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Terms of Use

­­­Terms of Use

(These terms of use were last updated on 31st July 2016)

 

Definitions & Interpretations used in these Terms & Conditions

ITW - Ipswich Waterfront Ltd trading as Ipswich Town & Waterfront

Client/s -  the business registered to use the service/s of ITW

Service/s - the range of marketing services provided by ITW under this agreement

TOU - Terms of use

Agreement - these terms of use

We/us - Ipswich Waterfront Ltd trading as Ipswich Town & Waterfront

You - the client as named on the registration and/or client agreement form

Website/Site - Ipswich Town & Waterfront website

Affiliated Sites - includes related websites, social media websites, picture hosting websites,

Content - advertisements, postings, messages, text, files, images, photos, video, sounds, and or other materials

Consumer - persons interested in engaging the services of a business/professional through ITW

Fees/charges - fees and/or charges which are payable by you to us

Lead - enquiry from a visitor to our website who has indicated an interest in investigating or purchasing goods/services

Business membership/Or membership - refers to the specific level of business services which the client has registered to use and which is detailed under - https://ipswich-waterfront.co.uk/join

 

1. ACCEPTANCE OF TERMS

1.1 Ipswich Town & Waterfront (otherwise referred to as ITW) provides clients with a collection of digital marketing resources through its website, which includes text options to describe your businesses, photos, new and blog postings, event submissions, and various email services available on or through ITW (referred to hereafter as “the Service”) subject to the following Terms of Use (“TOU”). By using the Service in any way, you are agreeing to comply with the TOU.

1.2 In addition, when using ITW services, you agree to abide by any posted guidelines and or any guidelines communicated to you for all ITW services, which we reserve the right to change from time to time.

1.3 Should you object to any term or condition of the TOU, any guidelines, or any subsequent modifications thereto or become dissatisfied with the Service in any way, your only recourse is to immediately discontinue use of the Service.

2. MODIFICATIONS TO THIS AGREEMENT

We reserve the right, at our sole discretion, to change, modify or otherwise alter these TOU at any time. Such modifications shall become effective immediately upon the posting thereof. You accept responsibility for reviewing this agreement on a regular basis to keep yourself appraised of any changes.

3. ELIGIBILITY FOR USE

3.1 ITW reserves some parts of the Service exclusively for buyers, sellers, collectors and resellers of items and accessories which are acceptable to ITW in its sole discretion.

3.2 Although ITW attempts to limit the use of these parts of the Service to such buyers, sellers, collectors and resellers of items and accessories, nothing herein shall create any right of action against ITW for failing to adequately screen potential users or prevent the use of ITW or the Service by users who are not buyers, sellers, collectors and resellers of items or accessories.

4. CONTENT

4.1 You understand that all content posted on, transmitted through, or linked from the Service are the sole responsibility of the person or business entity from whom such content originated.

4.2 More specifically, you are entirely responsible for each individual item of content that you post, email or otherwise make available via the Service.

4.3 Likewise, if you request the assistance of ITW to create content on your behalf or post content on your behalf, or if you imply consent that ITW may post content on your behalf, either by written or oral or other means, or you fail to inform ITW that content should be removed, you are responsible for the content.

4.4 You waive any and all claims against ITW of a right of publicity for your image or likeness throughout the world by posting any information or pictures of yourself on ITW.

4.5 You understand that ITW does not control, and is not responsible for personal Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable.

4.6 When you post content to the Service, you authorise and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the content on the Service.

4.7 By posting content to any part of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to ITW an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide licence (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Content for any purpose on or in connection with the Service or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorise sublicenses of the foregoing.

4.8 Furthermore, ITW and content available through the Service may contain links to other websites, which are completely independent of ITW. ITW makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Following links to any other websites is at your own risk.

4.9 You agree that you must evaluate, and bear all risks associated with, the use of any content, that you may not rely on said Content, and that under no circumstances will ITW be liable in any way for any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise made available via the Service. You acknowledge that ITW reserves the right to pre-screen or approve content, and that ITW shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any content that is available via the Service, for violating the letter or spirit of the TOU or for any other reason.

4.10 Copyright and all other intellectual property rights created by us in creating content on your behalf or posting content on your behalf will belong to us.  

4.11 However, once a service or project is complete and our invoices for it have been paid in full by you, you have a licence to use our work and any associated designs or photography we have produced for you for the purpose intended. Different terms may apply where work or materials are bought-in from a third party by us on your behalf.

4.12 If you supply us with any work to be incorporated into our services, it is your responsibility to make sure that:

(i) You already own the copyright and all other rights in the work; or

(ii) You have the necessary licence or other legal permission to use and reproduce it; and

(iii) Posting of it will not infringe any third party rights.

If you do not comply with these obligations, you accept that you will compensate us for any claims, damages, legal action and or expenses we face as a result.

4.13 You agree that posting of any content of any kind howsoever generated will be at the discretion of ITW.

5. THIRD PARTY CONTENT, SITES, AND SERVICES

5.1 ITW and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of ITW, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.

5.2 Your interactions with any organisation(s) and or individuals found on or through the Service, including but not limited to payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organisations and/or individuals.

5.3 You agree that it is your responsibility to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any organisation(s) and or individuals found on or through the Service.

5.4 We do not guarantee the quality, safety or legality of, any Content, the truth or accuracy of the descriptions of any goods or services offered for sale, the right of the sellers to sell or license any such goods or services, or the ability of any buyer to purchase any such goods or services with any organisation(s) and or individuals found on or through the Service.

5.5 You agree that ITW shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings between users of the Service. If there is a dispute between users of the Service, or between users and any third party, you understand and agree that ITW is under no obligation to become involved.

5.6 In the event that you have a dispute with one or more other users or any organisation(s) and or individuals found on or through the Service, you hereby forever release ITW, its officers, employees, servants, agents and successors in rights from any claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service.

6. NOTIFICATION OF CLAIMS OF INFRINGEMENT

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please send your notice (“Notice”) to ITW for notice of claims of copyright or other intellectual property infringement by emailing [email protected]

Please include the following with your Notice:

  • The identity of the material on ITW that you claim is infringing, in sufficient detail so that we may locate it on the website;
  • A statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law;
  • Your address, telephone number, and email address;
  • A statement by you declaring under penalty of perjury that
  • the above information in your Notice is accurate, and
  • that you are the owner of the copyright interest involved or that you are authorised to act on behalf of that owner; and
  • Your physical or electronic signature.

7. PRIVACY AND INFORMATION DISCLOSURE

ITW may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses and other user information. Your personal information is further governed by ITW’s Privacy Policy.

8. CONDUCT

You agree not to post, email, or otherwise make available Content:

  • that is not directly about your business or the activity of your business;
  • That is not directly about your own business or the activity of your business
  • that is unlawful, harmful, threatening, abusive, harassing, defamatory, libellous, invasive of another’s privacy, or is harmful to minors in any way;
  • that is pornographic or depicts a human being engaged in sexual activities or exposing sexual organs unfitting for the Service;
  • that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  • that suggests a discriminatory preference based on race, sexual orientation, gender, colour, nationality, religion, sex, familial status or disability;
  • that violates UK law;
  • that impersonates any person or entity, including, but not limited to, an ITW employee, or falsely states or otherwise misrepresents your affiliation with a person or entity. This provision does not apply to Content that constitutes lawful non-deceptive parody of public figures;
  • that includes personal or identifying information about another person without that person’s explicit consent;
  • that is fraudulent, false, deceptive, misleading, or deceitful;
  • that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
  • that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement;
  • that constitutes or contains any form of advertising or solicitation if: posted in areas of ITW which are not designated for such purposes, or emailed to ITW users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests;
  • that includes links to commercial services or web sites, except as specifically permitted;
  • that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by UK law;
  • that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affect other users’ ability to use the Service, or that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.

Additionally, you agree not to:

  • contact anyone who has asked not to be contacted;
  • “stalk” or otherwise harass anyone;
  • collect personal data about other users for commercial or unlawful purposes;
  • use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service unless expressly permitted by ITW;
  • post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
  • post the same item or service in more than one classified category or forum;
  • attempt to gain unauthorised access to ITW’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or ITW;
  • or use any form of automated device or computer program that enables the submission of Content on ITW without such Content being manually entered by the author thereof (an “automated posting device”), including without limitation, the use of any such automated posting device to submit Content in bulk, or for automatic submission of Content at regular intervals.

9. POSTING AGENTS

A “Posting Agent” is a third-party agent, service, or intermediary that offers to post Content to the Service on behalf of others.

9.1 You may use a Posting Agent to post Content to the Service with the express permission from ITW.

9.2 Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Service to facilitate posting Content on behalf of others, except with express permission or license from ITW.

10. NO SPAM POLICY

10.1 You understand and agree that sending unsolicited email advertisements to email addresses obtained vis the website is expressly prohibited by these TOU and is in breach of The Privacy and Electronic Communications Regulations 2003.

10.2 Any unauthorised use of ITW computer systems is a violation of the TOU and could result in the sender, and or the sender’s servants or agents subject to civil and or criminal proceedings.  

11. PAID POSTINGS

11.1 We may charge a fee for posting content in some areas of the Service. The fee is an access fee permitting content to be posted in a designated area.

11.2 Each party posting content to the Service is responsible for said content and compliance with the TOU.

11.3 All fees paid will be non-refundable in the event that content is removed from the Service for violating the TOU.

11.4 Fees collected for specific services, such as subscription services and advertising, are non-refundable unless otherwise stated in writing for a specific promotional programme.

12. LIMITATIONS ON SERVICE

12.1 You acknowledge and agree that ITW may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service.

12.2 You acknowledge and agree that ITW has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service.

12.3 You acknowledge and agree that ITW reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that ITW shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

13. ACCESS TO THE SERVICE

13.1 ITW grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include:

(a) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by ITW. 

A limited exception to this is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file.

“General purpose internet search engine” does not include a website or search engine or other service that specializes in classified listings or in any subset of classifieds listings such as decorative goods or furniture, or which is in the business of providing classified ad listing services.

13.2 ITW does not permit you to display on your website, or create a hyperlink on your website to, individual postings on the Service, except with express permission from ITW, which will not be unreasonable withheld. Any unauthorised links are to be removed.

13.3 You may create a hyperlink to the home page of ITW, so long as the link does not portray ITW, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter.

13.4 ITW may offer various parts of the Service in RSS format so that users can embed individual feeds into a personal website or blog, or view postings through third party software news aggregators.

13.5 ITW permits you to display, excerpt from, and link to the RSS feeds on your personal website or personal web blog, provided that:

(a) your use of the RSS feed is for personal, non-commercial purposes only, and

(b) each title is correctly linked back to the original post on the Service and redirects the user to the post when the user clicks on it, and

(c) you provide, adjacent to the RSS feed, proper attribution to “ITW” as the source, and

(d) your use or display does not suggest that ITW promotes or endorses any third party causes, ideas, web sites, products or services, and

(e) you do not redistribute the RSS feed, and

(f) your use does not overburden ITW’s systems.

ITW reserves all rights in the content of the RSS feeds and may terminate any RSS feed at any time.

13.6 Use of the Service beyond the scope of authorised access granted to you by ITW immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a written license from ITW that has been signed by one of ITW’s authorised representatives.

14. TERMINATION OF SERVICE

14.1 Length of business membership is for a minimum of 12 months.

14.2 You agree that ITW, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if ITW believes that you have acted inconsistently with the letter or spirit of the TOU.

14.3 Further, you agree that ITW shall not be liable to you or any third-party for any termination of your access to the Service.

14.4 Further, you agree not to attempt to use the Service after said termination.

15. PROPRIETARY RIGHTS

15.1 The Service is protected to the maximum extent permitted by copyright laws and international treaties.

15.2 Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions.

15.3 Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of ITW.

15.4 You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of ITW, and agree to abide by any and all copyright notices displayed on the Service.

15.5 You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service.

15.6 Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.

15.7 ITW, as well as certain other of the names, logos, and materials displayed on ITW, constitute trademarks, trade names, service marks or logos (“Marks”) of ITW or other entities. You are not authorised to use any such Marks. Ownership of all such Marks and the goodwill associate therewith remains with ITW or those other entities.

15.8 Although ITW does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to ITW an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorise sublicenses (through multiple tiers) of the foregoing.

15.9 Furthermore, by posting Content to any public area of the Service, you automatically grant ITW all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.

16. DISCLAIMER OF WARRANTIES

16.1 You agree that use of ITW and the service is entirely at your own risk. ITW and the service isIS provided on an “as is” or “as available” basis, without any warranties of any kind. All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law.

16.2 To the fullest extent permitted by law, ITW disclaims any warranties for the security, reliability, timeliness, accuracy, and performance of ITW and the service.

16.3 To the fullest extent permitted by law, ITW disclaims any warranties for other services or goods received through or advertised on ITW or the service, or accessed through any links on ITW or the service, including without limitation, warranty of title to or delivery of any good or service, any warranty with respect to intellectual property rights in any goods and/or service, any warranty that any good or service conforms to its description or the colours, texture and detail shown on the user’s computer monitor.

16.4 To the fullest extent permitted by law, ITW disclaims any warranties for viruses or other harmful components in connection with ITW or the service.

16.5 No advice or information, whether oral or written, obtained by you from ITW, ITW or through the service shall create any warranty not expressly made herein.

17. LIMITATIONS OF LIABILITY

17.1 Under no circumstances shall ITW be liable for damages (even if ITW has been advised of the possibility of such damages), resulting from any aspect of your use of ITW or the service, whether the damages arise from use or misuse of ITW or the service, from inability to use ITW or the service, or the interruption, suspension, modification, alteration, or termination of ITW or the service.

17.2 Such limitation shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with ITW or the service or any links on ITW or the service, as well as by reason of any information or advice received through or advertised in connection with ITW or the service or any links on ITW. These limitations shall apply to the fullest extent permitted by law.

18. INDEMNITY

You agree to indemnify and hold ITW, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including legal fees and Court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another.

19. GENERAL INFORMATION

19.1 The TOU, and any additional terms to which you agree when using particular elements of the Service, constitutes the entire agreement between you and ITW and governs your use of the Service, superseding any prior agreement between you and ITW.

19.2 The failure of ITW to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a Court to be invalid, the parties nevertheless agree that the Court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect.

20. VIOLATION OF TERMS

20.1 Report any violations of the TOU by sending an email to [email protected]

20.2 Our failure to act with respect to a breach by you or others does not waive our right to act with respect to the breach in question or subsequent or similar breaches

20.3 You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for ITW to pursue legal action to enforce the TOU, you will be liable to pay ITW the following amounts as damages, which you accept as reasonable estimates of ITW’s damages for the specified breaches of the TOU:

a. If you post a message that:

(i) impersonates any person or entity;

(ii) falsely states or otherwise misrepresents your affiliation with a person or entity; or

(iii) that includes personal or identifying information about another person without that person’s explicit consent,

you agree to pay ITW one thousand pounds sterling pounds (£1,000) for each such message. This provision does not apply to messages that are lawful non-deceptive parodies of public figures.

b. If ITW establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay ITW one hundred pounds (£100) for each message posted in excess of such limits or for each day on which you access ITW in excess of such limits, whichever is higher.

c. If you send unsolicited email advertisements to ITW email addresses or through ITW computer systems, you agree to pay ITW twenty five pounds (£25) for each such email.

d. If you post Content in violation of the TOU, other than as described above, you agree to pay ITW one hundred pounds (£100) for each item of Content posted. In its sole discretion, ITW may elect to issue a warning before assessing damages.

20.4 If you are a Posting Agent that uses the Service in violation of the TOU, in addition to any liquidated damages under clause (d), you agree to pay ITW one hundred pounds (£100) for each and every item of Content posted in violation of the TOU. A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Service (the “Principal”), and the Principal (by engaging the Posting Agent in violation of the TOU) agrees to pay ITW an additional one hundred pounds (£100) for each item of Content posted by the Posting Agent on behalf of the principal in violation of the TOU.

20.5 If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of the TOU without ITW’s express written permission, you agree to pay ITW three thousand pounds (£3,000) for each day on which you engage in such conduct.

20.6 Notwithstanding any other provision of the TOU, ITW retains the right to seek specific performance of any term contained in the TOU, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in the TOU, or to seek to recover damages arising from or relating to a violation of this TOU or any combination thereof.

21. FEEDBACK

We welcome your questions and comments. Please send them to [email protected]

22. TERMS OF USE FOR ALL SERVICES

22.1 ITW offers a variety of business membership packages (“business membership”) as a convenience to its participating businesses and to support consumers looking for information about such services provided by the business members.

22.2 As a condition of your use of the business membership and as material inducement on the part of ITW to offer business membership, you expressly acknowledge and agree that:

(i) Use of the business membership is at your sole risk. ITW and its Affiliates expressly disclaim any and all warranties of any kind, express or implied arising out of or relating to:

For Consumers:

a) the business membership

b) the businesses

c) the Services to be performed by any business

  • your use of the Programs
  • the engagement by you of any Professional
  • any acts, negligence, breach of contract or other conduct engaged in by you or by any of the Professional’s agents, vendors, consultants and the like
  • any other matter relating to the Programs.

(ii) In no event will ITW’s liability to you for any reason whatsoever exceed in the aggregate the sum of £25.00.

(iii) ITW and its Affiliates do not provide, nor will they provide, any service to or for you, nor is ITW and its Affiliates a party to any agreement which you may enter into with a business. If you engage the services of any business, all arrangements in such regard are solely between you and the concerned business.

(iv) If any of the above TOU are found by a court of competent jurisdiction to be invalid, all of the other provisions of the TOU shall remain in full force and effect.

For business members:

a) the business membership

b) the consumers

c) the agreement between you and the consumer.

ITW, its Officers, Directors, members and employees, as well as ITW Affiliates, shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages or other losses resulting from or relating in any manner to:

a) your use of the business membership or services

b) the engagement of you by any consumer

c) any acts, negligence, breach of contract or other conduct engaged in by you or by any of the consumer’s agents, vendors, consultants and the like

d) any other matter relating to the business membership

In no event will ITW’s liability to you for any reason whatsoever exceed in the aggregate the sum of £25.

ITW and its Affiliates are not a party to any agreement which you may enter into with a consumer. If you are engaged by a consumer, all arrangements in such regard are solely between you and the concerned consumer.

If any of the above TOU are found by a court of competent jurisdiction to be invalid, all of the other provisions of the Terms of Use shall remain in full force and effect.

Questions about our services may be directed to: [email protected]

ITW, its Officers, Directors, members and employees, as well as ITW Affiliates, shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages or other losses resulting from or relating in any manner to:

23. BRAND AGREEMENT

Legal Disclaimer: By logging in to your ITW account, you are agreeing to the terms below and you are stating that you have the authority to represent the manufacturer’s products, pricing, and copyrighted material online. If you do not agree to the terms, or if you do not have the legal right to represent this brand relative to the terms below, please do not login to the account.

1) Parties: This “Agreement” between “I” or “me” or the “Company” and ITW. (“ITW”, together with me, “we” or the “parties”) governs the relationship between the parties. The parties agree to conduct this transaction and permit the creation of this Agreement by electronic means.

2) Content: I hereby license to ITW the use of the images (including logo, products, installation photos, etc.), product catalogue, and related data, such as and including product pricing, that I provide or have placed on my website (such images, product catalogue, related data, the “content”) for display on ITW and “Affiliated Sites,” including related websites, social media websites, picture hosting websites, and all other website ITW at its sole discretion believes will provide beneficial exposure to me, and for use in emails, quote requests and promotional materials. I may make suggestions for the best way to showcase my products or display the Content at any time, but ITW retains full discretion regarding what content (if any) to display, how, and where. I represent and warrant that I have obtained all rights in the content necessary for ITW to exercise the rights granted hereunder, that the content is accurate and representative of my products, and that I will update my ITW account with any updates to the content necessary to keep such content accurate and representative of my products. ITW and Affiliated Sites are not responsible for any damages associated with the content or its interpretation.

3) Fees:

i) Price as stated on ITW at the time of purchase of the membership. All payments are paid upfront at the beginning of the 30 day billing cycle. All yearly payments are paid upfront at the beginning of the 365 day billing cycle. Payments are automatically deducted from the business member’s account on file each billing cycle.

ii) Fees are subject to VAT

ii) ITW reserves the right to give you not less than 28 days’ notice of any increases to the charges due on any anniversary of this agreement. 

4) Billing:

i) In the event that a payment is due on my business membership, but my credit card on file in no longer valid or active, ITW may attempt to contact me to determine updated account information. ITW will wait thirty (30) days before suspending my membership.

ii) We reserve the right to charge an administrative fee of £20 plus VAT in relation to reactivation of suspended services

iii) ITW reserves the right to charge interest on any arrears not paid after 30 days at 8.5% of the outstanding balance each month until payment is received in full. 1.8.

iv) ITW reserves the right to appoint a Debt Collection Agency if any payment is not made within 30 days of its due date

6) Termination: Three months’ notice in writing is required to terminate business membership. Outstanding membership fees will be due by the member, should termination fall before the 12 month period is complete. Termination will take effect upon the end of the last day of my billing cycle. ITW may terminate this agreement at will. In the event ITW terminates this agreement early, and I am not in violation of any term of this Agreement, I will receive a prorated reimbursement for the portion of the billing cycle remaining.

End Agreement.

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