Terms & Conditions

 

BACKGROUND

This agreement applies as between you, the User of this Website and Vestpod, the owner(s) 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 this Website. If you do not agree to be bound by these Terms and Conditions, you should stop using this Website immediately.

Vestpod may revise these Terms and Conditions at any time by posting an updated version to this web page. You should visit this page periodically to review the most current Terms and Conditions because they are binding on all Users of this 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 any part of this 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;

“Post”

means collectively any action by Users to post, submit, publish, display or transmit to other users or other persons any information through this Website;

“Premises”

Means our place(s) of business located at 71-75 Shelton Street, London WC2H 9JQ;

Service

means collectively any online facilities, tools, services or information that Vestpod makes available through this Website either now or in the future;

System

means any online communications infrastructure that Vestpod makes available through this Website either now or in the future.  This includes, but is not limited to, blog posts, web-based email, message boards and email links;

“User” / “Users”

means any third party that accesses this Website and is not employed by Vestpod and acting in the course of their employment;

“User Contributions”

means collectively Content Posted on or through this Website either now or in the future; and

Vestpod

means Vestpod Ltd, of registered business address 71-75 Shelton Street, London WC2H 9JQ;

“Website”

means the website that you are currently using (Vestpod.com) and any sub-domains of this site (e.g. subdomain.Vestpod.com) unless expressly excluded by their own terms and conditions.

2.             Use of the Service

You must be 16 years of age or older to visit or use this Website in any manner, and, if under the age of 18 or the age of majority as that is defined in your jurisdiction, must use this Website under the supervision of a parent, legal guardian, or other responsible adult.

3.             Intellectual Property

3.1           Subject to the exceptions in Clause 4 of these Terms and Conditions, all Content included on this 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 Vestpod, our affiliates or other relevant third parties.  By continuing to use this 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 this Website unless otherwise indicated on this Website or unless given express written permission to do so by Vestpod.

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 this Website or unless given express written permission to do so by the relevant manufacturer or supplier.

5.             Fair Use of Intellectual Property

Material from this 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 Other Websites

This Website may contain links to other sites.  Unless expressly stated, these sites are not under the control of Vestpod or that of our affiliates.  Vestpod assumes no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.  The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

7.             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 Vestpod.com without prior permission.  Deep linking (i.e. links to specific pages within the site) requires the express permission of Vestpod.  To find out more please contact us by email at hello@vestpod.com or by post to Vestpod Ltd, 71-75 Shelton Street, London WC2H 9JQ.

8.             User Contributions

8.1           When you Post User Contributions on or through this Website, you must comply with the Terms and Conditions.

8.2           Any User Contribution you Post to this Website will be considered non-confidential and non-proprietary. By providing any User Contribution on this Website, you grant us the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

8.3           You represent and warrant that:

8.3.1      You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us;

8.3.2      All of your User Contributions do and will comply with these Terms and Conditions.

8.4           You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Vestpod, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.

8.5           Vestpod is not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of this Website.

9.             Content Standards

9.1           When using the message boards, comment forums, enquiry form or any other System and any and all User Contributions and use of the Services on this Website you should do so in accordance with the following rules:

9.1.1      You must not use obscene or vulgar language;

9.1.2      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;

9.1.3      You must not submit Content that is intended to promote or incite violence;

9.1.4      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;

9.1.5      The means by which you identify yourself must not violate these terms of use or any applicable laws;

9.1.6      You must not impersonate other people, particularly employees and representatives of Vestpod or our affiliates; and

9.1.7      You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.

9.2           You acknowledge that Vestpod reserves the right to monitor any and all communications made to us or using our System.

10.          Monitoring and Enforcement; Termination

10.1        Vestpod has the right to:

10.1.1   Remove or refuse to Post any User Contributions for any reason in our sole discretion.

10.1.2   Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms and Conditions infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of this Website or the public or could create liability for the Company.

10.1.3   Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

10.1.4   Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorised use of this Website.

10.1.5   Terminate or suspend your access to all or part of this Website for any reason, including any violation of these Terms of Use.

10.2        In addition, we will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through this Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

10.3        However, Vestpod does not undertake to review material before it is posted on this Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, Vestpod assumes no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. Vestpod has no liability or responsibility to anyone for performance or non-performance of the activities described in this section.

11.          Copyright Infringement

If you believe that any User Contributions violate your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.

12.          Privacy

Use of this Website is also governed by our Privacy Policy which is incorporated into these Terms and Conditions by this reference.  To view the Privacy Policy, please click on the link above.

13.          Disclaimers

13.1       Vestpod makes no warranty or representation that this 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.

13.2       Vestpod makes no guarantee of any specific results from the use of our Services.

13.3       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.

13.4       No part of this Website is intended to constitute a contractual offer capable of acceptance.

14.          Changes to the Services and these Terms and Conditions

Vestpod reserves the right to change this 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 this Website following the changes.  If Vestpod is required to make any changes to Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.

15.          Availability of this Website

15.1       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.

15.2       Vestpod accepts no liability for any disruption or non-availability of this 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.

16.          Limitation of Liability

16.1       To the maximum extent permitted by law, Vestpod 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 this Website or any information contained therein. Users should be aware that they use this Website and its Content at their own risk.

16.2       Nothing in these Terms and Conditions excludes or restricts Vestpod’s liability for death or personal injury resulting from any negligence or fraud on the part of Vestpod.

16.3       Nothing in these Terms and Conditions excludes or restricts Vestpod’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 this Website.

16.4       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.

17.          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.

18.          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.

19.          Notices

All notices / communications shall be given to us either by post to our Premises (see address above) or by email to hello@vestpod.com.  Such notice will be deemed received three 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.

20.          Law and Jurisdiction

These Terms and Conditions and the relationship between you and Vestpod shall be governed by and construed in accordance with the Laws of England and Wales. You and Vestpod agree to submit to the exclusive jurisdiction of the Courts of England and Wales.