These terms and conditions govern your use of this Website and
CEDR’s consumer dispute resolution online system. By using this
Website or any of CEDR’s services, you accept these terms and
conditions in full. If you disagree with these terms and
conditions or any part of these terms and conditions, you must
not use this website.
This Website provides a service for a consumer to refer a
consumer dispute against a company or scheme who has appointed
CEDR to receive consumer disputes against it.
By using this Website, you agree that the exclusions and limitations of liability set out in this Website disclaimer are reasonable. If you do not think they are reasonable, you must not use this Website.
These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “ user”), including without limitation each user who registers as contemplated below. By using the Website and by clicking on the “Register Now” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions .
Registration on the website
- Only registered users may use the Website.
- To register as a user, you will be provided a unique username and password. You will need to use your unique username and password to access the Website in order to refer and manage your disputes.
- You agree and warrant that your username and password shall:
- be used for personal use only; and
- not be disclosed by you to any third party.
- For security purposes you agree to enter the correct username and password whenever you are accessing information and/or making an application, failing which you will be denied access.
- You agree to notify CEDR immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
- By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.
- You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of this Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify this Website or the information contained herein, without the prior written consent from an authorised CEDR representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
Restrictions on the use of this website
- You must not use this Website in any way that causes, or may cause, damage to this Website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
- You may not use this Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
- You may not in any way display, publish, copy, print, post or otherwise use this Website and/or the information contained therein without the express prior written consent of an authorised CEDR representative.
- You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without CEDR’s express written consent.
- CEDR reserves the right to restrict access to this Website at CEDR’s discretion.
- If CEDR provides you with a user ID and password to enable you to access restricted areas of this Website or other content or services, you must ensure that the user ID and password are kept confidential and may not be shared with any other person without CEDR’s written consent.
- CEDR may disable your user ID and password in CEDR’s sole discretion without notice or explanation.
- CEDR makes no representations or warranties in relation to this Website or the information and materials provided on this website.
- Without prejudice to the generality of the foregoing paragraph, CEDR does not warrant that:
- this Website will be constantly available, or available at all; or
- the information on this Website is complete, true, accurate or not misleading.
- Nothing on this Website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal matter you should consult an appropriate professional.
Intellectual property of CEDR
- Unless otherwise stated, CEDR owns the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
- All trademarks, service marks and trade names of CEDR used in the website are trademarks or registered trademarks of CEDR.
- You may view and use the information on the Website subject to the restrictions set out below and elsewhere in these terms and conditions.
- You must not:
- use the material from this Website directly or through another organisation, unless agreed with CEDR in writing prior to such use;
- redistribute material from this Website to another person;
- republish material from this Website (including republication on another website);
- sell, rent or sub-license material from the website;
- show any material from this Website in public;
- reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose; and/or
- redistribute material from this website except for content specifically and expressly made available for redistribution.
- Where content is specifically made available for redistribution, it may only be redistributed for purposes of finalising your dispute through CEDR’s Website.
- We respect your privacy and will take reasonable measures to protect it, as more fully detailed below.
- Should you decide to register as a user on the Website, we may require you to provide us with personal information which includes but is not limited to -
- your name and surname;
- your title;
- your email address;
- your physical address;
- your mobile number; and
- your date of birth.
- Should your personal information change, please inform us and provide us with updates to your personal information as soon as reasonably possible to enable us to update your personal information.
- You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
- Subject to clause 5.6 below, we will not, without your express consent:
- use your personal information for any purpose other than as set out below:
- in relation to the administering the application to completion in terms of the Rules that are applicable to the application;
- to contact you regarding current or new service offerings (unless you have opted out from receiving marketing material from us);
- to inform you of new services and/or features offered by us or any of our divisions and/or partners; and
- to improve your experience on the website by, inter alia, monitoring statistical non-personal browsing habits, and to transact with us; or
- disclose your personal information to any third party other than as set out below:
- to our employees and/or third-party service providers who assist us to interact with you via the Website, email or any other method, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently;
- to our divisions and/or partners (including their employees and/or third party service providers) in order for them to interact directly with you via email or any other method for purposes of sending you marketing material regarding any current or new goods or services, new features, special offers or promotional items offered by them (unless you have opted out from receiving marketing material from us); and
- to our suppliers in order for them to liaise directly with you in the event of you submitting a warranty claim regarding any application made which requires their involvement.
- We are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, order of court or legal process served on us, or to protect and defend our rights or property.
- We will ensure that all our employees, third party service providers, divisions and partners (including their employees and third-party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality and non-use obligations in relation to your personal information.
- We will -
- treat your personal information as strictly confidential;
- take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
- provide you with access to your personal information to view and/or update personal details;
- promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;
- provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request; and
- upon your request, promptly return or destroy any and all of your personal information in our possession or control.
- We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.
- CEDR undertakes never to sell or make your personal information available to any third party other than as provided for in this policy, unless we are compelled to do so by law. In particular, in the event of a fraudulent transaction, CEDR reserves the right to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.
- Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.
- The use of this Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the website.
- Whilst CEDR takes reasonable measures to ensure that the content of the Website is accurate and complete, CEDR makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website
- You understand that it is your responsibility to ensure that you use the consumer dispute resolution system correctly. This includes inter alia ensuring that you accurately provide the information requested on your dispute and attach the correct documentation.
- CEDR disclaims liability for any damage, loss or liability, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.
- These limitations of liability apply even if CEDR has been expressly advised of the potential loss.
- Any views or statements made or expressed on the Website are not necessarily the views of CEDR, its directors, employees and/or agents.
- We give no representations or warranties, express or implied, that the website provides for your needs. It is the obligation of the user to ensure that all their information and documentation is included when using the website.
- Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit CEDR’s liability in respect of any:
- death or personal injury caused by CEDR’s negligence;
- fraud or fraudulent misrepresentation on the part of CEDR; or
- a matter which would be illegal or unlawful to CEDR to exclude or limit, or to attempt or purport to exclude or limit, its liability.
- You accept that, as a limited liability entity, CEDR has an interest in limiting the personal liability of its adjudicators, officers and employees. You agree that you will not bring any claim personally against CEDR’s adjudicators, officers or employees in respect of any losses you suffer in connection with this Website.
- Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect CEDR’s adjudicators, officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as CEDR.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
- You hereby indemnify CEDR and undertake to keep CEDR indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by CEDR to a third party in settlement of a claim or dispute on the advice of CEDR’s legal advisers) incurred or suffered by CEDR arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of these terms and conditions
- Without prejudice to CEDR’s other rights under these terms and conditions, if you breach these terms and conditions in any way, CEDR may take such action as CEDR deems appropriate to deal with the breach, including suspending your access to this Website, prohibiting you from accessing this Website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
- CEDR may revise these terms and conditions from time-to-time.
- Revised terms and conditions will apply to the use of this Website from the date of the publication of the revised terms and conditions on this Website.
- Please check this page regularly to ensure you are familiar with the current version.
- CEDR may transfer, sub-contract or otherwise deal with CEDR’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
- You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
- If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
- If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
These terms and conditions constitute the entire agreement between you and CEDR in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
Law and jurisdiction
hese terms and conditions will be governed by and construed in accordance with English law.
Any disputes arising from these terms and conditions and the use of the website will be arbitrated in terms of CEDR’s Rules applicable at the time the dispute arises.