1
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Your agreement with Dataflex
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1.1
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The Dataflex Site is provided to you subject to the following terms and conditions of use which constitute the entire agreement between you and Dataflex and (the "Terms"). By accessing any part of the Dataflex Site, you accept these Terms unconditionally and without modification.
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1.2
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These Terms incorporate our Privacy Policy, our Disclaimer and our Copyright notice.
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2
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Use, access and content
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2.1
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The Dataflex Site is provided "as is" and for your own personal private, non-commercial use only, and has been specifically designed for use in the United Kingdom and the United States. You agree not to use or access the Dataflex Site in and from jurisdictions in which it or its contents are restricted or prohibited by local law.
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2.2
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The information, services, articles and data published on the Dataflex Site do not constitute an offer and are intended for general information only, and should not be relied upon for personal, medical, legal or financial decisions. You should take appropriate professional and legal advice before entering into any agreements (particularly agreements involving financial commitment) based upon information on the Dataflex Site. Any and all prices and information are indicative only.
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3
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Non-permitted use
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3.1
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You agree that you will not use the Dataflex Site for any unlawful or illegal purpose, or for any purpose prohibited by these Terms. In the event that you do use the Dataflex Site for such purposes, you agree to indemnify Dataflex against any loss, damage or injury howsoever caused, sustained by you or any third party, arising out of your misuse.
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3.2
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In particular, you agree that you will not do all or any of the below in relation to the Dataflex Site:
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3.2.1
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restrict, prevent or otherwise interfere with any other user's use of the Dataflex Site;
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3.2.2
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post or transmit any unlawful, fraudulent, racially-offensive, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information of any kind (including without limitation any transmissions encouraging unlawful activity that would constitute a criminal offence or give rise to civil liability); and
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3.2.3
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post or transmit (without limitation) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial messages or engage in spamming or flooding.
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4
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Dataflex clients
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4.1
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This section applies only to existing Dataflex clients ("Client Users") who have entered into separate agreements with Dataflex which refer to the provision by Dataflex of certain support services, which shall include online support services rendered by means of the Dataflex Site (the "Support Services").
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4.2
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Client Users will be provided with a username and password in order to access the Support Services. Client Users agree to keep their usernames and passwords confidential and to inform Dataflex immediately on becoming aware that their membership is being used or they have grounds to believe that it might be used by any unauthorised third parties.
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4.3
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Client Users agree to exercise all due care and skill in their use of the Support Services and to comply with all instructions and directions of Dataflex issued from time to time.
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4.4
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Dataflex reserves the right to monitor, suspend and terminate Client Users' access to the Support Services at its discretion and without notice.
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5
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Third party sites
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5.1
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The Dataflex Site may contain hypertext links to internet sites not operated or controlled by Dataflex (the "Third Party Sites"). These links are provided for convenience only and Dataflex does not endorse, nor purport to control, monitor or verify the contents of Third Party Sites. You agree that Dataflex shall not liable for the contents of Third Party Sites and any loss, damage, or injury sustained by you or any third party arising out of use of them.
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6
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Privacy policy - information about you
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6.1
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Dataflex may monitor visits to the Dataflex Site and retain information about you (including, without limitation, the use of cookies and other browser-generated information, together with any data submitted by you). Dataflex is notified for the purposes of the Data Protection Act 1998 (the "Act") and complies at all times with its requirements. Any information supplied by you to Dataflex will be treated with the utmost care.
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6.2
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Information about you ("Your Data"), including "Sensitive Data" as defined in the Act (e.g. religious beliefs, ethnic background) will be put onto the Dataflex database and held, processed, disclosed and used by us, our associated companies and third party product providers in servicing our/their relationship with you. By submitting Your Data you agree to that storage, use and disclosure.
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6.3
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Unless you notify us otherwise you agree that Dataflex, its associated companies and third party product providers, may use and analyse Your Data, including the nature of your transactions to give you information about our or their products and services and those of selected third parties which may be of interest to you. If you do not wish to be contacted for marketing purposes please email us at webmaster@dataflex.com.
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6.4
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You agree that for the purposes described above Your Data may be transferred to countries outside the UK and that the information you provide about yourself shall be accurate, complete and up-to-date.
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7
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Disclaimer and exclusion of liability
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7.1
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Dataflex has taken all reasonable steps to ensure that the information on the Dataflex Site is accurate and complete and that the Dataflex Site (including the Support Services) functions correctly. However, no warranty representation or assurance (whether express or implied) of any kind is given in this respect, nor that the Dataflex Site (including the Support Services) shall be compatible with your hardware and software and bug and/or virus-free, or that it shall be accessible without interruption.
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7.2
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YOU AGREE THAT DATAFLEX SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHATSOEVER (WHETHER DIRECT, INDIRECT, CONSEQUENTIAL OR FUTURE) SUSTAINED BY YOU OR THIRD PARTIES ARISING OUT OF YOUR USE OF THE DATAFLEX SITE OR ANY OF ITS SERVICES (INCLUDING THE SUPPORT SERVICES), WITH THE EXCEPTION THAT DATAFLEX DOES NOT PURPORT TO EXCLUDE LIABILITY IN RESPECT OF:
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7.2.1
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DEATH OR PERSONAL INJURY AS A RESULT OF ANY NEGLIGENCE; AND
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7.2.2
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FRAUD OR FRAUDULENT STATEMENTS ON THE PART OF ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS OR AGENTS.
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7.3
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YOU AGREE TO INDEMNIFY AND HOLD DATAFLEX HARMLESS FROM ANY CLAIM OR DEMAND MADE BY ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE DATAFLEX SITE. LOSS OR DAMAGE FOR THE PURPOSE OF THIS CLAUSE 6 SHALL INCLUDE, WITHOUT LIMITATION, LOSS OF: PROFIT, REVENUE, ANTICIPATED SAVINGS, OPPORTUNITY, GOODWILL AND CORRUPTION OF DATA.
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8
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Copyright notice
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8.1
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You acknowledge and agree that all copyright, database rights and any other intellectual property rights (including confidential information and rights in software) which subsist in the design, layout, processes, functions, data and content of the Dataflex Site are the property of Dataflex, or where appropriate, its information providers, advertisers and other licensors, and are protected by applicable laws. All rights are reserved.
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8.2
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Dataflex grants you a personal, non-exclusive, non-transferrable licence to access the Dataflex Site for the personal, non-commercial downloading, printing, transmission (whether in physical or electronic form) and temporary storage of any materials on the Dataflex Site. You agree that all other use of the Dataflex Site, its underlying software and databases (whether in whole or in part) is prohibited, and that you will not engage in, without limitation, copying, reproduction, permanent storage, re-distribution and incorporation into other materials or web pages, sharing with third parties, reverse engineering, or using it to create any derivative work without the prior written consent of Dataflex.
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8.3
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Permission is granted to link to the Dataflex Site homepage located at www.dataflex.com, but to no other pages within the site.
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8.4
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DATAFLEX is a registered trade mark.
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9
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General
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9.1
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No third party shall have any rights to bring a claim under the Contracts (Rights of Third Parties) Act 1999 in respect of these Terms.
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9.2
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The rights and obligations created by these Terms are enforceable by and may be assigned by us. You may not assign your rights or obligations under these Terms.
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9.3
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Dataflex reserves the right to update these Terms from time to time without notice.
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9.4
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To the extent that any of the provisions of this agreement are or become unenforceable, then it is the intention of the parties that such part be severed from the remaining part, and this shall not affect the validity or enforceability of the agreement as a whole or of any other provisions thereof.
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10
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Governing law and jurisdiction
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10.1
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You agree that these Terms are governed by English Law and the English Courts have exclusive jurisdiction.
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