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Sussex Chamber of Commerce Terms and Conditions of site use and disclaimer

1st May 2016

Sussex Chamber of Commerce hereby grants to visitors to this World Wide Web site access to these pages conditional upon your agreement to accept the application of the laws of England to govern matters between us in relation to this web site and you agree to indemnify us and not hold us liable for the result of any actions you may take based on the information contained on the website.

The Information on this website is intended to be helpful and informative. However, neither Sussex Chamber of Commerce nor any of its employees, agents or sub-contractors make any warranty, express or implied, or assume any legal liability or responsibility for the accuracy or completeness of any information contained on this site or any web site referred to.

Those who access the site or any site referred to should take appropriate steps to verify all such information. Sussex Chamber of Commerce and its subsidiaries cannot be held responsible for the contents of any pages referred to by an external link.

A reference on this site to any persons, products, web sites or services does not constitute or imply their endorsement, recommendation or favouring by Sussex Chamber of Commerce, its employees, agents or sub-contractors.

1 Definitions:

1.1 "this Site" refers to all internet pages in the www.sussexchamberofcommerce.co.uk domain and our other domains that are linked to these terms and conditions.

1.2 "www.sussexchamberofcommerce.co.uk" refers to any person or organisation, whether or not commercial, involved in any part of the design, development, management, response-handling, marketing, promotion or other similar aspects of this Site;

1.3 "User" refers to any person viewing or interacting with this Site, including "you";

1.4 "Content" refers to any text, photograph or other image or content presented on this Site to Users by either www.sussexchamberofcommerce.co.uk or Users.

1.5 "Sussex Chamber of Commerce" refers to the trading name of Sussex Chamber of Commerce and Enterprise. A company limited by Guarantee. Registered in England No. 2520785. Registered Office: Unit 4, Victoria Business Center, 43 Victoria Road, Burgess Hill, West Sussex, RH15 9LR. Tel: 01 444 259 259. Fax: 01 444 259 190. Also referred to as "we".

2 Terms:

2.1 By accessing and using this site, you agree to these terms of use. If you do not agree to these terms of use, disconnect from this site and do not use this site further. The account of users contravening these terms may be deleted without notice or question.

3 Summary:

3.1 Except where otherwise expressed, all opinions, advice, statements, offers, or other information content made available through this Site are those of third parties and not of Sussex Chamber of Commerce and should not be relied upon. Sussex Chamber of Commerce is not responsible for the opinions, advice, statements, offers or other information provided on this Site. Sussex Chamber of Commerce does not guarantee the accuracy, completeness, or usefulness of any information on this Site and neither adopts nor endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made. Sussex Chamber of Commerce is not responsible for any Content that is illegal, offensive or otherwise actionable. Under no circumstances will Sussex Chamber of Commerce be responsible for any loss or damage resulting from anyone’s reliance on information or other Content posted on this Site or transmitted to Users.

3.2 Sussex Chamber of Commerce reserves the right, but has no obligation, to edit or remove any Content without question, reason or notice.

3.3 Sussex Chamber of Commerce reserves the right, but has no obligation, to disqualify any person from the online discussion group without question, reason or notice.

4 Site Contents:

4.1 The mention or appearance of any person or organisation featured on these pages is not to be taken as any indication of sexual, social or political orientation of such persons or organisations. Sussex Chamber of Commerce assumes no responsibility for unsolicited materials provided by Users and submission of the material by Users is construed as permission to publish without further correspondence.

4.2 The Content made available in this Site is provided "as is" without warranties of any kind, either express or implied, including but not limited to all implied warranties of satisfactory quality, fitness for a particular purpose, title, or non-infringement of any third party rights including, without limitation, intellectual property rights. Sussex Chamber of Commerce does not warrant that the Content will be error free, nor free of viruses, nor free from defamatory, offensive, infringing or other harmful matter. You assume the entire cost of any necessary service, repair, or correction. The Content may include inaccuracies or typographical errors that will be corrected as they are discovered at Sussex Chamber of Commerce’s sole discretion. You acknowledge that Sussex Chamber of Commerce has not undertaken any verification of Content featured on this Site.

4.3 Any photographs or other images featured on this Site are the property and responsibility of the User or other person who submitted them and may not be reproduced without the permission of the person concerned. By submitting a photograph or image to this Site, you grant Sussex Chamber of Commerce permission to use it, either in its original format or altered or cropped, on this Site in any way deemed appropriate by Sussex Chamber of Commerce.

5 Site links:

5.1 This Site links to websites operated by third parties. Sussex Chamber of Commerce does not control these third party websites and is not responsible for their content. The presence on this Site of a link to a website operated by a third party does not imply any endorsement by Sussex Chamber of Commerce of that third party or of any products or services advertised, or other information or content featured on that website. Nor does it constitute any assurance by Sussex Chamber of Commerce that that website has in place security measures to protect information or payments which you may submit either on or offline and your use of these links is entirely at your own risk.

6 Conduct of Users:

6.1 You acknowledge that you are solely responsible for interactions with other Users of this Site and that you are solely responsible for all materials that you publish or post to this Site or transmit to other Users of this Site.

6.2 You agree that by interacting with this Site or providing materials to Sussex Chamber of Commerce that you are granting Sussex Chamber of Commerce permission to use that material on this Site and to make it available worldwide.

6.3 You agree that you will not publish, post or transmit on this Site material that could reasonably be deemed offensive or abusive in tone, inaccurate, obscene, blasphemous, threatening, harassing, racially offensive, offensive to any religion, or illegal, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). This includes, but is not limited to: the posting of messages to other Users, whether in public areas or using the private messaging system; your choice of public name or Sussex Chamber of Commerce ID; and your basic entry and your profile.

6.4 You agree not to post, distribute or reproduce in any way any copyright material, trade marks or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.

6.5 You agree not to make false claims about the authenticity of photographs or other images. Particularly, any photograph of a person that is posted for inclusion with your profile must be a photograph of you. In all cases you must not use images where you do not have permission to publish the image on a public Internet site.

6.6 You agree not to include in publicly accessible Content on this Site any other person’s telephone numbers, street addresses, email addresses. You will not include material on this Site, which contains offensive anatomical or sexual references, or offensive language, and you will not post any photograph or image containing nudity or personal information. Sussex Chamber of Commerce reserves the right, but has no obligation, to reject any text, photograph or other image that does not comply with these prohibitions.

6.7 You agree to use this Site in a manner consistent with and that all materials you submit shall comply with, all applicable laws and regulations including, where applicable, data protection, privacy and advertising regulations and codes of practice. You shall not copy, use, modify, transmit, distribute, reverse engineer, or in any way exploit copyrighted or proprietary materials in this Site, except as expressly permitted by the respective owners thereof. All trade marks, service marks, and trade names in this Site are the marks of the respective owners, and any unauthorized use thereof is strictly prohibited.

6.8 You agree not to transmit any chain letters, spam letters, or junk email to other Users, not to participate in mischievous or malicious behaviour which causes damage or may cause damage to Sussex Chamber of Commerce or this Site or any of the computer systems on which this Site resides. You agree not to attempt to bypass any of the security measures implemented on this Site or on any of the computer systems on which this Site resides.

6.9 You are responsible for safeguarding all user ID, passwords and other security measures relating to your use of your computer and/or the website. We are not responsible for any use of the website by someone else using your account details, and you will indemnify us against all claims, liabilities, losses, damages, costs and expenses arising out of any such use, whether with or without your authority.

7 Marketing and Publicity:

7.1 Sussex Chamber of Commerce may from time to time obtain publicity for this Site in the marketing press, internet trade press and general popular press, as well as newspapers, magazines and other publications both national and international. You agree that these publications may without Sussex Chamber of Commerce knowledge obtain screenshots or quotations or other publicly accessible material from this Site to be used in such publications that may feature your Sussex Chamber of Commerce or My Sussex Chamber of Commerce folder, entry, profile and/or photograph.

7.2 You agree to release all rights concerning such material as referenced in to Sussex Chamber of Commerce and agree that your entry, profile and/or photograph may be used for such purposes. Sussex Chamber of Commerce agrees that it will contact you for your comments in all cases where it is aware that your information is contained in any such screenshot. Sussex Chamber of Commerce will endeavour to do this prior to any deadline for which the screenshot may be required.

8 Disclaimer of Warranty and Limitation of Liability:

8.1 Under no circumstances shall Sussex Chamber of Commerce, nor its affiliates, staff, agents or suppliers, be liable, whether in contract, tort (including negligence) or otherwise for:

i) any indirect or consequential loss or damage;
ii) any loss of profit, loss of business, loss of revenue, loss of time, or loss of data; or
iii) any other loss or damage in excess of any amount that you have paid to Sussex Chamber of Commerce in relation to this website at the date on which such liability arose;
arising out of your use of or inability to use or otherwise in connection with the website.
or any linked site, even if Sussex Chamber of Commerce is advised of the possibility thereof, and including any claim by a third party.

8.2 Sussex Chamber of Commerce hereby expressly disclaims any and all warranties, including without limitation, any warranties to the availability, accuracy, or information, products or services, and any warranties of satisfactory quality or fitness for a particular purpose.

8.3 Sussex Chamber of Commerce shall in no event be liable for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of records for any cause of action.

8.4 Nothing in this agreement limits Sussex Chamber of Commerce's liability for death or personal injury caused by its negligence or for fraud, or affects a consumer’s statutory rights.

9 Indemnity:

9.1 You agree to defend, fully indemnify and keep fully indemnified at all times, and hold harmless Sussex Chamber of Commerce, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities, damages and expenses (including reasonable fees) relating to or arising out of your use of this Site including, without limitation, any infringement of any third party’s rights (including without limitation intellectual property rights and rights of privacy and publicity) and any unlawful material you submit to this Site (including without limitation material which is or could be deemed defamatory, obscene, offensive, inaccurate, blasphemous, threatening or illegal), and any breach by you of the terms of this agreement.

10 Severability:

10.1 In the event any term or condition or part thereof of this agreement is prohibited by local or other law, this agreement shall be construed in such a manner as to give force and effect to every lawful provision.

11 Notice:

11.1 The terms of use shall be governed in accordance with the laws of England. The terms and conditions of this agreement are subject to change by Sussex Chamber of Commerce at any time on a prospective basis upon notice to Users. Any User’s use of this Site following such notice shall indicate the User’s acceptance of the new terms and conditions. Sussex Chamber of Commerce may provide notice to Users by email or by a general posting (indicated by the word "Notice") on this Site.

12 Personal data protection/privacy:

12.1 Your use of the site is subject to the Privacy Policy, which forms part of this agreement. Please read the Privacy Policy carefully before using the site.

13 Copyright and trademarks:

13.1 All Content and materials on this Site, save where otherwise expressed, are subject to copyright and are protected by worldwide copyright laws and treaty provisions. No logo, graphic, text, sound or image from this website may be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way, without Sussex Chamber of Commerce's prior written permission. Except as expressly provided herein, Sussex Chamber of Commerce does not grant any express or implied right to you under any patents, copyrights or trademarks other than to view and print Content for your own use. You may not make any commercial use of anything on this website, or distribute it to any other person, unless expressly permitted to do so.

14 Credit Card and Telephone Purchases

14.1 When placing an order with us either on-line or by telephone, you are entering into a legally binding contract under UK law.

14.2 We accept on-line orders using the following cards, Visa, MasterCard, Switch and Maestro.

14.3 We also accept orders by telephone or facsimile. You can telephone your orders on 0845 67 888 67 or send your orders by way of facsimile on 01444 259 255.

14.4 All orders received are subject to acceptance by Sussex Chamber of Commerce. You may receive an automatically generated acknowledgement of order, but this is not acceptance, which will be communicated to you separately.

15 Cancellations of Orders

15.1 If you are dealing as a consumer (i.e. other than in the course of a business) (’a Consumer’) you may cancel your contract with us for any goods that you order from us at any time up to the end of the seventh working day from the date you receive the ordered goods. You do not need to give us any reason for cancelling your contract nor will you have to pay a penalty.

15.2 If you are dealing as a Consumer you may cancel your contract with us for any services (which includes the supply of information, software and other such items) you order up to the end of the seventh working day from the date after you enter into the contract. You do not need to give us any reason for cancelling your contract nor will you have to pay a penalty.

15.3 To cancel your contract as a Consumer you must notify us in writing and as follows Operation Manager, Unit 4 Victoria Business Centre, 43 Victoria Road, Burgess Hill, West Sussex, RH15 9LR. Once you have notified us that you are cancelling your contract, any sum debited to us from your credit card will be re-credited to your account as soon as possible and in any event within 30 days of your order.

15.4 For the avoidance of doubt, if you are dealing as a non-consumer (i.e. in the course of your business) you have no right of cancellation as detailed above.

16 Events, Training Courses and Membership - Refunds

16.1 Membership

16.1.1 Refunds will not be offered in full or in part for membership unless it is within 5 working days of purchasing membership (at CEO’s discretion).

16.1.2 All cancellations must be sent to cancellations@sussexchamberofcommerce.co.uk

16.2 Events

16.2.1 Paid Events A full refund will be applicable if notice of cancellation is received at least 5 working days in advance of the event. If notice is received with less than 5 full working days no refund will be applicable.

16.2.2 Free Events – (this includes all free events which may form part of your membership) - Cancellation of a free event must be received at least 5 full working days prior to event date. If notice is not received or attendance is not recorded then an administration charge will be applied regardless of Membership level.  

16.2.3 All cancellations for events must be advised in writing by email and sent to cancellations@sussexchamberofcommerce.co.uk FAO: Operations Manager. Appropriate substitutions will be accepted at anytime.

16.3 Training Courses

16.3.1 Cancellations received more than 10 working days in advance of the course

16.3.1.1 Cancellations received in writing or rearranging for the next available course date will not incur a charge.

16.3.2 Cancellations received less than 10 working days in advance of the course

16.3.2.1 Cancellations received in writing less than 10 working days prior to the course will be charged at 100% of the training course fee

16.3.2.2 Bookings transferred to a later course will be subject to a cancellation charge of 50% of the training course fee.

16.3.3 All cancellations for training courses must be advised in writing by email and sent to cancellations@sussexchamberofcommerce.co.uk FAO: Operations Manager. Appropriate substitutions will be accepted at anytime.

 

17 Credit Card Security and Refunds

17.1 We use a secure server that implements Secure Socket Layer Technology (SSL) to prevent any person from gaining access to your credit card or registration information whilst it is on our site or being transmitted across the internet.

17.2 If you discover that goods or services have been ordered over our site using your credit card details in circumstances where you had not agreed to or authorised this, then (provided you have not, through failure to take reasonable care, allowed an unauthorised person to gain access to your credit card details, purchaser ID or password) your credit card company is normally required to refund you the money provided that: a) you inform your credit card company and us of the unauthorised purchase as soon as you discover it; and b) you co-operate with your credit card company and us and, if necessary, the Police in relation to the unauthorised use.

18 Taxes

We have made every effort to make clear whether the quoted prices for goods and services available through our site include any relevant tax or duty. Where in any case it is not clear please note that before you place an order that you might be required to bear a liability to tax or duty (for example VAT) that is in addition to the price.

19 Debiting of Credit Card, Warranty and Confirmation of Order

19.1 When we provide any goods or services to you, under these terms and conditions, payment will be charged to the credit card account provided by you on the website order form.

19.2 By placing the order, you, the buyer, warrant that the credit card you are using is your own and that there are sufficient funds and/or sufficient unused limit available to cover the cost of the purchase and that you consent to payment being charged to your credit account.

19.3 We will issue you with an electronic receipt to the email address that you have provided us with within 1 day.

20 Cancellation by us

20.1 We reserve the right to cancel the contract between us if:

20.1.1 we have insufficient stock to deliver the goods you have ordered; or

20.1.2 the course you have booked is no longer available (for whatever reason); or

20.1.3 one or more of the goods or services you ordered was listed at an incorrect price due to a typographical or other error.

20.2 If we do cancel your contract we will notify you by email and will re-credit to your account with any sum deducted by us from your credit card as soon as possible, but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.

21 Queries, Complaints and Contact Details

21.1 We aim to respond to e-mail, faxed and written queries within 48 hours of receipt.

21.2 In respect of complaints, we will consider the nature of the complaint and will contact you within 21 days of the complaint giving you the result of the enquiry and what we propose should be done.

21.3 Our contact details are as follows:
21.3.1 Telephone Number : 0845 67 888 67;
20.3.2 Facsimile Number : 01444 259255;
20.3.3 Email Address : info@sussexchamberofcommerce.co.uk.

This agreement is governed by English Law and disputes will be heard in the English Courts.