Our Privacy Statement governs our use of your and your customers personal information. Opt In and Membership By using our services you shall be taken as having willingly opted-in and are happy to receive from us or our affiliates information regarding future, similar, services which we or they may feel you would be interested in. For further details see below under " Other Services ". Your may opt-out at any time from receiving any further communications either from us or our affiliates by using our "contact us" service. Alternatively, each communication you receive will give you the ability to opt-out. These terms and conditions are to be read in conjunction with our Privacy Statement which is incorporated by reference and which together with these terms and conditions set out the terms of your membership. Please note that wherever you see in this site a word or expression that is in underlined italics it signifies a link to another part of this site . Your Agreement with us You warrant and undertake as follows: • That you have read and agree to these Terms and Conditions and Privacy Statement and will comply with all conditions applicable to the products you are using. • that any information you give us will not: • Be false, inaccurate or misleading; • Be offensive or menacing, abusive, defamatory, or in breach of copyright, confidence, privacy or any other rights; • Be fraudulent We will co-operate fully with all relevant law authorities and regulators including the police in the event that we become aware of the possibility that any applicable law or regulation has been broken/infringed. We may amend these Terms and Conditions at any time by giving you notice by e-mail or text message or by posting details on our site. Other Services We and others with whom we may have a contractual relationship ("Affiliates") may time to time like to send you (via text message, email or post) details (including advertising) of other promotions which, based on your participation in this service and any related profile you have given us, we feel you might be interested in. EffectiveWeb The effective web 2008 analysis reports are confidential. They are intended for the addressee organisation only. The contents of the analysis reports must not be disclosed, copied or forwarded outside the addressee organisation without the senders consent. Their content is produced in good faith based upon the conditions discovered at the date of the report. Participating Organisations accept that iMedia Marketing Limited has no responsibility or liability for any actions taken as a result of the findings and recommendations given in the report. © Intelligent Media Marketing Ltd 2008 Miscellaneous • if any term or provision set out in these Terms and Conditions shall be held to be illegal or unenforceable, in whole or in part, under any enactment or rule of law, such term or provision or part shall to that extent be deemed not to form part of these Terms and Conditions but the validity and enforceability of the remainder of these Terms and Conditions shall not be effected • we shall not be liable for any delay or for the consequence of any delay in performing any of our obligations under these Terms and Conditions, if such delay is due to any cause whatsoever beyond our reasonable control and we shall be entitled to a reasonable extension of the time for performing such obligations • We do not guarantee continuous, uninterrupted or secure access to this Service. Our web site and the related Service are provided "as is" and as and when available and to the extent permissible by law we exclude all implied warranties, conditions or other terms, whether implied by statute or otherwise, including without limitation any terms as to skill and care or timeliness of performance. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you • We do not seek to limit or exclude our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our servants, agents or employees. Subject to the foregoing, we will not be liable for any economic losses (including without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation or any special, indirect or consequential damages (howsoever arising, including negligence) arising out of or in connection with this Agreement. Some jurisdictions do not allow the exclusion of incidental or consequential damages, so the above exclusion may not apply to you. We shall have no liability of any sort (including liability for negligence) for the acts or omissions of our Affiliates to whom we may refer your personal information (see Privacy Statement) including without prejudice to the generality of the foregoing providers of telecommunications services or for faults in or failures of their networks or equipment. Our liability to you or any third party in any circumstance is limited to the greater of (a) the total paid by you to use this Service in the month prior to the action giving rise to liability, and (b) £100. 6. Please contact us if you have any problem with the Service. We aim to get things right, but accept that there is always scope for improvement. If we cannot immediately resolve your concern ("Concern") over the telephone you agree that you will, at our request, put your Concern to us in writing. You agree that we will then have 21 days from our receiving your written expression of Concern in which to provide our response. You agree that you will not take any further action in respect of your Concern pending the expiry of the 21 day period referred to. You agree that before resorting to legal proceedings in respect of your Concern you will attempt to settle in good faith all disputes and differences which arise between us out of or in connection with your Concern and in event of failure of such discussions, will attempt to settle the same by the use of the procedure known as Alternative Dispute Resolution ("ADR"). Where failure of negotiations in respect of such dispute or difference occurs you agree that we shall together refer such dispute or difference to the School of Psychotherapy and Counseling at Regents College, London ("the School") for resolution in accordance with such of the ADR Procedures offered by the School as the School considers appropriate in all of the circumstances. We and you agree to be bound by the relevant rules of the School relating to the conduct of the relevant ADR Proceedings, as if the same were incorporated in this agreement save always that you agree that our liability shall under no circumstance be greater than that specified in 6 above. Each party shall bear its own costs incurred in the relevant ADR Proceedings, and one half of the fees and expenses of the School, unless a different agreement is reached as part of any settlement arrived at as a result of the relevant ADR Proceedings. • This Agreement cancels all prior agreements between the parties (if any) relating to the subject matter hereof and (except in the case of fraud) also cancels and nullifies all rights (if any) of either party against the other by virtue of all or any of the said prior agreements or any of the provisions thereof, notwithstanding the existence of any provision in any such prior agreement that any such rights or provisions shall survive its termination. |