Website Terms of Use

INTRODUCTION

These terms and conditions of use (the “Terms of Use”) govern your use of our website and mobile applications (the “Platform”).  

The Platform is operated by Intertek Group plc (we, our, us), a company having offices at 33 Cavendish Square, London W1G 0PS with registered number 4267576. Our VAT number is 672 7639 96.

These Terms of Use also apply to interactive features, widgets, mobile applications, content or downloads that are owned or controlled by us, are available through the Platform or that interact with the Platform and post these Terms of Use.  These Terms of Use do not apply to any other website or any offline activities by us (unless specifically stated). 

In addition, please review the Platform’s Privacy Policy and Cookie Policy, which explains our information collection practices, such as the types of information we collect regarding visitors to the Platform and how we may use that information.  By using the Platform, you acknowledge and accept the Platform’s Privacy Policy and Cookie Policy, and consent to the collection and use of your data in accordance with the Privacy Policy and Cookie Policy.  By using the Platform, you further agree that we may change, alter, or modify the settings or configurations on your device or computer used to access the Platform in order to allow for us to optimize your use of the Platform.  

Please read these Terms of Use carefully before using the Platform. You expressly acknowledge that you have been advised of these Terms of Use upon entering the Platform and have had access to the same.  Consequently, by using the Platform, you signify your assent and agreement to these Terms of Use.  If you do not agree to these Terms of Use, then you are not authorised to continue use of the Platform.  


CONTENTS OF THESE TERMS OF USE

  1. What Is The Purpose of the Platform?
  2. What Are Your Obligations?
  3. What Intellectual Property Rights Exist In The Platform?
  4. What Are Your Rights To Use The Platform?
  5. What If You Make Purchases Through The Platform?
  6. What About Linking To The Platform?
  7. What About Links From The Platform?
  8. When Can We Suspend Or Terminate Your Access?
  9. What About Events Outside of Our Reasonable Control?
  10. What Are The Relevant Warranties And Disclaimers?
  11. What About Liabilities And Indemnities?
  12. How Do The Terms of Use Interact With Our Information Collection Techniques?
  13. What Is The Jurisdiction And Applicable law?
  14. Are There Any Other General Provisions You Should Be Aware Of?
  15. What About Changes To The Terms of Use?
  16. What About Contacting You or Us For Information Or To Make A Complaint?


GENERAL

1. What Is The Purpose of the Platform?

We have created this Platform to provide you with information about the products and services we offer and the industries in which we operate.

2. What Are Your Obligations?

2.1. You:

(a) shall ensure that your use of the Platform and Material (as defined below) is in accordance with all relevant legislation, regulations, codes of practice, guidance and other requirements of any relevant government, governmental or regulatory agency or other relevant body

(b) must not use the Platform:

(i) in connection with a criminal offence under the applicable national laws or regulations or against public order or applicable ethical standards and codes;

(ii) for any unlawful purpose whatsoever, including fraud or terrorism;

(iii) in any way which is abusive, harmful, threatening or defamatory or any other way that may cause offence (including uploading pornographic, obscene or indecent material onto the Platform or any material that otherwise contains a virus or other malicious code);

(iv) in any way which breaches or could potentially breach a legal duty to a third party (including a duty of confidentiality) or which infringes or could potentially infringe a person's right to privacy; 

(v) in any way which promotes discrimination or is likely to incite hatred;

(vi) by misusing our information or content on the Platform without the necessary rights in conjunction with any commercial purpose; or

(vii) in any way which may infringe the intellectual property rights of third parties or which promotes any unlawful act.

2.2. Whenever you make use of a feature that allows you to upload content or comments to the Platform, you must comply with these Terms of Use.

2.3. We may delete, remove or refuse to publish any content or comments that has been uploaded in breach of these Terms of Use.

2.4. Although strictly prohibited, content may be displayed on the Platform which is unlawful or offensive.  If you become aware of this you agree to contact us without delay.

3. What Intellectual Property Rights Exist In The Platform?

3.1. We have created this Platform for your personal use.  You may download one computer copy or print one copy of the material on this Platform for your own non-commercial, educational, private or domestic use only, provided that proprietary notices such as copyright© or trade mark™ are neither modified, nor deleted or changed.  You should assume that everything you see or read on the Platform (such as images, photographs, illustrations, icons, texts, video clips, written information and other materials) (“Material”) is copyrighted and protected under treaty provisions and national copyright laws worldwide, unless otherwise noted.

3.2. You are not authorised to sell, reproduce, distribute, modify, display, publicly perform, report or otherwise prepare or use any derivative or second hand works based on Material in any way for any public or commercial purpose.  Furthermore, the Material may not be displayed or communicated on any other website, in a networked computer environment or other digital support for any purpose whatsoever.  In the event of breach of any of these Terms of Use, your permission to use Material will automatically terminate and any copies made of Material must be immediately destroyed.  Any unauthorised use of Material may infringe copyright laws, trade mark laws, the laws of privacy and publicity, and communications regulations and statutes.

3.3. Any communication or material that you transmit to us or by electronic mail or otherwise, excluding personally identifiable data about yourself, including, but not limited to, any data, questions or answers, comments, suggestions, or the like (“User Content”) will be treated as non-confidential and non-proprietary by us.  By sending communications to us, you automatically grant us a royalty-free, perpetual, irrevocable non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display such User Content alone, or as a part of other works in any form, media, or technology whether now known of or hereafter developed and to sublicense such rights to anyone.  Anything you transmit may be used by us and our affiliated companies for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting, or developing, manufacturing and marketing products using such information.

3.4. To the extent permitted by law, you waive your moral rights (the right to be identified as author or to object to derogatory treatment) in any content or comments that you transmit to us to be uploaded to the Platform.

3.5. The Platform and Materials are owned, controlled or licensed by us and are protected from unauthorised use, copying and dissemination by all relevant intellectual property laws, including but not limited to:

(a) patents, designs, trade marks and trade names (whether registered or unregistered), copyright and related rights, database rights, know-how and confidential information; 

(b) all other rights of a similar nature or having an equivalent effect which currently exist anywhere in the world, or are recognised in the future; and 

(c) applications, extensions and renewals in relation to any of these rights.  

3.6. All trade marks, logos and service marks, including INTERTEK and the Intertek logo, which appear on this Platform are registered and unregistered trade marks or are licensed for use by us by third parties.  Other trade marks are proprietary marks and are registered to their respective owners.  Nothing contained on the Platform should be construed as granting, by implication or otherwise, any license or right to use any trade mark displayed on this Platform without the written permission of us or such third party who owns the trade mark. Misuse of any trade mark displayed on the Platform, or any other content on the Platform, except as provided herein, is strictly prohibited.

3.7. You must attribute us as the authors of Material on the Platform.  

3.8. If you print off, copy or download any part of the Platform in breach of these Terms of Use, your right to use the Platform will terminate.

4. What Are Your Rights To Use The Platform?

4.1. If you comply with these Terms of Use, we grant you a limited, personal, non-exclusive, revocable, non-assignable and non-transferable license to download, copy, display, view and use the Materials publicly displayed on the Platform, for you own internal use; so long as you do not do any of the following:

(a) remove, alter, or obfuscate any trade mark, copyright and other proprietary notices contained in the Material;

(b) without the prior written consent of us, make derivative works of, or commercially distribute or otherwise exploit the Platform or any of the Material, or use the Platform or any of the Material in a manner that inaccurately suggests an association between you and us or its licensors;

(c) to the maximum extent permitted by law, reverse engineer, decompile, disassemble, reverse assemble, or modify any Platform source or object code or any software or other products, services, or processes accessible through any portion of the Platform, or attempt to discover any source code that the Platform uses to generate its content or any software or other products or processes accessible through the Platform;

(d) insert or attach any code, device, technology or product to the Platform or Material including, without limitation, those that monitor the Platform or its users, or negatively affect any user’s experience of the Platform or otherwise negatively affect the Platform, its users or us; or

(e) otherwise use or exploit the Platform or any Material in any way for any purpose except as specifically permitted by these Terms of Use.

5. What If You Make Purchases Through The Platform?

5.1. Any products that you purchase through the Platform will be subject to additional General Terms and Conditions provided to you in advance. 

6. What About Linking To The Platform?

6.1. We grant you the revocable permission to link to the Platform; provided, however, that your website, or any third party websites that link to the Platform: (a) must not imply that we or the Platform are endorsing or sponsoring it or its products or services, unless we has given its prior written consent; (b) must not present false information about, or disparage, tarnish, or otherwise, in our sole opinion, harm us or its products or services; (c) must not contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in our sole opinion); and (d) must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms of Use. 

6.2. By linking to the Platform, you agree that you do and will continue to comply with the above linking requirements. Notwithstanding anything to the contrary contained in these Terms of Use, we reserve the right to prohibit linking to the Platform for any reason, in our sole and absolute discretion, even if the linking complies with the requirements described above.

7. What About Links From The Platform?

7.1. The Platform may contain links to or from third party websites (“Linked Websites”), including websites operated by third parties who may have business relationships with us. We may have no control over the content, operations, policies, terms, or other elements of Linked Websites, and we do not assume any obligation to review any Linked Websites. We do not endorse, approve, or sponsor any Linked Websites, or any third party content, advertising, information, materials, products, services, or other items. Furthermore, we are not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such Linked Websites. 

7.2. Any activities you undertake in connection with any of the Linked Websites are subject to the privacy and other policies, terms and conditions of use, and rules issued by the operator of the Linked Websites. Any interactions, correspondence, transactions, and other dealings that you have with any third parties found on or through the Platform (including on or via Linked Websites) are solely between you and the third party and to the maximum extent permitted by law we disclaim all liability in connection therewith.

8. When Can We Suspend Or Terminate Your Access?

8.1. We may suspend or terminate your use of the Platform:

(a) if we believe that your use of the Platform may cause us to be in breach of our regulatory requirements; 

(b) if we reasonably believe that you have violated or acted inconsistently with the letter or spirit of these Terms of Use, or violated our (or any third party’s) rights;

(c) if you are in breach of any of the material terms of these Terms of Use and, where such breach is remediable, you have not remedied such breach within 30 days of receiving written notice from us; or

(d) at any time on 14 days’ written notice.

8.2. The provisions entitled “What Are The Relevant Warranties And Disclaimers?”, “What About Liabilities And Indemnities?” and “Are There Any Other General Provisions You Should Be Aware Of?” will survive termination of these Terms of Use. 

9. What About Events Outside of Our Reasonable Control?

9.1 We shall not be liable for any delay or failure to perform any of our obligations under these Terms of Use insofar as the performance of such obligations is prevented by an event or by matters beyond our reasonable control.

10. What Are The Relevant Warranties And Disclaimers?

10.1. The Platform and Material is provided on an ‘AS IS’ basis and: 

(a) you acknowledge that the Platform may not be free of bugs or errors and agree that the existence of minor bugs or errors shall not constitute a breach of these Terms of Use;

(b) you remain responsible for your own hardware, content and any other data uploaded onto the Platform and you remain solely responsible for making back-ups to protect your content and any other data contained on your account; 

(c) we accept no responsibility for any liability that arises in connection with third parties unlawfully obtaining access to your account in order to abuse the nature and intent of the Platform, provided always that we will maintain security policies and procedures in accordance with good industry practice;

(d) we accept no responsibility for any liability that arises in connection with the theft of your username or password by unauthorised third parties; and

(e) we do not accept any responsibility or liability for the accuracy, content, completeness, legality, or reliability of the Material.

10.2. SUBJECT TO THE EXPRESS TERMS SET OUT IN THESE TERMS OF USE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL OTHER WARRANTIES, TERMS AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY IN RELATION TO THE PLATFORM OR MATERIAL.  WE AND OUR SUPPLIERS MAKE NO WARRANTIES ABOUT ANY MATERIALS, CONTENT, SOFTWARE, TEXT, DOWNLOADS, GRAPHICS, AND LINKS, OR ABOUT RESULTS TO BE OBTAINED FROM USING THE PLATFORM AND SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF ANY VIRUS OR OTHER MALICIOUS CODE.

11. What About Liabilities And Indemnities?

11.1. To the maximum extent permitted by law, we and third parties connected to us hereby expressly exclude liability in either contract, tort, negligence, statutory duty or otherwise arising out of the use of or access to the Platform (which includes without limitation) any errors or omissions contained in the Platform or if the Platform is unavailable and we shall not be liable for any direct or indirect: 

(a) economic losses (including without limitation loss of use, revenues, data, profits, contracts, opportunity, business, business interruption or anticipated savings); 

(b) loss of goodwill or reputation; or

(c) special, incidental, indirect consequential loss or damage, suffered or incurred arising out of or in connection with your use of the Platform.

11.2. To the maximum extent permitted by law, our maximum aggregate liability under or in connection with your use of the Platform, or any collateral contract, whether in contract, tort (including negligence) or otherwise, shall be limited to the greater of Euro 100 or value of the products that you purchase from us.  

11.3. Nothing in these Terms of Use shall operate to exclude or limit any liability for death or personal injury caused by our negligence, fraud or fraudulent concealment or any other liability which cannot be excluded or limited under applicable law.

11.4. AS A USER, YOU AGREE TO INDEMNIFY US AGAINST ALL COSTS, LIABILITIES, EXPENSES, LOSSES OR DAMAGES WHICH WE MAY SUSTAIN OR INCUR IN CONNECTION WITH:

(a) ANY CLAIM OF ANY NATURE THAT ANY OF THE USER CONTENT OR OTHER MATERIALS UPLOADED BY YOU OR ON YOUR BEHALF INFRINGES THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY; AND

(b) ANY CLAIM OF ANY NATURE THAT ANY OF THE USER CONTENT OR OTHER MATERIALS UPLOADED BY YOU OR ON YOUR BEHALF INFRINGES THE PRIVACY OF ANY INDIVIDUAL.

12. How Do The Terms of Use Interact With Our Information Collection Techniques?

12.1 Our information collection practices on the Platform, such as the types of information we collect regarding visitors to the Platform and the ways in which we may use that information shall be governed by the terms of our Privacy Policy and/or Cookie Policy.

13. What Is The Jurisdiction And Applicable law?

13.1. To the maximum extent permitted by law:

(a) these Terms of Use and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law. 

(b) the parties agree that the courts of England and Wales shall have non-exclusive jurisdiction.

14. Are There Any Other General Provisions You Should Be Aware Of?

14.1. Unless otherwise specified, the information and materials in the site are presented solely for the purpose of promoting us and our products and services.  We make no representation that the Material is appropriate or available for use in every country of the world. You use this Platform at your own risk and are responsible for compliance with applicable local laws, keeping in mind that access to Material may not be legal by certain persons or in certain countries.  Our products are available in many parts of the world.  However, this Platform may describe products that are not available worldwide.  

14.2. Any cause of action you may have with respect to this Platform must be commenced within two years after the claim or cause of action arises.  

14.3. You may not transfer or assign your rights or obligations in relation to your use of the Platform without our prior written permission.  We may transfer or assign our rights and/or obligations.  If we do so, we will provide you with written notice of the transfer or assignment.

14.4. The failure to exercise, or delay in exercising, a right, power or remedy provided by these Terms of Use or by law shall not constitute a waiver of that right, power or remedy.

14.5. If any provision, or part of a provision, of these Terms of Use, is found to be illegal, invalid or unenforceable, that provision or part-provision shall be deemed not to form part of these Terms of Use, and the legality, validity or enforceability of the remainder of the provisions of these Terms of Use shall not be affected, unless otherwise required by operation of applicable law.

14.6. These Terms of Use represent an agreement between you as user of the Platform and us as service provider, and no other person can enforce any of its provisions.

14.7. These Terms of Use constitute the entire agreement between you and us in relation to the use of the Platform, and replace and extinguish all prior agreements, draft agreements, arrangements, undertakings, or collateral contracts of any nature made by the parties, whether oral or written, in relation to such subject matter.

15. What About Changes To The Terms of Use?

We reserve the right to modify or add to these Terms of Use at any time without prior notice (“Updated Terms of Use”).  You agree that we may notify you of the Updated Terms of Use by posting them on the Platform so that they are accessible via a link on the home page of the Platform, and that your use of the Platform after we have posted the Updated Terms of Use (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms of Use.  Therefore, you should review these Terms of Use before using the Platform.  The Updated Terms of Use will be effective as of the time of posting, or such later date as may be specified in the Updated Terms of Use, and will apply to your use of the Platform from that point forward.

16. What About Contacting You or Us For Information Or To Make A Complaint?

16.1. If we need to contact you, we will do so by post or e-mail sent to the e-mail address provided by you. You must notify us if you change your e-mail address.

16.2. If you would like to contact us for any further information or to make a complaint, please send an email to privacy@intertek.com.

Version 1.0 Effective: 1 January 2013