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terms and conditions of use This Agreement sets forth the terms and conditions governing your access to and use of onestopbusinessshop website. Among other things, this Agreement describes your responsibilities and limits our liability. Please read it carefully. We may amend this Agreement by posting amended terms on our site. Amended terms shall automatically be effective 10 days after they are initially posted on our web site. This Agreement was last revised on 22th January 2002. 1. License; Restrictions on Use. A). You are granted a non-exclusive, non-transferable, limited license to access the Services in accordance with this Agreement. Your use of the Services is governed solely by this Agreement. B). All right, title, and interest (including copyrights and other intellectual property rights) in the Services (both print and machine-readable forms) belong to Business-Needs UK Ltd or their partner companies. You acquire no proprietary interest in the Services. You may not remove or obscure the copyright notice or other notices contained in information and products retrieved from our web sites. C). You may not decompile, reverse engineer, disassemble, rent, lease, loan, sublicense or create derivative works from our web site, which includes the information and software made available therein. You may not copy, modify, reproduce, republish, distribute, transmit or use for commercial or public purposes our web site or any information contained therein, except to the extent required in order for you to use our web site in the manner expressly intended by onestopbusinessshop. D). There is not necessarily a relationship between onestopbusinessshop and the third party owners of any website accessible through our web site and those third party owners. Their licensees retain all right, title and interest (including copyrights and other intellectual property rights) in such third party website and the materials available therein. E). You may provide links to our web site from locations outside our web site provided. (1) You do not remove or obscure, by framing or otherwise, advertisements, the copyright notice or other notices in our web site. (2) You give onestopbusinessshop notice of such a link by e-mail to legal@onestopbusinessshop.co.uk and (3) You discontinue providing links to our web site if notified to do so. 2. The Services. Onestopbusinessshop is not involved in transactions between buyers and suppliers. As a result, onestopbusinessshop has no control over quality, safety or legality of the items or services offered, the truth or accuracy of the listings, the ability of suppliers to sell items or deliver services. Onestopbusinessshop cannot and does not control whether or not suppliers will complete the sale of items or services, or buyers will complete the purchase of items or services they request. 3. Use of Onestopbusinessshop Services. A). Suspension or Termination of an Account. Without limiting any other remedies, onestopbusinessshop may suspend or terminate your account if you are found (by conviction, settlement, insurance or otherwise) to have engaged in fraudulent activity of any kind in connection with our site. Onestopbusinessshop reserves the right to refuse a link to companies not meeting the required criteria for a listing on the link sectors. B). System Integrity. You may not use any device, software or routine to interfere or attempt to interfere with the proper workings of our web site. You may not take any action, which imposes an unreasonable or disproportionately large load on our infrastructure. You may not disclose or share any password to third parties or use your password for unauthorised purpose. C). Security. You are responsible for keeping any password confidential. Once we have allocated a password only you and your employees are permitted to use it. If you discover another party has obtained your user name and password, you should notify us immediately by e-mail to legal@onestopbusinessshop.co.uk and we will issue you a new password. 4. Intellectual Property Rights. A). Ownership. Onestopbusinessshop (and its suppliers) retains sole ownership of all right, title and interest in and to the Services and the onestopbusinessshop web site, including all literary, musical, pictorial, graphic, animation, software and all other elements contained therein. B). Confidentiality. The user acknowledges that, in the course of using the Services, the user shall receive certain non-public information provided by suppliers. The user agrees to keep such information confidential and shall not disclose such information, in whole or in part, to any person other than its representatives. Such information shall be used solely in connection with evaluating or contacting prospective suppliers and shall not be used in any other manner or purpose detrimental to the party who has disclosed such information. 5. Indemnity. The Subscriber agrees to pay, indemnify, and hold onestopbusinessshop (and its directors, officers, employees and agents) harmless from and against any and all liabilities, obligations, losses, damages, penalties, actions, judgements, suits, costs, expenses or disbursements of any kind or nature whatsoever with respect to. (1) Any third-party claim, action or allegation of infringement misappropriation, or violation of copyright or other proprietary rights of any third party or based on any content submitted. (2) Any breach of this Agreement by the Subscriber, or (3) Any third-party claim, action or allegation brought against onestopbusinessshop arising out of or relating to a dispute between users and any suppliers or linked companies. 6. Termination of Agreement A). If the user / partner breaches any of the terms or conditions of this Agreement, onestopbusinessshop may immediately terminate this Agreement by giving notice of such termination. B). The user may terminate this Agreement by providing advance notice to onestopbusinessshop providing there are no outstanding monies. 7. Warranty Disclaimer. THE SERVICES ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS, ONESTOPBUSINESSSHOP AND EACH THIRD PARTY SUPPLIER EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. 8. Limitation of Liability. A). A Covered Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of or any way related to. (1) Any errors in or omissions from the Services or our web site. (2) Any third party websites or content therein directly or indirectly accessed through links in our web site, including but not limited to any errors in or omissions therefrom. (3) The unavailability or interruption of the Services or our web site or any portion thereof. (4) Your use of the Services or our web site (regardless of whether you received assistance from Covered Parties in using the Services or our web site). (5) Your use of any equipment or software in connection with the Services or our web site. (6) The content of the Services or our web site. (7) Any delay or failure in performance. B). "Covered Party" means onestopbusinessshop, its affiliates, partners and any officer, director, employee, subcontractor, agent, successor, or assignee of same. C). THE AGGREGATE LIABILITY OF A COVERED PARTY IN CONNECTION WITH ANY OTHER CLAIM ARISING OUT OF OR RELATING TO OUR WEB SITE SHALL NOT EXCEED THE LESSOR OF. (a) THE AMOUNT PAID BY YOU TO ONESTOPBUSINESSSHOP FOR USE OF THE SERVICES OR OUR WEB SITE OVER THE PAST TWELVE MONTHS, OR (b) £200. YOUR RIGHT TO MONETARY DAMAGES IN THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES THAT YOU MAY HAVE AGAINST ANY COVERED PARTY. D). THE COVERED PARTIES SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES), LOST PROFITS IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE SERVICES OR OUR WEB SITE, INCLUDING THE FAILURE OF ANY COVERED PARTY TO PERFORM ITS OBLIGATIONS, REGARDLESS OF ANY NEGLIGENCE OF ANY COVERED PARTY. 9. Notices. Any notice shall be given by e-mail, to the user at the e-mail address provided to onestopbusinessshop. Notice shall be deemed given 6 hours after the sending of the e-mail (unless sender receives a response indicating the message was undeliverable). 10. Fees and Payments. Joining Onestopbusinessshop as a user is free of charge. You are responsible for paying all applicable taxes and for all products and services and all other costs you incur to buy from us, our partner companies or the linked sites. Onestopbusinessshop may at our sole discretion add, delete or change some or all of our services at any time. 11. Miscellaneous A). Onestopbusinessshop may suspend or discontinue providing the Services or our web site to you with or without cause and without notice. Onestopbusinessshop may pursue any other remedy legally available to it if you fail to comply with any of your obligations hereunder. B). The failure of onestopbusinessshop to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time. C). You may not assign your rights or delegate your duties under this Agreement. D). The parties are independent contractors and no agency, partnership, joint venture, employee-employer relationship is intended or created by this Agreement. E). This Agreement shall be governed by and construed in accordance with the laws of the United Kingdom as they apply to agreements made and solely performed therein. F). Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, will be settled by binding arbitration conducted before an arbitrator who is knowledgeable in computer and cyberspace law. Any such arbitration will be in the United Kingdom. The arbitration will be conducted in accordance with the then applicable Rules of Arbitration. The award rendered will be binding and conclusive on the parties and judgement upon such award may be entered in any court having jurisdiction thereof. Each party will bear its own costs including fees and expenses associated with the arbitration. The arbitrator will not be empowered to award punitive damages to either party. G). This Agreement, including the Additional Terms, constitutes the entire agreement between the parties with respect to the subject matter hereof. All prior agreements, understandings, negotiations or representations, whether oral or in writing, relating to the subject matter hereof are superseded and cancelled in their entirety. H). If any provision hereof is adjudged to be invalid, void, or unenforceable, the parties agree that the remaining provisions hereof will not be affected thereby, that the provision in question may be replaced by the lawful provision that most nearly embodies the original intention of the parties, and this Agreement will in any event remain valid and enforceable. Onestopbusinessshop shall not be liable for any failure to perform its obligations under this Agreement if such failure results from any act of God or other cause beyond its reasonable control (including, without limitation, any mechanical, electronic or communications failure). |
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