Terms & Conditions
The purpose of the Phoenix Guardians Ltd (“the Website”) is to provide you with information, services and facilities about Phoenix Guardians Ltd and its related service provision collaborations and initiatives. By accessing any of the pages on the Website and/or using any of the services available on the Website you agree to comply with the Terms & Conditions set out below, or as otherwise amended at the time of your visit to and/or use of the Website.
If you do not agree with these Terms & Conditions do not make any use of the Website and leave it immediately.
1.1 The Website is owned and operated by Phoenix Guardians Ltd whose address is Kemp House, 152 – 160 City Road, London, EC1V 2NX
1.2 We have taken care in the preparation of the Website. However, as certain technical matters may be beyond our control, we cannot guarantee that you will have uninterrupted access to the Website at all times.
Use of Content
2.1 All copyright and all other intellectual property rights (including, but not limited to, copyright) in all text, images, sound, software, service marks, logos and other materials on the pages of the Website (“the Content”) are owned by Phoenix Guardians Ltd, or are reproduced on the Website with permission of the relevant rights owner.
2.2 The Content may not be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without Phoenix Guardians Ltd prior written consent, except as stated at 2.3 below.
2.3 You may read, view, print, download and (where appropriate) listen to the Content of an individual page for private and personal non-commercial use only PROVIDED THAT all copyright, trade mark and other proprietary notices contained in the original Content on any copy of such Content is retained, but you may not make more than one (1) copy electronically or otherwise of any of the Content and you may not re-copy or further distribute, sell, publish or transmit any part of the Content by electronic or any other means.
2.4 You agree not to sell, resell, supply or otherwise make the Content or extracts or other information derived therefrom available in any manner or on any media whatsoever to any third party without the express prior written consent of Phoenix Guardians Ltd.
2.5 The names, images and logos identifying Phoenix Guardians Ltd, its projects, products and services, or those of third parties, are the proprietary marks of Phoenix Guardians Ltd, and/or may be the proprietary marks of third parties. Any use made of these marks may be an infringement of rights in those marks and Phoenix Guardians Ltd reserves all rights to enforce such rights that it might have.
You agree not to use the Website or it’s email facilities to:
(a) e-mail or otherwise transmit any material, the publication, dissemination, use or possession of which infringes the rights of any person or which is unlawful in any other respect;
(b) in any manner which could damage, disable, overburden, or impair the Website;
(c) make available personal data about any person other than yourself, unless you have gained prior permission to do so;
(d) obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website;
(e) impersonate any other person or entity (including, but not limited to, a staff member, or forum leader) or to provide false or inaccurate information;
(f) in any way which is threatening, harmful, abusive, vulgar, racist, sexist, ageist or otherwise discriminatory, defamatory, sexually orientated, hateful, invasive of another’s privacy or obscene, or which will (or potentially will) harass, distress, embarrass or inconvenience or be objectionable by any Phoenix Guardians staff member or person associated with it’s business;
(g) Website or e-mail or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation or commercial exploitation;
(h) Website or e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, restrict, destroy, limit the functionality of or compromise the integrity of any computer software or hardware or telecommunications equipment;;
(i) create a database (electronic or otherwise) that includes Content;
(j) transmit or re-circulate any Content to any third party; or
(k) bring (or in any way that might bring) Phoenix Guardians Ltd into disrepute.
4.1 Your confidentiality and personal data is important to Phoenix Guardians Ltd and itwill take all reasonable and relevant steps to secure your confidentiality, privacy and data.
You acknowledge when entering into an engagement with Phoenix Guardians Ltdthat if you require special consideration around your confidentiality, privacy and the protection of your identity or data that you will take all necessary and reasonable steps to:
- bring to the awareness of the appropriate professional of Phoenix Guardians Ltdthat you request for your confidentiality to be handled with increased vigilance
- you will take care to uphold your own privacy, data and confidentiality that you share with third parties or external sources, relating to any engagement or work that you may enter into with Phoenix Guardians Ltd
- you will work in a reasonable, timely and professional manner with Phoenix Guardians Ltd to help uphold your own privacy, data and confidentiality
4.2 You further acknowledge that Phoenix Guardians Ltdcannot be responsible if you have not taken all reasonable steps to shelter your own privacy, data and confidentiality and your behaviour becomes contrary to these Terms & Conditions and that your use of the Website, email and any groups or forums that are expressly subject to these Terms & Conditions (including in particular, but not limited to, clause 3 and this clause 4) and any other guidance, instructions or rules that we may make available on the Website or via email related to potential Groups or Forum’s associated with Phoenix Guardians Ltd business.
Use of Testimonials, Messages, Data (emails) and Materials
5.1 By submitting testimonials, third party data (data links), research or material to the Website, you are granting Phoenix Guardians Ltda non-exclusive irrevocable royalty-free licence to reproduce, modify, translate, make available, distribute and sub-license the testimonials, third party data (data links), research or material (as the case may be) in whole or in part and in any form (now known or later developed) anywhere in the world.
5.2 By submitting testimonials, third party data (data links), research or material to the Website you agree that we may use those testimonials, third party data (data links), research or material for any purpose and in any way that we choose.
5.3 By submitting any testimonials, third party data (data links), research or material to the Website you waive all of the moral rights that you may have under Chapter IV of the of the Copyright, Design and Patents Act 1988 in respect of any such message, suggestion or material.
5.4 You acknowledge that Phoenix Guardians Ltdmay establish general practices and limits concerning the use of the Website, including (but not limited to) the maximum number of days that material will be retained by the Website. You agree that we have no liability for the deletion or failure to store any testimonials, third party data (data links), research or material or other communications maintained on or transmitted to the Website.
5.5 If you do not wish to grant Phoenix Guardians Ltd the rights set out above, do not submit contributions to the Website.
Warranties and Liability
6.1 Your use of the Website is at your sole risk. The Content has been included in good faith and is only for your general information. In particular, the Content does not constitute any form of advice, recommendation or arrangement by Phoenix Guardians Ltdand is not intended to be relied upon by users in making (or refraining from making) any specific decisions or to be a substitute for obtaining professional advice. YOU ARE RESPONSIBLE FOR CHECKING THE ACCURACY OF RELEVANT FACTS AND OPINIONS GIVEN ON THE SITE BEFORE ENTERING INTO ANY COMMITMENT OR TAKING ANY OTHER FORM OF ACTION OR INACTION BASED UPON THEM. All conditions, warranties, terms and undertakings express or implied statutory or otherwise in respect of the provision of the Content and the Website are excluded to the fullest extent permitted by law.
6.2 The Content may contain inaccuracies or typographical errors. Phoenix Guardians Ltd makes no representations about the reliability, availability, timeliness and accuracy of the Content. Phoenix Guardians Ltd does not warrant that the Website will be free of viruses or other harmful components.
6.3 The Website contains links to other websites (“Third Party Sites”). Phoenix Guardians Ltd neither endorses nor takes responsibility for the availability or content of Third Party Websites and will not be a party to, or in any way responsible for, any transaction concerning goods or services available from such Third Party Sites. If you decide to use these links to access Third Party Sites you do so entirely at your own risk.
6.4 Save as expressly provided for in these Terms & Conditions, Phoenix Guardians Ltd shall not be liable for any direct, indirect or consequential loss or damage (including, without limit, loss of property or profit, business revenue or opportunity or anticipated savings and loss of or damage to any data) or for any costs, claims or demands of any nature whatsoever arising directly or indirectly out of the use of or access to the Website, Groups or Forums, Content or any part thereof or in respect of any defect therein or any failure to provide or the late delivery of the same howsoever arising. Phoenix Guardians Ltd does not exclude its liability for death and personal injury caused by its negligence.
6.5 You agree to indemnify and hold Phoenix Guardians Ltdand its officers, employees and agents harmless from any claim or demand made by any third party due to or arising from your use of the Website (including, but not limited, your use of any Groups and or Forums).
Changes to these Terms & Conditions, and amendments to the Content
8.1 Phoenix Guardians Ltdreserves the right, at its discretion, to make changes to any part of the Website.
8.2 Due to its policy of updating and improving the Website, Phoenix Guardians Ltd may wish to change these Terms & Conditions from time to time and you agree to be bound by the Terms & Conditions which apply at the time of your use of the Website.
Governing Law and Jurisdiction
These Terms & Conditions shall be governed by, and construed in accordance with, English law and you and Phoenix Guardians Ltd irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with the same or the legal relationship established by them.
Contacting Phoenix Guardians Ltd
If you need to contact Phoenix Guardians Ltd about these Terms & Conditions you may do so by post using the address given above, or by e-mailing this address: firstname.lastname@example.org
11.1 If any provision of these terms is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms & Conditions, which shall remain in full force and effect.
11.2 Failure by either party to exercise any right or remedy under these terms does not constitute a waiver of that right or remedy. Headings in these terms are for convenience only and will have no legal meaning or effect.