Website Terms of Use page

This website is owned and operated by Atelerix Limited (company number 10803595), whose registered office is at The Biosphere, Draymans Way, Newcastle Helix, Newcastle upon Tyne, NE4 5BX, UK. It provides information to our customers on the products and services that We offer, as well as the ability to purchase our Products online.

For the purposes of these Terms of Use: “Atelerix”®, “We”, “Our” and “Us” refers to Atelerix Limited and its affiliates; “You” and “Yours” refers to any person(s) accessing this website (including any person(s) who access(es) this website on behalf of someone else); “Our Website” means www.atelerix.com (including any underlying computer programs (e.g. APIs), domain names, URLs, databases, Our mobile app(s) and any webpage and/or data that passes through Our web domains); and “Content” includes any data, information or materials made available on any of Our Websites.

2. Use of Our Website

Please review these Terms of Use before using any of Our Websites or Content. Each use by You of Our Website or Content, either directly or through a third party, indicates that You agree to be legally bound by these Terms of Use and to use any of Our Websites or Content in accordance with them. In particular, You agree not to do any of the acts prohibited under the Prohibition on Use of Our Websites and Permitted Use of Content sections, and to indemnify Us against Your breach of these Terms of Use as set out in the Indemnification section.

If You do not agree to these Terms of Use, You may not, and agree not to, access or use any of Our Websites or Content.

We may change these Terms of Use at any time, and any such change will take effect as soon as the amended Terms of Use are posted on this website. Your use of any of our Websites or Content following any such change indicates Your acceptance of those revised terms (as set out above).

We cannot guarantee that Our Website or Content will always be available or that Your access to them will be uninterrupted. We may remove, suspend or change all or any part of any of Our Websites or Content at any time without notice.

3. Scope of These Terms of Use

These Terms of Use only apply to Your use of any of Our Website or Content and incorporate the following additional terms:

· Our Privacy Policy, which sets out how We process any personal data You supply to us, including when You use any of Our Website; and

· Our Cookie Policy, which provides information about the use of cookies on Our Website.

· Our Terms and Conditions of Sale will apply to any purchase You make of Our products on any of Our Website. If We enter into any other agreement with You in relation to Our products or services, those terms will also apply (as applicable).

If any provision of these Terms of Use is found to be or becomes invalid or unenforceable, then that provision shall apply with the minimum modifications necessary to make it valid, binding and enforceable (or, where that is not possible, that provision will be removed from these Terms of Use), in each case, without affecting the validity or enforceability of any other provision.

4. Prohibitions on Use of Our Website

Unless We agree otherwise, You must not (and must not engage a third party to):

· conduct any automated activities or manual process of Our Website (including, without limitation, the use of any automated system, software, algorithm, device, method, mechanism or tool (e.g. screen scrapers, bots, spiders or web crawlers)) to access, monitor, extract, collect, store, reorganise or summarise any Content (including, without limitation, Our product catalogue and prices), except: (i) for the sole purpose of search engine indexing; or (ii) where, and only to the extent, You have Our prior written agreement to do so;

· use Our Website or Content (including, without limitation, Our unique product identifiers) for any commercial purpose;

· reproduce, duplicate, copy or re-sell any part of Our Website in breach of these Terms of Use;

· decompile, disassemble or reverse engineer Our Website (or any part of any of them);

· access without authority, interfere or attempt to interfere with, damage or disrupt:

any part of Our Website;

any equipment or network on which Our Website is stored; or
any software used in connection with the provision of any of Our Website;

· use Our Website in any way that breaches any applicable local, national or international law or regulation, or that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

· use Our Website to send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use;

· use Our Website to disclose the confidential information of any person or entity, including, without limitation, Our confidential information;

· use Our Website to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (e.g. spam);

· use Our Website to knowingly transmit any data or send or upload any material that contains viruses, trojans, logic bombs, worms, time-bombs, keystroke loggers, spyware, adware or any other malicious or harmful programs or computer code designed to adversely affect the operation of any computer software, hardware or infrastructure; or

· attempt to interfere with the operation or functionality of, or gain unauthorised access to, Our Website, its underlying infrastructure or any connected hardware, including by knowingly introducing any virus, trojan, logic bomb or other harmful or malicious material. You also agree not to attack any of Our Website via a denial-of-service attack or a distributed denial-of service attack, or do anything else that is intended to impose an unreasonably large load on Our Website or their underlying infrastructure. By breaching this provision, You may commit a criminal offence under the Computer Misuse Act 1990. Where relevant, we will report any such breach to the relevant law enforcement and regulatory authorities and will co-operate with them, including by disclosing Your identity to them.

As set out in the Our Remedies for Breach section, We reserve the right to take such action as We consider appropriate, including issuing legal proceedings without further notice, in relation to any breach of these restrictions or any other unauthorised of Our Website or Content.

5. Accounts, Passwords and Security

Certain features or services offered on or through Our Website may require You to open an account (and set a password and other access information for that account). You are entirely responsible for maintaining the confidentiality of the information You hold for Your account (including Your password and other access information), and for any and all activities that occur under Your account as a result of Your failure to keep that information secure and confidential. You agree to notify Us immediately of any unauthorised use of Your account or access information, or any other breach of security. You may be held liable for losses incurred by Us or any other user of, or visitor to, Our Website due to any third party’s use of Your account as a result of Your failure to keep Your account information secure and confidential.

You may not use anyone else’s account or access information at any time without the express permission and consent of the relevant account holder.

We will not be liable for any loss or damage arising from Your failure to comply with these obligations.

6. Permitted Use of Content

You may not use anyone else’s account or access information at any time without the express permission and consent of the relevant account holder.

We will not be liable for any loss or damage arising from Your failure to comply with these obligations.

7. Limitation of Liability

Any Content on Our Website is provided ‘as is’ for general information only.

Although We make reasonable efforts to update the information on Our Websites, We make no representations or warranties, whether express or implied, that any Content is accurate, complete or up to date. If you spot any incorrect or out of date Content on any of Our Websites, please contact us.

We will not be liable for any losses or damages of any kind (including, without limitation, direct, indirect, special, punitive, exemplary, incidental or consequential damages) arising out of access to, or use of, Our Website or Content (or website or content that are linked to on Our Website), in each case, whether in contract, tort (including negligence) or otherwise.

Nothing in these Terms of Use shall exclude or limit Our liability for death or personal injury caused by negligence or for any fraud or fraudulent misrepresentation.

See our Terms and Conditions of Sale for our Return and Replacement Policy in the event a product does not perform in accordance with its datasheet.

8. Indemnification

You agree to indemnify Us on demand from any liability, loss, damage or expense (including reasonable legal fees) that We incur in connection with Your breach of these Terms of Use (including, without limitation, any breach by person(s) acting on Your behalf).

For clarity, this means You will be responsible for any loss or damage We suffer because of Your breach.

9. Intellectual Property

Our Website, including the layout, design (e.g. color scheme) and graphics, and any Content (including any data, information or material provided on this site by Us, or by third parties), may be subject to copyright, patents, trademarks, know-how, design rights, database rights and/or other unregistered or registered intellectual property rights that are owned by Us or Our licensors.

You may only use Our Website and any Content as permitted by these Terms of Use (or as We otherwise agree). Any use and/or activity not in accordance with these Terms of Use (or as We have otherwise agreed) is strictly prohibited, will constitute a breach of these Terms of Use and may infringe Our or Our licensors’ intellectual property rights.

10. Our Remedies for the Breach of these Terms of Use

If We consider that a breach of these Terms of Use has occurred or is likely to occur, We may take any such action as We deem appropriate, including (without prejudice to any of Our other rights):

immediately withdrawing (temporarily or permanently) Your right to use and/or denying You further access to Our Websites and/or Content, including, without limitation, by suspending Your account;

immediately removing (temporarily or permanently) any Contribution provided by You;

bringing legal proceedings against You; or

disclosing information relating to that breach to law enforcement and/or regulatory authorities, in each case, as We reasonably feel is necessary or as required by law.

11. Applicable Law and Jurisdiction

Your use of our Website or any Content and these Terms of Use, including any dispute arising out of any of them, their subject matter or their formation (including any non-contractual disputes or claims) shall be governed by and interpreted in accordance with English law. You agree to submit to the exclusive jurisdiction of the English courts.

Where these Terms of Use are translated into any language other than English, the English language version shall prevail in the event of any conflict.

You acknowledge that damages alone are unlikely to be an adequate remedy for any breach of these Terms of Use, and that We shall be entitled to receive an injunction, specific performance or any other equitable relief in connection with any actual or threatened breach.

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