Who we are and what this agreement does
We IMPAX LIMITED incorporated and registered in England and Wales with company number 07836058 whose registered office is at 32 Portland Terrace, Newcastle upon Tyne NE2 1QP license you to use:
- our online application software known as ImpaxHub (Software) and any updates or supplements to it; and
- the service you connect to via the Software and the content we provide to you through it (Service);
as permitted in these terms.
Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the Software or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
Support for the Software and how to tell us about problems
Support. If you want to learn more about the Software or the Service or have any problems using them please take a look at our support resources at www.impaxhub.com.
Contacting us (including with complaints). If you think the Software or the Service are faulty or misdescribed or wish to contact us for any other reason please email our customer service team at firstname.lastname@example.org.
How we will communicate with you. If we have to contact you we will do so by email using the contact details you have provided to us.
How you may use the Software
In return for your agreeing to comply with these terms you may view, use and display the Software and the Service for your personal purposes only.
You must be 18 or over to accept these terms.
Changes to these terms
We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.
We will notify you of a change when you next access the Software.
If you do not accept the notified changes you will not be permitted to continue to use the Software and the Service.
Update to the Software and changes to the Service
From time to time we may automatically update the Software and change the Service to improve performance, enhance functionality or address security issues.
We may collect technical data about your device
By using the Software or any of the Services, you agree to us collecting and using technical information about the devices you use the Software on and related software, hardware and peripherals to improve our products and to provide any Services to you.
We are not responsible for other websites you link to
The Software or any Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
You agree that you will:
- not rent, lease, sub-license, loan, provide, or otherwise make available, the Software or the Services in any form, in whole or in part to any person without prior written consent from us;
- not copy the Software or Services, except as part of the normal use of the Software.
Acceptable use restrictions
These restrictions supplement the Acceptable Use Policy.
- not use the Software or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Software, any Service or any operating system;
- not infringe our intellectual property rights or those of any third party in relation to your use of the Software or any Service, including by the submission of any material (to the extent that such use is not licensed by these terms);
- not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Software or any Service;
- in so far as you provide information about yourself and/or your qualifications via the Software and/or the Service, ensure the accuracy of the same;
- not use the Software or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
- not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
Intellectual property rights
All intellectual property rights in the Software and the Services throughout the world belong to us (or our licensors) and the rights in the Software and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the Software or the Services other than the right to use them in accordance with these terms.
We are responsible to you for foreseeable loss and damage caused by us
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
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 death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
Limitations to the Software and the Services
Although we make reasonable efforts to update the information provided by the Software and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
Check that the Software and the Services are suitable for you
The Software and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the Software and the Services meet your requirements.
We are not responsible for events outside our control
If our provision of the Services or support for the Software or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay.
We may end your rights to use the Software and the Services if you break these terms
We may end your rights to use the Software and Services at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.
If we end your rights to use the Software and Services you must stop all activities authorised by these terms, including your use of the Software and any Services.
We may transfer this agreement to someone else
We may transfer our rights and obligations under these terms 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 contract.
You need our consent to transfer your rights to someone else
You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
No rights for third parties
This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
If a court finds part of this contract illegal, the rest will continue in force
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
Which laws apply to this contract and where you may bring legal proceedings
These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.