Equi-Cal terms and conditions
Equi-Cal Terms of Service and Registration
These terms relate to the services supplied to you through the Dodson & Horrell Limited Equi-Cal Website (the “Service(s)”) and should be read in conjunction with the General Terms & Conditions which shall also apply
1. Your relationship with Dodson & Horrell
1.1 Your use of the Dodson & Horrell Equi-Cal Service and web site (referred to collectively as the "Services" in this document is subject to the terms of a legal agreement between you and Dodson & Horrell. "Dodson & Horrell" means Dodson & Horrell Limited whose principal place of business is at Kettering Road, Islip, Kettering, Northants, NN14 3JW
1.2 Your agreement with Dodson & Horrell is covered by the terms and conditions set out in this document. These terms form a legally binding agreement between you and Dodson & Horrell in relation to your use of our Services. It is important that you take the time to read this document carefully. Collectively, this legal agreement is referred to below as the "Terms".
2. Accepting the Terms
2.1 In order to become a registered user of the Dodson & Horrell Equi-Cal Website (a “Registered User”, “You”) and use the Services, you must be using Dodson & Horrell products and agree to the Terms. You may not use the Services if you do not accept the Terms.
2.2 You can accept the Terms by clicking to accept or agree to the Terms, where this option is made available to you by Dodson & Horrell in the registration area
2.3 You may not use the Services and may not accept the Terms if (a) you are under the age of 18, or (b) you are a person barred from receiving the Services under the laws of the United Kingdom or other countries including the country in which you are resident or from which you use the Services, (c) you are not using Dodson & Horrell products.
2.4 Before you continue, you should print off or save a local copy of this document for your records.
3. Provision of Services by Dodson & Horrell
3.1 Dodson & Horrell has affiliated legal entities around the world ("Affiliates"). Sometimes, these companies may be providing the Services to you on behalf of Dodson &Horrell itself. You acknowledge and agree that Affiliates will be entitled to provide the Services to you.
3.2 Dodson & Horrell is constantly working to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Dodson & Horrell provides may change from time to time without prior notice to you.
3.3 As part of this ongoing development, you acknowledge and agree that Dodson & Horrell may temporarily stop providing the Services (or any features within the Services) to you or to users generally at Dodson & Horrell’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Dodson & Horrell when you stop using the Services.
3.4 You acknowledge and agree that if Dodson & Horrell disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
4. Use of the Services by you
4.1 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Dodson & Horrell will always be accurate, correct and up to date.
4.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United Kingdom or other relevant countries).
4.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Dodson & Horrell,.
4.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
4.5 Unless you have been specifically permitted to do so in a separate agreement with Dodson & Horrell, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
4.6 You agree that you are solely responsible for (and that Dodson & Horrell has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Dodson & Horrell may suffer) of any such breach.
4.7 By becoming a registered user to any of our Services you acknowledge and agree that all materials received are for your personal use only. You agree not to transfer the information provided by Dodson & Horrell. Dodson & Horrell may at any time, without prior notice and at our sole discretion, terminate the user registration if it appears that you are passing on any information to third parties.
4.8 By becoming a Registered User, you agree that the information is for informational purposes only, and the information is used at your own risk. By using any information from our Service, you assume full responsibility for any and all gains and losses, financial, emotional or otherwise experienced, suffered or incurred by you.
4.9 You acknowledge and agree that you must: (a) provide for your own access to the World Wide Web and pay any service fees associated with such access, and (b) provide all equipment necessary for you to make such connection to the World Wide Web, including a computer, software, a modem and a working telephone line.
5. Passwords and account security
5.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
5.2 Accordingly, you agree that you will be solely responsible to Dodson & Horrell for all activities that occur under your account.
5.3 If you become aware of any unauthorised use of your password or of your account, you agree to notify Dodson & Horrell immediately at enquiries@dodsonandhorrell.com
6. Privacy and your personal information
6.1 For information about Dodson & Horrell data protection practices, please read the privacy policy at www.dodsonandhorrell.com/index.php This policy explains how Dodson & Horrell treats your personal information, and protects your privacy, when you use the Services.
6.2 You agree to the use of your data in accordance with the Dodson & Horrell privacy policies.
7. Content in the Services
7.1 Dodson & Horrell reserves the right to change the contents of any information on its Website, including but not limited to revising and/or deleting any and/or all information without prior notice to you. Dodson & Horrell assumes no responsibility for content, availability or otherwise when accessing third party websites from Dodson & Horrell Website links
7.2 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the "Content".
7.3 You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to Dodson & Horrell (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Dodson & Horrell or by the owners of that Content, in a separate agreement.
8. Proprietary rights
8.1 You acknowledge and agree that Dodson & Horrell (or Dodson & Horrell’s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Dodson & Horrell and that you shall not disclose such information without Dodson & Horrell's prior written consent.
8.2 Unless you have agreed otherwise in writing with Dodson & Horrell, nothing in the Terms gives you a right to use any Dodson & Horrell trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
8.3 If you have been given an explicit right to use any of these brand features in a separate written agreement with Dodson & Horrell, then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions of the Terms, and Dodson & Horrell brand feature use guidelines as updated from time to time.
8.4 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
8.5 Unless you have been expressly authorised to do so in writing by Dodson & Horrell, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organisation in a way that is likely or intended to cause confusion about the owner or authorised user of such marks, names or logos.
9. Ending your relationship with Dodson & Horrell
9.1 The Terms will continue to apply until terminated by either you or Dodson & Horrell as set out below.
9.2 Right of Cancellation - . You have the right to cancel your user registration and may do so by (a) notifying Dodson & Horrell via email (enquiries@dodsonandhorrell.com) or in writing to Dodson & Horrell’s address which is set out at the beginning of these Terms, If Dodson & Horrell does not respond to the Member’s request for cancellation within 48 hours, it is the responsibility of the Registered User to contact Dodson & Horrell and re-request cancellation of the user registration.
9.3 Dodson & Horrell may at any time, terminate its legal agreement with you if:
(A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
(B) Dodson & Horrell is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
9.4 Nothing in this Section shall affect Dodson & Horrell’ rights regarding provision of Services under Section 3 of the Terms.]
10. Exclusion of Warranties
10.1 The Services are provided "as is" and Dodson & Horrell, its Affiliates, and its licensors give you no warranty with respect to them.
10.2 In particular Dodson & Horrell, do not represent or warrant to you that:
(A) your use of the Services will meet your requirements,
(B) your use of the Services will be uninterrupted, timely, secure or free from error, and Dodson & Horrell can not be responsible for timely delivery of email subscriptions nor errors in email transmission to Registered Users
(C) any information obtained by you as a result of your use of the Services will be accurate or reliable
10.3 You acknowledge that information provided by Dodson & Horrel is for general interest only and does not constitute specific advice. It is the Registered User’s responsibility to verify any information that may be obtained via the Service with independent authorities before acting on it.
10.4 Dodson & Horrell makes no warranty as to the accuracy or completeness of any links provided by the Service or any details on the pages linked to and has no obligation to monitor or links from our Website. Dodson & Horrell makes no guarantee, and the Registered User acknowledges, that: not every link may work; not every link may link to details as described
10.5 Nothing in the Terms shall affect those statutory rights which you are always entitled to as a consumer and that you cannot contractually agree to alter or waive.
11. Limitation of Liability
11.1 Nothing in these Terms shall exclude or limit Dodson & Horrell liability for losses which may not be lawfully excluded or limited by applicable law.
11.2 Subject to overall provision in paragraph [11.1] above, Dodson & Horrell, its Affiliates, and its licensors shall not be liable to you for:
(A) any indirect or consequential losses which may be incurred by you. This shall include any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, or any loss of data suffered by you;
(B) any loss or damage which may be incurred by you as a result of:
(i) any reliance placed by you on the completeness, accuracy of any information provided by Dodson & Horrell;
(ii) any changes which Dodson & Horrell may make to the Services, or for any temporary cessation in the provision of the Services (or any features within the Services);
(iii) your failure to provide Dodson & Horrell with accurate account information;
(iv) your failure to keep your password or account details secure and confidential;
11.3 The limitations on Dodson & Horrell’s liability to you in paragraph [11.2] above shall apply whether or not Dodson & Horrell has been advised of or should have been aware of the possibility of any such losses arising.
12. Copyright and trade mark policies
12.1 It is Dodson & Horrell’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law
13. Changes to the Terms
13.1 Dodson & Horrell may make changes to the terms of service from time to time. When these changes are made, Dodson & Horrell will make a new copy of the Terms available at www.dodsonandhorrell.com/terms-conditions.html and any new terms will be made available to you from within, or through, the affected Services.
13.2 You understand and agree that if you use the Services after the date on which the Terms have changed, Dodson & Horrell will treat your use as acceptance of the updated Terms.
14. Language of the Terms
14.1 Where Dodson & Horrell has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with Dodson & Horrell.
14.2 If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence
15. General legal terms
15.1 Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
15.2 The Terms constitute the whole legal agreement between you and Dodson & Horrell with regard to your use of the Services (but excluding any services which Dodson & Horrell may provide to you under a separate written agreement), and completely replace any prior agreements between you and Dodson & Horrell in relation to the Services.
15.3 You agree that Dodson & Horrell may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
15.4 You agree that if Dodson & Horrell does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Dodson & Horrell has the benefit of under any applicable law), this will not be taken to be a formal waiver of Dodson & Horrell’s rights and that those rights or remedies will still be available to Dodson & Horrell.
15.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
15.6 The Terms, and your relationship with Dodson & Horrell under the Terms, shall be governed by English law. You and Dodson & Horrell agree to submit to the exclusive jurisdiction of the courts of England to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Dodson & Horrell shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
The administrator for Dodson & Horrell can be contacted via: email: enquiries@dodsonandhorrell.com; tel: 01832 737300; or postal address: Dodson & Horrell Ltd, Kettering Road, Islip, Kettering, Northants, NN14 3JW.
Dodson & Horrell Limited is registered in England with the Company Registration number 2098720
The registered office is
Dodson & Horrell Ltd.
Kettering Road
Islip
Kettering
Northamptonshire
NN14 3JW
