The Platform has been provided to the individual or organisation (in either case the “Customer”) entering in an agreement (“Agreement”) for the provision of the Platform from either Intelligent Ultrasound or one of its authorised resellers.
Intelligent Ultrasound or its subsidiaries, affiliates, licensors and suppliers own all intellectual property rights (being all patents, trademarks, trade names, service marks, copyright, moral rights, design, rights in databases, inventions, trade secrets and other confidential information, know-how, business names and all other intellectual property rights of a similar nature in any part of the world, whether registered, registrable or not and including all applications and the right to apply for any of the foregoing rights and the right to sue for past infringements of any of the foregoing rights) in the Platform and the accompanying documentation (“Documents).
Except as expressly stated herein, these Terms do not grant to you any rights to, or in, patents, copyright, database right, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights or licences in respect of the Platform and the Documents and Intelligent Ultrasound reserves all other rights in the Platform and the Documents.
BY ACCESSING AND USING THE PLATFORM AND THE DOCUMENTS YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU MUST NOT ACCESS OR USE THE PLATFORM AND THE DOCUMENTS.
We amend these Terms from time to time. Every time you wish to use the Platform, please check these Terms to ensure you understand the terms that apply at that time.
For further information, please contact:
Intelligent Ultrasound Limited
114-116 St Mary Street
Telephone: +44 (29) 2075 6534
2. other documents
You must also comply with the terms of our security policy.
3. User account
3.1 You are responsible for keeping your user account information confidential (including username and password) and for what occurs under your user account as a result of your failing to keep this information secured and confidential.
3.2 You agree to immediately notify Intelligent Ultrasound of any unauthorized use of your user account.
3.3 You acknowledge that Intelligent Ultrasound cannot and will not be liable for any loss or damage arising from your failure to comply with the obligations in this clause.
4. Restrictions on use
4.1 The Platform may not be used by persons under 18 years of age.
4.2 You agree to use the Platform only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of the Platform.
4.3 You may not use the Platform:
3.2.1 in any way that breaches any applicable local, national or international law or regulation;
3.2.2 any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
3.2.3 for the purpose of harming or attempting to harm minors in any way;
3.2.4 to bully, insult, intimidate or humiliate any person;
3.2.5 to send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms;
3.2.6 to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
3.2.7 to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
4.3 You also agree:
3.3.2 not to access without authority, interfere with, damage or disrupt any part of the Platform, any equipment or network on which the Platform is stored, any software used in the provision of the Platform or any equipment or network or software owned or used by any third party;
3.3.3 not to probe, scan or test the vulnerability of the Platform or any network connected to it, nor breach the security or authentication measures on the Platform or any network connected to it; and
3.3.4 not to interfere by any automatic or manual device, program, algorithm or methodology with the proper working of the Platform or with any other person’s use of the Platform.
5. Breach of terms
When we consider that a breach of these Terms has occurred, we may take such action as we deem appropriate. This may result in our taking all or any of the following actions:
5.1 immediate, temporary or permanent withdrawal of your right to use the Platform;
5.2 issue of a warning to you;
5.3 legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
5.4 further legal action against you; and/or
5.5 disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
We exclude our liability for all action we may take in response to breaches of these Terms. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
6.1 We are committed to providing a Platform that is accessible to the widest possible audience, regardless of technology or ability. We are actively working to increase the accessibility and usability of the Platform and in doing so adhere to many of the available standards and guidelines.
6.2 The Platform endeavours to conform to level Double-A of the World Wide Web Consortium (W3C) Web Content Accessibility Guidelines 2.0. These guidelines explain how to make web content more accessible for people with disabilities. Conformance with these guidelines will help make the web more user friendly for all people.
6.3 The Platform has been built using code compliant with W3C standards for HTML and CSS. The Platform displays correctly in current browsers and using standards-compliant HTML/CSS code means any future browsers will also display it correctly.
6.4 While we strive to adhere to the accepted guidelines and standards for accessibility and usability, it is not always possible to do so in all areas of the Platform.
6.5 We continually seek solutions that will bring all areas of the Platform up to the same overall level of web accessibility. In the meantime, should you experience any difficulty in accessing the Platform, please contact firstname.lastname@example.org.
7. Disclaimer of warranties and limitation of liability
7.1 While Intelligent Ultrasound endeavours to keep the content on the Platform up to date and accurate, its content and any reliance you place on such content is strictly at your own risk.
7.2 The Platform is provided on an “as is” and “as available” basis without any warranties or representations as to the completeness, security, reliability, quality, accuracy, suitability or availability of the Platform.
7.3 Every effort is made to keep the Platform up and running smoothly. However, Intelligent Ultrasound takes no responsibility for, and will not be liable for, the Platform being temporarily unavailable due to technical issues beyond our control.
7.4 Intelligent Ultrasound does not warrant or represent that the Platform, its content or any services obtained through it will be accurate, reliable, error-free or interrupted, that defects will be corrected, that the Platform or the server which makes it available are free from viruses or other harmful components or that the Platform, its content or any services obtained through it will otherwise meet your needs or expectations.
7.5 Intelligent Ultrasound makes no warranties, express or implied, in fact or in law, including, but not limited to, any implied warranties of merchantability, satisfactory quality or fitness for a particular purpose in relation to the Platform and the Documents other than as set forth in these Terms.
7.6 Intelligent Ultrasound shall not in any circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms for:
5.3.1 loss of profits, sales, business, or revenue;
5.3.2 business interruption;
5.3.3 loss of anticipated savings;
5.3.4 loss or corruption of data or information;
5.3.5 loss of business opportunity, goodwill or reputation; or
5.3.6 any special, indirect or consequential loss, damage, charges or expenses.
7.7 Where the Customer has entered into the Agreement with Intelligent Ultrasound, Intelligent Ultrasound’s maximum aggregate liability under or in connection with the Agreement and these Terms whether in contract, tort (including negligence) or otherwise, shall in all circumstances be subject to the limits of liability set out in the Agreement.
7.8 Where the Customer has entered into the Agreement with Intelligent Ultrasound’s authorised reseller, Intelligent Ultrasound shall have no liability under these Terms save as expressly set out in these Terms.
7.9 Nothing in these Terms shall limit or exclude Intelligent Ultrasound’s liability for death or personal injury resulting from its negligence, fraud or fraudulent misrepresentation or any other liability that cannot be excluded or limited by English law.
7.10 Except as expressly stated in these Terms, there are no conditions, warranties, representations or other terms, express or implied, that are binding on Intelligent Ultrasound. Any condition, warranty, representation or other term concerning the supply of the Platform and Documents which might otherwise be implied into, or incorporated in, these Terms, whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.
8. Governing law and jurisdiction
8.1 TheseTerms and any disputes of claims arising out of or in connection with it or its subject matter and its formation (including non-contractual disputes or claims) are governed by, and construed in accordance with, the laws of England and Wales.
8.2 You and Intelligent Ultrasound both agree that the courts of England and Wales will have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms. (including non-contractual disputes or claims).
If any provision of these Terms shall be held to be invalid or unenforceable, the remainder of these Terms shall remain in full force and effect. To the extent that any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and in effect to the maximum extent permitted by such applicable laws.
If Intelligent Ultrasound fails to insist that you perform any of your obligations under these Terms, or if Intelligent Ultrasound does not enforce its rights against you, or if Intelligent Ultrasound delays in doing so, that will not mean that Intelligent Ultrasound has waived it rights against you and will not mean that you do not have to comply with those obligations. If Intelligent Ultrasound does waive a default by you, it will only do so in writing, and that will not mean that Intelligent Ultrasound will automatically waive any later default by you.
11. Third party rights
These Terms does not confer any rights on any person or part (other than you and Intelligent Ultrasound and, where applicable, any successors and permitted assigns of you or Intelligent Ultrasound) pursuant to the Contracts (Rights of Third Parties) Act 1999.
12. Entire agreement
12.1 These Terms, and any documents referred to in them, constitute the entire agreement between you and Intelligent Ultrasound for the use of the Platform and the Documents and completely replace and supersede any prior agreement between you and Intelligent Ultrasound in relation to the same.
12.2 Both you and Intelligent Ultrasound acknowledge and agree that in entering into these Terms there has been no reliance on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to these Terms or not) relating to the subject matter of these Terms, other than expressly set out in these Terms.