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| Your use of Compass E-Commerce will constitute your acceptance of the following terms. Please read these
terms carefully prior to your use of Compass E-Commerce.
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The usage of Westcon's website ("this Site") shall be governed by the following conditions of use which, by using this Site, you agree to be legally bound by. If you do not agree to be bound by the following conditions of use, please do not use this Site.
In the event that you return to this Site, we recommend that you check the conditions of use, as we reserve the right to change them at any time and the conditions of use which are available on this Site at the time you are using it, will be those that apply during such use.
1. Availability: We do not guarantee that this Site or its content will always be available. We may suspend our service for operational reasons such as repair, maintenance or improvements, or otherwise in emergencies and we may change or discontinue the availability of any content at any time, as we see fit.
2. Content: The design of this Site including its text, graphics, icons, content, structure, selection and arrangement together with all software developed in relation to it are either owned by or licensed to Westcon Group European Operations Ltd and all of our and our licensors' rights are reserved. You must not and must not permit anyone else to either copy, download, store, modify, adapt, transmit, distribute, publish or otherwise use any part of the content on this Site without our prior written agreement or that of the relevant owner of the content in question.
3. Prices and Availability: The information contained in this Site on pricing and availability has been provided in good faith. However, whilst we endeavour to update this Site as and when necessary to ensure the accuracy of the information, we assume no responsibility for such information and, to the fullest extent permitted by applicable law, disclaim all liability in respect of such information.
4. Trade Marks: Westcon and the Westcon logo, as well as Cisco and the Cisco logo are trade and service marks of Westcon Group European Operations Ltd and Cisco Corporation respectively. All rights in these trade and service marks are reserved. You may not use or reproduce any trade or service marks appearing on this Site for any purpose without the prior agreement of the relevant owner.
5. Orders: You are responsible for ensuring that you have the necessary connections in order to use this Site. Telephone charges and other fees associated with such connection, access and use are your sole responsibility. All orders submitted via this Site and made by you must be accepted by us by way of email confirmation. No contract shall be concluded in relation to your order until such email confirmation is given.
All contracts resulting in the supply of goods or services by us shall be subject to our Standard Terms and Conditions of Sale (as amended from time to time), a copy of which has been delivered to you in your application pack.
Where you place an order on this Site, you warrant to us that:
- the person placing the order on your behalf is duly authorised to do so;
- you have the necessary power and authority to perform your obligations under any resulting contract and that all necessary action has been taken to authorise the placing of the order and the performance of any resulting contract;
- you are not dealing as a consumer and are buying the goods for use in your business or the business of a third party end-user;
- and you are domiciled in either the United Kingdom or Eire.
In the event that you are issued with a [password], [security code] or similar device you agree to keep your password secure and confidential, to take any steps necessary to ensure that it does not become known to other persons and to ensure that it is only used by legitimate and authorised members of your organisation.
6. Liability: The use of this Site is at your own risk. We shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any content on this Site. Nothing in these conditions of use shall exclude our liability for death or personal injury resulting from our negligence or any other liability which we are prohibited from excluding by law.
Subject to the preceding paragraph:
- the content is provided on an "as is" basis. We shall not be liable for any loss or damage or for any costs, claims or demands of any nature whether arising out of tort (including negligence), contract or otherwise brought against you by any party arising directly or indirectly in connection with the use, inability to use, or performance of, this Site and all other conditions, warranties and other terms, whether express or implied by law or otherwise to the contrary are hereby excluded to the maximum extent permitted by applicable law;
- in no event shall we be liable either in contract, tort, negligence, statutory duty or otherwise for any loss of profits, revenue, goodwill or any type of consequential loss, indirect, special, exemplary or punitive loss or damage whatever arising from or in any way connected with the use, inability to use, or performance of, this Site, even if we have been specifically advised of the possibility of such loss or damage; and
- except in relation to such liability as has been expressly excluded in the preceding paragraphs, our maximum aggregate liability in contract, tort, negligence, statutory duty or otherwise for any loss or damage whatever arising from or in any way connected with (i) any performance or non-performance by us of any obligation assumed by us under this Site, these conditions of use or otherwise; or (ii) any liability not excluded by these conditions of use, shall in respect of any one or more events or series of events (whether connected or unconnected) be limited to the price you have paid for any goods or services from us. This limit shall also apply if any exclusion or other provision contained in these conditions of use is held to be invalid for any reason and we become liable for loss or damage that could otherwise have been limited.
Although we shall take reasonable steps to prevent the introduction of viruses, we do not warrant that any information or other content accessible via this Site is free of viruses, trojan horses or other harmful matter, nor that this Site will be error-free.
7. Links to and from other web sites: Certain (hypertext) links contained in this Site will lead you to other websites which are not under our control. By activating a link, you will leave this Site and we have no responsibility or liability for the content or conduct of any websites which may be linked from this Site or for your transactions with them. If you have any complaints about them, please direct them to the operator or site administrator of such website.
8. Law and Jurisdiction: This Site is created and controlled by Westcon Group European Operations Ltd, a company incorporated under the laws of England and Wales. These conditions of use shall be governed by, and construed in accordance with, English law, without giving effect to any principles of conflict of laws.
9. All sales are subject to
Terms and Conditions of Sale.
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