BACKGROUND:
This agreement applies as between you, the User of this Website and Elesma, the owner(s) of this Website. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
| “Content” | means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website; |
| “Elesma” | means Elesma Ltd. a Company incorporated in England under Company Number 10904438 with registered office at 97 Judd Street, London, WC1H 9JG United Kingdom; |
| “Service” | means collectively any online facilities, tools, services or information that Elesma makes available through the Website either now or in the future; |
| “System” | means any online communications infrastructure that Elesma makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links; |
| “User” / “Users” | means any third party that accesses the Website and is not employed by Elesma and acting in the course of their employment; and |
| “Website” | means the website that you are currently using www.elesma.co.uk and any sub-domains of this site unless expressly excluded by their own terms and conditions. |
2. Intellectual Property
2.1 – All Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Elesma, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other relevant laws.
2.2 – Subject to sub-clause 2.3 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by Elesma.
2.3 – Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
3. Links to Other Websites
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Elesma or that of our affiliates. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
4. Links to this Website
Those wishing to place a link to this Website on other sites may do so only to the home page of the site and only with the prior express permission of Elesma in writing. For information in this respect, you may contact us by email at info@elesma.co.uk .
5. Personal Data, Privacy & Cookies
5.1 – Personal data is defined by the General Data Protection Regulation (EU Regulation 2016/679) (the “GDPR”) as ‘any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier’.
5.2 – Personal data is, in simpler terms, any information about you that enables you to be identified. Personal data covers obvious information such as your name and contact details, but it also covers less obvious information such as identification numbers, electronic location data, and other online identifiers.
5.3 – This Website uses Cookies. This means that a small text or other file is placed on your computer by this website when you visit certain parts of the Website and/or when you use certain features of the Website.
5.4 – Details of the Cookies and your rights regarding your personal data are set out in our Privacy and Cookies Policy. The terms of our Privacy and Cookies Policy are incorporated into these terms and conditions by reference and you should read them before using this Website. To view the Privacy and Cookies Policy please click on this link.
6. Disclaimers
6.1 – Elesma makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service.
6.2 – No part of this Website is intended to constitute legal or other advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
6.3 – Although Elesma uses reasonable endeavours to ensure accuracy, Elesma is not responsible for any loss or damage caused by errors, omissions, misprints or misinterpretation of the contents of this Website. Furthermore, Elesma expressly disclaims any liability to any person, whether a user of this Website or not, in respect of anything done, stated or omitted, and the consequences of anything done, stated or omitted, by any such person in reliance on the contents of this Website.
6.4 – Whilst Elesma uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.
7. Availability of the Website and Modifications
7.1 – The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
7.2 – Elesma accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
7.3 – Elesma reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, the products and/or services available. These Terms and Conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
8. Limitation of Liability
8.1 – To the maximum extent permitted by law, Elesma accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.
8.2 – Nothing in these terms and conditions excludes or restricts Elesma’s liability for death or personal injury resulting from any negligence or fraud on the part of Elesma.
8.3 – Every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977. However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
9. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
10. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
11. Third Party Rights
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Elesma.
12. Communications
12.1 – All notices / communications shall be sent to us either by email to info@elesma.co.uk. Such notice will be deemed received the day of sending if the email is received in full by 4pm (UK time) on a business day and on the next business day if the email is sent after 4pm or on a weekend or public holiday.
12.2 – Elesma may from time to time send you information about our products and/or services. If you do not wish to receive such information, please email the word “UNSUBSCRIBE” by replying to the email from which such information was sent or by emailing us at info@elesma.co.uk
13. Dispute Resolution
13.1 – If you are an individual client acting for purposes which are wholly or mainly outside of your trade, business, craft or profession (i.e. “a Consumer”) and we have made a contract with you by electronic means you may be entitled to use an EU online dispute resolution service to assist with any contractual dispute you may have with us. This service can be found at http://ec.europa.eu/odr Our email address is info@elesma.co.uk
14. Law and Jurisdiction
These terms and conditions and the relationship between you and Elesma shall be governed by and construed in accordance with the Laws of England and Wales; and Elesma and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales sitting in London (except for the purposes of enforcing any judgment or award of the English courts in another jurisdiction).