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This page sets out the terms and conditions ("Terms") on which Xceptor Limited (company registration no. 04825384) (trading as Xceptor) having its principal trading office at 85 Gresham Street, London EC2V 7NQ ("Xceptor", "we", "us" or "our") provides you ("you" or "your") with access to www.xceptor.com excluding the Xceptor connect services for which separate terms and conditions are provided ("Website").
By using the Website, which includes accessing and browsing any of the content of the Website, you indicate that you have read, understood, and agree to be bound by these Terms. If you do not accept these Terms of Use, you should refrain from using our website.
1. About us
1.1 The Website is owned and operated by Xceptor. All information supplied through the Website is managed by Xceptor.
1.2 Xceptor can be contacted by writing to Xceptor Limited, 85 Gresham Street, London EC2V 7NQ, or by email or by our contact page on the Website.
2. Access to the Website
2.1 Access to the Website is permitted on a temporary basis and Xceptor reserves the right to withdraw or amend the service We provide on our Website without notice to You (see below). Furthermore, we cannot guarantee that access to the Website will be uninterrupted or error free.
2.2 We will not be liable if for any reason the Website is unavailable at any time or for any period.
2.3 You are responsible for making all arrangements necessary for you to have access to our Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these terms and that they comply with them.
2.4 We may suspend Your access to the Website, whether wholly or partly, at any time without notice to You if any of the following events occur:
2.4.1 the third party service and network providers cease to make the third party service or network available to Us;
2.4.2 We are undertaking repairs, planned maintenance or upgrades to the Website;
2.4.3 We believe that there has been fraudulent use, misuse or abuse of features or functionalities of the Website (in whole or in part);
2.4.4 We believe that you have provided Us with any false, inaccurate or misleading information; or
2.4.5 We believe that you are not acting in a personal capacity; and Xceptor shall not be liable to You for any such suspension of Your access to the Website.
2.5 We do not represent or warrant that the Website or any information contained within it is appropriate or lawful in locations outside the United Kingdom. If you opt to access the Website from a location outside the United Kingdom, you shall be responsible for complying with all applicable local laws.
2.6 We may update the Website from time to time and We reserve the right to make any changes to the Website including without limitation the removal, modification and/or variation of any elements, features and functionalities of the Website. However, please note that the Website content may be out of date at any given time, and We are under no obligation to update it.
2.7 We endeavor to comply with WCAG 2.1 level AA accessibility requirements for use of our Website.
3. Your obligations
3.1 You agree that at all times, you shall:
3.1.1 not use the information presented on or obtained using the Website for any purposes other than those expressly set out in these Terms;
3.1.2 not do anything likely to impair, interfere with or damage, or cause harm or distress to any persons using the Website or in respect of the network;
3.1.3 not use the Website, the content therein and/or do anything that will infringe any and all patents, trademarks (whether registrable or non-registrable), designs, rights in database, rights in software (including without limitation the source and object code), copyright and all proprietary rights (“Intellectual Property Rights”) or other rights of any third parties;
3.1.4 comply with all instructions and policies We may provide to you from time to time in respect of the Website;
3.1.5 co-operate with any reasonable security or other checks or requests for information made by Us from time to time; and
3.1.6 use the information made available to you on the Website at your own risk.
3.2 In the event that We, in our sole and absolute discretion, consider that you have breached any of the terms set out in this clause 3, We reserve the right to take any action that We deem to be necessary, including without limitation, suspending your access to the Website (in whole or in part) or terminating your use of and access to the Website; and in the case of illegal use, the instigation of legal proceedings as appropriate.
4. Terms and termination
4.1 These Terms will remain in full force and effect while You use or access the Website.
4.2 You may terminate these Terms at any time by ceasing all use of the Website.
4.3 Xceptor may, at any time and for any reason, terminate these Terms with you and deny you access to the Website. In the event of termination of these Terms for any reason, you must not attempt to use the Website.
4.4 Sections 2.5 and 3 to 9 inclusive shall survive termination of these Terms for any reason, and shall be valid and enforceable against you.
5. Reliance on Website information and links
5.1 The Website content, including without limitation any case studies or use cases made available on the Website, is provided for general information only. It is not intended to amount to advice on which you should rely or to assist in deciding on a course or specific cause of action. If you so intend to use and/or rely upon any information made available to you through your use of the Website, you do so at your own risk and liability.
5.2 Although Xceptor make reasonable efforts to update the information on the Website, We make no representations, warranties or guarantees, whether express or implied, that the Website content is accurate, complete or up-to-date.
5.3 We do not participate in any way in nor will We be liable in any way for any communication, transaction, meet-ups, set-ups or any relationship between you and other Website users. We recommend that you take all safety precautions when contacting, socializing, and engaging in any business transactions or business or social gatherings and meetings with other Website users.
5.4 Where the Website 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. If you access any of these sites via our Website, you do so at your own risk.
5.5 Further, where you access any third party sites through a link from our Website, you acknowledge that such sites may operate their own terms and conditions and privacy policy, and accordingly you are advised to check such terms, conditions and policies prior to your use of the third party site.
6. Liability
6.1 The material displayed on our Website is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, We and third parties connected to Us hereby expressly exclude:
6.1.1 all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
6.1.2 any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Website or in connection with the use, inability to use, or results of the use of our Website, any websites linked to it and any materials posted on it, including, without limitation any liability for:
6.1.2.1 loss of income or revenue;
6.1.2.2 loss of business;
6.1.2.3 loss of profits or contracts;
6.1.2.4 loss of anticipated savings;
6.1.2.5 loss of data;
6.1.2.6 loss of goodwill;
6.1.2.7 wasted management or office time; and
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, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
6.2 This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
7. Intellectual property
7.1 We own or have a license to use all rights in the Intellectual Property Rights relating to the Website and its content. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
7.2 You are granted a non-transferable, non-exclusive, royalty-free, revocable license to view the content for Your personal use only and You must not use any part of the submissions of other Website users and all materials on the Website for commercial purposes.
7.3 You are expressly prohibited from removing, modifying, altering or using any registered or unregistered marks/logos owned by Us, and doing anything which may be seen to take unfair advantage of our reputation and goodwill or could be considered an infringement of any of the Intellectual Property Rights owned and/or licensed to Us, without first obtaining our written permission.
8. Viruses, hacking and other offences
8.1 You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Website, the server on which the Website is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack.
8.2 By breaching this provision, you would commit a criminal offense 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 Website will cease immediately.
8.3 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 Website or to your downloading of any material posted on it, or on any website linked to it.
9. Data protection and privacy notice
9.1 We are committed to protecting (i) Your privacy; and (ii) the confidentiality of the information provided by You using the Website.
9.2 We only use your personal information in accordance with our Privacy Notice. For details, please see our Privacy Notice.
10. Your concerns
If you have reason to believe that any of the terms herein have been breached, you have a complaint or any concerns about material which appears on our Website, please contact us. All notifications and communication to us should be sent to the contact details provided herein.
11. General
11.1 You may print and keep a copy of these Terms, which form the entire agreement between You and Us and supersede any other communications or advertising with respect to the Website.
11.2 We may update or revise these Terms from time to time by amending this page. You are expected to check this page from time to time to take notice of any changes We made, as they are binding on you. Your continued use of the Website (whether wholly or partly) shall be deemed your acceptance of such change(s) in respect of the updated or revised Terms.
11.3 You shall comply with all foreign and local laws and regulations which apply to your Use of the Website in whatever country you are physically located, including without limitation, consumer law, export control laws and regulations.
11.4 If any provision of these Terms is declared void, illegal, or unenforceable, the remainder of these Terms will be valid and enforceable to the extent permitted by applicable law. In such event, the parties agree to use their best efforts to replace the invalid or unenforceable provision by a provision that, to the extent permitted by the applicable law, achieves the purposes intended under the invalid or unenforceable provision.
11.5 Any failure by any party to these Terms to enforce at any time any term or condition under these Terms will not be considered a waiver of that party's right thereafter to enforce each and every term and condition of these Terms.
11.6 Neither party will be responsible for delays resulting from circumstances beyond the reasonable control of such party, provided that the nonperforming party uses reasonable efforts to avoid or remove such causes of non-performance and continues performance hereunder with reasonable dispatch whenever such causes are removed.
11.7 Nothing in these Terms shall give, directly or indirectly, any third party any enforceable benefit or any right of action against Us and such third parties shall not be entitled to enforce any term of these Terms against Us.
11.8 These Terms and their performance shall be governed by and construed in accordance with the laws of England and the parties hereby submit to the non-exclusive jurisdiction of the courts of England.