By accessing and using the Alwayse Distributor Portal (the “Portal”) you accept these terms and conditions in full. The terms and phrases herein the Distributor Portal Terms And Conditions are defined in the Terms and Conditions of Sale. These are published on the Alwayse website.
Terms of Use
- These terms of use describe the basis on which Alwayse will grant you access and use of the Portal and you agree that these terms are subordinate to any Contract currently in place with Alwayse.
- These terms apply upon your access and use of the Portal and you agree to comply with them.
Licence
- Alwayse grants you a non-exclusive, non-transferable, revocable licence to access and use the Portal during the time there is an active Alwayse Contract in place.
- You acknowledge that the licence Alwayse grants you may not be shared with anyone other than authorised users nominated by you to use the Portal and who have been provided with log in details and a password by Alwayse or your nominated administration user (Authorised Users). You and your Authorised Users must not assign access to any third party without the express permission of Alwayse.
- Alwayse will at all times remain the owner or licensee (if provided under licence by a relevant third party) of all intellectual property rights in the Portal and any reports or other services provided by Alwayse in relation to the Portal. You acknowledge that these terms and conditions do not confer any ownership rights whatsoever in the Portal.
- Upon termination of your Alwayse Contract, your licence and right to access the Portal shall cease at the effective termination date. You shall use reasonable endeavours to deactivate all Authorised Users prior to termination.
Links
- Links to and from other web sites and links to third party websites are provided solely for your convenience. Alwayse has not reviewed these third-party websites and does not control and is not responsible for these websites or their content or availability. If you decide to access any of the third-party websites you do so entirely at your own risk.
Authorised Users
You agree;
- that each Authorised User has permission within your organisation to access and use the Portal and your information;
- to procure that each Authorised User does not use the same password for the Portal as it does for any other portal unless otherwise permitted by Alwayse;
- to ensure any changes to Authorised Users are administered by you or Alwayse;
- not to upload information to the Portal that would cause serious harm to your organisation if it were to be misappropriated.
- not do anything to the Portal that would cause harm to the Portal, Alwayse or other users of the Portal, or would contravene these terms and conditions, including but not limited to uploading malicious content, viruses, etc.
Your Information
- You own the information that you submit to the Portal and you assume any risk of loss. You agree and will ensure that your information is complete, accurate and kept up to date throughout the duration of the use of the Portal.
- You are permitted to print and download extracts from the Portal for your own commercial use on the following basis:
- No documents or related graphics on the Portal are modified in any way;
- No graphics on the Portal are used separately from accompanying text and branding; and
- Unless otherwise stated, the copyright and other intellectual property rights in all material on the Portal (including without limitation photographs and graphical images) are owned by Alwayse.
Permissions
- You grant to Alwayse an irrevocable, unlimited and royalty-free license to use your information uploaded onto the Portal for the purpose of delivering our Customer Contract to you.
- The Distributor accepts the Portal and the availability of the Portal does not form part of the signed Alwayse Contracts.
- Alwayse does not warrant that your use of the Portal, including without limitation, the databases and / or software and your information, will be uninterrupted or error-free, or that the results obtained will be successful or will satisfy your requirements. Alwayse shall conduct routine maintenance of the Portal and during those times, your access will be interrupted.
- We may request the deletion of any information from the Portal if we reasonably believe you have not complied with any obligations under this Contract or any other Contract you have with Alwayse.
- The information made available to you via the Portal shall be at the discretion of Alwayse.
Warranty
- Alwayse does not provide any warranty or assurance in respect of the Portal. Materials are not intended to constitute definitive advice in any specific situation. All implied warranties and conditions are excluded to the maximum extent permitted by applicable law. Alwayse accepts no responsibility for and excludes all liability, to the extent permitted by applicable law, in connection with the access and use of the Portal including but not limited to any liability for errors, inaccuracies, omissions or misleading statements.
- The limits of liability herein do not affect your rights under any other Contract that you may have with Alwayse.
We may suspend or terminate your access to the Portal. Without prejudice to any of your rights under these terms and conditions. This can be done without notice at any time or if you are in breach of these terms and conditions.
Both you and Alwayse will at all times comply with all applicable requirements of the Data Protection Legislation. Together with any additional obligations imposed by applicable laws, rules or regulations in the territory relating to matters of data protection, privacy and security. Please refer to the Alwayse Privacy Policy published on the Alwayse website for more information.
The English courts shall have exclusive jurisdiction over any claim arising from or related to the use of the Portal. English law shall apply to these Distributor Portal Terms And Conditions.