Terms And Conditions
This website (the "Website") is the website of Fulcrum Group Holdings Limited (Fulcrum) and its subsidiary companies ("us" or "we").
The Website and the related services (the "Services") are operated and managed by Fulcrum.
Please read these terms and conditions of use of the Website ("the
Terms") carefully as by using the Website and/or Services you agree
to be bound by them. We reserve the right to vary the conditions of
use at any time and will post any variations here. You are advised
to review the conditions of use on a regular basis as you will be
deemed to have accepted variations if you continue to use the
Website and/or the Services after they have been posted.
If you do not agree to abide by these Terms you should not use
the Website or the Services in any way.
For clarity, in these terms "you" and "your" means any natural
or legal person who uses the Website or the Services and each
entity on whose behalf the user acts.
Using the website
Wherever you are asked to provide information in connection with
the Website or the Services, you agree to provide true, accurate,
current and complete details. It may not be possible to provide you
with the Services if you do not provide the minimum mandatory
information required. You of course don't have to provide us with
any optional information requested. Please notify us immediately of
any changes in such information. Please refer to the Website's
Conditions) for more details of our data processing activities.
You agree to abide by all applicable laws, regulations and codes
of conduct (including those that are self regulatory) and you agree
to be solely responsible for all things arising from your use of
the Website and the Services. You agree that you will always
respect the privacy of your fellow internet users.
If you post any material on the Website, you agree to grant
Fulcrum a perpetual, irrevocable, royalty-free licence to use any
such material as we each see fit and without notice to you unless
otherwise agreed in writing between you and us.
You agree not to:
- Impersonate another person or use a false name or a name you
are unauthorised to use or create a false identity or e-mail
address or try to mislead us or others as to identity or origin of
any communications or to provide inaccurate or unreliable contact
- Modify, access or make available data stored on a computer or
device which you have accessed through our network, when either:
the owner of the data, computer or device has taken steps to
prevent you from doing this; or the owner has expressed a wish that
you do not do this.
- Make available or upload files that contain software or other
material, data or information not owned by or licensed to you or
collect information about others (e.g. names/addresses) without
their prior consent.
- Damage, interfere with or disrupt access to the Website or
Services or do anything which may interrupt or impair their
- Use the Website or Services in any way to send unsolicited
(commercial or otherwise) e-mail ("Spam") or any material for
marketing or publicity purposes, or any similar abuse of
- Save as authorised in these Terms or as agreed in writing
between you and us, resell any part or aspect of the Website or
- Publish, post, distribute, disseminate or otherwise transmit,
defamatory, offensive, infringing, obscene, indecent or other
unlawful or objectionable material or information.
- Threaten, harass, stalk, abuse, disrupt, or otherwise violate
the rights (including rights of privacy and publicity) of,
- Make available, upload or distribute by any means any material
or files that contain any viruses, bugs, corrupt data, "trojan
horses", "worms" or any other harmful software.
- Falsify the true ownership of software or other material or
information contained in a file made available via the Website or
- Obtain or attempt to obtain unauthorised access, through
whatever means, to the Website or the Services, other services or
computer systems or areas of our, or any of our partners', networks
which are identified as restricted.
- Disclose any security details, such as logins or passwords, to
any third parties and to keep such information secure.
Fulcrum take every care and precaution to ensure that
information published on the Website is accurate when posted and
regularly updated, but we cannot be held liable for its accuracy or
timeliness and may change the information at any time without
notice. You must not rely on information on the Website and you
acknowledge that you must take appropriate steps to verify this
information before acting upon it. No warranty or representation is
made in respect of the timeliness or accuracy of any information
sent to you by the updating service.
We reserve the right to remove any information or material on
the Website without warning, and without prejudice to any other
accrued rights, and/or to make available such information or
material when required to do so by law or when requested to by
regulatory bodies or law enforcement organisations.
You will remain responsible and liable for material you upload
on to, or access from, the Website and/or Services, and you will
indemnify Fulcrum, in the manner set out below in these Terms in
relation to your accessing or uploading.
FULCRUM PUBLISH THE WEBSITE "AS IS" WITHOUT ANY WARRANTY OF ANY
KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, THE
ACCURACY OF THE INFORMATION OR THE PRODUCTS OR SERVICES REFERRED TO
ON THE WEBSITE AND FULCRUM SHALL NOT BE LIABLE, EXCEPT FOR DEATH
AND PERSONAL INJURY ARISING FROM OUR NEGLIGENCE OR
MISREPRESENTATION, FOR ANY LOSSES OR DAMAGE, WHETHER DIRECT OR
INDIRECT ( INCLUDING, WITHOUT LIMITATION DIRECT OR INDIRECT LOSS OF
PROFITS), CONSEQUENTIAL, SPECIAL OR OTHERWISE INCIDENTAL THAT MAY
RESULT FROM USE OF THE WEBSITE OR THE SERVICES HOWSOEVER
Any reference to any product or service which has been or may be
provided by Fulcrum does not amount to a promise that such product
or service will be available at any time. Changes to or
improvements in such products or services may be made at any time
We make no warranty whatsoever as to any goods or services
purchased or obtained or offered to you by third parties through
the Website and/or Services. Your dealings with any third parties,
in particular advertisers and/or merchants, through the Website
and/or Services, and any terms, conditions, warranties or
representations with such third parties, are solely between you and
such third party.
The information contained in this Website is not intended to
supplement the information provided to customers for the purposes
of determining amounts payable to Fulcrum, or due by Fulcrum to
Suppliers. The format, content and frequency of the information is
such that it has been developed for information purposes only and
not for financial analysis purposes or the audit of amounts payable
to or by Fulcrum.
You agree to indemnify and hold Fulcrum and any of their
respective officers, employees and agents harmless from and against
all and any expenses, losses, liabilities, damages, costs or
expenses of any character incurred or suffered and any claims or
legal proceedings which are brought or threatened, in each case
arising from your use of, or conduct on, the Website and/or
Services and/or any breach of these Terms.
Fulcrum own the copyright in the content published on the
Website except where otherwise indicated by a third party's
proprietary notice. Images, trade marks and brands are also
protected by other intellectual property laws and may not be
reproduced or appropriated in any manner without written permission
of their respective owners. Unless specifically prohibited by a
notice published on any page, you may make a print copy of such
parts of the Website as you may reasonably require for your own
personal use provided that any copy has attached to it any relevant
proprietary notices and/or disclaimers. You agree not for yourself
or through or by way of assistance to any third party distribute,
decompile, reverse engineer, disassemble or otherwise deal in or
with the Website or materials therein or otherwise commercially
exploit such material or content.
Fulcrum may terminate the Services, or restrict your access to
them and the Website, refuse to sell/supply to or correspond with
you, and/or remove your details from the relevant database without
prejudice to any other accrued rights, without prior notice to you
where: (i) there is a regulatory or statutory change limiting the
ability to provide the Website and/or Services; (ii) any event
beyond the reasonable control of Fuclrum thereby preventing us from
continuing the Services (for example, and without limitation,
technical difficulties, capacity problems and communications
failures); (iii) Fulcrum, consider in their respective sole
discretion that you are abusing the Website and/or Services or are
otherwise acting in breach of these Terms.
On termination, we may remove your material, if applicable,
including e-mail addresses and shall have no obligation to forward
any unread or unsent messages to you or third parties; on such
termination your user name and password will become available to
others. Such termination will not affect any of your accrued
liabilities incurred prior to such termination.
The express provisions of these Terms are in place of all
warranties, conditions, terms, undertakings and obligations implied
by statute, common law, custom, trade usage, course of dealing or
otherwise, all of which are excluded to the fullest extent
permitted by law.
We reserve the right to monitor and track your visits to this
You shall be responsible for obtaining access to the internet in
order to view the Website and take advantage of the Services and
shall pay any service fees, telephone charges or other costs
associated with such access.
Viruses, security and compatibility
While certain precautions have been taken to detect computer
viruses and ensure security, we cannot guarantee that the Website
and the Services are virus-free and secure and they shall not be
liable for any loss or damage which occurs as a result of any virus
or breach of security. You shall protect your computer systems from
exposure to viruses by the use of anti-virus software, firewalls
and any other technical measures necessary. Fulcrum give no
warranties as to the compatibility of the Website and the Services
with your computer systems, software and/or hardware.
Fulcrum reserve the right at any time to modify or discontinue,
temporarily or permanently, any of the Services or your access to
or use of the Website and/or Services or any of your logins or
passwords with or without notice. Fulcrum has no liability to you
for any loss or damage whatsoever in respect of any action it takes
pursuant to this paragraph.
Other websites and links
For your interest and/or amusement, from time to time we will
make available to you hypertext links from the Websites and/or the
Services to third party sites both within and outside European
Union. However, these sites are not in any way approved, checked,
edited, vetted or recommended by Fulcrum and you agree that Fulcrum
shall not be liable in any way for the content of such sites or for
any dealings that you may have, or the consequences of such
dealings, with such third party site operators. In particular you
agree that any dealings you have with such third party site
operators shall be on the terms and conditions (if any) of the
third party operator.
If any provision of these Terms, or any part of a provision of
these Terms, is found to be illegal, invalid or unenforceable the
remaining provisions, or the remainder of the provision concerned,
shall continue in effect. A failure or delay by Fulcrum in
enforcing compliance with any provision of these Terms shall not be
a waiver of that or any other provision of these Terms. None of
these Terms shall be enforceable under the Contracts (Rights of
Third Parties) Act 1999 by any third party. You may not assign any
of your rights or obligations under these Terms. The headings used
in these Terms are for convenience only and shall not affect
interpretation. In these Terms, unless specified to the contrary,
use of the singular is deemed to include the plural, use of any
gender is deemed to include every gender and any reference to a
person is deemed to include a corporation, a partnership and any
other body or entity; and (in each case) vice versa.
These Terms constitute the entire agreement and understanding
between Fulcrum and you and shall supersede any prior agreement or
representation in respect thereof.
Any and all notices to be given by either one of us to the other
pursuant to or in connection with these Terms shall be deemed
sufficiently given when forwarded by e-mail or facsimile
transmission in each case addressed to you at the e-mail address or
facsimile number you have given us or to us at the e-mail address
or facsimile number displayed on the Website.
These conditions of use are governed by the laws of England and
Wales and you agree that the English courts shall have exclusive
jurisdiction in any dispute.