General
These terms and conditions of use are the terms and conditions on which you may make use of our website airora.com (our “Website”), whether as a guest or a registered customer or subscriber. Use of our Website includes accessing, browsing, or registering to use our Website.
Please read these Terms of Use carefully as they apply to your use of our Website.
By using our Website, you confirm that you accept these Terms of Use and that you agree to comply with them. If you do not agree to these Terms of Use, you must not use our Website. We reserve the right to suspend your right to use the Website if we have reasonable grounds to suspect that you are in breach of any of these Terms of Use.
We may revise these Terms of Use at any time. Please check this page from time to time to take notice of any changes we made, as they are binding on you. You understand and agree that your use of the Website or the Content after the date on which the Terms of Use have changed will be treated as a deemed acceptance of the updated terms of use of our Website.
Our Privacy Policy also applies to your use of our Website. It sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our Website, you consent to such processing and you represent and warrant to us that all data provided by you is accurate. It also sets out information about the cookies on our Website.
We recommend that you print a copy of our Website Terms of Use and our Privacy Policy for future reference.
Charges
Our Website airora.com is made available free of charge.
Accessing our Website
You are responsible for making all arrangements (including configuring your information technology, computer programs, etc.) necessary for you to have access to our Website.
You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them, and you shall be liable for any breach of these Terms of Use by them as if they were a party to these Terms of Use.
Availability of the Website
We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. Access to our Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Website without notice. We will not be liable to you if for any reason our Website is unavailable at any time or for any period.
Changes to our Website
We may update our Website from time to time, and may change the content at any time. However, please note that any of the content on our Website may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that our site, or any content on it, will be free from errors or omissions.
No reliance on information
The content on our 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 our Website. We do not accept any liability for any action taken by you as a result of the content of our Website.
Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, correct, complete or up-to-date.
Intellectual Property Rights
We are the owner or the licensee of all intellectual property rights in our Website, and in the material published on it. Those works are copyright © 2017 Hydroxyl Technologies Ltd., all rights reserved and therefore protected by copyright laws around the world. You must comply with all copyright and other applicable laws.
As a condition to us permitting you to use the Website, you represent and warrant to us that you will not use its content for any purpose that is unlawful or prohibited by these Terms of Use. If a breach is suspected or occurs, we shall be entitled to immediately cancel your access to our Website and may request that you destroy or return any of the copies of the materials you have made.
‘Hydroxyl Technologies’, and Hydroxyl Technologies’ other product and service names, and logos used or displayed are registered or unregistered trademarks of Hydroxyl Technologies (collectively, “Marks”), and you may only use such Marks to identify you as a registered customer or subscriber; provided you do not attempt, now or in the future, to claim any rights in the Marks, degrade the distinctiveness of the Marks, or use the Marks to disparage or misrepresent Hydroxyl Technologies, its services or products.
Linked Websites
A website linked to the Website (a “Linked Website “) is not under our control and we are not liable for the contents of any Linked Website including, without limitation, any link contained in a Linked Website, or any changes or updates to a Linked Website.
We are also not responsible for any form of transmission received from any Linked Website.
We are providing these links to you only as a convenience to help you identify and locate other resources that may be of interest or relevance to you, and the inclusion of any link does not mean we endorse or sponsor the site or have any affiliation or association with its operators, nor does it mean that we are legally authorised to use, any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol in the links.
These Terms of Use do not govern your interaction with Linked Websites, and you should carefully review the terms and conditions and privacy policies of any third party sites accordingly.
Your use of any Linked Website is at your own risk.
We are not liable for any loss, injury, claim, liability, costs, expenses, actions or damage (“Loss”) related to your use of any Linked Website including, without limitation, if this Loss (i) arises from errors or omissions in the Content of any Linked Website, or (ii) is as a result of any Linked Website being unavailable or (iii) arises from any other use of any Linked Website.
Third party service providers
Certain services on our Website or relating to provision of our Website or its content may be delivered by third parties.
We are not liable for the performance of any third party service provider that provides services to us in connection with the Website, including, without limitation, website developers and payment systems providers.
Viruses
We do not guarantee that our Website will be secure or free from bugs or viruses. You should use your own virus protection software.
We will not be liable for any Loss caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any content on it.
You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
Linking to our Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Website in any website that is not owned by you. We reserve the right to withdraw linking permission without notice.
Limitations of liability
We will not be liable under any circumstances to you for any Loss, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with:
- use of, or inability to use, our Website; or
- use of or reliance on any content displayed on our Website,
Regardless of whether you have been advised of the possibility of or could have foreseen such damages, and regardless of whether the breach causing the Loss was deliberately caused or resulted from defective performance.
Notwithstanding the foregoing, in particular, we will not be liable under any circumstances to you, whether in contract, tort (including negligence), breach of statutory duty or otherwise for:
- loss of profits, sales, business, or revenue;
- business interruption;
- increased costs or expenses;
- wasted expenditure;
- loss of anticipated savings;
- loss of business opportunity or contracts, goodwill or reputation; or
- loss of data;
- any indirect, incidental or consequential Losses or any punitive, exemplary or special damages; or
- any other Loss of a nature similar to the foregoing categories of loss or damage
- incurred in connection with the Website, regardless of whether such user has been advised of the possibility of or could have foreseen such loss or damage referred to above, and regardless of whether the breach causing the loss or damage referred to above was deliberately caused or resulted from defective performance.
For the purposes of the foregoing:
- “we” includes any company in our group and our and their respective officers, directors, employees, agents, suppliers, sub-contractors and licensors.
- “you” includes any other person claiming through you, including an insurer.
To the fullest extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Website or any content on it, whether express or implied.
You acknowledge and agree that the essential purpose of this section is to allocate the risks under these Terms of Use between the parties and limit potential liability given that the Website is made available to you free of charge. whereas such the price for access to the Website would have been substantially higher if we were to assume any further liability than as set out in these terms of use.
We have relied on these limitations in determining whether to provide you with the rights to access and use the Website.
Nothing in these Terms of Use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products or services by us to you, including in particular, provision of access to a Document Library and Content (as defined in Part 2 below), which will be set out in our Licence Terms (defined in and set out in Part 2 below).
Miscellaneous
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms of Use or your use of the Website.
Our performance of these Terms of Use is subject to existing laws and legal process. Nothing contained in these Terms of Use is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by us with respect to such use.
If any part of these Terms of Use is determined to be invalid or unenforceable under any applicable law, including, but not limited to the liability limitations set out above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use will continue in effect.
Unless otherwise specified, these Terms of Use constitute the entire agreement between you and us with respect to your use of the Website and they supersede all prior communications and proposals, whether electronic, oral or written, between you and us with respect to such use.
You must not assign or otherwise transfer these Terms of Use, or any right granted under them, without our prior written consent. We can freely transfer our rights under the Terms of Use.
Any failure by us to enforce or exercise any provision of the Terms of Use, or any related right, will not be a waiver of that provision or right. Any rights not expressly granted in these Terms of Use are reserved.
A printed version of the Terms of Use, and of any notice given in electronic form, will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that these Terms of Use and all related documents have been drawn up in English.
Applicable law and jurisdiction
These Terms of Use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and interpreted in accordance with the law of England and Wales.
We and you agree to submit all disputes arising out of or in connection with these Terms of Use or their subject matter or formation (including non-contractual disputes or claims) to the exclusive jurisdiction of the courts of England and Wales.