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TERMS OF USE Last Updated: June 2008 Your opening of this document has been logged. By continuing to use this website you are indicating that you have read and agreed to be bound by the terms and conditions set out below. The Parties to
this Agreement are Ethical Brand (International) of Nature of Agreement This agreement applies to all users of the website. It sets out standard terms and conditions that all users agree to be bound by. The rights of each user are entirely conditional upon his or her continuing compliance with the terms and conditions of this as well as any and all other relevant documents, information, guidelines, rules and or procedures published and updated from time to time by EBI at http://www.ethicalbrand.org/(the “Website”). Information published on the Website forms an integral part of this agreement. Any breach of this agreement is considered an abuse of the service. The Website is not a general public information site, but designed to serve the interests and needs of those who have a genuine interest and appreciation for the products and services on offer and available from it. Each user hereby acknowledges that his or her purpose for using the website is consistent with a genuine interest and appreciation for the value of information, products and or services on it and no other reason. Accreditation is a reference to the entire sequence of proprietary procedures and methods employed by EBI to determine whether or not an organisation should be granted rights to use the Ethical Brand Identity™ on terms and conditions a Limited, Full and or Extended license, which are detailed on the Website. Any reference to an Ethical Brand is a reference to a commercial, professional, institutional or other entity whatsoever that is formally licensed and thereby authorised by EBI to use the Ethical Brand Identity™ in any manner prescribed and on terms and conditions contained in this Agreement. A License is a reference to permission granted by EBI to an entity authorising it to use the Ethical Brand Identity™ in a particular manner and on specified terms and conditions. Material means any and all information published on the website. This includes, but is not strictly limited to content such as images, text, illustrations, audio and or video clips; any registered, or unregistered trademark or design, system interface and or functionality of any origin or description whatsoever. Service means the provision of any information, product or work and or the provision of any advice, or support of any description whatsoever that is either formally arranged through and or provided to a subscriber by EBI under a defined Service Plan. A Sponsor is any person acting on behalf of any commercial, professional, institutional or other entity whatsoever who is suitably authorised to represent that entity by registering it as an 'Ethical Brand' and binding it to the terms of this agreement. A Subscriber is any individual person who is authorised to operate a website account, which is used to commission, request, configure and or procure Ethical Brand products, functionality and services, either on their own personal behalf and or on behalf of an organisation and or group of individuals and or organisations. Intellectual Property, Copyright and Trademark You acknowledge EBI is the sole and original inventor, developer and owner of all names, designs, methods, procedures, processes, products and services represented by the terms Ethical Brand Identity™, Ethical Brand Process™, Ethical Brand Accreditation™ and Ethical Brand Monitoring Program™. The website and all material contained on it are protected by various laws concerning intellectual property and copyright and trademark in the United Kingdom, United States, Australia, Canada, South Africa and other jurisdictions, as well as by various international conventions. Some material published in some areas of the website is neither owned, nor controlled by EBI, but by third parties. Any such material found on the website is provided solely for personal use. All copying, downloading, retention and or distribution of any material found on the website is strongly discouraged and in any event prohibited without relevant written permission from the copyright owner and or EBI. You may not download, display, reproduce, create derivative works from, transmit, sell, distribute, or in any way exploit the website or any portion thereof for any purpose whatsoever without the permission of EBI. You agree not to use any trademarks, service marks, names, logos, devices or other identifiers associated with 'Ethical Brand' without the appropriate permission of EBI. The website may contain links to other third party websites that are not under the control of EBI. EBI therefore assumes no responsibility, or liability whatsoever for any material that may reside in any such website. EBI does not make any representations regarding the quality, efficacy or security of any product or service at any such website. Some areas of the website require the exchange of information between you and EBI. You grant EBI the authority and right to use that information in accordance with its most recently published Privacy Policy at http://www.ethicalbrand.org/home/privacy. We endeavour to keep all of the information we make available accurate. However, we make no guarantee of any kind, either expressed or implied, regarding the quality, accuracy, validity, suitability or relevance of any opinion and or data contained in such information for any particular purpose whatsoever. Accounts The Service is defined by Service Plans that deliver various data, information and functionality that are defined, managed and delivered through an individually dedicated online user account ('Account'). You may only open and or operate one account. Some Service Plans permit additional users to operate their own accounts and whose functionality and access may be controlled by a primary account holder, such as you, or someone you know. In any event, each user is only authorised to access one service account. If any user is found to be operating multiple accounts EBI reserves the right to terminate them all without notice, or refund, as well as to demand the payment of any and all reasonable fees relating to the actual cost of providing multiple such accounts. You are solely responsible for ensuring that your account contains complete and up to date profile and contact information and that your service options are configured for your own unique and individual purposes. If EBI attempts to establish contact with you for any reason and is unable to make contact with you for 30 consecutive days then your account may be terminated without further notice and without refund. EBI reserves the right to limit and or deny you access to any information and or service, or to any other user, or group of users you may have access to via the service, based on a its assessment of any and all relevant risks to to EBI, Ethical Brands and the Ethical Brand Identity™ itself. In such event EBI shall also retain absolute sole discretion over whether or not to disclose the reason for that decision to you, which in any event which shall remain strictly confidential at all times. Payment If you are a Sponsor you agree to pay EBI the relevant applicable fees (if any) associated with your chosen Service Plan at the time of registration, using any of the methods we accept. No service will be provided to you in respect of a paid Service Plan until it has been paid in full, or you have entered into an alternative arrangement in writing with EBI. You also agree to pay any applicable taxes, as well as any other charges incurred on your account and upon termination of your account for any any reason whatsoever, to pay in full any outstanding amounts owed to EBI. You are financially responsible for all usage or activity on your account. In the event that your account falls into arrears, EBI reserves the right to suspend and or terminate service to you and or your organisation. EBI reserves the right to increase any published or quoted fees and or impose surcharges and or to institute new fees relating to any future service period for which payment has not yet been made. You are responsible for all charges associated with connecting to the website, including without limitation all telephone access lines (including long-distance charges, when applicable), telephone and computer equipment and any service fees necessary to access the website and or the service. For purposes of identification and billing, you agree to provide EBI with accurate, complete, and up to date account information that includes, but may not be restricted to your legal name, address, telephone number/s, and where applicable professional details and payment information. You are must check and maintain your account information from timeto time to ensure that it remains current and accurate at all times. Failure to comply with this provision can result in immediate suspension or termination of your right to use the website and or the service. Assignment You are not permitted to assign, transfer or sublicense any rights whatsoever that you may be entitled to under this agreement. Security During your account setup you will be required to select a user name and password. You are solely responsible for maintaining the confidentiality of this information and you agree that EBI has no obligations thereto. In the event that you become aware of or suspect any unauthorized use of your account, or suspect or know of any breach of any may lunclude and or lead to the loss, theft, or unauthorized disclosure of your password or access to your account you agree to promptly update your account information and follow any guidelines and instructions provided by EBI following such an event. In the event of such a breach of security, you will remain liable for any unauthorized use of your account until such time as you have either notified EBI in writing or updated your account access information. Refund Policy If your account or license is suspended, cancelled, terminated or expires due to the non-payment of annual fees, or due to your breach of any agreement between us and or in accordance with the conditions of any license, or policy of EBI, or for any reason whatsoever your website access privileges, or license to use the Ethical Brand Identity™ are restricted in any way, or revoked by EBI, EBI shall not be obliged to refund any monies paid by you. License Termination If your are a Sponsor, the organisation you represent shall have its license to use the Ethical Brand Identity™ terminated if: your account is cancelled either by you or EBI for any reason whatsoever; if your account expires, falls into arrears and or is not renewed; your employment with the organisation ends and it fails to formally nominate and identify an alternate Sponsor to EBI within 30 days of your departure from the organisation; EBI concludes that the organisation is in violation of any agreement it has entered into with EBI and or any of its users, licensees, associates, agents, representatives or subsidiaries, or any afilliate, associates; EBI concludes that the organisation is engaged in activities, arrangements or practices that EBI considers to be inappropriate, or inconsistent with the values it associates with the Ethical Brand Identity™. Within 2 business days of receiving notice of this event all images and or words referring to Ethical Brand and the Ethical Brand Identity™ are to be removed from all websites and premises of the organisation and it is to cease using all collateral bearing the same within 2 weeks of same. EBI is committed to a continuing effort to ensure the integrity and value of the service to all users, which you accept as self-evident in relation to your own particular circumstances and interests. You also accept that the nature of the field in which EBI operates is broad and complex and as such some aspects of the service may be the subject of ongoing research, development and or experimentation by EBI for the purpose of learning and enhancing the overall value, integrity, efficiency and effectiveness of the service provided to all users. You not permitted to modify, move, add to, delete or otherwise tamper with any information or systems relating to the website, or any other website owned and or hosted by EBI, unless you are authorised to do so through means that have been explicitly provided by EBI for such purposes. Under no circumstances are you authorised to decompile, reverse engineer, disassemble or otherwise use any knowledge, material or software, whether or not it is copyrighted or trademarked, including any proprietary information of whatsoever nature found on the website, in a manner that is either unlawful and or detrimental to the commercial interests of EBI and or any of its users, licensees, associates, agents, representatives or subsidiaries. Any breach of any clause contained in this agreement is considered an abuse of the service and EBI reserves the right to take whatever action it deems appropriate and or necessary in response to any such activity. All information, products and services provided by EBI are offered in good faith and on an "as is" basis, without any warranties of any kind whatsoever either expressed or implied including, but not limited to, expressed or implied warranties of title, merchantability, fitness for a particular purpose, compatibility, security, accuracy, or non-infringement. You assume all responsibility for the use of any information and or services and agree to waive any claim that may arise there from. Except as otherwise expressly set forth herein, the website includes all content, software, functions, fee-based services, materials and information made available thereon or accessed by means thereof. To the fullest extent permissible by law, EBI and its licensees, agents, subsidiaries and affiliates make no warranties and shall not be liable for any consequences arising from the use of the website or the products and or services including but not limited to negligence by EBI. EBI does not warrant that the functions contained in the website or any services will be uninterrupted or completely error-free, that defects will be corrected, that the website or products or services will meet any particular criteria of performance or quality, or that the website, including the server(s) on which the website is operated, are free of viruses or other harmful components. Under no circumstances will EBI, its licensees, partners, agents, subsidiaries and or affiliates accept any liability for any damage or loss, including without limitation any direct, indirect, consequential, special, incidental or punitive damages arising from the use of the website and or subscription to any of its products and or services, which includes all use, or practical inability to use the website, as well as any delays in operation or communication transmission, or line or system failure, or indeed any error or omission whatsoever. Limitation of Liability You agree to indemnify, defend and hold EBI – including all officers, directors, managers, owners, employees, trustees, agents, information providers, associates, affiliates, licensors and or licensees - harmless from any and all liability and or costs incurred in connection with any claim arising out of any breach of this agreement by you, or any other user, including and without limitation all reasonable legal fees. Use of the website is at your own risk. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, communications, content, or other material (including without limitation software) accessed through, via or obtained by means of the website. Under no circumstances shall EBI or its licensees, associates or affiliates, or any provider of telecommunications or network services acting for EBI or its licensees, partners, agents, associates or affiliates, be liable for any indirect, punitive, special, or consequential damages that are directly or indirectly related to the use of, or the inability to use, the website or any service, even if EBI, its licensees, agents, associates, affiliates, or their providers of telecommunications or network services has been advised of the possibility of such damages. Where applicable and enforceable, the total liability of EBI and its licensees, partners, agents, associates and or affiliates hereunder is limited to the amount, if any, actually paid by you to EBI for access and use of the website and or services. You hereby release EBI, its licensees, partners, agents, associates and affiliates from any and all obligations, liabilities and claims in excess of this limitation. This Agreement has been made and shall be construed and enforced in accordance with any and all relevant local, regional, national and or international laws. Sub-headings are provided for convenience purposes only and they hold no special meaning. Any term, condition, or provision of this agreement that is determined for any reason to be unlawful, invalid, void or unenforceable, shall not affect any other remaining portion of it. In the event that any clause contained in this document conflicts with any clause contained in any other agreement between the parties hereto, or any part of this agreement such as the Website, the terms and conditions contained in the other document shall prevail. Modifications to Agreement EBI retains the right at any time to modify this Agreement, as well as any other agreements and or policies affecting the use and or functionality of the website and service, the issuing of licenses and the operation of subscriptions. This document is dated according to the last time it was updated. Registered account holders will be notified whenever this particular document has been modified or updated, but will not be automatically notified of changes to the Website, where page revisions are individually dated. Modifications are effective immediately upon posting the updated document to http://www.ethicalbrand.org/home/terms. Continued use of the website or service following your notice of its modification shall be taken as your acceptance thereof. EBI retains the right to modify, suspend or discontinue the website or subscription or any portions thereof at any time, including the availability of any area of the website, functionality or services including without limitation any subscription. EBI may also impose limits on certain features and services or restrict your access to parts or the entire website without notice or liability. Entire Agreement This Agreement constitutes the entire Agreement between you and EBI with respect to your use of the website and it supersedes all prior agreements between you and EBI. It may be extended by you entering into other specific Agreement(s) with EBI. Failure by EBI to enforce any provision of this agreement shall not be construed as a waiver of any provision or right. Interpretation and enforcement of this agreement shall be governed by the laws of the state of Queensland, Australia. You consent irrevocably to the jurisdiction of the Supreme Court of Queensland, Australia, which shall have exclusive jurisdiction over all actions arising from the use of the website. In the event that any portion of this Agreement is held unenforceable, that portion of it shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect. 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