Terms of Use
Terms of Use
1. Site Publisher
This website is the property of iEquinox Limited.
Legal Status
iEquinox Limited
registered Company number 13076105
Registered Office
86-90 Paul Street, London, England, United Kingdom, EC2A 4NE
Contact info@iequinox.com
2. Basis of Contract
2.1 All Orders for Services concluded under these Conditions will be on a business-to-business basis and all Services purchased hereunder are for business purposes only.
2.2 The Order constitutes an offer by the Customer to purchase Services and/or Equipment in accordance with these Conditions.
2.3 The Order will only be deemed to be accepted by iEquinox upon the earlier of: (i) iEquinox issuing written acceptance of the Order either by electronic e-sign or signed by an authorised signatory of iEquinox; or (ii) iEquinox’s commencement or execution of work pursuant to the Order, at which point the Contract shall come into existence in accordance with these Conditions (“Commencement Date”).
2.4 It is the Customer’s responsibility to evaluate the Services and/or Equipment being purchased and to satisfy itself that the Services and/or Equipment referred to in the Contract meets the Customer’s requirements, prior to submitting an Order to iEquinox. Upon iEquinox’s acceptance of the Order, the Contract is formed, and the Customer will be bound to purchase the Services and/or Equipment referred to in the Order. For the avoidance of doubt, a Contract is formed once an Order has been accepted by iEquinox without the need for the Customer to sign anything; submitting an Order shall be deemed an indisputable intention on the part of the Customer to be bound by these Conditions. Verbal or written service use constitutes acceptance of service.
2.5 Any descriptive matter or advertising issued by iEquinox, and any illustrations or descriptions of the Services contained in iEquinox catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Services described in them. They do not constitute contractual offers capable of acceptance and will not form part of the Contract or have any contractual force.
2.6 These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice, or course of dealing. These Conditions are the only terms and conditions upon which iEquinox is prepared to deal with Customers and they shall govern the Contract to the entire exclusion of all other terms and conditions. For the avoidance of doubt, the Customer’s standard terms and conditions (if any) attached to, enclosed with, or referred to in, the Order shall not govern the Contract. No addition to, variation of, exclusion or attempted exclusion of any term of the Contract shall be binding on iEquinox unless in writing and signed by a duly authorised representative of iEquinox.
2.7 Where the Order includes Equipment to be procured by iEquinox from the Supplier, the Customer agrees that the terms and conditions of the Supplier shall apply mutatis mutandis as if between the Customer and iEquinox. In the event of a conflict between these Conditions and those of the Supplier, these Conditions shall prevail save in the event that the conditions in conflict pertain specifically to obligations to the Supplier or relate to the Equipment being provided by the Supplier. Subject to the above, in the case of conflict or ambiguity, the order of precedence for the Contract and any documents attached to or referred to in it will be as follows, in descending order of importance:
– 2.7.1 the Order or addendums, including, but not limited to, the PID;
– 2.7.2 any Special Conditions.
– 2.7.3 these Terms and Conditions; and
– 2.7.4 any documents attached or referred to in the Contract.
2.8 No addition to, variation of, exclusion or attempted exclusion of any term of the Contract will be binding on iEquinox unless in writing and signed by a duly authorised representative of iEquinox.
2.9 Any error or omission in any sales literature, Order, quotation, price list, acceptance of offer, invoice or other document or information issued by iEquinox will be subject to correction without any liability on the part of iEquinox.
2.10 Any quotation given by iEquinox will not constitute an offer and is only valid for a period of 30 days from its date of issue unless stated otherwise in writing on the quotation. Prices shown in any such materials may be subject to change at any time prior to the entry by iEquinox and the Customer into a binding Contract. iEquinox may adjust the prices of Services and/or Equipment in line with the Consumer Price Index (CPI) rate of inflation and the Customer agrees to such price adjustments.
2.11 All quotations shall be in Pounds Sterling (GBP), unless the parties have agreed in writing that the quotation will be provided in US Dollars (USD) or in Euros (EUR). iEquinox may subsequently adjust the quoted charges in the event of any fluctuations in the GBP-USD or the GBP-EUR or the USD-EUR exchange rate at the point of concluding the Contract.
2.12 iEquinox reserves the right to withdraw or amend any quotation prior to the Contract.
2.13 iEquinox reserves the right to withdraw or amend any quotation following the Contract where:
1. Equipment and/or Services are withdrawn or discontinued by the Supplier.
2. The Supplier increases the charges for Equipment and/or Services to iEquinox.
3. Specifications of Equipment and/or Services are varied by the Supplier; or
4. In order to comply with any applicable laws, regulations or safety requirements.
3. Definitions
– Personal Data: Any information relating to, either directly or indirectly, an identified or identifiable individual. Such data are collected by the Site Publisher only when Users view or register on the Site as individuals. It is specified that no personal data of a so-called “sensitive” nature (in particular ethnic origin, political, philosophical or religious beliefs, trade union affiliation or personal habits) shall be collected or may be collected.
– Information: Refers to all content of an informational nature or that is not available on the Site.
– Product: Refers to any software or software package published and/or marketed by the Site Publisher or, as the case may be, by the Companies in the Group.
– Service: Refers to a service provided by the Site Publisher or, as the case may be, by the Companies in the Group.
– Site: Refers to the website presenting the Site Publisher’s Products and Services and enabling the online distribution of Information.
– Companies in the Group: Refers to all the Companies in the iEquinox Limited group or to a Company in the group when it is not necessary to identify it specifically. It is underlined that these Companies in the Group are independent corporations and legal entities. The use of the term “Group Companies” shall therefore not constitute proof of a joint and several liability both between the said iEquinox Limited and in relation to Users of the Site or, more generally, third parties.
– You or the User: Refers to any visitor, professional or not, to the Site, irrespective of whether they are a customer of the Site Publisher.
4. Scope
The Site Publisher has put this Site online to present to You its Products and Services and provide information related to its business activity, in particular by means of subscriptions to Newsletters, mailings, and surveys. The use of this Site implies that you agree to be bound by these Terms of Use, including the “Personal Data Protection Charter”.
In addition, it is specified that the Site Publisher may offer other services through this Site, for which specific terms of use must be agreed before any use. In these cases, these specific conditions will supplement these general Terms of Use.
5. Information Available on the Site
The Site Publisher makes every effort to offer You verified, accurate, and complete Information at the time You view and read it, within the limits of its own knowledge and the information made available to it.
5.1. Information on Products and Services
The Products and Services that are presented to You are not an offer of sale, but a general presentation of the range of Products and Services marketed by the Site Publisher and/or Companies in the Group. The Site Publisher and/or Companies in the Group may modify, at any time and without notice, the Information on this Site relating to the Products and Services.
5.2. Financial Information
The Information displayed on this Site may contain forecasts regarding the financial situation, operating results, activities, and strategy of the Site Publisher and/or Companies in the Group. More specifically, statements regarding targets, growth estimates, or other trends in operating results are speculative. These forecasts are based on assumptions that may prove to be inaccurate and depend on risk factors such as the economic and financial outlook. The Site Publisher and/or Companies in the Group assume no responsibility or liability for updating the forecasts due to new information or future events or otherwise.
5.3. Patently Unlawful Information
The Site Publisher makes every effort to ensure that the content of its Site complies as closely as possible with current regulations and respects your rights. As such, and where the Information appears to be “patently unlawful”, You may request from the Site Publisher the deletion, modification, or correction of the Information concerned by sending an email to the following address, attaching the required documentary evidence of your right to take action: info@iEquinox.com
6. Intellectual Property
The Site Publisher and/or Companies in the Group own all the intellectual property rights relating to the Site or own the relevant usage rights. Access to the Site does not confer any right to the intellectual property rights
relating to the Site, which remain the sole property of the Site Publisher and/or Companies in the Group or their partners. The elements accessible on the Site, such as, but not limited to, texts, photographs, pictures, icons, sounds, videos, software, databases, and data, are also protected by intellectual and industrial property rights and other private rights that are owned by the Site Publisher and/or Companies in the Group or their partners.
Except as specifically set forth on the Site (provisions expressly inviting You to download a document available on the Site), You may under no circumstances copy, represent, modify, transmit, publish, adapt, on whatever medium or by whatever means, or exploit in any way all or part of the Site without prior written consent from the Site Publisher. Any use not previously authorised by the Site Publisher, for any reason whatsoever, of all or part of the Site may lead to any appropriate action, including being sued for infringement of intellectual property rights. Only the use of a qualitatively and quantitatively non-substantial part of the Site is authorised for strictly private and non-commercial purposes.
6.1. Documents Available on the Site
With regard to the documents available on the Site that You are expressly invited to download, their reproduction is authorised for informational purposes only and for personal use. Any reproduction and use of any copy for any other purpose is strictly forbidden and subject to prior written consent from the Site Publisher. In all cases, any authorised reproduction of information displayed on the Site must indicate the relevant source and ownership.
6.2. Distinctive Signs
Unless otherwise specified, the corporate names, logos, products, and brands reproduced and/or mentioned on the Site are the property of the Site Publisher and/or Companies in the Group or of their partners. They may not be used without prior written consent from the aforementioned companies.
7. Registration Data
For some Services offered on the Site, the Site Publisher requires You to register online (e.g. registration to attend an event or seminar, registration to access downloadable documents or registration to submit an application). By registering, You agree to provide true, accurate, up-to-date, and complete information about You or your company, as requested on the registration form. Personal data and other personal information that may be required for registration are processed in accordance with the principles implemented by the Site Publisher for the processing of Users’ Personal Data. These principles and a reminder of your rights are detailed in the Personal Data Protection Charter.
8. Limitation of Liability
8.1. Information
In consideration of the nature and purpose of the Information as set forth in Article 4 of these Terms of Use “Information Available on the Site”, You acknowledge that You use such Information under Your sole responsibility and fully assume the risks in relation to the trust You place in it. As such, the Site Publisher and/or Companies in the Group shall not be held liable for any direct or indirect damages resulting from or related to the use of such Information and more generally from the use of its Site, errors on its Site, the non-availability of Information, and/or the presence of viruses on its Site. Similarly, the Site Publisher and/or Companies in the Group shall not guarantee the exhaustiveness, accuracy, completeness, and timeliness of the Information displayed on the Site.
8.2. Hypertext Links
The Site Publisher and/or Companies in the Group expressly disclaim any responsibility for the content of sites to which they provide links. These links are provided to You as a service. It is Your decision alone whether to follow these links. The insertion of hypertext links pointing to all or part of the Site is prohibited without prior written consent from the Site Publisher. Should You wish to create a hypertext link to the Site, You shall obtain prior written consent from the Site Publisher by contacting: webmaster@iEquinox.com
8.3. Downloaded Documents
During the registration process that allows You to download documents from the Site, you are required to provide your User name (i.e. a valid email address) and a password (of your choosing). You shall be solely responsible for keeping your password confidential. Any downloading of documents from the Site is made at your own risk. You shall be solely responsible for any damage to your computer or for any data loss resulting from downloading such documents.
9. Initial Term
The minimum period during which the Customer contracts with iEquinox for the provision of the Equipment and/or Services. The period from and including the Start Date for the duration as set out in the Order, which shall not be less than 60 months unless otherwise stated or, if not specified in the Order, a default period of 60 months.
10. Updates to the Site’s Terms of Use
The Site Publisher may update these Terms of Use at any time and without notice. You are therefore advised to refer regularly to the latest Terms of Use available on the Site and in force at the time You connect to the Site.
Personal Data Protection Charter