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Terms & Conditions
Terms & Conditions of Use 1. Acceptance Of Terms 1.1 The wex forums ('the Forums') and any Services referred to in Clause 2 ('the Services') are operated by Warehouse Express Limited ('wex', 'we', 'us'). The following are terms of a legal agreement between you and wex. You are requested to read these terms of use before using the Forums and/or the Services only if you acknowledge that you have read, understood, and agree with these terms of use. If you do not agree to these terms of this terms of use, you should leave the Forums and discontinue use of the Services immediately. 1.2 We have no obligation to monitor the Forums but reserve the right to edit or delete messages that we believe contravene these Terms & Conditions or in our reasonable opinion are otherwise objectionable. 2. The Services The Forum may provide communication tools such as email, bulletin boards, chat areas, news groups, forums and/or other message or communication facilities designed to enable you to communicate with others. 3. Privacy Policy 3.1 We are committed to responsible data management and comply with the Data Protection Principals of the Data Protection Act 1998. We are committed to maintaining the privacy of our users and maintaining the security of any personal information received from you. Personal information provided by you, is not available for sale or use by third parties, without your permission. We may however share non-personal aggregate statistics (group) data about users of the Forum. 3.2 We will send you our catalogue(s) and offers by post and email, should you wish to unsubscribe from any of these services, please contact us immediately on sales@wex.co.uk, or by telephone (01603 486413). 3.3 We use a technology called "cookies" as part of our normal business procedure to track patterns of behaviour of visitors to the Forum and the website. A cookie is an element of data that the Forum sends to your browser that is then stored on your system. You can set your browser to prevent this happening. Any information collected in this way can be used to identify you unless you change your browser settings. If you do change your browser settings for cookies, you may experience problems with purchasing and /or lose some features on the site. 4. User Account, Password and Security 4.1 If a particular Service requires you to open an account, you will be required to complete the registration process by providing certain information and registering a username and password for use with that Service. You are responsible for maintaining the confidentiality of the username and password and also for all activities which take place under your account. You agree to immediately notify us of any unauthorised use of your password or account or any other breach of security. 4.2 In no event will wex be liable for any indirect or consequential loss or damage whatsoever resulting from the disclosure of your username and/or password. You may not use another person's account or post as someone else, or on behalf of someone else at any time. 5. Intellectual Property Rights 5.1 All text, software (including source code and object code), visual and other material, information and all other content included in the Forums (collectively, the "Content") are protected by copyright, trade marks and other intellectual property rights and laws throughout the world, or by relevant international treaties and/or other applicable laws. 5.2 wex does not claim ownership of any materials you post, upload or submit to any Forum or publicly accessible area of the Services ('User Content'). However, by doing so you are granting us a world-wide, royalty free, non-exclusive licence to copy, distribute, transmit, reproduce, publicly display, edit, translate or publish such User Content at any time, without notification. 6. Licence 6.1 wex prohibits the use (including without limitation, duplicating, altering, modifying, posting, transcribing, transmitting, selling, publishing and reciting) of the Content, without prior permission in writing from wex. 6.2 You undertake not to alter or remove any trademark, copyright or other proprietary notices. You further undertake not to: 6.2.1 resell or otherwise commercially use any of the Content; 6.2.2 collection nor use of any product listings or descriptions; 6.2.3 make derivative uses of the Forums and their contents; 6.2.4 use any data mining, robots, or similar data gathering and extraction methods, 6.3 Any unauthorized use of the Forums and/or the Services will automatically terminate the permission or license granted and may violate applicable law including copyright laws, trademark laws and communications regulations and statutes. 7. Use of the Forums and Services 7.1 You confirm that any information that you provide to wex is complete and up to date. 7.2 You agree that you shall not use the Forums and/or the Services to: 7.2.1 upload, post, email or otherwise transmit or receive any obscene, defamatory, offensive, harassing, threatening, racist, or blasphemous material or any material which may, in wex judgement, cause annoyance, inconvenience or anxiety to any person; 7.2.2 upload, post, email or otherwise transmit or receive any material which breaches a third party's copyright or other intellectual property rights or any other material which you do not have the right to transmit under any law or under any contractual or other duty; 7.2.3 upload, post, email or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or other forms of solicitation or advertisement commercial or otherwise, regardless of content except in those areas (such as shopping forums) that are designated for such purpose; 7.2.4 upload, post, email or otherwise knowingly or recklessly transmit or distribute any material which contains software viruses or any computer code, files or programs designed to interrupt, damage or destroy or limit the functionality of any computer software, hardware or telecommunications equipment; 7.2.5 collect or store personal information about others, including email addresses; 7.2.6 advertise or offer to buy or sell goods or services for any commercial purpose, unless such communication facility specifically allows such messages and wex shall have the right (but not the obligation) in its sole discretion to delete, edit, lock, move or remove any content without notice that contains (in the opinion of wex) unjustified, negative or derogatory comments about wex, the recommendation of competitors, advertising, or direct links to third party websites. 7.3 You should not use the the Forums and/or the Services for any commercial purpose. For the avoidance of doubt, reviewing a product that promotes your own or your employer's business or hinders a competitors business shall be deemed to be a commercial purpose. In the event that wex discovers that you have acted in contravention of this clause it reserves the right to publish a statement on any or all of the Forums detailing your actions. 7.4 You agree not to use the Forums and/or the Services in such a way that all or any of them becomes interrupted, damaged or rendered less efficient or in any way impaired. 7.5 wex takes no responsibility and assumes no liability for any content posted or uploaded by you or any third party, or for any mistakes, defamation, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, if any, wex is only a forum and is not liable for any reviews, statements, representations, or content provided by its users. 7.6 wex reserves the right and has absolute discretion, to remove, screen or edit any content and materials which you post on any of the Forums. 7.7 You shall remain solely liable for the content of any messages or other information or materials you upload or transmit to this site, including the discussion forums or interactive areas of the site. You agree to indemnify and hold harmless wex from any claim, action, demand, loss, damages, or costs (including legal fees) made or incurred by any third party arising out of or relating to your conduct, your violation of these Terms of Use, or your violation of any rights of a third party. 8. Termination We have the right to terminate your access to any or all of the Forums and/or any or all of the Services at any time, without notice, for any reason, including without limitation, breach of these Terms of Use. We may also at any time, at our sole discretion, discontinue the provision of any or all of the Forums and/or any or all of the Services without prior notice and you agree that we shall not be liable to you or any third party for any termination of your access to any or all of the Forums and/or any or all of the Services. 9. Links To Third Party Forums The Forum and/or the Services may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that wex is not responsible for the content or availability of any such websites. 10. International Use You agree to comply with all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside (if different) and with all local laws and rules regarding acceptable use of and conduct on the Internet. 11. Variation wex reserves the right to change or modify any of these Terms of Use or any policy or guideline of the site, at any time and in its sole discretion. Any changes or modification will be effective upon posting of the revisions and notice of such changes to the site. Your continued use of the Forums and/or the Services following the posting of any changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review the Terms of Use and applicable policies from time-to-time so as to understand the terms and conditions. 12. Indemnity You agree to indemnify and hold wex harmless from and against any breach by you of these Terms of Use and any claim or demand brought against wex by any third party arising out of your use of the Services and/or any Content submitted, posted or transmitted through the Services, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by wex in consequence of your breach of these Terms of Use . 13. Availability 13.1 The Forums and/or the Services are provided on an "AS IS" and does not guarantee that the Forums and/or the Services will be available or suitable for your purposes and requirements. wex does not guarantee the accuracy nor completeness of any information contained on any Forum nor that this website will be error free. wex provides no warranties, express or implied, including without limitation warranties of satisfactory quality, fitness for purpose, title, non-infringement and skill and care. 14. Liability 14.1 To the extent permitted by law, wex will not be liable for any indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Forums and/or the Services. 14.2 wex makes no warranty that the Forum/Services will meet your requirements, that Content will be accurate or reliable, that the functionality of the Forum/Services will be uninterrupted or error free, that defects will be corrected or that the Forum/Services or the server that makes them available are free of viruses or anything else which may be harmful or destructive. 14.3 Nothing in these Terms of Use shall be construed so as to exclude or limit the liability of wex for death or personal injury as a result of the negligence or fraud of wex. 15. Severance If any of these Terms of Use should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term shall be severed and the remaining Terms of Use shall survive and remain in full force and effect and continue to be binding and enforceable. 16. Governing Law These Terms of Use shall be governed by English law and (subject to the below) you agree that the English courts shall have exclusive jurisdiction in relation to any dispute arising out of these Terms of Use. For our exclusive benefit, wex shall retain the right to bring proceedings in the courts of your residence or the country of you principle place of business. © 2011 Warehouse Express Limited. All rights reserved.
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