ECB Terms of use
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and The Sustainability Group, doing business as FuturePlusTM (“FuturePlusTM”, “we”, “us”, or “our”), concerning your access to and use of the http://www.future-plus.co.uk website in your capacity as a supplier of the England and Wales Cricket Board Limited (“ECB”) as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto, in each case where your access and use is via the following url: dashboard.futureplus.co.uk/register/ecb (as updated from time to time) (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms of Use.
If You Do Not Agree With All Of These Terms Of Use, Then You Are Expressly Prohibited From Using The Site And You Must Discontinue Use Immediately.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. You will be subject to, and will be deemed to have been made aware of and to have
accepted, the changes in any revised Terms of Use by your continued use of the Site provided that you have been given reasonable advance notice any such changes, provided that such changes are not materially inconsistent with these Terms of Use and that, where the law requires consent for such changes, we have obtained such consent.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country outside of the United Kingdom where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
As part of using the Site, you may be required to sign up for an account and select a password and email or username your FuturePlusTM ID. You promise to provide us with accurate registration information about yourself. You may not select as your FuturePlusTM User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that
person. Your right to access the Service is personal to you and you may not transfer your account to anyone else without our prior written permission. You will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account other than that caused by us or
our service providers). You will only use the Site and Content (defined below) in a manner that complies with all laws that apply to you. If your use of the Site is prohibited by applicable laws, then you aren’t authorised to use the Site. We can’t and won’t be responsible for your use of the Site in any way that breaks the law.
You represent and warrant that you are of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Service and gotten your parent or guardian to agree to these Terms on your behalf). If you’re agreeing to these Terms on behalf of an organisation or entity, you represent and warrant that you are authorized to agree to these Terms on that organisation or entity’s behalf and bind them to these Terms.
The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United Kingdom, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or
Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your business purposes. No downloaded or printed portion of the site that is not expressly shareable via the site functionality may be shared with outside
parties without the express permission of The Sustainability Group, We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
You may not transfer this Agreement to any third party. This Agreement is governed by the laws and dispute provisions specified in the Services Agreement, which are incorporated into this Agreement by reference. If any provision or portion of this Agreement is held to be invalid or unenforceable, then it will be reformed and interpreted to accomplish the objectives of such provision to the greatest extent possible, and all remaining provisions will continue in full force and effect.
FUTUREPLUSTM MARK USAGE
This FuturePlusTM Marks Usage Agreement (“Agreement”) sets out the legal terms governing your ability to use the FuturePlusTM name, logo, and other registered or unregistered FuturePlusTM trademarks and service marks owned by The Sustainability Group and its affiliates (“FuturePlusTM Marks”) to let your customers know that FuturePlusTM (“we”, “us”, “our”) provides services for your business.
You may not use any FuturePlusTM Marks without having agreed to abide by all the terms and conditions in this Agreement, and unless you do so in accordance with this Agreement.
PERMISSION TO USE FuturePlusTM MARKS
FuturePlusTM Marks including the FuturePlusTM Score Mark are important assets of FuturePlusTM business and are protected by UK laws. You are licensed to use the FuturePlusTM Marks on a non-exclusive, non-transferable basis on websites or applications that utilise the Services of FuturePlusTM. However, your use is subject to the terms set out in this Agreement, and we may terminate your license via
(i) our absolute ability to supervise, monitor, and revoke your license at any time and at our discretion, or
(ii) your non-use or cancellation of the FuturePlusTM services. Upon termination of the license, you agree to promptly remove any FuturePlusTM Marks from any websites or applications, or other material within a reasonable time.
PROPER USE OF FuturePlusTM MARKS
The FuturePlusTM Mark should directly link to our homepage at www.future-plus.co.uk. Where only the FuturePlusTM name or logo is used, as opposed to the ‘FuturePlusTM Score” or “Powered by FuturePlusTM ” logos, we ask that you provide proper trademark attribution crediting ownership of the FuturePlusTM Marks to us, such as:
The FuturePlusTM name and logos are trademarks or service marks of The Sustainability Group. or its affiliates in the UK and other countries.
Brand Guidelines: We may also provide you with style or usage guidelines describing such things as size, colour, or relative placement of FuturePlusTM Marks. You may only use the FuturePlusTM Marks consistent with those guidelines except where we expressly agree otherwise with you in writing. You will update your use of the FuturePlusTM Marks to conform to changes in the guidelines within a reasonable time after we provide you notice of the change.
Attribution: The TM Symbol should be prominently displayed in conjunction with any FuturePlusTM Mark being used. All FuturePlusTM Marks used should directly hyperlink to the FuturePlusTM homepage located at www.future-plus.co.uk.
IMPERMISSIBLE USES OF FuturePlusTM MARKS
You may not display, copy, modify, transmit or otherwise use the FuturePlusTM Marks except as described in this Agreement, the guidelines, or otherwise agreed in writing by FuturePlusTM.
You may not use the v Marks to show FuturePlusTM or the Services in any disparaging or derogatory light, or in any way that may be damaging to our brand or to our interests in the FuturePlusTM Marks.
You may not use the FuturePlusTM Marks to imply endorsement by FuturePlusTM of your products or services, or in a manner that causes customer confusion. You may not misrepresent your relationship with FuturePlusTM or use the FuturePlusTM Marks in any manner that is misleading. You may not use the FuturePlusTM Marks in relation to goods or services that are unrelated to the Services. In addition to any other right that we may have to enforce the terms of this Agreement, you must promptly comply with any request that we make for you to cease the use of the FuturePlusTM Marks that we determine is non-compliant with this paragraph.
In addition to protecting the FuturePlusTM Marks, it is important to us that you maintain an independent brand. Even where the use of FuturePlusTM Marks is permitted, we suggest that you prominently use your own marks in a manner that makes your brand or any other descriptor of your goods/services clearly distinguishable from that of FuturePlusTM Marks.
NO WARRANTIES
As part of this Agreement, we do not make any representations regarding your use of FuturePlusTM Marks. We disclaim all warranties, express and implied, including any warranties of non-infringement.
MARKETING AND PRESS ACTIVITY
You agree to marketing and press activity to include website testimonials, case studies, press releases and press interviews as arranged by FuturePlus, The Sustainability Group or their representative. Such activity will be agreed upon in advance and, where necessary, will ensure the information will be anonymised to not reveal any commercially sensitive information.
YOUR LIABILITY FOR THIRD PARTY CLAIMS
You will indemnify FuturePlusTM, its affiliates, and their respective employees and agents (each a “FuturePlusTM Entity”) against any claim, suit, demand, loss, liability, damage, action, or proceeding (each, a “Claim”) brought by a third party against a FuturePlusTM Entity that results from your impermissible use of any FuturePlusTM Marks, as described in Section 3 above
USER REPRESENTATIONS
By using the Site, you represent and warrant that:
1. All registration information you submit will be accurate;
2. You will maintain the accuracy of such information;
3. You have the legal capacity and you agree to comply with these Terms of Use;
4. You are not a minor in the jurisdiction in which you reside;
5. You will not access the Site through automated or non-human means, whether through a bot, script or otherwise;
6. You will not use the Site for any illegal or unauthorized purpose; and
7. Your use of the Site will not violate any applicable law or regulation.
If you provide any information that is inaccurate, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
USER REGISTRATION
You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
FREE DEMO
We may offer a free demo to new users who register with the Site. The account will not be charged and the subscription will not be started until upgraded to a paid version at the end of the free trial.
CANCELLATION
You can cancel your subscription by contacting us using the contact information provided below. Your cancellation will take effect at the end of the current paid term.
If you are unsatisfied with our services, please email us at [email protected] or call us at +44 207 117 2674.
After cancellation of your FuturePlusTM account, once the current paid term has expired you are no longer permitted to use or reference your FuturePlusTM Sustainability Score, or any variation of the FuturePlusTM brand and/or logo in your company’s internal or external communications, marketing or sales materials. Or claim in any way an association with FuturePlusTM or The Sustainability Group without explicit written consent from The Sustainability Group.
PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
1. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
2. Make any unauthorised use of the Site, including collecting usernames and/or email addresses of users by electronic or
other means for the purpose of sending unlawful unsolicited email, or creating user accounts by automated means or under false pretences.
3. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
4. Use the Site to advertise or offer to sell goods and services.
5. Engage in unauthorized framing of or linking to the Site.
6. Make improper use of our support services or submit false reports of abuse or misconduct.
7. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
8. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
9. Attempt to impersonate another user or person or use the username of another user.
10. Sell or otherwise transfer your profile.
11. Use any information obtained from the Site in order to harass, abuse, or harm another person.
12. Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavour or commercial enterprise.
13. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
14. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
15. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
16. Delete the copyright or other proprietary rights notice from any Content.
17. Copy or adapt the Site’s software, including but not limited to Python, Flash, PHP, HTML, JavaScript, or any other code.
18. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
19. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
20. Except as may be the result of the standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
21. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
22. Use the Site in a manner inconsistent with any applicable laws or regulations.
23. Use a buying agent or purchasing agent to make purchases on the Site.
24. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
USER-GENERATED CONTRIBUTIONS
The Site does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material
(collectively, “Contributions”). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the Site Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:
1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
12. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
13. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
14. Your Contributions do not otherwise violate, or link to material that violates any provision of these Terms of Use, or any applicable law or regulation.
Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.
CONTRIBUTION LICENSE
You and the Site agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).
By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgement or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the
right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
PORTFOLIO DASHBOARD PLATFORM
Users of the FuturePlusTM Portfolio Dashboard Platform are bound by all of the articles contained in these terms and conditions.
This section does not apply to FuturePlusTM users who do not use the Portfolio Dashboard or do not choose to share information with a user of the FuturePlusTM Portfolio Dashboard Platform.
Associated with the FuturePlusTM Portfolio Dashboard Platform there are two designated forms of user, Portfolio Managers, who are the subscribers to the Portfolio Dashboard, and The FuturePlus Users who are organisations invited to join FuturePlusTM by The Portfolio Managers or who have chosen to share their FuturePlusTM data with a FuturePlusTM Portfolio Dashboard Platform user.
Both FuturePlus platform and FuturePlus Portfolio Dashboard Platform users acknowledge that Confidential Information may be disclosed to the other party during the course of this Agreement. As used herein, “Confidential Information” shall mean any information relating to or disclosed in the course of the Agreement, which is, or should be reasonably understood to be,
confidential or proprietary to the disclosing party, including, but not limited to, FuturePlusTM Score, your FuturePlusTM Roadmap, and sections of your FuturePlus Report and associated data you have shared with FuturePlusTM and marketing data. Confidential Information shall not include information (a) already lawfully known (without restriction) to or independently developed by the receiving party without the use of the disclosing party’s Confidential Information, (b) generally known to the public through no fault of the receiving party, or (c) lawfully obtained from any third party without restriction. Each party agrees that during the
term of this Agreement, and for a period of three (3) years following expiration or termination hereof, (a) it will not use any Confidential Information of the disclosing party, except to exercise its rights or perform its obligations under this Agreement and (b) it will take reasonable steps, at least substantially equivalent to the steps it takes to protect its own proprietary information
of like importance, to prevent the disclosure of Confidential Information of the other party, other than to its employees, affiliates, subsidiaries or other agents who have a need to know such Confidential Information for such party to perform its obligations or exercise its rights hereunder, who will each agree to comply with this section (collectively, “Personnel”) and shall
be liable for any breach of such obligations by any Personnel. The receiving party may disclose Confidential Information of the disclosing party solely to the extent required by law or court order; provided that, receiving party provides disclosing party with prompt written notice thereof and uses its best efforts to limit disclosure, and that any information so disclosed shall continue
to be treated as Confidential Information for all other purposes. Upon the expiration or termination of this Agreement, each party shall, upon the written request of the other party, return or destroy (at the option of the party receiving the request) all Confidential Information (including, without limitation, all documents, manuals and other materials containing or reflecting
Confidential Information). The terms of this Agreement are both FuturePlus Platform and FuturePlus Portfolio Dashboard Platform users Confidential Information (provided that either party may disclose this Agreement to potential investors/Portfolio Managers and/or acquirers in connection with financing or acquisition due diligence).
As a FuturePlus user, should you be invited, and agree to join FuturePlusTM by a Portfolio Manager you agree to the following:
1. The FuturePlusTM Portfolio Dashboard Platform user will have access to your FuturePlusTM Score, your FuturePlusTM Roadmap, and sections of your FuturePlus Report and associated data you have shared with FuturePlusTM.
2. Your administration and payment data will not be shared.
3. You are solely responsible for maintaining your membership of FuturePlusTM
4. You authorise FuturePlusTM advisors to discuss the FuturePlusTM data included in The Portfolio Dashboard Portal with The Portfolio Manager.
As The Portfolio Manager, you agree to the following:
1. Refrain from sharing any data contained in the FuturePlusTM Portfolio Dashboard Portal with any person outside of your organisation, other than with the explicit permission of FuturePlus User.
2. You are solely responsible for maintaining membership of FuturePlusTM as per the terms of any agreement.
SITE MANAGEMENT
We reserve the right, but not the obligation, to:
1. Monitor the Site for violations of these Terms of Use;
2. Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities;
3. In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
4. In our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and
5. Otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material
misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.
TERM AND TERMINATION
These Terms of Use shall remain in full force and effect while you use the Site. Without limiting any other provision of these terms of use, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the site (including blocking certain ip addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms of use or of any applicable law or regulation. We may terminate your use or participation in the site or delete your account and any content or information that you posted at any time, without warning, at our sole discretion.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise,
update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during
any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
GOVERNING LAW
These conditions are governed by and interpreted following the laws of England and Wales The Sustainability Group and yourself both agree to submit to the non-exclusive jurisdiction of the courts and regulators of England and Wales.
DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy or claim related to these Terms of Use (each “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties
agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating the arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
Any dispute arising from the relationships between the Parties to this contract shall be determined by one arbitrator who will be chosen in accordance with the Arbitration and Internal Rules of the United Kingdom court of Arbitration and which are in force at the time the application for arbitration is filed, and of which adoption of this clause constitutes acceptance. The seat of arbitration shall be London, United Kingdom. The language of the proceedings shall be English. Applicable rules of substantive law shall be the law of the United Kingdom.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures, and (c) there is no right or authority for any Dispute
to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to or arising from, allegations of theft, piracy, invasion of privacy (including breaches of
data protection law), or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court or regulator of competent jurisdiction within the courts /
regulators listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court/regulator.
CORRECTIONS
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
DISCLAIMER
The site is provided on an as-is and as-available basis. Subject always to our compliance with our legal obligations under data protection law, you agree that your use of the site and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. we make no warranties or representations about the accuracy or completeness of the site’s content or the content of any websites linked to the site and, except as caused by breach (by us or our service providers) of data protection law, we will assume no liability or responsibility for any
1. errors, mistakes, or inaccuracies of content and materials,
2. personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the site,
3. any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein,
4. any interruption or cessation of transmission to or from the site,
5. any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party, and/or
6. any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the site. we do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. as with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
LIMITATIONS OF LIABILITY
In no event will we or you or your or our directors, employees, or agents be liable for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, or other damages arising from your use of the site, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained
herein, our liability to you and your liability to us for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us during the twelve (12) month period prior to any cause of action arising.
Nothing in these Terms of Use exclude or limit the rights of data subjects for breach of data protection law.
USER DATA
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data but this does not affect our obligations and duties or any liabilities we may incur under data protection law.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive service messages by electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication is in writing.
You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Site.
You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law.
We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
These Terms of Use will prevail over and supersede any other FuturePlus Standard Terms of Use in relation to the ECB and ECB Suppliers’ access to, and use of, the Site.
CONTACT US
In order to resolve a complaint regarding the Site or to receive further information regarding the use of the Site, please contact us at:
Future Plus
A Sustainability Group Company
Unit G002
The Metal Box Factory
30 Great Guildford Street
London
SE10HS
United Kingdom
Phone: +44 207 117 2674