1. Introduction and definitions
Please read these terms and conditions carefully and in their entirety. They are the terms and conditions by which you may use any content made available on the ERProof website. We call this content ERProof Content. These terms and conditions apply irrespective of the platform or device that you use to access ERProof and the ERProof Content. They are the terms and conditions of a legally binding agreement between you and ERProof (“we”, “us” or “our”), which operates and owns this website. You are agreeing to these terms and conditions by accessing this website and any ERProof Content. If you do not agree with any of these terms and conditions you should not access this website or use any ERProof Content.
These terms and conditions were last updated on 18th May 2017 and replace all previous terms and conditions for ERProof. We may update these terms and conditions for business, legal or regulatory reasons. Any changes to these terms and conditions will become effective immediately from the date that we notify you of them under the Notification of Changes to Terms and Conditions section. You should regularly check to see if any changes have been made.
“Visitor” means anyone accessing ERProof.
“ERProof Content” means all content, whether articles, photographs, images, graphics, tables, data, or any other works on ERProof website.
“ERProof Standard Content” means ERProof Content that is accessible to Visitors.
2. Access and Use
2.1 By accessing ERProof website, you acknowledge that all ERProof Content is the property of ERProof or its licensors who own all intellectual property rights in the ERProof Content. Visitors are granted a limited, revocable, non-sublicensable and non-transferable licence to access ERProof Content for personal, non-commercial use. No intellectual property rights in any ERProof Content are transferred to you. If you are a Visitor to ERProof, you are permitted to access ERProof Standard Content.
2.2 When accessing ERProof Standard Content, you may: (a) use the sharing tools we make available for each article; (b) index or link to articles, provided that you do not infringe Clause 2.3 or 2.4.
2.3 As a user of ERProof you may not: (a) store or archive, download or cache, publish, republish or redistribute, communicate or disseminate, alter, adapt, amend, incorporate, merge, sell, translate, localise, copy or otherwise alter any ERProof Content, including, but not limited to, articles, text, photographs, graphics, artwork, images, tables, data, files, video or audio in any way; (b) create derivative works from the ERProof Content; (c) view ERProof Content anywhere but on this website; (d) print, photocopy or scan articles on ERProof or copies of articles.
2.4 If you would like to link to ERProof Standard Content, you: (a) can link to an individual article or this website homepage; (b) can display the ERProof logo when you link to an individual article or homepage of this website, but must not alter the appearance or size of the ERProof logo; (c) can link to an individual article or homepage of this website but must not link from a website that (i) implies in any way that we endorse any products or services offered on or through that site, (ii) misrepresents any or no relationship with us, (iii) presents information about us that is false; (ii) contains content that could be considered distasteful or offensive, infringes any rights of any person, including, but not limited to, intellectual property rights, or that does not comply with all relevant laws and regulations.
2.5 ERProof Content may contain links to third party sites which we have no control over and which are not subject to our Privacy Policy. You should exercise caution and look at the privacy policy of any such sites that you visit. You agree to visit these third party sites at your own risk.
2.6 ERProof may contain data files that you can download for use in third party software. Copyright in any software that is required to open or operate such data files belongs to third party suppliers. Your use of this third party software is governed by the terms of any licence agreement associated with that software. Unless you agree to such licence agreement, you should not download data files from ERProof or install or use such third party software. We are not responsible for any technical or other issues that may arise if you download data files from ERProof or for your use of such data files in third party software.
3. Privacy Policy and Email Correspondence
3.1 To understand how we will store and process your personal data, please read our Privacy Policy. All information that we receive from you from your use of any ERProof Content will be used by us in accordance with this privacy policy.
3.2 We recommend that you do not permit your browser to store your username and password that enables you to automatically login to ERProof on any computer that is or may be used by anyone other than you in order to prevent unauthorized access by third parties to both your login details.
3.3 We may contact you from time to time by email about products or services that you request or which we feel may interest you unless you have opted-out of receiving these emails. You can opt-out of receiving these emails at any time by clicking on the opt-out link in the marketing email. We may also contact you in response to customer, technical and sales support correspondence. You agree that we may stop sending you messages without notifying you.
3.4 You promise that you are entitled to use any email address that you provide us with for registration or any correspondence that you have with us.
4. Disclaimers and Limitation of Liability
4.1 You expressly confirm that you understand and agree that ERProof Content are provided on an “as is” and “as available” basis. To the fullest extent allowed by applicable law, we disclaim all warranties, representations, conditions and duties (except any duties of good faith) of any kind, including without limitations, any warranties of satisfactory quality, merchantability or of fitness for a particular purpose. We also do not make any promises as to the timeliness, security, performance or availability of ERProof and the ERProof Content and do not provide any warranty or representation that ERProof and the ERProof Content are free from infection by viruses or anything else that has contaminating or destructive properties.
4.2 You expressly confirm that you understand and agree that: (a) ERProof and the ERProof Content is only for your general information and entertainment purposes and is not intended to address your particular requirements; (b) any ERProof Content that you access on ERProof website may no longer be current or accurate; (c) ERProof, the ERProof Content or any correspondence by us in relation to ERProof or the ERProof Content does not constitute any form of advice, recommendation, representation, endorsement or arrangement by us; (d) ERProof, the ERProof Content or any correspondence by us is not intended to be and should not be relied upon by you in making or otherwise any specific advice, decision, purchase, investment, sale or other advice or decisions, which should only be taken or otherwise with appropriate independent advice.
4.3 If you are a Visitor to ERProof, you agree that we accept no responsibility (liability) to you arising from any damages resulting from your use of ERProof or the ERProof Content.
4.4 In no circumstances do we accept responsibility for your use of third party sites linked to from ERProof and the ERProof Content, data files provided on ERProof for use in third party software, or the use of any third party software. Such use is at your own risk.
4.5 You expressly confirm that you understand and agree that these limitations of liability apply for the benefit of ERProof and all of its respective officers, directors, employees, agents, successors and assigns.
5. General
You may not assign, license or otherwise transfer any of your rights under these terms and conditions. If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the validity of the remaining provisions of these terms and conditions will remain unaffected and in full force. Failure by either party to exercise any right or remedy under these terms and conditions does not constitute a waiver of that right or remedy.
6. Notification of Changes to Terms and Conditions
These terms and conditions were last updated on 9th June 2019 and replace all previous terms and conditions for ERProof.