Caterlyst Ltd Websites – Terms & Conditions
1.1. This website based service is operated by Caterlyst Limited (Caterlyst), Registered in England no. 05962192. Registered Office: Caterlyst Limited, Suite 14, 5 Hercules Way, Leavesden Park, Watford, Herfordshire, WD25 7GS.
1.2. Your use of the Website and service is subject to the following Terms & Conditions of Use, which you are deemed to accept by using the Website. If you are not prepared to comply with these terms you must leave the website immediately.
The copyright and all other rights in the material on the Website are owned by Caterlyst or are included with the permission of the owner of the rights. No copying or distribution of material on the Website for any commercial or business use is permitted without our prior written consent. No photography, filming, broadcast, alteration or modification of the pages of the Website is permitted without our prior written consent except as may be reasonably necessary to use the Website in good faith. Subject to this paragraph, all rights in material on the Website are reserved to Caterlyst.
3. Prohibited use
You agree not to use the Website or service:
• to create a database (electronic or otherwise) that includes material downloaded or otherwise obtained from the Website.
• to disseminate content on the Website or use the Website for any other commercial purposes (which would include using the Website to promote or encourage the sale of your goods/services);
• to place links on the Website where those links take users to unlawful material or material that contravenes these Terms and Conditions;
• to transmit or re-circulate any material obtained from the Website to any third party except where expressly authorised by Caterlyst;
• in such a way so as to remove the copyright or trade mark notice(s) from any copies of any material made in accordance with these Terms and Conditions;
4. Use of Software
4.1. Copyright in any software that is made available from the Website or service belongs to Caterlyst or its suppliers. Your use of the software is governed by the terms of any licence agreement that may accompany or be included with it. Do not install or use any software unless you agree to such licence agreement.
5. Links to other websites
5.1. You may link to the Website but strictly only on the basis that you do not replicate the pages of the Website, and subject to the following conditions:
5.1.1. you do not create a frame or any other browser or border environment around the Website;
5.1.2. you do not in any way imply any endorsement by Caterlyst other than with its written consent or misrepresent your relationship with Caterlyst;
5.1.3. you do not use any logos or trade marks displayed on the Website without the express written permission of Caterlyst;
5.1.4. you do not link from a website that is not owned by you; and
5.1.5. your website does not contain content that is distasteful, offensive or controversial, that infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
6. Trade Marks
6.1. All Caterlyst trade marks (whether registered or unregistered) and graphics, logos, designs, page headers and button icons are the intellectual property rights of Caterlyst and neither they nor any confusingly similar versions may be used by you including (but not limited to) as part of any trade marks and/or domain names without the prior written consent of Caterlyst other than for the purpose of referring to Caterlyst and its associated brands lawfully and in good faith (only).
7.1. To access certain parts of the Website, Caterlyst will you to have a licence to use the service and to register and provide certain information about yourself. Such registration shall be subject to specific terms of registration. Where you register you also agree to:
7.1.1. provide true, accurate, current and complete information about yourself as prompted by the relevant registration form (such information being the “Registration Data”); and
7.1.2. maintain and promptly update the Registration Data to keep it fully up to date.
7.3. Where you are registered on the Website, you will be allocated a user name and password. These account details must be used solely by you; sharing your user name and password with any other person or making it available to multiple users on a network is strictly prohibited. Accordingly, you agree to:
7.3.1. maintain the security of your user name and password and be fully responsible for all use of the Website made using your user name and password;
7.3.3. ensure that you exit from your website account at the end of each session. Caterlyst cannot and will not be liable for any losses, damages or costs arising from your failure to comply with these requirements.
8.1. Whilst Caterlyst endeavours to ensure that the Website is normally available 24 hours a day, due to the inherent nature of the Internet, errors, interruptions and delays may occur in the service at any time. Accordingly, the Website is provided on an “AS IS” and “AS AVAILABLE” basis without any warranties of any kind and we do not accept any liability arising from any interruption in availability. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for any other reasonable cause.
8.2. You acknowledge that whilst Caterlyst endeavours to ensure that information on the Website and any related material provided to you by Caterlyst, whether by email or otherwise (“the Caterlyst Materials”) is accurate and complete, it is provided only for information, and does not constitute any form of advice or recommendation by Caterlyst.
8.3. Caterlyst will use reasonable endeavours to ensure that the Website does not contain or promulgate any viruses or other malicious code. However, it is recommended that you should virus check all such materials and regularly check for the presence of viruses and other malicious code. Caterlyst excludes to the fullest extent permitted by applicable laws, all liability in connection with any damage or loss caused by computer viruses or other malicious code originating or contracted from the Website.
8.5. Caterlyst will not be liable for any damages (including, without limitation, damages for loss of the profits) arising in contract, tort or otherwise from your use or inability to use the Website or any content or from any action taken (or refrained from being taken) as a result of using the Website or any content of it, including in respect of infringement of third party rights arising from your use of the content.
8.6. Links on the Website to third party websites are provided solely for your convenience. If you use these links, you leave the Website. Caterlyst has not reviewed these third-party websites and does not control and is not responsible for these websites or their content or availability. Caterlyst therefore does not endorse or make any representations about them, or any material found on them, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to the Website, you do so entirely at your own risk. Please note that Caterlyst gives no warranty that links to third party sites on the Site shall be marked as such.
8.7. The Website may from time to time contain advertising and sponsorship. Caterlyst is not responsible for either the content of the material provided by such advertisers and sponsors or their compliance with voluntary or statutory codes or provisions.
9. Suspension of access to the Website and User Indemnities
9.1. If, for any reason, Caterlyst believes that you have not complied with any of these Terms & Conditions it may, at its sole discretion, suspend or cancel your access to all or some of the Website immediately and without giving you any advance notice.
10. Limitation of Caterlyst’s Liability
10.1. Caterlyst will not be liable to you for any loss or damage caused by Caterlyst or its employees or sub-contractors in circumstances where:
10.1.1. there is no breach of a legal duty of care owed to you by Caterlyst (or its employees or sub-contractors); or
10.1.2. such loss or damage is not a reasonably foreseeable result of any such breach; or
10.1.3. in respect of any increase in the loss or damage resulting from your actions.
10.2. Nothing in these Terms & Conditions shall exclude or limit Caterlyst’s liability for:
10.2.1. death or personal injury caused by the negligence of Caterlyst and/or its employees negligence; or
10.2.2. fraudulent misrepresentation by Caterlyst and/or its employees.
11. Variation of these Terms & Conditions of Use
11.1. Caterlyst reserves the right to vary these Terms & Conditions of Use from time to time. Such variations become effective immediately upon the posting of the varied Terms & Conditions on the Website. By continuing to use the Website you will be deemed to accept such variations. You should therefore check the Website from time to time to review the then current Terms & Conditions. These Terms & Conditions were last updated in February 2017.
12.1. These Terms & Conditions shall be governed by, and construed in accordance with, English law and the courts of England and Wales shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms & Conditions unless Haymarket shall elect to bring proceedings in the courts of the country of the user’s residence or of principal place of business.
12.2. These Terms & Conditions, as varied by Caterlyst from time to time form the entire understanding between us. Headings in these Terms & Conditions are for convenience only and will have no legal meaning or affect.
12.3. No delay or indulgence by Caterlyst in enforcing the provisions of these Terms & Conditions shall affect Caterlyst’s rights under them nor shall any waiver of Caterlyst’s rights operate as a waiver of any subsequent breach.
12.4. No right, power or remedy conferred upon or reserved for Caterlyst is exclusive of any other right, power or remedy available to Caterlyst provided either under these Terms & Conditions or as a matter of law and each such right, power or remedy shall be cumulative.
12.5. You may not assign sub-license or otherwise transfer any of your rights or obligations under these Terms & Conditions.
12.6. If any provision of these Terms & Conditions is found to be invalid the invalidity of that provision shall not affect the validity of the remaining provisions of these Terms & Conditions, which shall remain valid and enforceable.
12.7. Nothing in these Terms & Conditions shall operate to exclude liability that cannot as a matter of law be excluded and in particular, and notwithstanding the limitations of liability set out above, our liability for death or personal injury caused by our negligence shall not be excluded or limited in any way.
Updated 21st Sept 2018.