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FOR THE USE OF inVue, THE HOSTED WEB SERVICE PROVIDED BY
inVue Ltd (inVue)
inVue is pay per member intranet service which includes: intranet
applications, a unique URL for each intranet, web hosting, and any other
optional fee-based services that may be available from time to time. By
registering, the individual or the organisation identified as the
"Subscribing Organisation" (business, group, or organisation) in the site
registration process will be assigned a unique URL, and its authorised
members who have each completed the member registration form ("Members")
will have access to our intranet applications and web hosting, and our other
services as described in these Terms of Service. inVue provides Services to
the Subscribing Organisation and its Members expressly subject to these
Terms of Service, which we may update at any time with or without notice.
The Subscribing Organisation and its Members can review the current version
at www.invue.com/terms.html
THESE TERMS OF SERVICE GIVE THE SUBSCRIBING ORGANISATION ITS MEMBERS AND
INVUE CERTAIN RIGHTS AND RESPONSIBILITIES. IN THE EVENT OF ANY CHANGE TO
THESE TERMS, THE SUBSCRIBING ORGANISATION'S OR MEMBER'S FAILURE TO PROMPTLY
DISCONTINUE USE OF THE SITE AND SERVICES WILL BE DEEMED TO INDICATE ITS
ACCEPTANCE OF AND AGREEMENT TO BE BOUND BY SUCH CHANGES. BY COMPLETING THE
REGISTRATION PROCESS OR FORM AND CLICKING THE "I ACCEPT" BUTTON, THE
SUBSCRIBING ORGANISATION AND EACH MEMBER: (A) MAKE THE REPRESENTATIONS IN
SECTION 13, (B) ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND ANY SUCH
CHANGED PROVISIONS, WITHOUT LIMITATION OR QUALIFICATION, (C) AGREE TO
REGULARLY REVIEW THESE TERMS TO ENSURE THAT THEY ARE INFORMED OF ALL SUCH
MODIFICATIONS AND ADHERE TO THEM, AND (D) AGREE THAT IT IS THEIR SOLE
RESPONSIBILITY TO ENSURE THAT THE EMAIL ADDRESSES FOR SITE ADMINISTRATOR(S)
ON THE SITE AND THE SITE REGISTRATION ARE LEGITIMATE AND CORRECT, TO
PROMPTLY UPDATE ALL SUCH EMAIL ADDRESSES, AND TO CHECK MESSAGES TO SUCH
ADDRESSES FREQUENTLY IN ORDER TO TIMELY REVIEW ANY NOTICES RECEIVED FROM
INVUE.
1. Statement of intended use and description of the Services
inVue currently provides each Subscribing Organisation a unique URL and each
Subscribing Organisation and its Members access to our intranet applications
and web hosting, and to any optional fee-based professional services and our
other services available from time to time (collectively, the "Services").
The Services, all information, products and services contained or described
in the Services or any linked sites, and the URL may be accessed and used
solely by the Subscribing Organisation to which such URL is assigned and its
Members, solely for purposes of establishing and maintaining an intranet for
internal use. inVue may at any time Terminate the Services or any feature,
or the Subscribing Organisation's or its Members' access as provided in
Sections 8 and 9 hereof. All changes to the Services will be subject to
these Terms of Service.
2. Security and passwords
Upon registration, the Subscribing Organisation will select a Site Name and
Members will each select a password, and the Subscribing Organisation will
be assigned a registration code. inVue will use reasonable efforts to assign
to the Subscribing Organisation the Site Name that it selects. However, the
Subscribing Organisation and its Members may not select or use a Site Name,
and we reserve the right to reject or terminate use of a Site Name, if it
has been previously assigned to another Subscribing Organisation, or if
inVue in its sole discretion determines (a) the Site Name is offensive or
its use violates applicable law, (b) that multiple sites have been
registered by a Subscribing Organisation or its Members to avoid purchasing
incremental storage space, or simply to reserve site names without the
intent to use them, (c) the Subscribing Organisation or its Members has
selected or is using a Site Name of another organisation with the intent to
impersonate that organisation, (d) the Site Name contains, may interfere or
be confused with, violate, exploit, or capitalise on, the name, goodwill,
trade name, trademark, registered trademark, service mark, or proprietary or
other rights of any organisation, (e) the Subscribing Organisation or
Members or others acting on its behalf has reserved more than ten Site Names
or Sites or (f) The Subscribing Organisation, its Members or Administrators,
have created multiple "free trial" sites for the purpose of avoiding
subscription fees. If inVue rejects or terminates use of a Site Name because
of a violation or threatened violation of this Section 2, it may elect, at
its sole discretion and without prior notice: to select an alternate Site
Name, to allow the Subscribing Organisation to promptly select another
acceptable Site Name, and/or to Terminate as provided in Section 9 hereof.
The Subscribing Organisation and its Members are entirely responsible for
maintaining the confidentiality of the registration code (if applicable),
the passwords, the Site and the information stored on the Site
(collectively, the "Site Information"), and of all information that they
transmit through the Services, for selecting the Members and their
privileges, for any and all usage and activities that occur in connection
with the registration code (if applicable), passwords, Site Name, Site
information and Site, and for all Site content. The Subscribing Organisation
will notify inVue immediately of any known or suspected unauthorised use,
activities or disclosure of the Site or any information, or any other breach
of security. inVue will not be liable for any failure by the Subscribing
Organisation or its Members to comply with this Section 2 or any other
provision of these Terms of Service.
3. Privacy and Confidentiality
See separate Privacy and Confidentiality agreement at www.invue.com/privacy.html
4. Registration, Billing Information and Site Administrator
To establish an InVue hosted intranet Site, the Subscribing Organisation
must complete the Site registration process. To become a Member, an
individual must be specifically identified to the Subscribing Organisation,
obtain its specific permission to access the same, and complete the Member
registration form. The Subscribing Organisation and its Members must provide
accurate and complete information upon Site registration contained in the
Site registration form (the "Registration Information") as well as accurate
and complete billing contact information on the billing form, ("Billing
Information") and promptly update the Registration and Billing Information
so that it is always accurate and complete. The person who completes the
Site registration is the initial Site Administrator for the Site, and
exercises certain options to initially determine the level of privacy and
security for the Site. For example, s/he will determine who can be a Member
of the Site and the level of privileges that Members will possess. Each Site
Administrator may designate other Members as additional and/or successor
Site Administrators, and is responsible for confirming that such person(s)
accept such responsibility. Upon becoming a Site Administrator, each person
will be deemed to agree to the obligations of a Site Administrator
hereunder. All notices from inVue to the Subscribing Organisation will be
given to the current Site Administrator(s) at the email address(es)
appearing on the Site. In addition, all notices and information sent by
inVue to Members will be sent to their individual addresses. In its sole
discretion, inVue will determine the timing, nature, and content of all
communications with Site Administrators and Members.
5. Subscription Fees
inVue is provided on a subscription basis. The monthly Subscription Fees are
charged in accordance with inVue's published prices at the time of initial
subscription to the Service. Subscribing Organisations and its Members agree
that should subscription charges not be paid in a timely manner, inVue may,
in its sole discretion, discontinue service until such time as the payments
are brought current. Sites and Members are not charged for the calendar
month in which the site is created. Billing will begin starting with the
first day of the calendar month after the creation of the site. Subscription
Fees will be assessed based upon the number of current Site Members as of
the billing date, generally the first calendar day of each month. It is the
responsibility of the Site Administrator(s) to monitor and update their Site
membership. inVue will not be responsible for deleting Site Member records.
Deletion of Member records must be done by a Site Administrator.
Subscription fees are billable to the person designated by the Subscribing
Organisation as indicated in the Site Billing Information record, which may
be accessed and updated only by a Site Administrator. It is the Subscribing
Organisation's responsibility to ensure that the Billing Information is
complete and accurate at all times. Only a Site Administrator may subscribe
to the Services, and only a Site Administrator or the designated billing
contact person may cancel a Site subscription. Cancellation may be made at
any time by any Site Administrator or billing contact person through an
email instruction from either a Site Administrator email account or a
billing contact person's email account as contained on the Site.
Cancellation requests must be addressed to admin@invue.net. Any cancellation
will take effect, for billing purposes, as of the last day of the calendar
month in which the cancellation request is received by inVue. Upon receipt
of a valid cancellation request, inVue may deactivate the Site at any time.
inVue reserves the right to increase the Subscription Fees it charges for
access by the Subscribing Organisation and its Members for the Services,
provided, however, that inVue will provide no less than sixty (60) days
advance notice to existing Subscribing Organisations of its intention to do
so. Fees for other services, including but not limited to add-in
applications, extra disk storage, email storage and SSL security are also
charged in accordance with the prices in effect at the time of purchase, or
renewal.
6. Acceptable use policies, Subscribing Organisation's and Members'
responsibilities
All Site information, Registration Information, Personal Information and
other information stored, publicly posted or privately transmitted through
the Services by the Subscribing Organisation or its Members, the
confidentiality and privacy of all of the same and of the Site, and all uses
of the Services and the Site by the Subscribing Organisation and its Members
are their sole responsibility. Without limitation, the Subscribing
Organisation and its Site Administrator(s) are responsible for monitoring
the contents, use of and access to the Site and all such information, and
use of and access thereto by Members who are minors. Without limitation, the
Subscribing Organisation agrees that it and its Members will use the
Services and the Site only in accordance with these Terms of Service, and
will not use them to:
upload, store, post, link to, email or otherwise transmit, distribute,
publish or disseminate any Site information, content or other information (i)
that is unlawful, harmful, threatening, abusive, harassing, tortuous,
defamatory, vulgar, obscene, pornographic, objectionable or libellous, or
promotes such activity; (ii) that (or the transmission, distribution,
publication or dissemination of which) infringes any patent, trademark,
trade secret, copyright, or other rights or proprietary rights of any
organisation, violates any contractual or fiduciary relationships (such as
inside, proprietary or confidential information); (iii) that is harmful to
minors; or (iv) that contains software viruses, trojan horses, worms, time
bombs, cancelbots or any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any computer software or
hardware or telecommunications equipment or circumvent any "copy-protect"
devices, any other harmful or disruptive program, or any warez, cracks,
hacks, associated utilities or other piracy related information;
provide inaccurate, incomplete, outdated or misleading Registration
Information or email addresses, create a false identity or manipulate
identifiers to mislead or to disguise the origin of any information stored
on the Site or transmitted through the Services, or impersonate or otherwise
misrepresent any affiliation with any person or entity;
modify, use, download, publish, upload, post, transmit, transfer, sell,
reproduce, create new or derivative works from, licence, distribute,
perform, display, broadcast, exploit or otherwise copy any portion of the
Services, Site Name, or any content, or any products or other services
(including software) obtained therefrom, or permit access to the same by any
unauthorised person or entity;
interfere with or disrupt any links or click-through URLs provided through
the Services, or servers or networks connected to the Services, or violate
the regulations, policies or procedures of such servers or networks, or
interfere with another Subscribing Organisation's or Member's use and
enjoyment of the Services;
attempt to gain unauthorised access to the Services, content, other Sites,
Registration Information, Site information or Personal Information, or other
computer systems, servers or networks connected to the Services;
violate (intentionally or unintentionally) any applicable local, national or
international law or regulation, including, but not limited to any rules of
any securities exchange of any jurisdiction, laws regarding the transmission
through the Services of technical data or software exported from the United
Kingdom and/or the country(ies) in which the Subscribing Organisations
and/or its Members reside, and laws and regulations regarding online conduct
and acceptable content of the Subscribing Organisation's and its Members'
transmissions, Site and Site information;
occupy communications capacity or bandwidth frivolously, or in a manner
which is intended to or may inhibit any other person's use thereof
(including, without limitation, by use of facilities intended to
substantially fill the communications capacity of leased lines, such as
SPAM, UCE, TCP Sprayers and Flood Ping);
send unsolicited bulk email: the sender must have explicit permission from
all destination addresses before the sender sends an email in any quantity;
the sender may not assume that permission has been granted by passive
actions such as the posting of an article to Usenet or a visit made to the
sender's web site; and where the sender has acquired explicit permission,
either on a web site or through some other relationship, the sender should
keep a record of this permission and much cease sending email when requested
to stop.
7. Storage, file download and bandwidth limitations, and backup
Free storage space for each Subscribing Organisation is limited to such a
volume as may be determined by inVue from time to time and which appears in
the Administrator section of the Site, and it may be impossible to store
some data or information at the Site due to space constraints. The
Subscribing Organisation agrees that inVue is not responsible or liable for
any insufficient storage capacity or the deletion or failure to store data
or information. inVue reserves the right to limit the file download and/or
bandwidth capacity of any or all Sites in its sole discretion if it deems
such limitation to be in the best interests of the operating performance
across all Sites. inVue regularly backs up Site information stored on the
Site, and stores the same for a limited time. Subject to the limitations set
forth in Sections 8 and 9 hereof, upon the Subscribing Organisation's
request and payment of the then-current Subscription Fee, inVue will make
reasonable efforts to restore Site information. inVue will have no liability
for any failure to back up or restore such Site information, or for
interruptions, delay or suspension of access to or unavailability of Site,
registration or Personal Information, or any loss of such information, data
or transmissions.
8. Access to Services and support
inVue will make commercially reasonable efforts to ensure that the quality
of the Service provided is of at least prevailing industry standards, and
that access to the Site is available on a 24x7 basis. However, although
inVue will use all reasonable efforts in good faith to avoid interruption of
the Services, the Subscribing Organisation acknowledges and agrees that
access to the Services, Site and Site information may be unavailable from
time to time for any reason, including without limitation, interruption of
major network connectivity, network and server outages, and backup and
regular maintenance by inVue and any operators of our servers. inVue offers
free and fee-based support alternatives including include free online help,
free email support for all Members, and a premium rate telephone support
hotline.
9. Termination
inVue, in its sole discretion, may terminate, cancel, suspend, limit,
discontinue, and/or deactivate (temporarily or permanently) all or any part
of the Services, registration code, any password, Site Name, registration,
any part or all of the Site, and/or the Subscribing Organisation's and/or
its Members' access to and use of any part or all of their personally
identifiable information (collectively, "Personal Information"),
Registration Information, Site information, the Services and/or the Site,
and/or their rights under these Terms of Service (all of the foregoing
rights and actions to "Terminate" or a "Termination"), all at any time,
including without limitation if (a) inVue believes that the Subscribing
Organisation or a Member has violated or is threatening to violate these
Terms of Service or other policy of inVue, its third-party providers or
applicable law, has misused or is threatening to misuse the Services, or has
conducted or is threatening to conduct any fraudulent, abusive, or illegal
activity, (b) inVue believes that the Subscribing Organisation or any of its
Members has accessed or is attempting to access any part of the Services or
content without authorisation of another Site of any other Subscribing
Organisation, (c) the Subscribing Organisation assigns its rights to the
Site or the Site Name, (d) inVue discontinues the Services or any part
thereof for any reason. inVue reserves the right to investigate the validity
of any complaint presented to it which alleges that any Site has been used
to conduct fraudulent, abusive or illegal activity, or has been used in any
way which violates these Terms of Service. Such investigations may include
logging on to the Site and/or reviewing any data or information contained
therein. inVue will not, however, provide any such information to any third
organisation unless required by law or court order. A Termination described
in Section 9(a), (b), (c), or (d) may be made with or without notice and
will be effective immediately. In the event of Termination, inVue may remove
and/or permanently delete from its servers all of the Subscribing
Organisation's and its Members' Site information, Registration Information
and Personal Information and all backup copies. inVue may (but will not be
required to) remove from its servers and/or permanently delete all such
information and/or all backup copies thereof, without further notice and
without any liability of inVue to the Subscribing Organisation, its Members
or any third organisation. Notwithstanding anything in these Terms of
Service to the contrary, if inVue reasonably believes that the Subscribing
Organisation or any of its Members has violated or is threatening to violate
applicable law or the provisions of Section 9(b) or has conducted or is
threatening to conduct any fraudulent, abusive, or illegal activity, inVue
may, without any notice, refer the Subscribing Organisation and/or its
Members to appropriate law enforcement agencies, and/or immediately remove
and/or permanently delete the Site information, Registration Information
and/or Personal Information as otherwise provided herein. If a Subscribing
Organisation or its Members are the subject of a Termination described in
this Section 9, they may not re-register for or continue to use the Services
in any manner or for any reason. If the Subscribing Organisation wishes to
terminate its Site and use of the Services, it must notify inVue by sending
an email to admin@inVue.net. The provisions of Sections 10 and 11 will
survive any Termination under Section 8 or 9 and any discontinuance.
10. Indemnity
The Subscribing Organisation and its Members agree, to the extent allowed by
law, to indemnify and hold inVue, its parents, subsidiaries, affiliates,
officers, employees, sponsors and partners harmless from any claim, loss,
cost, expense, demand, or damage, including reasonable attorneys' fees,
arising directly or indirectly out of (a) the Subscribing Organisation's or
its Members' use of or connection to the Services, this website, the Site,
or the Materials, (b) Site information or other information transmitted or
stored by the Subscribing Organisation or its Members through or on the Site
or the Services, (c) activities in connection therewith, or (d) the
Subscribing Organisation's or its Members' breach of this Agreement or
violation of the rights of any other Organisation.
11. Warranty information and disclaimers
THE SERVICES, CONTENT, SITE, THIS WEBSITE, LINKED SITES, SERVERS, STORAGE
FACILITIES, AND ALL INFORMATION, SERVICE AND PRODUCTS ADVERTISED, PURCHASED,
OBTAINED OR ACCESSED THROUGH THEM OR ANY THIRD ORGANISATION PROVIDER
(COLLECTIVELY, THE "MATERIALS") ARE PROVIDED "AS AVAILABLE" AND WITHOUT
REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND. TO THE FULLEST EXTENT
PERMITTED BY LAW, INVUE EXPRESSLY DISCLAIMS ALL EXPRESS, IMPLIED AND
STATUTORY WARRANTIES, INCLUDING, BUT NOT LIMITED TO (A) WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT OF PROPRIETARY RIGHTS, (B) ANY WARRANTIES THAT THE
MATERIALS WILL MEET THE SUBSCRIBING ORGANISATION'S OR ITS MEMBERS'
REQUIREMENTS OR EXPECTATIONS, OR WILL BE RELIABLE, TIMELY, QUICK,
CONSISTENT, SECURE, COMPLETE OR FREE OF ERRORS, INACCURACIES, INTERRUPTIONS,
VIRUSES OR OTHER HARMFUL COMPONENTS, OR (C) ANY WARRANTIES CONCERNING THE
USE OR THE RESULTS OF USE OF ANY OF THE MATERIALS. THE SUBSCRIBING
ORGANISATION ASSUMES TOTAL RESPONSIBILITY AND RISK FOR ITS AND ITS MEMBERS'
USE OF THE MATERIALS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW,
UNDER NO CIRCUMSTANCES WILL INVUE BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA, OR OTHER INTANGIBLES) ARISING OUT OF OR IN ANY WAY
CONNECTED WITH (A) PERFORMANCE, USE, INABILITY TO USE, MISUSE OR PROVISION
OF THE MATERIALS, OR ANY FAILURE, DELAY, INTERRUPTION, SUSPENSION, CHANGES
OR TERMINATION THEREOF, OR THE COST OF PROCURING SUBSTITUTES THEREFOR, (B)
ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY CONTENT OR INFORMATION
IN THE MATERIALS, (C) FAILURE TO BACKUP OR STORE, LOSS OF ACCESS, DELETION
OR UNAUTHORIZED ACCESS TO OR ALTERATION OR USE OF THE MATERIALS OR THE
SUBSCRIBING ORGANISATION'S OR MEMBERS' TRANSMISSIONS, DATA, OR PERSONAL,
REGISTRATION OR SITE INFORMATION, (D) ANY LOSS OR INTERRUPTION OF DATA,
TRANSMISSIONS OR PERSONAL, REGISTRATION OR SITE INFORMATION RESULTING FROM
NETWORK, SERVER OR SYSTEM OUTAGES, FILE CORRUPTION OR ANY OTHER REASON, (E)
ANY INFRINGEMENT OF RIGHTS (INCLUDING, WITHOUT LIMITATION, INTELLECTUAL
PROPERTY RIGHTS), (F) STATEMENTS OR CONDUCT OF ANY ORGANISATION USING THE
MATERIALS, OR (G) ORDER FULFILLMENT, CUSTOMER SERVICE, BILLING OR ACCOUNT
COLLECTION BY A THIRD ORGANISATION PROVIDER, WHETHER BASED ON CONTRACT,
TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF INVUE HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE SUBSCRIBING ORGANISATION'S
AND ITS MEMBERS' SOLE REMEDY IS TO DISCONTINUE USE OF THIS WEBSITE, THE SITE
AND THE SERVICES. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE
OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, CONDITIONS AND/OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY TO THE SUBSCRIBING ORGANISATION AND/OR ITS MEMBERS.
12. Proprietary rights
The Services, this website, and all content, and all trademarks, including
but not limited to all material distributed or presented to the Subscribing
Organisation or its Members through the Services by inVue or its third-party
providers or on the linked sites, and all rights and intellectual property
rights therein, are the sole property of inVue or its third-party providers,
and are protected by copyrights, trademarks, service marks, patents or other
proprietary rights and laws. All information and data uploaded to inVue by
the Subscribing Organisation which includes but is not limited to: contacts,
email, appointments, tasks, projects, documents, and timesheets will remain
the sole property of the Subscribing Organisation, its Members or any
organisation with rights therein. Any rights not expressly granted herein
are reserved.
13. Representations of the Subscribing Organisation
By registering and accepting these Terms of Service, the initial Site
Administrator on behalf of the Subscribing Organisation and all its Members,
and each Member on its individual behalf, hereby represents and warrants to
inVue that: (a) s/he is the duly authorised Site Administrator or Member of
the Subscribing Organisation and has the authority and legal capacity to
register and accept these Terms of Service on behalf of the Subscribing
Organisation and to bind the Subscribing Organisation thereto, and/or to
register and accept the same on his/her own behalf and to be bound thereby;
(b) all Members are at least 18 years of age, or are at least thirteen (13)
years of age and have parental permission to establish a Site and/or use and
access the Services; (c) (i) the Subscribing Organisation and its Members
are eligible to establish a Site and to become Members, (ii) the Subscribing
Organisation and its Members accept and agree to be bound by these Terms of
Service, and the Subscribing Organisation will take all steps necessary to
ensure that its Members so accept and are bound by the same, without
limitation or qualification, and (iii) the Subscribing Organisation and
Members will regularly review these Terms of Service, and in the event of
any change, the Subscribing Organisation's or Member's failure to promptly
discontinue use of the Services and Site as provided in Section 4 hereof
will be deemed to indicate the agreement of the Subscribing Organisation, on
its own behalf and on behalf of its Members, and of its Members to accept
and be bound by such changes.
14. Miscellaneous
The Subscribing Organisation agrees that no joint venture, partnership,
employment, or agency relationship exists between the Subscribing
Organisation or its Members and inVue as a result of these Terms of Service
or use of or access to the Services, content or Site. These Terms of Service
and the relationship among the Subscribing Organisation, its Members and
inVue are governed by and construed in accordance with the laws of England
without regard to conflict of law provisions. The Subscribing Organisation
and its Members hereby consent to the personal and exclusive jurisdiction
and venue of the courts located in London, England in all disputes arising
hereunder or out of or relating to the use of or access to the Services,
content or Site, and waive any jurisdictional, venue or inconvenient forum
objections to such courts. Use of or access to the Services, content and
Site is not authorised in any jurisdiction that does not give effect to all
provisions of these Terms of Service. If any part of these Terms of Service
is determined by a court to be invalid, unenforceable or contrary to
applicable law, then such provision will be deemed replaced by a valid,
enforceable provision that most closely matches the intent of the original
provision and the other provisions of these Terms of Service will remain in
force and effect. These Terms of Service incorporate by reference all
notices and policies contained on this website, and constitute the entire
agreement between the Subscribing Organisation, its Members and inVue with
respect to this website, the Services, content and Site, and supersede all
prior or contemporaneous communications, whether electronic, oral or
written, between the Subscribing Organisation, its Members and inVue with
respect to this website, the Services, content and Site. Any failure of
inVue to exercise or enforce any right or provision of these Terms of
Service will not constitute a waiver of such right or provision. The
Subscribing Organisation and inVue agree that regardless of any statute or
law to the contrary, any claim or cause of action arising out of or related
to these Terms of Service or the Services, content or Site must commence
within one (1) year after the cause of action arose; otherwise, such cause
of action is permanently barred.
15. Introductory and promotional offers
inVue may from time to time advertise introductory and promotional offers on
its website or other media and these offers are for the benefit of new
Subscribing Organisations only. All prices stated on any media produced or
represented by inVue exclude VAT at the current rate in force in the United
Kingdom and any other taxes charges or levies which may become due upon such
payments. The promotional offer branded as "PLUS bundles" is only available
to new Subscribing Organisations within the M25 area of London UK and new
Subscribing Organisations outside this boundary will be entitled to
discounted seat and support prices but training and travel will be added at
normal advertised rates. The "Money-back Guarantee" as advertised in
conjunction with the "PLUS bundles" promotion applies if the Subscribing
Organisation requests inVue to cease the supply of Services by email before
90 days after the initial payment for the Service has cleared into inVue's
bank account. Upon receipt of such email inVue will return the data to the
Subscribing Organisation's Administrator's registered address in the form of
CD-ROMs and shall refund by BACS to the Subscribing Organisation's bank
account such details to be provided by the Subscribing Organisation at the
time of request of cessation of supply the full amount of the initial
payment for the Services which cleared into inVue's bank account. No refund
of any additional training additional seats or storage or any add-on shall
be made to the Subscribing Organisation. Subscribing Organisations outside
the M25 area of London UK shall only be entitled to a refund of the
discounted seat and support prices and the costs of training and travel
shall not be refunded. Notwithstanding any of the above inVue shall also be
entitled to withold any refund or part thereof to any Subscribing
Organisation who at the time of request of cessation of Services or at any
time before that time were in breach of any of the aforementioned Terms of
Service.
inVue Ltd |