Terms of use
These are the Terms and Conditions of Service and Privacy Policy ("Terms") which govern the use of the sites owned or operated by Panacea Publishing International Limited, including but not limited to www.panaceapublishinginternational.com. These terms contain important information about your position under applicable law and regulations when using these sites. Please read these Terms carefully. By accessing these sites, you agree to be bound by these Terms, as amended from time-to-time, regardless of whether you register as a user. It is your responsibility to bring these Terms to the attention of anyone who may, through you, view material on these sites. If you have any questions, please contact the publisher at editorial@panaceapublishinginternational.com.
1. Introduction
1.1 This Site is owned and operated by Panacea Publishing International
Limited. The Site may be supported by sponsoring organisations and
advertisers ("the Sponsors") whose names appear on the Site and whose
own sites can be accessed by Internet links from the Site.
1.2 Some
areas on the Site may only be available to registered users or paid
subscribers who have gone through the registration process.
2. Conditions of Use and Intellectual Property
2.1 All rights in the material on the Site and news by e-mail (together
"the Content") belong to Panacea Publishing International Limited
('Panacea') or its third party licensors and are protected by
copyright, trademarks, service marks and/or other proprietary rights
and laws of the UK and other countries. All individual articles,
columns, emails and other elements on the Site are also copyright works
and you agree to abide by all applicable copyright and other laws, as
well as any additional copyright notices or restrictions contained on
the Site or in these Terms. The business may licence third parties to
use the Content in its sole discretion.
2.2 You agree to use the
Site and the Content solely for your own use and benefit and not for
resale or other transfer or disposition to any other person or entity.
You further agree not to use, transfer, distribute or dispose of any
Content in any manner that might compete with the business of Panacea.
2.3 You accept that the Site is not configured for and is not to be used for transactions or the provision of advice.
2.4 Subject to the above, you may retrieve and display Content from the
Site on a computer screen, print individual pages on paper (but not
photocopy them) and store such pages in electronic form on disc (but
not on any server or other storage device connected to a network) but
you may not reproduce, modify or exploit any of the Content for
commercial purposes.
2.5 If it is brought to our attention that
you have indeed sold, published, distributed, retransmitted or
otherwise provided access to article(s) from the Content to anyone
without the prior written permission from Panacea, we will invoice you
for a copyright abuse penalty fee of £1,000 per article, which will be
payable immediately upon receipt of the invoice. Any request for
permission to reuse, repurpose, republish or reprint can be sent to the
publisher at talktous@businesstraveller.com
2.6 Business Traveller is a trade mark and may not be used without the business's express written permission
2.7 You are responsible for procuring the necessary equipment and the
payment of telephone and other charges necessary to access the Site.
3. Registration
3.1 In order to access the Site, you may need to follow a registration
process and select a User ID and password. You will provide Panacea
with certain necessary details, all of which must be both accurate,
complete and up to date. It is your responsibility to update Panacea
immediately with any changes to the information provided.
3.2
Your registration is personal to you and you are responsible for
maintaining the confidentiality of your password and User ID. You shall
be responsible for all use of the Site made by anyone using that
password and User ID. Any unauthorised use of the Site and/or of your
password and User ID should be notified to the business immediately.
4. Data Protection
Panacea and you agree to comply with applicable data protection laws.
Subject to the Privacy Policy, which forms part of these Terms,
normally, data relating to you will not be disclosed to any third party
unless you have specifically agreed to this by clicking on the opt-in
button on the Site.
5. Interactive Services
5.1 The Site
may contain bulletin boards, discussion groups and other public areas
that allow interactivity between users and feedback to be provided to
Panacea (together "Interactive Areas"). Panacea does not control and is
not responsible for the information and/or materials posted to
Interactive Areas ("Posted Material") but reserves the right without
reference to any third party to delete, move or edit any Posted
Material or part thereof. It is a condition of your access to the Site
and to the Interactive Areas in particular that you waive all rights
(legal, moral or otherwise) in any Posted Material.
5.2 You are
responsible for the content of your Posted Material and must comply
with any additional rules which may, from time to time, be issued at
particular locations within the Interactive Areas. In particular, you
may not within the Interactive Areas:
(a) post, publish or link to any specific matter which is or could be taken to be the provision of advice;
(b) post, publish or link to any information obtained in breach of
confidence or which is otherwise contrary to applicable law or
regulation;
© post, publish or link to any information or
messages which are obscene, defamatory, threatening, degrading or which
infringe copyright or any other rights of any third party or which are
otherwise unlawful;
(d) post, publish or link to any advertising or promotional material or any chain e-mails, "spam" or mail bombs;
(e) impersonate any person, company, group or entity or misrepresent a relationship to or with any of the same;
(f) post or publish any information or messages containing a virus or other harmful component;
(g) disguise the origin of any message;
(h) collect or store other users' personal data; or
(i) prevent or restrict the use of the Site and the Interactive Areas by other users..
5.3 By accessing the Interactive Areas, you agree to indemnify and hold
harmless on demand Panacea from all claims, costs and expenses
(including legal and other professional fees) which Panacea might
suffer arising out of any of your Posted Material.
5.4 You
acknowledge that Panacea does not have control over the users posting
messages to the Interactive Areas. As a result, Panacea cannot
guarantee the veracity or accuracy of Posted Material. All use of the
Interactive Areas is at your risk. You should not rely on Posted
Material in any way.
5.5 Representatives of Panacea may also
submit Posted Material to the Interactive Areas. In doing so, such
representatives shall act in a personal capacity and any views they
might express shall not be considered as the views of Panacea nor as
the views of a professional advisor.
5.6 You hereby agree to
grant Panacea a non-exclusive, perpetual, royalty-free licence to use,
reproduce, modify, licence all or part of your Posted Material,
including to licence third parties to use the same.
6. Linking
6.1 You may create a link from your web site to the home page of the
Site provided that you do not link to the Site from any site containing
obscene, defamatory, threatening or degrading material or material
which infringes the intellectual property or other rights of any third
party or which is otherwise unlawful.
6.2 Upon linking to the
Site pursuant to these Terms, Panacea shall grant you a non-exclusive,
non-transferable, royalty-free licence to use the Business Traveller
trade mark solely for the purposes of providing an underlined, textual
link from your web site to the Site. No other use of the Business
Traveller trade marks or name is permitted without the express prior
written permission of the business.
6.3 The potential linking to
an internal or subsidiary page of the Site located one or several
levels down from the home page ("Deep Linking") or the bringing up of
or presenting Content within another web site ("Framing") is not
permitted without our prior written permission. You must seek and
obtain the prior written permission of Panacea before Deep Linking or
Framing the Site or any Content by contacting Panacea providing:
(a) your name, e-mail address and telephone number;
(b) the name of your company;
© the web address(es) where the proposed Deep Linking or Framing will occur;
(d) specific details about the contemplated Deep Linking or Framing.
7. Links to External Sites
7.1 The Site may contain links to other web sites provided by Sponsors
or other independent third parties ("External Sites"), either directly
or by framing. Panacea shall endeavour to highlight such links. Panacea
shall not be responsible for the availability or content of External
Sites and will not be a party to, or responsible in any way for, any
arrangements regarding goods or services available from such External
Sites.
7.2 The Site may be used to purchase products or services
from Panacea's third party partners or Sponsors. Any such contracts
will be exclusively between you and the relevant third party or Sponsor
and Panacea shall not be responsible in any way for any costs, claims,
damages and liability arising in relation thereto, even if the contract
in question was entered into through the Site.
8. E-mail
Panacea may give the option to subscribe to its e-mail news service
through the Site. Your use of that service and any Content shall be
subject to these Terms.
9. Third Party Content
The Site
may, from time to time, contain contributions from independent third
parties as well as advertising and sponsorship. Each such third party,
advertiser and/or Sponsor shall be responsible for all aspects of the
material they submit and Panacea shall accept no responsibility for any
errors or inaccuracies in any such material.
10. Competitions and Prizes
From time to time, Panacea may run competitions, prize draws and
promotions on the Site. These shall be subject to additional terms and
conditions applicable in each individual instance and which shall be
made available at the time of such competitions.
11. Changes
Panacea shall have the right at any time, in its sole discretion, to
make modifications, additions or deletions to the Site, the Content,
the Interactive Areas and these Terms. Any changes to these Terms will
be notified to you by e-mail or by publishing the revised Terms on the
Site. By continuing to access the Site following a change to the Terms,
you agree to be bound by any changes thereto.
12. Representations, Warranties and Indemnities
12.1 You represent, warrant and undertake that: (a) you have the
capacity to enter into this agreement; (b) you are at least eighteen
(18) years of age; © you will not infringe the copyright or any other
intellectual property rights of Panacea; (d) you will comply fully with
the Terms; (e) you will not copy, reproduce, recompile, decompile,
disassemble, reverse engineer, upload, download, transmit, create
derivative works from or otherwise exploit the Site or any software
which is proprietary to Panacea or any of its third party partners.
12.2 You hereby agree to indemnify and hold harmless Panacea and keep
Panacea fully and effectively indemnified on demand against all costs,
claims, damages, liability and expenses (including any professional
fees) which Panacea might suffer by reason of a breach by you of the
Terms and in particular any of the above representations. For the
avoidance of doubt, this indemnity shall extend to any losses which
Panacea may suffer as a result of the use by third parties of your
password and User ID except in circumstances where you can demonstrate
to Panacea's satisfaction that such third party obtained the relevant
details through no fault of your own.
13. Disclaimer and Limitation of Liability
13.1 The Content on the Site is provided by Panacea for your general
information only, is provided on an "as is" basis and is not intended
to address your particular requirements. In particular, the Content
does not constitute and form of advice or recommendation and should not
be relied on in making (or refraining from making) any specific
personal or business decision. You and your clients should seek
independent advice before making any such decisions. All arrangements
made between you and any third party named on the Site are at your sole
risk and responsibility.
13.2 Panacea makes no warranties or
representations, whether express or implied, in relation to the Site,
including but not limited to implied warranties or conditions of
completeness, accuracy, satisfactory quality and fitness for a
particular purpose.
13.3 Panacea also makes no warranty that the
Site will meet your requirements or that your use of the Site will be
uninterrupted, timely, secure or error-free.
13.4 Panacea obtains
the Content from a number of sources and disseminates the same over the
Internet (or other interactive electronic platform). As a result,
Panacea is not able to and gives no warranties in respect of the Site,
software and / or the Content. The Site is provided on an "as is" basis
and, to the extent permitted by law, any implied warranties of
merchantability or fitness for purpose and any warranties relating to
accuracy, completeness, standard of workmanship and level of care and
attention are expressly excluded.
13.5 To the extent permitted by
law, you agree that Panacea shall not be liable for any consequential
or incidental damages (including but not limited to any financial loss
and loss of business or profits) or for failure to meet any duties even
if Panacea or its representatives have been advised of the possibility
of such damages arising.
13.6 In the event of any damages arising
out of your use of the Site, you agree that such damages shall be
limited to the higher of the total amounts paid by you to Panacea in
the last month and the sum of £200.
13.7 Notwithstanding any
other provisions of the Terms, nothing shall limit Panacea's liability
in respect of death or personal injury caused by Panacea's negligence.
14. Privacy Policy
Please read the Privacy Policy, which is part of these Terms, and to which you consent.
15. Term and Termination
15.1 Use of and access to the Site is not subject to any particular
time limits. Without prejudice to the accrued rights of any party,
these Terms may be terminated at any time by either party without
cause. You may terminate these Terms by simply discontinuing your use
of the Site. Panacea may terminate these Terms and your use of the Site
at any time by electronic notice. These Terms shall terminate
automatically without notice from Panacea in Panacea's sole discretion,
in the event you commit a breach of any provision of these Terms.
15.2 Notwithstanding the provisions of this paragraph, paragraphs 12,
13 and 24 of these Terms shall survive a termination of the Terms and
shall remain in full force and effect thereafter.
16. Changes
Panacea reserves the right to modify, delete or change any aspect of
the Content, the Premium Content, the Interactive Areas, the Site and /
or any of the technical specifications of any aspect of the same. You
agree and acknowledge that such changes may result in you being unable
to access the whole or any part of the Site.
17. Force Majeure
Panacea shall have no liability for an event of Force Majeure, that is
an event or set of circumstances that is or are outside the reasonable
control of Panacea.
18. Headings
The paragraph headings
in these Terms are used solely for the sake of convenience and shall
not have any legal or contractual significance.
19. Entire Agreement
These Terms, as amended from time to time, and any other terms of
business on the Site shall constitute the entire agreement between you
and Panacea in relation to your use of and access to the Site.
20. Access outside of the UK
Panacea does not represent that the Content shall be appropriate or
available for use outside of the United Kingdom. If you access the Site
from outside of the United Kingdom, it is your responsibility to ensure
compliance with any foreign and local laws and requirements.
21. Severability
If any provision of these Terms is held to be invalid or unenforceable,
then the remaining provisions of the Terms and of the paragraph in
question shall remain in full force and effect.
22. Notices
Any notice which Panacea or you are required to give pursuant to these
Terms shall be made by e-mail or first class post, in the case of you,
to the address provided on your registration form and, in the case of
us, to the address posted on the Site.
23. Waiver
No
delay or omission on the part of Panacea in exercising any right, power
or remedy under these Terms shall impair or detract from such right,
power or remedy or operate as a waiver thereof.
24. Governing Law
These Terms shall be governed by and construed in accordance with
English law. By accessing the Site, you agree to submit to the
exclusive jurisdiction of the English Courts.
25. PANACEA PUBLISHING INTERNATIONAL LIMITED PRIVACY POLICY
Panacea collects information from our Users during the registration process and, occasionally, at other times. We try and make the process as rapid and straightforward as possible and we are grateful for the information our Users provide. The more accurate the information we receive from each User, the more specific we can be in our ongoing contact with them. This Privacy Policy sets out our information-gathering and dissemination practices for the Site.
Data Protection
The
Site will comply with the relevant English Data Protection laws, so
normally any personal details to be provided to us will not be
disclosed to third parties outside Panacea without the User's consent.
(please see paragraph 4 of the Terms, Data Protection).
Users should be aware and accept that, if Panacea is requested by
authorised third parties or regulatory or governmental agencies
investigating illegal activities to provide information concerning
Users activities whilst using the Site, the business shall do so.
Similarly, Panacea will disclose Users' personal data if Panacea is
compelled to do so by law. Panacea reserves the right to notify or
provide such information to the relevant authority if, in our sole
opinion, Panacea believe an emergency, illegal activity or some other
reasonable basis exists for us doing so.
Panacea reserves the right to store and use Users' personal data solely for its own internal purposes and business further reserve the right to access, monitor and retrieve password-protected information in order to fulfil our obligations in these terms and conditions.
Uses of Registration Information
Registration information we receive from Users is used by Panacea as follows:
(a) to allow us to ensure your continued access to the Site;
(b) to allow us to develop the site in ways that you will find relevant and interesting;
© to let us tell you about new material we have produced that is of relevant and interest to you;
(d) to provide our Sponsors with aggregate information about our User base and usage patterns.
When you register, you can choose not to be contacted by us in this
way. Any of our Users can also contact us at any time to ask to be
removed from our User list. If you wish to remove your details, you
should contact us.
On registration, you will be provided with an
opportunity to opt-out of receiving information from Panacea and our
partners and Sponsors.
Cookies
Users should be aware that Panacea uses cookies to identify registered users who return to the Site. It enables us to deliver tailored content to each of our Users and lets you store your own selection of material for future use. Some company networks block cookies which means that not all Users can enjoy these personalised components of the Site.
Security
Panacea operates secure data networks protected by industry standard security systems.
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