1. WEBSITE USE
1.2 In these Terms, “us”, “we” and “our” refer to Reachx and references to “you” and “your” is to you, the user of the Site.
1.3 By using the Site you accept these Terms and that you agree to abide by them. If you do not agree with these Terms you must immediately stop using the Site.
1.4 You agree that we may change, update or otherwise amend from time to time the Site and these Terms at our absolute discretion and without notice and it is your responsibility to refer back to this Terms.
2. ACCESSING THE SITE
2.1 Access to the Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service it provides on the Site without notice.
2.2 We will not be liable if for any reason the Site is unavailable at any time or for any period. 2.3 From time to time, we may restrict access to some parts of the Site, or the entire Site, to users who have registered with and/or have been granted passwords by us. Access is in any event only available to persons fulfilling certain requirements, which requirements may vary depending on the jurisdiction in which the user is. Access is prohibited to all users in certain jurisdictions.
2.4 If you are provided with a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party.
2.6 When using the Site, you must not use it in any way which (i) breaches any applicable local, national or international law or regulation; or (ii) is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
2.7 You are responsible for making all arrangements necessary for you to have access to the Site. You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these terms, and that they comply with them.
3.1 You may register an account by providing the information requested on the Site (including full name and email address) and creating a password, or via your existing account details with an approved social network (such as Facebook etc…).
3.2 To become a Contributor, you must provide certain further information (including CV or LinkedIn profile details or from any other sources) to create a profile and enable us to consider your application.
3.3 We may accept, reject, suspend or remove any registration in our absolute discretion and without any recourse.
3.4 You acknowledge that our editors and we rely on the accuracy and completeness of information provided by you during the registration process. You must provide us with accurate personal and contact information. You will only represent yourself and will not create false aliases or impersonate any other person (with or without their consent) while using the Site.
3.5 You must use your username and password to access the Site. It is your responsibility to keep your username and password secure and you indemnify us for any loss or damage we suffer as a result of unauthorised access to your account. You are solely responsible for the use of your account, irrespective of who it utilising it, whether with or without your permission.
4.1. Each contributor (“Contributor”) to our Site is independent from us and not acting as our employee.
4.2 Views expressed on our Site by any Contributor (or any other users) are their own and do not necessarily reflect or represent our views and we cannot be liable for any opinion expressed by a Contributor.
4.3 We are authorized by you to remove or modify any data submitted by you for any reason we feel constitutes a violation of our policies, whether stated, implied or not.
5. USE OF CONTENT
5.1 The information, content and software on the Site (the “Content”) are selected, edited, updated and made available to you at our sole discretion.
5.2 We grant you permission to temporarily download one copy of the Content for personal viewing only, provided that you may not: (a) Modify or copy any Content; (b) Use the Content for any commercial purpose, or for any public display (commercial or non-commercial); (c) Attempt to decompile or reverse engineer any software contained on the Site; (d) Remove any copyright or other proprietary notations from the materials; or transfer the materials to another person or “mirror” the materials on any other server.
5.3 The license to use the Site and any Content shall automatically terminate if you violate any of these restrictions or other provision under these Terms and may be terminated by us at any time.
5.4 Upon termination, you must destroy all downloaded copies of any Content in your possession whether in electronic or printed format. You must provide us written certification of such destruction promptly following request.
5.5 The Content may include technical, typographical, or photographic errors. We do not warrant that any of the materials on its Site are accurate, complete, or current. We may make change to the Content at any time, at our discretion, without notice. We do not, however, make any commitment to update the Content and we cannot be held liable for any of inaccuracy found on the Site.
6. USER CONTRIBUTION
6.1 Some areas of the Site allow users (including Contributors) to provide content such as articles, profile information, comments, questions, and other content or information (“User Contribution”). User Contribution shall be submitted for editorial review and approval in our absolute discretion.
6.2 Subject to these Terms, we claim no ownership rights over User Contribution.
6.3 User Contribution shall be made available for view, edit and/or share in our absolute discretion, accordance with settings on the Site and these Terms. We have the right (but not the obligation) in our sole discretion to edit or remove any User Contribution from the Site, without notice.
6.4 We do not accept any responsibility or legal liability whatsoever for any act or omission of any user relating to User Contribution or otherwise arising from or in connection with use of the Site.
6.5 For the purposes of this clause and any limitation or exclusion of liability under these Terms, User Contribution that you submit on the Site (“Your Content”) includes all comments, information, designs, logos, images and other content provided in or otherwise in connection with your use of the Site.
6.6 As a user or Contributor, you represent and warrant that: (a) Your Content is your own original work, truthful, accurate, and not false, defamatory, misleading or otherwise deceptive in any way; (b) You are independent from the subject matter in Your Content or have expressly made all necessary disclaimers, including of any perceived, potential or actual conflict of interest; (c) Your Content shall not create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you or any other person; (d) Your Content shall not create a risk of any other loss or damage to any person or property; (e) Your Content is not harmful, abusive, racially, ethnically or religiously offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libellous, threatening, profane, or otherwise objectionable; (f) Your Content does not harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (g) Your Content compliant with these Terms and not illegal (including the disclosure of insider information under securities law or of another party's trade secrets); (h) You are the sole and absolute owner of all intellectual property rights in Your Content or otherwise have the full right, authority and capacity to license Your Content for the purposes of the Site; and (i) Reproduction or use of Your Content on the Site shall not infringe any intellectual property rights (including moral rights) of any third party.
6.7 By submitting your contribution to the Site, you accept to indemnify us gainst all legal fees, damages and other expenses that we may be incurred as a result of your breach of the above warranty.
6.8 You expressly authorise the reproduction of any copyright in Your Content and grant to us a perpetual, irrevocable, royalty-free, non-exclusive, non-transferable, and worldwide license and right to use Your Content in any way in connection with the Site, promotion and marketing of the Site and Content (including on third party sites) and otherwise as provided by these Terms.
6.9 You also grant us a sub-licenseable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, and exercise all copyright and publicity rights with respect to any such work worldwide and/or to incorporate it in other works in any media now known or later developed for the full term of any rights that may exist in such Content. If you do not wish to grant us such rights, it is suggested that you do not submit your contribution to the Site.
6.10 You agree to waive any moral rights in your contribution for the purposes of its submission to and publication on the Site and the other purposes specified above and you acknowledge and agree that it may be copied or downloaded by users of the Site.
7. CONDITIONS OF USE
7.1 It is a condition of use that: (a) You are over the age of 18; (b) You have the authority to bind any business on behalf you use our Site; (c) You only use the Site for lawful purposes; (d) You do not engage in any defamatory, improper, indecent or offensive behaviour; (e) You are not breaking any local, state, national or international law or regulation or in your relevant jurisdiction by accessing this Site; (f) You will treat the Site and its users with respect and will not partake in any conduct that could be considered bullying, harassment, degradation, insulting or otherwise demeaning to the human standard of any other person (as determined by us); (g) You agree to use the Site only for lawful purposes, and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of the Site by any third party (h) You must provide us with accurate personal and contact information. You will only represent yourself and will not create false aliases or impersonate any other person (with or without their consent) while using the Site; and (i) You do not breach any of the Terms.
7.2 You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack.
7.3 By breaching this provision, you may commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.
7.4 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material posted on it, or on any website linked to it.
8. SITE AVAILABILITY
8.1 You acknowledge that access to the Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service it provides on the Site without notice.
8.2 You acknowledge that we are not required to keep the Site available for your use and we make no warranties as to its availability.
8.3 We accept no responsibility for the unavailability of this Site at any time or for any period, or any offer of Services found on the Site, and you agree that we are not liable for any loss or damage that you or any other person incurs by not being able to access the Site.
8.4 We make no guarantees, implied or express, as to the ongoing availability of the Site or Services.
9 INTELLECTUAL PROPERTY
9.1 All Content on the Site is the copyright and our property and can be used for any purpose relating to the Site or our business.
9.2 Without our express written permission, you shall not copy the Site for your own commercial purposes, including: (a) Replicate or use the details and profiles of any Service Provider; (b) Replicate all or part of the Site in anyway; or (c) Incorporate all or part of the Site in any other webpage, website, application or other digital or non-digital format.
9.3 We have moral & registered rights in our trademarks and you shall not copy, alter, use or otherwise deal in the marks without our prior written consent to do so.
9.4 All Content and other content (other than User Contribution set in clause 6) remains our intellectual property, including any source code, product recipes, usage data, ideas, enhancements, feature requests, suggestions or other information provided by any user.
9.5 You may print off copies, and may download extracts, of any page(s) from the Site for your personal information and use only.
9.6 You must not modify the paper or digital copies of any Content you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
9.7 Our status (and that of any identified Contributors) must always be acknowledged.
9.9 You may not link the Site to another website without our express prior permission.
9.10 If you wish to make any use of Material on the Site other than that set out above, please address your request to us.
10. THIRD PARTY WEBSITES & ADVERTISING
10.1 The Site may from time-to-time contain information & advertising from third-party businesses, people & websites (“Third Parties”).
10.3 We have not reviewed the websites of any Third Parties and no link or information shall imply an endorsement or affiliation with any Third Parties. Where the Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
10.4 We are not responsible for any information transmitted by Third Parties or liable for any reliance you make upon the information or statements conveyed by Third Parties (or in relation to your dealings with Third Parties), nor are we responsible for the accuracy of any advertisements.
11. LIMITATION OF LIABILITY AND INDEMNITY
11.1 The Content displayed on the Site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we or and third parties connected to us hereby expressly exclude: (a) All conditions, warranties and other terms, which might otherwise be implied by statute, common law or the law of equity. (b) Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Site or in connection with the use, inability to use, or results of the use of the Site, any websites linked to it and any Content posted on it, including, without limitation any liability for: (i) loss of income or revenue; (ii) loss of business; (iii) loss of profits or contracts; (iv) loss of anticipated savings; (v) loss of data; (vi) loss of goodwill; (vii) wasted management or office time; and (viii) for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
11.2 You agree that you use the Site and any Content at your own risk.
11.3 You acknowledge that we are not responsible for the conduct or activities of any user and that we are not liable for such under any circumstances.
11.4 If you are provided with a username & password to access the Site, it is your responsibility to keep your username & password secure and you indemnify us for any loss or damage we suffer as a result of unauthorised access to your account. You are solely responsible for the use of your account, irrespective of who it utilising it, whether with or without your permission.
11.5 We do not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the Content on its Site or otherwise relating to such materials or on any sites linked to this Site. You acknowledge that in using the Site and the Content you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms.
11.6 You agree to indemnify and hold us harmless against any loss, damage, cost or expense that we may suffer or incur as a result of or in connection with your use of or conduct in connection with the Site, including any breach by you of these Terms, violation of any third party rights or any applicable law.
11.7 Each Contributor shall indemnify us against all reasonable costs and expenses and any tax, penalty, fine or interest incurred or payable in connection with or in consequence of any Content or relating to use of the Site.
11.8 In no circumstances will we be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from your access to, or use of, or inability to use the Site or any content, or in any way relating to the Services (or the provision or non-provision of service), whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not we knew or should have known of the possibility of such damage, to business interruption of any type, whether in tort, contract or otherwise.
11.9 In no event shall our total liability to you for all damages, losses and causes of action (whether in contract, or not (including, but not limited to, negligence) or otherwise) exceed the costs incurred by you, if any, for accessing the Site.
11.10 Certain rights and remedies may be available under the Sale of Goods Act 1979 or the Consumer Protection Act 1987 or similar legislation in other jurisdictions and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, we and our related entities exclude all conditions and warranties that may be implied by law. To the extent permitted by law, our liability for breach of any implied warranty or condition that cannot be excluded is restricted, at our option to the re-performance of services or payment of the cost of re-supply of services.
11.11 This clause operates for our benefit, our agents, employees, officers, suppliers and affiliates, but otherwise a person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce these Terms, provided that this clause does not affect a right or remedy of a person which otherwise exists or is available.
11.12 No data transmission over the internet can be guaranteed as totally secure. Whilst we strive to protect such information, it does not warrant and cannot ensure the security of any information, which you transmit to it. Accordingly, any information, which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, it will take reasonable steps to preserve the security of such information. However, we do not accept any liability for any interception of information, which it transmits to you.
11.13 We are not responsible for the contents or reliability of any linked websites and does not necessarily endorse the views expressed within them. Linking shall not be taken as endorsement of any kind.
11.14 Nothing in these Terms and Conditions shall operate or be construed so as to exclude or restrict: (a) any warranty or condition implied by statute in the event of your dealing as a "consumer" as defined by section 2 of the Consumer Rights Act 2015. In such a case your statutory rights are unaffected by these terms and conditions; or (b) our liability for death or personal injury caused by reason of our the negligence or of its servants, employees or agents.
13.1 These Terms will continue to apply to your use of the Site and your access to and use of the Site unless and until we notify you that your access has been terminated and your account has been closed. For no reason, we have the right to end the agreement formed by the Terms immediately by giving you written notice.
13.2 Your use of the Site may be cancelled at any time, for any reason, on a temporary or permanent basis.
13.3 Where these Terms have been terminated, you must immediately cease using the Site or our services should you receive a notice cancelling your licence to use the Site.
13.4 We reserve the right to close your account and block your access to the Site and the Content at any time in our sole discretion, but is only likely to do so if it considers that you have materially failed to comply with these Terms.
13.5 Upon closure of your account you must immediately stop using all materials obtained from the Site and all copies thereof, if required by us to do so.
13.6 Service Providers may terminate their use of the Site on at least fourteen (14) working days' notice.
14.1 You can direct notices, enquiries, complaints and so forth to us using any other details published on the Site. Any change of our details will be published from time-to-time on our Site.
14.2 We will send you notices and other correspondence to the email address that you submit to the Site, or that you notify us of from time-to-time. It is your responsibility to update your contact details as they change.
14.3 A consent, notice or communication under this agreement is effective if it is sent as an electronic communication (having the meaning given to that term in Electronic Communications Act 2000 and the Electronic Signatures Regulations 2002) unless required to be physically delivered under law.
15.1 We may assign or otherwise create any interest in our rights under these Terms, by giving you written notice.
15.2 We may in its absolute discretion and without notice amend these Terms at any time, which shall become effective immediately.
15.3 If any of these Terms and Conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any jurisdiction in which these Terms are intended to be effective, then to the extent and within the jurisdiction which that term or condition is illegal, invalid or unenforceable, it shall be severed and deleted from these Terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.
15.5 These Terms form part of an ecommerce transaction and the parties agree that these Terms shall be accepted electronically and the agreement to these Terms is formed and validly entered into electronically.
15.6 The termination of these Terms does not affect the parties' rights in respect of periods before the termination of these Terms. 15.7 These Terms shall be governed by and construed in accordance with the laws of England and Wales. Disputes arising from these Terms shall be exclusively subject to the jurisdiction of the courts of England and Wales.
16. CONTACTING US
16.1 All correspondence with regards to these terms should be addressed to:
ReachX Limited, 1-15 Clere Street, EC2A 4UY, London
16.2 You may contact us by email in the first instance at firstname.lastname@example.org