Updated as at November 1, 2018 – Terms & Conditions
Welcome to the site of Catala Consulting.
By your (or where Clause 188.8.131.52 applies, your child’s or ward’s) access of this Site and/or use of the Services, you hereby agree to be legally bound by these Website Conditions.
If you do not accept these Website Conditions, please leave the Site and discontinue use of the Services immediately.
- You hereby represent and warrant that:
- you are at least 18 years old and have the necessary legal capacity, right, power and authority to agree to these Website Conditions and you are either:
- accessing this Site, using the Services and contracting in your own personal capacity;
- accessing this Site, using the Services and contracting on behalf of a corporate entity; or
- contracting as parent or guardian of a child or ward who is less than 18 years old and who is accessing this Site and using the Services, in which event you agree as his/her parent/guardian, both in your personal capacity and on behalf of your child/ward, to be bound by these Website Conditions and to be liable for your child’s or ward’s acts and omissions while accessing the Site and/or using the Services, and you also agree to ensure that your child or ward observes these Website Conditions;
- you are authorised to bind the entity (yourself or your corporate entity) on whose behalf you are contracting and such entity agrees to be bound by these Website Conditions; and
- all of the information provided by you to CATALA CONSULTING (including without limitation personal particulars and contact information) is accurate and complete.
- CATALA CONSULTING reserves the right to change, modify, suspend or discontinue the whole or any portion of the Services or Site at any time. CATALA CONSULTING may also impose limits on certain features or restrict your access to parts or the entire Services or Site without notice or liability.
- CATALA CONSULTING may from time to time vary or amend these Website Conditions.
- Any use of the Services after the amendment of these Website Conditions will be deemed to be acceptance of the amended Website Conditions by you. If you do not agree to the amended Website Conditions, please leave the Site and discontinue use of the Services immediately.
The following definitions shall apply unless the context does not permit such application:
|“Account”||means a registered account of a Member opened under this Site;|
|“Computer”||has the same meaning as set out in the Computer Misuse and Cybersecurity.|
|“Content”||means materials, information, data, input, text, pictures, graphics, software, messages, software, comments and other representations of information or of concepts that are being prepared or have been prepared in a form suitable for use in a computer;|
|“Member”||Means a registered member of the site, and such Member shall adhere at all times to the Member Conditions;|
|“Member Conditions”||Means the terms and conditions applicable to Members as prescribed by CATALA CONSULTING from time to time;|
|“Personal Data”||means, data, whether true or not, about an individual who can be identified from that data or from that data and other information to which a party has or is likely to have access, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;|
|“Servers”||means all software and systems hosting, operating, managing, providing or contributing to the Site and the Services; and|
|“Site”||Means the website of CATALA CONSULTING containing a link to these Terms and Conditions.|
- Online Conduct
- You shall comply with these Website Conditions in full, and such other notices or guidelines that may be posted on the Site by CATALA CONSULTING or through other electronic communications based on the sole discretion of CATALA CONSULTING from time to time. For the avoidance of doubt, such additional notices and/or guidelines shall be incorporated by reference into these Website Conditions.
- You shall not use any Service or Content for any unlawful purpose, and to comply with all applicable laws and regulations (the United Kingdom or otherwise), including without limitation, copyright law (the United Kingdom or otherwise).
- You shall not hack into, interfere with, disrupt, disable, data-dump, over-burden or otherwise impair the proper working of the Site, Services or Servers, which shall include but is not limited to denial-of-service attacks, phishing, spoof attacks, session hacking, sniffing, tampering, reverse engineering or reprogramming.
- You shall not collect and/or disseminate information about other Members or their email addresses without their consent.
- You shall not use the Account of another Member at any time, or hold out to be another Member at any time.
- You shall not duplicate, disable or otherwise impair the proper upkeep of any Account.
For avoidance of doubt, if any of the above restrictions, if taken together or separately, are held to be void or invalid for any reason, but would be held to be valid or effective if any part of its wording were deleted, that restriction shall apply with such deletions or amendments as may be necessary to make it valid and effective.
- Site and Services
- This Site is wholly owned and maintained by CATALA CONSULTING.
- CATALA CONSULTING may offer certain services through this Site (each, a “Service” and collectively, the “Services”) including:
- access to a collection of information, graphics, images and other types of works;
- access to optimization software and similar engines or tools;
- the provision of forecasting, analytics, analysis and market research;
- supporting and advising your pricing and inventory strategies;
- email alerts;
- blog contents or any other communication tools;
- any other features, content or applications that CATALA CONSULTING may offer on or through the Site from time to time, in its sole and absolute discretion.
- You acknowledge and agree that to access and use certain Services, you will be required to register as a Member and additionally shall be bound to strictly comply with the Member Conditions in addition to these Website Conditions.
- Content Use Conditions
- You may not reproduce, modify, adapt, translate, publish, display, communicate, transmit, broadcast, podcast, webcast, distribute, sell, trade or exploit for any commercial or other purposes, any portion of, or any access to any Service, the Site and any Content, unless prior written approval is obtained from CATALA CONSULTING.
- Without prejudice to the generality of Clause 4.1, you agree not to reproduce, display or otherwise provide access to the Services or Content on another website or server, unless prior written approval is obtained from CATALA CONSULTING.
- All Content constitute the copyrighted work of CATALA CONSULTING, and CATALA CONSULTING reserves and retains all rights in the Content. Use of some Content may be governed by the terms of an accompanying end user license agreement from time to time
- You may not decompile, reverse engineer or otherwise attempt to discover the source code of any Content available on the Site or through a Service except under the specific circumstances expressly permitted by law or unless prior written approval is obtained from CATALA CONSULTING.
- Intellectual Property
- The copyright, patents, trademarks, registered designs and all intellectual property rights in the Services, the Site, and all Content shall vest in and remain with CATALA CONSULTING at all times.
- The trademarks, logos and service marks (“Marks“) displayed on this Site are the property of CATALA CONSULTING, and all rights to the Marks are expressly reserved by CATALA CONSULTING. You are not permitted to use any Marks without the prior written consent of CATALA CONSULTING. CATALA CONSULTING shall aggressively enforce its intellectual property rights to the fullest extent permissible under the applicable laws. The name of CATALA CONSULTING or any other Marks, or any resemblance thereof, may not be used in any way, including in private publication, private enjoyment, any advertising or publicity, or as a hyperlink without prior written permission of CATALA CONSULTING.
- The domain name on which the Site is hosted on is the sole property of CATALA CONSULTING.
- Disclaimers and Limitations
- While we make every effort to ensure that all Content displayed on the Site is accurate and complete, we provide the Content without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, CATALA CONSULTING disclaims all warranties, express or implied, including, but not limited to, implied warranties of satisfactory quality, merchantability or fitness for a particular purpose, compliance with description, or the warranty of non-infringement. Without limiting the foregoing, CATALA CONSULTING does not warrant that the functions contained in or access to the Site, Services, Content or other content will be timely, uninterrupted or error-free or without omission, that defects will be corrected, or that the Site, Services, Content or the Servers are free of viruses or other harmful components, or that the download, installation or use of any Content in or with any Computer will not affect the functionality or performance of the Computer. You assume the entire cost of all necessary servicing, repair, or correction, including any defect, problem or damage in any Computer.
- CATALA CONSULTING does not warrant or make any representations regarding the use or the results of the use of the Content, the Services, the Site or the Servers in terms of their correctness, accuracy, completeness, reliability, or otherwise.
- The data and information made available on the Site are of a general nature and do not purport, and shall not in any way be deemed, to constitute any professional or expert advice. You should at all times consult a qualified expert or professional adviser to obtain advice and independent verification of the information and data contained herein before acting on it. Any financial or investment information in this Site is intended to be for your general information only. You should not rely upon such information in making any particular investment or other decision which should only be made after consulting with a fully qualified financial adviser. All information on the Site and all Content are not intended to constitute, nor purport to be, any form of investment advice or any inducement, invitation or recommendation relating to any of the services referred to.
- You agree that all statements, information, opinions, materials, Content and other contents on this Site should be used, accepted and relied upon only with care and discretion and at your own risk, and CATALA CONSULTING shall not assume nor be responsible for any loss, damage or liability incurred by you arising from such use or reliance, in any manner whatsoever.
- CATALA CONSULTING shall be entitled at any time, at its sole and absolute discretion and without prior notice:
- add to, vary, terminate, withdraw or suspend the operation of the whole or any part or feature of the Site or Services without assigning any reason; and/or
- disrupt access to or the operation of the Site, Servers and/or the Services,
and in the occurrence of any of the foregoing events, CATALA CONSULTING shall not be liable for any loss, liability or damage which may be incurred by you as a result.
- In no event shall CATALA CONSULTING be liable to you for any damages, losses, expenses, liabilities under any causes of action (whether in contract or tort including, but not limited to negligence, or otherwise) caused through the use of, or the inability to use, the Content, Services, the Site, or any other website associated with CATALA CONSULTING. In the event that CATALA CONSULTING is liable for damages despite the foregoing provision, you agree that CATALA CONSULTING’s aggregate liability to you for any and all causes of action in relation to the Content, Services, Site, and this Agreement, shall not exceed (i) the total amount of fees and charges paid by you for the Services to CATALA CONSULTING for the one (1) month period immediately preceding the time such liability arose; or (ii) £1,000.
- Under no circumstances shall CATALA CONSULTING be liable for any indirect, special, consequential, or incidental damages that result from the use of, or the inability to use, the Content, Services, Site, or any other website associated with CATALA CONSULTING, even if CATALA CONSULTING or its authorised representative has been advised of, or should have foreseen, the possibility of such damages
- To the maximum extent permitted by applicable law, CATALA CONSULTING disclaims all liability for any direct, incidental or consequential damage or loss suffered by you that may result from the collection, use or disclosure of your Personal Data, including but not limited to any loss of, or any inability to retrieve, any Personal Data, howsoever caused, or any inaccuracy in the Personal Data presented, used or transmitted.
- Data Use and Privacy
- Notification of Infringement
- CATALA CONSULTING reserves the right to investigate notices of copyright, trademark and other intellectual property infringement (“Infringement”) in respect of Content on the Site (“Infringing Material”) and take appropriate action.
- If you believe that your work has been used or copied in a way that constitutes Infringement and such Infringement is occurring on this Site, please notify CATALA CONSULTING in writing immediately in the form and containing the information prescribed by the Copyright Act of United Kingdom (“Infringement Notice”) by sending such Infringement Notice to the following:
Data Protection Officer
CATALA CONSULTING Ltd
- CATALA CONSULTING will duly consider all Infringement Notices submitted in the above manner. In return, you agree that you shall not take any legal action or exercise any legal remedy you may have against CATALA CONSULTING in respect of any Infringing Material, unless you have first given CATALA CONSULTING the Infringement Notice and sufficient opportunity to remove the Infringing Material, and thereafter CATALA CONSULTING refuses or fails to remove the Infringing Material within a reasonable time. Where CATALA CONSULTING removes the Infringing Material in response to your Infringement Notice, you agree not to exercise and you hereby waive, any right of action against CATALA CONSULTING under applicable law which you may have in respect of any Infringing Material appearing on the Site prior to such removal by CATALA CONSULTING.
- This Site is wholly owned and operated by CATALA CONSULTING in London. CATALA CONSULTING makes no representation that the Contents of the Site are appropriate for use or permitted by local laws in all jurisdictions. Those who choose to access this Site from any location or country do so on their own initiative and are responsible for compliance with local laws or regulations, if and to the extent local laws are applicable, and legal advice should be sought in any event of doubt.
You agree to indemnify and hold CATALA CONSULTING, and its subsidiaries, affiliates, officers, agents, partners, and employees, harmless from all claims, demands, actions, proceedings, liabilities, penalties, and costs (including without limitation, legal costs on a full indemnity basis), awards, losses and/or expenses, due to or arising out of:
- any use of the Site or any Service;
- your breach of any terms and conditions of these Website Conditions;
- your violation of any rights of another person or entity; or
- your breach of any statutory requirement, duty or law.
- If any provision of these Website Conditions is found to be illegal, void or unenforceable under any law that is applicable hereto or if any court of competent jurisdiction in a final decision so determines, these Website Conditions shall continue in force save that such provision shall be deemed to be deleted.
- Relationship between Parties
- Nothing in these Website Conditions shall constitute or be deemed to constitute an agency, partnership or joint venture between CATALA CONSULTING and you and neither party shall have any authority to bind the other in any way.
- A failure by CATALA CONSULTING to exercise or enforce any rights conferred upon it by these Website Conditions shall not be deemed to be a waiver or variation of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.
- Rights of Third Parties
- Except as provided for in Clause 11, a person or entity who is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act of United Kingdom to enforce any term of this Agreement.
- Force Majeure
- Neither party shall be liable to the other party for any breach of these conditions of use under this Agreement resulting from any event or circumstance beyond such party’s reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, a breakdown of systems or network access, fire explosion or accident.
- Applicable Law
- This Agreement, including the Website Conditions and all matters relating to your access to, or use of, this Site and the Services, shall be construed, interpreted and applied in accordance with, and shall be governed by, the published and publicly available laws, regulations and decrees duly issued by the public authorities of the United Kingdom.
- Parties agree to submit to the non-exclusive jurisdiction of the United Kingdom courts.