These terms and conditions (Terms and Conditions of Use) apply to the following websites (collectively referred to as the Websites):
These Terms and Conditions of Use bind you the user, including without limitation any General or Registered User, Subscriber or Employer (the User), with respect to:
- your access to and use of the Websites;
- your access to and use of any other website in any way connected, directly or indirectly, to the Websites to the extent that Terrapinn is or may be connected in any way with, contribute to or control such other websites or their content or to the extent that Terrapinn is or may be held liable to the User or any other person in any way with respect to any other website (Third Party Website); or
- any information, product or service (including any Registered or Subscriber Service) on, from or via the Websites or any Third Party Website.
Each time you access or use the Websites, any Third Party Website or any product or service (including any Registered User or Subscriber service) accessed or supplied from, on, via or by Terrapinn, the Websites or any Third Party Website you agree to be bound by these Terms and Conditions of Use.
These Terms and Conditions of Use apply in addition to and do not derogate from any other terms or conditions that expressly apply to a specific product or service accessed, supplied or provided by or via Terrapinn or any Third Party Website.
If you do not agree with these Terms and Conditions of Use you should not access or use the Websites or any Third Party Website.
Terrapinn may from time to time amend, update or change the Websites or these Terms and Conditions of Use without notice.
You should print out a copy of these Terms and Conditions of Use for your records and it is advised that you periodically check these Terms and Conditions of Use for any amendments or changes that may be made to them from time to time.
The User acknowledges and agrees as follows:
- not to use or otherwise engage in any conduct in any way related to the Websites or any Third Party Websites for any purpose that is illegal or otherwise breaches any law;
- not to use any information, software or any other materials contained in or accessed or obtained from or via the Websites or any Third Party
Websites for any purpose that is illegal or otherwise breaches any law;
- not to use, post or send information or code in any form to or via the Websites for the purpose of causing, or that results in, harm of any kind to any person, the Websites, any Third Party Website, the content of or linked to any of the aforementioned websites or any other property;
- any information provided by the User to Terrapinn or posted or sent to or via any of the Websites or any Third Party Website will be true, accurate, complete and up to date and will not be misleading;
- to be bound by these Terms and Conditions of Use including these Terms and Conditions of Use as amended or changed from time to time.
The Websites are provided “as is” and as far as is permitted by law, Terrapinn excludes all liability for any loss, damage, costs (including all legal costs), expense or liability of any kind, whether direct or indirect and whether due to Terrapinn’s negligence or otherwise, suffered by or to any person arising directly or indirectly out of or in any way related to:
- access to or use of the Websites, any Third Party Websites or any other website;
- access to, use of or reliance on any information, data, software, products or services (including Subscriber Services) in, from or via the Websites or any Third Party Websites;
- the inability to access or the malfunction of the Websites or any Third Party Websites;
- the loss, use or misuse of, or unauthorized access to, any credit card details or other financial information provided by Users to Terrapinn (whether via the Websites or otherwise);
- the failure of Terrapinn or the Websites to complete any transaction for any reason;
- any failure or breach (whether by Terrapinn or any other person) of the Websites’ security protections, mechanisms, protocols and/or procedures; or
- the direct or indirect use of the Websites, any Third Party Websites or any other website by other persons.
Specifically, Terrapinn does not warrant that the Websites (including any Third Party Websites) or the software, data or files contained in, accessed via or linked or referred to in, the Websites are free of viruses (or other deleterious data or programs) or defects or that use of the Websites (including any Third Party Websites) will not cause harm.
Terrapinn makes no representations or warranties with respect to, and accepts no responsibility for, the accuracy, suitability, completeness, content or use of the information accessible from, on or via the Websites, any Third Party Website or any other website.
This general disclaimer is in addition to and is not restricted or modified by any other warnings, limitations and disclaimers contained in these Terms and Conditions of Use.
Suitability of materials
The material on this web site is only of general informational value and does not in any way constitute advice or an approval, recommendation, endorsement or sponsorship by Terrapinn. No person should rely on, or act or refrain from acting solely on the basis of, this material.
In the Websites, any frame, link or reference to or information about other websites (including any Third Party Websites), persons, information or the products or services of any person is produced solely for convenience and is not an endorsement or approval of or a representation of an affiliation with those parties, their views or their products or services.
Terrapinn does not warrant the truthfulness, accuracy, currency, suitability or reliability of any information contained, linked or referred to in the Websites or any other website (including any Third Party Websites).
Emails, messages and other communications
The User takes full responsibility for any information, data or any other material posted on or sent to or via Terrapinn, the Websites or any other person and the User should at all times ensure they are aware of the lawfulness of such information or data. Terrapinn has no obligation to make itself aware of any such information, data or any other material on any of the Websites or provided to Terrapinn or any other person (including for the purposes of the Employment Services).
All messages are sent at the risk of the sender. Terrapinn accepts no liability for the content of transmitted messages, or non-receipt or non-transmission of any message for any reason.
Terrapinn may add information at its discretion to any message sent through or via the Websites. The content of any added information is to be determined at the sole discretion of Terrapinn.
Users of the Websites may not, without Terrapinn’s express permission in writing, transmit to any person on, by or via the Websites any advertising messages or messages of an annoying, offensive or distasteful nature. Users undertake not to send messages to any person who may not wish to receive a message.
Posting or transmitting to, from or via the Websites any unlawful, threatening, defamatory, or obscene material, or any other material that could give rise to any civil or criminal liability under the law, is prohibited.
To the full extent permitted by law Terrapinn is not bound to take any action as a result of any complaint that is received by Terrapinn with respect to the Websites or any information or messages posted on or sent to or via, the Websites or any Third Party Website.
Change to, cessation or cancellation of services or access
Terrapinn reserves the right to, at any time:
- refuse the supply of or access to the Websites or any service (including any Registered User, Subscriber or Employment service) to any person; or
- cancel the Registration or Subscription account of any User.
Terrapinn may modify (including change the form or content of, or the method of delivery for) or discontinue its services including any Registered User, Subscriber or Employment service or the User’s account or subscription, with or without notice, without liability to the User or any other person.
Any decision to modify, discontinue or refuse the supply of or access to its services is at the sole discretion of Terrapinn. Terrapinn accepts no liability for any consequences of any such modification, discontinuance or refusal of any such service.
Registered Users and Subscribers
There are three “User” levels on the Websites as follows:
Level 1: General User – general access to the Websites free of charge and without registration.
Level 2: Registered User – Users that register to receive free newsletters or other content or services that may be available from time to time.
Level 3: Subscribers – subscribers paying for access to Subscriber Services.
Registered Users and Subscribers under level 2 or 3 above acknowledge and agree:
- that they are solely responsible for the protection and confidentiality of any password or User ID that may be issued to or subscribed for by them from time to time (User Password);
- that they will not reveal (or cause to be revealed through any act or omission) their User Password to any other person;
- to immediately notify Terrapinn if their User Password is lost or becomes known to any other person;
- that they are solely responsible for all access to and use of the Websites including any Third Party Websites via their User Password, whether such access or use is by the Registered User or Subscriber or any other person;
- that Registered User or Subscriber services are for one User only and the User will not let any other person use their User Password or any Registered User or Subscriber services; and
- any information they provide to the Websites or Terrapinn at any time becomes the property of Terrapinn.
The Websites offer various subscriber services that consist of access to or the supply or provision of services, content or information not available to General or Registered Users (Subscriber Services).
Any particular terms and conditions attaching to the use of any Subscriber Service are in addition to these Terms and Conditions of Use.
The price of any Subscriber Service is subject to change at any time. You should make sure you are aware of the price of any Subscriber Service before you purchase it.
Subscriber Services are provided on the basis of an annual fee in US$ (unless otherwise indicated) plus any applicable levies, taxes or other statutory charges (Annual Fee).
On completion of the subscription process, Subscribers will be given a 30 day free trial period.
Once the trial period ends, Subscribers will be required to pay the Annual Fee if they wish to continue to use the Subscriber Services. To the full extent permitted by law, no refunds of the Annual Fee or any other fees or charges will be provided.
However, if Terrapinn cancels or discontinues a Subscriber’s use of or access to any Subscriber Service other than due to a breach of these Terms and Conditions of Use, the User will be entitled to a refund of the unused portion of the Annual Fee to be calculated on a pro rata basis.
Job postings and employment services
The Websites may from time to time provide the ability for Users to post job advertisements to the Websites and for other Users to send CVs to prospective recruiters or employers or make applications with respect to a particular job advertisement (Employment Services). A User that posts a job advertisement to one of the Websites must be either the prospective employer or the prospective employer’s representative or agent (Employer).
Users and Employers post information on or send information to Terrapinn, the Websites or any other person at their own risk. Terrapinn does not monitor the information posted by Users or Employers on the Websites and is in no way responsible for the content or publication of such information.
To the full extent permitted by law, Terrapinn excludes all liability (whether due to Terrapinn’s negligence or otherwise) to any person arising directly or indirectly out of or in any way related to:
- any Employment Services;
- the accuracy, truthfulness or suitability of any information posted on or sent to Terrapinn, the Websites or any other person by an Employer or other User;
- the loss of, damage to or misuse by any person of, any information or data posted on or sent to Terrapinn, the Websites or any other person by an Employer or other User; or
- any defamatory information posted on or sent to Terrapinn, the Websites or any other person by an Employer or other User.
Terrapinn reserves the right to remove or cause to be removed any information posted on or sent to Terrapinn or the Websites by an Employer or other User.
All Employers warrant and agree that they:
- comply with all data protection and privacy laws applicable to their activities;
- will only use the User information they access or obtain via the Websites, Employment Services or from a User, for the purposes of assessing and processing job applications; and
- will not post to the Websites any false or misleading information or otherwise use the Employment Services in any way that is misleading, illegal or in breach of any law.
In the event of inconsistency between these Terms and Conditions of Use and any terms and conditions attaching to a particular product or service (including any Registered User, Subscriber or Employment service), these Terms and Conditions of Use take precedence.
Unless otherwise expressly notified by Terrapinn, all intellectual property comprised in the Websites, any software, content, information or any other materials contained in or otherwise connected with the Websites or any Registered User or Subscriber service is the exclusive property of Terrapinn, including without limitation all copyright, patents, designs, trade marks, trade names, logos, goodwill, trade secrets, confidential information, computer programs, electronic circuit layout rights, plant breeders rights and any other similar rights or form of intellectual property or rights of a proprietary nature (Intellectual Property).
Terrapinn reserves all of its rights with respect to all of its Intellectual Property.
Except as otherwise provided by these Terms and Conditions of Use, and to the full extent permitted by law, you may not in any way or by any means reproduce, adapt, communicate, broadcast, decompile, disassemble, download, copy, store, distribute, transmit, print, display, perform, publish or create derivative works or subject matter other than works from, any of Terrapinn’s Intellectual Property without Terrapinn’s prior written consent.
To the full extent permitted by law, any information posted on the Websites or sent to Terrapinn becomes Terrapinn’s property and the User releases and waives all their rights and interest to that information. The User remains liable for any claim by any person for any loss, damages, cost or expense of any kind in any way related to that information.
If you use any of Terrapinn’s trade marks to refer to Terrapinn’s activities, products or services, you must include a statement attributing that trade mark to Terrapinn.
You must not use any of Terrapinn’s trade marks:
- in or as the whole or part of your own or any other trade mark;
- in a manner which may be confusing, misleading or deceptive; or
- in a manner that in Terrapinn’s sole opinion is detrimental to Terrapinn’s reputation or interests or is otherwise inappropriate.
Terrapinn reserves the right to revoke at any time for any reason any license to use its trade marks.
Other product and company names mentioned in the Websites may be the trade marks of other people or entities.
Links and other business relationships
Other than as required by law, Terrapinn makes no representations or warranties whatsoever about any other website which may be accessed through the Websites or any Third Party Website. Links are provided as a courtesy to Users only and in no way should be interpreted as an endorsement or approval of or affiliation with any other website.
Terrapinn is not responsible for any information or opinions published on any website linked or referred to in the Websites or any Third Party Website.
Other websites accessed through links on the Websites or any Third Party Website, or advertisements, their referral buttons or embedded hyperlinks, might contain representations or offers which you can accept by linking to a relevant website and executing a transaction. These are not representations or offers made by Terrapinn and the relevant third party is solely responsible to you for the delivery, condition and suitability of any products or services you purchase by accessing those websites.
Framing, linking and use of Terrapinn trade marks
A person may provide links to the Websites. A person must not use any link in any way that represents or has the effect of representing any approval or endorsement of or affiliation with Terrapinn.
Furthermore a person may not provide a link to the Websites on a website that is in Terrapinn's opinion and at its sole discretion, not appropriate.
In no case may a person provide a link to the Websites from a website that contains sexually explicit or offensive material of any kind.
Terrapinn reserves the right to revoke this licence at any time with or without cause.
Compliance with laws
The User must ensure that their access to the Websites or any Third Party Website is not illegal or prohibited by, and that they at all times comply with, any laws that apply to the User or in the User’s location.
Terrapinn does not warrant that the content of the Websites complies with the laws of any country outside of England. If Users access the Websites or any Third Party Websites from outside of England, they do so at their own risk and accept responsibility for ensuring or confirming compliance with all laws that apply to them as a result of that access or any consequent transactions or dealings with Terrapinn.
No offers where illegality arises
Nothing on the Websites constitutes an offer to provide products or services in any jurisdiction if to do so would contravene the laws of that jurisdiction.
In no event will Terrapinn or its employees, agents, suppliers, or contractors be liable for any loss, damage, cost, expense (including all legal costs) or liability of any kind or character (whether due to Terrapinn’s negligence or otherwise), including without limitation any compensatory, incidental, direct, indirect, special, punitive, exemplary or consequential damages, loss of data, loss of income or profit, loss of or damage to property, loss or denial of service, business interruption, claims of third parties or other losses of any kind or character, even if Terrapinn has been advised of the possibility of such damages or losses, arising out of or in any way connected with the use of or access to the Websites, any Third Party Website or any product or service provided by or via Terrapinn or the Websites.
Terrapinn does not undertake to keep the Websites updated. Terrapinn is not liable to any person for any error or inaccuracy in the information on or connected with the Websites or any other website or if the information is not up to date.
Terrapinn is not liable to Users or any other person if interference with or damage to their computer or computer systems occurs in connection with use of the Websites, any Third Party Websites or a linked website. Users must take their own precautions to ensure that whatever they access, select or use is free of errors, viruses or anything else (such as “worms”, “Trojan horses” or other deleterious data or programs) that may interfere with or damage the operations of any computer or computer systems.
To the full extent permitted by law Terrapinn excludes, whether express or implied, all warranties (including without limitation any implied warranties of merchantability or fitness for a particular purpose), terms, conditions or representations of any kind.
In the event that any warranty cannot by law be excluded, the liability of Terrapinn in any way related to the Websites (or any Third Party Website) including the use of the Websites or any product or service accessed, obtained or purchased via or from Terrapinn or the Websites, is limited at Terrapinn’s sole discretion to:
- the resupply or the repair, or where the product or service cannot be resupplied or repaired the replacement, of the relevant product or service;
- where the relevant product or service in question can not be resupplied, repaired or replaced, the supply of an equivalent (in Terrapinn’s opinion) product or service;
- the purchase price paid by you to Terrapinn for that product or service; or
- where relevant, taking reasonable steps to rectify or stop any malfunction of, inability to access, or instance of unauthorised use of or access to the Websites of which Terrapinn becomes aware.
Prices in US Dollars
Unless otherwise indicated, all prices listed on the Websites are in the currency of the United States of America being US Dollars (US$).
Invitation to treat
Nothing in the Websites, including these Terms and Conditions of Use, is to be construed as an offer to enter into a contract with Terrapinn in relation to the provision of any goods and/or services including the Subscriber Services. The Websites and any goods and services displayed within them are an invitation to treat only.
Terrapinn is only prepared to provide products and services on the terms and conditions outlined in these Terms and Conditions of Use. If you order products or services on other terms or conditions, any supply of the products or services by Terrapinn is by way of counter-offer to you on these Terms and Conditions of Use, which may be accepted by you by accepting the products or services. Any charge by Terrapinn to your nominated credit card or other electronic payment facility is not an acceptance of your offered terms and conditions but is in implementation of Terrapinn’s counter-offer to you. Terrapinn will reverse any charge if you do not accept its counter-offer.
Publishing information about a product or service on the Websites does not ensure its availability and price information is subject to change without notice.
The User (including without limitation any Employer, General or Registered User or Subscriber) hereby irrevocably indemnifies and holds harmless Terrapinn from and against any and all claims, loss, damage, cost (including legal costs on a full indemnity basis), expense or liability to, by or of Terrapinn or any other person arising from or in any way related to:
- any act or omission of the User in breach of these Terms and Conditions of Use;
- any use by the User, whether direct or indirect, of the Websites, any Third Party Website or any other website;
- any act or omission of the User in any way related to the Employment Services;
- any negligence, breach of contract, or other wrongful or unlawful conduct of any kind by or on the part of the User.
Terrapinn can use your feedback
When you send Terrapinn or the Websites any feedback or suggestions about the Websites or Terrapinn’s business, you agree that Terrapinn can use and adapt any ideas, concepts, techniques, words or images contained in the feedback or suggestions for any purpose and without restriction or compensation.
Co-operation with authorities
Terrapinn reserves the right to co-operate fully with any law enforcement authority in any jurisdiction in respect of a lawful direction or request to disclose the identity or other information about anyone posting materials which the authority claims violates any applicable law.
General terms of trade
The disclaimers, liability limitation and indemnity above apply to all transactions effected through, or as a result of accessing, the Websites.
If Users order products or services from Terrapinn through the Websites, the following conditions apply (in addition to, and to the extent these conditions are consistent with, any terms or conditions relating to these products or services appearing elsewhere in these Terms and Conditions of Use, elsewhere on the Websites or otherwise the subject of an agreement between Terrapinn and the User):
- Your order is an offer to buy products or services which Terrapinn may accept, in whole or in part, by providing products or services to you. Any acknowledgment of your order is only to confirm receipt of your transmission, notwithstanding that it might state or imply that your order has been accepted.
- Illustrations and specifications of products or services are indicative only. The actual products or services supplied may differ.
- Where products or services offered through the Websites are supplied by third parties, Terrapinn is an ordering intermediary only and is not responsible for those products or services or their delivery.
- The price is as stated on the Websites at the time of the order.
- Unless otherwise stated, the price excludes any applicable tax or any other government fee, levy or charge and delivery and insurance charges.
- Products and services available through the Websites are subject to change at any time without notice. Listed products or services may not be available immediately or at all. Prices might change if new stock is required.
- You authorise Terrapinn to charge your nominated credit card or other electronic payment facility accepted by Terrapinn with the full price, applicable tax and any other government fee, levy or charge and delivery and insurance charges.
- Terrapinn endeavours to arrange delivery as quickly as possible, subject to availability. However, Terrapinn will not be liable to you if delivery is delayed or products are forwarded to the wrong destination, even if Terrapinn has specified an indicative delivery time.
- Risk in the products passes to you upon delivery by Terrapinn to the carrier commissioned to deliver the products to you (including on delivery to Terrapinn’s telecommunications carrier’s network).
- Title to the products passes to you with the passing of risk or upon the receipt by Terrapinn of full payment of the price, applicable tax and any other government fee, levy or charge and delivery and insurance charges, whichever is the later.
- The provision of products or services to you does not confer on you any intellectual property rights (such as marks, designs, copyright or patents) inherent in the products or services supplied.
- Terrapinn may sub-contract the supply or delivery of products or services at its discretion. Terrapinn is not responsible for the acts or omissions of its sub-contractors.
Any failure by Terrapinn to exercise any right under these Terms and Conditions of Use does not operate as a waiver and the single or partial exercise of any right by Terrapinn does not preclude any other or further exercise of that or any other right by Terrapinn.
No assignment or sublicense
The User may not assign or sublicense any rights granted under or pursuant to these Terms and Conditions of Use.
The rights and remedies of Terrapinn under or pursuant to these Terms and Conditions of Use are in addition to any rights or remedies Terrapinn may have under the general law.
These Terms and Conditions of Use will be governed by and construed under the law of England.
To the full extent permitted by law in the applicable jurisdiction any legal action in relation to these Terms and Conditions of Use against any party or its property may be brought in any court of competent jurisdiction in England.
To the full extent permitted by law in the applicable jurisdiction, each party irrevocably, generally and unconditionally submits to the exclusive jurisdiction of any court specified in this provision in relation to both itself and its property.
All legal content contained on this Website relates only to the laws of England, unless specifically stated otherwise. The laws of England may be different from your laws.
Any provision of these Terms and Conditions of Use which is invalid in any jurisdiction is invalid in that jurisdiction to that extent, without invalidating or affecting the remaining provisions of these Terms and Conditions of Use or the validity of that provision in any other jurisdiction.
For the avoidance of doubt, Terrapinn may, with or without cause, terminate this agreement or any license or agreement arising under or pursuant to these Terms and Conditions of Use, at any time.
The parties agree that the Terms and Conditions of Use have been prepared in English and to the extent any translation of these Terms and Conditions of Use is necessary, such interpretation must be consistent with the English meaning of these Terms and Conditions of Use.
In these Terms and Conditions of Use a reference to Terrapinn is a reference to Terrapinn Limited Reg No 2778638 a company incorporated in England, and where applicable, the Websites.
If you wish to contact Terrapinn please contact Ms Sharon Roessen as follows:
Mr Andrew Ewer
Terrapinn Holdings Ltd
Wren House, 43 Hatton Garden
London EC1N 8EL
Phone, fax or email:
Tel: +44 (0)20 7608 7084
Fax: +44 (0)20 7608 7040
Email: [email protected]
In these Terms and Conditions of Use unless the context otherwise requires:
- headings are for reference purposes only;
- the singular includes the plural and vice versa;
- reference to a person includes a company or any other entity recognised by law and vice versa;
- where a word or phrase is defined its other grammatical forms have a corresponding meaning;
- the use of the word includes or including is not to be taken as limiting the meaning of the words preceding it; and
- an agreement, representation or warranty on the part of two or more persons is for the benefit of them jointly and severally.