Information About Us

The Site is a website operated by EBS Europe Ltd. EBS is registered in Scotland with company number SC196145 and VAT number 735184038. Its registered office is at Cavalry Park, Peebles, Peeblesshire EH45 9BU.  For further information, please visit our About EBS section and for contact details, please visit our Contact Us section. 

Accessing the Site

The Site has two levels of access:-
(i) General Area: you do not need to register to use this area of the site, where you can access general information about EBS and our products and services.
Secure Area: you must be registered for access to this part of the site. Access will only be provided to you on a user name and password protected basis.  Use of this area of the site may be subject to further terms and conditions.  Once issued, you must keep your password confidential at all times. A description of how we will use any personal data that you provide when registering to access the Secure Area can be found in our Privacy Policy.

Your Obligations

You agree that in using the Site you will:-
(a) use the Site only for lawful purposes, and in a manner which does not infringe the rights of, or restrict or inhibit the use of the Site by any third party;
(b) not upload, post, transmit or distribute any material or information where you do not own or have the right to use any associated intellectual property rights, or any material which is unlawful or which is potentially harmful, threatening, abusive, libellous, defamatory, pornographic or otherwise obscene, racially or ethnically or otherwise objectionable or damaging to the reputation of EBS;
(c) not interfere with, damage or disrupt any part of the Site, any equipment, systems or network used to operate the Site, or attempt to access any secure area other than by using your username and password;
(d) not transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer or hardware;
(e) access the Site using a computer that is protected by a current version of a reputable virus checking program; and
(f) not reproduce, duplicate, copy or re-sell any part of the Site.
EBS will have the right to disable your access of the Site at EBS's sole discretion if EBS believes you are in breach of these Terms and in particular any of the requirements set out in (a) to (f) above.
By breaching provisions (c) and (d) above, you may commit a criminal offence under the Computer Misuse Act 1990. EBS will report any such breach to the relevant law enforcement authorities and EBS will co-operate with those authorities and disclose your identity, if known by EBS.

Trade marks

The names and logos identifying the Site and EBS and its products and services are either (a) proprietary marks of EBS; or (b) marks which EBS is licensed to use. Nothing in these Terms allows you to use any trade mark or any other intellectual property right of EBS or any third party (subject to the provisions below relating to copyright). 

Copyright

Copyright in the content (including but not limited to design, text and graphics) of all the pages on the Site is owned by EBS or its licensors (except where otherwise stated).  Reproduction of part or all of the contents in any form is prohibited other than in accordance with the following permissions.
EBS authorises you to carry out the following actions, provided that you comply with the Your Obligations section of these Terms:-
(a) view and display the content of the Site; and
(b) print or download extracts from or whole pages for your personal use provided you do not delete the copyright notice notices from any such printouts and downloads.
You must not modify the paper or digital copies of any materials that you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
You are not permitted to incorporate any materials, or any part of the materials, from the Site to any other work or publication, whether in hard copy, electronic or any other form. No part of the Site may be distributed or copied for any commercial purpose.

Reliance on information posted

EBS operates a policy of continual product development and all specifications outlined in the Site are indicative only and are subject to change.

Estimates of Fees and Charges

In addition to the provision of information, the Site provides a means by which you can request estimates from EBS for certain goods and services.  The following two types of estimate are available:
(a) Outline Estimate – a proposal of this kind is supplied as a high level estimate, which remains subject to further development following receipt by EBS of additional information.  On that basis, Outline Estimates must never be seen as legally binding offer by EBS to supply either goods or services.
(b) Binding Estimate – a proposal of this kind does constitute an offer by EBS to supply goods and services, however, no contract will exist between EBS and the recipient of that Binding Estimate until EBS' Full Terms and Conditions of Contract have been accepted by that recipient.

Site availability

EBS reserves the right to withdraw or amend the service EBS provides through the Site without notice. EBS will not be liable if for any reason the Site is unavailable at any time or for any period. EBS aims to update the Site regularly, and may change the content at any time. If the need arises, EBS may suspend access to the Site, or close it indefinitely. Any of the material on the Site may be out of date at any given time, and EBS is under no obligation to update such material.

EBS Disclaimers
 
EBS will take reasonable care in preparing the content of the Site, but the material displayed on the site is provided without any guarantees, conditions or warranties as to its accuracy, to the extent permitted by law EBS, its officers, employees, agents, representatives and third parties connected to EBS hereby expressly exclude:
(a) any and all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of tort or otherwise; and
(b) any and all liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the site or in connection with the use, inability to use, or results of the use of the Site, any websites linked to it and any materials posted on it, including without limitation, any liability for loss of income or revenue, business profits or contracts, anticipated savings, loss of opportunity, reputation, or goodwill, wasted management or office time, loss of information and loss of, or corruption to, data and for any further loss or damage of any kind, howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise, even if forseeable.  
Although EBS aims to ensure that the Site and any information hosted or downloaded from the Site is free from viruses and harmful code, EBS does not undertake, represent, warrant or guarantee that the Site and any documents, files and information hosted or downloaded from the Site will be free from viruses, trojan horses, worms, time bombs, keystroke loggers, spyware and other harmful programs or computer code designed to adversely affect the operation of any computer software or hardware. EBS will not be liable for any damage, loss, cost or expense which may be suffered by any person arising from any such harmful code or computer code.
Nothing in this Clause or these terms and conditions will exclude or limit EBS' liability for death or personal injury arising from EBS' negligence, nor EBS' liability for fraud, fraudulent misrepresentation, nor any terms implied by section 12 of the Sale of Goods Act 1979, nor any breach of section 2 of the Supply of Goods and Services Act 1982, nor any other liability which cannot be excluded or limited under any applicable law.
You acknowledge and accept that computer and telecommunications systems are not fault free and may from time to time require periods of downtime (being periods during which the Site is not available to the user) for the purposes of repair, maintenance and upgrading.  accordingly, EBS does not guarantee uninterrupted availability of the Site, but it will make reasonable efforts to minimise any periods during which the site is not available.

Information about the user and the users visits to the Site

EBS processes information about users of the Site in accordance with EBS' Privacy Policy [LINK]. By using the Site, you consent to such processing and warrant that all data provided by you is accurate. 

Hyperlinks

11.1 Links Out
Where the Site contains links to other sites and resources provided by third parties, these links are provided for your information only. EBS has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them.
11.2 Links In
You are granted a revocable, non-exclusive right to create a hyperlink to the Site, provided that the link does not portray EBS, its affiliates, or their products or services in a false, misleading, derogatory or otherwise offensive manner.  You may not use any EBS or "Inforgen" logo or trade mark as part of the hyperlink without EBS's prior written consent.

General

These Terms, the Privacy Policy and any other specific terms of use appearing anywhere on the Site constitute the entire agreement between EBS and you in relation to the use of the Site, and the Terms supersede any other agreements between the parties in this matter. If there is any conflict between these Terms and any information posted anywhere on the Site, these Terms shall prevail.
If any of these Terms should be found to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms are intended to be effective, then to the extent that the term or condition is illegal, invalid or unenforceable, it shall be severed and deleted from the Terms and the remaining Terms shall survive, remain in full force and effect and continue to be binding and enforceable. 
The rights of either party under these Terms may be exercised as often as necessary.  They are cumulative and not exclusive to either party’s rights under the general law, and may be waived only in writing.  Delay in exercising or non-exercise of any right is not a waiver of that right.
EBS is aware that some users may suffer from disabilities which make it difficult to access and use some parts of the Site.  Within the constraints of the technology used to construct the Site, EBS has made reasonable efforts to make the Site accessible to disabled users.  EBS would like to receive feedback from disabled users to help identify any features which such users may find difficulty to use and to allow EBS to deliver improvements to the service received by such users.  If a disabled user requires advice or would like to give feedback in relation to use of the Site, he/she should contact EBS via the Contact Us section of the Site. 

Variations

EBS may revise these Terms and the Privacy Policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes EBS has made, as they are binding on you.
 
Jurisdiction and applicable law

The Scottish courts will have exclusive jurisdiction over any claim arising from, or related to, your access to the Site save that, EBS retains the right to bring proceedings against you for breach of these conditions in the your country of residence or any other relevant country. These Terms are governed by Scots law.

Users' Concerns

If you have any concerns about material which appears on the Site, please contact EBS via the Contact Us section of the website.