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Version 4: 02/1/2008
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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