Certification Terms

1. ACCEPTANCE OF TERMS

i. Henceforth we will refer to International Charter as "ICharter", "we", or "us". ii. ICharter scrutinises companies and draws up business comments, certification and recommendations. These will be categorised as the "Service", in this Terms and Conditions or "Agreement". By using the Service in any way you are agreeing to comply with these Terms and Conditions, which may be updated by us without notice from time to time.

iii. You may be represented by a third party. In these Terms and Conditions, the term "Agent" means such a third party.


2. OUR OBLIGATIONS

i. We will process your application without any bias. ICharter may refuse to accept the application for any reason or no reason.

ii. The fees are due at the time ICharter receives your application and refunds will be given at the discretion of the ICharter Certification Board. In the event that ICharter does not receive full payment of all fees owed by you at the outset of your application, we may cancel your application without prior notice, which may adversely affect your credit rating.

iii. If your application is accepted, we will inform you or your Agent. If your application is rejected, we will inform you or your Agent as soon as reasonably practicable.

iv. Until we accept your application, there is no guarantee that the certification you applied for will be issued to your company. We therefore recommend that you do not take any action in respect to a certification until you have received confirmation from us that your application has been accepted.

v. Please note that fees will not refunded if you fail to complete the certification process or terminate it ahead of schedule, and may be deducted even if originally waived. The amount refunded, if any, is subject to the discretion of the International Charter Certification Board.

vi. We will only make changes to your details registered with us if we receive instructions and approval from you or your Agent.


3. YOUR OBLIGATIONS

i. You must ensure that we receive the application fee with the submission of your application or by an alternative date agreed.

ii. You must inform us promptly of any change in your registered details, and those of your Agent if applicable. It will be your responsibility to maintain and update any details you submit to us and to ensure that your details are up to date, and accurate. In particular, it is your responsibility directly or by your Agent to ensure that we have your full and correct postal address.

iii. You must promptly inform us of any court proceedings brought in respect of the certification.

iv. To the best of your knowledge, the use of the certification will not infringe upon or otherwise violate the rights of any third party or breach any agreement you have with any third party;

v. You will not use the certification for an unlawful purpose or in violation of any applicable laws or government regulations;

vi. It is your responsibility and you agree to provide ICharter with all necessary information if a dispute over your certification arises, for purposes of facilitating the resolution. Failure to do so will constitute a breach of this Agreement.

vii. For purposes of resolving disputes brought by third parties concerning or arising from your use of the certification, you agree to submit to subject matter jurisdiction, person jurisdiction, and venue of the courts of your domicile; and the courts residing in the jurisdiction corresponding to the location of the ICharter headquarters.

viii. You have the requisite power and authority to execute this Agreement and perform the obligations hereunder.

 


4. RENEWAL OF YOUR CERTIFICATION

i. The certification is provided on a yearly basis from the date of acceptance of your application. You do not have the option of applying for the certification for more than a year.

ii. When your certification is due for renewal, we will contact you or your Agent and proceed with a renewal application if you wish do so. A reassessment may be necessary if any criteria of the certification or your business has changed. The renewal fee covers this reassessment and re-certification.


5. PERSONAL DATA

i. The ICharter Register will include your company's name and address, telephone and facsimile number and e-mail address with any other relevant details. This information, if it refers to individuals, is 'personal data' for the purposes of data protection legislation. You can view our Privacy Policy for further information. Personal data submitted by you will be:

a) Posted onto the Register;

b) Subject to our Privacy Policy;

c) We may provide your personal data to governmental or law enforcement agencies at their written request in connection with the conducting of any investigation of criminal activities; and

d) We will provide your personal data to third parties only if required to do so by a court order.

6. NO ADDITIONAL RIGHTS CONFERRED UPON EITHER PARTY

i. We may use your applicable personal name, company, business, firm, trade, logo, and/or brand names in connection with the provision of the ICharter Service.

ii. However, your certification does not grant us any right, title or interest in your personal name, company, business, firm, trade, logo, or brand names, and all goodwill arising from our use of those names will inure solely to your benefit. At the same time, you agree that all goodwill associated with ICharter belong exclusively to us. Your certification confers upon you no intellectual property, business or competition rights.


7. CANCELLATIONS, SUSPENSION AND AMENDMENT OF THE SERVICE

i. After we have received payment for the application you may surrender the certification. The application fee will not be refunded.

ii. We may cancel or suspend the certification by providing you with notice in the event of the following:

a) if you are in breach of the this Terms and Conditions;

b) if we receive independent verification that you have provided grossly inaccurate, unreliable or false information on your application details, or failed to keep contact details up to date;

c) if you are in breach of the warranties contained in this Terms and Conditions;

d) if the Service is being used in a way likely to endanger the operation of the ICharter.

e) upon receipt of a copy of a court order of competent jurisdiction in English Law requiring such action stating that the use of a certification by you would be conflicting with the terms of a court order received by us or any other legal requirements;

f) If such changes are necessary in order to correct an error relating to the ICharter application;

g) If you provided materially misleading or false information during the application process, or concealed material information during the application process, or wilfully fail to update your contact information should it change; or

h) If you, through you application or use thereof of the certification, are in violation of any laws or regulations; or

i) At the request of a recognised governmental entity; or

j) If ICharter reasonably determines that your certification risks subjecting ICharter or it's affiliates, partners, subsidiaries, officers, directors or employees to civil or criminal liability, loss, damage, or other tangible harm; or

k) To protect the integrity and stability of the overall ICharter Service; or

l) If a ICharter partner complains that your certification denigrates the editorial quality of it's service; or

m) In accordance with our right to stop providing you with the ICharter Service under clause 10 herein.


8. AGENTS

i. You agree that if an agent for you, such as an administrative contact or agent completes the application process on your behalf, you are nonetheless bound as a principal by all terms and conditions in this Agreement. You also agree that all of the information provided in the application process, including monetary information, are yours and not that of your agent.


9. INDEMNITY

i. You will indemnify ICharter, and its subsidiaries, affiliates, officers, agents, and employees against any claim or demand, including reasonable attorneys' fees, related to use of or your conduct on the Service or your breach of this TOS, or your breach of any rights of another.

10. OUR RIGHT TO STOP SERVICE

i. At any time during the Service we may decide to discontinue providing you with the Service, we shall not be liable for any application fees in such an event.

11. DISCLAIMER OF WARRANTIES

WHILE WE USE REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THE SERVICE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

i. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ICHARTER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

ii. ICHARTER MAKES NO WARRANTY THAT

a) THE SERVICE WILL MEET YOUR REQUIREMENTS,

b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,

c) THE QUALITY OF THE SERVICE PURCHASED OR OTHERWISE OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND

d) WE MAKE NO REPRESENTATIONS AS TO THE ACCURACY, QUALITY, TIMELINESS, AVAILABILITY, OR COMPLETENESS OF THE INFORMATION, SOFTWARE, PRODUCTS, OR OTHER MATERIALS AVAILABLE THROUGH THE SERVICE, AND YOU SHOULD NOT RELY UPON THEM.

e) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS ROM THE DOWNLOAD OF ANY SUCH MATERIAL.

f) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ICHARTER OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

g) THAT THE DETAILS AND INFORMATION SUBMITTED BY YOU TO US ARE TRUE AND CORRECT, AND THAT ANY FUTURE ADDITIONS OR ALTERATIONS TO YOUR DETAILS AND INFORMATION WILL BE TRUE AND CORRECT, AND THAT YOU WILL SUBMIT THEM IN A TIMELY MANNER.

h) THAT BY USING THE SERVICE IN WHATEVER MANNER YOU WILL NOT KNOWINGLY CONTRAVENE THE INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, AND THAT YOU HAVE NOT OBTAINED A CERTIFICATION IN BREACH OF TRUST. OUR RIGHT TO RELY UPON THIS WARRANTY WILL CONTINUE TO BE AVAILABLE AFTER COMPLETION OF THE APPLICATION PROCESS AND WILL NOT BE AFFECTED BY ANY SURRENDER OR CANCELLATION OF THE SERVICE BY YOU.


12. LIMITATION ON LIABILITY

i. YOU EXPRESSLY UNDERSTAND AND AGREE THAT ICHARTER, ITS EMPLOYEES, DISTRIBUTORS, DIRECTORS, AND AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ICHARTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:

a) THE USE OR THE INABILITY TO USE THE SERVICE;

b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;

c) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;

d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR

e) ANY OTHER MATTER RELATING TO THE SERVICE. ICHARTER DOES NOT CARRY OUT ANY INVESTIGATION AS TO WHETHER YOU ARE ENTITLED OR HAVE THE RIGHTS TO APPLY FOR A CERTIFICATION. YOU AGREE THAT IN NO EVENT SHALL OUR MAXIMUM LIABILITY, TOGETHER WITH THE MAXIMUM LIABILITY OF OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, RESELLER AND RESELLER REPRESENTATIVES, CO-BRANDERS OR OTHER PARTNERS, UNDER THIS AGREEMENT FOR ANY MATTER EXCEED AN AGGREGATE OF ONE HUNDRED UNITED STATES DOLLARS (US $100).

13. INTELLECTUAL PROPERTY

i. You may fairly utilise our name and logo in advertising and promotional materials, and in referring to our services, for example, in a newspaper article, without our permission, provided you follow customary intellectual property rights usage practises and provide proper acknowledgement. Other uses require our written consent and can be requested.

You may never use our trademarks in the following ways:
a) In a non-ICharter service name or publication title.

b) In, as, or as part of your own trademarks.

c) To identify products or services that are not ICharter's.

d) To cause confusion.

e) To suggest inaccurately that we sponsor, endorse, or are otherwise connected with your activities, products, or services.

f) To disparage ICharter.

g) In any other manner that ICharter or its users find offensive. Except as noted above, you may not employ, copy, or redistribute ICharter logos without written or electronic consent from ICharter. Send your request for consent to use a ICharter logo by contacting the International Charter.

14. COPYRIGHT INFORMATION

i. We own intellectual property rights to the content on the Service and its design, structure, and compilation. You shall not copy or download any Content from ICharter unless we have expressly authorised you to do so.

ii. You shall not copy, transmit, modify, distribute, show in public or in private, modify or create any derivative works from the content that belongs to us, unless we expressly authorises you to do so. Making unauthorised copies of any content belonging to ICharter can lead to the termination of your ICharter certification and/or civil or criminal action. Once you post or send any information to us, you expressly grant ICharter the complete and irrevocable right to quote, re-post, use, reproduce, modify, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the information in any form, anywhere. ICharter is committed to honouring the privacy of our members and visitors, and our privacy policy covers personally identifiable information shared.


15. GENERAL INFORMATION


The Terms and Conditions constitute the entire agreement between you and ICharter and govern your use of the Service, superseding any prior agreements. Additional or different terms and conditions may apply when you use affiliated Services, third-party content, or third-party software. Interpretations of the Agreement and determinations that you have breached the Agreement will be made at our reasonable discretion and based on facts known to us.

By their nature, forward-looking statements require us to make assumptions and are subject to inherent risks and uncertainties. There is significant risk that predictions and other forward-looking statements will not prove to be accurate. We caution visitors to this Service not to place undue reliance on our forward-looking statements as a number of factors could cause actual future results, conditions, actions or events to differ materially from the targets, expectations, estimates or intentions expressed in the forward-looking statements.

You agree to submit to the personal and exclusive jurisdiction of the law courts located in England for any claim or dispute with ICharter or any of its subsidiaries, affiliates, officers, agents, or employees.

Our failure to enforce any right under this Agreement will not waive that right. If any provision of this Agreement is invalid, the Agreement should be interpreted to affect the intent of the parties, and the remaining provisions will remain in effect.

You must file any claim or suit related to the Service within one (1) year after it arises.

The section titles in this Agreement are for convenience only and have no substantive effect.