Terms and Conditions
The EBS Europe Limited (T/A Inforgen) website is operated by EBS Europe Limited (T/A Inforgen). EBS Europe Limited (T/A Inforgen) is registered in Scotland with company number SC196145 and VAT number 735184038. Our registered office is located at Cavalry Park, Peebles, Peeblesshire, EH45 9BU.
Accessing EBS Europe Limited (T/A Inforgen) Website
The Site has two levels of access:
(i) General Area:
You do not need to register to use this area of the site. You can access general information about EBS Europe Limited (T/A Inforgen) and our products and services that we offer.
(ii) Secure Area:
You agree that in using the EBS Europe Limited (T/A Inforgen) you will:
(a) use the website only for lawful purposes, and in a manner which does not infringe the rights of, or restrict or inhibit the use of the website by any third party
(b) not upload, post, transmit or distribute any material or information where you do not own or have the right to use any associated intellectual property rights, or any material which is unlawful or which is potentially harmful, threatening, abusive, libelous, defamatory, pornographic or otherwise obscene, racially or ethnically or otherwise objectionable or damaging to the reputation of EBS Europe Limited (T/A Inforgen)
(c) not interfere with, damage or disrupt any part of the website, any equipment, systems or network used to operate the website, or attempt to access any secure area other than by using your username and password
(d) not transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer or hardware
(e) access the website using a computer that is protected by a current version of a reputable virus checking program
(f) not reproduce, duplicate, copy or re-sell any part of the Site.
EBS Europe Limited (T/A Inforgen) will have the right to disable your access of the website at EBS Europe Limited’s (T/A Inforgen) sole discretion if EBS believes you are in breach of these terms and in particular, any of the requirements set out in (a) to (f) above.
By breaching provisions (c) and (d) above, you may commit a criminal offence under the Computer Misuse Act 1990. EBS Europe Limited (T/A Inforgen) will report any such breach to the relevant law enforcement authorities and co-operate with those authorities and disclose your identity, if known.
The names and logos identifying the website, EBS, Inforgen and its products and services are either:-
(a) proprietary marks of EBS
(b) marks which EBS is licensed to use.
Nothing in these Terms allows you to use any trade mark or any other intellectual property right of EBS or any third party (subject to the provisions below relating to copyright).
Copyright in the content (including but not limited to design, text and graphics) of all the pages on the website is owned by EBS or its licensors (except where otherwise stated). Reproduction of part or all of the contents in any form is prohibited other than in accordance with the following permissions.
EBS Europe Limited (T/A Inforgen) authorises you to carry out the following actions, provided that you comply with ‘Your Obligations’ found above:-
(a) view and display the content of the website
(b) print or download entire or extracts from pages for your personal use provided you do not delete the copyright notice notices from any such printouts and downloads.
You must not modify the paper or digital copies of any materials that you have printed off or downloaded in any way. You also must not use any illustrations, photographs, video, audio sequences or graphics separately from any accompanying text.
You are not permitted to incorporate any materials, or any part of the materials, from the website to any other work or publication, whether in hard copy, electronic or any other form. No part of the Site may be distributed or copied for any commercial purpose.
Reliance on Information Posted
EBS operates a policy of continual product development and all specifications outlined in the website are indicative only and are subject to change at any point without notice.
Right to Act on Instruction
EBS has the right to act on any instruction that fulfills set criteria for auto-capturing from forms, or from your account which is perceived to be genuine and from you or on behalf of you, by a coworker.
Estimates of Fees and Charges
In addition to the provision of information, the website provides a means by which you can request estimates from EBS Europe Limited (T/A Inforgen) for certain goods and services. The following two types of estimate are available:-
(a) Outline Estimate:
A proposal of this kind is supplied as a high level estimate, which remains subject to further development following receipt of additional information by EBS Europe Limited (T/A Inforgen). On that basis, Outline Estimates must never be seen as legally binding offer by EBS Europe Limited (T/A Inforgen) to supply either goods or services.
(b) Binding Estimate:
A proposal of this kind does constitute an offer by EBS Europe Limited (T/A Inforgen) to supply goods and services, however no contract will exist between EBS Europe Limited (T/A Inforgen) and the recipient of that Binding Estimate until EBS Europe Limited’s (T/A Inforgen) Full Terms and Conditions of Contract have been accepted by that recipient.
EBS Europe Limited (T/A Inforgen) reserves the right to withdraw or amend the service EBS Europe Limited (T/A Inforgen) provides through the website without notice. EBS Europe Limited (T/A Inforgen) will not be liable if for any reason the website is unavailable at any time or for any period. EBS Europe Limited (T/A Inforgen) aims to update the website regularly, and may change the content at any time. If the need arises, EBS Europe Limited (T/A Inforgen) may suspend access to the website, or close it indefinitely. Any of the material on the website may be out of date at any given time, and EBS Europe Limited (T/A Inforgen) is under no obligation to update such material.
EBS Europe Limited (T/A Inforgen) will take reasonable care in preparing the content of the website, but the material displayed on the website is provided without any guarantees, conditions or warranties as to its accuracy, to the extent permitted by law EBS Europe Limited (T/A Inforgen), its officers, employees, agents, representatives and third parties connected to EBS Europe Limited (T/A Inforgen) hereby expressly exclude:-
(a) any and all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of tort or otherwise
(b) any and all liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the website or in connection with the use, inability to use, or results of the use of the website, any websites linked to it and any materials posted on it, including without limitation, any liability for loss of income or revenue, business profits or contracts, anticipated savings, loss of opportunity, reputation, or goodwill, wasted management or office time, loss of information and loss of, or corruption to, data and for any further loss or damage of any kind, howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
Although EBS Europe Limited (T/A Inforgen) aims to ensure that the website and any information hosted or downloaded from the website is free from viruses and harmful code, EBS Europe Limited (T/A Inforgen) does not undertake, represent, warrant or guarantee that the website and any documents, files and information hosted or downloaded from the website will be free from viruses, Trojan horses, worms, time bombs, keystroke loggers, spyware and other harmful programs or computer code designed to adversely affect the operation of any computer software or hardware. EBS Europe Limited (T/A Inforgen) will not be liable for any damage, loss, cost or expense which may be suffered by any person arising from any such harmful code or computer code.
Nothing in this Clause or these terms and conditions will exclude or limit EBS Europe Limited’s (T/A Inforgen) liability for death or personal injury arising from EBS Europe Limited’s (T/A Inforgen) negligence, nor EBS Europe Limited’s (T/A Inforgen) liability for fraud, fraudulent misrepresentation, nor any terms implied by section 12 of the Sale of Goods Act 1979, nor any breach of section 2 of the Supply of Goods and Services Act 1982, nor any other liability which cannot be excluded or limited under any applicable law.
You acknowledge and accept that computer and telecommunications systems are not fault free and may from time to time require periods of downtime (being periods during which the website is not available to the user) for the purposes of repair, maintenance and upgrading. Accordingly, EBS Europe Limited (T/A Inforgen) does not guarantee uninterrupted availability of the website, but it will make reasonable efforts to minimize any periods during which the site is not available.
Information about the user and the users visits to the site
11.1 Links Out
Where the website contains links to other sites and resources provided by third parties, these links are provided for your information only. EBS Europe Limited (T/A Inforgen) has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them.
11.2 Links In
You are granted a revocable, non-exclusive right to create a hyperlink to the website, provided that the link does not portray website, its affiliates, or their products or services in a false, misleading, derogatory or otherwise offensive manner. You may not use any EBS Europe Limited (T/A Inforgen) logos or trade mark as part of the hyperlink without EBS Europe Limited’s (T/A Inforgen) prior written consent.
If any of these Terms should be found to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms are intended to be effective, then to the extent that the term or condition is illegal, invalid or unenforceable, it shall be severed and deleted from the Terms and the remaining Terms shall survive, remain in full force and effect and continue to be binding and enforceable.
The rights of either party under these Terms may be exercised as often as necessary. They are cumulative and not exclusive to either party’s rights under the general law, and may be waived only in writing. Delay in exercising or non-exercise of any right is not a waiver of that right.
EBS Europe Limited (T/A Inforgen) is aware that some users may suffer from disabilities which make it difficult to access and use some parts of the website. Within the constraints of the technology used to construct the website, EBS has made reasonable efforts to make the website accessible to disabled users. EBS Europe Limited (T/A Inforgen) would like to receive feedback from disabled users to help identify any features which such users may find difficulty to use and to allow EBS Europe Limited (T/A Inforgen) to deliver improvements to the service received by such users. If a disabled user requires advice or would like to give feedback in relation to use of the website, he/she should contact EBS Europe Limited (T/A Inforgen) via the Contact Us section of the website.
Jurisdiction and applicable law
The Scottish courts will have exclusive jurisdiction over any claim arising from, or related to, your access to the website save that, EBS Europe Limited (T/A Inforgen) retains the right to bring proceedings against you for breach of these conditions in the your country of residence or any other relevant country. These Terms are governed by Scots law.
If you have any concerns about material which appears on the website, please contact EBS Europe Limited (T/A Inforgen) via the Contact Us section of the website.