Welcome to the Crunch website and all the information provided through it.
The website is currently located at www.crunchwit.com (the “Site”). By using the Site you agree on your own behalf and on behalf of each entity and person on whose behalf you act to be legally bound by the following terms and conditions (the “Terms”). If you do not agree to abide by these Terms you should exit the Site.
- Using the Site
- Access to the Site is free, therefore there is no charge for you using it. Access to the Site is however through the service provided by your internet service provider. You shall be liable for all charges that your internet service provider charges for providing you with their service.
- Certain sections of the Site, including some Publications for download, require you to register and, in some instances, pay. If registration or payment is requested, you agree to provide complete and accurate information. Each registration is for a single individual unless described otherwise on the registration page. It is your responsibility to ensure that nobody, except you, uses your name and password to enter the sections of the Site which require them.
- Where you are to enter a member restricted area of the Site, you will be prompted to fill in your name and password.
- You must only use the Site in accordance with these Terms and all applicable laws, regulations and codes of conduct (including self regulatory) applicable to the use of the Internet and you agree to be solely responsible for all consequences arising from your use of the Site.
- Subject to Clause 4.5, you are permitted to print and download extracts from this Site for your own use on the following basis:
- Documents, tables and/or graphics that are downloaded are not modified in any way from their original format without prior written permission from the author or the content team;
- no graphics on this Site are used separately from accompanying text; and
- Crunchwit’s copyright and trade mark notices (contact [email protected] for the applicable notices) appear in all copies.
- You warrant and undertake that you will not:
- use the Site except in accordance with these Terms;
- sub-license, assign or subcontract any part of your rights or obligations under the Terms;
- use or permit the use of the Site for any illegal purpose including but not limited to damages, interference with, or disrupted access to, the Site or do anything that may interrupt or impair its functionality;
- make or derive any commercial use or benefit from any part of the Site;
- use the Site in such a manner as would bring us, our organisation and/or business into disrepute;
- obtain or attempt to obtain unauthorised access, through whatever means, to the paid for area of the Site;
- make available, upload or distribute by any means any viruses, bugs, corrupt data, “Trojan horses”, “worms” or any other harmful software in connection with your use of the Site; or
- use the Site in any way to send unsolicited (commercial or otherwise) e-mail (spamming) or any material for marketing or publicity purposes.
- The Site is controlled and operated by us from our offices in England. We make no representations that the Site is appropriate or available for use in other locations. Those who visit the Site from other locations do so at their own initiative and are responsible for compliance with all applicable laws. If use of this Site and/or viewing of it, or use of any material or content on the Site, is contrary to or infringes any applicable law in your jurisdiction(s), you are not authorised to view or use the Site and you must exit immediately.
- Suspension and Termination of Service
We reserve the right to make changes or corrections, alter, suspend, discontinue or terminate any aspect of the Site, and your access to it, at any time immediately without notice.
Except as expressly provided for below, you agree to indemnify and hold us, and all of our officers, employees, and agents harmless from any actions, claims, losses, liability, proceedings, damages, costs, expenses, loss of business, loss of profits, business interruption and other pecuniary or consequential loss (including legal costs and expenses) suffered or incurred by us in respect of any claim brought by any third party arising in respect of these Terms and/or the Site and/or the information provided to you and/or your use or misuse of the Site.
We license you to use the information in order to view it for your own personal, non-commercial use only.
- “Intellectual Property Rights” means all present and future intellectual property rights world-wide however arising and in whatever media, whether or not registered, including without limitation, patents, trademarks, design rights, copyright, database rights, service marks, trade names and rights in know-how and confidential information. All rights, title and interest to the Intellectual Property Rights which subsist or may subsist in the information and/or the Site vests in us (or third party licensors) and you agree not to modify, reproduce, republish, upload, post, distribute or otherwise transmit or use the Intellectual Property Rights provided by us to you in any way without our prior written consent.
- You are not permitted to use any registered trademarks owned by Crunchwit without our prior written consent.
- You are not permitted to use any service marks and/or other trade names or any logos, page headers, custom graphics or button icons used by us on the Site without our prior written consent.
- Any trademarks on the Site not owned by Crunchwit will be owned by third party licensors and should not be used without their permission.
- On downloading any content from the Site, you understand and agree that any sharing, distribution or republishing of the content, without prior written authorisation from the author or content managers at Crunchwit, shall be constituted as a breach of your membership privileges and in breach of these Terms.
- Clause 4.5 does not apply to any public facing content on the Site.
- Copyright Guidelines for use by you of our publications and information
- The following guidelines apply if you wish to reproduce, in whole or in part, a Publication whether in hard copy and/or electronic format or otherwise.
- A “Publication” is defined as any document, blog, article or report, written and published by us for our members use.
- In all instances, you should obtain prior written permission from the Press Office ([email protected]) before doing any of the restricted acts under the Copyright, Designs and Patents Act 1988 or anything which would amount to an infringement of Intellectual Property Rights in respect of all or any of the Publications and/or Information whether obtained from us in hard copy or presented to you on any form of removeable hardware or distributed by us online through this Site, including and without limitation, any copying and/or distributing the Publications and/or Information in any format online or offline for internal use, use on intranets or for communication to the public. A licence fee may be payable if we grant you the right to reproduce a publication in whole or in part.
- Redistribution of the Publications on or via another website is not permitted without our prior written consent.
- Redistribution of the Publications via hard copy or email is not permitted without authorisation from the author or without the prior written consent of us.
- Links to Third Party websites: the Site contains links to third party websites and to other resources (“Linked Sites”). We do not control, sponsor, endorse, approve or accept any responsibility for anything appearing in the Linked Sites (nor in other sites referred to in or linked to the Linked Sites) nor for any content, goods or services available through them. We make no representations about any Linked Sites you may access through the Site whatsoever and we shall not be liable for any loss or damage caused or alleged to be caused to you by or in connection with use of or reliance on any content, goods or services available on or through any Linked Sites.
- Content you provide to us:
- you must ensure that all Content submitted to us does not infringe copyright, design, privacy, publicity, data protection, trade mark or any other rights of any third party, and is not obscene, abusive, threatening, libellous or defamatory of any person; and
- you must ensure that the Content does not advertise or otherwise solicit for either funds or goods or services.
- We have the right to monitor all Content and may edit, reject or remove Content if we believe it does not comply with the above and, in particular, we reserve the right to block incoming e-mails and other Content if we believe that their content is or may be inappropriate or otherwise does not comply with the above.
- You have sole responsibility for the Content which you submit to us and you shall indemnify and shall keep us fully and effectively indemnified on demand from and against all actions, claims, losses, liability, proceedings, damages, costs, expenses, loss of business, loss of profits, business interruption and other pecuniary or consequential loss (including legal costs and expenses) suffered or incurred by us and arising directly or indirectly out of the publication of Content submitted by you to us.
- Alterations to These Terms
We reserve the right to amend these Terms, in whole or in part, at any time and you will be notified of the same by our posting of such Terms on the Site. Your continued use of the Site after any changes have been posted on the Site will be considered acceptance by you of any changes. Unless explicitly stated to the contrary any new features including new content, our provision of new services, or resources shall be subject to these Terms.
You acknowledge and accept that the Site involves transmissions over the Internet and that such transmissions are therefore subject to the Internet’s inherent risks.
You acknowledge and accept that, as with any network, you may be exposed to:
- unauthorised invasions of privacy during, or as a result of, using the Site;
- system-threatening viruses and other unauthorised and invasive programs transmitted by third parties;
- unauthorised dissemination and publication to others of information and material originally sent only to selected recipients on or through the Site;
- eavesdropping and electronic trespassing;
- fraud and forgery; and
- the failure of information and data to reach their intended destinations and/or erroneous receipt or misdirection of such information.
Although our privacy and security features are designed to reduce these risks, we cannot guarantee their elimination. It is your responsibility to ensure that your systems comply with best industry practice. You also acknowledge that no transmission via the Site shall be deemed confidential and that we shall not be liable for any breach of confidence arising as a result of such event.
- Reliance on Information
Because the Site is provided by means of website and telecommunication systems (including local loop network providers and other connectivity arrangements over which we have no control) you acknowledge and agree that:
- We will try to make the Site available but cannot guarantee that the Site will operate continuously or be error free (there may be, without limitation, errors in software used to provide the Site and the Information and errors caused by telecommunications links) and we shall be under no liability for the consequences arising from any such error or the reliance by you upon the Site.
- Time shall not be of the essence in relation to our delivery and/or provision of the Site including without limitation provision of the Information and/or Publications.
- Information, publications, figures, rates, approvals, accreditations and recommendations made available on the Site are not intended to amount to advice on which any reliance should be placed. We therefore disclaim all liability for any reliance you place on such Information, Publications, figures, rates, approvals, accreditations and recommendations.
- You should independently verify all Information, figures and rates provided on the Site prior to your use of such Information, figures and rates. We may change, update or correct any such Information, figures or rates at any time without notice. Please note that the Site may contain typographical errors and other inaccuracies.
- Limitations of Liability
- Subject to Clause 8, we exclude all other express or implied terms, conditions, warranties, representations or endorsements whatsoever in regard to the Site or any Information provided through the Site.
- Whilst we will use reasonable endeavours to ensure that all content, materials and Information published on the Site are accurate, all content, materials and Information on the Site are provided on an ‘as is’ basis. As such, you assume total responsibility and risk for your use of the content, materials and Information. We cannot, and do not, accept any responsibility or liability for any inaccurate information published to the Site.
- We accept no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business (whether direct or indirect) in each case, however caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of the Site we accept no liability for this loss or damage (except where we have been negligent) whether due to inaccuracy, error, omission or any other cause and whether on our part or our servants, agents or any other person or entity.
- If we are liable to you for any reason (other than death or personal injury arising from our negligence), our liability will be limited to £100.
- Notwithstanding any other provision of these Terms, we do not attempt to exclude or limit our liability for death or personal injury resulting from our negligence or for our fraudulent representation in any way.
- You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use the Site and is compatible with the Site. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from the Site will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for taking sufficient precautions and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
- The limitations and exclusions in this clause do not affect your non-excludable statutory rights and only apply to the extent permitted by applicable law.
No rights are conferred on any person who is not a party to these Terms.
- Each provision contained in these Terms shall be severable from any other provision, and if any part of any provision shall be found to be invalid, illegal or void for any reason, then such finding shall not affect any other part of such provision or any other provision contained in the Terms which shall continue to have full force and effect.
- Any failure or delay by us enforcing an obligation or exercising a right, under these Terms, does not amount to a waiver of that obligation or right, or any other obligation or right.
- You acknowledge that you have not entered into these Terms in reliance on any statement or representation, except in so far as the representation has been incorporated into these Terms. You irrevocably and unconditionally waive any right you may have to claim damages and/or to rescind these Terms by reason of any misrepresentation (other than a fraudulent misrepresentation) not contained in these Terms.
- You shall not assign any of your rights or obligations under these Terms without our prior written consent. We shall have the right to assign or otherwise delegate all or any of our rights or obligations under these Terms.
- These Terms shall be construed in accordance with the laws of England and Wales and the parties hereby submit to the exclusive jurisdiction of the English courts.
- All notices shall be given: to us via e-mail at [email protected] or to you at either the e-mail or postal address you provide.
Notice will be deemed received when an e-mail is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or 3 days after the date of posting.
Third Party Sites and Our Responsibility:
- Third Party’s Goods and Services: We may provide hyperlinks to goods and services on third party websites. However, each third party is responsible for setting and explaining their individual terms and conditions of shipping, return, security, data protection and other policies and terms applicable to their sale of goods and/or services.
- We do not endorse, guarantee or warrant any product or service sold by a third party, nor do we have any liability or responsibility for the fitness for purpose or quality or delivery of any product or service sold to you by third parties or otherwise. The purchase or receipt by you of any product or service from a third party is a transaction solely between you and that third party.