Site Usage Terms & Conditions
Terms and Conditions:
These Terms of Use are made as of this day, by and between Comvergent Limited, a UK Limited company, and you.
Applicability of these Terms of Use; Amendment to these Terms of Use
These Terms of Use sets forth the terms and conditions that apply to your access and use of www.evaro.co.uk web site and services.
Comvergent Limited may amend or revise these Terms of Use at any time. By using this site, you agree to be bound by the Terms of Use as in effect from time to time. Please review the Terms of Use regularly. Your continued access and use of www.evaro.co.uk following the posting of any such changes shall automatically be deemed your acceptance of the same. If you do not agree to these terms and conditions, do not use this site or download any materials from this site.
Your Right to Access and Use www.evaro.co.uk
Your right to access and use www.evaro.co.uk is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use www.evaro.co.uk for lawful purposes and pursuant to the terms and conditions of these Terms of Use. Your access and use of www.evaro.co.uk may be interrupted from time to time for any of several reasons, including, but not limited to, the malfunction of Comvergent Limited's equipment, periodic updating, maintenance or repair activities that Comvergent Limited may undertake from time to time, or other actions that Comvergent Limited, in its sole discretion, may elect to take. Comvergent Limited reserves the right to suspend or discontinue the availability of www.evaro.co.uk for access and use at any time in its sole discretion and without prior notice to you.
Your Compliance with these Terms of Use
By accessing and using www.evaro.co.uk (other than to read these Terms of Use), you agree to comply with all of the terms and conditions of these Terms of Use, including any changes or revisions to these Terms of Use, which Comvergent Limited, in its sole discretion, may make in the future.
Any action by you that, in Comvergent Limited's sole discretion, violates these Terms of Use, or restricts, inhibits or prevents any third party from accessing, using or enjoying www.evaro.co.uk, or through the use of www.evaro.co.uk, defames, abuses, harasses, offends or threatens any other user or third party, shall not be permitted, and may result in your loss of the right to access and use of www.evaro.co.uk. You shall not provide links to or frame www.evaro.co.uk without the prior express written permission of Comvergent Limited.
Comvergent Limited's Intellectual Property Rights
"Evaro" and the Evaro logotype are owned by Comvergent Limited and may not be used by you without the prior express written permission of Comvergent Limited, which permission may be withheld in Comvergent Limited’s sole discretion.
The data and content viewable on, contained in, or downloadable from, www.evaro.co.uk (collectively, the “Content”), is copyrighted by Comvergent Limited. Comvergent Limited also owns a copyright of a collective work in the selection, coordination, arrangement, presentation, display and enhancement of the Content. Viewing, reading, printing, downloading or otherwise using the Content in accordance with these Terms of Use does not entitle you to any ownership or intellectual property rights to the Content.
You shall be solely responsible for any damage resulting from your infringement of Comvergent Limited intellectual property rights regarding the “Evaro” and "evaro.co.uk" names, the Evaro and evaro.co.uk logos and graphics, and/or the Content, and/or any other harm incurred by Comvergent Limited as a direct or indirect result of your copying, distributing, redistributing, transmitting, publishing or using the same for purposes that are contrary to the terms and conditions of these Terms of Use.
Your Use of the Content
Without the prior written consent of Comvergent Limited, you may only print, download or otherwise use the Content in the form of: (i) one machine-readable copy; (ii) one backup copy; and (iii) one print copy, for your non-commercial use; provided, however, that you shall not delete any proprietary notices or materials with regard to the foregoing manifestations of the Content.
Except as otherwise permitted under the copyright laws of the UK, no other copying, distribution, redistribution, transmission, publication or use, other than the non-commercial use of the Content as permitted by these Terms of Use, is permitted by you without the express prior written permission of Comvergent Limited, which permission may be withheld in Comvergent Limited's sole discretion.
In addition, the Content may not be used to solicit or contact sellers or buyers without the prior written consent of Comvergent Limited.
Comvergent Limited Makes No Representations or Warranties Regarding Content
The Content is being provided to you on an “as-is” basis. Comvergent Limited does not make any representations, warranties or guarantees, express or implied, regarding the accuracy, correctness, or completeness of the Content, nor the safety, reliability, title, merchantability, conformity or fitness for a particular purpose of the Content. It is your sole responsibility to independently evaluate the accuracy, correctness or completeness of the Content on www.evaro.co.uk.
Comvergent Limited makes no representation, warranty or guarantee that the Content that may be available for downloading from www.evaro.co.uk is free of infection from any viruses, worms, Trojan horses, trap doors, back doors, easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
Your Responsibility for Equipment and Related Costs
You are responsible for obtaining and maintaining all telephone, computer hardware, Internet access services and other equipment or services needed to access and use www.evaro.co.uk, and all costs and fees associated with Internet access or long distance charges incurred with regard to your access and use of www.evaro.co.uk.
Limitations on Liability; Disclaimer
BY USING THIS SITE, YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SITE AND THE INTERNET GENERALLY. THE CONTENT IS PROVIDED "AS IS," WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, AND FREEDOM FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS.
COMVERGENT LIMITED SHALL IN NO EVENT BE RESPONSIBLE TO, OR LIABLE TO, YOU, OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES FOR ANY LOSS OF PROFIT, REVENUE OR BUSINESS, AS A DIRECT OR INDIRECT RESULT OF: (I) YOUR BREACH OR VIOLATION OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE; (II) YOUR ACCESS AND USE OF www.evaro.co.uk; (III) YOUR INABILITY TO ACCESS OR USE www.evaro.co.uk FOR ANY REASON; (IV) YOUR DOWNLOADING OF ANY OF THE CONTENT FOR YOUR USE; OR (V) YOUR RELIANCE UPON OR USE OF THE CONTENT.
Your Indemnification of Comvergent Limited
You shall defend, indemnify and hold harmless Comvergent Limited and its officers, directors, shareholders, employees, independent contractors, agents, representatives and affiliates from and against all claims and expenses, including, but not limited to, attorneys’ fees, arising out of, or attributable to: (i) any breach or violation of these Terms of Use by you; (ii) your failure to provide accurate, complete and current personal information requested pursuant to registration, if required; (iii) your access or use of www.evaro.co.uk; and/or (iv) access or use of www.evaro.co.uk under any email address, username or password that may be issued to you.
Third Party Rights Under these Terms of Use
These Terms of Use is for the benefit of Comvergent Limited and its affiliates, each of which shall have the right to enforce and assert the terms and conditions of these Terms of Use directly against you on behalf of Comvergent Limited.
Comvergent's Remedies
You acknowledge that Comvergent Limited may be irreparably damaged if these Terms of Use are not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of these Terms of Use by you, Comvergent Limited shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of these Terms of Use.
For purposes of this Section only, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the courts of England and Wales. You consent to the jurisdiction of such court and waive any objection to the laying of the venue of any such action or proceeding in such court. You agree that service of any court paper may be effected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.
Termination of these Terms of Use
You may terminate or opt out of these Terms of Use at any time by contacting Comvergent Limited at enquiries@comvergent.co.uk. Termination or opting out of these Terms of Use by you shall result in your loss of the right to access and use www.evaro.co.uk.
Comvergent Limited may terminate these Terms of Use or any email addresses, usernames or passwords that may be issued to you, at any time, without prior notice, for any reason, or for no reason, which shall not be required to be disclosed to you.
Changes to these Terms of Use
Comvergent Limited may amend or revise these terms and conditions at any time. By using this site, you agree to be bound by these Terms of Use as in effect from time to time. Please review these terms and conditions regularly. Your continued access and use of www.evaro.co.uk following the posting of any such changes shall automatically be deemed your acceptance of the same.
You are encouraged to revisit these Terms of Use from time to time in order to review any changes that have been made. Your continued access and use of www.evaro.co.uk following the posting of any such changes shall indicate your acceptance of the same.
Questions, Comments & Complaints
Comvergent Limited encourages you to provide Comvergent Limited with feedback regarding this Terms of Use Policy. If you have questions, comments or concerns regarding this Terms of Use Policy, please contact enquiries@comvergent.co.uk.
Governing Law; Jurisdiction and Venue
These Terms of Use are to be governed and construed in accordance with the laws of the England and Wales, without regard for principles of conflicts of laws. In no event shall either you or Comvergent Limited be entitled to punitive damages and both you and Comvergent Limited hereby waive your and Comvergent Limited's respective rights to any punitive, special, indirect or consequential damages, including, but not limited to, damages for any loss of profit, revenue or business.
Miscellaneous
If any portion of these Terms of Use is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, these Terms of Use as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of these Terms of Use that is unlawful, void or unenforceable shall be stricken from these Terms of Use.
The headings contained in these Terms of Use are for convenience of reference only, are not to be considered a part of these Terms of Use, and shall not limit or otherwise affect in any way the meaning or interpretation of these Terms of Use.
All covenants, agreements, representations and warranties made in these Terms of Use, as may be amended by Comvergent Limited from time to time, shall survive your acceptance of these Terms of Use and the termination of these Terms of Use.
These Terms of Use represent the entire understanding and agreement between you and Comvergent Limited regarding the subject matter of these Terms of Use, and supersede all other previous agreements, understandings and/or representations regarding the same.
