1. Your relationship with our company
1.1 Your use of our software, services and websites (referred to collectively as the “Services” in this document) is subject to the terms of a legal agreement between you and our company. This document explains how the agreement is made up, and sets out some of the terms of that agreement.
1.2 Your agreement with our company will always include, at a minimum, the terms and conditions set out in this document. These terms and conditions are referred to as the “Terms” and they form a legally binding agreement between you and our company in relation to your use of the Services. It is important that you take the time to read them carefully.
2. Accepting the Terms
2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms. You should print or save a local copy of the Terms for your records.
2.2 You can accept the Terms by (a) clicking to accept or agree to the Terms, where this option is made available to you; or (b) by actually using the Services. In the last case, you understand and agree that our company will treat your use of the Services as acceptance of the Terms from that point onwards.
2.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with our company, or (b) it is against any applicable law for you to use the Services.
3. Use of the Services by you
3.1 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by our company. You specifically agree not to access (or attempt to access) any of the Services through any automated means, including use of scripts, or through insertion of your own coded instructions.
3.2 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
3.3 You agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services, any of the code or content that is part of the Services, for any purpose.
3.4 You agree that you are responsible for your own conduct while using the Services and for any consequences thereof. You agree to use the Services only for purposes that are legal, proper and in accordance with these Terms.
3.5 You agree that you are solely responsible for (and that our company has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which our company may suffer) of any such breach.
4. Proprietary rights
4.1You acknowledge and agree that our company (or our licensees or licensors) own all legal rights, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by our company and that you shall not disclose such information without our company’s prior written consent.
4.2Nothing in these Terms gives you a right to use any of our company’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
5. License from our company
5.1 Our company gives you a personal, non-assignable and non-exclusive license to use the software provided to you by us as part of the Services (referred to as the “Software” below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services, in the manner permitted by the Terms.
5.2You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of, or data from the Software or any part thereof (including any database or other components used by the Software).
5.3You may not assign (or grant a sub-license of) your rights to use the Software or otherwise transfer any part of your rights to use the Software.
6. Your passwords and account security
6.1You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
6.2Accordingly, you agree that you will be solely responsible to our company for all activities that occur under your account.
6.3You may not share your login and password information to allow others to access the Services. If you become aware of any other person using your account, you agree to notify our company immediately by emailing us or by using the “contact us” form on our website.
7. Privacy and your personal information
7.2You agree to the use of your data in accordance with our company’s privacy policies.
8. Ending your relationship with our company
8.1 The Terms will continue to apply until terminated by either you or our company as set out below.
8.2If you want to terminate your legal agreement with our company, you may do so by ceasing any use of the Services and notifying us in writing that you wish to close your accounts for all of the Services which you use.
8.3 We may at any time, terminate our legal agreement with you if:
- you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
- our company is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
- our company is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service.
8.4 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and our company have benefited from or have been subject to shall be unaffected by this cessation and shall continue indefinitely.
9. EXCLUSION OF WARRANTIES
9.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 9 AND 10, SHALL EXCLUDE OR LIMIT OUR WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
9.2YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
9.3IN PARTICULAR, OUR COMPANY, OUR SUBSIDIARIES AND AFFILIATES AND LICENSEES DO NOT REPRESENT OR WARRANT TO YOU THAT:
- YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
- ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
- THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
9.4ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
9.5NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
9.6OUR COMPANY FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
10. LIMITATION OF LIABILITY
10.1 SUBJECT TO PARAGRAPH 9.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT OUR COMPANY, OUR SUBSIDIARIES AND AFFILIATES AND LICENSEES SHALL NOT BE LIABLE TO YOU FOR:
- ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
- ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
- (I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
- (II) ANY CHANGES WHICH OUR COMPANY MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
- (III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
- (IV) YOUR FAILURE TO PROVIDE ACCURATE ACCOUNT INFORMATION;
- (V) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
10.2THE LIMITATIONS ON OUR LIABILITY TO YOU IN PARAGRAPH 10.1 ABOVE SHALL APPLY WHETHER OR NOT OUR COMPANY HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
11. Other content
The Services may include hyperlinks to other websites or content or resources. Our company may have no control over any websites or resources which are provided by companies or persons other than our company. You acknowledge and agree that our company is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such websites or resources.
12. Changes to the Terms
12.1 Our company may make changes to the Terms from time to time. When these changes are made, our company will make a new copy of the Terms available on our website.
12.2 You understand and agree that if you use the Services after the date on which the Terms have changed, our company will treat your use as acceptance of the updated Terms.
13. General legal terms
13.1 The Terms constitute the whole legal agreement between you and our company and govern your use of the Services (but excluding any services which our company may provide to you under a separate written agreement), and completely replace any prior agreements between you and our company in relation to the Services.
13.2 You agree that if our company does not exercise or enforce any legal right or remedy which is contained in the Terms (or which our company has the benefit of under any applicable law), this will not be taken to be a formal waiver of our company’s rights and that those rights or remedies will still be available to us.
13.3 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
13.4 You acknowledge and agree that our affiliates and licensees shall be third party beneficiaries to the Terms and that such other companies or entities shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.
13.5 Where our company has provided you with a translation of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with our company. If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.