Terms of Use
Terms And Conditions of Use of The Dryad Global Site
1. Introduction
These terms and conditions (“User Terms “) apply to all persons who access the Site (“User “). By accessing the Site, each User acknowledges acceptance of these terms and conditions. Dryad Global Ltd (“DG “) reserves the right to change these User Terms from time to time at its sole discretion without prior notification. Any change will be deemed to take effect twenty-four (24) hours after posting on the Site and will be deemed to be accepted by Users who continue to access the Site thereafter. In the case of any violation of these User Terms, DG reserves the right to seek all remedies available by law and in equity for such violations.
2. Ownership and Copyright
2.1 All documents, information, or materials (“Information “) on the Site are protected by copyright and, unless indicated otherwise, at all times remain the property of DG. Subject to paragraph 2.2 below, no portion of the Information on the Site may be reproduced in any form, or by any means, without prior written permission from DG. Visitors or users are not permitted to modify, distribute, publish, transmit or create derivative works of any material found on this site for any public or commercial purposes.
2.2 Users shall be permitted to reproduce the information on this Site (but not the computer source or object code or any part thereof, copy or use of which is strictly forbidden) for the purposes of the Users own personal research or private study.). This permission is granted on the basis that: -
• No text or related graphics are modified in any way.
• No graphics are used separately from the corresponding text; and
• All text and graphics are to be clearly and conspicuously marked with DG copyright notice as follows: “Copyright © Dryad Global Ltd.”
2.3 If any User breaches any term of this paragraph 2 this permission to use the Site automatically terminates and he must destroy any downloaded or printed extracts from the Site immediately.
2.4 Any rights not expressly granted in these User Terms are reserved.
3. Trademarks
3.1 The trademarks, logos and service marks (“Marks “) displayed on the Site are the property of DG or other third parties. Users are not permitted to use these Marks without the prior written consent of DG or such third party (as appropriate).
3.2 Any use by DG of third-party Marks on the Site does not imply any sponsorship or endorsement on the part of DG of the products and/or services to which those Marks relate. Such Marks are only used by DG to identify the products and/or services of their respective owners.
4. No Warranty.
4.1 DG makes no warranty or representation as to the suitability of the Information contained or referred to in, or accessible from, the Site (“Site Information “), for any purpose. All Site Information is provided “as is” without warranty of any kind, either express or implied, including but not limited to, all warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. The Site Information could include inaccuracies or typographical errors. Changes are periodically added to the information herein; these changes may be incorporated in new editions of the Site at any time without notice. DG expressly disclaims liability for any errors or omissions in the Site Information contained or referred to in, or accessible from, the Site or any website linked to or from the Site.
4.2 All maps, data and information available on the Site should not be used for navigation purposes.
5. Disclosure; Forward-Looking Statements
Some of the information on the Site may contain projections or other forward-looking statements regarding future events or the future financial performance of DG or companies which exhibit on the Site. We wish to caution you that these statements are only predictions, and that actual events or results may differ materially.
6. Links to and From Third Party Sites
Links to third party websites on the Site are provided solely for your convenience. If you use these links, you leave the Site. DG has not reviewed all of these third-party websites and does not control and is not responsible for these websites or their content or availability. DG therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to the Site, you do so entirely at your own risk.
7. Registration
7.1 Each registration is for a single DG User only. DG does not permit Users to share their usernames or passwords with any other person nor with multiple users on a network.
7.2 It is the Users’ responsibility to keep their password and username secure and not to disclose them to third parties for any purpose. DG accepts no responsibility for any actions caused by a User disclosing his password and/or usernames to third parties.
8. Limitation of Liability
8.1 DG and its officers, directors, shareholders or agents exclude any liability for any amount or kind of loss or damage that may result to you or a third party (including without limitation any direct, indirect, punitive or consequential loss or damage, or any loss of income, profits, goodwill, data, contracts or loss or damage arising from or connected in any way to business interruption and whether in tort, contract or otherwise) in connection with the use or inability to use or the results of use of the Site or any web site linked to or from the Site, including but not limited to viruses that may infect your computer hardware or software.
8.2 Nothing in these User Terms shall exclude or limit DG’s liability for death or personal injury caused by negligence, fraud or any liability which cannot be excluded or limited under applicable law.
8.3 Liability and Indemnity
Nothing in this Agreement shall limit or exclude DG’s liability for:
• death or personal injury caused by its negligence.
• fraud or fraudulent misrepresentation; or
• any other liability which cannot be limited or excluded by applicable law.
It is DG’s standard practice to have a disclaimer on all reports and documentation it issues (whether electronically or otherwise), but in the absence of such disclaimer the Client agrees that the following disclaimer shall apply to every report or document as if it had appeared in full on such report or document.
“Advice given and recommendations made do not constitute a warranty of future results or an assurance against risk. Recommendations are based on information provided by you and other information available at the time of writing/publishing. No express or implied warranty is given in respect of any judgment made or to any changes or unforeseen escalation of any factors affecting any such judgment. Reports are for your benefit only and may not be disclosed to any third parties without our prior written consent. You agree to indemnify us against any liability, costs, expenses, damages and/or loss suffered or incurred as a result of or in connection with any unauthorised disclosure of such documents.”
This does not affect the Client’s right to use the reports, or information provided by DG in provision of the Services, for the purposes set out in this Agreement.
9. Service Access
9.1 While DG endeavours to ensure that the Site is normally available 24 hours a day, DG shall not be liable if for any reason the Site is unavailable at any time for any period.
9.2 Access to the Site may be suspended temporarily and without notice in the case of system failure, maintenance, or repair or for reasons beyond the control of DG.
10. Visitor Material and Conduct
10.1 Users are prohibited from posting or transmitting to or from the Site any material:
• that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
• for which that User has not obtained all necessary licenses and/or approvals; or
• which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
• which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
10.2 No User may misuse the Site (including, without limitation, by hacking).
10.3 DG will fully co-operate with any law enforcement authorities or court order requesting or directing DG to disclose the identity or locate anyone posting any material in breach of paragraphs 10.2 or 10.3 above.
11. Governing Law and Jurisdiction
These User Terms shall be governed by and construed in accordance with the Laws of England and Wales and the parties hereto submit to the exclusive jurisdiction of the English Courts
Purchase Terms
1. Introduction
This legal notice applies to any person who purchases or wishes to purchase Information and Data (“Purchaser”) which is available on the web site under the domain name dryadglobal.com (“Site”) and its affiliates to any correspondence by e-mail between Dryad Global (“DG”) and any Purchaser. Please read these Purchaser Terms carefully before using the Site. Use of the Site as a Purchaser indicates that you accept these terms and conditions. If you do not accept these Purchaser Terms, Please do not use the Site as a Purchaser.
2. Payment Terms for Directory Purchases
2.1 Directories which are made available to all persons who access the Site (“Users”) (“Directories”) can be ordered either by email, by telephone, by letter or by fax.
2.2 Payment for Information and Data which is ordered via email, telephone or fax shall be made at the time the order is placed in real time. Payment for Information and Data which is ordered by letter shall be made within 14 days of receipt by the User of an order confirmation from DG. DG will not be obliged to provide a copy of any relevant Information and Data until payment is received in full.
2.3 All fees quoted are exclusive of UK value added tax (VAT), sales or other taxes, which will be in addition to the fee at the prevailing rate at the time. Countries outside of the European Union and those companies within the European Union which are able to provide DG with a valid EU VAT exemption number are not liable to pay VAT.
2.4 In the event of non-payment for Information and Data under any circumstances the User will be responsible for all costs incurred by DG including without limitation any legal fees incurred. Invoices not paid within thirty days of the invoice date shall be subject to interest at 5% per annum above the UK base rate for Lloyds TSB DGC prevailing from time to time.
3. Returns & Refunds
We unfortunately cannot accept returns of products once they have been delivered. Refunds will not normally be offered; however, all refund requests will be judged on a case-by-case basis at the discretion of the management. Please be sure to read all available information about “Information and Data “ before you place your order.
4. Miscellaneous
4.1 No part of any publication may be reproduced, abstracted, stored in any retrieval system, or transmitted in any form or by any means without written consent of the publisher.
4.2 The Information and Data is provided ‘as is’. No actions including proposals to or agreements with other companies should be taken by any reader without obtaining specific business or legal advice. Neither the publisher nor the author accepts any liability for any actions or activities undertaken by any reader or other third party as a consequence of the review of any publication or for any errors or omissions therein.
4.3 Any failure by any party to exercise or enforce any of its rights under these Purchase Terms shall not be deemed to be a waiver of any such rights or operate so as to bar the subsequent exercise or enforcement of any such right.
4.4 These Purchase Terms represent the entire understanding between DG and the User in relation to their subject matter and supersede all other agreements or representations made by either of us whether oral or written.
4.5 If any part of these Purchase Terms are held to be invalid or unenforceable, the validity or enforceability of the remaining provisions shall not be affected.
5. Law & Jurisdiction
The parties agree that the Courts of England & Wales shall have exclusive jurisdiction to settle any dispute that may arise out of or in connection with these terms.