Eclipse Website Terms and Conditions
ACCEPTANCE OF TERMS
These are the Terms and Conditions of Eclipse (Brentwood) Limited T/AS Eclipse 17 Ongar Road, Brentwood, Essex CM15 9AU Co No: 5838026. Please read these Terms carefully, they set out the basis on which you are allowed to use this website, the information contained within it and our services. They protect you as a user of the Site and prevent the site from being used for any illegal or unauthorised purposes.
1. WEBSITE CONTENT
The copyright in the material contained on, in, or available through this site excluding the content (as defined in paragraph 2) but including all other information, data, text, photographs, graphics or other materials and the selection and arrangement thereof, and all source code, software compilations and other material is owned by or licensed to Eclipse or its group companies. All rights are reserved. You do not have any right, interest or title in or to the material unless otherwise expressly indicated.
The trademarks, and logos contained on or in this site are registered and/or owned by or licensed to Eclipse or its group companies.
You may not reproduce part or all of the contents of the site in any form unless it is for personal, non commercial use. You may not copy or otherwise incorporate into or store in any other website, electronic retrieval system, publication or other work any of the content of the site in any form (whether hard copy, electronic or other). You may not frame or link to the site or any part of it without our express permission.
2. LINK TO THIRD PARTY WEBSITES
Any link (be it a hypertext link or other referral device) used on this site is provided solely for the use and convenience of the visitor. Eclipse does not have any influence or control over any websites to which a link is provided which are operated by third parties and, unless otherwise stated, is not responsible for and does not endorse or recommend any third party website or its availability or contents or any agreement or understanding you enter into with a third party through a third party website. Eclipse does not accept any liability for any loss, damage, expense, costs or liability whatsoever incurred by you in respect of these third party websites.
3. YOUR CONDUCT
You agree that when using this website you will not:
3.1 Harvest content or IP addresses or otherwise transmit any content which contains software viruses or any other files or programs that may interrupt, destroy or limit the functionality of this site or any other Eclipse site or server or any networks connected to this site or server or another's computer, or that contains any chain letters, pyramid-selling schemes, bulk mail, junk mail or similar; or
3.2 Restrict or in any way inhibit any person from using this site or server; or
3.3 Register yourself as a member of this site, to receive any newsletter or other service under fictitious names or
3.3.1 Use this site or server in a manner that is inconsistent with these Terms and Conditions and/or any relevant laws and regulations in force from time to time; or
3.3.2 Breach the terms of any suspension or ban or seek alternative access.
3.4 You acknowledge that you are solely responsible for maintaining a secure password for the purpose of gaining access to the member sections of this site.
5. DISCLAIMER / LIABILITY
5.1 Use of this site and its facilities, third party websites, links to the third party websites, and any Material and Content is at your own risk. To the maximum extent permitted by law Eclipse disclaims all liability whatsoever, whether arising in contract, tort (including negligence) or otherwise in relation to this site, third party websites, links to third party websites, Material and Content.
5.2 We do our best to ensure that the site operates properly at all times, but we make no warranties as to the availability or accessibility of the site, and (save as otherwise set out in these Terms and Conditions) we will not be liable for any damages, loss, costs or expenses incurred by you as a result of any lack of availability or accessibility of the site.
5.3 Eclipse will not be liable, in contract (including, without limitation, negligence), under statute or otherwise, as a result of or in connection with this site, any third party websites, links to third party websites, the material, content, or any products or services offered on or through this site or third party website, whether by Eclipse or on its behalf, for any:
5.3.1 Economic loss (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or
5.3.2 Loss of goodwill or reputation; or
5.3.3 Special or indirect or consequential loss.
5.4 If Eclipse is liable to you directly or indirectly in relation to this site, any third party websites, links to third party websites, the material, content, or any products or services offered on or through this site or third party website, that liability (howsoever arising) shall be limited to £100.
5.5 Eclipse will not be liable for any loss, damage, expense, costs, delays or other liability whatsoever (including without limitation any financial losses such as loss of profit) which you may incur as a result of any event beyond our reasonable control (including without limitation any failure of transmission, communication, computer or other facilities or your inability to access the site for any reason or any failure, error or delay in the sending or receiving of any notice or communication or instruction through the post or any electronic medium).
These Terms and Conditions (as amended from time to time) constitute the entire agreement between you and Eclipse concerning your use of this site and supersede any previous arrangement, agreement, undertaking or proposal, written or oral between you and Eclipse in relation to such matters. Eclipse reserves the right to update these Terms and Conditions from time to time. If it does so, the updated version will be effective as soon as it is uploaded on to this site and your continued use of the site will constitute your acceptance of such updated Terms and Conditions. No other variation to these Terms and Conditions shall be effective unless in writing and signed by an authorised representative on behalf of Eclipse. You should check the Terms and Conditions periodically to ensure that you are aware of and complying with the current version.
These Terms and Conditions shall be governed by and construed in accordance with English law and you agree to submit to the exclusive jurisdiction of the English Courts.
If any provision(s) of these Terms and Conditions is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties and all other provisions shall remain in full force and effect.
Eclipse’s failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Eclipse in writing.
Unless otherwise expressly stated, nothing in the Terms and Conditions shall create any rights or any other benefits whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise in favour of any person other than you and Eclipse.