Terms of Use/Data Protection Policy

By accessing the website essandabusiness.com the user accepts the Terms of Use set out herein. Throughout these Terms of Use the term “Essandabusiness.com” refers to Essanda Ltd.

Essanda Ltd is registered in the UK. Registration number 8259208

Please read this agreement carefully before accessing or using this web site. By accessing or using the Site, you agree to be bound by this Agreement. Essandabusiness.com, its consultants, authors and suppliers provide the information and services on this Site to you, the User, conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your use of this Site constitutes your agreement to all such terms, conditions and notices. The information and Services offered on this Site are provided with the understanding that neither Essandabusiness.com nor its suppliers are engaged in rendering legal or other professional Services or Advice. Your use of the Site is subject to the additional disclaimers and caveats that may appear throughout the Site. Essandabusiness.com, its consultants, authors and its agents assume no responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the information, Services or other materials on this Site. While Essandabusiness.com strives to keep the information on this Site accurate, complete and up-to-date, Essandabusiness.com and its suppliers cannot guarantee, and will not be responsible for any damage or loss related to, the accuracy, completeness or timeliness of the information.

PERSONAL AND NON-COMMERCIAL USE LIMITATION: 

PROHIBITED USES

You may access, download and print materials on this Site for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, use on any other web site, transfer or sell any information, software, lists of Users, databases or other lists, products or Services obtained from this Site. The foregoing prohibition expressly includes, but is not limited to, the practices of “screen scraping” or “database scraping” to obtain lists of Users or other information. If and when requested by Essandabusiness.com, you agree to provide true, accurate and complete User information and to refrain from impersonating or falsely representing your affiliation with any person or entity. Except with the prior written permission of Essandabusiness.com, you agree to refrain from accessing or attempting to access password protected, secure or non-public areas of this Site. Unauthorized individuals attempting to access prohibited areas of this Site may be subject to prosecution.

PROPRIETARY RIGHTS

All materials on this Site (as well as the organization and layout of the Site) are owned and copyrighted or licensed by Essandabusiness.com, its affiliates or its suppliers.

© Copyright Essandabusiness.com, 2014. All rights reserved. No reproduction, distribution, or transmission of the copyrighted materials on this Site is permitted without the prior written permission of Essandabusiness.com.

TRADEMARKS

Essandabusiness.com and other Essandabusiness.com logos, product and service names are trademarks owned by/licensed to Essandabusiness.com, or its affiliates. Without the prior written permission of Essandabusiness.com, or its appropriate affiliates, you agree not to display any trademarks or use them in any manner.

All other trademarks are the property of their respective owners.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of this Site, you warrant to Essandabusiness.com that you will not use this Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Essandabusiness.com Site/Services in any manner, which could damage, disable, overburden, or impair any Essandabusiness.com Site/ Services (or the network(s) connected to any Essandabusiness.com Site/Service(s)) or interfere with any other party’s use and enjoyment of any Essandabusiness.com Site/Service(s). You may not attempt to gain unauthorized access to any Essandabusiness.com Site/Services, other accounts, computer systems or networks connected to any Essandabusiness.com Site/Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Essandabusiness.com Site/Services. If you violate any of these terms, your permission to use the Site automatically terminates and you may be subjected to criminal and civil liability.

ELIGIBILITY

You warrant that you are at least eighteen (18) years of age and possess the legal authority to enter into this agreement and to buy items and use any other Services offered on this Site in accordance with all terms and conditions herein. If you are buying goods or using the Services, you further warrant that you have legal authority to enter into other binding agreements for the purchase of goods or you agree to be financially responsible for all of your use of the Services (as well as for use of your account by others, including without limitation minors living with you). You agree and undertake to supervise and be responsible for all usage of minors of the Services under your name or account. You also warrant that all information supplied by you or members of your household in using the Services, including without limitation your name, email address, street address, telephone number, credit card number is correct and accurate. Failure to provide accurate information may subject you to civil and criminal penalties.

MEMBER ACCOUNT, PASSWORD AND SECURITY

If a particular Essandabusiness.com Site/Service requires the User to open an account, the User must complete the registration process by providing current, complete and accurate information as prompted by the applicable registration form. The User is entirely responsible for maintaining the confidentiality and secrecy of his/her password and account. Furthermore, the User is entirely responsible for any and all activities that occur under his/her account. The User agrees to notify Essandabusiness.com immediately of any unauthorized use of the account or any other breach of security. Essandabusiness.com will not be liable for any loss that the User may incur as a result of someone else using the User’s password or account, either with or without User’s knowledge. However, the User shall be held liable for losses incurred by Essandabusiness.com or another party due to someone else using the User’s account or password. The User may not use anyone else’s account at any time, without the prior written permission of the account holder.

LIABILITY FOR VIRUSES, DAMAGE AND AVAILABILITY

Essandabusiness.com  disclaims, without limitation, all liability for any loss of profits and for any direct, indirect, special, consequential or punitive damages, costs, losses or liabilities whatsoever arising out of the access to and use of (including inability to use) the Website. The information published on the Website is subject to change without notice and Essandabusiness.com makes no representation (neither express nor implied) that the information is accurate, up to date or complete. In particular, Essandabusiness.com shall have no responsibility to update, revise or remove any outdated information from the Website or to mark it as being outdated.

Changes are periodically made and added to Essandabusiness.com website and to the information herein. Essandabusiness.com, its affiliates and/or its respective suppliers may make improvements and/or changes in this site at any time. All information, products, and services are provided “as is” without warranty of any kind. In no event shall Essandabusiness.com, its affiliates and/or its suppliers be liable for any direct, indirect, punitive, incidental, special or consequential damages including but not limited to loss of use, revenue or profit arising out of or in any way connected with the use of this site or with the delay or inability to use this site, or for any information, products and services obtained through this site, or otherwise arising out of the use of this site, whether based on contract, tort, negligence, strict liability or otherwise, even if Essandabusiness.com, its affiliates or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Essandabusiness.com site/ services or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Essandabusiness.com site/services.

The Essandabusiness.com web site contains facts, views, opinions, statements and recommendations of users of the Essandabusiness.com web site, advertisers, third party information providers and organizations. The Essandabusiness.com web site does not represent or endorse the accuracy, completeness or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the web site. You acknowledge that any reliance upon any such opinion, advice, statement or information shall be at your sole risk.

Essandabusiness.com makes no warranty or representation whatsoever regarding the web site or any content, advertising, services or products provided through or in connection with the web site. You acknowledge that any use of such content, advertising, services or products provided through or on the Essandabusiness.com web site shall be at your sole risk. Essandabusiness.com expressly states that Essandabusiness.com shall not be responsible or held liable for any content, advertising, services or products provided through or in connection with the web site.

Essandabusiness.com expressly disclaims any and all warranties, express or implied, including, without limitation:

(a) Any warranties as to the availability, accuracy, completeness or content of information, products or services which are part of the Essandabusiness.com web site; and

(b) Warranties or fitness for a particular purpose, or merchantability or workman effort or title or against infringement. In no event will Essandabusiness.com, its affiliates, licensors, employees, agents or contractors, be liable to you for any damages or losses, including without limitation indirect, consequential, special, incidental or punitive damages resulting from or caused by the Essandabusiness.com web site, its public posting bulletin boards, its content or any errors or omissions in its content, even if advised of the possibility of such damages.

The products and services offered on Essandabusiness.com are not to be understood as a substitute for the accurate and appropriate medical or psychological assessment, diagnosis or treatment prescribed in a one-on-one relationship with a physician or mental health professional. Essandabusiness.com does not dispense medical or psychological treatment or prescribe the use of any technique as a form of treatment for physical, emotional or medical problems as an alternative to the advice of a physician or mental health professional. If you have, or feel you have, a mental, emotional or physical illness, or if your situation could be serious or life threatening, you should contact a physician or mental health provider immediately.

(c) Any service will be uninterrupted, timely, secure or error-free.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Essandabusiness.com, its owners, subsidiaries, affiliates and suppliers, officers and employees from any liability, loss, claim, demand, damage and expense (including attorneys’ reasonable fees) related to your violation of this Agreement.

DISCLOSURE

Essandabusiness.com reserves the right to disclose any personal information about you or your use of the Essandabusiness.com Site/Services, including its contents, without your prior permission if Essandabusiness.com has a good faith belief that such action is necessary to:

  • Conform to legal requirements or comply with legal process;
  • Protect and defend the rights or property of Essandabusiness.com or its affiliated companies;
  • Enforce the terms or use; or
  • Act to protect the interests of its members or others.

Essandabusiness.com performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Essandabusiness.com’s right to comply with government, court and law enforcement requests or requirements relating to your use of the Essandabusiness.com Site/Services or information provided to or gathered by Essandabusiness.com with respect to such use. Essandabusiness.com has the right in its sole discretion to edit, refuse to post or to remove any information or materials, in whole or in part.

USE OF SERVICES:

The Essandabusiness.com Site/Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (collectively, “Communication Services”). Essandabusiness.com has no obligation to monitor the Communication Services. However, Essandabusiness.com reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Essandabusiness.com reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.

CAVEAT

Essandabusiness.com undertakes no obligations for confidentiality of information provided by you and you would do so entirely at your sole risk. Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Essandabusiness.com does not control or endorse the content, messages or information found in any Communication Service and, therefore, Essandabusiness.com specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Essandabusiness.com spokespersons, and their views do not necessarily reflect those of Essandabusiness.com.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination, you are responsible for adhering to such limitations if you download the materials.

PRIOR PERMISSION OF Essandabusiness.com

Permission to use any documents (such as articles and other text) and related graphics (such as images, photographs, maps, charts, and illustrations) available from Essandabusiness.com is granted, provided that (1) the proper credit and Essandabusiness.com copyright notice appears on all copies; (2) use of the documents and graphics available from this Web Site is for informational and non-commercial or personal use only; and (3) no documents or graphics, including logos, available from Essandabusiness.com are modified in any way. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

LINKS TO THIRD PARTY SITES

This Site may contain hyperlinks to web sites operated by parties other than Essandabusiness.com, or its affiliates. Such hyperlinks are provided for your reference only. Essandabusiness.com does not control such web sites, and is not responsible for their contents, including without limitation any link contained in the hyperlinks or any changes or updates of hyperlinks. Inclusion of hyperlinks by Essandabusiness.com to such web sites does not imply any endorsement of the material on such web sites or any association with their operators, and you access and use such sites, including information, material, products and Services therein, solely at your own risk. Essandabusiness.com shall not be responsible for web casting or any other form of transmission received from any hyperlink nor is Essandabusiness.com responsible, if the hyperlink is not working appropriately.

Furthermore, because the privacy policy you just read is applicable only when you are on our Site, once linked to another web site, you should read that site’s privacy policy before disclosing any personal information.

Essandabusiness.com shall not be responsible for any dealings with third parties (including advertisers) included within the Essandabusiness.com Site/Services or participation in promotions, including the delivery of and the payment for goods and Services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, as these dealings are solely between the User and the advertiser or other third party.

CHANGES TO SITE

Essandabusiness.com, its affiliates consultants, authors and/or its suppliers reserves the rights to make improvements or changes in the information, services, products, and other materials on this Site including but not limited to charges associated with the use of Site, or terminate this Site, at any time without notice. Essandabusiness.com may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement. Accordingly, you agree to review the Agreement periodically, and your continued access or use of this Site shall be deemed your acceptance of the modified Agreement.

GENERAL TERMS AND CONDITIONS:

  • Essandabusiness.com shall provide the Services/Merchandise only after the receipt of 100% payment in advance.
  • After receipt of advance payment, if any of the services offered by Essandabusiness.com could not be undertaken for reasons not attributable to the User, the advance payment would be refunded to the User subject to any law which may govern such transfer of money. No refund will be permissible if the Services contracted could not be conducted for reasons attributable to the User.
  • Any liability on Essandabusiness.com on any account shall be restricted to the value of the service/product in question. Essandabusiness.com shall not be responsible for any loss/claim/damage whatsoever beyond this value.
  • Prices quoted in any International Currency are indicative only. However, due to exchange rate fluctuations, the actual price payable by the User may vary from the indicated price. Users are requested to note that this is a requirement of the credit card processing companies, and Essandabusiness.com does not have much control over this matter.
  • Essandabusiness.com reserves the right to revise the prices at any time at its sole discretion without any notice. However, the User would be liable to pay only at the prices prevailing at the time of acceptance of his order by Essandabusiness.com.
  • These General Terms and Conditions would be in addition to any other Special Terms and Conditions which may be specified by Essandabusiness.com for any particular service(s).
  • These General Terms and Conditions would be valid for all transactions with Essandabusiness.com done through this portal unless specified otherwise for any particular transaction(s).
  • In the event that any General Terms and Conditions contained herein are in conflict with the Special Terms and Conditions or other terms and conditions contained with any particular Essandabusiness.com Site, then these terms shall prevail.

GOVERNING LAW

The laws of England and Wales shall govern your use of the site and you hereby agree to submit to the exclusive jurisdiction of the English courts.

NO AGENCY

This Agreement shall not constitute any party as the legal representative or agent of any other, nor shall any party have the right or authority to assume, create or incur any liability or obligation, express or implied, against, in the name of, or on behalf of another party. Except as may be expressly set forth herein, this Agreement is not intended to create and shall not be construed to create a relationship or partnership, joint venture or association between the parties.

PARTIAL INVALIDITY

If any provision of this Agreement or the application thereof to any person or circumstance is or becomes invalid or unenforceable to any extent, the remainder of this Agreement and the application of such provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. Any invalid or unenforceable provision of this Agreement shall be replaced with a provision, which is valid and enforceable and most nearly gives effect to the original intent of unenforceable provision.

TERMS OF SALE

When you place an order to buy something from Essandabusiness.com you are making an offer to purchase the goods/vouchers that you have selected on the following terms.

  • To make a purchase on Essandabusiness.com you must first register with the Site and create a user account.
  • All vouchers printed from Essandabusiness.com are subject to the Terms of Sale of Essandabusiness.com and the participating merchant(s).
  • Any customer loyalty credit programs are subject to the Terms of Sale of Essandabusiness.com and to any additional terms applicable to the credit.
  • Essandabusiness.com is not the supplier of the goods and/or services. They are supplied by the merchant(s), upon whose behalf we provide the goods/vouchers to you, and the merchant is responsible for redeeming the goods/vouchers you have purchased.
  • Essandabusiness.com is not responsible for any injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by a participating merchant. Essandabusiness.com is not responsible for any lost or stolen goods/items. Essandabusiness.com is not liable for any unclaimed property liability arising from unredeemed vouchers.
  • Any vouchers purchased have no cash surrender value. Unless required by law, the vouchers cannot be redeemed for cash or applied as payment to any account. The vouchers cannot be combined with any other vouchers, certificates, discounts, or promotions unless otherwise specified by the merchant.
  • Essandabusiness.com. values your feedback and comments. If you are not happy with your purchase, please let us know why and our customer service team will work with you to try and resolve the situation. Each issue will be investigated and handled on the case by case basis to determine the best resolution.