Legal Terms & Conditions of use
NES Engineering Ltd
You are invited to read these Legal Terms and Conditions (“Legal Terms”)
carefully. By accessing and using the services available on
www.neseng.co.uk (“the Website”), you agree to be bound by these Legal Terms
as if you had signed them. In case of disagreement with these Legal Terms, do
not access or use this Website. We reserve the right, at our discretion, to
change, modify, add, or remove portions of these Legal Terms at any time. Please
check these Legal Terms periodically for changes. Your continued use of this
Website following the posting of changes to these Legal Terms will mean you
accept those changes.
You hereby acknowledge and agree as follows:
NES Engineering Ltd is the owner of the Website accessible at
www.neseng.co.uk
These Legal Terms defines the contractual agreement between NES Engineering
Ltd and each user accessing and/or using the Website.
1. DEFINITIONS
The following terms shall be construed in these Legal Terms according to the
definitions set forth below:
“Website” : refers to the website “www.neseng.co.uk”, its information
content such as all text, graphics, photographs, graphs, sounds, data, images,
software …owned by NES Engineering Ltd or licensed to NES
Engineering Ltd.
“User” or “Visitor”: refers to anyone coming to the Website and exploring the
public areas of the Website.
2. OWNERSHIP/USER’S RIGHT OF USE
NES Engineering Ltd is the owner or licensee of all rights in the
Website, its software, services, functionalities and more generally all elements
composing the Website (hereinafter referred to for the purpose of this article
as “Website Elements”).
NES Engineering Ltd grants to the User a worldwide non-exclusive and
non-transferable right of use of the Website for the duration of the Legal
Terms. The User has the right to download, view, copy and print any Website
Elements exclusively for its own and private use of the Website. Notwithstanding
the above grant, User may not modify, transfer, sell , reproduce, broadcast,
sub-license or publish any of the Website Elements.
In particular, the User is expressly precluded to modify in any manner,
translate or integrate all or part of the Website Elements.
The User, in turn, holds the rights pertaining to the elements that may be
remitted by it to NES Engineering Ltd. Accordingly, the User grants
for the duration of the Legal Terms to NES Engineering Ltd, pursuant
to the present Legal Terms the right to reproduce and digitally represent, a
non-exclusive and non-transferable worldwide right to publish the elements
remitted to NES Engineering Ltd and giving rise to intellectual
property rights as well as all distinctive signs such as trademarks and logos.
3. DURATION
The Legal Terms and their future amendments shall remain valid as long as they
remain on the Website.
4. WEBSITE SERVICES
The Website is available 24 hours a day, 7 days a week
NES Engineering Ltd aims at the continuous enhancement of the services
available on the Website. Consequently, NES Engineering Ltd may
perform all modifications of the Website services it deems necessary. Any use of
the Website services by the Users after said modifications will be considered as
an acceptance by the User of the modified services available on the Website.
NES Engineering Ltd reserves the right to occasionally interrupt the
Website services without justification or to suspend as a matter of right and
for any reason whatsoever, at any time without prior notice, access for its
Users to the Website and its services. NES Engineering Ltd disclaims
any liability for the possible consequences of such interruptions or
suspensions.
5. PRIVACY
Users are invited to read our privacy policy rules available on the Website and
hereinafter attached as Appendix 1.
6. PROVISION OF DATA BY USERS
The User warrants that the information, data and any other elements that may be
provided by it on the Website are true, accurate, current, complete and decent.
User further warrants that it is authorised to provide such information, data
and elements and that said data, information and elements provided on the
Website are not subject to any third party rights and, in particular, are not
infringing upon any third party pre-existing right. Should it be the case the
User shall indemnify and hold NES Engineering Ltd harmless from any
claims complaints, objections, and oppositions arising from and in relation to
such infringement.
The User also warrants NES Engineering Ltd against any actionable tort
claim from all persons relating to the erroneous nature or deceitful information
posted on the Website under its responsibility.
The User is precluded from using the Website and functionality for unintended
use or placing a virus on the Website through documents or programs or in any
manner whatsoever that may damage, interfere with or copy any software, data or
information of the Website.
7. LIMITED WARRANTY
THE WEBSITE IS PROVIDED BY NES Engineering Ltd ON AN “AS IS” BASIS.
NES Engineering Ltd MAKES NO WARRANTIES WHATSOEVER AND DISCLAIMS ALL
WARRANTIES EXPRESSED OR IMPLIED INCLUDING WITHOUT LIMITATION WARRANTIES OF
MERCHANTABILITY, TITLE OR FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT,
COMPATIBILITY, SECURITY AND ACCURACY.
8. NO LIABILITY
IN NO EVENT SHALL NES Engineering Ltd BE LIABLE TO ANY USER OR TO ANY
THIRD PARTY UNDER ANY APPLICABLE LAW, FOR ANY DAMAGE OF ANY KIND SUCH AS BUT NOT
LIMITED TO ANY INDIRECT AND/OR CONSEQUENTIAL DAMAGES, INCIDENTAL OR SPECIAL
DAMAGES INCLUDING LOSS OF DATA, LOSS OF CONTRACT, LOSS OR PREJUDICE TO THE
BUSINESS REPUTATION EITHER ARISING FROM ANY USER’S ACT OR RESULTING OF A
DEFECTIVE PERFORMANCE OF THE SERVICE SUPPLIED BY THE WEBSITE, ANY COMMERCIAL
DISORDER OF ANY KIND, AS WELL AS FOR ANY FINANCIAL LOSS INCLUDING LOSS OF
PROFITS, LOST OF TURNOVER, REGARDLESS OF THE FORM OF ACTION OR LEGAL THEORY
UNDER WHICH THE LIABILITY MAY BE ASSERTED.
NES Engineering Ltd, ITS INFORMATION SUPPLIERS AND SERVICE SUPPLIERS
(AND IN PARTICULAR ITS HOSTING SERVICES PROVIDER) SHALL NOT BE HELD LIABLE FOR
THE BROADCASTING OF ANY ERRONEOUS INFORMATION OR FOR ANY DELAY OR FAILURE IN THE
BROADCASTING OF ANY INFORMATION ON THE WEBSITE OR FOR ANY TEMPORARY INTERRUPTION
OF THE WEBSITE SERVICE DUE TO THE NECESSARY TECHNICAL INTERVENTION INCLUDING,
WITHOUT LIMITATION, THE INTERVENTION OF A TELECOMMUNICATIONS OPERATOR, FOR ANY
DELAYS IN SERVICES DUE DIRECTLY OR INDIRECTLY TO ELECTRONIC OR MECHANICAL
FAILURES, TELECOM OR INTERCONNECTIONS PROBLEMS WHICH WOULD AFFECT WEBSITE USERS
.
NES Engineering Ltd, ITS INFORMATION SUPPLIERS AND SERVICE SUPPLIERS
(AND IN PARTICULAR ITS HOSTING SERVICES PROVIDER) SHALL NOT BE LIABLE FOR
DAMAGING CONSEQUENCES RESULTING FROM IRREGULAR OR FRAUDULENT USE OF THE WEBSITE
OFFERED SERVICES NOR FOR DAMAGING CONSEQUENCES RESULTING FROM AN UNAUTHORIZED
THIRD PARTY.
USER WAIVES ANY RIGHT TO MAKE ANY CLAIM AGAINST NES Engineering Ltd
FOR ANY DAMAGE, COSTS, EXPENSES AND THE LIKE BASED ON ANY MISUNDERSTANDING OR
LACK OF KNOWLEDGE ARISING OUT OF ANY OF THE LEGAL TERMS OR THE USE OF THE
WEBSITE FUNCTIONALITIES.
THE PROVISIONS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THESE LEGAL
TERMS.
9. GOOD FAITH
The User shall always act with good faith within the framework of its use of the
Website.
10. EVIDENTIARY ASPECTS
The parties recognise as binding evidence the electronic messages, e-mail
exchanged between NES Engineering Ltd and the User and between the
User and another User of the Website.
11. USER’S LIABILITY
In addition to the provisions already stipulated under these Legal Terms :
The User shall indemnify and hold NES Engineering Ltd harmless against
any actionable tort claim from all persons relating to the erroneous nature or
deceitful information posted on the Website.
Generally, User agrees to indemnify and hold NES Engineering Ltd, its
officers ,directors, employees, agents and representatives harmless from and
against any claims, demands, suits for any liability, costs, damages, penalties
and expenses brought by or on behalf of any person which arise or are likely to
arise out of these Legal Terms or the User’s access or use of the Website
howsoever caused.
12. MISCELLANEOUS
If one or several of the provisions of the Legal Terms are held to be
unenforceable or invalid or are declared as such by application of a law,
regulation or a final decision of a court of competent jurisdiction, the other
provisions shall remain in full force and effect.
In the case of difficulty in the interpretation of the clause headings and the
contents of any of these clauses, the headings will be declared non-existent.
13. GOVERNING LAW
The Legal Terms are governed by the laws of England for substance as well as for
procedure.
14. SETTLEMENT OF DISPUTES
ALL DISPUTES ARISING OUT OF OR IN CONNECTION WITH THE PRESENT LEGAL TERMS SHALL
BE FINALLY SETTLED UNDER THE RULES OF ARBITRATION OF THE INTERNATIONAL CHAMBER
OF COMMERCE BY THREE ARBITRATORS APPOINTED IN ACCORDANCE WITH THE SAID RULES.
ARBITRATION AWARD SHALL BE FINAL AND BINDING ON THE PARTIES. ARBITRATION
TRIBUNAL SHALL TAKE PLACE IN LONDON, ENGLAND.
APPENDIX 1 - PRIVACY POLICY
GENERAL PROVISION
This Privacy Policy is a part of the Legal Terms and Conditions of the Website
and applies to any User of the Website www.neseng.co.uk. This Privacy Policy
covers NES Engineering Ltd’s treatment of personal information that
NES Engineering Ltd collects when the User accesses to and uses the
Website.
COLLECTION OF USER’S PERSONAL INFORMATION
By using the Website and providing any personal information, the User consents
to the collection and use of the data in accordance with this Privacy Policy.
The personal information provided by the User may be retained by NES
Engineering Ltd to keep track of User’s access to the Website, to create a
profile of the User to better serve it, or to contact the User either
electronically or otherwise.
NES Engineering Ltd does not intend to retain User’s personal
information longer than is necessary for the purpose it was collected.
COOKIES
The User is aware that NES Engineering Ltd may use cookies, which are
small data files that the Website can transfer to the User’s hard drive to keep
records of the visits to the Website.
Cookies are used by NES Engineering Ltd to speed navigation, keep
track of sessions and remember information. Cookies help NES Engineering
Ltd to see how the Website is used and some improvements and updates to the
Website services are based on such data (which include for example the number of
Users connected on the Website) collected by the cookies.
If the User prefers not to accept a cookie, it can set its web browser to warn
it before accepting cookies, or it can refuse all cookies by turning them off in
its web browser, if such functionalities are included in its web browser.
The refusal of cookies may prevent the Website from functioning correctly.
PROVISION OF OTHER DATA BY THE USER
Information and data provided by the User may be collected by NES
Engineering Ltd for purpose of generating statistical information and using
such information for editorial purposes in order to improve the quality of the
services available on the Website. NES Engineering Ltd may share said
non-personal aggregated information with its customers, partners or Users.
LINKED WEB SITES
NES Engineering Ltd provides from the Website some links to third
party websites on which NES Engineering Ltd does not have any control
and for the actions of which NES Engineering Ltd cannot be
responsible. NES Engineering Ltd is not responsible for the privacy
policies or practices or the content of such third party websites and the access
by the User to them is at the User’s own risks. NES Engineering Ltd
invites the User to review the privacy policy applying to said third-party
websites to check their personal information handling practices, whenever
clicking on or interacting with any third-party web sites links.
USER UNDERTAKINGS
The User shall refrain from any act likely to damage the privacy or reputation
of other party or any other person by avoiding any libellous, provocative,
malicious or threatening comment, message or text.
The User of the Website providing data to NES Engineering Ltd through
the Website or otherwise, warrants the accuracy and correctness of any
information and data provided on the Website and that it is fully empowered and
authorised to provide such information and data.
USER’S RIGHT OF ACCESS TO ITS PERSONAL INFORMATION
The User has control over its personal information in accordance with the
applicable law(s) protecting personal data under which the User is entitled to
have access to its personal information and to have false information modified.
For this purpose, the User is invited to complete the User Feedback Form
available on www.neseng.co.uk.
In accordance with the regulations protecting personal information, the right to
access the personal data is a personal right that can be exercised only by the
person concerned with respect to his/her/its own information.
The User acknowledges to be authorised to produce the personal information
concerned.
DISCLOSURE OF USER’S PERSONAL INFORMATION
NES Engineering Ltd reserves its right at all times to disclose any
User’s information provided on the Website in order to satisfy the requirements
of any applicable law or regulation.
NES Engineering Ltd does not sell the personal information to third
parties.
NES Engineering Ltd reserve the right to disclose and to report to law
enforcement agencies information about User violating the Website rules and
about any User activity believed to be unlawful.
MODIFICATION
NES Engineering Ltd reserves the right to update and modify this
Privacy Policy from time to time as needed without notice.
All up-dates and modification of this Privacy Policy will be posted on the
Website www.neseng.co.uk.
User is invited to review the terms of this Privacy Policy periodically to make
sure that it is aware of how NES Engineering Ltd uses personal
information.
