Terms and conditions
(last modified: 16 September 2004)
These terms and conditions, (last revised 16 September 2004) together with our privacy policy govern your use of the Detica Limited website and by accessing this website you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions, you may not use or access this website. If there is anything you do not understand please e-mail us at info@Detica.com
Definitions"Conditions" means these terms and conditions; "Information" means ideas, suggestions, comments, reviews, concepts and graphics supplied to us by you; "Site" means the website located at www.Detica.com or any subsequent URL which may replace it; "Users" means the users of the Site collectively; "We/us/our" means Detica Limited, a company registered in England and Wales under company number 1337451 whose registered office is at Surrey Research park, Guildford, Surrey, GU2 7YP; and "You/your" means a user of the Site.
Access
Your access to the Site shall be governed by these Conditions. We reserve the right to: (i) modify or withdraw, temporarily or permanently, the Site (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Site; and/or (ii) change these Conditions from time to time, and your continued use of the Site (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Site; and/or (iii) monitor any activity and content associated with the Site. We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, removing your Information, issuing warnings, suspending or terminating service, attaching conditions to, suspending or terminating access and/or removing any materials on the Site). We will use our reasonable endeavours to maintain the Site. The Site is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Site or because of a failure, suspension or withdrawal of all or part of the Site.
Unless we agree otherwise in writing, you are provided with access to this web site only for you personal use. You are authorised to print a copy of any information contained on this web site for your personal use unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission, sell any information obtained from this web site.
Intellectual Property Rights
The copyright in material on the Site is owned by or licensed to us and protected by the copyright laws of England, international copyright treaties and all other applicable copyright and intellectual property laws. You are authorised to download one copy of the material on the Site on one computer for your personal, non-commercial use only but you may not in so doing remove or amend any trademark, copyright or other proprietary notice. You may not copy or republish any such information in any other manner without our prior written consent. You may not remove any product identification, copyright notices or legends or other notices or proprietary restrictions from any of the material or information contained on pages of the Site. Any unauthorised downloading, re-transmission or other copying or modification of any of the contents of the Site may be in breach of statutory or common law rights which could be the subject of legal action.
DETICA is a registered trade mark. In addition, certain words, phrases, logos, icons, graphics or designs used on the pages of the Site, including "customer experience re-engineering" may constitute our trade names or unregistered trademarks. The display of any of the above trade names or trade marks on pages of the Site does not imply that any licence has been granted. All other product or company names, devices, logos, icons, graphics or designs referred to on the pages of the Site are or may be trade marks of the respective owners and are exhibited in good faith and in such a manner as intended to be for the benefit of such trademark owners and we intend no infringement of such trade marks. The appearance or absence of products, services, companies, organisations, home pages or other websites on the Site does not imply any endorsement or non-endorsement thereof by us.
All rights not expressly granted herein are reserved by us.
Your Obligations
You agree:(i) not to use the Site (or any part thereof) for any illegal purpose and agree to use it in accordance with all relevant laws; (ii) not to upload or transmit through the Site any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer; (iii) not to upload or transmit through the Site any material which is defamatory, offensive, or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety; (iv) not to use the Site in a way that may cause the Site to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Site is in any way impaired; (v) not to use the Site in any manner which violates or infringes the rights of any person, firm or company (including, but not limited to, rights of intellectual property, rights of confidentiality or rights of privacy); (vi) not to attempt any unauthorised access to any part or component of the Website; and agree that in the event that you have any right, claim or action against any other User arising out of that User's use of the Site, then you will pursue such right, claim or action independently of, and without recourse to us.
Indemnity
You agree to be fully responsible for, and indemnify us against all claims, liability, damages, losses, costs and expenses, (including legal fees), suffered by us and arising out of any breach of the Conditions by you (including in relation to any Information submitted by you) or any other liabilities arising out of your use of the Site, or the use by any other person accessing the Site using your internet account.
Submission Of Information
The Site includes provision for the submission of Information to us. We will not be subject to any obligation of confidentiality in respect of any Information so submitted whether or not such Information is specifically stated to be confidential or is otherwise of a secret nature. By submitting Information to this Site, you grant to us a non-exclusive, royalty free, perpetual, irrevocable and fully sub-licensable right to use, copy, modify, reproduce, adapt, publish, translate, create derivative works from, distribute and display such Information throughout the world and in any medium and to the extent permitted by law, you waive all moral rights in same. The foregoing grant shall include the right to exploit any intellectual property or other proprietary rights in such Information including, without limitation, copyright, trademark, patent or other such laws under any relevant jurisdiction.
You warrant and represent that the submission of Information to the Site by you will not infringe or be a violation of the rights of any third party anywhere in the world and that the Information shall be proper and related to the particular forum.
Without prejudice to the generality of the foregoing, you further warrant and represent that you will not, by submitting Information: (i) defame, abuse, threaten, harass, or otherwise infringe the legal rights of any other person (including any rights of privacy or confidentiality) and that any such Information will not be unlawful, profane, tortious, obscene, hateful or racially, ethnically or otherwise offensive or objectionable; (ii) impersonate any person or entity, including, without limitation, any employee, associate, principal or director of Detica Limited, nor misrepresent or falsely state your affiliation with any person or entity; (iii) infringe any copyright, trademark, trade secret, copyright, patent or other intellectual property or proprietary right of any kind wherever in the world; (iv) offer to sell, advertise, promote or solicit any goods or services for any commercial purpose, or otherwise engage in any commercial activity; (v) conduct or forward any survey, census, contest, or promote any pyramid schemes or chain letters; (vi) falsify or delete any author attributions, or otherwise remove any proper legal or proprietary notices or designations in any material that is submitted; (vii) promote or provide instructional information of whatever nature about illegal activities or promote physical harm or injury to any person or thing; (viii) upload files that contain software or other material protected by intellectual property laws (or by rights of confidentiality or privacy of publicity, where applicable) unless you own or control the rights thereto or have received all necessary consents; (ix) upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of our or another's computer; (x) upload files which contain an active hypertext link to another web site;
We reserve the right at all times, and in our absolute discretion, to monitor and inspect Information and remove, without any liability on our part, and without notice, any Information, in whole or in part, or to decline, withdraw or terminate your access to the Site. Our disclaimer will nevertheless survive such termination.
Links And Framing
By virtue of hypertext or other computer links you may be able to access other websites which are not part of the Site. We are not responsible for, nor assume any liability for, the contents of other websites or home pages which are linked to the Site. The provision of a link to another website does not constitute any authorisation by us to you to access materials held at that location, nor is it evidence of any endorsement by us of the material held there, nor that we have any association with the linked web site. We are not responsible for the legal consequences of your entering into any contracts with the third parties that have these linked web sites and we do not accept any liability for any loss, damage, expense, costs or liability whatsoever incurred by you as a result.
You may not link to any page of this site besides the home page(www.Detica.com) or frame the web site or any part of it without our express permission.
Personal Information
We respect your personal information and undertake to comply with applicable UK Data Protection legislation from time to time in place. You should be aware that our use of your personal information is subject to our Privacy Statement. Please click to view our
Privacy Statement, which forms part of these conditions.Warranty Exclusion
Warranty Exclusion: The information, materials and functions contained in the Site including text, graphics, links, information or other items are provided on an "as is" and "as available" basis. To the fullest extent permitted by applicable law we exclude all warranties, representations or understandings whatsoever, express or implied, specifically including but not limited to warranties of satisfactory quality, merchantability, fitness for a particular purpose, freedom from computer viruses, and non-infringement of third parties' rights. Whilst we make every effort to ensure that the information contained on this web site is accurate, we cannot ultimately warrant the accuracy, adequacy or completeness of the information and cannot be held liable for any use or reliance you make of or put on it. In particular, the information contained on this website does not constitute an offer to sell any shares or securitites and must not be relied upon in conjunction with any investment decision.
We reserve the right at any time and without notice to change, amend or otherwise vary these terms and conditions and pages of the Site. Any change in these terms and conditions will become effective once reflected in the text of these terms and conditions and published on this web page. You should check the terms and conditions periodically to ensure that you are aware of and are complying with the current version.
Exclusion of Liability: The information, materials and functions contained in the Site are provided in good faith and for your information and guidance only. Detica Limited shall not be liable in contract, tort (including, without limitation, negligence) or otherwise for any direct or indirect, special, incidental or consequential loss or damage whatsoever nor for any loss of profits, revenue, contracts, data, goodwill, or for work stoppage or computer failure resulting from your use of, or inability to use, this Site. Detica Limited excludes any liability for any errors in, or omissions from, information, materials and functions included in this Site save to the extent that such liability may not be lawfully excluded under the applicable law.
We will not be liable for any loss, damage, expense, costs, delay or other liability whatsoever (including without limitation any financial losses such as loss of profit) which you may incur as a result of any event beyond our reasonable control (including without limitation any failure of transmission, communication, computer or other facilities or your inability to access the web site for any reason or any failure, error or delay in the sending or receiving of any notice or communication or instruction through the post or any electronic medium).
Notwithstanding the above, nothing herein shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees. Where you deal as a consumer, nothing in the above exclusions affects your statutory rights.
Severance
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
Waiver
No waiver by us shall be construed as a waiver of any preceding or succeeding breach of any provision.
Survival
Each provision of these Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
Entire Agreement:
These conditions (as amended from time to time) contain the entire agreement between you and us and supersede any previous conditions, arrangements, undertakings or proposals whether oral or written. You confirm that, in agreeing to accept these Conditions, you have not relied on any representation save insofar as the same has expressly been made a representation in these Conditions. Notwithstanding the above, nothing in this clause, nor in these Conditions shall operate to exclude or limit any liability for any fraudulent misrepresentations.
Governing Law And Disputes
You irrevocably agree that the courts of England shall have exclusive jurisdiction to resolve any controversy or claim of whatever nature arising out of or relating to the Site, and that the laws of England shall govern such controversy or claim save that we reserve the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions. You are responsible for compliance with any applicable laws of the country from which you are accessing this Site. We operate the Site from England and we make no representation that the information contained herein is appropriate or available for use outside England.
Procedure For Making Claims Of Copyright Infringement Or Defamation
If you believe that there has been any breach of your copyright or that you have been subject to a defamatory statement, please notify us straight away at the address below, providing us with: (i) written and verifiable confirmation that you are, or are authorised to act for or on behalf of, the owner of the copyright interest or the person who alleges the defamation; (ii) the nature of the offending material including the location of it on the Site; (iii) your full name, telephone number and address including any email address; (iv) a statement by you that the claim being made is accurate and true to the best of your knowledge, information and belief. Claim notifications should be sent to by email to info@Detica.com or to:
Group Legal Counsel
Detica Limited
Surrey Research Park,
Guildford, Surrey GU2 7YP,
UK
Tel: +44 (0) 1483 816000
Fax: +44 (0) 1483 816144
e-mail:
Miscellaneous
If you have any questions concerning these Terms and Conditions please write to Detica Limited at the e-mail address specified above. All rights not expressly granted in these Terms and Conditions are expressly reserved by Detica Limited.