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Terms & Conditions
Perchards provides an information service on this website that includes reports
on European Legislation in the areas of Packaging and Packaging Waste, Waste
Electrical and Electronic Equipment (WEEE) and Restriction of the use of certain
Hazardous Substances in electrical and electronic equipment (RoHS). This service and any other reports or updates that
may from time to time be published on this website, are made available from
this website to inform subscribers and help them to stay current with European
Legislation and compliance issues, and are in no way intended to be an alternative
to the Legislation itself or to professionally acquired legal advice. Subscription
to any of our online services is available subject to your agreeing to and complying
with the specific terms and conditions in sections A to N of this Perchards
User Agreement (the "Agreement") as set forth below.
IF YOU DO NOT AGREE WITH ANY TERM OR CONDITION STATED OR LINKED TO BELOW, YOU
ARE EXPRESSLY PROHIBITED FROM ACCESSING OR USING ANY OF THE PERCHARDS SERVICES
WHICH REQUIRE REGISTRATION OR A PASSWORD FOR ACCESS.
Please review each section carefully. Should you have any questions, please
feel free to contact us using the information in Section M below or by clicking
on the "Contact Us" links found on the Perchards' website.
DETAILED CONTENTS OF THIS AGREEMENT
A. YOU MAKE THIS AGREEMENT VOLUNTARILY
B. YOU HAVE CAREFULLY REVIEWED THIS AGREEMENT
C. WE MAY MODIFY THIS AGREEMENT
D. TERMINATIONS, TRANSACTION EXPIRATIONS, NO REFUNDS
E. RENEWAL OF SUBSCRIPTION
F. LIMITATION OF OUR LIABILITY
G. YOU ARE RESPONSIBLE FOR YOUR USER NAME AND PASSWORD
H. YOU ARE RESPONSIBLE FOR YOUR USE OF PERCHARDS WEB/SUBSCRIPTION SERVICES
I. NO WARRANTIES ARE GIVEN
J. INTELLECTUAL PROPERTY AND NON-COMPETE AGREEMENT
K. SEVERABILITY AND APPLICABLE LAW
L. THIS IS OUR ENTIRE AGREEMENT
M. HOW TO GIVE NOTICE
N. PAYMENT
A. YOU MAKE THIS AGREEMENT VOLUNTARILY
I certify that I am over 18 years of age and that I am authorized to and capable
of entering into this Agreement and am doing so voluntarily.
B. YOU HAVE CAREFULLY REVIEWED THIS AGREEMENT
I agree to read this Agreement carefully before accessing or using Perchards'
subscription services. By accessing or using Perchards' website, I agree to
be bound by the terms and conditions of this User Agreement. If I do not wish
to be bound by these terms and conditions I understand that I may not access
or use Perchards' subscription services.
C. WE MAY MODIFY THIS AGREEMENT
I agree that the Company may modify this Agreement at any time, and upon any
material modification to the Agreement, subscribers will be notified by email
that changes have been posted and may be viewed on Perchards' website. In the
event that I have previously requested removal from the Perchards' mailing list
for email alerts, I agree to review this Agreement periodically to be aware
of such modifications and I agree that such modifications shall be effective
immediately upon posting of the modified Agreement. Subject to the notice terms
set forth in this paragraph, my continued access or use of Perchards' subscription
services after modification of the Agreement shall be deemed a conclusive acceptance
of this Agreement as modified.
D. AGREEMENT TERMINATION, NO REFUNDS
I understand that the subscription period for Perchards’ information services
is twelve months, and that I may terminate this Agreement at the end of that
twelve month period by giving written notice to Perchards as set forth herein,
unless stated otherwise in a separate license agreement signed by the Company.
All terminations shall be effective as of the last day of the month in which
notice is given. Upon termination of this Agreement no pro-rata refunds or refunds
of any kind will be given. All payments made to the Company or its affiliates
or assigns, for any reason or service, prior to termination shall be non-refundable
I agree that in the event of my non-payment as required herein or by any separate
agreement, upon my breach of a material term or condition of this Agreement
or any other written agreement between myself or my company and Perchards, or
upon my misuse of the Services in contravention of their intended use in the
sole discretion of Perchards, or as otherwise stated in paragraphs 1 to 3 below,
then Perchards shall be entitled to immediately terminate this Agreement. Upon
such termination, Perchards shall have the absolute right to immediately terminate
my access to all Services, and deny me access to any transactions, data, documents,
or information stored with or placed on Perchards' website, whether or not purchased
by me or my company. Perchards, its officers, directors, affiliates, assigns,
and employees, shall have no liability whatsoever in connection with any termination
hereunder, or any other cause of action resulting from my use of Perchards'
subscription services.
E. RENEWAL OF SUBSCRIPTION
One month prior to the end of the subscription period (normally twelve months)
we will send notice to the email address held in the user details section of
the website, to advise renewal via the online subscription form. Should no payment
be made 2 weeks prior to the end of the subscription period a further reminder
notice will be sent to the same email address. Upon expiration of the subscription
period, if no payment has been made, Perchards will assume that the subscription
service is no longer required and your access to the website shall cease.
F. LIMITATION OF OUR LIABILITY
Perchards shall not be responsible or liable for the unavailability of the Services
due to power failures, software bugs, viruses, Internet problems, maintenance
or malfunction of computer equipment, disasters, acts of God, or any other causes.
I agree that Perchards shall not be liable in any way for the documents or information
posted by any person or entity on Perchards’ website or disseminated in reports
in any form, including printed reports, downloaded information, compact disks,
or disseminated in any links or hyper-links to Perchards. Nor shall Perchards
in any way be liable for the content, accuracy or authenticity of any of the
information set forth above. I understand that any views or opinions expressed
by any person accessing this Service are the views or opinions of those third
parties, and are not the views or opinions of Perchards. Although Perchards
provides passwords and various other measures to protect its users and their
data and documents, I agree that Perchards shall in no way be liable for the
misuse of the information posted or disseminated in any form by report or otherwise
on or from Perchards or the Services, nor shall it be liable for the misuse
or misappropriation of designated passwords or allowance of illegal access to
Perchards or to reports generated from the use thereof. I agree that I will
not abuse Perchards or the Services by engaging in activities such as guessing,
trying to obtain under false pretense, or using in an unauthorized manner a
third party’s User Name and Password combination, or otherwise "hacking"
into a third party’s Perchards account or by using Perchards for criminal, illegal
or immoral purposes.
G. I AM RESPONSIBLE FOR MY USER NAME AND PASSWORD
My account will be protected by a User Name and Password. I agree that I am
solely responsible for retaining the confidentiality of my User Name and Password
and that I will not pass on these details to any third party not authorised
to access these services. If at any time I believe the security of my User Name
and/or Password has been compromised, I agree that I am responsible for changing
my Password immediately. I agree that I remain liable for any unauthorized use
of the Services until my Password is changed, a process available to me under
"Account" after I log in.
H. I AM RESPONSIBLE FOR MY USE OF PERCHARDS’ WEB/SUBSCRIPTION SERVICES
By using Perchards' subscription services, I agree to indemnify, hold harmless
and defend Perchards and its employees, officers and directors, from any and
all claims, direct, incidental, special, consequential or exemplary damages,
losses, liabilities and all costs and expenses of defence, including legal fees,
resulting directly or indirectly from the acts, misuse or omissions set forth
in the paragraphs herein, my negligence in the use of Perchards' subscription
services, the information posted thereon, or reports generated in any media,
or in any way arising from my use of Perchards’ subscription services or the
information obtained in violation of this Agreement.
I. NO WARRANTIES ARE GIVEN
I agree that, while Perchards makes every effort to ensure that the information
it provides is accurate and up to date, Perchards does not make any express
or implied warranties, representations or endorsements whatsoever (including
without limitation warranties of title or non-infringement, or the implied warranties
of merchantability or fitness for a particular purpose) with regard to Perchards’
website, or the Services or any products provided through or listed on Perchards
website. Perchards does not warrant that (1) the information viewed at or reported
on Perchards' website, is correct, accurate or reliable, nor is it intended
to replace original documents or be admissible in any court of law or tribunal;
(2) the Services will be uninterrupted or error-free; or (3) defects will be
corrected, or (4) that the Services or the server(s) that make them available
are or will be free from viruses or other harmful components.
J. INTELLECTUAL PROPERTY AND NON-COMPETE AGREEMENT
I agree that Perchards' website and the Services and all the software and information
they now contain, or may contain in the future, including but not limited to
reports, directories, glossaries, trademarks, trade names, service marks, logos,
computer code, software, copyrighted, trademarked, and/or patented material
(Collectively "content"), is the property of Perchards and is protected
from unauthorized copying and dissemination by European copyright law, patent
law, trademark law, international conventions, and other intellectual property
law. Certain of the trademarks and logos displayed on Perchards' web site or
within the Services may be owned by third parties. Nothing contained on Perchards'
website shall be construed as granting, by implication, estoppel or otherwise,
a license or right to use the Services or any content displayed on Perchards'
website, without the prior written permission of Perchards or such third party
that may own trademark or copyrighted material displayed on Perchards website.
Information may be obtained from Perchards' website solely as expressly authorized.
Any other copying, redistribution, retransmission, or publication of the information
contained in Perchards' website or the Services is strictly prohibited without
the express written consent of Perchards.
K. SEVERABILITY AND APPLICABLE LAW
Any provision of this Agreement that is prohibited by law, or is unlawful or
unenforceable under applicable law, shall be ineffective only to the extent
of such prohibition, without invalidating the remaining provisions of this Agreement.
Where the terms of this Agreement are inconsistent with applicable law, and
where applicable law controls, this Agreement shall be deemed to be amended
to comply with applicable law. This Agreement shall be construed in accordance
with the laws of the United Kingdom and I agree that use of Perchards' website
or the Services creates a contract thereunder that shall be construed in all
respects in accordance with the laws of the United Kingdom. In the event that
either party institutes suit to enforce the terms of this Agreement, the prevailing
party shall be entitled to its costs, reasonable expenses and reasonable legal
fees incurred. I agree that I may not assign or transfer my rights to access
or use the Perchards Services without the express written consent of Perchards.
L. THIS IS OUR ENTIRE AGREEMENT
Unless there are other agreements in writing signed by Perchards, this is the
entire agreement between the parties. In the event that there is a separate
license or written agreement between you and Perchards, then this Agreement
shall be effective in addition to that separate agreement, except that in the
event of any discrepancy, the separate written agreement shall prevail only
as to such provisions which are in direct conflict with this agreement. No such
discrepancy will invalidate the enforceability of any other term of this Agreement.
This Agreement shall not be modified except in writing signed by the both parties
or by a new posting at Perchards' website by Perchards as described above. Perchards
shall notify its paying users by email in the event of any substantial or materially
adverse change in this Agreement.
M. HOW TO GIVE NOTICE
Unless stated specifically above, all notices required under this Agreement
shall be given in writing, by certified mail to Perchards, 1 College Street,
St. Albans, Hertfordshire, AL3 4PW, United Kingdom, and to me, the subscriber,
at the e-mail and mail addresses listed upon my registration to Perchards. No
failure of Perchards to insist upon strict performance of the terms or conditions
of this Agreement or as otherwise set forth on Perchards' website or as required
by Perchards ("Terms and Conditions") and no failure of Perchards
to exercise any right or remedy available upon any breach of said Terms or Conditions
shall constitute a waiver of any such breach or of any of such Terms or Conditions.
N. PAYMENT
All prices referred to on this site are stated in Euro and GB Pounds sterling
unless otherwise indicated. Prices do not include VAT, which will be added at
the current UK rate of 17.5% where applicable.
Payment must be received prior to services being provided. In the case of online
transactions the funds must have cleared before access details will be distributed
via email to the email address given. Access to the site can then be made for
the remainder of the subscription term of twelve months.
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