Terms of use

IMPORTANT LEGAL NOTICE

ATTENTION: This legal notice applies to the entire contents of this website (“Website”). Please read these terms carefully before using the Website. Using the Website indicates that you accept these terms regardless of whether or not you have registered with us. If you do not accept these terms, do not use the Website. This notice is issued by Datpresenter Ltd. (Company).


1. Introduction

1.1 You may access most areas of the Website without registering your details with us. Certain areas of the Website are only open to you if you register and have an account with us.

1.2 By accessing any part of the Website, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave the Website immediately.

1.3 Company may revise this legal notice at any time by updating this posting. You should check the Website from time to time to review the then current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at the Website.


2. Licence

2.1 You are permitted to print and download extracts from the Website for your own use on the following basis:

  • (a) no documents or related graphics on the Website are modified in any way;
  • (b) no graphics on the Website are used separately from the corresponding text; and
  • (c)the Company's copyright and trade mark notices and this permission notice appear in all copies.

Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website (including without limitation photographs and graphical images) are owned by the Company or its licensors. For the purposes of this legal notice, any use of extracts from the Website other than in accordance with clause 2.1 for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use the Website automatically terminates and you must immediately destroy any downloaded or printed extracts from the Website.

2.3 Subject to clause 2.1, no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without the Company's prior written permission.

2.4 Any rights not expressly granted in these terms are reserved.


3. Service access

3.1 While the Company endeavours to ensure that the Website is normally available 24 hours a day, the Company shall not be liable if for any reason the Website is unavailable at any time or for any period.

3.2 Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company's control.


4. Visitor material and conduct

4.1 Other than personally identifiable information, which is covered under our Privacy Policy, any material you transmit or post to the Website shall be considered non-confidential and non-proprietary. The Company shall have no obligations with respect to such material. The Company and its designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

4.2 You are prohibited from posting or transmitting to or from the Website any material:

  • (a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
  • (b) which you have not obtained all necessary licences and/or approvals; or
  • (c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
  • (d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

4.3 You may not misuse the Website (including, without limitation, by hacking).

4.4 Company shall fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or locate anyone posting any material in breach of clause 4.2 or clause 4.3.


5. Links to and from other websites

5.1Links to third party websites on the Website are provided solely for your convenience. The Company has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. The Company therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.

5.2 Links for this website are not permitted except with the Company’s specific written consent in each case such consent and terms upon which it is given (if any) being at the Company’s absolute discretion.


6. Registration

6.1 Each registration is for a single user only. The Company does not permit you to share your user name and password with any other person nor with multiple users on a network.

6.2 Responsibility for the security of any passwords issued rests with you.


7. Disclaimer

7.1 While the Company endeavours to ensure that the information on the Website is correct, the Company does not warrant the accuracy and completeness of the material (including without limitation prices) on the Website. The Company may make changes to the material on the Website, or to the products and prices described in it, at any time without notice. The material on the Website may be out of date, and the Company makes no commitment to update such material.

7.2 The material on the Website is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Company provides you with the Website on the basis that the Company excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for this legal notice, might have effect in relation to the Website. This does not affect other express warranties that the Company may give in relation to specific products of the Company.


8. buying software

8.1 To order a product you will need to contact us and follow the ordering procedures that we will provide you. Terms and conditions of licenses can be provided at this time.

8.2 Any times or dates stated on our website for delivery are estimates only. The Company will make all reasonable effort to deliver goods within the time specified, but does not accept liability for any failure to deliver within that time.

8.3 You must pay at the time of order. The price of any Product is the price in force at the date and time of your order. We may change the price of any Product before you place an order. We try to ensure that any prices displayed on our website are accurate but the price on your order will need to be validated by us as part of the acceptance procedure (see clause 8.4 below). We will inform you if a Product’s correct price is higher than that stated in your order and you may cancel the order and decide whether or not to order the product at the correct price. Unless otherwise stated, the prices are exclusive of delivery costs and applicable taxes.

8.4 The Company is entitled to refuse any order placed by you. If your order is accepted, we will confirm acceptance to you by online electronic means (“Confirmation”) to the email address you have given us. The order will then be fulfilled by the date set out in the Confirmation or, if the Confirmation does not contain such a date, within thirty (30) days.

8.5 You undertake that all details you provide to us for the purpose of purchasing products which may be offered by us on our website will be correct, that the credit or debit card, or any electronic cash, which you use is your own and that there are sufficient funds or credit facilities to cover the cost of such products. We reserve the right to obtain validation of your credit or debit card details before providing you with any product.

8.6 If you change your mind after purchasing the software or wish to reject the product, please follow the licence rejection procedure outlined in the software licence terms and conditions


9. Trial software

9.1 The www.datarchive.co.uk (“facility”) has been written to incorporate Datpresenter (“software”) developed by Datpresenter Limited.

9.2 If you are granted a trial period to evaluate the software, your right to use the software is subject strictly upon the terms and conditions of the temporary software licence granted by the Company.

9.3 All copyright and other intellectual property rights in the whole and every part of the software belongs to Datpresenter Ltd. The software shall not be copied, reproduced, sold, licensed or transferred in whole or any part in any manner or form or in or on any media or otherwise exploited in any way without the prior written consent of the Company.

9.4 The software cannot be used by anyone other than you, and may only be used in accordance with the temporary software licence granted to you unless the Company has granted specific written consent otherwise


10. Liability

10.1 The Company, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any of the Company's group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website.

10.2 Nothing in this legal notice shall exclude or limit the Company's liability for:

  • (a) death or personal injury caused by negligence; or
  • (b) fraud; or
  • (c) misrepresentation as to a fundamental matter; or
  • (d) any liability which cannot be excluded or limited under applicable law.

10.3 If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.


11. Governing law and jurisdiction

This legal notice shall be governed by and construed in accordance with English law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the English courts.

Issue Date: 06/09/07