Posted and effective as of 12th October 2012. Please read this document carefully. It contains important information about your rights and obligations and your access to and use of this website and/or services.
1. Site Operator
In these General Conditions, "VERTU" refers to Vertu Corporation Limited, a company validly organised and existing under the laws of England & Wales, with company number 07753443, having its registered office address at Beacon Hill Road, Church Crookham, Hampshire, GU52 8DY and any entity partly or wholly owned by "VERTU". This website (www.vertu.com) (this "Site") is operated by Vertu. Any correspondence relating to this website should be addressed to Vertu at the above address.
2. Access and use of this Site
BY ACCESSING AND/OR USING THESE VERTU WORLD WIDE WEB PAGES AT THE URL/DOMAIN NAME NOTED ABOVE, YOU ("you"), AS A USER OF THIS SITE, AGREE TO THE FOLLOWING SITE TERMS AND CONDITIONS OF USE (these "Site Terms"), WHICH SUPPLEMENT THE TERMS AND CONDITIONS OF ANY OTHER AGREEMENT(S) YOU MAY HAVE WITH VERTU WHICH ARE APPLICABLE TO YOUR USE OF THIS SITE (SUCH AS SPECIFIC TERMS AND CONDITIONS FOR A SERVICE). IF YOU DO NOT AGREE WITH THESE SITE TERMS, PLEASE DISCONTINUE YOUR USE OF THIS SITE.
These Site Terms are in addition to any terms that may apply to you under a sale agreement or licence or other applicable agreements and terms. Where this Site or part of this Site contains rules, guidelines, codes of conduct, further terms or other directions to you, you undertake that you shall comply with such rules, guidelines etc. In the event of any conflict or inconsistency, these Site Terms shall prevail.
3. Modifications to this Site and these Site Terms
VERTU reserves the right to change these Site Terms and/or other rules, policies or agreements posted on this Site. You are responsible for regularly reviewing these Site Terms, and/or other rules, policies or agreements posted on this Site. Continued use of this Site and transactions in relation to any products or services offered through this Site after any such changes have been made by VERTU shall constitute your consent to such changes. VERTU may change, modify or withdraw access to any products and/or services on this Site at any time, with or without prior notice, and without creating liability for VERTU.
VERTU may also change its marketing materials including online content and terms, or change, modify or withdraw access to, or the content of, its marketing materials and online content and its Site pages at any time, with or without notice, so you should recheck VERTU's legal terms prior to each visit to or use of VERTU's marketing materials or online content.
4. Permitted Use
The use of this Site and the Site content is permitted for private, non-commercial use only. The use of press releases and other documents classified as public is permitted in public communications if the source for the information has been stated. You may electronically copy and print in hard copy any Site content for these permitted purposes, provided that all copyright and proprietary notices (where present) are retained on the Site content and provided further that you make the copies in accordance with Section 6 of these Site Terms.
VERTU reserves the right, at its sole discretion, to refuse your use of this Site and to prevent or restrict access by you immediately and without prior notice if VERTU believes that your conduct seriously violates these Site Terms.
5. Submitted Material
By submitting material to any of our servers, for example, by e-mail or via the VERTU World Wide Web pages, you agree that: (a) the material will not contain any item that is unlawful or otherwise unfit for publication; (b) you will use reasonable efforts to scan and remove any viruses or other contaminating or destructive features before submitting any material; and (c) you own the material or have the unlimited right to provide it to us and VERTU may publish the material free of charge and/or incorporate it or any concepts described in it in our products without accountability or liability (d) you agree not to take action against us in relation to material that you submit and you agree to indemnify us if any third party takes action against us in relation to the material you submit. When submitting material you also automatically grant (or warrant that the owner of such content expressly granted) VERTU, and its designees a perpetual, royalty-free, irrevocable, and non-exclusive right and license to use (including commercial use and exploitation), copy, sub-licence, reproduce, modify, adapt, publish, translate, publicly perform, display and distribute your material (including any ideas, concepts, know-how or techniques contained therein), and create derivative works from and incorporate your material (or any part thereof) into any form, medium, or technology now known or later developed throughout the world. In addition, you warrant that you have the rights necessary to grant such licence and that all so-called "moral rights" in any of your submitted material have been waived. All of your submitted material will be considered non-confidential, not subject to any use restrictions and no such material will be subject to any obligation of confidence on VERTU's part.
VERTU does not and cannot review the content posted and submitted by you on this Site and is not responsible for such content. VERTU may at any time, at its sole discretion, remove any content posted by you.
6. Restricted Use and Copyrights
The contents of these VERTU World Wide Web pages and this Site are copyrighted by VERTU. Any rights not expressly granted herein are reserved. Reproduction, transfer, distribution or storage of part or all of the contents in any form without the prior written permission of VERTU is prohibited except in accordance with the following terms. VERTU consents to you browsing VERTU World Wide Web pages on your computer or printing copies of extracts from these pages for your personal use only and not for redistribution unless consented to in writing by VERTU. Individual documents in our World Wide Web pages may be subject to additional terms indicated in those documents.
VERTU is a registered trademark. VERTU's product names are either trademarks or registered trademarks of VERTU. Other product and company names mentioned herein may be trademarks or trade names of their respective owners. Your access to this Site should not be construed as granting, by implication, estoppel or otherwise, any license or right to use any marks appearing on the Site without the prior written consent of VERTU or the third party owner thereof.
8. Limitation of Liability
This Site and the Site contents are provided as a convenience to you. The contents of VERTU World Wide Web pages are provided on an "as is" and "as available" basis. VERTU does not warrant that its Web pages will be uninterrupted or error-free. VERTU reserves the right to revise the pages or withdraw access to them at any time. NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IS MADE IN RELATION TO THE AVAILABILITY, ACCURACY, RELIABILITY OR CONTENT OF THESE PAGES. VERTU SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR FOR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE AND/OR ANY SERVICE, EVEN IF VERTU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE LIABILITY OF VERTU WOULD IN SUCH CASE BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
9. Managing Content and User Activities
VERTU has the right, but not the obligation, to monitor any content or activity associated with this Site. VERTU may investigate suspect conduct and take any action that it deems appropriate, such as issuing warnings, suspension or termination of service, denying access and/or removal of services, products, content and/or data on this Site.
When you place orders or access your account information on line, we offer the use of a secure server. The secure server software (SSL) encrypts all information you input before it is sent to us. Furthermore, as required by applicable Data Protection Legislation, we follow strict security procedures in the storage and disclosure of information that you have given us, to prevent unauthorised access. Our security procedures mean that we may occasionally request proof of identity before we are able to disclose personal information to you.
11. Links / no endorsements
For your easy accessibility VERTU may include links to sites on the Internet that are owned or operated by third parties. By linking to a third-party site, you shall review and agree to that site's rules of use before using such site. You also agree that VERTU has no control over the content of that site and cannot assume any responsibility for material created or published by such third-party sites. In addition, a link to a non-VERTU site does not imply that VERTU endorses the site or the products or services referenced in such third party site. We do not permit any third-party sites to include any Internet address incorporating the VERTU name and brand or include WebPages and metatags without prior written authorisation.
12. Invalidity of Provisions
If any provision of these Site Terms is held to be unenforceable, the unenforceable provision shall be deemed to be replaced by a valid, enforceable provision that most closely matches the intent of the original provision. This shall not affect the validity or enforceability of the remaining provisions.
13. Limitation Period
Without prejudice to the disclaimers and liability limitations in these Site Terms, no claim or action against VERTU may be brought by any person in relation to or arising out of this Site unless such claim or action is commenced and notified to VERTU in writing within 1 year after the date the cause of action first arose.
VERTU employees and agents are not authorised to vary these Site Terms. Nothing said by any sales or customer relations person on behalf of VERTU should be understood as a variation of these Site Terms or as an authorised, legally binding representation about this Site or the nature or quality of products or services displayed or other Site content. The headings in these Site Terms are for convenience only and shall have no effect on the construction of these Site Terms.
© Vertu 2012. All rights reserved.