EC Group Consulting

1.Definitions
In these Terms and Conditions the following terms shall have the meanings set out below: “Electronic Device” means a computer, mobile phone, WAP phone, personal digital assistant, or other electronic device capable of accessing the Websites; “Micro Site” means any page on a Website;
“EC Group International” (”ECG”) means EC Group International, Inc., the holding company of EC Group International, Inc. and any subsidiary from time to time of EC Group International, Inc. or its holding company, also referred to as “we”, “us” and “our”. Holding company and subsidiary have the meanings given in sections 736 and 736A of the Companies Act 1985. If you have any queries about whether a particular company is part of the EC Group International, please contact us at any of the addresses listed in clause 18.
“Trade Marks” means any of the registered or unregistered trade marks owned by the EC Group International, any associated word or device marks and combinations of the same, and any other trade marks as maybe added to this list from time to time. “Websites” means the websites and wap sites (including their constituent pages) with their home pages as set out below (and “Website” means any one of them):
www.ecgroup-intl.com
www.ecgroup-intl.com/consulting
www.globalceonetwork.org
www.ec-i.org
www.sudykdatasoft.com
and any other site, wap site or web address owned or operated by a member of EC Group International as may link to these Terms and Conditions from time to time.

2.Acceptable Use Policy
You agree to abide by all applicable laws, regulations and codes of conduct and ensure that any content uploaded or distributed or stored by you does not infringe the rights of others.
All material on the Websites and any material sent to you by e-mail or any other form from the Websites (the “content”) or in any way relating to the Websites belongs to our licensors or us. You may retrieve and display content from the Websites on the Electronic Device on which you first accessed it or downloaded it, print a single copy of individual pages on paper and store such pages for caching purposes only, all for your personal and non-commercial use alone.
We, or our licensors, own the copyright and all other intellectual property rights associated with the content, save where otherwise stated.
You may not do any of the following without prior written permission from us:
reproduce the content (other than allowed under this Acceptable Use Policy), or modify or in any way commercially exploit any of the content;
redistribute any of the content (including using it as part of any library, archive or similar service);
remove the copyright or trade mark notice(s) from any copies of content made in accordance with these Terms and Conditions;
create a database in electronic or structured manual form by systematically downloading and storing all and any of the content.
Requests to republish, redistribute or syndicate content should be addressed to: contact@ecgroup-intl.com.
You acknowledge that we own the Trade Marks and that you may not use any of them without our prior written permission. Other product and company names and logos mentioned or displayed in the Websites may be the trade marks, service marks or trading names of third parties. To check whether any product or service is a registered trade mark of ours please contact: contact@ecgroup-intl.com. In accessing the Websites, or any one of them, you agree not to:
impersonate another person or use a false name or a name you are unauthorized to use or create a false identity or e-mail address or try to mislead others as to the identity or origin of any communications;
modify, access or make available data stored on a computer device which you have accessed through our network (unless otherwise permitted by the Website or these Terms and Conditions);
make available or upload files that contain software or other material, data or information not owned or licensed to you or collect information about others (eg names/addresses) without their prior consent; damage, interfere with or disrupt access to the Websites or do anything which may interrupt or impair their functionality; make any commercial or business use of the Websites or resell or commercially benefit from any part or aspect of the Websites; 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 others; 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 files made available via the Websites; obtain or attempt to obtain unauthorized access, through whatever means, to the Websites, other services or computer systems or areas of our or any of our partners’ networks; set up links from any website controlled by you to any Micro Site, except to the home page of a particular Website, without our express written permission.
We retain the absolute right to prevent you from accessing the Websites, without prejudice to any of our accrued rights, where we in our reasonable discretion consider that you are contravening our Acceptable Use Policy or any other term or condition of these Terms and Conditions, and we have informed you of your contravention or breach.

3.Registration
Where any of the Websites (or Micro Sites on any of the Websites) require that you register in order to use them, you are obliged to provide accurate and complete registration information. It is your responsibility to update and maintain any changes to that information (including your e-mail address) by altering your details as appropriate.
Registration is for a single user only. On registration, where required you must choose a user name and password. We do not allow any of the following:
any other person sharing your user name and password or pin number;
access through a single user name and password or pin number being made available to multiple users on a network.
We will not be liable for any unauthorized transactions made using your user name, pin number or password.

4.Jurisdiction
It is your responsibility to ensure that your use of the Websites is not contrary to the laws of your country of residence.

5.Cancellation Rights
If you subscribe to any service on the Website, and that service is access to a report, article, magazine, newsletter or newspaper (whether electronic or paper), once you have subscribed to that service, you will not be entitled to cancel the subscription pursuant to the Consumer Protection Distance Selling Regulations 2000. Where you purchase any electronic content via the Websites, you will also not be entitled to cancel that purchase pursuant to the Consumer Protection Distance Selling Regulations 2000 as the content cannot be returned once sent. If you purchase any other service from the Website from a ECG company, you will not be entitled to cancel that service once you have started to receive the service.
If you have subscribed to a Website, or any service offered by a ECG company via the Website, no refunds will be payable on any subscription payments arising out of your cancellation of the subscription. Your cancellation rights in respect to any goods or services offered by a third party will be subject to the terms and conditions of that third party.

6.Payment
Where any goods or services offered via the Websites requires payment: It is your responsibility to ensure that your Electronic Device has the necessary technical specification to receive or use any content purchased from the Websites.
All amounts payable must be paid in full in US dollars (unless otherwise indicated) without any deductions or set offs.
If any payment is not paid on time, your payment is rejected or refused or you default in payment, the amount owing will be treated as overdue and we will be entitled immediately to cease or suspend the provision of the relevant service to you until payment has been received, or your credit topped up.
You must be the bill payer of the particular method of payment that you use to pay for any service, or alternatively you must get the prior permission of the bill payer. You are also responsible for any charges charged by a mobile phone network operator or internet operator. These charges may not be in addition to the price of the service. Those additional charges are outside our control, and we will not be responsible for refunding them to you.

7.E-mail Policy
We reserve the right to take such action as we in our sole discretion deem fit in respect of any electronic mail (”e-mail”) which contains threatening, abusive, malicious, pornographic, obscene, defamatory or otherwise illegal or inappropriate material. Unless you indicate to the contrary, all e-mails received by us from you are deemed to have been submitted, where appropriate, for publication, free of charge. If we decide to publish an e-mail from you on any of the Websites we will incur no liability to you by doing so. We will not disclose any personal information under any circumstances of any of our staff. Where appropriate we will endeavor to respond to e-mails within 3 days of receipt, but give no warranty that we will respond to any e-mail sent to us.

8.Our Liability
You agree that we have no control over third party content and information which can be accessed using the Websites and that we do not examine or edit the use to which you or others put the Websites or the nature of the content or information being accessed and that we are excluded from all liability of any kind arising from such third party content or information. This applies to advertisements as well as websites offering goods or service. Except for death or personal injury caused by negligent acts or omissions, we shall only be liable to you for any loss or damage arising from your use of the Websites which is a reasonably foreseeable consequence of a breach by us of these Terms and Conditions. We will also not be liable to you for any damages in excess of $50, or if higher, the amount of any fees you have paid us for access to the Websites. We will not be liable for any loss or damage caused by us or our employees or agents in circumstances where:
(i) we are not at fault for the errors or inaccuracies; or
(ii) the loss or damage is not foreseeable to both of us at the time of your initial acceptance of these Terms and Conditions; or
(iii) the loss or damage is a business loss or the losses were caused in the course of business, including losses relating to lost data, lost profits or business interruption.
We cannot and do not accept any responsibility for the computer equipment and telephone services which you use to access the Websites, or for the security of the same. You will be responsible for the security of your own computer system, and the transfer of any information from your computer system. We also cannot and do not accept responsibility for the loss or corruption of any material in transit, or the loss of or corruption of any material when downloaded onto any computer systems.
Where we are liable to you for any loss or damages, we will not be liable for any increase in loss or damage resulting from a breach by you of any term of these Terms and Conditions.
We reserve the right to remove any information/material we deem to be in breach of any of these Terms and Conditions without notice, and without prejudice to any other accrued rights, and/or to make available such information/material when required to do so by law or when requested to do so by regulatory bodies or law enforcement organizations.
Any goods or services purchased or obtained or offered to you through use of the Websites, whether accessed directly or otherwise, are provided subject to the terms and conditions of the supplier of those goods or services. As such, unless otherwise stated, we make no warranty whatsoever in relation to those goods or services. We provide the Websites on an “as is” basis and make no representations or warranties of any kind as to the Websites or the content. We make no representations or warranties about the accuracy, completeness or suitability for any purpose of the content published on the Websites. Any liability, however it occurs, for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
IN NO EVENT SHALL ECG BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR IMPLIED WARRANTIES ARISING FROM THE ORDER OF, USE OF, OR ACCESS TO ANY PRODUCT, PRODUCT WEBSITES OR CONTENT, OR ANY PORTION THEREOF. THERE SHALL BE NO REFUNDS. ECG MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH REGARD TO ANY THIRD PARTY PRODUCTS, THIRD PARTY CONTENT OR ANY SOFTWARE, EQUIPMENT, OR HARDWARE OBTAINED FROM THIRD PARTIES.

9.Indemnity
You agree to indemnify and hold us and any of our officers, employees and agents harmless from and against all and any expenses, losses, liabilities, damages, costs or expenses 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 Websites and/or a breach of the Acceptable Use Policy and/or any of these Terms and Conditions.

10.Software and Security
We are not responsible for any technical or other issues that may arise if you download software from an external third party website (eg Acrobat Reader) or upgrade your browser software to enhance your usage of the Websites.

11.Arbitration
If a dispute arises from or relates to this contract or the breach thereof, and if the dispute cannot be settled through direct discussions, the parties agree to endeavor first to settle the dispute by mediation administered by the American Arbitration Association (www.adr.org) under its Commercial Mediation Procedures before resorting to arbitration. Any unresolved controversy or claim arising from or relating to this contract or breach thereof shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. If all parties to the dispute agree, a mediator involved in the parties’ mediation may be asked to serve as the arbitrator. The arbitrators will have no authority to award punitive, consequential or other damages not measured by the prevailing party’s actual damages, except as may be required by stature. The award shall be in writing, shall be signed by a majority of the arbitrators, and shall include a statement setting forth the reasons for the disposition of any claim. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. The place of arbitration shall be Kent County, Michigan. This contract shall be governed by the laws of the State of Michigan.

12.Changes to These Terms and Conditions
We reserve the right to make changes to any part of the Websites. Due to our policy of updating and improving the Websites, it may therefore be necessary to change these Terms and Conditions. If we do change the terms of these Terms and Conditions, we will update the date at the top of this page. If you use any of the Websites after we have published such changes, you will be agreeing to be bound by those changes. If you do not agree to be bound by them, you should not use the Websites.

13.Advertising and Sponsorship
The Websites may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Websites complies with applicable laws, codes and regulations. We exclude to the fullest extent permitted by law any responsibility for any error or inaccuracy appearing in any advertising or sponsorship material. Please refer to our data protection notice at: “www.nidp.com” in relation to the use of cookies in connection with the targeting of potential advertisers.

14.Termination
We may terminate the provision of any of the Websites or restrict your access to them without any prior notice to you where (by way of example and without limitation): there is a regulatory or statutory change limiting our ability to provide a Website; any event beyond our reasonable control prevents us from continuing to provide a Website (for example, without limitation, technical difficulties, capacity problems and communications failures); or we consider in our reasonable discretion that you are abusing the services provided by a Website or are otherwise acting in breach of these Terms and Conditions and we have notified you of the abuse or breach.

15.Additional Services
From time to time we may provide games or other content for your downloading. However, the download time may vary considerably between the types of content and you agree that you are wholly liable and responsible for any telephone call and/or other charges incurred in downloading the same. However, we will use reasonable endeavors to notify you of the size/amount of the file/data and the likely download time for your information.

16.E-commerce
Your dealings with any third parties, in particular advertisers and/or merchants, via the Websites, and any terms or conditions agreed with, or representations given by, such third parties, are solely between you and such third party. You agree that we are not liable for such dealings, and that you will be liable for any costs or damages that we incur, as set out in clause 9 above in relation to such dealings.

17.General
You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions without our agreement, which will not be refused without good reason. If any part of these Terms and Conditions is found to be invalid by any court having competent jurisdiction the validity of the remaining terms will be unaffected. If either party does not exercise any right or remedy under these Terms and Conditions, this will not be taken to mean that they have been waived.

18.Contact
If you have any queries concerning any part of these Terms and Conditions please contact us:
by email, using the address below:

contact@ecgroup-intl.com

by post, using the address below, and stating clearly the Website to which your query relates:

Customer Service Department
EC Group International
835 W. River Center Drive
Comstock Park, MI 49321