
Terms Of Use
Updated June 2011
Treatt Plc, its subsidiaries and associated companies (collectively "Treatt Plc"), provide this Web Portal as a service to its customers, suppliers, agents and other interested parties and provide users with access to product information, documentation, product samples and online purchasing facilities. It is offered to you on the condition of acceptance, without modification, of these Terms of Use, which set forth the terms and conditions under which you may access and use this Web Portal.
You represent and warrant that you possess the legal right and authority to agree to these Terms of Use on your behalf or on behalf of your employer or some other entity on whose behalf you may use this Web Portal. These Terms of Use shall be binding upon you and your employer or such other entity as applicable and the terms "you" and "your", as used in these Terms of Use, refers to you individually and, if applicable, your employer or such other entity on whose behalf you may use this Web Portal.
Accessing this Web Portal constitutes your acceptance of and agreement to these Terms of Use. Each time you access the Web Portal, you are deemed to reaffirm your agreement to these Terms of Use. If you do not agree to these Terms of Use, without modification, you are not authorised to access or otherwise use this Portal. If you are an existing user and do not agree to these Terms of Use and wish to deregister, please contact admin@treatt.com.
The Privacy Policy and Cookies Statement apply to the collection of information through your use and access of this Portal. Treatt Plc reserves the right to revise these Terms of Use at any time. The date of the latest revision will be displayed at the top of the Terms of Use. You will be solely responsible for reviewing the latest Terms of Use, which are accessible via the hyperlink within the Web Portal. Continued use of the Web Portal following a revision of these Terms of Use will constitute your acceptance of and agreement to the revised Terms of Use.
Registration
Access to certain areas of this Web Portal are only available to those who register with Treatt Plc by completing the information required on the registration page and is limited to those users who are authorised to form legally binding contracts under applicable law on behalf of the businesses or organisations they represent.
Account Information and Security
You represent that all information provided to Treatt Plc through the registration page or otherwise is accurate and that you are the individual identified in such information. In the event any such information changes after it is provided to Treatt Plc, you agree to update your registration online the next time you access the Web Portal. You agree (a) to maintain the confidentiality of your username and password, and (b) that you are fully responsible for any and all activities that occur under your username. You further agree to (i) immediately notify Treatt Plc of any unauthorized use of your password or account or any other breach of security, (ii) ensure that you exit from your account at the end of each session, and (iii) immediately notify Treatt Plc of the identity of any user whose authority to access the Web Portal, on behalf of an employer or some other entity, has been withdrawn, to enable deactivation of their login. Without limiting any other provisions of these Terms of Use, Treatt Plc will not be liable for any loss or damage arising from your failure to comply with these Terms of Use and you agree that Treatt Plc will not be liable for any loss that you may incur as a result of someone else using your username, either with or without your knowledge. You agree not to use anyone else's username at any time.
Unauthorised Use of the Web Portal
As a condition of your use of this Web Portal, you warrant that you will not use this Web Portal for any purpose that is unlawful or prohibited by these Terms of Use or which could damage, disable, overburden, or impair this Web Portal or interfere with any other party's use and enjoyment. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this Web Portal or modify, copy, distribute or sell any information or data obtained from this Web Portal unless expressly authorised by Treatt Plc. Treatt Plc reserves the right, in its sole discretion, to terminate or suspend your access to, and/or use of, the Portal, or any portion thereof, at any time, with or without notice and for any reason.
Changes to Web Portal
Treatt Plc may modify, suspend, discontinue or restrict the use of all or any portion of the Web Portal at any time for any reason and without notice or liability. Without limiting the foregoing, Treatt Plc reserves the right, with or without notice, to amend any of the services offered on the Web Portal including, but not limited to, access procedures, software commands, documentation, and/or other services.
Data Security
Certain portions of the Web Portal and data sent between the Treatt Plc Web Portal servers and your computer is encrypted using the Secure Socket Layer (SSL) protocol.
Disclaimer
Treatt Plc does not guarantee the continuous uninterrupted or secure access to this Web Portal, and the operation of the Web Portal may be affected by numerous factors outside of Treatt Plc’s reasonable control. Any information downloaded or otherwise obtained from the Web Portal is at your own discretion and risk. You shall be solely responsible for any damage or loss of data that results from downloading or use of the information, howsoever arising. The information and data included in or available through the Treatt Plc Web Portal may include inaccuracies or typographical errors and should not be relied upon as advice for any purpose. Any reliance on such information and data shall be at your own risk. Treatt Plc makes no representations or warranties as to the accuracy, quality, security, suitability, timeliness or completeness of the information, data, products or other materials available through the Web Portal. To the maximum extent permitted by applicable law, all such information, data, products and services are provided "as is" without warranty or condition of any kind. Treatt Plc hereby disclaim all warranties and conditions, whether express or implied, oral or written, including without limitation any and all implied warranties or conditions of satisfactory quality and fitness for a particular purpose.
Limitation of Liability
Except where prohibited by law, in no event shall Treatt plc be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of this Web Portal, with the delay or inability to use this Web Portal or related services, the provision of or failure to provide services, or for any information, data, products and services obtained through this Web Portal, or otherwise arising out of the use of this Web Portal, whether based on contract, tort, negligence, strict liability or otherwise, even if Treatt plc has been advised of the possibility of damages. If you are dissatisfied with any portion of the Treatt Plc Web Portal, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Treatt Plc Web Portal.
Links to Third Party Sites
This Web Portal may contain links to other Websites ("Linked Sites"), which may not be under the control of Treatt Plc. Treatt Plc is not responsible for the contents of any Linked Site, maintained by third parties, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Treatt Plc is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Treatt Plc of the site or any association with its operators. You acknowledge and agree that Treatt Plc shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such Linked Sites. When you visit Linked Sites, you will no longer be protected by Treatt Plc’s privacy statement or security practices.
Indemnification
You agree to indemnify and hold Treatt Plc and its suppliers and content providers and their respective directors, officers, employees, agents, partners, harmless from and against any and all claims, losses, damages, liabilities, judgments, demands, and fees and expenses (including, without limitation, reasonable legal fees) asserted by any third party due to or arising out of (a) your breach of these Terms of Use (b) your access to, use of, or conduct on this Web Portal or use of the services provided (including, without limitation, any information, products, or other materials), and/or (c) the violation of any rights of another resulting from or relating to your use of this Web Portal or the services provided.
Copyright
All contents of the Treatt Plc Web Portal are: © Copyright Treatt Plc 2011 and/or its suppliers. All rights reserved.
All contents included on this Web Portal, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, and the compilation of all content are the property of Treatt Plc or its content suppliers and are protected by United Kingdom and international copyright, authors rights and database right laws. You may not systematically extract and/or re-utilise parts of the contents of the Web Portal without Treatt Plc’s express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this Web Portal, without Treatt Plc’s express written consent. You also may not create and/or publish your own database that features substantial parts of this Web Portal without Treatt Plc’s express written consent.
Trademarks
Treattarome, Citreatt, Truetaste, Eartharome, Earthoil, Earthoil Water, the Treatt, Citreatt and Earthoil Logos and other marks indicated on our Web Portal are trademarks or registered trademarks of Treatt Plc, in the European Union and/or other jurisdictions. Treatt Plc’s graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of Treatt Plc. Treatt Plc’s trademarks and trade dress may not be used in connection with any product or service that is not Treatt Plc’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Treatt Plc. All other trademarks not owned by Treatt Plc that appear on this Web Portal are the property of their respective owners, who may or may not be affiliated with or connected to Treatt Plc. Any rights not expressly granted herein are reserved.
Information Provided to Treatt Plc or Materials Posted on the Web Portal
By providing information to Treatt Plc upon registration or by posting, uploading, inputting, providing or submitting material to the Web Portal you are granting Treatt Plc and necessary sublicensees permission to use your information and material in connection with the operation of the Web Portal and the services it provides.
General
To the maximum extent permitted by law, this agreement is governed at all times by English Law and the English Courts shall have exclusive jurisdiction in all disputes arising out of or relating to the use of the Treatt Plc Web Portal. Use of the Treatt PLC Web Portal is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Treatt Plc as a result of this agreement or use of the Treatt Plc Web Portal. Treatt Plc's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Treatt Plc's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Treatt Plc Web Portal or information provided to or gathered by Treatt Plc 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 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 Treatt Plc with respect to this Web Portal and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Treatt Plc with respect to this Web Portal. A printed version of this agreement and of any notice given in electronic form shall be admissible in legal 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. It is the express wish to the parties that this agreement and all related documents be drawn up in English.