Acceptance of Terms
These ToU are entered into between you and Cadogan Tate and govern your use of the Website. By using the Website, you acknowledge and agree to these ToU. Please read these ToU carefully. If you do not accept and agree to be bound by these ToU, then please discontinue use of the Website.
Cadogan Tate reserves the right to unilaterally update the ToU at any time without notice. Your use of this Site after such changes are implemented constitutes your acknowledgement and acceptance of the changes. Please consult these ToU regularly.
Access to the Website
Cadogan Tate may amend or discontinue the Website at any time in its sole discretion. Cadogan Tate may also withdraw, suspend, or restrict your access to all or parts of the Website at any time in its sole discretion, with or without notice. Cadogan Tate shall not be liable if, for any reason, the Website is discontinued or amended or your access to the Website is withdrawn, suspended, or restricted.
The Website is intended solely for users who are 16 years of age or older. It is a violation of these ToU for anyone under 16 years of age to use the Website. By using the Website, you represent and warrant to Cadogan Tate that you are 16 years of age or older.
Description of the Services
Cadogan Tate provides you with access to a variety of resources (the “Services”) including general information, message and/or communication facilities, downloads, and calendars, etc. The Services may include a Members Only section that can be accessed only by Cadogan Tate’s staff and registered user members. The Services, including any updates, enhancements, new features, and/or the addition of any new web properties, are subject to these ToU.
The Services may include a Members Only section that can be accessed only by Cadogan Tate’s staff and registered user members. If you choose or are provided with a username, password, or other log-in information in connection with your use of the Member only section of the Website, then you must treat such information as confidential and not disclose it to any other person or entity. You will be responsible for maintaining the confidentiality of your log-in information and for any and all actions taken using such information.
If your access to the Members only section of the Website includes access for more than one user or allows you to create/register sub-users with access to all or part of your Members only account, you must designate an administrator for your account. This account administrator will be solely responsible for registering additional users or sub-users for your account and interact with Cadogan Tate in this respect.
You will be solely responsible for the use of your Members only account by all your registered users and sub-users and for the level of access rights of these users, additional users or sub-users to your account. Cadogan Tate shall not be liable or responsible for any unintended use or access to your account by additional users or sub-users or errors in access rights levels or permission settings of additional users or sub-users on your account. Your will always be responsible for compliance of your registered users and sub-users with these ToU as well as for the security of their login credentials.
You must notify Cadogan Tate immediately of any unauthorised use of your (or your users/sub-users) log-in information. Such notifications must be sent to Cadogan Tate IT at IT@cadogantate.com.
Use of Content
All material included on the Website, including but not limited to text, documents, white papers, graphics, images, photographs, videos, audio clips, digital downloads, data compilation, logos, software, forums, polls, etc. (the “Content”) is the property of Cadogan Tate and/or third party licensors and is protected by UK and international copyrights laws. Modification or use of the Content except as provided in these ToU violates Cadogan Tate’s or its licensor’s intellectual property.
The use of the Content is for informational and non-commercial or personal use only. You may not modify any content, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, post on any network, broadcast in any media or sell any information, software, products or services obtained from the Services without the prior written consent of Cadogan Tate or its licensors, except that you may:
- temporarily store copies of the Website and the Contents on your computer and other electronic devices in RAM incidental to your use of the Website and the Contents;
- store files that are automatically cached by your internet browser to enhance the display of the Website and the Contents;
- download, print and use pages from the Website and the Content for your own personal, informational and non-commercial use and not for further reproduction, publication, or distribution; If you make copies of the Website or the Content, then you may not subsequently modify that copy or delete or alter any copyright, trademark, or other proprietary rights from that copy. If you use, copy, or modify the Website or the Content in breach of these ToU, then: (i) your right to use the Website and the Content will cease immediately; (ii) you must, at Cadogan Tate’s option, return or destroy any copies of the Website or the Content that you have made; and (iii) you may be subject to civil and criminal penalties. If you wish to use the Website or the Content other than as set forth in this Section, please contact Cadogan Tate at IT@cadogantate.com.
- you may download applications from the Website to your computer and other electronic devices for your own personal use, provided you accept and agree to be bound by the applicable end-use license agreements; and
- you may enable your computer and other electronic devices to interact with social media features provided on the Website.
Unlawful or Prohibited Use
As a condition of your use of the Website, you will not use the Website for any purpose that is unlawful or prohibited by other rules, regulations or these ToU, such as;
- engage in any activities through or in connection with the Website that seek to attempt to harm minors or are unlawful, offensive, obscene, pornographic, threatening, harassing, abusive or that violates any rights of third parties;
- use the Services in any manner that could damage, disable, overburden, or impair the Website, or interfere with any other party’s use and enjoyment of the Website, the Content or the Services, such as using any robot, “bot,” spider, crawler, spyware, engine, device,
software, extraction tool or any other automatic device, utility or manual process of any kind to monitor, gather or copy the Website or the Content;
- attempt to gain unauthorized access to any Services, Content, other accounts, computer systems or networks connected to any Cadogan Tate server or to any of the Services, through hacking, password mining or any other means;
- Attempt to circumvent the security systems of the Website;
- Engage in activities that interfere with other user access to the Website or the proper operation of the Website;
- Impersonate or attempt to impersonate Cadogan Tate, a Cadogan Tate employee or any other person or entity;
- Introduce any malicious software, including viruses, trojan horses, worms, logic bombs to Cadogan Tate, the Website or any database or computer connected to the Website;
- Attack the Website with a direct or distributed denial-of- service (DoS) attack; and
- Attempt to use the Website for any purposes other than those intended by Cadogan Tate, as determined by Cadogan Tate at its sole discretion, or obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
The Website may contain message boards, forums, calendars and/or other interactive features, which allow users of the Website to post, publish, add or transmit content or materials on or through the Website, including its Members only section (collectively, “User Contributions”).
All User Contributions must comply with the Content Standards set forth below and will be considered non-confidential and non-proprietary. By providing User Contributions, you grant to Cadogan Tate and its successors and assigns, a non-exclusive, world-wide, royalty-free, sub-licensable license to use, copy, reproduce, distribute, modify, display, perform, republish, download, store, and transmit to third parties such User Contributions for any lawful purpose. By providing User Contributions, you also represent and warrant to Cadogan Tate that: (i) you own or control all rights in and to such User Contributions and have the right to grant the foregoing license; and (ii) all such User Contributions comply with these ToU.
You are responsible for User Contributions that you provide, including the legality, reliability, accuracy, and appropriateness of any such User Contributions. Cadogan Tate do not endorse and is not responsible or liable to any third party for the content of any User Contributions. Cadogan Tate cannot review all User Contributions before they are posted on the Website. Therefore, Cadogan Tate assumes no responsibility for any action or inaction regarding User Contributions.
“Content Standards”: User Contributions must comply with these ToU and all applicable laws, rules, and regulations. Without limiting the foregoing, User Contributions may not:
- contain any material that is defamatory, obscene, pornographic, indecent, profane, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
- promote violence, harassment, or discrimination based on any grounds, including, without limitation, sex, race, gender, ethnic or social origin, religion or belief, political or any other opinion, age, or sexual orientation;
- infringe any patent, trademark, copyright, or other intellectual property right;
- promote any illegal activity;
- involve contests, sweepstakes, or other marketing or promotions; or
- give the impression that they emanate from or are endorsed by Cadogan Tate.
Monitoring and enforcement: Cadogan Tate may, at any time, in its sole discretion and without notice:
- remove or refuse to post or accept any User Contributions;
- take any action with respect to any User Contributions that Cadogan Tate deems necessary or appropriate, including, without limitation, referral to law enforcement authorities; and
- disclose your identity and certain Personal Data to any: (i) third party who claims that your User Contributions violate their legal rights; (ii) law enforcement authority that requests such information in connection with your User Contributions; or (iii) third party pursuant to a court order.
You may link to the Website provided that you comply with all the following conditions:
- It complies with these ToU;
- It does not interfere with, damage or disrupt the Websiteor the Content;
- It does not portray Cadogan Tate or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner; and
- It does not suggest any association with, approval of, orendorsement by Cadogan Tate without our prior written consent.
Links to other websites in the Website do not imply an endorsement of the materials disseminated at those websites, nor does the existence of a link to another site imply that the organization or person publishing at that site endorses any of the materials at this site. Links to other websites are provided by Cadogan Tate as a convenience to its users. Cadogan Tate is not responsible for the materials contained at any website linked to this site.
Reliance on the Content
The Content is provided for general information purposes only. Cadogan Tate does not represent or warrant the accuracy, completeness, or usefulness of the Content. Any reliance you place on the Content is strictly at your own risk. Cadogan Tate disclaims all liability arising from any reliance placed on the Content by you or anyone who may be informed of the Content.
The Website may contain Content provided by third-parties. All statements provided in such third party Content are solely the statements of the party providing them. Such statements do not necessarily reflect the opinion or position of Cadogan Tate.
The Website is provided by Cadogan Tate on an “as is” and “as available” basis.
Cadogan Tate makes no warranties or representations of any kind that the Services or the Content in the Website will be uninterrupted, error-free, or that the Website or the server that hosts the Website are free from viruses or other forms of harmful computer code. You are responsible for implementing sufficient procedures and appropriate administrative, technical, and physical security controls to satisfy your particular requirements for virus, data and privacy protection. You are also responsible for maintaining means, other than the Website, to retrieve or reconstruct lost data. Cadogan Tate shall not be liable for any loss or damage caused by a virus, DoS attack, or other technologically harmful material that may infect your computer, device, programs, software, or data due to your use of the Website or any website linked to the Website. Your use of the Website and the Content is at your own risk.
All Content is provided “as is,” and Cadogan Tate makes no representations or warranties of any kind, express or implied, related to the Website or the Content, including but not limited to implied warranty on merchantability, fitness for a particular purpose, title, or non-infringement. Cadogan Tate does not warrant that the Content is, accurate, reliable, up to date or correct, nor that the Website will be available at any particular time.
Limitation of Liability
Neither Cadogan Tate, nor any of its affiliates, shareholders, directors, officers, employees, agents, successors, assigns, licensors, insurers, or service providers shall be liable for any damages of any kind, under any legal theory, arising out of or in connection with your use or inability to use the Website, the Content, or any website linked to the Website. Cadogan Tate hereby disclaims all direct, indirect, special, incidental, consequential, and punitive damages, including, without limitation, loss of use, loss of goodwill, loss of data, caused by your use or inability to use the Website, the Content, or any website liked to the Website, even if such damages were foreseeable. The foregoing does not affect any liability that cannot be excluded or limited under applicable law.
Your acceptance of this limitation of liability is an essential term of this agreement and you acknowledge that Cadogan Tate would not grant access to the Website or the Content without your agreement to this term.
With respect to goods or services purchased directly from Cadogan Tate through the Website or otherwise, Cadogan Tate’s liability is expressly limited by its standard conditions of business which vary according to jurisdiction, customer and service type. Please enquire with your local office to discover which contract terms apply to you.
You shall indemnify, defend, and hold Cadogan Tate, its affiliates, shareholders, directors, officers, employees, agents, successors, assigns, licensors, insurers, and services providers, harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or related to your violation of these ToU, including, without limitation, your User Contributions or use of the Content.
Governing Law, Jurisdiction, and Venue.
These ToU are governed by the laws of England and Wales. Any conflict, controversy, or dispute regarding the Website, the Contents, or these ToU must be resolved in accordance with such laws and exclusively in a court of competent jurisdiction located in London, England. You hereby consent, irrevocably and unconditionally, to the jurisdiction and venue of such courts.
Waiver and Severability.
If any provision of these ToU is deemed by a court of competent jurisdiction to be invalid or unenforceable, then it will be severed from these ToU and the legality, validity, and enforceability of the remaining provisions will not be affected thereby. Any delay or failure to enforce any provision of these ToU will not constitute a waiver thereof or of any other provision.
These ToU constitute the entire agreement between you and Cadogan Tate regarding the Website and the Content and supersedes all prior agreements and understandings, whether oral or written, with respect thereto.