E S E N D A

Website Terms of use

These terms apply to your use of our aggregated demand ecommerce platform and any websites made available from or operated by X4 LTD (Esenda, we, us or our).

1. Scope and information about us

1.1. We are a company registered in England and Wales with company number 10800880. Our registered office at 2-4 Packhorse road, Gerrards Cross, Buckinghamshire, England, SL9 7QE.

1.2. These terms of use apply to your use and enjoyment of the websites that we operate and make available.

1.3. Please read these terms of use carefully, and make sure that you understand them. By continuing to browse the Website you are deemed to have agreed to these terms of use. If you do not agree to be bound by these terms of use, you should stop using the Website immediately.

1.4. You may wish to print a copy of these terms of use for future reference.

2. Definitions and interpretation

2.1. In this Agreement the following terms shall have the following meanings:

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 the Platform or any of our Websites;

Service” means collectively any online facilities, tools, services or information that we make available through the Platform or our Websites either now or in the future;

“System” means any online communications infrastructure that we make available through the Platform or our Websites either now or in the future. This may include, 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 Websites and is not employed by us and acting in the course of their employment with us;

“Websites” means the websites that we make available or operate from time to time including that which you are currently using [www.esenda.com]

3. Changes to these terms of use

We may revise these terms of use at any time by amending this page. You are advised to check this page each time you visit the Platform or any of our Websites to take notice of any changes we may have made, as they are binding on you.

4. Your profile

4.1. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

4.2. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

4.3. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at info@esenda.com

5. Intellectual Property

5.1. All Content included on the Platform or any of our Websites, 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 X4 LTD, our affiliates or our licensors. By continuing to use the Platform or any of our Websites you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other relevant laws.

5.2. Subject to clause 5.3, you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Platform or any of our Websites unless otherwise indicated on the relevant Website or unless given express written permission to do so by us.

5.3. You may print off one copy, and may download extracts, of any page(s) from our Websites for your personal use and you may draw the attention of others within your organisation to content contained on the Platform or posted on our Websites.

5.4. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

5.5. Our status (and that of any identified contributors) as the authors of content on the Platform or our Websites must always be acknowledged.

5.6. You must not use any part of the content on the Platform or our Websites for commercial purposes without obtaining a licence to do so from us or our licensors.

5.7. If you print off, copy or download any Content from the Platform or any part of our Websites in breach of these terms of use, your right to use the Platform and our Websites will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

6. Links to and from other websites

6.1. Our Platform and Websites may contain links to other sites. Unless expressly stated, these other websites are not under our control or that of our affiliates. We assume 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 the Platform or any of our Websites does not imply any endorsement of the sites themselves or of those in control of them.

6.2. Those wishing to place a link to one or more of our Websites on other sites may do so with our prior written permission and, notwithstanding that we may have granted permission, may only do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

6.3. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

6.4. You must not establish a link to the Platform or any of our Websites in any website that is not owned by you or without our prior written permission.

6.5. Neither the Platform nor our Websites may be framed on any other site, nor may you create a link to any part of our site other than the home page.

6.6. We reserve the right to withdraw linking permission without notice.

6.7. Deep linking (i.e. links to specific pages within any of our Websites) requires our express permission. To find out more please contact us by email at info@esenda.com

6.8. If you wish to make any use of Content available on the Platform any of our Websites other than that set out above, please contact info@esenda.com

7. Privacy

Use of the Platform and our Websites is also governed by our Privacy Policy that can found on our website www.esenda.com

8. Disclaimers

8.1. We do not warrant or represent that the Platform or any of our Websites:

8.1.1. will meet your requirements;

8.1.2. are of satisfactory quality;

8.1.3. are fit for a particular purpose,

8.1.4. will not infringe the rights of third parties; or

8.1.5. will be compatible with all systems.

8.2. Except as specifically stated, we do not represent or warrant that the Platform or our Websites or any part of them are secure nor that any information provided on accessible from our Websites will be accurate or free from errors or omissions.

8.3. We make no guarantee of any specific results from the use of the Platform or our Websites.

8.4. Nothing contained on or accessible from the Platform or any part of our Websites is intended to constitute advice and the Content on the Platform and our Websites should not be relied upon when making any decisions or taking any action of any kind.

9. Availability of our websites and the Platform

9.1. Our Websites and the Platform are each provided “as is” and on an “as available” basis. We give no warranty that any services available from our Websites or the Platform will be free of defects and / or faults.

9.2. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

9.3. We aim to update the Platform and our Websites regularly, and their content may change at any time. If the need arises, we may suspend access to the Website and or to the Platform and / or close either or both indefinitely. We will not be liable to you if for any reason any of our Websites or the Platform is unavailable at any time or for any period. Any of the material on any of our Websites or the Platform may be out of date at any given time, and we are under no obligation to update such material.

9.4. We accept no liability for any disruption or non-availability of our Websites or the Platform 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 info restrictions and censorship. You are responsible for making all arrangements necessary for you to have access to our Websites and the Platform.

10. Limitation of liability

10.1. To the maximum extent permitted by law, we accept 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 Platform or our Websites or any information contained therein. Users should be aware that they use the Platform and our Websites and their respective Content at their own risk.

10.2. Nothing in these terms of use excludes or restricts our liability for death or personal injury resulting from any negligence or fraud on our part.

10.3. If you use our Platform or our Websites for commercial or business purposes, you agree that we have no liability to you or the business that you transact for any loss of profit, loss of business, business interruption, or loss of business opportunity.

11. Viruses, hacking and other offences

11.1. You must not misuse any of our Websites or the Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to any of our Websites or the Platform or any servers on which our Website or the Platform may be stored or any server, computer or database connected to any of our Websites or the Platform. You must not attack the Website or the Platform via a denial-of-service attack or a distributed denial-of service attack.

11.2. By breaching this clause 11, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Websites and the Platform will cease immediately.

11.3. We do not guarantee that our Websites or the Platform will be secure or free from bugs or viruses and we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of any of our Websites or the Platform or to your downloading of any material posted on our Websites, or on any website linked to any of them.

12. No waiver

In the event that any party to these terms of use fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

13. Previous terms and conditions

13.1. In the event of any conflict between these terms of use and any prior versions thereof, the provisions of these terms shall prevail unless it is expressly stated otherwise.

14. Notices

All notices or other communications shall be given to us either by post to our trading address or by email to (info@esenda.com). Such communications will be deemed received 3 days after posting if sent by first class post 7 days after posting if sent by airmail, 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.

15. Law and jurisdiction

15.1. If you are a consumer, please note that these terms of use, its subject matter and its formation, are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

15.2. If you are a business, these terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

16. Contact us

To contact us, please email info@esenda.com

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