Terms & Conditions
Terms & Conditions
TERMS AND CONDITIONS OF BUSINESS AND SERVICES AND WEBSITE USAGE
Please read these Terms and Conditions carefully before using this Site and or before retaining the services of Jervis ICI Ltd. (hereinafter referred to as “Jervis”)
The services offered by Jervis including, but not limited to services advertised on www.jervisici.com are provided conditional upon and subject to your acceptance of the terms and conditions of use set forth herein and below. By browsing, accessing, linking, using and/or downloading information from this Site and or engaging the services of Jervis, you agree that you have read, understood, accept and abide by these Terms and Conditions for each use and each visit of this Site. If you do not agree to these Terms and Conditions, you should not access this Site and or you should not retain the services of Jervis.
These Terms and Conditions are entered into between Jervis and you. If you are using the web site and or retaining the services of Jervis on behalf of another person or corporation, you represent that you are authorized to accept these Terms and Conditions on that person’s or corporation’s behalf. Unless explicitly stated otherwise, these Terms and Conditions will govern your use of any new features that augment or enhance the current services, including the release of new products or services.
Reference in these terms to “you” or “your” refer to you as the user, visitor, purchaser, customer, client or surfer and or any other party to whom services are provided by Jervis either directly or indirectly, either on your or on behalf of others. Reference in these terms to “Jervis” constitutes reference to Jervis ICI Ltd, as provider or facilitator of the site, course(s) and or professional services rendered or to be rendered, its employees, directors, officers, agents, contractors, associated and or subsidiary companies, their respective heirs, assigns and successors.
2. Changes to Terms and Conditions
Jervis reserves the right, at any time, to modify, add to, delete from, alter, or update these Terms and Conditions, and you agree to be bound by such changes. Changes shall be effective immediately upon notice thereof, which may be given by any means including, but not limited to posting on this Site or by electronic or conventional mail. You agree to regularly review the Terms and Conditions posted at this Site and to be aware of changes. Your use of this Site following any changes constitutes your agreement to follow and be bound by these Terms and Conditions as changed.
4. Copyright and Trademarks
Unless otherwise noted, all content and all books, booklets, brochures, written materials, CDs, disks are subject to intellectual property rights, equitable and or legal, including copyrights and trade marks held or licensed by Jervis. Except as expressly provided herein, no license to use or reproduce the content of this website or of any written or hard copy materials of Jervis are given to you. All intellectual property rights therein are expressly reserved. Systematic retrieval of data or other content from this Site and or from the written materials of Jervis to create or compile, directly or indirectly, a collection, compilation, database or directory without express prior written permission from Jervis is strictly prohibited.
Jervis may from time to time provide links to other sites. It is understood and agreed that Jervis does not in any way endorse, sponsor or recommend the material of other sites and that you enter linked sites at your own risk and it is your responsibility to take such measures are necessary to protect you from viruses and other harmful or destructive elements. This Site will from time to time contain materials, data or information provided, posted or offered by third parties, including but not limited to advertisements. You agree that Jervis shall not have any liability whatsoever to you for any such third party material, data or information.
6. Submission of Information
Although Jervis may provide certain security in an effort to protect the electronic transmission of certain information that you submit to Jervis through this Site, Jervis does not guarantee the security of any information transmitted to or from this Site, including to or from any third party websites linked to this Site. Submission of any financial (e.g. credit card) or other information to PayPal for payments of courses or other materials linked to this site is entirely at your own risk and responsibility. Do not send any confidential or proprietary information to Jervis through this Site.
8. Courses, Course and Written Materials
It is understood and acknowledged that all courses, course and written materials including but not limited to the Site courses, workshop materials, books, booklets, brochures, articles and pamphlets or part thereof are the property of Jervis and are protected by copyright and or trademark. Use of or access to and or pirating of any course or part thereof, without payment and or registration as advertised on the Site, is strictly forbidden and is subject to penalty of law. It is forbidden to transmit, reproduce, copy, photocopy, photograph, re design, print, re-print, alter, amend, edit, pirate, transfer electronically or in hard copy form, display, re create in whole or in part any and all of these courses or part thereof to or share with a third party and or to display or transmit publicly and or to broadcast any of these courses.
9. Disclaimer and Waiver of Liability
Courses and or course related services provided on or in connection with this Site and or information offered by way of educational or instructional written materials are provided “as is” and are provided for your use. The content is provided without warranties or conditions of any kind, express or implied, it being understood that there are no guarantees, warranties of merchantability, fitness and or suitability for a particular purpose. Jervis, its directors or officers, its employees and or agents make no warranty or guarantee whatsoever that the information contained in this Site is accurate, reliable or correct. Your use of this Site is entirely at your own risk and expense. It is further agreed that Jervis, its officers, directors and employees or agents make no warranty or guarantee whatsoever that the course material is accurate, complete, reliable, current or correct. It is further agreed that the course content is for educational purposes only and is not to be substituted for legal, financial and or professional advice. It is acknowledged and agreed that Jervis, its officers, directors, employees and agents assume no liability whatsoever for loss, damage, expense or costs or injury, whether caused directly or indirectly, by negligence or otherwise, as a result of or arising from use of this Site and or from use of and or arising from its courses published herein.
It is further acknowledged, understood and agreed that all and any services provided by Jervis, including but not limited to mediation, expert witness, litigation support, consulting, audit, peer review, contentious claims review, insurance archaelogy and educational services are provided subject to and in accordance with an understanding and agreement that in providing these services, Jervis, its heirs, successors and assigns does not incur any liability whatsoever, whether arising from negligence or not, either directly or indirectly. It is further understood that you undertake and agree to hold harmless and indemnify Jervis, its directors, officers, employees, associated companies, their respective heirs, successors and assigns from any and all liability, howsoever arising, whether arising from negligence or not, either directly or indirectly and from all or any claims, suits, actions, demands for damage, loss, injury, costs, expenses and from consequential losses, howsoever arising. Expert witness services offered by Jervis are subject to and in accordance with the Academy of Experts Model Terms of Engagement for the Employment of Experts, available on request. These latter terms of conditions shall override all other terms and conditions.
If any clause, paragraph, term, condition or phrase of above and below mentioned terms and conditions is held by a tribunal or court or by any other judicial authority to be illegal and or unenforceable and or contrary to law, then such clause, paragraph, term, condition or phrase shall be severable from the balance of such terms and conditions and that said balance of terms conditions shall continue to be valid, binding and enforceable. Notwithstanding that any clause, paragraph, term, condition or phrase is held to be invalid and unenforceable, the balance of the terms and conditions shall not be in any way affected by such unenforceability or invalidity and will remain binding and valid.
11. Maximum Liability
In any event, the maximum liability of Jervis in respect to any claim(s) for loss, damage, expense, cost and or injury, howsoever arising, whether through negligence or otherwise, shall not exceed three times the amount of the services charged by Jervis, in the case in question, to the client or user or party engaging such services. It is hereby acknowledged, understood and agreed that payment of said amount shall constitute a full and final release and discharge of all and any liabilities whether occurring at the time of payment and or occurring at some future date and that no further claim shall lie against Jervis. The maximum liability of Jervis in respect to expert witness services shall be governed exclusively by the Academy of Experts Model Terms of Engagement for the Employment of Experts.
12. Jurisdiction and Forum Selection
These terms and conditions, including all services performed by Jervis are subject to English law and will be governed by the laws and jurisdiction of the courts and tribunals of England and Wales.
In the event of any dispute arising from these terms and conditions and or from the services provided and referred to hereunder and for any other reason, the parties shall first submit to Mediation within a period of 30 days.
In the event of any dispute arising from expert witness services, the dispute shall be governed by the Academy of Experts Model Terms of Engagement for the Employment of Experts