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Terms of Use

Last updated 08/10/2007

Definitions

This website ("website") is owned by The Churches Purchasing Scheme Limited ("CPS"), company No. 01811698, registered in England at Beaufort House, Brunswick Road, Gloucester GL1 1JZ. CPS is a wholly owned subsidiary of Ecclesiastical Insurance Group plc.

The terms "we", "us", "our" and "ours" when used in these Terms of Use mean CPS.

The terms "you", "your" and "yours" when used in these Terms of Use mean any user of this website.

Accessing our website

Access to and use of this website and the information, materials, products and services available through this website are subject to all applicable laws and regulations and to these Terms of Use.

Access to our website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice.

By accessing this website, you agree to these Terms of Use which form a legally binding agreement. If you do not agree, please exit this website.

These Terms of Use may be changed by us from time to time without specific notice to you. The latest Terms of Use will be posted on the website, and you should always review these Terms of Use prior to using the website to ensure that you have a current understanding of the terms under which you are permitted to access this website. If you cannot access the Terms of Use via the internet, we can provide a copy by e-mail upon request.

ACCESS TO THIS WEB SITE (OR PORTIONS THEREOF) AND THE USE OF INFORMATION, MATERIALS, PRODUCTS OR SERVICES PROVIDED THROUGH THIS WEB SITE (OR PORTIONS THEREOF), IS NOT INTENDED, AND IS PROHIBITED, WHERE SUCH ACCESS OR USE VIOLATES APPLICABLE LAWS OR REGULATIONS.

Minors

This website is a business and commercial site for the use of UK residents only. As such, it is not intended for children or minors.

Product & services information

All references on this website to information, materials, products and services apply to information, materials, products and services available in the UK with respect to such information only, unless otherwise stated. Any products or services purchased via this website are subject to separate Terms and Conditions of Sale which should be read prior to placing an order through this website.

Ownership

Unless otherwise indicated, this website and its design, text, content, selection and arrangement of elements, organisation, graphics, design, compilation, magnetic translation, digital conversion and other matters related to this website ("Elements") are protected under applicable copyrights, trade marks and other proprietary (including, but not limited to, intellectual property) rights and are the property of CPS or are included with the permission of the rights owner and are protected pursuant to copyright and trademark laws.

The posting of any such Elements on this website does not constitute a waiver of any right in such Elements. You do not acquire ownership rights to any such Elements viewed through this website. Except as otherwise provided herein, none of these Elements may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.

Permission is hereby granted to the extent necessary to lawfully access and use this website and/or information, materials, products and/or services available on it to display, download, archive and print in hard copy, portions of this website, provided you do not modify the Elements and that you retain any and all copyright and other proprietary notices contained in the Elements. This permission terminates automatically if you breach any of these Terms of Use.

Trade marks

The CPS logo, all product names, all page headers, all custom graphics, all button icons, all trade marks, service marks and logos appearing on this website, unless otherwise noted, are service marks, trade marks and/or trade dress of CPS (the "Marks"). All other trade marks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated on the website are the property of their respective owners. You agree not to display or use the Marks in any manner without our prior written permission. You agree not to display or use trade marks, product names, company names, logos, service marks and/or trade dress of other owners without the prior written permission of such owners. The use or misuse of the Marks or other trade marks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.

Hyperlink disclaimer

This website may contain links and/or advertisements to other websites maintained by us in addition to links to websites maintained by unrelated companies and persons ("Third Party Website"). An advertisement of, or link to, a Third Party Website does not mean that we approve, endorse or accept any responsibility for that Third Party Website, its content or use, or the use of products and services made available through such Third Party Website.

We are not responsible for the actions, content, accuracy, opinions expressed, privacy policies, products or services provided through these links or made available through these resources or appearing in such Third Party Websites, nor for any damages or losses, directly or indirectly, caused or alleged to have been caused as a result of your use or reliance on such Third Party Websites.

Such Third Party Websites are not investigated, monitored or checked for accuracy, completeness or conformity with applicable laws and regulations by us. We do not make any representations whatsoever, or give any warranties of any kind, expressed, implied, or otherwise about any websites which you may access through this website, the content thereof, or the products and/or services made available through such websites. If you decide to leave our website and access Third Party Websites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of such websites will apply to you while on such websites.

Links from other websites

Persons providing access to this website via any link from another website are solely responsible for the content, accuracy, opinions expressed, privacy policies, products or services of, or available through, the source website and for any representations made or impressions created concerning CPS.

Authorisation by us to link to this website is given without assumption of any liability by us relating to such links, and we hereby disclaim any such liability. We reserve the right to withdraw any authorisation to link to this website at any time and for any reason. We may also use technology that prevents so called "deep linking", "spidering" or web crawling, or at any time to prohibit any person from access to this website or any part of it which we in our sole discretion consider is excessive or in any way harmful to the operation of this website, or to CPS's business or reputation

Anyone providing access to, or information relating to this website, whether by link or otherwise, is responsible for bringing these Terms of Use to the attention of the person receiving such access or information. Failure to do so will not result in liability for us.

Data protection consent

By agreeing to these Terms of Use, you acknowledge you have read and understood the terms of our Privacy Statement and that you agree with it.

With the exception of personal data (as defined by the Data Protection Act 1998), any communication or material you post or transmit to us over the internet is, and will be treated as non-confidential and non-proprietary. Upon the transmission of any personal information to us, you expressly grant permission to us to disseminate and/or use such information for any lawful purpose as detailed in our Privacy Statement.

Posting or transmitting any unlawful, threatening, libellous, defamatory, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence or violation of any law is strictly prohibited.

We reserve the right to monitor your communications with us whether by mail, voice, fax, e-mail or any other form of transmission for the purposes of quality control, security and other business needs.

Notwithstanding the foregoing, all personal data provided to us as a result of this website will be handled in accordance with our Privacy Statement.

Transactions concluded through our website

Contracts for the sale of goods formed through our website or as a result of visits made by you to our website are governed by our Terms and Conditions of Sale.

No warranties

THIS SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, CPS, ITS AFFILIATES, SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL CONDITIONS, WARRANTIES AND OTHER TERMS, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. WITHOUT LIMITING THE FOREGOING, CPS, ITS AFFILIATES, SERVICE PROVIDERS AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU OR YOUR COMPANY AND CPS, ITS AFFILIATES, SERVICE PROVIDERS AND LICENSORS HEREBY DISCLAIM ALL CONDITIONS, WARRANTIES AND OTHER TERMS RELATING TO:

(a) Merchantability, fitness for a particular purpose, title and non-infringement;

(b) Delays, interruptions, errors, or omissions in the operation of this site or any part of it;

(d) The use, validity, accuracy, currency or reliability of, or the results of the use of this site or any information published on this site; and

(e) To websites to which this site is linked.

The materials on this site comprise CPS's views and are designed to provide general information only. Whilst every effort has been made to ensure that the information provided is accurate, it does not constitute legal or other professional advice. It is your responsibility to evaluate (or take professional advice on) the accuracy and completeness of all information, statements, opinions and other material on this website or any website with which it is linked.

Some jurisdictions do not allow the exclusion or disclaimer of certain warranties. Accordingly some of the above disclaimers may not apply to you. We do not seek to exclude or limit liability for fraudulent misrepresentation or any other liability which cannot be excluded or limited under applicable law. Your statutory rights as a consumer, if any, are not affected hereby.

Exclusion of liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR EMPLOYEES, AGENTS, SUPPLIERS, AND CONTRACTORS EXCLUDE LIABILITY FOR ANY LOSSES, DAMAGES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE OR ANY WEBSITE WITH WHICH IT IS LINKED. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY.

THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, SO THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF CPS, ITS AFFILIATES, SERVICE PROVIDERS AND LICENSORS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED, SHALL NOT EXCEED £500. WE DO NOT SEEK TO EXCLUDE OR LIMIT LIABILITY FOR FRAUDULENT MISREPRESENTATION OR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnity and release

You agree to indemnify, release and hold us harmless as well as our officers, directors, agents, representatives and employees from any claim, liability, loss, expense or demand, including legal fees, related to your violation of these Terms of Use or your access or use of this website or any of the information, materials, products or services available through this website.

Modification and discontinuation

We reserve the right at any time and from time to time to modify, edit, delete, suspend or discontinue, temporarily or permanently this website (or any portion thereof) and/or the information, materials, products and/or services available through this website (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this website.

Viruses, hacking and other offences

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

Entire understanding

These Terms of Use contain the entire understanding between you and us with respect to this website and no representation, statement, inducement oral or written, not contained herein shall bind any party to them. Our failure to enforce any provision of these Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision.

If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provisions of these Terms of Use shall remain in full force and effect.

Waiver

CPS's failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein shall not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by CPS of any breach of any provision of these Terms of Use or of any right provided for herein shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.

Law & Jurisdiction

The website is controlled by CPS from its offices within England. Access to, or use of, this website or information, materials, products and/or services on this website may be prohibited by law in certain countries or jurisdictions. You are responsible for compliance with any applicable laws of the country from which you are accessing this website. We make no representation that the information contained herein is appropriate or available for use in other locations outside the United Kingdom.

You agree that the substantive laws of England and Wales shall govern any controversy or claim of whatever nature arising out of or relating to the use of this website, without regard to any conflict of laws provisions. All actions or proceedings arising out of or relating to these Terms of Use, their validity, performance, enforcement or breach, or the subject matter of these Terms of Use shall be heard in the courts of England and Wales and you hereby irrevocably consent and submit yourself to the personal jurisdiction of said courts for all such purposes.

Notwithstanding the foregoing, we retain the right to bring legal proceedings in any jurisdiction where we believe that breach of this agreement is taking place or originating.

Contacting us

If you have any questions regarding these Terms of Use or any other matter, you may contact us by writing to us at Data Protection Officer, CPS, Beaufort House, Brunswick Road, Gloucester GL1 1JZ UK or by e-mailing us by clicking on the "Contact Us" link.

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