Delphidian Terms and conditions
Credit
This document was created using a Contractology template
available at http://www.freenetlaw.com.
Introduction
These terms and conditions govern your use of this
website; by using this website, you accept these terms
and conditions in full. If you disagree with these
terms and conditions or any part of these terms and
conditions, you must not use this website.
This website uses cookies. By using this website and
agreeing to these terms and conditions, you consent to
our Delphidian's use of cookies in accordance with the
terms of Delphidian's privacy policy.
License to use website
Unless otherwise stated, Delphidian and/or its licensors
own the intellectual property rights in the website and
material on the website. Subject to the license below,
all these intellectual property rights are reserved.
You may view, download for caching purposes only, and
print pages from the website for your own personal use,
subject to the restrictions set out below and elsewhere
in these terms and conditions.
You must not:
* republish material from this website (including
republication on another website);
* sell, rent or sub-license material from the website;
* show any material from the website in public;
* reproduce, duplicate, copy or otherwise exploit
material on this website for a commercial purpose;
* redistribute material from this website except for
content specifically and expressly made available for
redistribution.
Acceptable use
You must not use this website in any way that causes, or
may cause, damage to the website or impairment of the
availability or accessibility of the website; or in any
way which is unlawful, illegal, fraudulent or harmful,
or in connection with any unlawful, illegal, fraudulent
or harmful purpose or activity.
You must not use this website to copy, store, host,
transmit, send, use, publish or distribute any material
which consists of (or is linked to) any spyware,
computer virus, Trojan horse, worm, keystroke logger,
rootkit or other malicious computer software.
You must not conduct any systematic or automated data
collection activities (including without limitation
scraping, data mining, data extraction and data
harvesting) on or in relation to this website without Xenamerkl’s express written consent.
You must not use this website to transmit or send
unsolicited commercial communications.
You must not use this website for any purposes related
to marketing without Delphidian’s express written consent.
No warranties
This website is provided “as is” without any
representations or warranties, express or implied. Delphidian makes no representations or warranties in relation
to this website or the information and materials
provided on this website.
Without prejudice to the generality of the foregoing
paragraph, Delphidian does not warrant that:
* this website will be constantly available, or
available at all; or
* the information on this website is complete, true,
accurate or non-misleading.
Nothing on this website constitutes, or is meant to
constitute, advice of any kind. [If you require advice
in relation to any [legal, financial or medical] matter
you should consult an appropriate professional.]
Limitations of liability
Delphidian will not be liable to you (whether under the
law of contact, the law of torts or otherwise) in
relation to the contents of, or use of, or otherwise in
connection with, this website:
* for any indirect, special or consequential loss; or
* for any business losses, loss of revenue, income,
profits or anticipated savings, loss of contracts or
business relationships, loss of reputation or goodwill,
or loss or corruption of information or data.
These limitations of liability apply even if Delphidian
has been expressly advised of the potential loss.
Reasonableness
By using this website, you agree that the exclusions and
limitations of liability set out in this website
disclaimer are reasonable.
If you do not think they are reasonable, you must not
use this website.
Other parties
You accept that, as a limited liability entity, Delphidian
has an interest in limiting the personal liability of
its officers and employees. You agree that you will not
bring any claim personally against Delphidian’s officers
or employees in respect of any losses you suffer in
connection with the website.
Without prejudice to the foregoing paragraph, you agree
that the limitations of warranties and liability set out
in this website disclaimer will protect Delphidian’s
officers, employees, agents, subsidiaries, successors,
assigns and sub-contractors as well as Delphidian.
Unenforceable provisions
If any provision of this website disclaimer is, or is
found to be, unenforceable under applicable law, that
will not affect the enforceability of the other
provisions of this website disclaimer.
Indemnity
You hereby indemnify Delphidian and undertake to keep Xenamrk indemnified against any losses, damages, costs,
liabilities and expenses (including without limitation
legal expenses and any amounts paid by Delphidian to a
third party in settlement of a claim or dispute on the
advice of Delphidian’s legal advisers) incurred or
suffered by Delphidian arising out of any breach by you of
any provision of these terms and conditions, or arising
out of any claim that you have breached any provision of
these terms and conditions.
Breaches of these terms and conditions
Without prejudice to Delphidian’s other rights under these
terms and conditions, if you breach these terms and
conditions in any way, Delphidian may take such action as
Delphidian deems appropriate to deal with the breach,
including suspending your access to the website,
prohibiting you from accessing the website, blocking
computers using your IP address from accessing the
website, contacting your internet service provider to
request that they block your access to the website
and/or bringing court proceedings against you.
Variation
Delphidian may revise these terms and conditions from
time-to-time. Revised terms and conditions will apply
to the use of this website from the date of the
publication of the revised terms and conditions on this
website. Please check this page regularly to ensure you
are familiar with the current version.
Assignment
Delphidian may transfer, sub-contract or otherwise deal
with Delphidian’s rights and/or obligations under these
terms and conditions without notifying you or obtaining
your consent.
You may not transfer, sub-contract or otherwise deal
with your rights and/or obligations under these terms
and conditions.
Severability
If a provision of these terms and conditions is
determined by any court or other competent authority to
be unlawful and/or unenforceable, the other provisions
will continue in effect. If any unlawful and/or
unenforceable provision would be lawful or enforceable
if part of it were deleted, that part will be deemed to
be deleted, and the rest of the provision will continue
in effect.
Entire agreement
These terms and conditions constitute the entire
agreement between you and Delphidian in relation to your
use of this website, and supersede all previous
agreements in respect of your use of this website.