ESPO Website Terms and Conditions
1. Who Are We?
www.espo.org is a website developed by the Eastern Shires Purchasing Organisation (ESPO). ESPO is a consortium of Local Authorities comprising the County Councils of Cambridgeshire, Leicestershire, Lincolnshire, Norfolk and Warwickshire, and the City Councils of Leicester and Peterborough and its place of business is at Barnsdale Way, Grove Park, Enderby, Leicester, LE19 1ES. This website is directed exclusively at organisations in the United Kingdom. By using this site ("the Site") you enter into a binding contract with us and are deemed to have accepted the following terms and conditions of use.
2. ESPO's Responsibilities
2.1 ESPO will permit you to access, use and interact with the Site subject to these terms and conditions.
2.2 ESPO will:
- 2.2.1 Exercise reasonable care in compiling the Site;
- 2.2.2 Use reasonable efforts to make the Site available to you at all times; and
3. Exclusions and Limitations
3.1 ESPO does not represent or warrant that access to the Site
or any part of it will be uninterrupted, reliable or fault
3.2 ESPO does not represent or warrant to you that the Site or any of its contents will be accurate, complete or reliable.
3.3 ESPO does not represent or warrant that any services (whether or not provided by ESPO) will be provided with due care and skill.
3.4 To the extent permitted by law, ESPO excludes all liability (whether arising in contract, tort or otherwise and whether or not due to ESPO's negligence) which ESPO may otherwise have to you as a result of:
- 3.4.1 (I) Any technical, factual, textual or typographical inaccuracies, errors or omissions on or relating to the Site or any information on the Site.
- 3.4.2 (ii) The unavailability of the Site (or any part of it), misrepresentation on or relating to the Site other than a fraudulent misrepresentation made by ESPO or on ESPO's behalf.
3.5 You agree that ESPO shall have no liability for indirect or
consequential losses, loss of data, income or profits or damages or
loss or injury to property in respect of your use of the Site or
any services ESPO provides or makes available to you through or in
relation to the Site.
3.6 You agree that each of these limitations is reasonable having regard to the nature of the Site.
3.7 None of the exclusions or limitations in this clause shall exclude or restrict ESPO's liability for death or personal injury caused by its negligence.
3.8 None of the above exclusions shall affect any statutory rights which are not capable of being excluded. However, in such case ESPO's obligation where permitted by law, will be limited to the re-supply of the Site to you.
3.9 Each of the above exclusions or limitations shall be construed as a separate and severable, provision of these terms and conditions.
4. Commercial Confidentiality
4.1 Information provided by ESPO in the "members area" is
commercial and provided in confidence. You must not disclose this
information or your access details, to any third party. If you do,
you may be in breach of the terms of your contracts with suppliers.
ESPO may also without warning disable your access rights to the
4.2 You agree that you will use the Site only for your internal business purposes and that you shall not exploit the Site or any of its contents for any commercial purpose.
5. Third Party Rights
Where in these terms representations and warranties are made to ESPO and to third parties through the Site you acknowledge and agree that such representations and warranties are intended to grant rights to, and operate for the benefit of, all such third parties and that each such third party may rely upon and enforce such representations and warranties against you by virtue of the Contracts (Rights of Third Parties) Act 1999.
6. Virus Protection
6.1 ESPO makes every effort to check and test the material and
data contained on the Site. You should nevertheless always run an
anti virus programme for all material downloaded from the
6.2 ESPO does not warrant that the material contained in the Site will be uninterrupted or error free that defects will be correct or that the Site or the server that make it available are free of viruses.
7.1 In no event will ESPO be liable for any losses, costs or
damages including, without limitation, indirect or consequential
losses or damages or any losses or damages whatsoever arising from
use or loss of use of data arising out of or in connection with the
use of or inability to use the Site.
7.2 You will be liable for and indemnify ESPO against all expenses, liabilities, losses, claims or proceedings whatsoever in respect of any injury or damage arising as a result of any breach by you of these terms and conditions.
8. Intellectual Property
8.1 The Site contains material including text, photographs and
other images which is protected by copyright and or other
intellectual property rights. All copyright and other intellectual
property rights in these materials are either owned by ESPO or have
been licensed to ESPO by the owners of those rights so that it can
use this material as part of the Site. The copyright laws prohibit
any copying, redistributing or repurposing of any copyright
protected material without the express permission in writing of
ESPO or the owner of the copyright.
8.2 You may
- Print off one copy only of any individual page for your own personal reference.
8.3 You may NOT without ESPO's express written consent
- Copy (whether by printing off onto paper, storing on disc, downloading or any other way distribute (including distributing copies), broadcast, alter or tamper with in any way or otherwise use any material contained in the Site except as set out under 8.2 above. These restrictions apply in relation to all or part of the material on the Site.
- Remove any copyright, trademark or other intellectual property notices contained in the original material for many material copies or printed off from the Site.
- Link to the Site.
8.4 You hereby grant ESPO a perpetual royalty free, irrevocable
licence to copy, issue copies, communicate to the public, make
publicly available and include in a cable programme server (either
in whole or in part or in a modified edited form) any material you
upload or post to the Site (whether to a bulletin board or
otherwise). You acknowledge and agree that such material is not
uploaded or posted subject to any obligation of confidence.
8.5 The names, images and logos identifying ESPO, third parties and their information, products and services are proprietary marks of ESPO and/or such third parties. Copying or use of the ESPO and/or any other third party logos accessed via the Site is not permitted without the prior approval of the copyright owner. Such use without the prior approval of the copyright owner may constitute infringement of the holder's rights.
9. Hyper Text Links
9.1 The Site may include links to websites operated by other
organisations. These are provided to help you quickly and easily
find relevant websites, with information or services that may be of
interest to you. References in or links with the Site to any
specific products, services or company is for your information and
convenience and does not constitute endorsement, recommendation or
favouring by ESPO. It is your responsibility to decide whether any
information or services available through such websites are
suitable for your purposes. ESPO is not responsible for the content
or reliability of any linked website. ESPO cannot guarantee that
links will be operational all of the time and has no control over
the availability of linked websites.
9.2 It is ESPO's policy to obtain permission to link to other websites. If you wish to provide a hyper text link or link to the Site please contact us with details of:
- The URL(s) of the web page(s) from which you are proposing to link to the Site.
- The URL(s) of the web page(s) on the Site to which you are proposing to link.
ESPO reserves the right in its sole discretion to deny users access to the Site or any part of the Site without notice and to decline to provide the service to any user that is in breach of these terms and conditions of use.
11. Events Beyond ESPO's Control
ESPO shall not be liable to you for any breach of these terms and conditions of use or any failure to provide or delay in providing our services through the Site resulting from any event or circumstance beyond ESPO's reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, fire, explosion or accident.
The unenforceability or otherwise of any provisions of these terms and conditions shall not affect the enforceability of the rest of these terms and conditions.
13. Changes To/Operation of Website
- ESPO may change the format and content of the Site at any time without notice.
- ESPO may suspend the operation of the Site for support or maintenance work, in order to update the content or for any other reason.
- ESPO reserves the right to terminate access to the Site at any time without notice.
14. Data Protection
15. Complaints Procedures
ESPO is committed to providing an effective and professional service that delivers value for money. However if you believe we have failed to do so, or you have a question or complaint please contact us at the following address: ESPO, Barnsdale Way, Grove Park, Enderby, Leicester, LE19 1ES. Tel. 0116 2657878 Fax: 0116 2657900 E-mail: firstname.lastname@example.org
These terms and conditions shall be governed by and construed in accordance with English law. Any dispute arising under these terms and conditions shall be subject to the exclusive jurisdiction of the Courts of England.
17. Changes to Terms and Conditions
ESPO may change the terms and conditions set out above from time to time without notice. Any changes to these terms and conditions will be posted on the Site and by continuing to use the Site following any such change you will signify that you agree to be bound by the revised terms and conditions of use.