Unless otherwise stated, the copyright, database rights and any other rights in all information, data, text, drawings, artwork, pictures, photographs, images, graphics and materials (together “Materials“) on the diademperformance.com website (the “Site“) and the design, layout, look and appearance of the Site is owned by Diadem Performance Limited (“we” or “us“) or licensed to us by our suppliers. You are permitted to use and download such Materials or extracts from the Site to a local hard disk and print copies, subject to all of the following:
- Your use of the Site and any Materials on the Site is for your internal, personal, private use only.
- Except to the extent provided by law, you must not use, copy, reproduce, republish, post, broadcast or transmit any part of the Site or such Materials for any other purpose without our express prior written consent. This includes (but without limitation) not reproducing or storing any part of the Site or such Materials in any other web site or in any public or private electronic retrieval system or service.
- Our copyright notice (i.e. © Diadem Performance Limited 2010) or, where indicated, the notice of our licensors must appear in all electronic or hard copies of any such Materials or extracts from the Site.
- When you lawfully or with our consent copy, reproduce, republish, post, broadcast, transmit, print or quote from any of the Site or such Materials, you must do so fairly and give due accreditation to us, our suppliers and the Site. You shall also do so in accordance with any restrictions which we stipulate on the Site.
- Except as we expressly permit, you must not in any way modify any Materials on the Site.
- Any rights not expressly granted in these terms or otherwise by us are reserved.
If you have any questions, comments or suggestions about the way in which we use your personal information or if any of your personal information changes, please write to us at the above address or email us at firstname.lastname@example.org or telephone us on 01923 822766 during normal business hours.
We will only keep your information for as long as we are either required to by law, or as is relevant for the purposes for which it was collected.
Data that we collect and our use of it
We may collect various information from you relating to you or people you represent which is capable of identifying you or them personally when you use the Site. This may include some or all of the following: [your title, name, gender, job title, organisation, email address, postal address, telephone number, mobile number] and any other specific requirements that you have or information that you give to us or the Site.
We need this information in order to respond to your enquiry. We may also use any information which you provide to us in order to send you newsletters, publications and other information about us, the Site, our services, any offers, our events or anything in which you show an interest.
Further, we may use your personal information for the purposes of customer surveys and improving the Site, and in case we have any queries.
You must only submit to us or the Site information which is accurate and not misleading and you must keep it up to date and inform us of changes. You are responsible for ensuring that you have full authority and consent to supply us with any data submitted by you in respect of you and anyone else.
If you would prefer not to receive any particular information from us, please inform us of this by sending us an appropriate email clearly explaining this to email@example.com or write to us at Diadem Performance Limited at the above address.
Third Parties and Links
We or any member of our group may transfer its databases containing your personal information if it sells its business or part of it.
Access to this Site and Changes
- Access to and use of the diademperformance.com website (this “Site”) is provided by us subject to these Site Terms. “We” “us” and “our” refer to Diadem Performance Limited, a company registered in England under number 06900771 with its registered office at 222 Upper Richmond Road West, London, SW14 8AH. “You” or “your” refers to the person who uses any part of this Site.
- Your use of any part of this Site constitutes your acceptance of these Site Terms which takes effect on the date on which you first use this Site. If you do not agree with these Site Terms, you should cease using this Site immediately.
- We reserve the right to change these Site Terms at any time without notice to you by posting changes online. You are responsible for regularly reviewing information posted online to obtain timely notice of such changes. Your continued use of this Site after changes are posted constitutes your acceptance of the amended Site Terms.
- You are responsible for all access to this Site through your Internet connection and for bringing these Site Terms to the attention of all persons accessing this Site through your Internet connection.
- You must not interfere with another person’s use of this Site or otherwise act in a way that negatively affects another person’s use of this Site.
- You shall not use this Site in any way which in any respect:
- is in breach of any statute, regulation or byelaw of any applicable jurisdiction;
- impersonates any other person or body or misrepresents a relationship with any person or body;
- may infringe or breach the copyright or any intellectual property rights or privacy or other rights of us or any third party;
- may be contrary to our interests; or
- involves your use, delivery or transmission of any viruses, trojan horses, trap doors, back doors, easter eggs, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
- You shall fully and promptly indemnify us and keep us indemnified against all liabilities, claims, losses, damages, demands, injuries, charges, fines, proceedings, costs and expenses (including legal expenses) that we may suffer or incur as a direct or indirect result of any breach by you of any obligation on you under these Site Terms.
Availability of This Site, Security and Accuracy
- Whilst we endeavour to make this Site available 24 hours a day, we will not be liable if for any reason this Site is unavailable at any time or for any period. We make no warranty that your access to this Site will be uninterrupted, timely or error-free.
- Access to this Site may be suspended or withdrawn to or from you personally or all users temporarily or permanently at any time and without notice. We may also impose restrictions on the length and manner of usage of any part of this Site for any reason. If we impose restrictions on you personally, you must not attempt to use this Site under any other name or user or from a different computer.
- We do not warrant that this Site will be compatible with any or all hardware and software which you may use. Although we may put in place security measures for your protection, we shall not be liable for damage to, or viruses or other code that may affect, any computer equipment, software, data or other property as a result of your access to or use of this Site or your obtaining any material from, or as a result of using, this Site. We shall also not be liable for the actions of third parties in breaching any security measures.
- We may change or update this Site and anything described in it without notice to you.
- Whilst we endeavour to ensure that information and materials on this Site are correct, no warranty (except as expressly provided in the terms and conditions for our supply of services to you for a fee) or representation, express or implied, is given that they are complete, accurate, up-to-date, fit for a particular purpose and, to the extent permitted by law, we do not accept any liability for any errors or omissions. If you place an order as a result of using this Site, you are responsible for ensuring that your order contains all necessary and accurate information.
- Subject to paragraph 15, the material contained on this Site is provided for information purposes only and it shall not give rise to any commitment or obligation by us. Any information on this Site shall not constitute any part of an offer or contract. Nothing on this Site should be relied on as statements or representations of fact. You must satisfy yourself as to the correctness of any statements made in relation to anything on this Site and make further enquiries before proceeding with any course of action.
- The contents of this Site are intended for convenience only. Nothing on this Site shall constitute advice specific to your circumstances or a recommendation. The material contained on this Site should not be used as the deciding factor for any business decision and any business or other decision you take on the basis of the Site, or any material contained on it, is your responsibility. We do not suggest that any product or service mentioned on this Site is either available to you or complies with laws outside of England.
Our supply of services
- Supply of our services referred to on this Site shall be governed by our terms and conditions applicable to the supply of those services, which may override these Site Terms to the extent of any conflict.
Our liability to you
- We accept liability for death or personal injury caused by our negligence, or for our fraudulent misrepresentation or for any liability that we cannot exclude or limit at law.
- Our liability in relation to our supply of any service on, from or as a result of using this Site for which you pay a fee shall be set out in the relevant terms and conditions for that supply.
- To the extent possible by law and subject to paragraphs 15, 16 and 17 above:
- our maximum liability (whether in contract, tort, negligence, misrepresentation, restitution or under any legal head of liability) in relation to your use or inability to use or delay in use of this Site or any material in it or accessible from it or from any action or decision taken as a result of using this Site or any such material shall be £10; and
- we shall not have any liability (whether in contract, tort, negligence, misrepresentation, restitution or under any legal head of liability) for any: (a) indirect or consequential losses, damages, costs or expenses; (b) loss of actual or anticipated profits; (c) loss of contracts; (d) loss of the use of money; (e) loss of anticipated savings; (f) loss of revenue; (g) loss of goodwill; (h) loss of reputation; (i) loss of business; (j) loss of operation time; (k) loss of opportunity; or (l) loss of, damage to or corruption of data; and any such liability is excluded whether it is foreseeable, known, foreseen or otherwise. For the avoidance of doubt, sub-paragraphs (b) to (l) inclusive apply whether such losses are direct, indirect or consequential or otherwise.
- The Diadem name and logo and all other brands, names, logos, marks and slogans on this Site are the trade marks or service marks of us or our licensors.
Third Party Websites
- Although we have sought to carefully select any site to which a link from this Site exists, we have no control over and accept no responsibility for the content of such linked sites (unless we are the provider of those linked sites). The links are provided “as is” for your convenience only with no warranty, express or implied, for the information provided within such sites. We do not provide any endorsement or recommendation of any third party site to which this Site provides a link.
- You must not without our permission frame any of this Site onto your own or another person’s website.
- You shall not provide a link from your website to the home page of this Site, without our prior written consent. If we grant to you a right to provide a link from your website to the home page of this Site, you must ensure that any link is provided in a fair and legal way without damaging our reputation or taking advantage of it. In particular:
- you shall not make any warranties or representations about us, our services, or our policies except with our prior express authorisation;
- you shall not say or imply anything that is false, misleading, derogatory or offensive about us or our services; and
- you shall not suggest expressly or implicitly that we have endorsed your site or are associated with it where this is not the case.
- If any of these terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction which that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Site Terms shall survive, remain in full force and effect and continue to be binding and enforceable.
- If you want to contact us for any reason, please contact us by e-mail at firstname.lastname@example.org, by telephone on 01923 822766 or by post at the above address.
English law and jurisdiction
- These Site Terms and any non-contractual obligations arising out of or in connection with them shall be governed by and construed in accordance with English law. You submit to the non-exclusive jurisdiction of the English courts to settle any dispute which may arise under these Site Terms (including any non-contractual dispute). We shall also have the right to bring a claim in the jurisdiction in which you are based.