General user terms
1
Use of
the IATC Website
1.1
These terms
apply only to those parts of the IATC website which do not require
a digital certificate or other security device or measure for access;
references to “website” below shall be construed accordingly.
1.2
This
website is made available by IATC. Any party accessing or browsing this
website or downloading or using any information, data, text, images, video or
audio or any other materials available from IATC via or generated on, posted
or uploaded to the website (“Content”) or otherwise requesting, using
or receiving any services or facilities (“Services”) via the website
(“User”) may only do so subject to: (1) the terms and conditions set
out below, (2) any additional instructions, terms or conditions on the
website that apply to particular Content or Services which the User uses
(such additional instructions, terms and conditions to prevail over the terms
and conditions below to the extent of any inconsistency), and (3) the privacy
statement available on www.iatc-europe.com, together referred to as the “General
Website Terms”. Access to or use of this website or any Content or
Services available via it shall be deemed to constitute acceptance by the
User of, and agreement by the User to, the General Website Terms.
1.3
If the
User accesses the website or receives or uses Content or Services on behalf
of any other party (including any body corporate), that party shall also be
bound by the General Website Terms as if that party were a User. The User
warrants and represents that he is authorised by any such party to bind that
party to the General Website Terms.
2
Status
of General Website Terms
2.1
The
General Website Terms shall not affect, or form part of, the terms of any
contract of carriage with IATC.
3
Copyrights/Other
Rights
3.1
Ownership
of all copyrights, database rights, patents, trade or service marks, product
names or design rights (whether registered or unregistered), trade secrets
and confidential information and any similar rights existing in any territory
now or in future (“Intellectual Property Rights”) and similar rights
and interests in all domain names, trade marks, logos, branding appearing on
the website and all Content, or otherwise relating to the structure of the
website and the Services offered by IATC via the website, vests in IATC or
its licensor.
3.2
The
User may use this website and the Content and Services available via the
website only for the purposes reasonably anticipated on this website or as
otherwise might reasonably be expected in the course of his relationship with
IATC and in accordance with any procedures from time to time in force on the
website. The User may not access any areas of the website to which access is
indicated to be restricted unless the User has obtained appropriate
authorisation and any relevant access device (such as a digital certificate)
from IATC. The User may not: (1) use or permit any other party to use all or
any part of the website, Content or Services in connection with activities
that breach any relevant laws, infringe any third party’s rights, or breach
any applicable standards, content requirements or codes; (2) post to, upload
to, temporarily store on (if such facility is provided) or transmit through,
the website any information, materials or content that might be or might
encourage conduct that might be unlawful, threatening, abusive, defamatory,
obscene, vulgar, discriminatory, pornographic, profane or indecent; (3) use
the website for the purpose of or as a means to send ‘flame’ or ‘spam’
emails.
3.3
The
User shall procure the waiver of any moral rights in any information, data or
other content or materials posted or uploaded by the User to the website
(“User Materials”). The User hereby irrevocably authorises IATC and its
licensees to use any User Materials for all reasonable business purposes, including
without limitation copying, amending, incorporating in other materials,
publishing or otherwise providing to third parties (and permitting such third
parties to use and sublicense the User Materials) anywhere in the world any
such User Materials. The User agrees to take any steps (including completing
any further document) that may be required in any jurisdiction to give effect
to this clause.
3.4
IATC
does not warrant or represent that the User’s or any other party’s use of the
Content or the Services available via the website will not infringe rights of
third parties.
4
Errors
4.1
IATC
will use reasonable endeavours to ensure that the Content accurately reflects
either (1) the relevant part of IATC records held on IATC computer systems or
(2) information received from a party other than IATC. IATC does not warrant
that the Content is accurate, sufficient, error free, complete or up to date
at the time it is accessed. The User should make further enquiries to satisfy
himself of the accuracy and completeness of any Content before relying on it.
Certain Content may be labelled as indicative only, in which case IATC makes
no warranties at all in relation to its quality, accuracy, completeness or
timeliness.
4.2
Except
as set out in the General Website Terms, IATC shall have no liability
whatsoever for breach of any implied warranty, term or condition that might
otherwise apply including (without limitation) in relation to the operation,
quality or fitness for purpose of the website or any Content, User Materials
or Service, or the use of reasonable skill and care.
4.3
The
User is responsible for the accuracy and completeness of any User Materials.
The User shall ensure the User Materials do not infringe any Intellectual
Property Right or other right of any third party and are not defamatory,
unlawful, immoral or otherwise likely to breach or infringe any right or
requirement or to give rise to any claim for loss or damage by any third
party. The User shall indemnify and hold harmless IATC and its affiliates,
associates and agents against any claims, losses, actions, proceedings,
damage or other liabilities whatsoever (including damages or compensation
paid by IATC to compromise or settle a claim), and all legal costs or other expenses,
suffered by IATC or its affiliates and associates as a result of any actual
or potential breach by the User of its obligations under this clause
4.3.
5 Hyper linked
websites
5.1
The
website may contain certain links or references to websites operated by third
parties. IATC makes no warranties or representations whatsoever regarding any
third party website which the User may access through this website or which
the User may use or access to enable access to or use of this website and any
of its Content or Services. Any such website is wholly separate and independent
from this website and IATC does not have any control over the content or
operation of such website. IATC does not endorse any third party website, and
does not accept any responsibility for the existence, operation, content or
use of such website.
5.2
A User
may place hyper links to any unrestricted area of this website provided that
the User complies with the following terms or any other terms posted on the
website from time to time. The User: (1) may link to, but may not, unless with
IATC prior written agreement, replicate in any way any Content appearing on
the website; (2) may not create a border environment or browser around or
otherwise frame any Content or create any impression that the Content is
supplied or owned by any party other than IATC (3) may not present misleading
or false information about IATC, its services or Content; (4) may not
misrepresent IATC relationship with the linking User (or any third party);
(5) may not create any implication or inference than IATC endorses the
linking User or its services (or any third party); (6) may not use or
reproduce IATC logo, trade marks or name; (7) may not provide or display any
content that could be construed as obscene, libellous, defamatory,
distasteful, offensive, discriminatory, pornographic or inappropriate in any
other way; (8) may not display or provide materials, content or anything else
that might violate any laws of any jurisdiction or infringe any Intellectual
Property Right; and (9) must clearly indicate that the IATC website is
operated by IATC and is not controlled by or otherwise associated or
connected with the linked website, and that IATC terms and conditions apply
in relation to any use of the IATC website.
5.3
Any
User must immediately on request remove any link placed on or to any area of
this website. The User shall not permit any third party aggregation of
information to access or retrieve information from this website on the User's
behalf. The User may not in any way run software programs, scripts, macros or
similar materials against or in relation to any part of the website as these
could endanger, compromise or hamper the stability and operation of the website
or infringe rights in or relating to the website or any materials appearing
on it.
6
Security
6.1 The
User agrees to comply with any reasonable instructions IATC may issue
regarding the website’s security.
6.2
The
User must ensure that he does not do anything during or after any access to
or use of the website, Content or Services which might result in the security
of the website, or the systems or security of IATC or any other users of the
website, or any IATC customers or associated or affiliated companies, being
compromised.
6.3
Both
the User and IATC shall each take all reasonable precautions to ensure that
communications through the website and its own systems are not affected by
computer viruses or other destructive or disruptive components, and to ensure
no such components are transmitted to or via IATC or the website.
7
Liability
7.1
The
total liability of IATC, its affiliates, associates and agents to the User
and any person acting on the User’s behalf, howsoever arising out of or in
connection with the General Website Terms and/or the website, Services or
Content (including in relation to negligence) shall, in aggregate, in respect
of any claim, or series of connected claims arising out of the same cause in
any calendar year, not exceed USD 500 (United States Dollars Five
Hundred).
7.2
The
User shall ensure that no claims for more than the aggregate limit of liability
set out in clause 7.1 are brought against IATC, its affiliates, associates or
agents.
7.3
The
User is advised to obtain, if he considers appropriate, insurance cover at
his cost, in particular for any loss exceeding the limit set out in clause
7.1 above.
7.4
Nothing
in the General Website Terms shall exclude liability for death or personal
injury resulting from negligence or for fraud on the part of IATC.
7.5
Except
as set out in the General Website Terms, IATC, its affiliates, associates and
agents shall have no liability whatsoever in respect of the use of the
Content, Services or website, howsoever arising.
8
Miscellaneous
8.1
Use of
this website or of the Content or Services may be subject to certain legal or
regulatory requirements in particular jurisdictions. The User may only access
or use the website, Content or Services to the extent such access or use is
permitted in the jurisdiction in which he accesses or uses the website,
Content or Services.
8.2
IATC
will not be liable for any loss (including without limitation loss of
profit), damage, delay or failure in performing any of its duties relating to
the General Website Terms caused in whole or in part by the action of any
government or governmental agency, natural occurrence, law or regulation (or
any change in the interpretation thereof), injunction, currency restriction,
sanction, exchange control, industrial action (whether involving its staff or
not), war, terrorist action, equipment failure, interruption to power
supplies or anything whatsoever beyond its reasonable control.
8.3
The
General Website Terms supersede all previous agreements, communications,
representations and discussions between the parties relating to the website.
No party will have a right of action against IATC arising from any previous
agreement, communication, representation and discussion in respect of the
website (except in the case of fraudulent misrepresentation), and neither
party has relied on any terms, warranties, representations or conditions
other than those expressly stated in the General Website Terms. No
modification or waiver of the General Website Terms shall be binding on IATC
unless it is in writing and agreed by an authorised representative of IATC.
8.4
References
in the General Website Terms to ‘in writing’ or ‘written’ include
communication by email or other electronic form. References in the General
Website Terms to the singular include the plural and vice versa.
8.5
Each of
the provisions of the General Website Terms is severable from the others and
if one or more of them becomes void, illegal or unenforceable, the remainder
will not be affected in any way.
8.6
The
rights of IATC under the General Website Terms may be exercised as often as
necessary and are cumulative and not exclusive of its rights under any
applicable law. Any delay in the exercise or non-exercise of any such right
is not a waiver of that right.
8.7
The
User may not assign, part with or otherwise transfer any right or benefit
under any provision of the General Website Terms without IATC prior written
consent.
8.8
Subject
to clause 2, IATC may at any time and without notice or liability change,
improve or remove any Content or any Services available via the website, or
the General Website Terms.
8.9
IATC
may assist or co-operate with authorities in any jurisdiction in relation to
any direction or request to disclose personal or other information regarding
any User or the use of the website, Content or Services.
8.10
IATC
affiliates, associates and agents (“Relevant Third Parties”) shall
have the benefit of all provisions of the General Website Terms which are
expressed to be for their benefit, as well as the law and jurisdiction
clause. In entering into the General Website Terms, IATC does so (to the
extent of such provisions) not only on its own behalf but also as agent and
trustee for such persons.
8.11
To the
extent that clause 8.10 is not effective to give such benefit to any Relevant
Third Party, such Relevant Third Party may enforce such provisions in its own
name pursuant to the Contracts (Rights of Third Parties) Act 1999. The
General Website Terms may be varied or rescinded, by agreement or in
accordance with their terms, without the consent of any Relevant Third
Party.
8.13
The
General Website Terms shall be subject to English law and any dispute, claim,
matter of construction or interpretation arising out of or relating to the
website, including the General Website Terms, shall be subject to the
exclusive jurisdiction of the English courts.