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Terms of Use

Acceptance of terms 

Welcome to Exarta (“we, our, us”). These Terms of Use (“Terms”) govern your access to and use of our website (“Site”). By accessing or using our Site, you do not agree to comply with and be bound by these Terms. If you do not agree with the Terms, please do not use our Site.  

User eligibility  

By using our Site, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into this agreement. If you are accessing our Site on behalf of a company or other entity, you represent that you have the authority to bind that entity to these Terms.  

Changes to terms 

We may update these Terms from time to time without notice. The “Last updated” date at the top of this page indicates when the Terms were last revised. Your continued use of our Site after any changes to these Terms constitutes acceptance of those changes. 

Licence to use website

Unless otherwise stated, Exarta Limited and/or its licensors own the intellectual property rights in the Site and material on the Site. Subject to the licence below, all these intellectual property rights are reserved.  

You may view, download for caching purposes only, and print pages from the Site for your own personal use, subject to the restrictions set out below and elsewhere in these Terms.  

You must not: 

  • Republish material from this Site (including republication on another website); 
  • Sell, rent or sub-license material from the Site; 
  • Show any material from the Site in public; 
  • Reproduce, duplicate, copy or otherwise exploit material on this Site for a commercial purpose; 
  • Edit or otherwise modify any material on the Site; or 
  • Redistribute material from this Site except for content specifically and expressly made available for redistribution. 

Where content is specifically made available for redistribution, it may only be redistributed within your organisation.  

Acceptable use 

You must not use this Site in any way that causes, or may cause, damage to the Site or impairment of the availability or accessibility of the Site; 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 Site 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 Site without our expressed written consent. 

You must not use this Site to transmit or send unsolicited commercial communications. 

You must not use this Site for any purposes related to marketing without our express written consent. 

Restricted access 

Access to certain areas of this Site is restricted. We reserve the right to restrict access to areas of this Site, or indeed this entire Site, at our discretion. 

If we provide you with a user ID and password to enable you to access restricted areas of this Site or other content or services, you must ensure that the user ID and password are kept confidential. 

We may disable your user ID and password at our sole discretion without notice or explanation. 

User content

In these Terms, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this Site for whatever purpose. 

You grant us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate, and distribute your user content in any existing or future media. You also grant us the right to sub-license these rights and the right to bring an action for infringement of these rights. 

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, including intellectual property rights, and must not be capable of giving rise to legal action, whether against you or us, or a third party (in each case under any applicable law). 

You must not submit any user content to the Site that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. 

We reserve the right to edit or remove any material submitted to this Site, or stored on our servers, or hosted or published on this Site. 

Notwithstanding our rights under these Terms in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, this Site. 

No warranties 

This Site is provided “as is” without any representations or warranties, express or implied. We make no representations or warranties in relation to this Site or the information and materials provided on this Site.  

Without prejudice to the generality of the foregoing paragraph, we do not warrant that: 

  • This Site will be constantly available, or available at all; or 
  • The information on this Site is complete, true, accurate or non-misleading. 

Nothing on this Site constitutes or is meant to advise 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

We will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this Site: 

  • To the extent that the Site is provided free-of-charge, for any direct loss; 
  • 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 we have been expressly advised of the potential loss. 

Exceptions

Nothing on this Site disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit, and nothing in this Site disclaimer will exclude or limit our liability in respect of any: 

  • Death or personal injury caused by our negligence; 
  • Fraud or fraudulent misrepresentation on our part; or  
  • Matter in which it would be illegal or unlawful for us to exclude or limit, or to attempt or purport to exclude or limit, our liability. 

Governing law 

These Terms are governed by and construed in accordance with the laws of the Isle of Man. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts in the Isle of Man.  

Termination

We reserve the right to terminate or suspend your access to our website at our discretion, without notice, for any reason, including for violating these Terms.  

Reasonableness  

By using this Site, you agree that the exclusions and limitations of liability set out in this Site disclaimer are reasonable. 

If you do not think they are reasonable, you must not use this Site. 

Other parties  

You accept that, as a limited liability entity, we have an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with this Site. 

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this disclaimer will protect our officers, employees, agents, subsidiaries, successors, assigns and sub-contractors, as well as Exarta Limited as an entity. 

 

Unenforceable provisions 

If any provision of this Site disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this Site disclaimer.  

Indemnity  

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisors) incurred or suffered by us arising out of any breach by you of any provision of these Terms or arising out of any claim that you have breached any provision of these Terms. 

Breaches of these Terms 

Without prejudice to Exarta Limited’s other rights under these terms if you breach these terms in any way, we may take such action as we deem appropriate to deal with the breach, including:

  • Temporarily or permanently suspending your access to the Site.
  • Taking legal action against you, including but not limited to seeking injunctive relief or damages.
  • Reporting your breach to relevant authorities.
  • Disclosing your information to third parties, including but not limited to law enforcement agencies.
  • Removing any content you have submitted to the Site.
  • Terminating your account and any contracts you have with us.

In addition, you may be liable for any loss or damage we suffer as a result of your breach of these terms. 

Assignment 

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms 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. 

Severability 

If a provision of these Terms 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 constitute the entire agreement between you and us in relation to your use of this Site and supersede all previous agreements in respect of your use of this Site. 

Cross-border data transfers 

Information that we collect may be stored and processed in and transferred between any of the countries in which we operate to enable the use of the information in accordance with these Terms.  

In addition, personal information that you submit for publication on the Site will be published on the internet and may be available around the world. 

Your use of this Site acts as your consent to such cross-border transfers of personal information. 

Other websites 

This Site contains links to other websites. 

We are not responsible for the privacy policies, terms of use and terms and conditions of any third party. 

Contact us 

If you have any questions about these Terms, please contact us by emailing support@exarta.com