Terms and conditions of use
Introduction
These terms and conditions apply between you, the User
of this Website (including any sub-domains, unless expressly excluded by their
own terms and conditions), and SPLtrack Limited, the owner and operator of this Website.
Please read these terms and conditions carefully, as they affect your legal
rights. Your agreement to comply with and be bound by these terms and
conditions is deemed to occur upon your first use of the Website. If you do not
agree to be bound by these terms and conditions, you should stop using the
Website immediately.
In these terms and conditions, User or Users means
any third party that accesses the Website and is not either (i) employed by SPLtrack
Limited and acting in the course of their employment or (ii) engaged
as a consultant or otherwise providing services to SPLtrack
Limited and accessing the Website in connection with the provision
of such services.
Intellectual property and acceptable use
1.
All
Data output included on the Website, unless uploaded by Users, is the property of SPLtrack Limited, our
affiliates or other relevant third parties. In these terms and conditions, Data
output means any text, graphics, images, audio, video, software, data
compilations, page layout, underlying code and software and any other form of
information capable of being stored in a computer that appears on or forms part
of this Website, including any such data output uploaded by Users. By
continuing to use the Website you acknowledge that such Data output is
protected by copyright, trademarks, database rights and other intellectual
property rights. Nothing on this site shall be construed as granting, by
implication, estoppel, or otherwise, any license or right to use any trademark,
logo or service mark displayed on the site without the owner's prior written
permission
2.
You
may, for your own commercial use, do the following:
a.
retrieve,
display and view the data output including maps, models and diagrams on a
computer screen
b.
download
and store the data output including maps, models and diagrams in electronic
form on a disk or other storage device.
c.
print
hardcopy of the data output including maps, models and diagrams
3.
The
data output may be used in support of your own business but you must not
otherwise reproduce, modify, copy, distribute or use for commercial purposes
any Data output without the written permission of SPLtrack Limited.
4.
You
acknowledge that you are responsible for any Data output you may submit via the
Website, including the legality, reliability, appropriateness, originality and
copyright of any such Data output. You may not upload to, distribute or
otherwise publish through the Website any Data output that (i)
is confidential, proprietary, false, fraudulent, libellous,
defamatory, obscene, threatening, invasive of privacy or publicity rights,
infringing on intellectual property rights, abusive, illegal or otherwise
objectionable; (ii) may constitute or encourage a criminal offence, violate the
rights of any party or otherwise give rise to liability or violate any law; or
(iii) may contain software viruses, political campaigning, chain letters, mass
mailings, or any form of "spam." You may not use a false email
address or other identifying information, impersonate any person or entity or
otherwise mislead as to the origin of any data output. You may not upload
commercial data output onto the Website.
5.
You
represent and warrant that you own or otherwise control all the rights to the
Data output you post; that the Data output is accurate; that use of the Data
output you supply does not violate any provision of these terms and conditions
and will not cause injury to any person; and that you will indemnify SPLtrack Limited for all claims resulting from
Data output you supply.
Prohibited use
6.
You
may not use the Website for any of the following purposes:
a.
in
any way which causes, or may cause, damage to the Website or interferes with
any other person's use of the Website;
b.
in
any way which is harmful, unlawful, illegal, abusive, harassing, threatening or
otherwise objectionable or in breach of any applicable law, regulation,
governmental order;
c.
making,
transmitting or storing electronic copies of Data output protected by copyright
without the permission of the owner.
Registration
7.
You
must ensure that the details provided by you on registration or at any time are
correct and complete.
8.
You
must inform us immediately of any changes to the information that you provide
when registering by updating your personal details to ensure we can communicate
with you effectively.
9.
We
may suspend or cancel your registration with immediate effect for any
reasonable purposes or if you breach these terms and conditions.
10.
You
may cancel your registration at any time by informing us in writing to the
address at the end of these terms and conditions. If you do so, you must
immediately stop using the Website. Cancellation or suspension of your
registration does not affect any statutory rights.
Password and security
11.
When
you register on this Website, you will be asked to create a password, which you
should keep confidential and not disclose or share with anyone.
12.
If
we have reason to believe that there is or is likely to be any misuse of the
Website or breach of security, we may require you to change your password or
suspend your account.
Links to other websites
13.
This
Website may contain links to other sites. Unless expressly stated, these sites
are not under the control of SPLtrack
Limited or that of our affiliates.
14.
We
assume no responsibility for the data output of such Websites and disclaim
liability for any and all forms of loss or damage arising out of the use of
them.
15.
The
inclusion of a link to another site on this Website does not imply any
endorsement of the sites themselves or of those in control of them.
Privacy Policy and Cookies Policy
16.
Use
of the Website is also governed by our Privacy Policy and Cookies Policy, which
are incorporated into these terms and conditions by this reference. To view the
Privacy Policy and Cookies Policy, please click on the following: http://adahub.net/privacy and http://adahub.net/cookies.
Availability of the Website and
disclaimers
17.
Any
online facilities, tools, services or information that SPLtrack Limited makes available through
the Website (the Service) is provided "as is" and on an "as
available" basis. We give no warranty that the Service will be free of
defects and/or faults. To the maximum extent permitted by the law, we provide
no warranties (express or implied) of fitness for a particular purpose,
accuracy of information, compatibility and satisfactory quality. SPLtrack Limited is
under no obligation to update information on the Website.
18.
Whilst SPLtrack Limited uses reasonable endeavours to ensure that the Website is secure and free of
errors, viruses and other malware, we give no warranty or guaranty in that
regard and all Users take responsibility for their own security, that of their
personal details and their computers.
19.
SPLtrack Limited accepts
no liability for any disruption or non-availability of the Website.
20.
SPLtrack Limited reserves
the right to alter, suspend or discontinue any part (or the whole of) the
Website including, but not limited to, any products and/or services available.
These terms and conditions shall continue to apply to any modified version of
the Website unless it is expressly stated otherwise.
Limitation of liability
21.
Nothing
in these terms and conditions will: (a) limit or exclude our or your liability
for death or personal injury resulting from our or your negligence, as
applicable; (b) limit or exclude our or your liability for fraud or fraudulent
misrepresentation; or (c) limit or exclude any of our or your liabilities in
any way that is not permitted under applicable law.
22.
To
the extent that the Website and Data output are provided free of charge, we
will not be liable to you for any loss or damage of any kind.
23.
We
will not be liable to you in respect of any losses arising out of events beyond
our reasonable control.
24.
To
the maximum extent permitted by law, SPLtrack Limited accepts no liability for
any of the following:
a.
any
business losses, such as loss of profits, income, revenue, anticipated savings,
business, contracts, goodwill or commercial opportunities;
b.
loss
or corruption of any data, database or software;
c.
any
special, indirect or consequential loss or damage.
General
25.
You
may not transfer any of your rights under these terms and conditions to any
other person. We may transfer our rights under these terms and conditions where
we reasonably believe your rights will not be affected.
26.
These
terms and conditions may be varied by us from time to time. Such revised terms
will apply to the Website from the date of publication. Users should check the
terms and conditions regularly to ensure familiarity with the then current
version.
27.
These
terms and conditions together with the Privacy Policy
and Cookies Policy contain the whole
agreement between the parties relating to its subject matter and supersede all
prior discussions, arrangements or agreements that might have taken place in
relation to the terms and conditions.
28.
The Contracts
(Rights of Third Parties) Act 1999 shall not apply to these terms and
conditions and no third party will have any right to enforce or rely on any
provision of these terms and conditions.
29.
If
any court or competent authority finds that any provision of these terms and
conditions (or part of any provision) is invalid, illegal or unenforceable,
that provision or part-provision will, to the extent required, be deemed to be
deleted, and the validity and enforceability of the other provisions of these
terms and conditions will not be affected.
30.
Unless
otherwise agreed, no delay, act or omission by a party in exercising any right
or remedy will be deemed a waiver of that, or any other, right or remedy.
31.
This
Agreement shall be governed by and interpreted according to the law of England
and Wales and all disputes arising under the Agreement (including
non-contractual disputes or claims) shall be subject to the exclusive
jurisdiction of the English and Welsh courts.
SPLtrack Limited details
32.
SPLtrack Limited is a
company incorporated in England and Wales with registered number 08797709 whose
registered address is Mallory Park Circuit, Kirkby
Mallory, Leicestershire, LE9 7QE and it operates
the Website www.adahub.net. The registered VAT number is GB199119173.
You can contact SPLtrack Limited by email
on info@spltrack.co.uk.