IMS - Website Terms of Use
Agreement between user and IMS ltd.
The IMS website is offered to you conditioned on your acceptance without
modification of the terms, conditions, and notices contained herein.
Your use of the IMS website constitutes your agreement to all such
terms, conditions, and notices. Additionally, sections of the IMS website
may also contain additional terms, codes of conduct or guidelines that
govern use of those sections, including without limitation, particular
features or offers. In the event that any of the terms, conditions,
and notices contained herein conflict with the Additional Terms or
other terms and guidelines contained within any particular IMS website
section, then these terms shall control.
Privacy and protection of personal information
See the Privacy Statement for disclosures relating to the collection
and use of your information.
Membership accounts, passwords, and security
If a particular IMS Service requires you to open an account, (for example
registering or applying for a field staff vacancy) you must complete
the registration process by providing us with current, complete and accurate
information as prompted by the applicable registration form. You will
then be nominated a password and user name. You are entirely responsible
for maintaining the confidentiality of your password and account. Furthermore,
you are entirely responsible for any and all activities that occur under
your account. You agree to notify IMS Ltd immediately of any unauthorised
use of your account or any other breach of security. IMS Ltd will not
be liable for any loss that you may incur as a result of someone else
using your password or account, either with or without your knowledge.
However, you could be held liable for losses incurred by IMS Ltd or another
party due to someone else using your account or password. You may not
use anyone else's account at any time, without the permission of the
account holder.
Modification of these terms of use
IMS Ltd reserves the right to change the terms, conditions, and notices
under which the IMS Sites/Services are offered. You are responsible
for regularly reviewing these terms and conditions and additional terms
posted
on particular website sections. Your continued use of the IMS Sites/Services
constitutes your agreement to all such terms, conditions, and notices.
Personal use limitation
Unless otherwise specified, the IMS Sites/Services are for your personal
use. You may not modify, copy, distribute, transmit, display, perform,
reproduce, publish, license, create derivative works from, transfer,
or sell any information, software, products or services obtained from
the IMS Sites/Services.
Links to third party sites
The IMS Sites/Services may contain links to third party websites ("Linked
Sites"). The Linked Sites are not under the control of IMS Ltd and
IMS Ltd is not responsible for the contents of any Linked Site, including
without limitation any link contained in a Linked Site, or any changes
or updates to a Linked Site. IMS Ltd is not responsible for webcasting
or any other form of transmission received from any Linked Site nor is
IMS Ltd responsible if the Linked Site is not working appropriately.
IMS Ltd is providing these links to you only as a convenience, and the
inclusion of any link does not imply endorsement by IMS Ltd of the site
or any association with its operators. You are responsible for viewing
and abiding by the privacy statements and terms of use posted at the
Linked Sites. Any dealings with third parties (including advertisers)
included within the IMS Sites/Services or participation in promotions,
including the delivery of and the payment for goods and services, and
any other terms, conditions, warranties or representations associated
with such dealings or promotions, are solely between you and the advertiser
or other third party. IMS Ltd shall not be responsible or liable for
any part of any such dealings or promotions.
No unlawful or prohibited use
As a condition of your use of the IMS Sites/Services, you will not
use the IMS Sites/Services for any purpose that is unlawful or prohibited
by these terms, conditions, and notices. You may not use the IMS
Sites/Services in any manner which could damage, disable, overburden,
or impair any
IMS Site/Service(s) (or the network(s) connected to any IMS Site/Service(s))
or interfere with any other party's use and enjoyment of any IMS
Site/Service(s). You may not attempt to gain unauthorised access
to any IMS Site/Service,
other accounts, computer systems or networks connected to any IMS
Site/Service, through hacking, password mining or any other means.
You may not obtain
or attempt to obtain any materials or information through any means
not
intentionally made available through the IMS Sites/Services.
No professional advice
The information appearing in the IMS website and in email alerts
in relation to self employment is intended solely as general guidance,
and does not
constitute legal, tax, accounting or other professional advice. Users
are encouraged to obtain appropriate advice from qualified professionals.
Liability disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE IMS SITES/SERVICES MAY INCLUDE INACCURACIES
OR TYPOGRAPHICAL
ERRORS. CHANGES ARE PERIODICALLY MADE TO THE IMS SITES/SERVICES
AND TO THE INFORMATION THEREIN. IMS LTD AND/OR ITS RESPECTIVE SUPPLIERS
MAY
MAKE IMPROVEMENTS AND/OR CHANGES IN THE IMS SITES/SERVICES AT ANY
TIME. ADVICE RECEIVED VIA THE IMS SITES/SERVICES SHOULD NOT BE
RELIED
UPON
FOR PERSONAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT
AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR
SITUATION.
IMS LTD AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK
OF VIRUSES
OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE IMS
SITES/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE,
PRODUCTS, SERVICES
AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY
KIND. IMS LTD AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES
AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT,
TITLE AND NON-INFRINGEMENT.
YOU SPECIFICALLY AGREE THAT IMS LTD SHALL NOT BE RESPONSIBLE FOR
UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA,
ANY MATERIAL
OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS
ENTERED
INTO THROUGH AN IMS SITE/SERVICE. YOU SPECIFICALLY AGREE THAT IMS
LTD IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY,
OBSCENE,
OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY
INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY
RIGHTS. YOU SPECIFICALLY
AGREE THAT IMS LTD IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING
AND/OR INCLUDED IN AN IMS SITE/SERVICE BY ANY THIRD PARTY.
IN NO EVENT SHALL IMS LTD AND/OR ITS SUPPLIERS BE LIABLE FOR ANY
DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
DAMAGES OR ANY
DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS
OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED
WITH THE
USE OR PERFORMANCE OF THE IMS SITES/SERVICES, WITH THE DELAY OR
INABILITY TO USE THE IMS SITES/SERVICES OR RELATED SERVICES, THE
PROVISION
OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE,
PRODUCTS,
SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE IMS SITES/SERVICES,
OR OTHERWISE ARISING OUT OF THE USE OF THE IMS SITES/SERVICES,
WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR
OTHERWISE,
EVEN
IF IMS LTD OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY
OF DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE
ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED
WITH ANY PORTION OF THE IMS SITES/SERVICES, OR WITH ANY OF THESE
TERMS
OF USE,
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE IMS
SITES/SERVICES.
General terms regarding use and storage
You agree that IMS Ltd may establish limits concerning use of any
service offered on an IMS website. You agree that IMS Ltd has
no responsibility
or liability for the deletion, corruption or failure to store
any messages or other content maintained or transmitted by the service.
You acknowledge
that IMS Ltd reserves the right to delete accounts that are inactive
for an extended period of time, as determined by IMS Ltd. (For
full details of what constitutes “an extended period of time” contact
IMS using contact details found on our Privacy Statement). IMS LTD MAKES
NO WARRANTY THAT ANY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR
ERROR-FREE.
Service contact: support@ukims.co.uk
Termination/access restriction
IMS Ltd reserves the right, in its sole discretion, to terminate your
access to any or all IMS Sites/Services and the related services
or any portion thereof at any time, without notice. IMS Ltd may also
terminate
or suspend your access to IMS Site/Service(s) for inactivity, which
is defined as failing to log into a particular service for an extended
period of time, as determined by IMS Ltd. For full details of what
constitutes “an extended period of time” contact IMS
using contact details found on our Privacy Statement) Upon termination
of
the IMS Site/Service, your right to use the IMS Site/Service immediately
ceases.
Language
It is the express will of the parties that this agreement and all related
documents have been drawn up in English. C'est la volonté expresse
des parties que la présente convention ainsi que les documents
qui s'y rattachent soient rédigés en anglais.
General
This agreement is governed by the laws of England and Wales. You
hereby irrevocably consent to the exclusive jurisdiction and venue
of courts
in England, in all disputes arising out of or relating to the use
of the IMS Sites/Services. Use of the IMS Sites/Services is unauthorised
in any jurisdiction that does not give effect to all provisions
of these terms and conditions, including without limitation this paragraph.
You
agree that no joint venture, partnership, or employment relationship
exists between you and IMS Ltd as a result of this agreement or
use
of the IMS Sites/Services. You agree to indemnify and hold IMS
Ltd, its
parents, subsidiaries, affiliates, officers and employees, harmless
from any claim, demand, or damage, including reasonable solicitors’ fees,
asserted by any third party due to or arising out of your use of or
conduct on the IMS Sites/Services. IMS Ltd reserves the right to disclose
any
personal information about you or your use of the IMS Sites/Services,
including its contents, without your prior permission if IMS Ltd has
a good faith belief that such action is necessary to (1) To satisfy
laws, regulations, or governmental or legal requests for such information.
(2) To protect and defend the rights or property of IMS Ltd or its
affiliated
companies (3) To disclose information that is necessary to identify,
contact, or bring legal action against someone who may be violating
the Terms of Use or other user policies. (4) To protect IMS and its
visitors,
members or users. IMS Ltd's performance of this agreement is subject
to existing laws and legal process, and nothing contained in this agreement
is in derogation of IMS Ltd's right to comply with governmental, court
and law enforcement requests or requirements relating to your use of
the IMS Sites/Services or information provided to or gathered by IMS
Ltd with respect to such use. If any part of this agreement is determined
to be invalid or unenforceable pursuant to applicable law including,
but not limited to, the warranty disclaimers and liability limitations
set forth above, then the invalid or unenforceable provision will be
deemed superseded by a valid, enforceable provision that most closely
matches the intent of the original provision and the remainder of the
agreement shall continue in effect. Unless otherwise specified herein,
this agreement constitutes the entire agreement between the user and
IMS Ltd with respect to the IMS Sites/Services and it supersedes all
prior or contemporaneous communications and proposals, whether electronic,
oral or written, between the user and IMS Ltd with respect to the IMS
Sites/Services. A printed version of this agreement and of any notice
given in electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to this agreement to the same extent
and subject to the same conditions as other business documents and
records originally generated and maintained in printed form.
Copyright and trademark notices:
The names of actual companies and products mentioned herein may
be the trademarks of their respective owners. The example companies,
organisations,
products, people and events depicted herein are fictitious. No
association
with any real company, organisation, product, person, or event
is intended or should be inferred. Any rights not expressly granted
herein are reserved.






