1. Relevant Organisations, Persons and web site.
MalvernWaters.com directory web site together with The Spas Directory/Osborne.House and inclusive web sites are provided by P Clevett of nbtafelberg and operated by the Spas Research Fellowship and no association with any other organisation or person is implied or intended unless specifically stated. These terms and conditions shall apply to MalvernWaters.com and The Spas Directory and all associated web pages mounted and maintained by the Spas Research Fellowship or the appointed agents of the Spas Research Fellowship.
2. Site Users.
Site Users shall mean both visitors to the site as well as organisations, individuals and venues featured in the Directory. Site Users may utilise certain additional services offered from time to time such as other communications services, merchandising and e-commerce offerings, and various information services.
3 Freedom to make changes.
The Spas Research Fellowship reserves the right to enhance, modify, or discontinue the Services, in whole or in part, at any time, for any reason, or for no reason at all, at the Spas Research Fellowship's sole discretion, with or without notice and without obligation.
4 Authority to Participate.
Site Users represent and warrant that he or she can lawfully bind him or her self to these Terms and Conditions in the jurisdiction where the Site Users are located. No Site Users may participate where doing so would be prohibited by any law or regulation, having the force of law applicable to those Site Users.
5 Information Submitted by Site Users.
Site Users represent and warrant: (i) that all information submitted by Site Users is true, accurate, current, and complete; and (ii) that Site Users shall maintain and update information submitted in registering for the Services in order to keep it true, accurate, current, and complete at all times. If any information that Site Users submit in the registration process is untrue, inaccurate, not current, or incomplete, The Spas Research Fellowship shall have the right to terminate the Site Users' use of the Services. The Spas Research Fellowship also reserves the right to alter or amend any information submitted if there is good cause, this to include spelling errors, grammatical errors and matters that appear incorrect or misleading. The Site User should monitor any such amendments and advise his or her customers if such amendments require clarification. The information submitted by site users and any amendments do not constitute part or all of a contract or implied contract between the site user and their customers.
6 Modification or Amendment.
The Spas Research Fellowship reserves the right to modify or amend these Terms and Conditions unilaterally at any time, for any reason, or for no reason at all, at The Spas Research Fellowship's sole discretion, without prior notice to Site Users. The most recent version of these Terms and Conditions shall be posted on the Spas Research Fellowship Site. It is the Site Users' sole responsibility to keep him or her self appraised of any such modifications or amendments.
7 Site Users Data.
Site Users acknowledge and agree that it is necessary for The Spas Research Fellowship to use the data submitted by Site Users in the Site Users' application and registration forms and/or submitted later by the Site Users during use of the Services (the "Site Users data") in order for The Spas Research Fellowship to provide the Services to Site Users. Site Users hereby grants The Spas Research Fellowship a royalty-free, perpetual, irrevocable, and world-wide license to use, manipulate, collate, organize, create derivative works from, and disclose (whether by sale, license, or otherwise) the Site Users data consistent with these Terms and Conditions and with The Spas Research Fellowship's Confidentiality Policy, for the purpose of providing the Services and for marketing and promotional activities. This provision shall survive termination of these Terms and Conditions.
8 Site Users Conduct
Site Users represent and warrant as follows:
Site Users shall comply with these Terms and Conditions.
Site Users shall comply with all applicable laws and regulations having the force of law, including, without limitation, those laws and regulations pertaining to intellectual property, rights of privacy and publicity, defamation, and obscenity.
Site Users shall not use the Services of the Spas Research Fellowship Site to transmit any communication, message, or content that is fraudulent, misleading, deceptive, harassing, threatening, harmful, libellous, defamatory, abusive, slanderous, hateful, sexually, racially, or ethnically objectionable, vulgar, pornographic, obscene, indecent, or otherwise objectionable or unlawful.
Site Users shall not attempt to gain unauthorized access to The Spas Research Fellowship's database or other computer systems.
Site Users shall not attempt to interfere with any other person's use of the Services.
Site Users shall not misrepresent his or her identity or impersonate any person, including, but not limited to, any employee of The Spas Research Fellowship.
Site Users shall not engage in any activity that constitutes or facilitates "spamming" or the sending of unsolicited messages.
Site Users shall only use the Services for Site Users' personal or business use and shall not use the Spas Research Fellowship Site or the Services for any commercial purpose unrelated to the purpose of the Directory, including any resale, timesharing, sublicensing, or transfer of the Services.
Site Users shall not hold him or her self out as sponsored by, endorsed by, or affiliated with The Spas Research Fellowship.
Site Users shall not attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by The Spas Research Fellowship in connection with the Spas Research Fellowship Site or the Services.
Site Users shall not engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Services or the Spas Research Fellowship Site, including, without limitation, the use of any virus, worm, Trojan horse, time bomb, trap door, denial of service attack, automated repetitive requests for information, or any other device that causes damage to any hardware, software, or equipment used in connection with the Services or the Spas Research Fellowship Site.
All judgments concerning the applicability of these guidelines shall be at the sole and exclusive discretion of The Spas Research Fellowship. The Spas Research Fellowship reserves the right, but does not assume any obligation, to monitor the Services to enforce these guidelines. Nor does The Spas Research Fellowship guarantee that any monitoring it does perform will be to the Site Users' satisfaction. Upon learning of any violation of these Terms and Conditions, The Spas Research Fellowship, at its sole discretion, may (i) require the violating Site Users to remedy such violation or recompense the cost of correcting, investigating and terminating such a violation; (ii) partially or completely block access by such Site Users; (iii) suspend or terminate Site Users' use of the Services; and/or (iv) take any other actions that The Spas Research Fellowship deems appropriate to enforce its rights and pursue all available remedies.
9 INTELLECTUAL PROPERTY
9.1 The Spas Research Fellowship Intellectual Property and Proprietary Rights.
Site Users acknowledge that the Services and the Spas Research Fellowship Site are protected by certain proprietary and intellectual property rights belonging to The Spas Research Fellowship and that Site Users have no right, title, or interest in the Services of the Spas Research Fellowship Site. All copyrights, patents, trademarks, service marks, trade secrets, database rights, and other proprietary rights pertaining to the Services and the Spas Research Fellowship Site are the sole and exclusive property of The Spas Research Fellowship and/or its licensors. This provision shall survive termination of these Terms and Conditions.
9.2 Third Party Intellectual Property and Proprietary Rights.
The Spas Research Fellowship will process, investigate, and respond to any notification of infringement of any third party's intellectual property and proprietary rights in accordance with applicable laws to the best of its reasonable ability. Notifications should contain the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the work claimed to have been infringed, or, if multiple works, at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit The Spas Research Fellowship to locate the material.
Information reasonably sufficient to permit The Spas Research Fellowship to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorised by the owner of the right in question, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
All such notifications should be directed to:
The Spas Research Fellowship
E-mail address: email@example.com
Please put "Notification of Infringement" in the subject matter of any such notification.
10 DISCLAIMERS OF WARRANTIES AND LIMITATION OF LIABILITY
10.1 Disclaimer of Warranties. SITE USERS AGREE THAT USE OF THE SPAS RESEARCH FELLOWSHIP SITE AND THE SERVICES IS ENTIRELY AT SITE USERS'S OWN RISK. THE SPAS RESEARCH FELLOWSHIP SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SPAS RESEARCH FELLOWSHIP DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SPAS RESEARCH FELLOWSHIP SITE AND THE SERVICES.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SPAS RESEARCH FELLOWSHIP DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECIEVED THROUGH OR ADVERTISED ON THE SPAS RESEARCH FELLOWSHIP SITE OR THE SERVICES OR ACCESSED THROUGH ANY LINKS ON THE SPAS RESEARCH FELLOWSHIP SITE.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SPAS RESEARCH FELLOWSHIP DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SPAS RESEARCH FELLOWSHIP SITE OR THE SERVICES.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties. This provision shall survive termination of these Terms and Conditions.
10.2 Limitation of Liability.
UNDER NO CIRCUMSTANCES SHALL THE SPAS RESEARCH FELLOWSHIP BE LIABLE ON ACCOUNT OF SITE USERS'S USE OR MISUSE OF THE SPAS RESEARCH FELLOWSHIP SITE OR THE SERVICES OR RELIANCE ON THE SPAS RESEARCH FELLOWSHIP SITE OR THE SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, AND EXEMPLARY DAMAGES (EVEN IF THE SPAS RESEARCH FELLOWSHIP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SPAS RESEARCH FELLOWSHIP SITE OR THE SERVICES, FROM INABILITY TO USE THE SPAS RESEARCH FELLOWSHIP SITE OR THE SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SPAS RESEARCH FELLOWSHIP SITE OR THE SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SPAS RESEARCH FELLOWSHIP SITE OR THE SERVICES OR ANY LINKS ON THE SPAS RESEARCH FELLOWSHIP SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SPAS RESEARCH FELLOWSHIP SITE OR THE SERVICES OR ANY LINKS ON THE SPAS RESEARCH FELLOWSHIP SITE. SUCH LIMITATION SHALL INCLUDE THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, PERSONAL HEALTH AND WELLBEING, LOST PROFITS, OR LOST DATA. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THESE LIMITATIONS SHALL APPY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdiction, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you. This provision shall survive termination of these Terms and Conditions.
10.3 Disclaimer Regarding International Use.
THE SPAS RESEARCH FELLOWSHIP MAKES NO REPRESENTATION OR WARRANTY THAT THE SPAS RESEARCH FELLOWSHIP SITE OR THE SERVICES WILL BE APPROPRIATE OR AVAILABLE IN ANY LOCATION OUTSIDE THE UNITED KINGDOM, AND ANY ACCESS OF THE SPAS RESEARCH FELLOWSHIP SITE OR THE SERVICES IN JURISDICTIONS WHERE SUCH ACCESS WOULD BE ILLEGAL IS PROHIBITED. ANY INDIVIDUAL WHO ACCESSES THE SPAS RESEARCH FELLOWSHIP SITE OR THE SERVICES IN ANY JURISDICTION OUTSIDE THE UNITED KINGDOM DOES SO ON HIS OR HER OWN INITIATIVE AND ASSUMES ALL RESPONSIBILITY FOR COMPLIANCE, AND ALL RISK OF NONCOMPLIANCE, WITH ALL APPLICABLE LAWS AND REGULATIONS HAVING THE FORCE OF LAW. This provision shall survive termination of these Terms and Conditions.
Site Users agree to indemnify and hold harmless The Spas Research Fellowship and its parent organisations, subsidiary organisations, Fellows, affiliates, successors, assigns, directors, officers, agents, employees, independent contractors, accountants, lawyers, licensors, service providers, and suppliers, for any and all claims and expenses, including legal fees and costs, arising out of or relating to Site Users' use or misuse of the Spas Research Fellowship Site or the Services, including any conduct by Site Users that breaches these Terms and Conditions. This provision shall survive termination of these Terms and Conditions.
12 FORCE MAJEURE
WITHOUT LIMITING THE GENERALITY OF THE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY CONTAINED PREVIOUSLY, UNDER NO CIRCUMSTANCES SHALL THE SPAS RESEARCH FELLOWSHIP BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE UNDER THESE TERMS AND CONDITIONS RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATIONS EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOUR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING. This provision shall survive termination of these Terms and Conditions.
13 LIMITATIONS OF ACTIONS
SITE USERS AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION OF SITE USERS ARISING OUT OF, OR RELATED TO, SITE USERS' USE OF THE SPAS RESEARCH FELLOWSHIP SITE OR THE SERVICES MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE, OR BE FOREVER BARRED. This provision shall survive termination of these Terms and Conditions.
14 RELATIONSHIP OF PARTIES
The Spas Research Fellowship and Site Users are independent contractors under these Terms and Conditions, and nothing herein shall be construed to create a partnership, joint venture, agency, or employment relationship. Neither party pursuant to these Terms and Conditions has authority to enter into agreements of any kind on behalf of the other and neither party shall be considered the agent of the other.
15 NON-WAIVER AND SEPARABILITY
The Spas Research Fellowship's failure to exercise any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If a court of competent jurisdiction holds any provision of these Terms and Conditions to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and agree that the other provisions of these Terms and Conditions shall remain in full force and effect. This provision shall survive termination of these Terms and Conditions.
16 NO RESALE, ASSIGNMENT, OR SUBLICENSING
Site Users agree not to resell, assign, sublicense, otherwise transfer, or delegate his or her rights or obligations under these Terms and Conditions without the prior express written consent of an authorized representative of The Spas Research Fellowship. This provision shall survive termination of these Terms and Conditions.
All headings in these Terms and Conditions are for convenience only and shall have no legal or contractual effect.
18 SUCCESSORS AND ASSIGNS
These Terms and Conditions shall be binding upon the parties hereto and their respective heirs, successors, and assigns. This provision shall survive termination of these Terms and Conditions.
19 CHOICE OF LAW
These Terms and Conditions and the Spas Research Fellowship web site shall be governed by and in accordance with the laws of the United Kingdom as applied to agreements entered into and to be performed entirely within that state between residents of that state. The English Courts and Jurisdiction shall be the exclusive forum, jurisdiction, and venue to resolve any and all disputes arising out of or relating to these Terms and Conditions. Site Users consent to personal jurisdiction and venue in England. This provision shall survive termination of these Terms and Conditions.
20 Scope and Applicability of the Agreement
These Terms and Conditions constitutes the entire agreement between the parties with respect to all the subject matter contained herein and supersedes any other agreement, proposals, and communications, written or oral, between The Spas Research Fellowship representatives and Site Users with respect to the subject matter hereof.
These Terms and Conditions may be terminated by Site Users at any time by discontinuing use of the Services. These Terms and Conditions may be terminated by The Spas Research Fellowship (i) automatically upon any violation of these Terms and Conditions, with or without prior notice to Site Users, at The Spas Research Fellowship's sole discretion; (ii) at any time, for any reason, or no reason at all, with or without prior notice to Site Users, upon The Spas Research Fellowship's blocking of Site Users' access to the Service and/or notification to Site Users at the e-mail address provided in Site Users' registration or otherwise. Upon any termination by The Spas Research Fellowship, Site Users shall discontinue any effort to access the Spas Research Fellowship Site or the Services.
22. FURTHER COMMUNICATION
Site Users agree that from time to time the Spas Research Fellowship or its agents may use the information contained in the Directory to mail or otherwise communicate with Site Users at the Spas Research Fellowship’s discretion.
23. TERMS OF TRADING
Terms are monthly. Invoices will be issued in the year that advertising on the DIRECTORY is active. VAT will be included where relevant and advertising rates are quoted inclusive of any VAT liable.
End of 23 provisions
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