Terms & Conditions

General

Thank you for visiting this website (the “Website”). Access to and use of the Website is subject to the following Terms and Conditions (the “Terms”) and the Notice of Copyright set out below.

By use and access to the Website you agree to be bound by the Terms which take effect immediately on your first visit and further shall apply to all subsequent visits to the Website. The Terms may be changed at any time and without notice to you or any other visitor to the Website. Such changes to these Terms as may be made from time to time shall appear in writing here. All visitors are politely requested to read these Terms and to review the Terms regularly to ensure that they are aware of them and any changes as they occur. Your continued use of the Website after any changes to the Terms have occurred means that you have agreed to be bound by the Terms as amended.

This Website has been prepared for information purposes only. Any views expressed or comments made in any part of the Website are the opinions of the respective author only and are not to be taken as being the opinions of or endorsed by the Ensign Trust.

Links to Third Party Sites

The Website may contain links to other websites (the “Linked Sites”).

The Linked Sites are not under the control of the Ensign Trust and so no responsibility or liability can be accepted for the content of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Similarly the Ensign Trust is not responsible for any webcasting or any other form of transmission received from any Linked Site.

This Website provides links to Linked Sites purely as a convenience and inclusion of any link does not indicate any express or implied endorsement of the Linked Site or any association with its operators. No mention of any organisation, company or individual on this Website or on any Linked Site implies any approval or warranty by the Ensign Trust as to the standing, integrity or capability of any such organisations, companies or individuals. Accordingly the Ensign Trust does not accept any liability in connection with any Linked Site that can be accessed through this Website and does not endorse or approve the contents of any such Linked Site.

No Unlawful or Prohibited Use

As a condition of your use of this Website, you warrant to the Ensign Trust that you will not use this Website for any purpose that is unlawful or prohibited by these Terms and Conditions, the Disclaimer, the Privacy Policy or any other Notice.

You may not use this Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any material or information through any means where such material or information is not intentionally made available or provided through the Website by the Ensign Trust.

Use of Communication Services

This Website may contain bulletin board services, message boards, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you and/or the Ensign Trust and/or other visitors to communicate with one another, the public at large or with a group (collectively, “Communication Services”).

You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

• Defame, libel, slander, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy, copyright, trademark or publicity) of others.
• Publish, post, upload, distribute or disseminate any inappropriate, menacing, misleading, profane, offensive, defamatory, libellous, slanderous, infringing, obscene, pornographic, indecent or otherwise unlawful words, usernames, material or information.
• Promote any illegal activity or violate any applicable local, national, international or foreign law, statute, ordinance or regulation including (without limitation) laws and regulations governing export control, or would give rise to any criminal or civil liability whatsoever.
• Promote bigotry, unlawful discrimination, racism, prejudice, hatred, violence, physical or psychological harm to any individual or group.
• Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
• Upload files that contain viruses, trojans, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or extract information.
• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
• Conduct or forward surveys, contests, pyramid schemes or chain letters.
• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
• Restrict or inhibit any other user from using and enjoying the Communication Services.
• Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
• Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
• Violate any applicable laws or regulations.

Any and all information or other material posted on or provided to this Website shall remain the sole responsibility of the person posting or providing it. Accordingly the Ensign Trust does not approve or take any responsibility for material posted or provided by you or other users of the Website.

The posting of any inappropriate material anywhere on this Website is prohibited.

Any inappropriate material may be deleted without notice at the sole discretion of the Ensign Trust.

Exercise of this discretion does not mean that the Ensign Trust approves or takes any responsibility for any material posted or provided by you or other users.

The Ensign Trust accepts no obligation to monitor the Communication Services. However, the Ensign Trust reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion.

The Ensign Trust reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

The Ensign Trust reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the Ensign Trust’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service.

The Ensign Trust does not control or endorse the content, messages or information found in any Communication Service and, therefore, the Ensign Trust specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized to speak on behalf of the Ensign Trust, and their views do not necessarily reflect those of the Ensign Trust.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

Materials Provided to or Posted on the Website by Visitors

The Ensign Trust does not claim ownership of the materials you provide to them or the Website (including feedback and suggestions) or otherwise post, upload, input or submit to the Website or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting the Ensign Trust, its licensees, affiliated entities and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet and other businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. The Ensign Trust is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in the Trust’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Limitation of Liability

The Disclaimer displayed on the Website is a condition of these Terms and Conditions.

The Website is updated from time to time, but may not always be up to date in every respect similarly it is possible that the information, commentary, software, products and services included or available through the Website may include inaccuracies or typographical errors. While all reasonable efforts are made to avoid this visitors must take care to check the accuracy of that information or commentary.

No liability is accepted by the Ensign Trust for any loss arising from inaccurate or incomplete information or commentary, howsoever caused.

The Ensign Trust reserves the right to change the Website and any information therein. The Ensign Trust and/or its suppliers, associates or employees may make improvements and/or changes to the Website at any time. The information and commentary contained in, received from or provided through the Website should not be relied upon for personal, medical, legal or financial decisions and you are advised to consult the Ensign Trust directly or another suitably qualified professional for specific advice relevant to your precise circumstances or individual case. Accordingly the content of this Website and any information or commentary contained therein, is not intended to and does not constitute legal advice.

You agree that any material downloaded or otherwise accessed through the use of the Website is obtained entirely at your own risk and that you will be entirely responsible for any resulting damage to software or computer systems and/or any resulting loss of data, howsoever caused.

The Ensign Trust, its suppliers, associates and employees make no representations about the suitability, reliability, availability, timeliness and accuracy, for any purpose, of the information, software, products, services and related graphics contained in or on the Website. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. The Ensign Trust and its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.

To the maximum extent permitted by applicable law, in no event shall the Ensign Trust or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, loss of chance, data or profits, arising out of or in any way connected with the use or performance of the Website, with the delay or inability to use the Website or related services, including email, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise, even if the Ensign Trust or any of its suppliers, associates, agents or employees have been advised of the possibility of damages.

You are reminded that if you disagree or are dissatisfied with any portion of the Website, or with any of these Terms and Conditions, your sole and exclusive remedy is to discontinue using the Website.

Termination and Restriction of Access

The Ensign Trust reserves the right, in its sole discretion, to terminate your access to the Website and the related services or any portion thereof at any time, without notice.

Jurisdiction: The Law of England and Wales

This Agreement is governed by the Law of England and Wales and you hereby consent and submit to the exclusive jurisdiction and venue of the courts of England and Wales in all disputes arising out of or relating to the use of the Website.

The use of this Website is unauthorised in any jurisdiction that does not give effect to all provisions of these Terms and Conditions, including without limitation this paragraph.

The omission by the Ensign Trust to exercise any right under these Terms and Conditions shall not constitute a waiver of such right unless formally waived in writing.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Ensign Trust as a result of this Agreement or use of the Website. The Trust’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of the Trust’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by the Trust with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth elsewhere and above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.

Unless otherwise specified herein, this Agreement constitutes the entire agreement between the user and the Ensign Trust with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Ensign Trust with respect to the Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Further you and the Ensign Trust agree that this Agreement and all related documents shall be in English.

Notice of Copyright

The Ensign Trust retains copyright, where held, in all material placed on this Website.

All information and commentary is the Copyright of the Ensign Trust. All rights reserved.

Permanent storage or copying of the whole or part of this Website or the information or commentary contained in it or reproduction or incorporation of any part of it in any work or publication whether paper or electronic is expressly prohibited.

Trademarks

The names of actual organisations and products mentioned herein may be the trademarks of their respective owners.

Any rights not expressly granted herein are reserved.

Complaints

You have a right to complain about any aspect of the service provided to you, which includes the right to complain about the fee you are charged.

It is important that you raise any concern that you have as soon as possible in order that efforts can be made to resolve any problems in a prompt and fair manner. You are a valued client and your satisfaction is of the highest importance.