.5 The MotivAction Group plc may want to contact you to notify you of news
about The MotivAction Group plc, changes to the Web Site, special events or
new services or products that we think may interest you or The MotivAction
Group plc may use your details and information to communicate to you offers
for services or goods from other companies within the The MotivAction Group
plc group or other companies which we think may be of interest to you. However,
The MotivAction Group plc will not contact you for these purposes unless you
authorise us to do so by either ticking the relevant boxes (i.e. during registration
on the Web Site) to authorise The MotivAction Group plc to make such contact
or you provide such authorisation in writing to The MotivAction Group plc or
electronically via the Web Site (if applicable). If, at any time thereafter,
you change your mind and would rather not be contacted by The MotivAction
Group plc (or the third parties described above) to receive such information,
please send an email to ideas@motivaction.co.uk with an explanation that you
no longer wish to receive such information or in the event that you have received
a communication containing such information, please click on the "deactivate" link set out in that communication. In those circumstances, The MotivAction
Group plc will not contact you again in relation to the information described
above in this paragraph 2.5. However, The MotivAction Group plc and/or its
group companies will still use your details to send you information and communications
in relation to the services or products for which you have registered.
2.6 If you want to update any of your information held by The MotivAction Group
plc, you can either make certain changes on-line (by clicking on "change
details" while you are logged in) or you can send an email detailing the required amendments
to ideas@motivaction.co.uk .
2.7 The MotivAction Group plc reserves the right to access and disclose personal
data or information to comply with applicable laws and lawful government requests,
to operate its systems properly, or to protect itself or its users.
3.1
From time to time, The MotivAction Group plc may pass your
details to carefully selected, trusted third parties so that
they can also provide you with details of other services or
products that might be of interest to you. If you do not wish
us to do so, you should follow the procedure set out in paragraph
2.5 above and we will not provide your information to third
parties for such purposes.
3.2 We follow security procedures as required by the UK Data Protection Act
1998, in the storage and disclosure of personal information that you have given
us, to prevent unauthorised access to such information. At times we may let
you know about the products or services provided by carefully selected third
parties. We will only deal with partners who comply with the UK Data Protection
Act 1998 as amended from time to time) and any other applicable data protection
legislation or regulations, or with whom we are satisfied have appropriate
measures to protect data. However, The MotivAction Group plc shall have no
liability to you in respect of any breach of security by a third party.
4.1
You acknowledge and agree that:
4.1.1 in the course of using this Web Site or registering with it and any services
offered via this Web Site, certain information about you will be captured electronically
or otherwise and transmitted to The MotivAction Group plc or and, potentially,
to any third parties as set out above or to third parties who host our web
servers or assist us in maintaining this Web Site; and
4.1.2 The MotivAction Group plc may send your information outside of the European
Economic Area for processing or use in accordance with this Privacy Policy.
4.2 You consent to the use, storage, or processing of your personal information
by The MotivAction Group plc (or any third party The MotivAction Group plc
uses for carrying out credit checks) for the purposes of carrying out any credit
checks in the event that you enter into any financial transaction with The
MotivAction Group plc.
4.3 If ordered by a court of competent jurisdiction to provide any of your
personal information collected by The MotivAction Group plc as described in
this Privacy Policy, you consent to The MotivAction Group plc providing such
personal information to that court in accordance with the court's instructions.
4.4 By using this Web Site, you expressly agree to the collection and use of
your information as set out above for the purposes set out in this Privacy
Policy.
For
the purpose of the Data Protection Act 1998, you acknowledge
that in the course of you advertising goods or services on
our Web Site, certain personal data about your employees, agents
or subcontractors or certain personal data of third parties
appearing in the advertising you requested to appear on our
Web Site may be captured electronically or otherwise by us.
If this is the case, you shall ensure that you have obtained
the express consent of any employees, agents, subcontractors
or any applicable third parties to the transfer of their personal
data to us to use, store and process such personal information
for the purposes set out in this Privacy Policy, including
where such personal data forms part of the advertising and
is posted to the Web Site for accessed by users inside and outside of the European Economic Area. You shall
indemnify The MotivAction Group plc from and against all claims
by any employees, agents, subcontractors or any third parties
arising out of your failure to obtain the consent described
in this paragraph 5.
6.1
When you enter into on-line credit or other payment card transactions
(e.g. ordering advertising services on the Web Site), we offer
the use of a secure server. The secure server software encrypts
the information that you input before it is transmitted to
us. To prevent unauthorised access, we follow legally required
security procedures in the storage and disclosure of information
that you have given to us. This means that sometimes we may
ask for proof of identity before we disclose personal information
to you.
6.2 Areas of the Web Site where transactions are entered into, reviewed or
transmitted may be password protected. You can help to preserve your privacy
by never sharing your password with anyone else.
6.3 We seek to limit our employees' access to your information about you to
those employees who need to have such information to service your account.
We emphasise to our employees the confidential nature of user information and
the high level of importance that The MotivAction Group plc places on maintaining
this confidentiality.
We
reserve the right to add to or change the terms of this Privacy
Policy in our sole discretion, without prior notice to you.
If we change this Privacy Policy, we will post the new Privacy
Policy on the Web Site, and it will become effective from the
time of posting to the Web Site. Please visit this Privacy
Policy on a regular basis to make sure you have read the latest
version and you understand what we do with your information.
Wherever possible, we will give you notice of any changes prior
to their implementation.
"The
MotivAction Group plc Affiliates" shall mean any subsidiary or holding company of The MotivAction Group plc, or
any subsidiary of The MotivAction Group plc, the holding
company of The MotivAction Group plc, all as defined by Section
736 of the Companies Act 1985, as amended by the Companies
Act 1989. 9. Feedback If you have any queries or problems
with regard to this Privacy Policy or the uses to which we
put your information, please e-mail us at ideas@motivaction.co.uk |
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