English DNA terms and conditions

Introduction

These terms and conditions govern your use of this software; by using this software, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this software.

License to use software

Unless otherwise stated, English DNA Ltd and/or its licencors own the intellectual property rights in the software.. Subject to the license below, all these intellectual property rights are reserved.

You must not:

  • republish any material incorporated in this software);
  • sell, rent or sub-license material used in the software;
  • reproduce, duplicate, copy or otherwise exploit material used by this software for a commercial purpose;
  • edit or otherwise modify any material used in the software; or
  • redistribute material used in this software.

Acceptable use

You must not use this software in any way that causes, or may cause, damage to the software or impairment of the availability or accessibility of the software; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

Restricted access

Use of this software is restricted. English DNA Ltd reserves the right to restrict access to the software at English DNA Ltd's discretion.

If English DNA Ltd provides you with a user ID and password to enable you to access the software or other content or services, you must ensure that the user ID and password are kept confidential.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this software, for your private study or for whatever other purpose.

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

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

English DNA Ltd reserves the right to edit or remove any user content stored on English DNA Ltd's servers, or hosted or published via this software.

Notwithstanding English DNA Ltd's rights under these terms and conditions in relation to user content, English DNA Ltd does not undertake to monitor the submission of such content.

No warranties

This software is provided “as is” without any representations or warranties, express or implied. English DNA Ltd makes no representations or warranties in relation to this software or the information and materials provided via this software.

Without prejudice to the generality of the foregoing paragraph, English DNA Ltd does not warrant that:

this software will be constantly available, or available at all; or the information on this software is complete, true, accurate or non-misleading.

Nothing on this software constitutes, or is meant to constitute, advice of any kind.

Limitations of liability

English DNA Ltd will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this software 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 English DNA Ltd has been expressly advised of the potential loss.

Exceptions

Nothing in this software disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this software disclaimer will exclude or limit English DNA Ltd's liability in respect of any:

  • death or personal injury caused by English DNA Ltd's negligence;
  • fraud or fraudulent misrepresentation on the part of English DNA Ltd; or
  • matter which it would be illegal or unlawful for English DNA Ltd to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

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

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

Other parties

You agree that the limitations of warranties and liability set out in this software disclaimer will protect English DNA Ltd's officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as English DNA Ltd.

Unenforceable provisions

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

Indemnity

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

Breaches of these terms and conditions

Without prejudice to English DNA Ltd's other rights under these terms and conditions, if you breach these terms and conditions in any way, English DNA Ltd may take such action as English DNA Ltd deems appropriate to deal with the breach, including suspending your access to the software, prohibiting you from accessing the software, blocking computers using your IP address from accessing the software and/or bringing court proceedings against you.

Variation

English DNA Ltd may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this software from the date of the publication of the revised terms and conditions on this software. Please check this page regularly to ensure you are familiar with the current version.

Assignment

English DNA Ltd may transfer, sub-contract or otherwise deal with English DNA Ltd's rights and/or obligations under these terms and conditions 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 and conditions.

Severability

If a provision of these terms and conditions 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 and conditions constitute the entire agreement between you and English DNA Ltd in relation to your use of this software, and supersede all previous agreements in respect of your use of this software.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with New Zealand law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of New Zealand.

English DNA Ltd's details

English DNA Ltd's postal address is: 14 Paddington Grove, Karori, Wellington, New Zealand, 6012.

You can contact English DNA Ltd by emailing: roger.lam@english-dna.com.


Credit

This document was created using a Contractology template available at http://www.freenetlaw.com.