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This Agreement set outs the rights and responsibilities of Mistral Networks Management Ltd and certain rights as between buyers and suppliers using this website. Although it will be for each individual buyer and supplier to negotiate any of the terms relating to a particular transaction between themselves. Save where otherwise expressly stated Mistral Networks Management Ltd acts only as a neutral platform and conduit through which buyers and suppliers can conduct business. Please read this Agreement carefully before accepting it and committing to the purchase of our services and products. By completing the order process for any of the PRoducts or Services provided by us you accept without limitation or qualification all of the terms and conditions in this Agreement.
To keep up to date with the continual expanding and changing nature of commerce we may change these conditions at anytime without notice to you. By your continued access and use of
www.mistral-networks.co.uk you agreed to be bound by the most current version of the conditions of use, and in order to continue using the
www.mistral-networks.co.uk website you will be required to accept any amendment of this Agreement.
1. WEBSITE By accepting this Agreement you warrant that you have the required legal capacity to enter into this Agreement and that the information that you will submit on registration (if registration is applicable) is true and accurate and not misleading. If you are registered on behalf of an Organisation you warrant that you are duly authorised to enter into this Agreement on behalf of such an Organization. We are not responsible for any information provided by an individual or Organization on registration. We cannot and do not confirm that each user is who they claim to be. 1.1 We will not disclose personal contact and payment dates relating to individual users or Organizations other than to buyers and suppliers of www.mistral-networks.co.uk in order to facilitate a transaction or proposed transaction and will use all reasonable endeavours to prevent disclosure of the same by any third parties.
2.1 Every transaction conducted on this website is deemed to be performed in the United Kingdom. All Agreements and all relationships arising out of the use of this website, including all purchasing activity in respect of goods and services are governed by English Law. If you are not resident in England or Wales please be aware that the laws of your country might be different from the laws of England and you accept that any and all transactions and disputes will be governed by the Laws of England.
3.1 Save where specifically set out below Mistral Networks Management Ltd is not an Agent for and does not vouch for those persons, companies and other Organizations whose goods or services may be displayed or referred to in www.mistral-networks.co.uk, nor for the availability, suitability or prices of such goods and services, nor for the legal entitlement, competencies, professional qualifications, trade certifications, or memberships of trade associations of such persons, companies or other Organizations. 3.2 Mistral Networks Management Ltd advises the users to satisfy themselves as to the exact type and nature of goods or services being offered or qualifications held by those persons, companies and other Organizations whose goods or services may be displayed, offered or referred to in www.mistral-networks.co.uk. 3.3 Mistral Networks Management Ltd may make available certain financial information provided by users of this website including information regarding the industries, companies, stocks, investments and securities. Such investment information is for information purposes only and you should not construe it as investment advice or use it for trading or investing purposes. You are strongly advised when making any financial investment decision having already sought appropriate advice from a qualified Financial Advisor. 3.4 Mistral Networks Management Ltd may make available certain information provided by third parties using this website and Mistral Networks Management Ltd recommends that before any such information is used in respect to any issues or questions that you may have relating to medicine, law, accounting or any other profession that you seek advice from a qualified profession.
Mistral Networks
Management Ltd reserve the unilateral right to cancel or withdraw or terminate or suspend entire services where at its sole discretion it believes it has compelling legal or technical reasons to do so (including without limitation technical difficulties experienced by
Mistral Networks Management Ltd or on the internet) and may in its absolute discretion refuse or remove
or withdraw services of which there is a dispute or which are withdrawn by the supplier or manufacturer.
5. MANIPULATION You as a user of the www.mistral-networks.co.uk website agree that you will not manipulate any transaction using the www.mistral-networks.co.uk website or otherwise misuse the service provided by the website in anyway. In particular you will not manipulate the price of any item product or service.
Without limiting any other remedies, we may suspend or terminate your account if you are found by conviction, settlement, insurance investigation, or otherwise, to have engaged in activity in breach of this Agreement, or if you bring the www.mistral-networks.co.uk brand into disrepute.
You are responsible for keeping your user name and password confidential. Once Mistral Networks Management Ltd has provided you with a user name and password only you and your employers are permitted to use it. If you have discovered that another party has gained access to your user name and password you should notify Mistral Networks Management Ltd immediately at service@www.mistral-networks.co.uk and we will issue you with a new user name and password. 7.1 In the event that you have a dispute with one or more other users of this website you agree to release Mistral Networks Management Ltd and its agents and employees from claims, demands and damages whether actual or consequential of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed arising out of or in anyway connected with such dispute. If you have any dispute with any other user of this website you must resolve the dispute with the other user. www.mistral-networks.co.uk is a neutral platform and therefore cannot and will not get involve in such dispute.
Except as expressly provided nothing contained in these provisions or anywhere on
www.mistral-networks.co.uk shall be construed as confirming any Licence under
Mistral Networks Management Ltd's or any third parties intellectual property rights. Upon becoming a user of this website you are granted a limited non-exclusive and non-transferable Licence to access and use the site in accordance with this Agreement.
9. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES 9.1 www.mistral-networks.co.uk is provided by Mistral Networks Management Ltd on an "As is" and "As and when available" basis to users and no representation or warranty of any kind is made to you, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement, arising under statute or under the common law, or from a course of dealing or custom, or trade practice, is made in relation to the accuracy, reliability, completeness, up to date nature or contents of the materials or pages on the site, and Mistral Networks Management Ltd disclaims all responsibility and liability therefrom.
9.2 Save where otherwise expressly stated within these terms and conditions,
Mistral Networks Management Ltd acts only as a medium for users and is not a party to any contract between buyers or sellers entering into transactions through use of this website therefore
www.mistral-networks.co.uk has no control over and accepts no liability for, the quality, accuracy, or legality of the information furnished by the third party including any use, or their capacity to enter into this Agreement. Furthermore, we have no control over whether any supplier will complete the sale of products or services offered, or whether any buyer will complete the purchase of products or services.
10. LIMITATION OF LIABILITY 10.1 Neither Mistral Networks Management Ltd nor its associated content provider Organizations seeks to limit or exclude liability for death or personal injury arising from their negligence. 10.2 Under no circumstances, including but not limited to negligence, shall Mistral Networks Management Ltd be liable for any direct, indirect, incidental or consequential damages and or loss (to include loss of profits, loss of use or loss of data) that result from either:- (i) the use and reliance on www.mistral-networks.co.uk; or (ii) the inability to use www.mistral-networks.co.uk; or (iii) mistakes, omissions, interruption, termination, deletion of files or e-mails, errors, defects, virus, delay in operation, transmission or service response time, or any failure of performance in respect of www.mistral-networks.co.uk including without limitation those arising from acts of God, communications failure, theft, destruction or unauthorised access to www.mistral-networks.co.uk records, programmes or services; or (iv) merchandise, products or services received through or advertised on www.mistral-networks.co.uk and merchandise products or services received through or advertise on any links provided by www.mistral-networks.co.uk; or (v) information or advice received through or advertised on www.mistral-networks.co.uk and information or advice received through or advertised on any links provided on www.mistral-networks.co.uk; or (vi) any information, data, text, messages and other materials that you e-mail, post upload, reproduce, transmit or otherwise distributed using www.mistral-networks.co.uk. 10.3 Without limiting the preceding paragraph, the liability to Mistral Networks Management Ltd under this Agreement (other than in the event of fraudulent misrepresentation or a breach of an implied condition as to title) shall not exceed the amount paid by you to Mistral Networks Management Ltd for access to and use of these services or the site over the past 12 months. 10.4 If any jurisdiction does not allow the exclusion or limitation of liability for consequential or incidental damages, liability is limited to the fullest extent permitted by law. 11. MISCELLANEOUS 11.1 Assignment You may not assign your rights or delegate your duties under this Agreement. 11.2 Merger This Agreement and any documents incorporated by an expressed reference constitute the entire Agreement between the parties with respect to the subject matter hereof. all prior Agreements, understandings, negotiations or representations, whether oral or in writing, relating to the subject matter hereof are superseded and cancelled in their entirety. 11.3 Suspension or discontinuance of service Mistral Networks Management Ltd may suspend or discontinue the operation of this website with or without cause and with or without notice. Mistral Networks Management Ltd may pursue any other remedy legally available to it if you fail to comply with any of your obligations hereunder. 11.4 Waiver Mistral Networks Management Ltd's failure to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time. 11.5 Severance If any provision hereof is adjudged to be invalid, void, or unenforceable, the parties agree that the remaining provisions hereof will not be effected thereby and that the provision in question may be replaced by the lawful provision that most nearly embodies the original intention of the parties, and this Agreement will in any event remain valid and enforceable. 11.6 Force majeur Mistral Networks Management Ltd shall not be liable for any failure to perform its obligations under this Agreement if such failure results from any act of God or other cause beyond its reasonable control (including, without limitation, any mechanical, electronic or communications failure) 11.7 Trade Mark Mistral Networks Management Ltd and the Mistral Networks Management Ltd logo are trade marks of Mistral Networks Management Ltd. No third party shall make any use of such trade marks or any other third party trade marks licence by us on this website without the express written consent of Mistral Networks Management Ltd. 11.8 Accessing third party sites Whilst using www.mistral-networks.co.uk you will likely access third party websites through links displayed on www.mistral-networks.co.uk and links contained on www.mistral-networks.co.uk. Such third party websites are not under the control of Mistral Networks Management Ltd and Mistral Networks Management Ltd is not responsible for the availability of such sites or their contents and Mistral Networks Management Ltd shall not be responsible or liable directly or indirectly for the accuracy, content, timeliness, completeness, legality, reliability, quality, suitability, merchantability, or decency of any information, advice, content, service, product, or merchandise contained in sites linked to www.mistral-networks.co.uk
This Edition of Terms and Conditions is dated
November 2004 |
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