‘We, us, our or Agilio’ means Agilio Software, which is the registered trademark of Agilio Software BidCo Limited, registered at Elm Tree House, Bodmin Street, Holsworthy, Devon, EX22 6BB, Company number 12242288 and VAT number 344765282. The group incorporates Isopharm Limited, registered at 79 Leigh Street, Sheffield, S9 2PR, Company number 03843619 and VAT number 737943788 and CODEplan Limited, registered at Elm Tree House, Bodmin Street, Holsworthy, Devon, EX22 6BB, Company number 03927086 and VAT number 865046024.
‘You or your’ means the person accessing or using the Site or its Content.
1.9 The Terms and conditions of supply contain additional provisions relating to the use of the Site and the additional Content provided as part of the relevant services. To the extent inconsistent with these terms, the Terms and conditions of supply shall take precedence.
2 Using the Site
2.1 We permit you to use the Site only for personal purposes. Use of the Site in any other way, including in contravention of any restriction on use set out in these terms, is not permitted. If you do not agree with these terms, you may not use the Site.
2.2 As a condition of your use of the Site, you agree:
2.2.1 not to use the Site for any purpose that is unlawful under any applicable law or prohibited by these terms;
2.2.2 not to use the Site to commit any act of fraud;
2.2.3 not to use the Site to distribute viruses or malware or other similar harmful software Agilio
2.2.4 not to use the Site for purposes of promoting unsolicited advertising or sending spam;
2.2.5 not to use the Site to simulate communications from us or another service or entity in order to collect identity information, authentication credentials, or other information (‘phishing’);
2.2.6 not to use the Site in any manner that disrupts the operation of our Site or business or the website or business of any other entity;
2.2.7 not to use the Site in any manner that harms minors;
2.2.8 not to promote any unlawful activity;
2.2.9 not to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing;
2.2.10 not to access all or any part of the Site or the Content in order to build a product or service which competes with Agilio;
2.2.11 not to use the Site and/or Content to provide services to third parties;
2.2.12 not to use the Site to gain unauthorised access to or use of computers, data, systems, accounts or networks;
2.2.13 not to attempt to circumvent password or user authentication methods;
2.2.14 not to translate, edit, reverse-engineer, decompile or dissemble the Site (or any software used in connection with the Site) or attempt to do so; and
2.2.15 to comply with the provisions relating to our Intellectual Property Rights and Software contained in these terms.
2.3 You will ensure that any details supplied to Agilio in order to register for use of the Site are accurate and will advise Agilio promptly in the event that any such details change.
2.4 You agree that you are solely responsible for:
2.4.1 all costs and expenses you may incur in relation to your use of the Site; and
2.4.2 keeping your password and other account details confidential and any loss or damage resulting from the use of such password by any third party.
2.5 The Site is intended for use only by those who can access it from within the UK. If you choose to access the Site from locations outside the UK, you are responsible for compliance with local laws where they are applicable.
2.6 We seek to make the Site as accessible as possible. If you have any difficulties using the Site, please contact us at firstname.lastname@example.org
2.7 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. 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.
3.3 Trade marks and trade names may be used on this Site. The use of any trade marks on the Site is strictly prohibited unless you have our prior written permission, whether given in accordance with the Terms and conditions of supply or otherwise.
4.1 Software may be made available for you to download in order to help the Site work better. You may only use such software if you agree to be bound by the terms and conditions that apply to such software (this is sometimes known as an end user licence agreement). You will be made aware of any terms and conditions that apply to the software when you try to download it. If you do not accept such terms and conditions, you will not be allowed to download the software. You should read any terms and conditions carefully to protect your own interests (they may contain provisions that set out what your legal responsibilities are when using software, what the software provider’s legal responsibilities are, and provisions that limit a software provider’s legal responsibilities to you.
4.2 Using the software in an unlawful way (such as reproducing or redistributing it in a way that breaches these terms and conditions and any others that apply to it) is expressly prohibited and may result in civil and criminal penalties.
5 Bulletin boards, chat rooms and other interactive services
We may make bulletin boards, chat rooms or other communication services (‘Interactive Services’) available on the Site.
We are not obliged to monitor or moderate Submissions to Interactive Services. Where we do monitor or moderate Submissions we shall indicate how this is performed and who should be contacted in relation to any Submission of concern to you.
We may remove or edit any Submissions to any of our Interactive Services whether they are moderated or not.
Any Submission you make must comply with our Submission standards set out below.
6 Submission standards
6.1 Any Submission or communication to users of our Site must conform to standards of accuracy, decency and lawfulness, which shall be applied in our absolute discretion. In particular, you warrant that any Submission or communication is:
6.1.1 your own original work and lawfully submitted;
6.1.2 factually accurate or your own genuinely held belief;
6.1.3 provided with the necessary consent of any third party;
6.1.4 not defamatory or likely to give rise to an allegation of defamation;
6.1.5 not offensive, obscene, sexually explicit, discriminatory or deceptive; and
6.1.6 unlikely to cause offence, embarrassment or annoyance to others.
7 Submitting information to the Site
7.1 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, 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.
7.2 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.
8 Accuracy of information and availability of the Site
8.1 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.
8.2 We have the right at any time to update add to delete from or in any other way whatever change or modify the Site and/or the Content and shall have the right at any time to suspend or terminate the operation of or access to the whole or any part of the Site at our sole discretion. We do not have any obligation or responsibility to ensure that any part of the material on the Site or any of the Content is up to date.
8.3 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.
8.4 Information on the Site is written in general terms and is believed to be based on the relevant legislation, regulations and good practice guidance. This information is indicative only and is intended as a guide for you to review and take particular professional advice to suit your circumstances. Agilio does not accept any liability for any loss or claim that may arise from reliance on information provided.
8.5 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.
9 Hyperlinks and third party sites
9.1 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.
10 Linking and framing
10.1 You may create a link to our Site from another website without our prior written consent provided no such link:
10.1.1 creates a frame or any other browser or border environment around the content of our Site;
10.1.2 implies that we endorse your products or services or any of the products or services of, or available through, the website on which you place a link to our Site;
10.1.3 displays any of the trade marks or logos used on our Site without our permission (whether in given in accordance with the Terms and conditions of supply or otherwise) or that of the owner of such trade marks or logos; or
10.1.4 is placed on a website that itself does not meet the acceptable use requirements of these terms.
10.2 We reserve the right to require you to immediately remove any link to the Site at any time, and you shall immediately comply with any request by us to remove any such link.
11 Limitation on our liability
11.1 To the fullest extent permitted by law we disclaim and exclude any and all liability for loss injury or damage (whether direct or indirect or consequential or incidental or special) arising out of or in connection with your use of the Site and/or the Content including without limitation any and all losses relating to or resulting from:
11.1.1 the accuracy, reliability, completeness, suitability, merchantability or fitness for purpose of the Site or the Content;
11.1.2 any reliance upon or use of or actions taken or not taken or decisions made on the basis of anything contained in the Site or the Content;
11.1.3 inability at any time to obtain access to any part of the Site or the Content;
11.1.4 any computer viruses or spyware or malware of any description or any material which might adversely affect the operation of any computer hardware or software or any communications network which affects you as a result of you accessing the Site or the Content.
12 Events beyond our control
12.1 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.
13.1 If any provision of these terms shall be prohibited by or adjudged by a court to be unlawful, void or unenforceable such provision shall to the extent required be severed from these terms and rendered ineffective as far as possible without modifying the remaining provisions of these terms and shall not in any way affect any other circumstances or the validity or enforcement of these terms.
14 Rights of third parties
14.1 No one other than a party to these terms and conditions has any right to enforce any of these terms and conditions.
15.1 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 at our entire discretion. 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.
16.1 We shall apply these terms in our absolute discretion. In the event of your breach of these terms we may terminate or suspend your use of the Site, remove or edit Submissions, disclose Submissions to law enforcement authorities or take any action we consider necessary to remedy the breach.
17.1We will try to resolve any disputes quickly and efficiently. If you are unhappy with the way we deal with any dispute and you want to take court proceedings, the relevant courts of England and Wales will have exclusive jurisdiction in relation to the Terms. Relevant law of England and Wales will apply to these Terms.