Terms and Conditions
1 About our terms and conditions
1.1 These terms of use explain how you may use this website (the Site).
1.2 References in these terms to the Site include the following websites: www.cerevet.com and all associated web pages.
1.3 You should read these terms and conditions carefully before using the Site.
1.4 By accessing or using this Site or otherwise indicating your consent, you agree to be bound by these terms and conditions and the documents referred to in them.
1.5 If you do not agree with or accept any of these terms, you should stop using the Site immediately.
1.6 If you have any questions about the Site, please contact webadmin@cerevet.com.
1.7 Definitions
'Content'
means any text, images, video, audio or other multimedia content, software,
database and all information contained therein or other information or material
submitted to or on the Site;
'Unwanted
Submission'
has the meaning given to it in clause 5.1;
'Website
cookie policy'
means the policy which governs how we use cookies in the Site;
'Website
privacy policy'
means the policy which governs how we process any personal data collected from
you;
'We, us
or our'
means Cerevet Limited company registration number 09003058 and whose registered
office is at 46-54 High Street, Ingatestone, Essex, CM4 9DW. References to us
in these terms also includes our group companies from time to time
'You or
your'
means the person accessing or using the Site or its Content.
1.8 Your use of the Site means that you must also comply with, our Privacy policy and our Cookie policy.
2 Using the Site
2.1 The Site is for your use only.
2.2 You agree that you are solely responsible for:
2.2.1 all costs and expenses you may incur in relation to your use of the Site; and
2.2.2 keeping your password and other account details confidential.
2.3 If you access the Site from locations outside the UK, you are responsible for compliance with local laws where they are applicable.
2.4 We seek to make the Site as accessible as possible. If you have any difficulties using the Site, please contact us at info@cerevet.com.
2.5 We may prevent or suspend your access to the Site if you do not comply with any part of these Website terms and conditions, any terms or policies to which they refer or any applicable law.
3 Ownership, use and intellectual property rights
3.1 This Site and all intellectual property rights in it including but not limited to any Content are owned by us or by other rights holders. Intellectual property rights means rights such as: copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We reserve all of our rights in any intellectual property in connection with these terms and conditions. This means, for example, that we remain owners of them and free to use them as we see fit.
3.2 Nothing in these terms and conditions grants you any legal rights in the Site other than as necessary to enable you to access the Site. You agree not to adjust, to try to circumvent or delete any notices contained on the Site (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Site.
4 Submitting information to the Site
4.1 While we try to make sure that the Site is secure, we cannot guarantee the security of any information that you supply to us and therefore we cannot guarantee that it will be kept confidential. For that reason, you should not let us have any patentable ideas or patent applications, information on regulatory submissions, advertising or marketing suggestions, prototypes, or any other information that you regard as confidential, commercially sensitive or valuable (Unwanted Submissions). While we value your feedback, you agree not to submit any Unwanted Submissions.
4.2 We may use any Unwanted Submissions as we see reasonably fit on a free-of-charge basis (bear in mind that we have no way of knowing whether such information is confidential, commercially sensitive or valuable because we do not monitor the Site to check for these matters). Therefore, we will not be legally responsible for keeping any Unwanted Submissions confidential nor will we be legally responsible to you or anybody else for any use of such Unwanted Submissions.
5 Accuracy of information and availability of the Site
5.1 While we try to make sure that the Site is accurate, up-to-date and free from bugs, we cannot promise that it will be. Furthermore, we cannot promise that the Site will be fit or suitable for any purpose. Any reliance that you may place on the information on this Site is at your own risk.
5.2 We may suspend or terminate operation of the Site at any time as we see fit.
5.3 Any Content is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites that may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.
5.4 While we try to make sure that the Site is available for your use, we do not promise that the Site is available at all times nor do we promise the uninterrupted use by you of the Site.
6 Hyperlinks and third party sites
6.1 The Site may contain hyperlinks or references to third party websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not mean that we endorse that third party's website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.
7 Limitation on our liability
7.1 Except for:
7.1.1 death or personal injury caused by our negligent acts or omissions (or those of any of our employees or agents);
7.1.2 fraud or fraudulent misrepresentation;
7.1.3 breach of any of the provisions implied into these terms and conditions under the Sale of Goods Act 1979 (or any other law); we will only be liable for any loss or damage that is a reasonably foreseeable consequence of a breach of these terms and conditions. Losses are foreseeable where they could be contemplated by you and us at the time these terms and conditions are entered into. We are not responsible for indirect losses that happen as a side effect of the main loss or damage and which are not foreseeable by you and us (such as loss of profits or loss of opportunity).
7.2 We make every effort to ensure that content available on this website is free from viruses. We suggest that you run an anti-virus programme on all material downloaded from the internet. We do not accept any responsibility for any losses, disruption or damage to your data or your computer or any other equipment or systems that may occur while using material derived from this website.
8 Events beyond our control
8.1 We shall have no liability to you for any breach of these terms caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.
9 Rights of third parties
9.1 No one other than a party to these terms and conditions has any right to enforce any of these terms and conditions.
10 Variation
10.1 These terms are dated 28 February 2015. No changes to these terms are valid or have any effect unless agreed by us in writing. We reserve the right to vary these terms and conditions from time to time. Our new terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these terms and conditions from time to time to verify such variations.
11 Disputes
11.1 In the event of a dispute arising out of or relating to these terms including any question regarding its existence, validity or termination, the parties shall first seek settlement of that dispute by negotiation between the parties. Either party may serve a dispute notice on the other. Within 5 days of the date of service of that dispute notice, each party will nominate [a director] to meet to discuss the dispute and explore settlement. That meeting will take place within 20 days of the dispute notice.
11.2 If the dispute is not resolved within 10 days of the negotiation meeting, the parties shall seek settlement of the dispute by mediation in accordance with the LCIA Mediation Rules, which rules are deemed to be incorporated by reference into this clause.
11.3 If the dispute is not settled by mediation within 20 days of the appointment of the mediator, or such further period as the parties shall agree in writing, the dispute shall be referred to and finally resolved by arbitration under the LCIA Rules, which rules are deemed to be incorporated by reference into this clause.
11.4 Relevant UK law will apply to these Terms.
12 Trial Subscriptions
12.1 Access to the CEREVET database and contents including reports, search and download facilities may be granted for a limited defined period on a trial subscription basis (free or charged) in order for You to assess the CEREVET database and contents including reports, search and download facilities (the Service) with a view to possible future purchase of access to the Service. Such access is subject to the following additional conditions and undertakings:
12.2 The User (You) undertakes in favour of the Provider as follows:12.21 to only use the Service during the trial period for the purpose of assessing the Service with a view to possible future purchase of access to the Service and for no other purpose;
12.22 not to copy, duplicate or in any way reproduce any information on the Website or Database or any other manuals or documents provided by Us in connection with the Service, nor knowingly to permit the same, without Our prior written consent;
12.23 not, without Our prior written consent, to disclose or disseminate any information on the Website or Database or any other downloads, extracts, manuals and documents provided by Us in connection with the Service nor make them available in any way to any third party other than employees of your company for the sole purpose of assessing the Service;
12.24 to effect and maintain reasonable security measures to safeguard the Website, the Software, the Database and any other operating manuals and documents provided by Us under these terms and conditions from access or use by any third party or any other unauthorised person;
12.25 to notify Us promptly of any unauthorised disclosure, use or copying of or any other operating manuals and documents provided by Us in connection with the Service, of which You have notice;
12.26 not to resell, re-market or otherwise distribute any portion of the Service or offer the Service to others unless specifically permitted in writing by Us;