This website is proprietary to count7. These legal documents are for end-user customers of the count7.
count7 ltd is a limited company incorporated in England and Wales with registration number 08961298, whose registered office is at 56 Offenbach House Mace Street, London, England, E2 0RB
By using this Website, you signify your acceptance of these terms and conditions. From time to time we may update these terms and conditions so please review them whenever accessing or using the Website. If at any time you do not wish to accept the terms, you may not use the Website.
- Client responsibilities
1.1 Authorised use
You agree not to authorise any third party without specific count7 agreement to: (i) modify or copy in whole or in part the trademarks; (ii) rent, lease, sell, transfer, or further sublicense the trademarks or count7 services or; (iii) reproduce or distribute the trademarks other than as specifically authorised in this section.
Other users and websites may include a link to count7 website by pointing to count7’s homepage only. Linking to other content within the count7 website is prohibited without the express permission of count7. count7is in no way responsible for the content of any third party website linked to the count7website via hyperlink, whether such hyperlink is provided by count7 or by a third party. No representation or warranty is made with respect to the accuracy, timeliness, or suitability of the content of any website to which this website may link, nor is count7 endorsing services provided by any third party website’s sponsoring organisation and count7takes no responsibility therefore. Under no circumstances will count7 be held liable for any computer viruses, system failure or malfunction that may occur during hyperlink to third party websites.
You agree to defend and hold count7 and its directors, officers, employees, consultants or agents (“affiliates”) harmless from and against any and all claims, judgments, damages, losses, costs, expenses, obligations, liabilities (including reasonable attorney’s fees and costs) resulting from any breach of this agreement.
- General disclaimer; content disclaimer
The trademarks and the count7services are provided “as is,” and may contain errors or inaccuracies. You use the trademarks and count7 services at your own risk. count7 hereby disclaims all express and implied representations and warranties, including without limitation, any implied warranty of satisfactory quality, fitness for a particular purpose or non-infringement. This disclaimer of warranty constitutes an essential part of this agreement.
- Limitation of liability
In no event shall count7 be liable to you or any other individual or entity for any claim, loss or damage of any kind arising out of or in connection with: (i) the deficiency or inadequacy of the trademarks or count7 services for any purpose whether or not known or disclosed to you; (ii) use of the trademarks or the availability of the count7services; or (iii) the accuracy of the trademarks or error-free operation of the count7 services. count7 shall not be liable for any loss of profits, sales, business, data or other direct, indirect, special, incidental, or consequential damages irrespective of whether count7 has been informed of, knew of, or should have known of the likelihood of such damages. This limitation applies to all causes of action in the aggregate including without limitation breach of contract, breach of warranty, negligence, strict liability, misrepresentation, and other torts. count7 liability for claims arising out of this agreement shall not exceed the total amount of fees paid by the user to count7 in the past 12 months.
5.1 Applicable Law
This agreement will be governed by and construed in accordance with the laws of England.
In the event that any provision of this agreement is found by a court of competent jurisdiction to be unenforceable, that provision shall be construed so as to give closest effect to the intent of the parties, and the remaining portions of this agreement shall remain in full force and effect.
Nothing contained in this agreement shall be construed as creating a joint venture, partnership, agent or employment relationship between you and count7.
The failure by count7 to enforce any section of this agreement shall not be construed as a waiver of such provisions or of the right to enforce that, or any other, provision of this agreement. No waiver will be construed as a continuing waiver.
count7 reserves the right, at its discretion, to change, modify, add, or remove portions of these terms at any time without prior notification. In addition, when using a particular count7 service, you and count7 shall be subject to any posted guidelines or rules applicable to such service which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the terms. count7 may terminate, change, suspend or discontinue any aspect of the count7website, including the availability of any features of the website or count7 services, at any time. count7 may also impose limits on certain features and services or restrict your access to parts or the entire website without notice or liability.
5.6 Complete agreement
This agreement represents the sole and exclusive agreement between you and count7 regarding the subject matter of this agreement. The parties may amend this agreement at any time by a written instrument signed by both of them.
5.7 No assignment
You may not assign any of your rights or obligations under this agreement. Any attempted assignment in derogation of this section shall be null and void.