Your use of this website is strictly subject to the terms and conditions of use set out below. By using this website you are agreeing, and you are signifying your agreement, to be bound by these terms and conditions. If you do not agree with all or any of these terms and conditions, as from time to time amended, you should immediately cease using the site.
Control and Use of the Website
1. Kainos (“we”) reserve the right to change the content, presentation, performance, facilities and availability of any part of this website at its sole discretion, including these terms and conditions of use. You should check these terms and conditions of use regularly for any changes.
2. Occasionally Kainos may:-
a. change the technical specifications of this website or any portion thereof; or
b. suspend this website or any portion thereof for operational reasons such as repair, maintenance or improvement of this website or change the system resource limits applicable to your use of this website or any portion thereof.
3. You may not use this website or any part of it to engage in activities which:-
a. infringe the proprietary or intellectual property rights of Kainos and/or its licensors and/or third parties;
b. compromise the privacy of others;
c. are immoral, illegal or advocating of illegal activity;
d. destroy the integrity of any data or other computer based information;
e. violate local, state, or national laws of any country;
f. impersonate another person;
You hereby agree to indemnify and hold harmless Kainos against any claims, proceedings and actions taken and all damages (including costs) that may be awarded or agreed to be paid to any third party in respect of any claim or action arising as a result of your breach of this condition.
Copyright and Reproduction Notice and Limited License
4. All information, content, software, graphics, text, sounds, images, buttons, trade marks, service marks, trade names and logos (the “Materials”), contained in this website are protected by copyright, trade mark, database right, and other intellectual property laws, under national laws and international treaties and are the property of Kainos, its licensors or their respective owners.
5. You are granted a limited non-transferable, non-exclusive license solely for your own use to refer to, bookmark or point to any page within this website, and to download the Materials contained on this website to a single personal computer, and to print a single hard copy of the Materials contained on this website for your own personal reference, provided however that all copyright, trade mark and other proprietary notices are left intact. The grant of this limited license is conditional on your agreement to and your compliance with, all of these terms and conditions of use. Any other use of the Materials on this website, including without limitation, any form of copying or reproduction for any purposes other than those noted above, including modification, distribution, re-publication, extraction, reutilization, incorporation or integration with other materials or works or re-delivery using framing technology, without the prior written permission of Kainos, is strictly prohibited and is in violation of the legal and other propriety rights of Kainos and/or its licensors.
6. Use of this website is at your own risk. You assume complete responsibility for, and risk of loss resulting from downloading, using, referring or relying on the Materials, or any other information obtained from your use of this website. You agree that Kainos and providers of telecommunications and network services (web site designers and web site facilities providers) to Kainos will not be liable for damages arising out of your use or your inability to use this website, and you hereby waive any and all claims with respect thereto whether based on contract, tort (including negligence) or other grounds.
7. This website, the Materials and any documentation are available to all users “as is” without any representations or warranties of any kind, either express or implied. To the greatest extent permitted by applicable law, Kainos excludes all other warranties express or implied, statutory or otherwise as to the quality, accuracy, timeliness, completeness, merchantability or fitness for a particular purpose of the Materials, documentation, information, goods and/or facilities advertised or accessed via this website.
8. Kainos makes no representations, warranties or undertakings that this website, or the server that makes it available, will be free from defects, including, but not limited to viruses or other harmful elements. Kainos expressly excludes liability for any infection by computer virus, tampering, unauthorized access, intervention, alteration, use, fraud, theft, technical failure, error, omission, interruption, deletion, defect, delay, or any event or occurrence beyond the control of Kainos, which corrupts or affects the administration, security, fairness and integrity or proper conduct of any aspect of this website.
9. Kainos makes no representations, warranties or undertakings about any content of or information on any other website referred to or accessed by hypertext link through this website or from which this website is referred to or accessed by hypertext link (“third party site”). Kainos does not endorse or approve the content of any third party site, nor will Kainos have any liability in connection with any third party site (including but not limited to liability arising out of any allegation that the content of or information on any third party site infringes any law or the rights of any person or entity). No judgment or warranty is made with respect to the accuracy, timeliness or suitability of the content or services of any third party site, and any and all liability which might arise out of, or in connection with, your use or reliance on the services, content of or information on, or the performance of, any third party site is excluded. Kainos does not represent or guarantee that the controller of any third party website will respect your privacy in the same manner as Kainos.
Limitation of Liability
10. To the fullest extent permitted by applicable law, neither Kainos nor any of its directors, employees, affiliates or other representatives will be liable for loss or damages arising out of or in connection with your use of, or your inability to use, the Materials, the documentation and/or facilities offered through this website, including, but not limited to, indirect or consequential loss or damages, loss of data, income, profit or opportunity, loss of savings or anticipated savings, loss of or damage to property and claims of third parties, or wasted management time even if Kainos has been advised of the possibility of such loss or damages, or such loss or damages were reasonably foreseeable. In no event shall Kainos’ liability to you exceed Stg100.00. In using this website, you are agreeing, and you are signifying your agreement, to be bound by this limitation on the liability of Kainos.
11. Any waiver of any provision of these terms and conditions must be in writing and signed by an authorised representative of Kainos to be valid. A waiver of any provision hereunder shall not operate as a waiver of any other provision, or a continuing waiver of the same provision in the future. If any court of competent jurisdiction finds any provision of these terms and conditions to be void or unenforceable for any reason, then such provision shall be ineffective to the extent of the court’s finding without affecting the validity and enforceability of any remaining provisions. These terms and conditions represent the entire understanding and agreement between you and Kainos relating to use of this website, and supersede any and all prior statements, understandings or agreements whether oral or written, and shall not be modified except in writing, signed by you and by Kainos.
12. Nothing in these terms and conditions shall create or are being deemed to create a partnership or joint venture between Kainos and any other user of this website or the relationship of principal and agent between Kainos and any other user of this website.
13. These terms and conditions are not made for the benefit of, nor shall they be enforceable by, any person other you and Kainos (and Kainos’ permitted assignees under clause 24).
14. Kainos does not want to receive confidential or proprietary information from you through our website. Please note that any information or material sent to Kainos will be deemed NOT to be confidential. By sending Kainos any information or material, you grant us an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, those materials or information. You also agree that Kainos is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose. However, we will not release your name or otherwise publicise the fact that you submitted materials or other information to us unless: (a) we obtain your permission to use your name; or (b) we first notify you that the materials or other information you submit to a particular part of this site will be published or otherwise used with your name on it; or (c) we are required to do so by law. Personally-identifiable information that you submit to us for the purpose of receiving products or services will be handled in accordance with our privacy policies.
15. Kainos consents only to links to this website in which the link and the pages that are activated by the link do not: (a) create frames around any page on this website or use other techniques that alter in any way the visual presentation or appearance of any content within this site; (b) misrepresent your relationship with Kainos; (c) imply that Kainos approves or endorses you, your website, or your service or product offerings; and (d) present false or misleading impressions about Kainos or otherwise damage the goodwill associated with the Kainos name or trademarks. As a further condition to being permitted to link to this site, you agree that Kainos may at any time, in its sole discretion, terminate permission to link to this website. In such event, you agree to immediately remove all links to this website and to cease any related use of Kainos trademarks.
16. You cannot, without the prior written consent of Kainos, assign any of your rights or obligations under these terms and conditions.
17. Kainos may assign or sub-contract the whole or any part of its rights or obligations under these terms and conditions without restriction.
18. This website is controlled and operated by Kainos Software Limited, a Northern Ireland registered company, under no. NI 19370, having its registered offices at 4-6 Upper Crescent, Belfast, BT7 1NT. Kainos does not make any representation that Materials and/or the documents offered through this website are appropriate or suitable for use in countries other than Northern Ireland, or that they comply with any legal or regulatory requirements of such other countries. In accessing this website, you do so at your own risk and on your own initiative, and are responsible for compliance with local laws, to the extent any local laws are applicable. If it is prohibited to make this website, the Materials and/or documentation offered through this website or any part of them, available in your country, or to you (whether by reason of nationality, residence or otherwise), this website, the Materials and/or the documentation offered through this website or any part of them are not directed at you. These terms and conditions of use shall be governed by and construed in accordance with the laws of England and Wales, and you hereby agree for the benefit of Kainos, and without prejudice to the right of Kainos to take proceedings in relation to these terms and conditions of use before any other court of competent jurisdiction, that the courts of England and Wales shall have jurisdiction to hear and determine any action or proceedings that may arise out of or in connection with these terms and conditions of use, and for such purposes you irrevocably submit to the jurisdiction of such courts.