User Agreement
By accessing this Website, you agree to be bound by the terms and conditions appearing
in this document and you accept our Privacy Policy which is available here.
If there is anything you do not understand please email any enquiry to .
In these terms and conditions "We/us/our/eClient™" means eClient™ Inc. "Website" means the website located at
www.eclient.com (or any
subsequent URL which may replace it) and all associated websites and micro sites
of eClient™
and "You/your" means you as a user of the Website.
You shall not use the Website for any illegal purposes, and you will use it in compliance
with all applicable laws and regulations. You agree not to use the Website in a
way that may cause the Website to be interrupted, damaged, rendered less efficient
or such that the effectiveness or functionality of the Website is in any way impaired.
You agree not to attempt any unauthorised access to any part or component of the
Website; and You agree that in the event that you have any right, claim or action
against any Users arising out of that User's use of the Website, then you will pursue
such right, claim or action independently of and without recourse to us.
YOU AGREE TO BE FULLY RESPONSIBLE FOR (AND FULLY INDEMNIFY US AGAINST) ALL CLAIMS,
LIABILITY, DAMAGES, LOSSES, COSTS AND EXPENSES, INCLUDING LEGAL FEES, SUFFERED BY
US AND ARISING OUT OF ANY BREACH OF THE CONDITIONS BY YOU OR ANY OTHER LIABILITIES
ARISING OUT OF YOUR USE OF THE WEBSITE, OR THE USE BY ANY OTHER PERSON ACCESSING
THE WEBSITE USING YOUR PC OR INTERNET ACCESS ACCOUNT.
We reserve the right to modify or withdraw, temporarily or permanently, the Website
(or any part of) with or without notice to you and you confirm that we shall not
be liable to you or any third party for any modification to or withdrawal of the
Website.
We may alter these terms and conditions from time to time, and your use of the Website
(or any part of) following such change shall be deemed to be your acceptance of
such change. It is your responsibility to check regularly to determine whether the
Conditions have been changed. If you do not agree to any change to the Conditions
then you must immediately stop using the Website.
The Website is subject to constant change. You will not be eligible for any compensation
because you cannot use any part of the Website or because of a failure, suspension
or withdrawal of all or part of the Website.
We are not responsible for the availability of any external sites or resources,
and do not endorse and are not responsible or liable, directly or indirectly, for
the privacy practices or the content (including misrepresentative or defamatory
content) of any third party websites, including (without limitation) any advertising,
products or other materials or services on or available from such websites or resources,
nor for any damage, loss or offence caused or alleged to be caused by, or in connection
with, the use of or reliance on any such content, goods or services available on
such external sites or resources.
We have the right, but not the obligation, to monitor any activity and content associated
with the Website. We may investigate any reported violation of these Conditions
or complaints and take any action that we deem appropriate (which may include, but
is not limited to, issuing warnings, suspending, terminating or attaching conditions
to your access and/or removing any materials from the Website).
You acknowledge and agree that all copyright, trademarks and all other intellectual
property rights in all material or content supplied as part of the Website shall
remain at all times vested in us or our licensors. You are permitted to use this
material only as expressly authorised by us.
You acknowledge and agree that the material and content contained within the Website
is made available for your personal non-commercial use only and that you may download
such material and content onto only one computer hard drive for such purpose. Any
other use of the material and content of the Website is strictly prohibited. You
agree not to (and agree not to assist or facilitate any third party to) copy, reproduce,
transmit, publish, display, distribute, commercially exploit or create derivative
works of such material and content.
The Website is Copyright, eClient™ Inc. All rights reserved.
WE MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED IN RELATION TO THE ACCURACY OF
ANY INFORMATION WE PLACE ON THE WEBSITE. THE WEBSITE IS PROVIDED ON AN "AS IS" AND
"AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR ENDORSEMENT. UNLESS SPECIFIED
IN SEPARATE TERMS AND CONDITIONS RELATED TO A PARTICULAR PRODUCT OR SERVICE, WE
MAKE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IN RELATION TO THE WEBSITE,
OR PRODUCTS OR SERVICES OFFERED ON THE WEBSITE WHETHER BY US OR ON OUR BEHALF (INCLUDING
FREE SOFTWARE DOWNLOADS) INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF SATISFACTORY
QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY,
ACCURACY, CONDITION OR COMPLETENESS, OR ANY IMPLIED WARRANTY ARISING FROM COURSE
OF DEALING OR USAGE OR TRADE.
UNLESS SPECIFIED IN SEPARATE TERMS AND CONDITIONS RELATED TO A PARTICULAR PRODUCT
OR SERVICE, WE MAKE NO WARRANTY THAT THE WEBSITE OR PRODUCTS OR SERVICES OFFERED
ON THE WEBSITE WHETHER BY US OR ON OUR BEHALF (INCLUDING FREE SOFTWARE DOWNLOADS)
WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE,
THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT
AVAILABLE OR PRODUCTS OR SERVICES OFFERED ON THE WEBSITE WHETHER BY US OR ON OUR
BEHALF (INCLUDING FREE SOFTWARE DOWNLOADS) ARE FREE OF VIRUSES OR BUGS OR ARE FULLY
FUNCTIONAL, ACCURATE, OR RELIABLE. WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR
ANY LOSS OF CONTENT OR MATERIAL AS A RESULT OF UPLOADING TO OR DOWNLOADING FROM
THE WEBSITE.
YOU ACKNOWLEDGE THAT WE CANNOT GUARANTEE AND THEREFORE SHALL NOT BE IN ANY WAY RESPONSIBLE
FOR THE SECURITY OR PRIVACY OF THE WEBSITE AND ANY INFORMATION PROVIDED TO OR TAKEN
FROM THE WEBSITE BY YOU.
WE WILL NOT BE LIABLE, IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE),
PRE-CONTRACT OR OTHER REPRESENTATIONS (OTHER THAN FRAUDULENT MISREPRESENTATIONS)
OR OTHERWISE OUT OF OR IN CONNECTION WITH THE WEBSITE OR PRODUCTS OR SERVICES OFFERED
ON THE WEBSITE WHETHER BY US OR ON OUR BEHALF (INCLUDING FREE SOFTWARE DOWNLOADS)
FOR ANY ECONOMIC LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF REVENUES, PROFITS,
CONTRACTS, BUSINESS OR ANTICIPATED SAVINGS) OR ANY LOSS OF GOODWILL OR REPUTATION,
OR ANY LOSS OR CORRUPTION OF DATA, OR ANY SPECIAL OR INDIRECT OR CONSEQUENTIAL LOSSES;
IN ANY CASE WHETHER OR NOT SUCH LOSSES WERE WITHIN THE CONTEMPLATION OF EITHER OF
US AT THE DATE ON WHICH THE EVENT GIVING RISE TO THE LOSS OCCURRED.
We will not be liable in contract, tort or otherwise if you incur loss or damage
connecting to the Website through a third party's hypertext link.
Notwithstanding any other provision in the Conditions, nothing shall limit your
rights as a consumer under English law where or insofar as such rights cannot be
derogated from by contract.
Nothing in the Conditions shall exclude or limit our liability for death or personal
injury resulting from our negligence or that of our servants, agents or employees.
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable,
then that provision shall be deemed to be severable from these Conditions and shall
not effect the validity and enforceability of any of the remaining provisions of
the Conditions.
Nothing shall be construed as a waiver by us of any preceding or succeeding breach
of any provision.
These Conditions and documents referred to herein (as amended from time to time)
contain the entire agreement between you and us relating to the subject matter covered
and supersede any previous agreements, arrangements, undertakings or proposals,
written or oral, between you and us in relation to such matters. No oral explanation
or oral information given by either of us shall alter the interpretation of these
Conditions. You confirm that, in agreeing to accept these Conditions, you have not
relied on any representation save insofar as the same has expressly been made a
representation in these Conditions and you agree that you shall have no remedy in
respect of any misrepresentation which has not become a term of these Conditions
save that your agreement contained in this Clause shall not apply in respect of
any fraudulent misrepresentation whether or not such has become a term of these
Conditions.
You agree to the terms of our privacy policy which is available here.
These Conditions will be exclusively governed by and construed in accordance with
the laws of England and Wales whose Courts will have exclusive jurisdiction in any
dispute, save that we have the right, at our sole discretion, to commence and pursue
proceedings in alternative jurisdictions.
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