These Terms of Use govern all contents and use of the website artifax.com and all other websites, mobile applications or other software or services provided by Artifax (as defined below) (the “Site”). Please read these terms carefully before using the Site. By visiting or using this Site and/or any content or materials available you agree to be bound by these Terms of Use.
You acknowledge that these Terms of Use relate solely to the use of the Site and that other terms and conditions may apply if you choose to sign up to use the products or services we offer.
We reserve the right to change the Terms of Use from time to time at our sole discretion and your use of the Site will be subject to the most current version of the Terms of Use posted on the Site at the time of such use. We recommend that you read through the Terms of Use available on the Site from time to time so that you can be sure that you are aware of the latest version. If you breach any of the Terms of Use, your authorisation to use this Site shall automatically and immediately terminate and you must immediately cease use of the Site and destroy any materials downloaded or printed from the Site.
1. Ownership
1.1. This Site is owned and operated by Artifax Software Limited, a company incorporated in England and Wales (company number 02007321), whose registered office is at 5th Floor, 167-169 Great Portland Street, London, W1W 5PF, United Kingdom (“Artifax”). If you would like to contact us or complain about anything contained on the Site, our contact details are shown at https://artifax.com/contact-us.
2. Accessing and using the Site
2.1. You may not use the Site in any improper or unlawful manner or in breach of any legislation or licence that applies to you.
2.2. Without limiting to the foregoing, you agree that when using the Site you will not:
a) intimidate or harass others or disclose personal information about others that could amount to harassment or intimidation;
b) publish, post, upload, transmit, share, store, distribute, disseminate or otherwise make available any content that we deem to be unlawful, defamatory, infringing, obscene, sexually explicit, harmful, fraudulent, confidential, libellous, hateful, discriminatory, threatening or otherwise illegal material or information or anything which might constitute a criminal or civil offence or promote violence;
c) upload files that contain software or other material which are the Intellectual Property Rights of any third party or which are protected by rights of privacy or publicity of any third party without having received all necessary consents;
d) upload, post, transmit, share or otherwise make available any material that contains viruses, corrupted files, or any other computer code, files, software or programs that may interfere with, damage, interrupt, destroy or limit the functionality of the Site or any computer software or hardware or telecommunications equipment;
e) solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
f) create a false identity on the Site or impersonate others;
g) post content which promotes a product or service;
h) promote any activity that is illegal; or
i) use software to harvest information from the Site.
2.3. You agree to comply with all reasonable instructions that we may give you from time to time regarding the use of the Site.
2.4. You are responsible for obtaining (at your own cost) all necessary equipment and telecommunications services required to access and use the Site. You are responsible for ensuring that no one uses your equipment to access the Site without your permission. We will be entitled to assume that anyone who accesses the Site using your equipment has your permission to do so and you will be liable for any charges or any other costs, liabilities or damages that may be incurred by any such person.
3. User Generated Content
3.1. Whilst we encourage you to contribute whatever material you wish to the Site you may only use the Site in accordance with clause 1 and:
a) You must not submit any confidential, defamatory, offensive, infringing, obscene, indecent or otherwise unlawful or objectionable material or information nor use the Site for any chain letters, junk mail, ‘spamming’ material or any other form of solicitation or bulk communication;
b) You must not submit any content or material the Intellectual Property Rights in which are owned by any third party;
c) You must not submit any material which is prohibited by the Data Protection Act 1998, the General Data Protection Regulation, or any other applicable data protection or privacy legislation;
d) You may only upload or submit material to the Site which either you own or which you have the permission of the owner of that material to submit;
e) Upload, post, transmit, share, store or otherwise make available content that, in our sole judgement, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose us or other users of the Site to any harm or liability of any type.
3.2. We may, without notice, remove any content submitted by you to any part of the Site or any other content that in our sole judgement violates these Terms of Use or may be offensive or illegal or may violate the rights, harm or threaten the safety of any person.
3.3. While we shall always act in line with our obligations under applicable data protection laws, you acknowledge that any information that you post or upload to the Site may be seen by other users or administrators of the Site. If other members of the Site post material which is inaccurate, inappropriate, offensive (or does not comply with any of the provisions of these Terms of Use) you acknowledge that we shall have no responsibility or liability for such material.
3.4. You are responsible for your relationship with other members of the public using the Site. However, we reserve the right, but are not obliged, to monitor disputes between you and other members of the public.
3.5. If we believe that any material contained on the Site infringes the Intellectual Property Rights or other proprietary rights of any third person or is otherwise unlawful, then we shall have the right to immediately remove such material from the Site. We also reserve the right to remove any material submitted by you which we consider, in our absolute discretion, to be offensive, insulting, defamatory, obscene, indecent, objectionable or otherwise inappropriate or which is posted in breach of these Terms of Use.
3.6. You warrant and undertake that you own the Intellectual Property Rights in and to all User Generated Content that you submit to the Site or that you are otherwise entitled to submit the same to this Site.
4. Intellectual property
4.1. For the purposes of these Terms of Use, “Intellectual Property Rights” means patents, registered and unregistered trademarks and service marks, domain names, registered designs and design rights, copyright (including such rights in computer software and databases), database rights and moral rights (in each case for the full period thereof and extensions, revivals and renewals thereof), applications for the foregoing and the right to apply for any of the foregoing anywhere in the world, and all similar rights anywhere in the world including those subsisting in inventions, designs, drawings and computer programs.
4.2. We do not claim any ownership of any Intellectual Property Rights in the text, files, images, photos, works of authorship or any other materials (collectively “User Generated Content”) that you post to the Site. After posting any User Generated Content you retain all rights of ownership in it and you may use the User Generated Content in any way you choose (provided it does not breach any of these Terms of Use).
4.3. Notwithstanding the above, you hereby grant to us a licence to publicly perform, copy, reproduce, display, communicate to the public, modify, manage, distribute and store any of your User Generated Content as part of the Site or as part of any materials used to promote or advertise the Site anywhere in the world. You are free to use your User Generated Content outside of the Site in any way you choose and in turn we shall not distribute or sell any of your User Generated Content other than in connection with the Site. However, the licence you grant to us is royalty free and we will not be under any obligation to pay you for any of the User Generated Content on the Site.
4.4. Save in respect of the User Generated Content, all Intellectual Property Rights in and to the Site and all content and materials contained therein are owned by and shall remain owned by us or our licensors.
You may view, download and print any materials and information made available to you through the Site subject to the following conditions:
a) the material and information may only be used for your personal and non-commercial purposes;
b) the material and information shall not be reproduced or included in any other work or publication in any medium;
c) the material and information may not be modified or altered in any way;
d) the material and information may not be distributed or sold to any third party;
e) you may not remove any copyright or other proprietary notices contained in the material or the information.
4.5. For the avoidance of doubt, these Terms of Use are not intended to prevent you recording in manual form any individual item of information, or disclosing any individual item of information, free of charge, to friends or relations for non-commercial purposes provided that you take all reasonable steps to ensure that any person to whom you may disclose that
information complies with these Terms of Use.
4.6. Please contact [email protected] if you believe that content displayed on the Site has violated your copyright or other Intellectual Property Rights.
5. Links to and from other websites
This Site contains links to websites and microsites operated by third parties that are not under our control and are provided to you for your convenience only. We make no warranties or representations whatsoever about any other website which you may access through this Site or any services that they may provide. Without limiting the foregoing, these sites are in no way approved, vetted, checked or endorsed by us and you agree that we shall not be responsible or in any way liable for the content, accuracy, compliance with relevant laws or accessibility of any information, data, advice or statements or for the quality of any products or services available on such sites. If you choose to access a website beyond our control, you do so at your own risk. In addition, use of any such third-party website or microsite may be subject to your acceptance of additional terms and conditions.
6. Termination
6.1. Subject to any other applicable terms and conditions, we may remove the Site or cease the provision of any of the services available through the Site at any time in our sole discretion for any reason whatsoever.
6.2. Subject to any other applicable terms and conditions, in the event that you materially or persistently breach these Terms of Use, we may suspend your access to the Site until such breach is remedied. In the event of a serious breach or persistent breaches of these Terms of Use which you fail to remedy within 30 days of receiving written notification from us of the
breach(es), without prejudice to our other rights and remedies we shall be entitled to terminate your use of and access to the Site immediately without notice.
7. Disclaimer
7.1. While we endeavour to ensure that the information on the Site is correct, we do not warrant the accuracy and completeness of the material on the Site. Commentary and information is not intended to amount to advice and you should not rely on it without seeking independent advice for your circumstances. We may make changes to the material on the Site, or to the products and prices described in it, at any time without notice. The material on the Site may be out of date, and we make no commitment to update such material.
7.2. We will exercise all reasonable skill and care in providing the Site. Some materials and information on the Site are provided by third parties and therefore we are not able to guarantee the accuracy, completeness, currency or reliability of any such materials or information.
7.3. Therefore, except as expressly provided in these Terms of Use, the Site and all materials and information provided through it are provided on an “as is” basis without warranty of any kind, either express or implied (whether by common law, custom, statute or otherwise) and all other conditions, statements and warranties (including, but not limited to, any implied warranty of the fitness for a particular purpose of the Site or that your use of the Site will not infringe the rights of any third party) are hereby excluded to the fullest amount permissible by law. Without limiting the foregoing, we make no warranty that the Site and all materials and information provided through it will meet your requirements. Therefore, we advise you to check any materials or information provided to you through the Site as any reliance that you place on the accuracy, completeness, currency or reliability of that information is at your own risk.
8. Liability
8.1. Nothing in these Terms of Use shall exclude or limit our liability for:
a) death or personal injury caused by negligence; or
b) any loss suffered by you as a result of your reliance on any fraudulent misrepresentation made by us to you; or
c) any liability which cannot be excluded or limited under applicable law.
8.2. Subject to clause 9.1, you agree that we shall not be liable for:
(a) any direct loss, claim or damage;
(b) any indirect loss, claim or damage, or any punitive, special, incidental or consequential damages of any kind; or
(c) any loss of profit or loss of savings or loss or corruption of data (in each case whether direct or indirect), in each case whether based in contract, tort (including negligence), strict liability, or otherwise, which arises out of or is in any way connected with (i) any use of this Site or its contents including any User Generated Content on the Site; (ii) any failure or delay in the use of any component of the Site or any service including, without limitation, any unavailability of the Site or the services irrespective of the duration of any period of unavailability; or (iii) any use of or reliance upon any information, material, software, products, services and related graphics obtained through the Site, in all cases even if we have been forewarned of the possibility of such loss or damage.
8.3. Without limiting the effect of clause 9.2, due to the inherent risks of using the internet, we cannot be liable for any damage to, or viruses that may infect your computer equipment or any other property when using or browsing the Site. The downloading or other acquisition of any materials or information through the Site is done at your own discretion and
risk and with your agreement that you will be solely responsible for any damage to your computer system or loss of data that results from the downloading or acquisition of any such materials.
8.4. We will notify you of any such claims or proceedings and keep you informed as to the progress of such claims or proceedings.
9. Indemnity
You agree to indemnify and hold Artifax, its affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including legal fees incurred, arising out of or in connection with any User Generated Content you post or share on or through the Site, your use of the Site or the services provided through the Site, your conduct in connection with the Site or services provided or with other users of the Site, or any violation of these Terms of Use or of any law or the rights of any third party.
10. Data protection and privacy
We will only use any personal information that we may collect about you in accordance with our Privacy Policy. Please also read our Cookies Usage Policy to see how we use cookies on this Site. The Privacy Policy and the Cookies Usage Policy form an essential part of these Terms of Use and it is important that you read them. By accepting these Terms of Use you also accept and consent to our Privacy Policy and Cookies Usage Policy.
11. General
11.1. Any failure or delay by us to enforce any of our rights under these Terms of Use is not to be taken as or deemed to be a waiver of that or any other right unless we acknowledge and agree to such a waiver in writing.
11.2. These Terms of Use are not intended to be for the benefit of, and shall not be exercisable by, any person who is not a party to these Terms of Use under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
11.3. If any clause or part of a clause of these Terms of Use is, or becomes, invalid, illegal or unenforceable, then that clause or part of a clause shall be deemed to be deleted from these Terms of Use. Any such deemed deletion shall not affect the validity, legality or enforceability of the remainder of these Terms of Use.
11.4. The warranties, exclusions and the other express provisions of these Terms of Use and the Privacy Policy set out the full extent of our obligations and liabilities concerning its subject matter and supersede any previous agreements between the parties relating thereto. Subject to clause 8.1(b) you shall have no remedy in respect of any untrue statement made to you upon which you relied in entering into these Terms of Use other than any remedy you may have for breach of the express terms of these Terms of Use.
11.5. This Agreement is governed by the laws of England and Wales and the parties agree to submit to the exclusive jurisdiction of the English Courts.
12. ArtifaxAcademy Sessions
12.1 Cancellation Terms - Group Training and Consultancy
All ArtifaxAcademy group sessions will be delivered remotely at the date/s and time/s listed above. Please note that
confirmed session bookings are non-transferable and non-refundable.
In the unlikely event that Artifax should need to postpone or re-schedule a group remote session, an alternative mutually agreed
date and time will be offered. Under no circumstances will Artifax be liable for any consequential losses to the customer.
Please be aware that group sessions will be attended by ArtifaxEvent users from multiple organisations and will follow a set
syllabus as defined in the course description on Artifax's website (https://artifax.com/artifax-academy/). Course material will not be
specific to any individual attendee or organisation and will instead be based on common examples applicable to multiple
organisations and users. Further individual user/organisation-specific consultation or training sessions can be arranged as
required at additional cost.
By completing this purchase, you consent to Artifax recording the ArtifaxAcademy group session/s and agree to notify your
officers and employees of such recording and obtain any necessary consents thereof. Such recordings may be disseminated to
delegates and/or Artifax clients who cannot attend the event. Recordings are for individual use only and cannot be shared among
colleagues or outside of your organisation.
12.2 Agreement Terms
The completion of this purchase forms a legally binding agreement between the customer and Artifax Software Limited for the
services described above. You must not confirm acceptance unless this agreement falls within the scope of your delegated
signature and approval authority to execute and approve contracts on behalf of your organisation.
