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TERMS AND CONDITIONS FOR
DELIVERY OF SURVEYS
AND USE OF THE
www.salaryservices.co.uk
and www.JobAdsWatch.com
WEBSITES
In these
Terms and Conditions “we, our, us,” refers to :
SalaryServices Limited
10 Gwyns Piece,
Lambourn,
Hungerford,
Berkshire RG17 8YZ
Tel 01488 72931
email info@salaryservices.co.uk
“You
or your or customer ” refers to any user or purchaser of any of
the services and surveys supplied by us. “Website” refers
to either www.salaryservices.co.uk
or www.jobadswatch.co.uk
SUPPLY OF SURVEYS AND
SERVICES TO YOU VIA THE WEBSITE
We offer
for sale surveys which may include free access to Website services
(the "Services"), which will be provided in accordance with
the order which you place on the Website for the Surveys (the
"Order").
Your Order
is made by completing the staged process set out in the Website for
ordering surveys, including submission of forms and following a
series of hypertext links as directed on the Website. Your Order
constitutes an offer to purchase services which, if accepted by us,
will be confirmed in writing (including, for the avoidance of doubt,
electronic mail) by an "Order Confirmation".
The Order shall not be
deemed to be accepted by us unless and until the Order Confirmation
has been issued to the Customer.
The
Surveys and Service shall be provided within the United Kingdom only,
and in accordance with the Order and the Order Confirmation and
otherwise in accordance with other published literature relating to
the Service from time to time, subject in all cases to these Terms
and Conditions.
Our policy
is one of continuous improvement, accordingly we may at any time
without prior notification make any changes to the Services as
necessary to comply with any applicable statutory requirements, or
which do not materially affect the nature or quality of the Service.
Unless
otherwise agreed in writing, payment of the price for the Services,
and any VAT is to be made to Salary Services Limited through a secure
on line payment service. All payments are to be made in UK sterling.
All prices
are, unless otherwise stated, exclusive of any applicable value added
tax.
Time of
payment is of the essence of the contract for Services. If you fail
to make payment by any relevant due date, we shall be entitled to
suspend or cancel the Service. You shall not be entitled to withhold
or set off payments for any reason whatsoever.
REFUNDS OR REPLACEMENT
Customers
should satisfy themselves within five working days of receiving the
survey(s) ordered that they have been received in good condition. If
not the customer should contact us by phone, email or in writing at
the address shown at the top of this document, fully stating any
problem with the condition of the survey. A replacement survey will
be despatched as soon as we agree that the condition is not of
acceptable quality. If we are not able to offer a replacement a full
refund will be made.
ACCEPTANCE OF TERMS
By
accessing the content of the Website you agree to be bound by the
terms and conditions set out herein and you accept our privacy policy
available at the Website under ‘Privacy Statement’. If
you object to any of the terms and conditions set out in this
agreement you should not use any of the products or services on the
Website and leave immediately.
You agree
that you shall not use the Website for illegal purposes, and will
respect all applicable laws and regulations. You agree not to use the
website in a way that may impair the performance, corrupt the content
or otherwise reduce the overall functionality of the Website. You
also agree not to compromise the security of the Website or attempt
to gain access to secured areas or sensitive information.
You agree
to be fully responsible for any claim, expense, liability, losses,
costs including legal fees incurred by us arising from any
infringement of the terms and conditions set out in this agreement.
MODIFICATION
We may at
any time correct any typographical or other errors or omissions in
any Website Information, including brochures, promotional literature,
quotation or other document relating to the provision of the Services
without any liability to you.
TERMINATION
We shall
be entitled to terminate this agreement immediately on notice if at
any time you:
make,
default in or commit any breach of your obligations under these
Terms and Conditions;
or
commit
an act of bankruptcy, becomes apparently insolvent, make an
arrangement or composition with creditors or (being a company) has a
receiver, administrator or liquidator appointed or any proceedings
have commenced relating to the insolvency or possible insolvency of
the Customer;
or
(c) causes
or threatens to cease to trade or if serious doubt arises as to the
Customer's solvency.
We shall
not be deemed to have breached these Terms and Conditions or
otherwise to be liable to you for any refund or otherwise for any
delay in performance or non-performance of any of our obligations to
the extent that such delay or non-performance is due to any
circumstances beyond our reasonable control.
LIABILITY
AND DISCLAIMERS
The
information is provided on the understanding that the website is not
engaged in rendering advice and should not be wholly relied upon when
making any related decision.
We do not
guarantee uninterrupted availability of the Website and cannot
provide any representation that using the Website will be error free.
We warrant
that the Service will be provided using reasonable care and skill
and, so far as reasonably possible, in accordance with the Order and
the Order Confirmation and at the intervals and within the times
specified by us (the "Limited Warranty").
Save as
set out below, the Limited Warranty is your only warranty in respect
of the Services, and stands in place of all other warranties,
conditions or other implied terms which are excluded to the fullest
extent permitted by law.
In the
event that a claim arises under the Limited Warranty, we shall, at
our sole discretion:
re-execute
the Service (or such part of the Service as is required to satisfy
the Limited Warranty); or
refund
to you the price of the Service (or the appropriate proportion
thereof), and this shall be your sole and exclusive remedy under the
Limited Warranty.
Without limiting the
generality of the Limited Warranty, we specifically exclude all
warranties in respect of any defect in the Service arising from any
information supplied by you which is incorrect, arises as a result of
any fault or default by you, or arises in connection with any
materials, information, data or other services which are supplied by
any third party.
You
warrant that any and all material provided by you, and the use of
such material by us for the purpose of providing the Services, will
not infringe the copyright or other rights of any third party, and
you shall indemnify us against any loss, damages, costs, expenses or
other claims arising from any such infringement.
Where you
operate as a consumer then nothing in these Terms and Conditions
shall operate so as to remove any statutory consumer rights.
Except in
respect of death or personal injury caused by our negligence and
except as otherwise specifically provided by law, our entire
liability under or in connection with these Terms and Conditions
shall not exceed the price for the Services, and we will have no
liability to you for any claim to the extent that the same is or can
be characterised as a claim for (or arising from): loss of revenue or
profits; loss of anticipated savings; loss of goodwill or injury to
reputation; loss of business opportunity; loss of data; losses
suffered by third parties; or indirect, consequential or special loss
or damage, regardless of the form of action, whether in contract,
strict liability or tort (including negligence), and howsoever
arising (including without limitation arising from any failure of
transmission, communication, computer or other facilities or your
inability to access the Website for any reason or any failure, error
or delay in the sending or receiving of any notice or communication
or instruction through the post or any electronic medium).
MISCELLANEOUS
These
Terms and Conditions set out the entire agreement between you and us,
they supersede any previous agreement or understanding and may not be
varied except in writing between you and us.
Any notice
required or permitted to be given by either you or us shall be in
writing and addressed to the other party at its registered office or
principal place of business.
No waiver
by us of any breach of these Terms and Conditions shall be considered
as a waiver of any subsequent breach of the same or any other
provision.
If any
provision of these Terms and Conditions is held by any competent
authority to be invalid or unenforceable in whole or in part, the
validity of the other provisions (and the remainder of the provision
in question) shall be unaffected.
We may
assign the contract under these Terms and Conditions, including the
provision of Services, or may sub-contract the whole, or any part
thereof, to any other person, firm or company. Unless otherwise
agreed in writing by us, you may not assign either the benefit or the
burden of the Contract.
COPYRIGHT
All
intellectual property of Salary Services Ltd or JobAdsWatch.co.uk
such as trademarks, trade names, patents, registered designs and any
other automatic intellectual property rights derived from the
aesthetics or functionality of the Website remain the our property.
By using
the Website you agree to respect all our intellectual property rights
and will refrain from copying, downloading, transmitting,
reproducing, printing, or exploiting for commercial purpose any
material contained within the Website.
THIRD
PARTIES
The
Website may contain hyperlinks to websites operated by other parties.
We do not control such websites and we take no responsibility for,
and will not incur any liability in respect of, their content. Our
inclusion of hyperlinks to such websites does not imply any
endorsement of views, statements or information contained in such
websites.
GOVERNING
LAW AND JURISDICTION
This
Agreement will be governed by the laws of England and any user of the
Website hereby agrees to be bound exclusively by the jurisdiction of
English courts without reference to rules governing choice of laws.
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