This agreement applies as between you, the User of this Website and Riskcare, the owner of this Website. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
‘Account’ means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;
‘Content’ means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
‘Riskcare’ means Riskcare Limited of 25 Worship Street, London EC2A 2DX;
‘Service’ means collectively any online facilities, tools, services or information that Riskcare makes available through the Website either now or in the future;
‘Services’ means the services available to you through this Website;
‘Premises’ Means our place(s) of business located at 25 Worship Street, London EC2A 2DX;
‘System’ means any online communications infrastructure that Riskcare makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
‘User’ / ‘Users’ means any third party that accesses the Website and is not employed by Riskcare and acting in the course of their employment; and
‘Website’ means the website that you are currently using (www.riskcare.com) and any sub-domains of this site (e.g. subdomain. www.riskcare.co.uk) unless expressly excluded by their own terms and conditions.
2. Business Customers
These Terms and Conditions apply to business customers only.
3. Intellectual Property
3.1 Subject to the exceptions in Clause 4 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Riskcare, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
3.2 Subject to Clause 5 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by Riskcare.
4. Third Party Intellectual Property
4.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
4.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.
5. Fair Use of Intellectual Property
Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
6. Links to this Website
Those wishing to place a link to this Website on other sites may do so only to the home page of the site www.riskcare.com without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of Riskcare. To find out more please contact us by email via the Contact page.
7. Use of Communications Facilities
7.1 When using the enquiry form or any other System on the Website you should do so in accordance with the following rules:
7.1.1 You must not use obscene or vulgar language;
7.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
7.1.3 You must not submit Content that is intended to promote or incite violence;
7.1.4 It is advised that submissions are made using the English language as we may be unable to respond to enquiries submitted in any other languages;
7.1.5 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
7.1.6 You must not impersonate other people, particularly employees and representatives of Riskcare or our affiliates; and
7.1.7 You must not use our System for unauthorised mass-communication such as ‘spam’ or ‘junk mail’.
7.2 You acknowledge that Riskcare reserves the right to monitor any and all communications made to us or using our System.
7.3 You acknowledge that Riskcare may retain copies of any and all communications made to us or using our System.
7.4 You acknowledge that any information you send to us through our System may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.
9.1 Riskcare makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service or Services.
9.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
9.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.
9.4 Whilst Riskcare uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.
10. Changes to the Service and these Terms and Conditions
Riskcare reserves the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes.
11. Availability of the Website
11.1 The Service is provided ‘as is’ and on an ‘as available’ basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
11.2 Riskcare accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
12. Limitation of Liability
12.1 To the maximum extent permitted by law, Riskcare accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.
12.2 Nothing in these Terms and Conditions excludes or restricts Riskcare’s liability for death or personal injury resulting from any negligence or fraud on the part of Riskcare.
12.3 Nothing in these Terms and Conditions excludes or restricts Riskcare’s liability for any direct or indirect loss or damage arising out of the incorrect provision of Services or out of reliance on incorrect information included on the Website.
12.4 Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.
13. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
14. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
15. Third Party Rights
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Riskcare.
16.1 All notices / communications shall be given to us either by post to our Premises (see address above) or by email. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
16.2 Riskcare may from time to time send you information about our products and/or services. If you do not wish to receive such information, please click on the ‘Unsubscribe’ link in any email you receive from us.
17. Law and Jurisdiction
These Terms and Conditions and the relationship between you and Riskcare shall be governed by and construed in accordance with the Law of England and Wales and Riskcare and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.