Terms of use

Introduction

These terms of use govern your use of irithmics.com (“website”) which is provided by Findicate Limited (trading as Irithmics), a company registered in England and Wales (who will be referred to as the trading name “Irithmics” or “we”, “us”, or “our” in these terms); by using the website, you accept these terms of use in full. If you disagree with these terms of use or any part of these terms of use, you must not use the website.

If you are a registered user of the website or services available from or through the website, we will ask you to expressly agree to these terms of use as well as any additional terms applicable to the services for which you have registered.

Your use of our website is subject to our Privacy Policy. Our website uses cookies. By using the website, you consent to our use of cookies in accordance with the terms of our cookies policy.

Your use of the website

Unless otherwise stated, we or our licensors own the intellectual property rights in the website, the technology though which the website is delivered and material on the website. Subject to the licence below, all such intellectual property rights are reserved.

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

You must not:

  • republish material from the website (including republication on another website);
  • sell, rent or sub-license material from the website;
  • show any material from the website in public;
  • reproduce, duplicate, copy or otherwise exploit material on the website for any commercial purpose;
  • edit or otherwise modify any material on the website; or
  • redistribute material from the website except for content specifically and expressly made available for redistribution (such as our newsletter).

If you print off, copy or download any part of the website in breach of these terms of use, your right to use the website will cease immediately and you must, at our option, return or destroy all copies of the materials you have made.

You may access our RSS feeds. By accessing our RSS feeds you accept these terms of use. Subject to your acceptance of these terms of use, we grant to you a non-exclusive non-transferable non-sub-licensable licence to display our RSS feed in unmodified form on any non-commercial website owned and operated by you. It is a condition of this licence that you include a credit to us and hyperlink to our website on each web page where the RSS feed is published (in such form as we may specify from time to time, or if we do not specify any particular form, in a reasonable form and readily visible to and understood by users). We may revoke this licence at any time, with or without notice or explanation.

Information on our website

The content on the website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the website.

Although we make reasonable efforts to update the information on our the website, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

Acceptable use

You must not use the website in any way that causes, or may cause, damage to us, our reputation, the website or impairment of the availability or accessibility of the website; 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 our website 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 our website without our express written consent.

You must not use our website to transmit or send unsolicited commercial communications.
You must not use our website for any purposes related to marketing without our express written consent.

Restricted access

Access to certain areas of our website is restricted. Access to these restricted areas may have separate, additional terms of use associated with them which you will need to agree to before access to those areas is granted. We reserve the right to restrict access to other areas of our website, or indeed our whole website, at our discretion.

If we provide you with a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that that user ID and password is kept confidential.

You must notify us in writing immediately if you become aware of any unauthorised use of your account or password.

You are responsible for any activity on our website arising out of any failure to keep your user ID or password confidential, and may be held liable for any losses arising out of such a failure.

You must not use any other person’s user ID and password to access our website. We may disable your user ID and password in our sole discretion without notice or explanation.

User generated content

In these terms of use, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our website, for whatever purpose.

You grant to us a worldwide, irrevocable, perpetual, 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 to us the right to sub-license these rights, and the right to bring an action in our sole name for infringement of these rights.

You warrant and represent that your user content will comply with these terms of use.

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 us or a third party (in each case under any applicable law).

Your user content (and its publication on our website) must not:

  • be libellous or maliciously false;
  • be obscene or indecent;
  • infringe any copyright, moral right, database right, trade mark right, design right, right in goodwill, or other intellectual property right;
  • infringe any right of confidence, right of privacy, or right under data protection legislation;
  • constitute negligent advice or contain any negligent statement;
  • constitute an incitement to commit a crime;
  • be in contempt of any court, or in breach of any court order;
  • be in breach of racial or religious hatred or discrimination legislation;
  • be blasphemous;
  • be in breach of official secrets legislation;
  • be in breach of any contractual obligation owed to any person;
  • depict violence in an explicit, graphic or gratuitous manner;
  • incite or encourage any violence or unlawful acts;
  • be pornographic or sexually explicit;
  • be untrue, false, inaccurate or misleading;
  • consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
  • be offensive, deceptive, threatening, abusive, harassing, or menacing, hateful, discriminatory or inflammatory; or
  • cause annoyance, inconvenience or needless anxiety to any person.

Your user content must be appropriate, civil, tasteful and accord with generally accepted standards of etiquette and behaviour on the internet.

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
You must not attempt to gain unauthorised access to the website, the server on which the website is stored or any server, computer or database connected to the website.

We reserve the right to edit or remove your user content and any material submitted to the website, or stored on our servers, or hosted or published upon the website.

Notwithstanding our rights under these terms of use in relation to your user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, the website. Accordingly, we disclaim all liability arising from any material (including without limitation text, images, audio material, video material and audio-visual material) that other users submit to the website, for whatever purpose.

Limited warranties

You acknowledge that the website is provided “as is”, and to the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to the website, its content and the use of the website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

You acknowledge that information published on this website may have been submitted by other users, and that we do not usually review, approve or edit such information. We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.

Limitations and exclusions of liability

Nothing in these terms of use will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in these terms of use: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the terms of use and in relation to the subject matter of the terms of use, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

To the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature.

We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

We will not be liable to you in respect of any loss or reputation or business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

We will not be liable to you in respect of any loss or corruption of any data, database or software.

We will not be liable to you in respect of any special, indirect or consequential loss or damage.

We will not be liable to you in respect of any losses arising out of any acts or omissions of any hosting services provider or other third party services provider.

We do not commit to ensuring that the website will be available at any particular time. You accept that, from time to time the website or features of the website will be unavailable. Such unavailability may be the result of defects in the website software, scheduled or emergency maintenance procedures, failures of third party service providers or for any other reason.
We do not commit to ensure that the website, or feature of the website, will continue to be published in the future.

You accept that we have an interest in limiting the personal liability of our officers and employees. Having regard to that interest, you accept that we are a limited liability entity and agree that you will not bring any claim personally against individual officers or employees in respect of any losses you suffer in connection with the website or these terms of use. This will not, of course, limit or exclude the liability of the company itself, subject to the terms of this Section, for the acts and omissions of our officers and employees.

We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access the website. You should use your own virus protection software.

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 advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these terms of use.

Breaches of these terms of use

Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, or if we reasonably suspect that you have breached these terms of use in any way, we may:

  • send you one or more formal warnings;
  • temporarily suspend your access to the website;
  • permanently prohibit you from accessing the website;
  • block computers using your IP address from accessing the website;
  • contact your internet services provider and request that they block your access to the website;
  • bring court proceedings against you for breach of contract or otherwise;
  • suspend and/or delete your account with the website; and/or
  • delete and/or edit any or all of your user generated content.

Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

Third party websites and hyperlinks

Our website may include hyperlinks to other websites owned and operated by third parties. These links are not recommendations. We have no control over the contents of third party websites, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

Icons made by smartline, freepik and madebyoliver from www.flaticon.com is licensed by CC 3.0 BY.

Trade marks

Irithmics and our logo are trade marks belonging to us. We give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.

The other registered and unregistered trade marks or service marks on our website are the property of their respective owners. Unless stated otherwise, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

Variation

We may revise these terms of use from time-to-time. Revised terms of use will apply to the use of our website from the date of the publication of the revised terms of use on our website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

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

Severability

If a provision of these terms of use 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.

Exclusion of third party rights

These terms of use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.

Entire agreement

These terms of use, together with our privacy policy, cookies policy and any separately agreed term of use specific to particular restricted functions of the website, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms of use will be governed by and construed in accordance with English law, and any disputes relating to these terms of use will be subject to the exclusive jurisdiction of the courts of England and Wales.

Our company details

Irithmics is a trading name of Findicate Limited.
We are registered in England & Wales under registration number 07868666.
Our address is 4 Queen Street, Bath, United Kingdom, BA1 1HE.
You can contact us by email to info@irithmics.com.

Last updated: 1 March 2019

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