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WEBSITE TERMS & CONDITIONS IMPORTANT LEGAL NOTICE ATTENTION: THIS LEGAL NOTICE APPLIES TO THE ENTIRE CONTENTS OF THIS WEBSITE UNDER THE DOMAIN NAME WWW.THE-GAUNTLET.COM (THE "WEBSITE") AND TO ANY CORRESPONDENCE BY E-MAIL BETWEEN US AND YOU. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE. USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS REGARDLESS OF WHETHER OR NOT YOU CHOOSE TO REGISTER WITH US. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEBSITE. THIS NOTICE IS ISSUED BY LIBRARY HOUSE LIMITED ("LIBRARY HOUSE"). 1 INTRODUCTION 1.1 You will be able to access some areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register. 1.2 By accessing any part of this Website, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave this Website immediately. 1.3 Library House may revise this legal notice at any time by updating this posting. You should check this legal notice each time you use this Website from time to time to review the then current legal notice, because it is binding on you on each such visit. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages on other parts of this Website. 2 REGISTRATION 2.1 You may choose to register on this Website to take part in "The Gauntlet", an online service for analysing the suitability of a business for inward investment ("the Service"). An explanation of the Service, and the registration requirements are set out more fully on the Website under the "Registration" section. Use of the Service may in certain circumstances require the payment of a fee by the user. As part of the registration process you will be advised whether a fee is payable in your particular circumstances. If a fee is payable, you will be given the opportunity of withdrawing from the registration process at that time at no cost to you. If, having been given the opportunity to withdraw, you elect to continue to register for the Service and pay any such fee, a contract will be created between us and you will have lost your ability to cancel your registration and withdraw from the contract so created. Nor will you be entitled to recover the fee paid (whether under the Consumer Protection (Distance Selling) Regulations or otherwise). 2.2 Each registration is for a single right to use only which right to use is concluded when the system generates a "report card" signalling completion. Library House does not permit you to share your user name and password with any other person nor with multiple users on a network unless they are fellow members of any team or group represented by your submission to the Service. 2.3 Responsibility for the security of any passwords issued rests with you. 3 LICENCE 3.1 You are permitted to print and download certain extracts on this Website, where specifically stated, (including these terms and conditions, the privacy policy and certain reports from the Service) for your own use on the following basis: 3.1.1 no documents or related graphics on this Website are modified in any way; 3.1.2 no graphics on this Website are used separately from accompanying text; and 3.1.3 any relevant copyright and trade mark notices on such extracts appear in all copies. 3.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned Library House or its licensors. For the purposes of this legal notice, any use of extracts from this Website other than in accordance with paragraph 3.1 above for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website. 3.3 Subject to paragraph 3.1 no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without the Company's prior written permission. 3.4 Any rights not expressly granted in these terms are reserved. 4 SERVICE ACCESS 4.1 While Library House endeavours to ensure that this Website is normally available 24 hours a day, Library House will not be liable if for any reason this Website is unavailable at any time or for any period. 4.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the control of Library House. 5 VISITOR MATERIAL AND CONDUCT 5.1 Other than Personally Identifiable Information, which is explained and covered under the Privacy Policy set out in clause 11 any material you transmit or post to this Website will be considered non-confidential and non-proprietary. Library House will have no obligations with respect to such material. Library House and its designees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes. If, notwithstanding the above, you do possess copyright, or any other rights, in any information (other than Personally Identifiable Information) submitted to the Website, then by so submitting such information you grant to Library House an irrevocable, perpetual, royalty free licence to Library House to use such information and republish or reproduce it as we see fit. Notwithstanding the rights contained in this clause, or clause 3.2, Library House does not seek or claim any rights to any underlying intellectual property represented by any information submitted by you to the Website. 5.2 You are prohibited from posting or transmitting to or from this Website any material: - 5.2.1 that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; 5.2.2 for which you have not obtained all necessary licences and/or approvals; 5.2.3 which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or 5.2.4 which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data). 5.3 You may not misuse the Website (including, without limitation, by hacking). 5.4 Library House will fully co-operate with any law enforcement authorities or court order requesting or directing Library House to disclose the identity or locate anyone posting any material in breach of paragraphs 5.2 or 5.3. 6 LINKS TO AND FROM OTHER WEBSITES 6.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. Library House has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. Library House therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so at your own risk. 7 DISCLAIMER 7.1 While Library House endeavours to ensure that the information on this Website is correct, Library House does not warrant the accuracy and completeness of the material on this Website. Library House may make changes to the material on this Website at any time without notice. The material on this Website may be out of date, and Library House makes no commitment to update such material. 7.2 The material on this Website is provided "as is" without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, Library House provides you with this Website on the basis that Library House excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for this legal notice might have effect in relation to this Website. 8 LIABILITY 8.1 Library House, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website. Nothing in this legal notice shall exclude or limit Library House's liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law. 8.2 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof. 9 NOTICES AND COMMUNICATION 9.1 Any notices or communications in respect of this Website of the Service (including any complaints), should be directed to: Library House Limited Company Registration Number: 04364079 Address: 4th Floor, Kett House, Station Road, Cambridge CB1 2JX Phone: 01223 500 550 Email: gauntlet@libraryhouse.net 10 GOVERNING LAW AND JURISDICTION 10.1 This legal notice shall be governed by and construed in accordance with English law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the English courts. 11 PRIVACY 11.1 Library House Limited ("Library House") is committed to preserving the privacy of all visitors to www.the-gauntlet.com. Please read the following privacy policy to understand how we use and protect the information that you provide to us. By registering on this Website, you consent to the collection, use and transfer of your information under the terms of this policy. 11.2 When you visit or register on www.the-gaunlet.com you may, in addition to providing information about your business, be asked to provide certain information about yourself including your name, contact details, and credit or debit card information (all being "Personally Identifiable Information"). We may also collect information about your usage of our website as well as information about you from messages you post to the website and e-mails or letters you send to us. 11.3 Your Personally Identifiable Information will enable us to provide you with access to all parts of our site and to supply services you have requested. It may also enable us to bill you and to contact you where necessary concerning your use of the website. We will also use and analyse the information we collect so that we can administer, support, improve and develop our business. In particular, we may use your Personally Identifiable Information to contact you for your views on our services and to notify you occasionally about important changes or developments to the site or our services. We may contact you by post, telephone or fax, as well as by e-mail. If you change your mind about being contacted in the future, or if at any time you wish any information held by us about you to be deleted from our database, please let us know. 11.4 The Personally Identifiable Information you provide to us, other than credit or debit card information (which information shall be called "Card Information" for the purposes of sub-clause 11.5) will will be held on our computers and may be accessed by or given to our staff, third parties who are members of Library House, who may use such information for the purposes of identifying investment opportunities, or for business and market analysis purposes. In addition, where your use of our website has been sponsored by a third party, we shall be entitled to disclose such information to such sponsor. Where such information is provided by you to Library House in conjunction with a business competition or marketing event, Library House shall be entitled to disclose such information to the judges, interviewers, organisers or participants involved in such activity. 11.5 In respect of Card Information, it will also be held by us on our computers, and may be accessed by our staff. It may also be provided to third parties we engage to act for us solely for the purposes of processing credit and debit card payments, and where required, providing support services in relation thereto. 11.6 If our business enters into a joint venture with or is sold to or merged with another business entity, your Personally Identifiable Information may be disclosed to our new business partners or owners. 11.7 Countries outside the European Economic Area do not always have strong data protection laws. However, we will always take steps to ensure that your Personally Identifiable Information is used by third parties in accordance with this policy. 11.8 Unless required to do so by law, or otherwise set out in these terms and conditions, we will not otherwise share, sell or distribute any of the Personally Identifiable Information you provide to us without your consent. 11.9 Cookies are small amounts of information which we store on your computer. Unless you have indicated your objection when disclosing your details to us, our system will issue cookies to your computer when you log on to the site. Cookies make it easier for you to log on to and use the site during future visits. They also allow us to monitor website traffic and to personalise the content of the site for you. You may set up your computer to reject cookies although, in that case, you may not be able to use certain features on our site. If you do not wish to receive cookies in the future, please let us know. 11.10 We employ security measures to protect your Personally Identifiable Information from access by unauthorised persons and against unlawful processing, accidental loss, destruction and damage. We will retain your Personally Identifiable Information for a reasonable period or as long as the law requires. 11.11 You are entitled to see the Personally Identifiable Information held about you and you may ask us to make any necessary changes to ensure that it is accurate and kept up to date. If you wish to do this, please contact us. We are entitled by law to charge a fee of £10 to meet our costs in providing you with details of the information we hold about you. 11.12 Any changes to our privacy policy in the future will be posted to this site and, where appropriate, through e-mail notification. 11.13 All comments, queries and requests relating to our use of your Personally Identifiable Information are welcomed and should be addressed to Library House at the address set out in clause 9 for the attention of Gauntlet Project Manager. Issue Date: 22 May 2005
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Terms & Conditions