TERMS AND CONDITIONS
In these Website Usage Terms (“Terms”) the following words shall have the corresponding meanings:-
(a) “Affiliate” means any company, any subsidiary of that company, holding company of that company, or subsidiary of that holding company, and the terms “holding company” and “subsidiary” have the meanings given in Section 1159 of the Companies Act 2006;
(b) “Content” means all content on our Website from time to time, which includes without limitation, all commentary, data, databases, program code, information, documents, logos, graphics, sounds and images;
(c) “DevelRx”, “we”, “us”, and “our” mean DevelRx, a company registered in England and Wales with Company Registration Number 12028847 and Registered Office at 17 Queens Lane, Newcastle upon Tyne, Tyne and Wear, United Kingdom, NE1 1RN;
(d) “you” or “your” means the person (including individuals, firms and companies and other organisations) browsing or using our Website; and(e) “Website” means www.develrx.com (http://www.develrx.com/).
2. OUR WEBSITE
Our Website and its Content are owned and operated by DevelRx, and DevelRx retains all right, title and interest in and to the Website and the Content including all copyright, design rights and trade mark rights whether registered or unregistered and all other intellectual property and proprietary rights anywhere in the world in or to the Website and the Content. Except for the license set out in Clause 2.2 below, DevelRx grants no licence and transfers no rights or interest in relation to the Website or Content and all rights in the Website and Content are reserved to DevelRx absolutely. Any goodwill in the Website shall accrue to the benefit of DevelRx.
2.2 Use of Content
DevelRx licenses you to download the Content into your browser, to store copies of the Content in your browser cache, and to make electronic or printed copies of the Content, solely for the purposes of browsing our Website, provided that: (1) any copyright or other proprietary notices of DevelRx within the Content are not deleted, modified or obscured and are reproduced on all copies of the Content; (2) such use and display is solely for your personal or internal use (that is, not for commercial gain and not distributed or otherwise transmitted outside of your home or business, or otherwise broadcast in any media); and (3) the Content is not reproduced, modified, edited, altered or enhanced in any manner; and (4) no part of our Website or Content may be reproduced or stored on any other website or included in any public or private electronic system or service without DevelRx’s prior written consent. Except as expressly permitted above by this Clause 2.2, any and all use, downloading, copying, publishing, transmitting, or distribution of the Content or any part of the Content is prohibited. If you breach any of these Terms, your license to use our Content under this Clause 2.2, and your permission to use our Website automatically terminates and you must destroy and/or permanently erase any downloaded or printed Content and all extracts.
2.3 No Unlawful or Prohibited Use
You will not use our Website in any manner that could damage, disable, overburden, disrupt or impair any DevelRx server or any servers or networks used with our Website or interfere with use of any part of our Website by any other person or entity. You may not attempt to gain unauthorised access to any Content, other accounts, or computer systems connected to any DevelRx server through hacking, password mining or any other means. You may not obtain or attempt to obtain any Content through any means not intentionally made available through our Website. Further, you will not use our Website to violate any applicable law, regulation, contract or policy.
2.4 Website Availability
Our Website can be accessed from any countries around the world and may contain references to DevelRx services, programs and products that are not offered in your country. You acknowledge and agree that any such references do not constitute any obligation of DevelRx to offer such services, programs, or products in your country at any time. DevelRx makes no representation that information on our Website is appropriate or available for use in all countries and prohibits accessing materials from territories where the Content is illegal. Those who access our Website do so on their own initiative and of their own risk and are responsible for compliance with all applicable laws. We will not be liable if our Website is unavailable at any time for any period.
2.5 Third-Party Websites
Our Website may contain links to third-party websites, which are not under the control of DevelRx. Please note that these links are for your convenience only. When you click on these links you are moving to another website. DevelRx does not endorse nor does it make any representation about third-party websites which are linked from our Website, nor any material posted on such third-party websites. When you access a third-party website, you do so at your own risk.
2.6 Accuracy of Content
We make all reasonable efforts to ensure that the information on our Website is accurate, complete and up to date at the time of your visit. However, there may be errors which we have failed to notice. We have the right to correct these errors and to cancel any orders or contracts made on the basis of these errors, without liability to you. The Content is provided without any guarantee, conditions or warranties as to its accuracy and we hereby expressly exclude, to the extent permitted by law, all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
2.7 Termination of Use
DevelRx may, in its sole discretion and without notice to you, terminate your use of or access to our Website at any time. DevelRx will normally do so if DevelRx believes that you have violated these Terms or any applicable law or regulation or that you have engaged in conduct that DevelRx determines in its sole discretion to be inappropriate.
2.8 Indemnity for your Misuse
You agree to indemnify, defend and hold DevelRx (and its Affiliates, directors, officers, employees, shareholders, agents and partners) harmless from any and all claims, damages, liabilities, costs and expenses (including reasonable attorneys’ fees) arising out of: (a) your use or misuse of our Website or any Content; (b) your breach or alleged breach of any of these Terms; or (c) your violation of any law, rule, regulation or rights of others.
3. OUR LIABILITY TO YOU
3.1 Liability Not Excluded or Limited
We do not limit or exclude our liability to you: (a) for death or personal injury caused by our negligence; (b) for fraud or fraudulent misrepresentation; or (c) under the Data Protection Act 1998 or the Privacy and Electronic Communications (EC Directive) Regulations 2003; or (d) any liability to the extent that such liability may not be limited or excluded by law.
3.2 Use of Website and Content
You use our Website and its Content at your own risk, and we assume no duty of care to you and accept no liability whatsoever (including for negligence) to you with respect to our Website or the Content or any loss or damage you suffer arising from your use of or reliance on the same.
3.3 Exclusion of Liability
(a) Excluded Types of Loss
If you are not an individual (e.g. you are a company, corporate entity, partnership, firm, government authority, or other organisation), then, subject to Clause 3.1 above, we shall have no liability to you for: loss of revenue, bargain, profit, contract, business, use (including use of money), production, reputation, fines or goodwill; any loss or damage related to business interruption; any loss, damage or corruption to your data or any computer system or attributable to your failure to make and retain reasonable back-ups of your data and computer systems; any special, indirect, punitive, incidental or consequential loss or damage; your liability to any third party; or any loss or damage suffered by any third party; any loss or damage resulting from your misuse of our Website or Content; in each case whether or not we have been advised of or have knowledge of the likelihood of your suffering the same.
(b) Reliance on Information Posted
Content posted on our Website is not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on any Content by any visitor to our Website or by anyone who may be informed of any of its Content.
3.4 Meaning of Liability
References in these Terms to our liability are to our liability under or in connection with our Website and the Content, including (without limitation) liability (whether contractual or non-contractual) for breach of contract, negligence, breach of statutory duty, accidental or negligent misrepresentation, strict liability or any other liability we may have to you whatsoever and howsoever arising under any other legal or equitable theory.
4.1 Law and Jurisdiction
These Terms and all matters relating to your access to or use of our Website, and all contractual and non-contractual claims and disputes arising under or in connection with the same, shall be governed by the laws of England and Wales, and you hereby submit to the exclusive jurisdiction of the English and Welsh courts.
4.2 Changes to these Terms
We may change these terms at any time by posting a revised version to our Website. If you continue to use our Website after the change, you are indicating that you accept the revised terms.