1. Acceptance of these Terms
1.1 Your access to and use of this website, the content, information and any access to
software contained or set out therein (“Website”) is subject to and strictly in accordance
with these terms and conditions (“Terms”) and on the basis that you will not use or access
the Website for any purpose that is unlawful or prohibited by these Terms.
1.2 By using, visiting and/or accessing any part of the Website you agree that you fully
accept and agree to these Terms which are deemed to incorporate any other conditions,
notices, policies and disclaimers set out on the Website from time to time.
1.3 If you do not accept and agree to these Terms, you must immediately stop using or
accessing the Website and any other information and/or software accessible through it.
The content and information set out on the Website does not, and is not intended to,
constitute, provide or give any advice, assistance or guidance to you or any third party in any way whatsoever.
3. Changes to the Website (including information, content, software and services)
Novacroft reserves the right, at its absolute discretion and without notice to you or any
third party whatsoever, to change, alter, modify, add to, remove, delete, amend or discontinue:
* the Website or any part of it (whether temporarily or permanently), and you confirm that Novacroft shall not be liable to you in any way whatsoever as a result of any such change, alteration, modification, addition, deletion, amendment or removal
* any use of or access to any software or service accessed or available on or through the Website at any time and you hereby confirm, agree and acknowledge that Novacroft
shall not be liable for any loss, costs, liability, expenses, damages, claims, actions or proceedings
whatsoever and howsoever suffered or incurred by you or any third party as a result of any such change, alteration, modification, addition, deletion, amendment or removal
* these Terms at any time and, for the avoidance of doubt, your continued use of or access to the Website following any such change, alteration, modification, addition, deletion, amendment or removal shall be deemed to be your acceptance of the same.
4. Links to third party websites
The Website may include links to third party websites that are not controlled, monitored and/or maintained by Novacroft. Any link to other websites from the Website is not, and shall not in any way be construed or relied upon as, an endorsement, approval, warranty, representation or recommendation of such websites and/or any content, format, link from
or information contained therein and you acknowledge and agree that Novacroft is not responsible in any way whatsoever for the information, content and/or availability of any such websites.
5. Intellectual Property Rights
5.1 The Intellectual Property Rights (as defined in clause 5.4 below) in the Website
including, but not limited to, the content, information, materials and software on or accessible through the Website, belongs to Novacroft or its licensors.
5.2 The Website and the content, information, materials and software on or accessible
through it and any Intellectual Property Rights therein may not be copied, distributed,
published, licensed, used or reproduced in any way whatsoever (save to the extent
strictly necessary for, and for the purposes of, accessing, visiting and using the
Website) other than in accordance with these Terms.
5.3 “Novacroft”, “InNovator©” and the Novacroft group, Novacroft, Deploysmart, Loadmore and UCan-do-it logos belong to their respective owners (to be checked by DC/DG) and they may not, under any circumstances whatsoever, be used, copied or reproduced in any way whatsoever by you or any third
party without the prior written consent of Novacroft.
5.4 For the purposes of these Terms, “Intellectual Property Rights” shall mean (wherever
and whenever arising and for the full term of each of them) any patent, trade mark, trade name, service mark, service name, design, design right, copyright, database right, moral rights, know how, trade secrets and other confidential information, rights in the nature of any of these in any country, rights in the nature of unfair competition rights and rights to sue for passing off or any other similar intellectual or commercial right whatsoever (in each case whether or not registered or registrable) and registrations of and applications to register any of them.
6. Limitation of liability
6.1 The Website is provided and made available purely on an “as is” and “as available” basis without any representation, warranty or endorsement made by Novacroft and without
warranty of any kind whatsoever whether express or implied, including, but not limited to, the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
6.2 To the extent permitted by law, Novacroft will not be liable for any indirect or consequential loss or damage whatsoever (including, without limitation, loss of business
opportunity, data and/or profits) arising out of or in connection with the use of, inability to use or unavailability of, the Website.
6.3 Novacroft makes no representation or warranty that:
* the functionality of, or access to, the Website will be uninterrupted or error
* there will not be any defects, mistakes or errors in any information, content or software on
* the Website server that makes the Website available to you is free of viruses and/or anything else which may be harmful or destructive.
6.4 Nothing in these Terms shall be construed in such a way as to exclude or limit the
liability of Novacroft for death or personal injury as a result of the negligence of Novacroft or of any of its employees, consultants or agents.
You agree to indemnify and hold harmless Novacroft and its employees, consultants and agents from and against any and all losses costs, expenses (including, but not limited to, legal expenses), damages, claims and proceedings in relation to any claims or actions brought against Novacroft arising out of any breach by you of these Terms or any other liabilities whatsoever arising out of your use of or access to the Website.
Headings in these Terms are included for convenience only and shall not affect their construction or interpretation.
If any provision or provisions of these Terms (or of any document referred to herein) is,
or at any time becomes, illegal, invalid or unenforceable in any respect, then the legality, validity and enforceability of the remaining provisions of these Terms (or such other document) shall not be affected or impaired in any way thereby.
No failure to exercise and no delay by Novacroft in exercising any right, power or privilege
hereunder shall operate as a waiver thereof nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in these Terms are cumulative and not exclusive of any rights or remedies otherwise provided by law.
11. Entire Agreement
These Terms (together with any documents expressly referred to in them) contain the entire
agreement between you and Novacroft relating to the use of and access to the Website and any content, information and/or software available on it and supersede any previous agreements, arrangements, undertakings or proposals, whether written or oral, between you and Novacroft in relation to such matters. No oral explanation or information given by you or Novacroft shall alter the interpretation of these Terms. In agreeing to these Terms you confirm that you have not relied on any representations whatsoever other than those expressly stated in these Terms and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in these Terms.
12. Third parties
A person who is not a party to these Terms has no right under the Contracts (Rights of Third
Parties) Act 1999 to enforce any provision of these Terms but this does not affect any remedy or right of any third party which exists or is available apart from that Act.
13. Applicable law and disputes
These Terms and any and all matters or disputes arising from or in relation to them shall be
governed by and construed in accordance with the laws of England and Wales and the parties hereby agree to submit to the exclusive jurisdiction of the English courts. For the avoidance of doubt, you hereby agree that the place of performance of these Terms is England.