BusinessWings.co.uk Terms & Conditions
BusinessWings.co.uk (the "Website") is a website owned and operated by Dynamis Ltd. and is a trading style of Dynamis Ltd.
Before using this website you should carefully read the following terms and conditions which govern the use of the Website. Your registration on the site or use of our services implies that you have read and accepted these Terms and Conditions. If you do not agree to these Terms and Conditions please do not use this Website.
If you do not agree to all the terms and conditions, then you may not access the website or use the content or any services in the website. Dynamis' acceptance is expressly conditioned upon your assent to all of these terms and conditions, to the exclusion of all other terms; if these terms and conditions are considered an offer by Dynamis, acceptance is expressly limited to these terms and conditions.
Acceptance of terms
The webpages available at www.BusinessWings.co.uk, and all linked pages ("Website"), are owned and operated by Dynamis Ltd. ("Dynamis"), a limited company registered in the United Kingdom, and is accessed by you under the Terms and Conditions described below ("Terms and Conditions").
Modifications to the terms and conditions
Dynamis reserves the right, at its sole discretion, to modify or replace the Terms and Conditions at any time. If the alterations constitute a material change to the Terms and Conditions, Dynamis will notify you via email. What constitutes a "material change" will be determined at Dynamis’ sole discretion, in good faith and using common sense and reasonable judgment. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Website by you following such notification constitutes your acceptance of these updated Terms and Conditions.
To the maximum extent permitted by law Dynamis accepts no responsibility for any loss or damage you may suffer as a result of your use of this website unless that loss comes about as a result of some fraud or serious misconduct on the part of Dynamis.
You are strongly advised to take certified expert professional advice when starting, buying or selling a business.
We do not make any warranty for the reliability, stability or any virus-free nature of any software used on or downloaded from the website, nor that your use of the website will be uninterrupted or error-free.
Dynamis does not conduct any investigations or due diligence into any parties advertising on this Website and can accept no responsibility nor liability whatsoever, for any claims, costs, losses, expenses or damages howsoever arising, including business interruption, loss of profits, loss of anticipated profits, loss of anticipated savings, loss of data or loss of customers, whether direct, indirect or consequential in respect of any omissions or consequences of actions taken by users based on any information, opinions or advice contained within this Website. Nothing in these Terms and Conditions limits Dynamis’ liability for personal injury or death caused by the negligence of Dynamis.
Description of service
Subject to full compliance with the Terms and Conditions, Dynamis may offer to provide certain services and content, as described more fully on the Website, ("Services"). Services shall include, but not be limited to, any service and content Dynamis performs for you, as well as the offering of any materials displayed or performed on the Website (including, but not limited to text, user comments, messages, information, data, graphics, news articles, photographs, images, illustrations, software, audio clips and video clips, also known as the "Content") on the Website. This includes discussion boards, chat, software, our writings, graphics and any and all other features found on the Website. Our content is intended for individual, personal use only. Accordingly, you may make one copy of our content for your personal, non-commercial use, provide that any material copied remains intact and includes the following notice: "Copyright 1996-2008 BusinessWings.co.uk. All rights reserved." Any other copying, distribution, storing or transmission of any kind, or any sort of commercial use of our content is strictly prohibited without the prior written permission of Dynamis.
The Website also incorporates Content provided by the people using the Website.
You may use the Website and Content for personal purposes only. You may not copy or use the Content or permit copying or usage by others, for any commercial purposes whatsoever. You are also not permitted to display, modify or distort the Content or its appearance in any manner.
Dynamis reserves the right at all times to disclose any Content received from you as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request or in accordance with these Terms and Conditions.
Dynamis may change, suspend or discontinue the Services including any Content for any reason, at any time, including the availability of any feature or content. Dynamis may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
Your registration obligations
As a condition to using Services, you are required to register on the Website and select a password and confirm an e-mail address as your unique identification. You shall provide Dynamis with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms and Conditions, which may result in immediate termination of your access to the Services. You may not (i) select or use as an e-mail address of another person with the intent to impersonate that person; (ii) use an e-mail address that is otherwise offensive, vulgar or obscene. Dynamis reserves the right to refuse registration of, or cancel access to you at its discretion. You shall be responsible for maintaining the confidentiality of your Website password.
Services are available only to individuals who are at least 16 years old, whether acting on their own behalf or as an authorized employee or representative of an organisation or other business entity. If you do not so qualify, do not attempt to register for or use the Services.
As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms and Conditions, or any other purpose not reasonably intended by the Website.
By way of example, and not as a limitation, you agree not to use the Services:
- to abuse, harass, threaten, impersonate or intimidate other users on the Website;
- to contribute any Content that is infringing, libellous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party;
- for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content;
- to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Website user;
- to create or submit unwanted email ("Spam") to any other Website users or any URL;
- to violate any laws in your jurisdiction (including but not limited to copyright laws);
- to submit stories or comments linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops), or off-topic content;
- with the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Website for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website; or (iii) bypass any measures we may use to prevent or restrict access to the Website;
- with the intention of artificially inflating or altering the Content, comments, or any other part of the Website or Services, including by way of creating separate user accounts for the purpose of artificially altering Services or participating in any other organized effort that in any way artificially alters the results of the Services.
Dynamis may remove any Content and Accounts at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all. To report abuse relating to the Terms and Conditions, please email: email@example.com
Content submitted or made available for inclusion on the service
As part of the services provided by the Website, users can submit their own articles and submissions which may be published on the Website. If you wish to join our community as an author, you are required to sign up. Please be advised that as an author you will be required to adhere to these Terms and Conditions.
Please be advised that Dynamis is entitled to, at its sole discretion and without a need to explain, edit, erase, revise, postpone and/or deny publication on the Website any user submission. You acknowledge that your submissions do not grant you the right to have such submissions published on the Website nor do they entitle you to receive any remuneration whatsoever with respect thereof.
By posting Content on the Website, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, the Website, its editors, and contractors an irrevocable, perpetual, non-exclusive, royalty-free, fully sub-licensable, fully paid-up, worldwide license to use, copy, modify, edit, publicly display, digitally perform, and distribute your Content and to prepare derivative works of and/or incorporate such articles into other works for display on the Website and/or on such third party sites, partner sites or third party publications as Dynamis may deem appropriate.
Please be further advised that Dynamis is not responsible and will bear no liability whatsoever for any responses, talkback, commentary, or feedback of any kind which may be generated by users of the Website with respect to your submissions. Dynamis does not control and will bear no liability whatsoever for any use of your submissions that may be made by users of the Website.
By uploading, submitting or otherwise disclosing or distributing Content, including artwork, photographs, designs, literature and of any kind at or on the Website or otherwise through the Services, unless source quoted, you represent and warrant that you own all rights in the Content.
You further agree not to provide any Content which may contain viruses or any other technological means which may harm people using the Website, or the interests or property of Dynamis.
Dynamis respects the intellectual property of others. It is Dynamis' policy to respond expeditiously to claims of copyright and other intellectual property infringement. Dynamis will promptly process and investigate notices of alleged infringement and will take appropriate actions under the relevant and applicable intellectual property laws.
Upon receipt of notices, Dynamis may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Dynamis will terminate access for subscribers and account holders who are repeat infringers.
Notifying Dynamis of Copyright Infringement: To provide Dynamis notice of an infringement, you must provide a written communication to the attention of "The Editor, BusinessWings.co.uk, Dynamis House, Sycamore Street, London EC1Y 0SW. United Kingdom." Or at firstname.lastname@example.org. Please note that you may be liable for damages (including costs and legal fees) if you materially misrepresent that an activity is infringing your copyright.
Providing Dynamis with Counter-Notification: If we remove or disable access to content in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected site or content. If you feel that your material does not constitute infringement, you may provide Dynamis with a counter notification by written communication to the attention of "The Editor, BusinessWings.co.uk, Dynamis House, Sycamore Street, London EC1Y 0SW. United Kingdom." Or at email@example.com. Please note that you may be liable for damages (including costs and legal fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking legal advice.
You will indemnify and hold harmless Dynamis, its parents, subsidiaries, affiliates, customers, vendors, officers and employees from any liability, damage or cost (including reasonable legal fees and cost) from (i) any claim or demand made by any third party due to or arising out of your access to the Website, use of the Services, violation of the Terms and Conditions by you, or the infringement by you, or any third party using your account or User ID, of any intellectual property or other right of any person or entity.
You acknowledge that Dynamis has no control over, and no duty to take any action regarding: which users gain access to the Website; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Dynamis from all liability for you having acquired or not acquired Content through the Website. The Website may contain, or direct you to sites containing, information that some people may find inappropriate. Dynamis makes no representations concerning any content contained in or accessed through the Website, and Dynamis will not be responsible or liable for the accuracy, copyright compliance or legality of material contained in or accessed through the Site. The service, content, and site are provided on an "as is" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement.
Intellectual property rights
All intellectual property rights contained on this Website, including any trademarks, design rights, database rights or copyright in any material contained on the Website or rights in any data or underlying software are owned by or licensed to Dynamis. You are not given any right to use any intellectual property rights contained on the Website otherwise than as expressly permitted by Dynamis as communicated on the Website or as expressly agreed in writing by Dynamis. Any transfer, sale, distribution, reproduction, copying or modification of any material (in whole or in part) is strictly prohibited other than with the prior written consent of Dynamis.
Hypertext links and cookies
Where this Website is hypertext linked to any website operated by any third party, Dynamis accepts no responsibility or liability arising in respect of any content, information or transaction on or carried out on such website and you enter such websites at your own risk. The presence of a hypertext link on the Website shall not be deemed to be a recommendation or endorsement of such website by Dynamis.
Third party rights
Save as expressly provided for, nothing in these Terms and Conditions shall create any rights for third parties under the Contracts (Rights of Third Parties) Act 1999 or any equivalent statute or rule of law in any jurisdiction.
Dynamis may terminate or suspend any and all Services and your account immediately, without prior notice or liability, if you breach any of the Terms and Conditions. Upon termination of your account, your right to use the Services will immediately cease.
If you wish to terminate your account, you may simply discontinue using the Services. All provisions of the Terms and Conditions which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
No agency, partnership, joint venture, or employment is created as a result of these Terms and Conditions and you do not have any authority of any kind to Dynamis in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights. Dynamis shall not be liable for any failure to perform its obligations where such failure results from any cause beyond Dynamis’ reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference).
These Terms and Conditions are not assignable, transferable or sub licensable by you except with Dynamis’ prior written consent. Dynamis may transfer, assign or delegate the Terms and Conditions and its rights and obligations without consent.
Any disputes arising with respect to these Terms and Conditions shall be referred to an arbitrator. The arbitrator shall be selected by joint agreement of the parties. In the event the parties cannot agree on an arbitrator within thirty (30) days of the initiating party providing the other party with written notice that it plans to seek arbitration, the parties shall each select an arbitrator affiliated to ACAS to resolve the dispute. The written decision of the arbitrator shall be final and binding on the parties. The arbitration proceeding shall be carried on and heard in London, UK using the English language and pursuant to the rules of ACAS. In any action or proceeding to enforce rights under the Terms and Conditions, the prevailing party will be entitled to recover any related costs and legal fees. Both parties agree that the Terms and Conditions are the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms and Conditions, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.
If any provision in the Terms and Conditions is invalid or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that remaining provisions will continue in full force and effect and enforceable.
Governing law and jurisdiction
Your use of the Website and the Terms and Conditions will be governed in all respects by the law of England and Wales, without giving effect to its conflict of laws provisions, and not by the United Nations Convention on Contracts for the International Sale of Goods. You agree that any action brought against Dynamis arising out of or relating to the Website or these Terms and Conditions may be brought only before the competent courts of England.
Last Updated 22nd May, 2012