1.1 NovaFori Ltd. is a company registered in England with its registered address at 15 Bermondsey Square, London, England, SE1 3UN ("NovaFori," "we," "our," or "us").
1.2 We operate the www.novafori.com website, which provides information about our products and services (including our white papers, case studies, blogs, media articles, user surveys and FAQs), and allows users to contact us and subscribe to receive notifications of news and updates about our products and services (the "NovaFori Website").
2. Your relationship with us
2.1 This document and any documents referred to within it (collectively, the "Terms of Service") set out the terms of your relationship with us. It is important that you read and understand the Terms of Service before using the NovaFori Website.
2.2 By using and accessing the NovaFori Website, you agree to these Terms of Service. If you do not agree to these Terms of Service, please do not use the NovaFori Website.
3. Information about you
4. Your rights to use the NovaFori Website
4.1 The NovaFori Website is intended for business to business use and is not suitable for use by individuals in their personal capacities.
4.2 The materials and content comprising the NovaFori Website belong to us or our third party licensors, and we hereby give you permission to access, view and use these materials and content for the sole purpose of using the NovaFori Website in accordance with these Terms of Service.
4.3 Your right to use the NovaFori Website is personal to you and you are not allowed to give this right to any other person. Your right to use the NovaFori Website does not stop us from giving other people the right to use the NovaFori Website.
4.4 You are also responsible for ensuring that all persons who access the NovaFori Website through your internet connection are aware of these Terms of Service and other applicable policies, and that they comply with them.
4.5 Unless allowed by these Terms of Service and as permitted by the functionality of the NovaFori Website, you agree:
(a) not to copy, or attempt to copy any portion of the NovaFori Website;
(b) not to give or sell or otherwise make available any portion of the NovaFori Website to anybody else;
(c) not to change, or attempt to change any portion of the NovaFori Website in any way;
(d) not to look for or access the code of any portion of the NovaFori Website that we have not expressly published publicly for general use.
4.6 You agree that all confidential information, copyright and other intellectual property rights in the NovaFori Website belong to us or the people who have licenced those rights to us.
4.7 Other than as set out in these Terms of Service, we do not give you any other rights in the NovaFori Website. You agree that you have no rights in or to any portion of the NovaFori Website other than the right to use it in accordance with these Terms of Service.
5. Information on the NovaFori Website
5.1 The content on the NovaFori 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 NovaFori Website.
5.2 Although we make reasonable efforts to update the information on the NovaFori Website, we make no representations, warranties or guarantees, whether express or implied, that the content on the NovaFori Website is accurate, complete or up to date.
5.3 The NovaFori Website may include information and materials uploaded by other users of the NovaFori Website, including to blogs. This information and these materials have not been verified or approved by us. The views expressed by other users on the NovaFori Website do not represent our views or values.
6. Your content
6.1 You warrant that any images, text or information that you upload to the NovaFori Website, including any feedback or comments that you submit to us, or any other queries or other messages you send to us through the "Contact Us" form on the NovaFori Website (collectively, your "User Content") will not breach the Rules of Acceptable Use. You will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
6.2 We do not claim ownership of your User Content, and ownership will remain with you and any third party whose content you include in your User Content. Instead, by submitting any User Content you expressly grant us a worldwide, non-exclusive, royalty-free and perpetual licence to use, copy, reproduce, distribute, adapt, re-format, modify, make derivative works from, publish, translate, license, sub-license and otherwise make available the User Content anywhere and in any form as required in order to respond to any questions or comments that you submit to us, or in connection with the promotion of any of our products and services.
6.3 We do not have any obligation to make any changes to the NovaFori Website in response to any feedback or comments included in your User Content, or post or use your User Content in any way. If we do make any use of your User Content, you agree that you will not be entitled to any compensation or acknowledgement as the author of any User Content or any ideas included in the User Content.
6.4 You are responsible for ensuring that:
(a) you are able to grant us the above licence for any content owned by a third party that you include in your User Content;
(b) your User Content does not breach any applicable law; and
(c) the submission of User Content will not infringe a third party's privacy, intellectual property or other rights.
6.5 You are solely responsible for securing and backing up your User Content.
7. Rules of Acceptable Use
7.1 In addition to the other requirements within these Terms of Service, this section describes specific rules that apply to your use of the NovaFori Website (the "Rules of Acceptable Use").
7.2 When using the NovaFori Website you must not:
(a) copy and/or distribute any content on the NovaFori Website;
(b) bypass, circumvent, disable or otherwise interfere with any security related features of the NovaFori Website;
(c) take any action that imposes, or may impose, an unreasonable or disproportionately large load on our infrastructure;
(d) use the NovaFori Website for commercial purposes, or accept any payment or commission in relation to your use of the NovaFori Website;
(e) give any false or misleading information, impersonate any person or hide or attempt to hide your identity;
(f) use the NovaFori Website if we have suspended or banned you from using it;
(g) advocate, promote or engage in any illegal or unlawful conduct, including any criminal activity, fraud or money laundering, or conduct that causes damage or injury to any person or property;
(h) modify, interfere, intercept, disrupt or hack the NovaFori Website;
(i) introduce viruses, Trojans, worms, logic bombs, invalid data or other material which could harm the NovaFori Website or the equipment of any user of the NovaFori Website;
(j) collect any data from the NovaFori Website other than in accordance with these Terms of Service (including by any automated or non-automated "scraping");
(k) submit or contribute any User Content that contains nudity or violence or is abusive, threatening, obscene, misleading, untrue or offensive;
(l) submit or contribute any User Content that you do not own or have the right to use or otherwise infringe the copyright, trademark or other rights of third parties;
(m) submit or contribute any information or commentary about another person without that person's permission; or
(n) use any automated system, including without limitation "robots", "spiders" or "offline readers" to access the NovaFori Website in a manner that send more request messages to the NovaFori Website than a human can reasonably produce in the same period of time (except that we grant the operators of public search engines revocable permission to use spiders to copy publicly available materials from the NovaFori Website for the sole purpose of, and solely to the extent necessary for, creating publicly available searchable indices of the materials but not caches or archives of such materials).
7.3 Failure to comply with the Rules of Acceptable Use constitutes a serious breach of these Terms of Service, and may result in our taking all or any of the following actions (with or without notice):
(a) immediate, temporary or permanent withdrawal of your right to use the NovaFori Website;
(b) issuing of a warning to you;
(c) legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; and/or
(d) disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
7.4 The responses described in paragraph 7.3 are not exhaustive, and we may take any other action we reasonably deem appropriate.
8. We may transfer this agreement to someone else
8.1 We may transfer our rights and obligations under these Terms of Service to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the Terms of Service.
9. Ending our relationship
9.1 If at any time you do not feel that you can agree to these Terms of Service or any changes made to the Terms of Service or the NovaFori Website, you must immediately stop using the NovaFori Website.
9.2 We may immediately end your use of the NovaFori Website if you break the Rules of Acceptable Use, any other important rule(s), or terms and conditions we set for accessing and using the NovaFori Website including these Terms of Service.
9.3 We may also withdraw the NovaFori Website at any time.
9.4 If you or we end your use of the NovaFori Website or we withdraw the NovaFori Website as described in this paragraph, we may delete any of your User Content, any other information that you have uploaded to the NovaFori Website or any other information we hold about you. You will also lose any rights you have to use the NovaFori Website or to access our content. You should ensure that you keep a copy of any information or content you use on the NovaFori Website, as we will not offer you compensation for any losses you might suffer if you lose your rights to access and use the NovaFori Website or any such information or content.
9.5 Nothing in this paragraph 8 affects any legal rights you may have under the law of the country in which you are resident.
10.1 We care about the integrity and security of your personal information. However, we cannot guarantee that unauthorised third parties will never be able to defeat our security measures or use your personal information for improper purposes.
11. Links to third party websites and information
11.2 Any interaction that you may have with any adverts or promotions that appear on the NovaFori Website is between you and the provider of the advert or promotion. We will not be responsible for any loss or damage that you might suffer relating to your interactions with any such advertisers.
12. Our liability/responsibility to you
12.1 The NovaFori Website is made available free of charge.
12.2 Certain features of the NovaFori Website may rely on networks and connections that are beyond our control. As we do not own or produce such third party content, or operate such third-party networks, we are not liable for them in any way.
12.3 We shall not be responsible to you for any claims arising out of the provision of the NovaFori Website. The NovaFori Website, and all content on the NovaFori Website is provided for informative purposes only and on an "as available" and "as is" basis. This means that:
(a) we do not give any commitment that your use of the NovaFori Website will be uninterrupted, secure, without delays, error-free or meet your expectations;
(b) we do not give any commitment that any defects or errors will be corrected, or that the NovaFori Website (or any content available to view or download on the NovaFori Website) is free of viruses or other harmful components; and
(c) information about our products and services that is made available through the NovaFori Website may change as we continue to develop these products and services.
12.4 We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
(a) use of, or inability to use, our site; or
(b) use of or reliance on any content displayed on our site.
12.5 We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
12.6 In particular, we will not be liable for:
(a) loss of profits, sales, business, or revenue;
(b) business interruption;
(c) loss of anticipated savings;
(d) loss of business opportunity, goodwill or reputation; or
(e) any indirect or consequential loss or damage.
12.7 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for any personal injury or death caused by our negligence or for fraud or fraudulent misrepresentation.
12.8 Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products/services to you, which will be set out in separate terms.
13. Locations where the NovaFori Website is available
13.1 The NovaFori Website is controlled and operated from facilities in the UK and Spain. NovaFori makes no representations that the NovaFori Website is appropriate for use in locations other than the UK and EU.
14. Resolving disputes
14.1 If you have a dispute with us relating to the NovaFori Website, in the first instance please contact us at email@example.com and attempt to resolve the dispute with us informally.
14.2 In the unlikely event that we have not been able to resolve a dispute informally, we will discuss and agree with you on the most effective way of resolving our dispute.
15. Changes to the NovaFori Website
15.1 We are constantly updating and improving the NovaFori Website as our products and services develop. Improvements and updates are also made to reflect changing technologies, tastes, behaviours and the way people use the Internet and the NovaFori Website.
15.2 In order to do this, we may need to update, reset, stop offering and/or supporting a particular part of the NovaFori Website, or feature relating to the NovaFori Website ("changes to the NovaFori Website"). These changes to the NovaFori Website, which may occur with or without prior notice, may affect certain features and content available through the NovaFori Website, including deleting and/or removing such content and features.
15.3 You agree that a key characteristic of the NovaFori Website is that changes to the NovaFori Website will take place over time and this is an important basis on which we grant you access to the NovaFori Website. Once we have made changes to the NovaFori Website, your continued use of the NovaFori Website will show that you have accepted any changes to the NovaFori Website. You are always free to stop using the NovaFori Website.
16. Changes to the documents
16.1 We may revise these Terms of Service from time to time but the most current version will always be at www.novafori.com/terms-of-service.
16.2 Every time you wish to use the NovaFori Website, please check these terms to ensure you understand the terms that apply at that time.
16.3 Your continued of use the NovaFori Website after we make any changes to these Terms of Service will indicate that you have agreed to those changes. If you do not agree to any of the changes to these Terms of Service you should not use or access (or continue to use or access) the NovaFori Website.
17. Documents that apply to our relationship with you
17.1 The then-current version of the Terms of Service contains the only terms and conditions that apply to our relationship with you at any time.
17.2 We intend to rely on these Terms of Service as setting out the written terms of our agreement with you for the provision of the NovaFori Website. If part of the Terms of Service cannot be enforced then the remainder of the Terms of Service will still apply to our relationship.
17.3 If you do not comply with these Terms of Service and we do not take action immediately, this does not mean we have given up any right we have and we may still take action in the future.
18.1 These Terms of Service, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England.
19. Contact, feedback and complaints
19.1 If you need to contact us in relation to these Terms of Service or any other document mentioned in them, please email us at firstname.lastname@example.org.
19.2 We value hearing from our users, and we are always interested in learning about ways we can improve the NovaFori Website.