Terms of Use

BACKGROUND:

This agreement applies as between you, the Member of Executives Place Limited and Executives Place Limited, the owner of this Web Site.  Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these Terms and Conditions, you should stop using the Web Site immediately.

1.                  Definitions and Interpretation

In this Agreement the following terms shall have the following meanings: 

“Content”	means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;
“Executives Place Limited”	means Executives Place Limited of Maybank House, 14 Pretoria Road, High Wycombe , Buckinghamshire;
“Service”	means collectively any online facilities, tools, services or information that Executives Place Limited makes available through the Web Site either now or in the future;
“System”	means any online communications infrastructure that Executives Place Limited makes available through the Web Site either now or in the future.  This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“Member” / “Members”	means any third party that accesses the Web Site and is not employed by Executives Place Limited and acting in the course of their employment;
“Web Site”	means the website that you are currently using www.executivesplace.com and any sub-domains of this site unless expressly excluded by their own terms and conditions.

2.                  Intellectual Property

2.1              Subject to the exceptions in Clause 3 of these Terms and Conditions, all Content included on the Web Site, unless uploaded by Members, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Executives Place Limited, or our affiliates.  By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.

2.2              Subject to Clause 4 of these Terms and Conditions you may print, reproduce, copy, distribute, store or in any other fashion re-use Content from the Web Site for personal purposes only, unless otherwise indicated on the Web Site or unless given express written permission to do so by Executives Place Limited.  Personal use includes, but is not limited to, recreational use, social use, and use in education as a student or teacher.  Specifically you agree that:

2.2.1        you will not use the Content of the Web Site for commercial purposes; and

2.2.2        you will not systematically copy Content from the Web Site with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given express written permission to do so by Executives Place Limited.

3.                  Third Party Intellectual Property

Where expressly indicated, certain Content and the Intellectual Property Rights subsisting therein belongs to other parties.  This Content, unless expressly stated to be so, is not covered by any permission granted by Clause 2 of these Terms and Conditions to use Content from the Web Site.  Any such Content will be accompanied by a notice providing the contact details of the owner and any separate use policy that may be relevant.

4.                  Fair Use of Intellectual Property

Material from the Web Site may be re-used without written permission where any of the excepxions detailed in Chapxer III of the Copyright Designs and Patents Act 1988 apply.

5.                  Links to Other Web Sites

This Web Site may contain links to other sites.  Unless expressly stated, these sites are not under the control of Executives Place Limited or that of our affiliates.  We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them.  The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.

6.                  Links to this Web Site

Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site www.executivesplace.com without prior permission.  Deep linking (i.e. links to specific pages within the site) requires the express permission of Executives Place Limited. To find out more please contact us by email at info@executivesplace.com.

7.                  Use of Communications Facilities and Content Submission

7.1              When using the Discussion Groups, Articles or Rating Services and / or any other System and when submitting Content to the Web Site you should do so in accordance with the following rules:

7.1.1        you must not use obscene or vulgar language;

7.1.2        you must not submit Content that is unlawful or otherwise objectionable.  This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;

7.1.3        you must not submit Content that is intended to promote or incite violence;

7.1.4        it is advised that posts on message boards, chat facilities or similar and communications with Executives Place Limited  are made using the English language as we may be unable to respond to enquiries submitted in any other languages;

7.1.5        Content submissions are required to be made using the English language.  Content in any other language may be removed at our sole discretion;

7.1.6        you must not post links to other web sites containing any of the above types of Content;

7.1.7        the means by which you identify yourself must not violate these terms of use or any applicable laws;

7.1.8        you must not engage in any form of commercial advertising.  This does not prohibit references to businesses for non-promotional purposes including references where advertising may be incidental;

7.1.9        you must not impersonate other people, particularly employees and representatives of Executives Place Limited or our affiliates;

7.1.10    you must not submit material that may contain viruses or any other software or instructions that may damage or disrupx other software, computer hardware or communications networks; and

7.1.11    you must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.

7.2              You acknowledge that Executives Place Limited reserves the right to monitor any and all communications made to us or using our System.

7.3              In order to use the Discussion Groups, Articles or Rating Services and any other communication facility that may be added in the future or to submit Content, you are required to submit certain personal details.  By continuing to use this Web Site you represent and warrant that:

7.3.1        any information you submit is accurate and truthful; and

7.3.2        you will keep this information accurate and up-to-date.

7.4              By submitting Content you warrant and represent that you are the author of such Content or that you have acquired all of the appropriate rights and / or permissions to use the Content in this fashion.  Further, you waive all moral rights in the Content to be as its author and grant Executives Place Limited a licence to modify the Content as necessary for its inclusion on the Web Site.  Executives Place Limited accepts no responsibility or liability for any infringement of third party rights by such Content.

7.5              Unless a Member informs Executives Place Limited otherwise, in advance of posting, in writing, and Executives Place Limited agrees to any terms or restrictions, all Content submitted is for publication on the Website and other such uses as Executives Place Limited may deem appropriate under a royalty-free, perpetual basis.

7.6              Executives Place Limited will not be liable in any way or under any circumstances for any loss or damage that you may incur as a result of such Content, nor for any errors or omissions in the Content.  Use of and reliance upon such Content is entirely at your own risk.

7.7              In the case of Content submitted by Members which is not screened by Executives Place Limited prior to appearing online, Executives Place Limited retain the right to exercise sole discretion to remove or relocate any Content as deemed appropriate without the consent of the author.  We shall be under no obligation to exercise such discretion.  If you wish to enquire as to the removal of Content, please submit your query to info@executivesplace.com.  This does not constitute an undertaking to explain our actions.

8.                  Accounts

8.1              In order to procure Services on this Web Site and to use the Discussion Groups, Articles or Rating Services and / or any other Services you are required to create an Account which will contain certain personal details which may vary based upon your use of the Web Site. By continuing to use this Web Site you represent and warrant that:

8.1.1        all information you submit is accurate and truthful;

8.1.2        you will keep this information accurate and up-to-date.

Your creation of an Account is further affirmation of your representation and warranty.

8.2              It is recommended that you do not share your Account details, particularly your username and password.  Executives Place Limited accepts no liability for any losses or damages incurred as a result of your Account details being shared by you.  If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.

8.3              If you have reason to believe that your Account details have been obtained by another without consent, you should contact Executives Place Limited immediately to suspend your Account. 

8.4              When choosing your username you are required to adhere to the terms set out above in Clause 7.  Any failure to do so could result in the suspension and/or deletion of your Account.

9.                  Informing Members of 3^rd party offers

As part of our Service, Executives Place Limited reserves the right to inform Members of third party offers to Members including potential employment opportunities and we reserve the right to contact you via e-mail or mobile phone. All relevant clauses of these Terms and Conditions shall apply to information sent directly to Members including Disclaimers and Limitation of Liability. Moreover Executives Place Limited shall not be held responsible for the accuracy of any information provided by 3^rd parties or to any damages of loss due to the Members interpretation or use of this information.

10.              Termination and Suspension

In the event that any of the provisions of Sub-Clause 7.1, above, are not followed, Executives Place Limited reserves the right to suspend or terminate your access to the Service.  Any Members banned in this way must not attempt to use the Website under any other name or by using the access credentials of another Member, with or without the permission of that Member.

11.              Privacy

Use of the Web Site is also governed by our Privacy Policy which is incorporated into these Terms and Conditions by this reference.  To view the Privacy Policy, please click on the link above.

12.              Disclaimers

12.1          Executives Place Limited makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.

12.2          No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.

12.3          The information on this Web Site is not designed with commercial purposes in mind.  Commercial use of the Content of this Web Site is forbidden under Clause 2.2.1 of these Terms and Conditions.  Any such use constitutes a breach of these Terms and Conditions and Executives Place Limited  makes no representation or warranty that this Content is suitable for use in commercial situations or that it constitutes accurate data and / or advice on which business decisions can be based.

12.4          Whilst every effort has been made to ensure that all descripxions of services available from Executives Place Limited correspond to the actual services available, Executives Place Limited is not responsible for any variations from these descripxions.

13.                          Changes to the Service and these Terms and Conditions

Executives Place Limited reserves the right to change the Web Site, its Content or these Terms and Conditions at any time.  You will be bound by any changes to the Terms and Conditions from the first time you use the Web Site following the changes.  If Executives Place Limited is required to make any changes to Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.

14.              Availability of the Web Site

The Service is provided “as is” and on an “as available” basis.  We give no warranty that the Service will be free of defects and / or faults.  To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

Executives Place Limited accepts no liability for any disrupxion or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

15.              Limitation of Liability

15.1          To the maximum extent permitted by law, Executives Place Limited accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Members should be aware that they use the Web Site and its Content at their own risk.

15.2          Nothing in these terms and conditions excludes or restricts Executives Place Limited liability for death or personal injury resulting from any negligence or fraud on the part of Executives Place Limited.

15.3          Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions.  This term shall apply only within jurisdictions where a particular term is illegal.

16.              No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

17.              Previous Terms and Conditions

In the event of any conflict between these Terms of Use and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

18.              Notices

All notices / communications shall be given to us either by post to our Premises (see address above) or by email to info@executivesplace.com.  Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

19.              Corrections and Complaints

20.              Law and Jurisdiction

These terms and conditions and the relationship between you and Executives Place Limited shall be governed by and construed in accordance with the Law of England and Wales and Executives Place Limited and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales .