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1. General
2. Orders
3. Payment
4. Order cancellations
5. Returns
6. Copyright and intellectual property
7. Liability
8. Force majeure
9. Disclaimer
10. Uploading content to the evitherm website
11. Law
1. General
1. Access to the website of The evitherm Society is strictly conditional upon your agreement to be bound by the terms of this notice. If you do not agree to be bound by the terms of this notice you must exit the site immediately. Your use of the site will be subject to the version of the conditions posted on the site at the time of such use.
2. The evitherm Society reserves the right to modify or to terminate your use of the website without notice, if, in the evitherm Society's sole discretion, you fail to comply with any term of these terms of use or otherwise use our site and services in an unreasonable manner.
3. Your dealings with, and interest in, promotions, services, or merchants found on or via the website, unless explicitly stated by the evitherm Society, are solely between you and the provider. Should any dispute arise between you and any provider with whom you are dealing as a result of buying a product or service, we will not be responsible for any losses or damages that may arise from any such dealings.
4. The evitherm Society accepts no responsibility for the contents of any sites linked to or from this site; neither can we be deemed to have endorsed the contents of any such sites.
5. Your right to use the website is not transferable. Any password or right given to you to obtain information is not transferable unless stated otherwise.
6. The evitherm Society reserves the right in its sole discretion to modify or delete any information appearing on the website, or to make or break links from the site, or to terminate this website without notice. The evitherm Society may in the future alter or add to these Terms and Conditions, but cannot guarantee that you will receive notice. Accordingly, you agree to check this part of our site from time to time to see if there has been a change.
2. Orders
1. All orders for products or services made through this website by you (the Customer) are accepted by the evitherm Society on these terms and conditions of sale, and constitute the entire understanding between the evitherm Society and the Customer for the sale of products and services through this site. The evitherm Society reserves the right to change these conditions from time to time at its sole discretion.
2. An order from a Customer placed through this website shall constitute an offer to purchase relevant products or services, which the evitherm Society may accept or decline. Acceptance of this offer constitutes an Agreement made in England and subject to the laws of England between the Customer and the evitherm Society, registered office: 8 Coldbath Square, London, United Kingdom, EC1R 5HL. Registered No. 5507944.
3. We try to maintain the prices quoted on this website, but the evitherm Society reserves the right to change prices listed without notice. Prices are correct at the time of order and relate to purchases made through this site only. All orders for products or services are subject to availability.
4. Nothing contained in these terms and conditions shall affect Consumers' statutory rights.
5. The evitherm Society executes orders to the Customer's expressed requirements, and does not substitute one product or service for another unless instructed to do so. Subject to availability, the Customer may place orders for any number of products or services.
6. The evitherm Society reserves the right to decline to trade with any company or person. In addition, and despite any other provisions of these conditions of sale, the evitherm Society may decline to accept or to cancel any order, whether or not payment has been received, by giving notice of non-acceptance or cancellation to the Customer by e-mail within 5 working days of receipt by the evitherm Society of an order.
7. In the event that the evitherm Society declines to accept or cancels an order for which payment has been received, the full amount of such payment will be refunded and the evitherm Society shall have no further or other liabilities to the Customer. The Customer warrants and represents that all information provided to the evitherm Society as part of its profile be true and accurate at the time when ordering.
3. Payment
1. MasterCard, Visa and Switch are acceptable payment methods when ordering, subject to authorisation.
2. Any subsequent refund will be made to the credit card account used to make the purchase.
3. In the event that you are unable to pay by one of the above credit cards, please contact evitherm at editor@evitherm.org. No goods or services will be supplied until payment has been cleared by our bank.
4. Order cancellations
1. Under the United Kingdom's Distance Selling Regulations, Consumers have the right to cancel the contract for the purchase of any physical item within seven working days of delivery. Please note this does not apply to access to property data, for which a partial refund may be due, at the discretion of the evitherm Society.
2. To cancel a contract please notify the evitherm Society by email to editor@evitherm.org, quoting your purchase reference number (which in the email sent to the customer following a purchase via the website is also called a Merchant’s cart ID.)
5. Returns
1. If a product or service we provide is faulty please let us know within 7 days and we will be happy to replace it or refund your money. This clause does not apply to downloadable products or services, such as access to property data, for which a partial refund may be due (as provided for in 4.1 above).
6. Copyright and intellectual property
1. Apart from the Worldpay and other company logos, all website design, text, graphics, the selection and arrangement thereof and all software (including applets) and other material on the evitherm website is copyright material and the property of the evitherm society.
2. The provisions of this clause are also applicable to all products and services sold through this website. No transfer or sale of any intellectual property and copyright shall be made or be deemed to have been made as a result of any sale through this website.
3. This website is owned and operated by The evitherm Society, which owns or licenses, or has the right to display, all the information provided on this website. Except as stated herein, none of the content of the website may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of the evitherm Society or the copyright, trademark and/or service mark owner. Permission is granted to: (i) copy electronically and to print in hard copy portions of the site for the sole purpose of placing an order with us or using the site as a shopping resource; or (ii) display, copy, distribute and download content for personal, non-commercial use only, provided you do not modify the content and that you retain all copyright and other proprietary notices contained in the content.
4. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you will immediately destroy any downloaded and printed materials. You also may not mirror any information contained on this website on any other server. Any unauthorised use of any information contained on this website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
5. Any other use of materials on this site, including reproduction for purposes other than those noted above, modification, distribution, or republication, without prior written permission from the evitherm Society, is strictly prohibited.
7. Liability
1. Except as provided for in law, the evitherm Society shall be liable for any loss or damage suffered by the Customer only insofar as such loss or damage is attributable to negligent acts or omission of the evitherm Society's employees or agents. The evitherm Society's total liability to the Customer under this clause shall be limited to the value of the goods or services supplied under each customer order.
2. The evitherm Society has taken reasonable efforts to ensure that the information contained in the site is correct but you should be aware that the information may be incomplete, inaccurate or may have become out of date.
3. The evitherm Society accepts no responsibility for the use made of any information, materials or equipment either by the Customer or by any third party who has obtained any of the said information, materials or equipment directly or indirectly from the Customer, except to the extent that the evitherm Society can be shown to have been negligent in providing such information, materials or equipment.
8. Force majeure
1. If the evitherm Society is hindered or prevented from performing any contract owing to any cause beyond the reasonable control of the evitherm Society or by its inability to procure materials or articles required for the performance of the contract except at enhanced prices, the evitherm Society may at its sole option delay the performance of, or cancel the whole or any part of the contract, and the evitherm Society shall not be held responsible for such delay or cancellation or any inability to deliver.
2. Where an order has not been completely fulfilled, the evitherm Society will use all reasonable endeavours to deliver by the date stated; however the evitherm Society shall not be held responsible for any delay in the delivery of, or inability to deliver, such orders.
9. Disclaimer
1. To the fullest extent permitted at law, the evitherm Society is providing this website and its contents on an ''as is'' basis and makes no (and expressly disclaims all) representations or warranties of any kind, express or implied, with respect to this website or the information, content, materials or products included in this site including, without limitation, warranties of merchantability and fitness for a particular purpose.
2. The evitherm Society does not represent or warrant that the information accessible via this website is accurate, complete or current. Price and availability information is subject to change without notice.
3. Except as specifically stated on this website (clause 7), to the fullest extent permitted at law, neither the evitherm Society nor any of its affiliates, directors, employees or other representatives will be liable for damages in connection with the use of this website or the information, content, materials or products included on this site.
4. This is a comprehensive limitation of liability that applies to all damages, loss of data, income or profit, loss of or damage to property and claims of third parties. For the avoidance of doubt, the evitherm Society does not limit its liability for death or personal injury arising as a result of the negligence of the evitherm Society, its affiliates, directors, employees or other representatives.
10. Uploading content to the evitherm website
1. Users of this site hereby agree that any data they post on this site will be of appropriate integrity. You will not use the website to transmit or post any material which is in our opinion defamatory, offensive, or of an obscene or menacing character, or which may, in our judgement, cause annoyance, inconvenience or anxiety to any person. The evitherm Society reserves the right to remove data that does not meet the required standards of integrity. If the information posted on this site by you, any person who may be authorised by you or any person for whom you are responsible (for example as the parent or guardian of a child) causes loss or damage to any person, you agree to indemnify the evitherm Society immediately on demand in relation to all losses and damages (including all related legal, technical, administrative and other professional charges) suffered by the evitherm Society that may arise directly or indirectly from such use.
2. Data (either numeric or non-numeric) uploaded onto the website remains the property of the owner, unless a contractual agreement has been made to the contrary.
11. Law
1. The Courts of England and Wales shall have exclusive jurisdiction to hear any dispute arising from this notice and the terms of this notice shall be construed in accordance with English law.
Any queries relating to these terms and conditions should be addressed to editor.
Published by the evitherm Society
ã 28 April 2006