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WEBSITE TERMS AND CONDITIONS OF ACCESS AND USE
IMPORTANT LEGAL NOTICE
THESE TERMS AND CONDITIONS SHALL APPLY TO YOUR ACCESS TO AND USE OF
THE WEBSITE. BY ENTERING AND USING THE WEBSITE YOU ACCEPT THESE TERMS
AND CONDITIONS OF USE IN THEIR ENTIRETY. IF YOU DO NOT ACCEPT THESE
TERMS AND CONDITIONS YOU MUST IMMEDIATELY STOP USING THE WEBSITE.
Access and use to the DSA eDisposals Website ("Website") is provided
by the Disposal Services Authority, part of the Defence Equipment &
Support organization within the UK’s of the Ministry of Defence with
its main address at St Georges Court, 2-12 Bloomsbury Way, London WC1A
2SH ("DSA") subject to the following Terms and Conditions.
1. PRIVACY
Please review our Privacy Policy at www2.edisposals.com/privacy_policy.htm,
which also forms part of these Terms and Conditions and governs your
visit to our Website.
2. GRANT OF LICENCE
The DSA grants you a limited licence to access and make personal use
of this Website. However, no part of this Website may be downloaded,
modified, reproduced, copied, resold or stored in any other website
or included in any public or private electronic retrieval system or
service without the DSA's prior written permission. Furthermore, any
form of usage for any commercial purpose without our express written
consent is prohibited. If you breach any of the Terms and Conditions,
your permission to use this Website automatically terminates and you
must immediately delete and/or destroy any downloaded or printed extracts
from this Website. Any rights not expressly granted in these Terms and
Conditions are reserved.
3. ACCESS TO THE WEBSITE
The Website comprises a range of services. You may be required to apply
for a user account to enable you to access certain services provided
through the Website. In order to allow the processing of any such application,
you will be required to provide certain information to the DSA. Any
changes to the information so supplied must be advised to the DSA immediately.
You must observe all security requirements specified by the DSA from
time to time in accessing and utilising the Website. You will also be
responsible for the confidentiality and security of any User ID and
Password(s) and security token(s) issued to you to enable you to access
any services provided through the Website. You will be responsible for
the conduct of your account and for any unauthorised use of your account
and the Website. The DSA accepts no liability whatsoever for any loss
or damage caused to you or your data as a result of any unauthorised
use of your account. You agree to notify the DSA immediately should
your User ID or Password(s) and security token(s) be disclosed or you
become aware of any unauthorised use of your account or the Website.
The DSA reserves the right at any time for any reason and without notice
to amend the contents of the Website, to refuse or suspend access to
the Website or to cancel or suspend any account or any agreement for
the provision of additional authorised activities or additional services
in connection with the Website.
4. USE OF THE WEBSITE
The Website may only be used for authorised and lawful activities. The
authorised activities consist of two types of activities: standard activities
and additional permitted activities. The standard activities include:
• accessing and viewing the contents of the public area of the Website;
• communicating with the DSA by e-mail for the purpose of expressing
an interest in categories of equipment advertised on the Website and
for ensuring the user’s contact details are kept up to date; and
• downloading any information made available by the DSA for users. The
additional permitted activities include:
• receipt of regular newsletters and information updates;
• participation in on-line purchase, tenders or auctions; and
• participation in any further electronic services, which may be made
available to users by the DSA from time to time. If you wish to undertake
any of the additional permitted activities, please complete the appropriate
application form on the Website and provide all requisite information
to the DSA. The DSA will review such application and notify you of its
decision as to whether to grant or deny you access to any such additional
activities and the period during which such access is granted.
5. PROHIBITED ACTIVITIES
The following activities are not permitted in relation to the Website
and you must not use the Website for any such purpose:
• the violation of any laws or regulations or undertaking any criminal
offence or unlawful activity including fraud or fraudulent activities;
• the posting, publication, distribution or dissemination of any material,
information or communication that is unlawful, harassing, threatening,
abusive, defamatory, offensive, indecent, obscene, causes a nuisance,
is discriminatory or incites discrimination, hatred or violence;
• making available or uploading information or files that contain computer
viruses, worms, trojans or corrupt data;
• spreading junk e-mails, spam, chain letters, pyramid schemes or other
unsolicited communications;
• using information or material in such a manner that it infringes copyright,
trademark, design right, patent or other intellectual property right
or which results in the disclosure of any confidential information;
• collecting or storing personal information about others, including
e-mail addresses or otherwise violating the legal rights of others;
• using the Website in such a manner as to damage, disable, overburden
or impair the Website or interfere with any other person’s use and enjoyment
of it; and
• impersonate any person or entity for the purposes of misleading others,
or attempt to gain unauthorised access to any additional services or
to additional permitted activities or to other accounts or areas of
the Website through hacking, password mining or any other means.
6. INTELLECTUAL PROPERTY RIGHTS
The Website and the contents of the Website are protected by Crown Copyright
unless otherwise stated. Furthermore, all the intellectual property
rights in the Website and all software associated therewith, including
all copyright, design right, database rights, trademarks and patents,
are the property of and vest in the Crown. The trademarks, service marks
and logos (the “Marks”) used and displayed on the Website are registered
and unregistered Marks of the Crown and may not be used in any manner
without a prior written licence from the DSA. Nothing in these Terms
and Conditions or elsewhere on the Website shall be construed as granting
(by implication, estoppels or otherwise) any licence or right to use
any Mark. You agree not to frame or use framing techniques to enclose
any Marks or other proprietary information contained on the Website.
You also agree not to use any meta tags or other hidden text to suggest
any link or association with the Website. You agree to observe the ownership
of all intellectual property rights and immediately notify the DSA of
any breach or infringement of any such intellectual property rights
of which they become aware.
7. LINKS TO AND FROM THE WEBSITE
Any link provided from the Website to third party websites is provided
for convenience only. The DSA has not reviewed all of these third party
websites and does not control the contents or availability of any such
websites. If you decide to access any of the third party websites linked
from the Website, you do so entirely at your own risk.
8. ADVERTISING STANDARDS The DSA complies with the requirements of
the Advertising Standards Authority’s Codes of Practice for all advertisements
placed on the Website. Information about the Advertising Standards Authority’s
Codes of Practice is available from the Advertising Standards Authority
and can be viewed on its website at: www.asa.org.uk Complaints concerning
advertisements placed on the Website should in the first instance be
reported to the DSA at webmaster@edisposals.com
9. REPRESENTATION OR WARRANTY/LIMITATION OF LIABILITY THE WEBSITE IS
PROVIDED ON AN “AS IS” BASIS. THE DSA DOES NOT GIVE ANY REPRESENTATION
OR WARRANTY AS TO THE ABILITY OF A USER TO ACCESS THE WEBSITE OR AS
TO THE CONTENT THEREOF, THE ACCURACY, TIMELINESS, COMPLETENESS OR SECURITY
OF ANY INFORMATION OR MATERIAL PLACED THEREON OR ITS QUALITY OR FITNESS
FOR ANY PURPOSE. ALL IMPLIED CONDITIONS AND WARRANTIES ARE HEREBY EXCLUDED
TO THE EXTENT PERMITTED BY LAW.
The DSA shall not be liable for any claims, actions, proceedings, losses,
liabilities, costs, expenses (including reasonable legal costs and expenses)
or damages, including for any direct, indirect or consequential loss,
loss of profits or loss or corruption of data, arising in contract or
in tort, including to the extent permitted by law for negligence, breach
of statutory duty, or any statement or representation, or otherwise
arising by reason of accessing or using or being unable to access or
use the Website or any information or material displayed on the Website.
The DSA accepts no responsibility or liability whatsoever for any information
or the content of any advertisement on the Website nor any responsibility
or liability for the content of any material or software accessed by
a visitor to the Website by following any link to another website. No
third party banner advertisements, pop-ups and other virtual advertising
are approved by the DSA and the DSA accepts no responsibility or liability
in respect of their display or content. Nothing in these Terms and Conditions
shall be interpreted as excluding or limiting the DSA’s liability for
death or personal injury arising from the negligence of the DSA or for
any fraudulent representation or statement, or any other liability that
the DSA is unable to exclude or limit by statute.
10. INDEMNITY
You agree to indemnify the DSA in respect of any and all costs, claims,
actions, proceedings, losses, liabilities, damages and expenses (including
all reasonable legal costs and expenses) howsoever incurred, arising
out of your use of the Website or as a result of the breach by you of
these Terms and Conditions, including any claim brought by any third
party against the DSA arising out of your use of the Website or your
breach of these Terms and Conditions.
11. INTERNATIONAL USE
The Website has been compiled to comply with the laws of England and
Wales and is intended for the use of persons resident in the United
Kingdom. Any person accessing the Website must comply with all applicable
laws concerning the transmission and/or export of technical data from
the United Kingdom. Any person accessing the Website from outside the
United Kingdom must observe all local laws and rules in relation to
access to and use of the Internet and all other relevant local laws.
12. GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance
with the laws of England and Wales and all actions undertaken on the
Website are subject to the laws of England and Wales. Any dispute in
relation to these Terms and Conditions or any action undertaken on the
Website shall be subject to the exclusive jurisdiction of the courts
of England and Wales.
13. GENERAL
If any of these Terms and Conditions shall be found by any court or
administrative body of competent jurisdiction to be invalid or unenforceable
the invalidity or unenforceability of any such provision shall not affect
the continued validity and enforceability of all the other Terms and
Conditions. Any delay or failure on the part of the DSA to exercise
any right of action for any breach of these Terms and Conditions shall
not be deemed to be a waiver of any such breach. The waiver of any breach
of these Terms and Conditions shall not be construed as a waiver of
any succeeding breach of the same or any other provision. The DSA may
at any time update or amend these Terms and Conditions and any such
updated Terms and Conditions shall apply to your access to and use of
the Website from the date of their updating or amendment. By accessing
and using the Website following any such amendment to these Terms and
Conditions you will accept the amended Terms and Conditions in their
entirety. It is your responsibility to periodically check the Terms
and Conditions for updates and amendments. If you are a Marketing Contractor
or a Declarer, additional terms and conditions may govern your conduct
in using this Website. Please refer to the contracts made between you
and the DSA to confirm such additional obligations.
14. COMMUNICATION AND NOTICES If you have any questions or request,
please contact us at the following contact address: query@edisposals.com
© Crown Copyright 2008
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