“Administrator” means Mandon Software Limited, a company registered in England and Wales with the registered company number 03641499 and a registered office at 5th Floor, Minories House, 2-5 Minories, London EC3N 1BJ
“Login” means any email address and password issued or accepted by the Administrator from time to time which enables a User to have access to certain elements of the Website from time to time made available to the User;
“Terms” means the terms and conditions set out herein;
“Use” means any general use of the Website including but not limited to viewing information and registering or amending your Login;
“User” means any person who Uses the Website;
2.1 The Website is owned and managed by the Administrator. All information supplied on the Website is managed by the Administrator.
2.2 The Administrator can be contacted by writing to Mandon Software Limited at Alanbrooke House, Castlereagh Business Park, 478 Castlereagh Road, Belfast BT5 6BQ or by email via the Contact Us form at the Website.
3.1 By Using the Website you warrant that you have the right, authority and capacity to enter into and be bound by these Terms and that you agree to be bound by these Terms forthwith.
3.2 In the event that the Administrator, in its sole discretion, considers that you are making any illegal and/or unauthorised Use of the Website, and/or your Use of the Website is in breach of these Terms, the Administrator reserves the right to take any action that they deem necessary, including terminating without notice your Use of the Website and, in the case of illegal Use, instigating legal proceedings.
3.4 The Administrator may suspend the Website for any reason whatsoever, including but not limited to repairs, planned maintenance or upgrades, and shall not be liable to you for any such suspension.
3.5 The Administrator reserves the right to make any changes to the Website or to discontinue any aspect or feature of the Website without notice.
4.1 These Terms will remain in full force and effect while you are a User of the Website.
4.2 The Administrator may, at any time and for any reason, terminate these Terms with you, deny you access to the Website and delete any Login.
4.3 In the event of termination of these Terms for any reason, you must not attempt to Use the Website and you must immediately destroy all information downloaded or printed off the Website.
4.4 Clauses 4 to 8 inclusive shall survive termination of these Terms for any reason, and shall be valid and enforceable against you.
5.1 The Administrator owns or has a licence to use all right, title and interest in and to the Website, including without limitation all copyright and any other intellectual property rights therein. These Terms shall not be construed to convey title to or ownership of the Website or the data contained therein to the User. All rights in and to the Website not expressly granted to User are expressly reserved by the Administrator.
5.2 You are expressly prohibited from:
5.2.1 Reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the Website; and
5.2.2 Removing, modifying, altering or using any registered or unregistered marks/logos owned by the Administrator, and doing anything which may be seen to take unfair advantage of the reputation and goodwill of the Administrator or could be considered an infringement any of the intellectual property rights owned and/or licensed to the Administrators without first obtaining the written permission of the Administrator.
6.1 Other than in relation to specific paid for services governed by other terms, the Administrator provides Users with access to the Website free of charge and, to the maximum extent permitted by law, the Administrator shall not be liable for any loss, injury or damage caused in whole or in part by the Website or the information provided therein, or by any failure, delay, interruption or otherwise of the provision of the Website or the information provided therein, or by the Administrator’s failure to perform any of its obligations under these Terms.
6.2 In no event shall the Administrator be liable for any special, indirect, incidental or consequential damages, including loss of profits and goodwill, business or business benefit.
6.3 The information provided on the Website by the Administrator is intended as information only and does not constitute advice. Therefore, it must not be relied on to assist in making or refraining from making a decision, or to assist in deciding on a course of action.
6.4 Where the Website includes views, opinions, advice and recommendations, these views, opinions, advice and recommendations are not endorsed by the Administrator and, to the maximum extent permitted by law, the Administrator shall not be liable on account of the accuracy, defamatory nature, completeness, timeliness or otherwise of such views, opinions, advice and recommendations.
6.5 To the maximum extent permitted by law, the Administrator expressly excludes all representations, warranties, obligations and liabilities in connection with the Website or other third party websites, and the information provided therein.
7.1 The Administrator is committed to protecting (i) the privacy of Users; and (ii) the confidentiality of the information provided to it by Users Using the Website.
7.2 The Administrator is the data controller of your data submitted using the website. The Administrator is registered under the Data Protection Act 1998 (DPA) and complies with the DPA in all its dealings with your personal data.
7.3 The Administrator reserves the right to gather information relating to Use of the Website. By Using the Website you consent to collection and use of this information by the Administrator.
7.4 Links to third party websites may appear on the Website. Such third party websites are not the responsibility of the Administrator and the Administrator accepts no responsibility for the availability, suitability, reliability or content of such third party websites and does not necessarily endorse the views expressed within them.
8.1 You may print and keep a copy of these Terms, which, subject to the terms and conditions governing the supply of specific goods and/or services, form the entire agreement between you and the Administrator and supersede any other communications or advertising with respect to the Website.
8.2 These Terms may only be modified with the prior written consent of the Administrator. The Administrator may alter or amend these Terms at any time, with immediate effect without notice. By continuing to Use the Website after such alteration, you will be deemed to have accepted any amendment to these Terms.
8.3 These Terms and their performance shall be governed by and construed in accordance with the laws of England and the parties hereby submit to the exclusive jurisdiction of the courts of England and Wales.
8.4 You shall comply with all foreign and local laws and regulations which apply to your Use of the Website in whatever country you are physically located, including without limitation, consumer law, export control laws and regulations.
8.5 You agree that because of the unique nature of the Website and the Administrator’s proprietary rights therein, a demonstrated breach of these Terms by you would irreparably harm the Administrator and monetary damages would be inadequate compensation. Therefore, you agree that the Administrator shall be entitled to preliminary and permanent injunctive relief, as determined by any court of competent jurisdiction to enforce the provisions of these Terms.
8.6 If any provision of these Terms is declared void, illegal, or unenforceable, the remainder of these Terms will be valid and enforceable to the extent permitted by applicable law. In such event, the parties agree to use their best efforts to replace the invalid or unenforceable provision by a provision that, to the extent permitted by the applicable law, achieves the purposes intended under the invalid or unenforceable provision.
8.7 Any failure by any party to these Terms to enforce at any time any term or condition under these Terms will not be considered a waiver of that party’s right thereafter to enforce each and every term and condition of these Terms.
8.8 Neither party will be responsible for delays resulting from circumstances beyond the reasonable control of such party, provided that the nonperforming party uses reasonable efforts to avoid or remove such causes of non-performance and continues performance hereunder with reasonable dispatch whenever such causes are removed.
8.9 Nothing in these Terms shall give, directly or indirectly, any third party any enforceable benefit or any right of action against the Administrator and such third parties shall not be entitled to enforce any term of these Terms against the Administrator.