Why should I read them?
A. Acceptance of Terms
The rest of the TOU is broken into a number of different sections:
- Web-COSI’ obligation to you
- Security and Member privacy
- Web-COSI proprietary rights
- Disclaimer of Warranties
- Limitation of liability
- Modification and Termination of the service
- Modifications to the TOU
- TOU Violations
- Termination of Use
- Entire Agreement
- Governing law
- Online content and data protection
1. Web-COSI obligation to you
Subject to the TOU, Web-COSI will:
- Inform you of any changes to the TOU from time to time.
- Remind you of aspects of your obligation to Web-COSI at appropriate times during your use of the Service.
- In conjunction with the Data Protection Act (1988) treat your personal information in a responsible manner. See Security and Member Privacy.
- Supply you with access to an on-line facility to network with contacts and contacts of contacts.
- Supply the Service using operating procedures designed to ensure the Service’s security and System availability.
- Answer any queries you have regarding the TOU, Service and the operation of your account.
2. Security and Member Privacy
You are responsible for maintaining the confidentiality of your password and account. Furthermore, you are responsible for any and all Member accessible activities that occur under your account. You agree to notify i-genius immediately on becoming aware of any unauthorized use of your password or account or any other breach of security.
i-genius has put in place security measures to protect against the loss, misuse and alteration of the information collected. A ‘firewall’ (an internet security device) sits between the i-genius website and the internet to help prevent any unauthorized user from accessing any data.
You agree that i-genius and its authorised employees can access your account, including its contents as stated above, or to respond to support queries or technical issues or to fulfil the obligations under this Agreement.
i-genius reserves the right at all times to monitor, review, retain, and/or disclose in good faith any information it believes in good faith that such action or disclosure is necessary to conform to legal and government requirements, or to protect and defend the rights or property of i-genius or enforce the TOU.
i-genius reserves the right to collect and distribute non-personal demographic information to third parties. As such this information would not contain any information that would allow your identity to be deduced.
3. Web-COSI’ Proprietary Rights
You acknowledge and agree that the Web-COSI content including but not limited to (1) text, (2) software, (3) photographs, (4) graphics, (5) page layout (6) design presented through and as part of the Service by Web-COSI is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws.
Such content received through the Service may be displayed, reformatted, and printed by you for your personal, non-commercial use only and at all times used solely in connection with the Service in accordance with the TOU.
Certain names, logos, and other materials displayed on the Web-COSI web site constitute trademarks, copyright and other intellectual property collectively referred to as ‘IP rights’ of Web-COSI. Ownership of such IP rights remains with Web-COSI. You are authorised to use such IP rights during the process of promoting and using the Web-COSI service hosted by the Service.
Links to third party websites are provided for information only and do not imply an approval/endorsement of the site. Web-COSI is not responsible for the contents of any linked site and shall be under no liability arising from your use of these sites.
4. Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT:
- Your use of the Service is at your sole risk.
- The Service is provided on an ‘as is’ and ‘as available’ basis and the warranties on the part of i-genius contained in this TOU are given in place of and replace, exclude and extinguish all and every other condition or warranty whatsoever on the part of Web-COSI, written or oral, whether express or implied by statute, regulation, directive or any other legislative or administrative enactment, common law, trade usage, custom or otherwise to the full extent permitted by law.
- The information and content included in/available through the Service may include inaccuracies or typographical errors.
- Changes are periodically added to the information contained with the Service and Web-COSI and/or its respective suppliers may make improvements and/or changes in the Service at any time.
- No advice or information, whether oral or written, obtained by you from Web-COSI or through the Service shall create any warranty not expressly stated in the TOU.
Except as otherwise expressly provided in the TOU, Web-COSI does NOT represent or warrant that:
- The Service will meet your requirements.
- The Service will be uninterrupted or error-free, timely or secure.
- Defects or errors will be corrected, or that the Service or the server that makes it available, are free of viruses or other harmful components.
- The use of or the results of the use of the Service or the content made available as part of the Service will be correct, accurate, timely, or otherwise reliable.
- The content of the Service input by other members is correct or accurate.
5. LIMITATION OF LIABILITY
- YOU AGREE THAT Web-COSI SHALL NOT BE RESPONSIBLE OR LIABLE FOR:
- PROVIDED THAT Web-COSI HAS FULFILLED ITS SECURITY OBLIGATIONS, UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.
- ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT, SAVE THAT Web-COSI SHALL BE ENTITLED TO REMOVE IT IN ALL PRACTICABLE SPEED AFTER Web-COSI HAS BEEN NOTIFIED IN WRITING OF ITS PRESENCE ON THE SITE.
- CONDUCT OF ANY OTHER MEMBER OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS.
- ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION:
- DAMAGES FOR LOSS OF USE;
- DATA GOODWILL;
- PROFITS, OR OTHER INTANGIBLE LOSSES;
ARISING OUT OF OR IN ANY WAY CONNECTED WITH:
- USE OR PERFORMANCE OF THE SERVICE OR RELATED WEBSITES;
- DELAY OR INABILITY TO USE THE SERVICE OR RELATED WEBSITES;
- PROVISION OF OR FAILURE TO PROVIDE SERVICES, INFORMATION OR SOFTWARE;
- SERVICES OBTAINED THROUGH THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE;
- DELAY IN OPERATION OR TRANSMISSION;
- COMPUTER VIRUS;
- COMMUNICATION LINE FAILURE;
- DESTRUCTION OR UNAUTHORIZED ACCESS;
WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE – EVEN IF Web-COSI OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
- IF YOU ARE DISSATISFIED WITH THE SERVICE OR ANY PART OF THE SERVICE YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE AND ITS RELATED WEBSITE.
You agree to indemnify, defend and hold harmless Web-COSI, its parents, subsidiaries, affiliates, officers and employees from any claim, demand, or damage, including reasonable legal fees, asserted by any third party due to or arising out of your use of or conduct on the Service.
7. Modification and Termination of the Service
You agree that Web-COSI, in its sole discretion, may terminate use of the Service, and remove and discard any content within the Service, for any reason, including without limitation, if Web-COSI believes that you have violated or acted inconsistently with the letter or spirit of the TOU.
Web-COSI may also, in its sole discretion and at any time, discontinue temporarily or permanently providing the Service, or any part thereof, with or without notice. You agree that any termination of access to the Service under any provision of the TOU may be effected without notice.
Further you agree that Web-COSI shall not be liable to you or any third party for any termination or suspension of access to the Service or modification of the Service.
8. Modifications to the TOU
Web-COSI reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Web-COSI shall not be liable to you or any third party for any modification to or discontinuance of the Service.
9. TOU Violations
Please report any violations of the TOU to Customer Support at firstname.lastname@example.org
10. Termination of Use
You agree that Web-COSI, in its sole discretion, may terminate all or part of your user access, registration, password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Web-COSI believes that you have violated or acted inconsistently with the letter or spirit of the TOU.
Web-COSI may in its sole discretion, and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOU may be effected without prior notice, and acknowledge and agree that Web-COSI may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Web-COSI shall not be liable to you or any third-party for any termination of your access to the Service
11. Entire Agreement
These TOU constitute the entire agreement between Web-COSI and the user and supersede any previous agreement or understanding between Web-COSI and the user.
12. Governing Law
These TOU shall be governed in all respects by English Law and the parties submit to the exclusive jurisdiction of the English Courts. It complies with the treatment of information under the data protection law (1988)
13. Online Content and Data Protection
Opinions, advice, statements, offers, and other content made available through the Service, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. The accuracy, completeness, usefulness of any of the information herein is not guaranteed. Neither does Web-COSI endorse/take responsibility for the accuracy or reliability of any opinion, advice, statement made by parties other than us.
Web-COSI is not responsible for any loss, damage resulting from anyone’s reliance on information or other content posted on the service, or transmitted to members.
Web-COSI reserves the right, but have no obligation, to monitor the materials posted in the public areas of the service.
Web-COSI reserve the right to remove material which, in it’s sole discretion, violates the law or this agreement. Notwithstanding this right, you remain solely responsible for the content of the materials you post in the public areas of the service.
All content on the site is to the best of Web-COSI knowledge, timely and accurate when issues.