Smart Infrastructure and Smart Applications for the Smart Business – Infrastructure and Application Performance Monitoring
Terms & Conditions
Conditions of Use & Sale
Last updated on 6 October, 2014
Please read these conditions carefully before using the Website of Intelligent Business Strategies Limited. By using this Website, you signify your agreement to be bound by these conditions.
2. ELECTRONIC COMMUNICATIONS
When you use any Intelligent Business Strategies services or send e-mails to us, you are communicating with us electronically. We will communicate with you by e-mail or by posting notices on the website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing, unless mandatory applicable laws specifically require a different form of communication.
3. WEBSITE CONTENT & COPYRIGHT
This Website is the property of Intelligent Business Strategies. All content included in or made available through our Website, such as text, graphics, logos, button icons, images, audio clips and digital downloads is the property of Intelligent Business Strategies and is protected by U.K. and international copyright laws.
Intelligent Business Strategies grants to the User the right to access and use the Website, so long as such use is for internal information purposes, and User does not alter, copy, disseminate, redistribute or republish any content or feature of this Website. User acknowledges that access to and use of this Website is subject to these Conditions of Use and any expanded access or use must be approved in writing by Intelligent Business Strategies.
4. YOUR ACCOUNT
If you register to use Intelligent Business Strategies Website you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and to the extent permitted by applicable law you agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be used in an unauthorised manner. You are responsible for ensuring that the details you provide us with are correct and complete, and for informing us of any changes to the information you have provided. You can access and update much of the information you have provided us with, including your account settings, in the Members area of the website.
We reserve the right to refuse service, terminate accounts or remove or edit content if you are in breach of applicable laws, these Conditions of Use or any other applicable terms and conditions, guidelines or policies.
5. REVIEWS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT
Visitors may post reviews, comments and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. We reserve the right (but not the obligation) to remove or edit such content.
If you post content or submit material, and unless we indicate otherwise, you grant: (a) Intelligent Business Strategies a non-exclusive, royalty-free and fully sub-licensable and transferable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. No moral rights are assigned under this provision.
You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is posted: (i) the content and material is accurate; and (ii) use of the content and material you supply does not breach any applicable policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify Intelligent Business Strategies for all claims brought by a third party against Intelligent Business Strategies arising out of, or in connection with, the content and material you supply except to the extent that any liability arises from our failure to properly remove the content when it is notified of the illegal nature of the content arising out of, or on the grounds of, or originating from, the content that you have communicated to us.
6. OUR LIABILITY
We will do our utmost to ensure that availability of the Website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, your access to the Website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.
In no event will Intelligent Business Strategies be liable for: (a) damages of any kind, including without limitation, direct, incidental or consequential damages (including, but not limited to, damages for lost profits, business interruption and loss of programs or information) arising out of the use of, or inability to use, this Website, or any information provided on this Website, or (b) any claim attributable to errors, omissions or other inaccuracies in the information provided on this Website.
7. APPLICABLE LAW
These conditions are governed by and construed in accordance with the laws of England and Wales. We both agree to submit to the non-exclusive jurisdiction of the courts of England and Wales, which means that you may bring a claim to enforce your consumer protection rights in connection with these Conditions of Use in England and Wales.
8. ALTERATIONS TO SERVICE OR AMENDMENTS TO THE CONDITIONS OF USE
We reserve the right to make changes to any Intelligent Business Strategies, policies, terms and conditions including these Conditions of Use, and Conditions of Sale at any time. You will be subject to the terms and conditions, policies and Conditions of Use in force at the time that you use the Website. If any of these Conditions of Use is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
If you breach these Terms and Conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms and Conditions.
10. OUR CONTACT DETAILS
Intelligent Business Strategies is the trading name for Intelligent Business Strategies Limited. This website is owned and maintained by Intelligent Business Strategies Limited.
For Intelligent Business Strategies Limited:
Intelligent Business Strategies Limited
Cheshire SK9 5BG
Registered in England: 2718475
VAT Registration Number: GB 611 5176 71
These Conditions of Sale govern the sale of products by Intelligent Business Strategies Ltd to you. Intelligentbusiness.biz is a trading name of Intelligent Business Strategies Ltd.
Please read these conditions carefully before placing an order with Intelligent Business Strategies Ltd. By placing an order with Intelligent Business Strategies Ltd, you signify your agreement to be bound by these conditions.
1. OUR CONTRACT
Your order is an offer to Intelligent Business Strategies to buy the product(s) in your order. When you place an order to purchase a product from Intelligent Business Strategies, we will send you an e-mail confirming receipt of your order and containing the details of your order (the “Order Confirmation E-mail”). The Order Confirmation E-mail is acknowledgement that we have received your order, and does not confirm acceptance of your offer to buy the product(s) ordered. We only accept your offer, and conclude the contract of sale for a product ordered by you, when we dispatch the product to you and send e-mail confirmation to you that we’ve dispatched the product to you (the “Dispatch Confirmation E-mail”). Your contract is with Intelligent Business Strategies Ltd. Without affecting your right of cancellation set out in section 2 below, you can cancel your order for a product, at no cost, any time before we send the Dispatch Confirmation E-mail relating to that product. This right to cancel does not apply to certain categories of products and services, including digital products which are not supplied in a physical format (e.g. on a CD or DVD), once download or use (whichever is earlier) has begun.
You consent to receive sales invoices electronically. Electronic invoices will be made available in pdf format in the Members area of the web site. For each delivery, we will inform you in our Dispatch Confirmation E-mail if an electronic invoice is available.
2. RIGHT OF CANCELLATION UP TO 14 DAYS, EXCEPTIONS TO CANCELLATION AND OUR VOLUNTARY RETURNS GUARANTEE
Unless one of the exceptions listed below applies, you can cancel your order without giving any reason within 14 days from the day on which you or a third party indicated by you (other than the carrier) receives the goods purchased (or last good, lot or piece if it relates to goods or multiple lots or pieces delivered separately) or from the day of the conclusion of the contract, in the case of services or digital content not supplied in a tangible medium (e.g. CD or DVD).
You must inform us (Intelligent Business Strategies Ltd, Springfield House, Water Lane, Wilmslow, Cheshire, SK9 5BG) of your decision to cancel your order. You may submit your request by using this form. To meet the cancellation deadline, it is sufficient for you to send your communication before the 14 days’ cancellation period has expired and return the item.
EFFECTS OF CANCELLATION
We will reimburse all payments received from you for the goods purchased and will also reimburse delivery charges for the least expensive type of delivery offered by us, no later than 14 days from the day on which we received the above communication. We will use the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. If reimbursement occurs after the maximum time period mentioned above, the amount due to you will as of right be increased.
Note that you must send back the goods no later than 14 days from the day on which you communicate your cancellation. You will have to bear the direct cost of returning these goods. You may be liable if the value of the goods returned diminishes due to the handling of the goods (except when it was necessary to establish the nature, characteristics and functioning of the goods).
EXCEPTIONS TO THE RIGHT OF CANCELLATION
The right of cancellation does not apply to:
- a service if Intelligent Business Strategies has fully performed it and you accepted when you placed your order that we could start to deliver it, and that you could not cancel it once delivery had started; and
- the supply of digital content which is not supplied on a tangible medium (e.g. on a CD or DVD) if you accepted when you placed your order that we could start to deliver it, and that you could not cancel it once delivery had started.
3. PRICING AND AVAILABILITY
All prices are exclusive of legally applicable VAT and taxes in force at time of order.
Prices may change at any time prior to acceptance of your order.
Despite our best efforts, a small number of the items in our catalogue may be mispriced. We will verify pricing when processing your order and before we take payment. If we have made a mistake and a product’s correct price is higher than the price on the website, we may either contact you before dispatch to request whether you want to buy the product at the correct price or cancel your order. If a product’s correct price is lower than our stated price, we will charge the lower amount and send you the product.
4. PRODUCT INFORMATION
We are under a legal duty to supply goods which conform with the contract we have entered into with you.
We have taken reasonable steps to display as accurately as possible the product descriptions, screen shots, specifications and other detailing of Our products in the images that appear on the Website. However, as the actual detailing you see onscreen will depend on your monitor, we cannot guarantee that your monitor’s display of such detailing will exactly reflect the detailing of the product upon delivery. All detailing of products is subject to change and may not represent the finished product.
The feature on the Website of a product does not constitute a guarantee of its availability. Products, prices and technical requirements are subject to change at any time without notice.
5. OUR LIABILITY
Intelligent Business Strategies will not be responsible for (i) losses that were not caused by any breach on our part, or (ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or (iii) any indirect or consequential losses that were not foreseeable to both you and us when the contract for the sale of products by us to you was formed.
The laws of some countries do not allow some or all of the limitations described above. If these laws apply to you, some or all of the above limitations may not apply to you and you might have additional rights.
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your right to have the products sent to you within a reasonable time. If the delay occurs before the products are dispatched, we will not charge you for the products until they are dispatched and you may cancel your order at any time prior to dispatch.
6. APPLICABLE LAW
These conditions are governed by and construed in accordance with the laws of England and Wales. We both agree to submit to the non-exclusive jurisdiction of the courts of England and Wales, which means that you may bring a claim to enforce your consumer protection rights in connection with these Conditions of Sale in England and Wales.
7. AMENDMENTS TO THE CONDITIONS OF SALE
We reserve the right to make changes to our website, policies, and terms and conditions, including these Conditions of Sale at any time. You will be subject to the terms and conditions, policies and Conditions of Sale in force at the time that you order products from us, unless any change to those terms and conditions, policies or these Conditions of Sale is required to be made by law or government authority (in which case it may apply to orders previously placed by you). If any of these Conditions of Sale is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
If you breach these Conditions of Sale and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Sale.
9. OUR CONTACT DETAILS
Intelligent Business Strategies is the trading name of Intelligent Business Strategies Limited. Our contact details are:
Intelligent Business Strategies Limited
Cheshire SK9 5BG
Registered in England: 2718475
VAT Registration Number: GB 611 5176 71