Terms & Conditions for Website
IMPORTANT: THESE TERMS CONTAIN EXCLUSIONS AND LIMITATIONS OF LIABILITY
Document version dated 22 August 2024
1. INFORMATION ABOUT US
These Terms of Use (“Terms”) shall govern your access and use of the Website operated by Adaptavist UA LLC ("we", "us" or "our") as well as your access and use of related Materials (as defined below) on the Website.
Adaptavist UA LLC is part of The Adaptavist Group. The Adaptavist Group is a multinational group of companies operating worldwide. Information and contact details of Adaptavist UA LLC and its affiliates can be found in the Legal Notice.
An individual Website may also contain notices or supplementary terms and conditions of various forms, in which case terms outlined in such notices or terms and conditions, in combination with the terms below, shall then constitute the “Terms.” If there is a conflict between the notices or supplementary terms found on an individual Website and the terms below, the notices or supplementary terms on an individual Website shall take precedence with respect to your use of that Website.
2. ACCEPTANCE OF TERMS
By accessing or using a Website or the materials provided on a Website, you agree to be bound by these Terms, including the Privacy Policy, Legal Notice, Disclaimers and Policies contained on this Website, as amended from time to time. If you do not accept the Terms of Use, you must stop visiting or using our Website without undue delay.
The Website is not intended for use by minors (persons under the age of 18). The use of the Website by minors is expressly prohibited.
3. RIGHT TO CHANGE, MODIFY OR DELETE THE TERMS OF USE
Adaptavist UA LLC reserves the right to change, modify, add or delete sections of the Terms of Use at any time, with or without prior notice. These Terms of Use are effective from the date on which they are made available online. Amendments to these Terms will be effective upon publication and operate as a condition of your continued use of the Website or Materials. Please read the Terms periodically in order to be aware of any changes we may have made to the Terms. Use of the Website will be subject to the version of the Terms available on the Website at the time of such use.
The proprietary rights, disclaimer of warranties, indemnities and limitations of liability shall survive any termination of the Terms.
4. PURPOSE OF THE WEBSITE
The Website provides information about the services offered by Adaptavist UA LLC.
If you are interested in our Services, please complete the contact form on the website. We will contact you as soon as possible. Alternatively, you can contact us via the contact details in our Legal Notice.
If you are interested in Adaptavist Group Products, please complete the contact form on the website. We will contact you as soon as possible. Please note that Adaptavist Products are governed by the End User Licence Agreement (“EULA”), which can be found here.
If you are interested in products offered by third-parties that we resell, please refer to the respective third party’s website terms and conditions, end user licence agreements, privacy policy or any other relevant documentation applicable.
5. PERSONAL DATA
Adaptavist UA LLC Privacy Policy Terms form part of these Terms of Use. Before browsing and providing any personal data, please inform yourself of our Privacy Policy, which is available here.
6. USE OF COOKIES
Adaptavist UA LLC uses cookies to optimise the presentation of our Website. You can find out more information about the cookies we collect in our Privacy Policy. You can also customise cookies on your computer, which is available.
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7. INTELLECTUAL PROPERTY RIGHTS
All products, goods, software, scripts (including hosted software as a service or similar services) are known as the “Software”. All documents, web pages, logos, blogs, videos, graphics, sounds,images, trademarks, trade names, are known as “Content.” Software and Content, together, along with anything else on the Website, are known as “Materials,”; all Materials on the Website were provided by Adaptavist UA LLC, its affiliates or to Adaptavist UA LLC by the respective manufacturers, authors, developers, partners, vendors, clients of the Materials (the “Third Party Material Providers”). All Materials are the intellectual property of Adaptavist UA LLC, its affiliates and/or the relevant Third Party Material Providers. Except as stated herein or expressly on the Website, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted or otherwise used in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of Adaptavist UA LLC, its affiliates and, if applicable, the Third Party Material Provider.
For avoidance of doubt, you also may not, without our prior express written permission, link to or “mirror” any Website or any Material contained on a Website. Furthermore, any usage rights for Adaptavist Group or its affiliates products shall be subject to rights and restrictions as detailed within the published End User License Agreement (“EULA”) and/or terms associated with that product.
7.1. NO LICENCE
Furthermore, nothing on this Website shall be construed as conferring any licence under any of Adaptavist UA LLC, its affiliates’ or any Third Party Provider’s intellectual property rights, whether by implication, or otherwise. You acknowledge sole responsibility for obtaining any such licences.
7.2. UNAUTHORISED OR UNLAWFUL USE
Any unauthorised use of any Materials contained on the Website may violate copyright laws, intellectual copyright laws, trademark laws, the laws of privacy and publicity, and various regulations and statutes.
You agree not to use this site nor any Materials for any unlawful purposes, or for any purposes that would violate the Terms.
7.3. YOUR CONTENT
You undertake that any material that you upload or otherwise share on or through the Website is material for which you have the right and authority to share. Unless otherwise specifically stated in these Terms, you grant Adaptavist UA LLC and its affiliates a worldwide, perpetual, royalty-free, irrevocable, nonexclusive, fully sublicensable licence to use, reproduce, modify, adapt, translate, publish, publicly perform, publicly display, broadcast, transmit and distribute the material for whatever purposes, commercial or otherwise, Adaptavist UA LLC chooses.
8. YOUR USE OF THE WEBSITE
You undertake to use the Website in a reasonable and appropriate way for which it was established, and not in any way that might overload or stress the Website. You furthermore undertake not to attempt to reverse engineer any part of the site or gain access to areas of the site or Materials to which you are not clearly entitled.
You may only use this website for purposes permitted by law. You are prohibited from uploading, distributing, submitting or posting through the Website any unlawful content, including but not limited to:
- violates the rights of third parties, such as content that infringes copyrights, trademarks, patents or trade secrets
- violates the right of privacy
- violates the applicable criminal or civil law
- contains computer viruses, worms, moles or other contaminating or destructive element
- is defamatory, obscene, pornographic, abusive, harassing, threatening
9. THIRD PARTY CONTENT DISCLAIMER
Materials provided by Third Party Materials Providers have not been verified in whole or in part by Adaptavist UA LLC.
Adaptavist UA LLC is committed to respecting others’ intellectual property rights, and we require our users to do the same. Adaptavist UA LLC may, at its sole discretion, terminate the accounts or access rights of users who infringe or otherwise violate others’ intellectual property rights.
If you believe that your work has been copied in a way that constitutes copyright infringement on our Website, please contact us at https://www.adaptavist.com/contact/.
10. LIMITATION OF LIABILITY
The Website and the Materials are provided ‘as is’ and all express or implied conditions or guarantees are disclaimed to the maximum extent permitted by law. Responsibility for the use of this Website rests solely and exclusively with the User. The User is solely responsible for and bears the sole risk of loss resulting from downloading, accessing or using the Website and/or its content.
Adaptavist UA LLC excludes, to the fullest extent permitted by law, any liability for damages of any kind arising from:
- The impossibility or difficulty of accessing the website or the lack of truthfulness, accuracy, completeness and/or timeliness of the contents, as well as the existence of vices, errors and defects of any kind, as well as the lack of usefulness, suitability or validity of the contents transmitted, disseminated, stored, made available, which have been accessed through the website, as well as direct or indirect damage in relation to the use of the information or elements contained therein.
- The wilful or negligent actions of the user, or those originating from force majeure and any others beyond the control of Adaptavist UA LLC.
- Access to the Website does not imply any obligation on the part of Adaptavist UA LLC to control the absence of viruses or any other harmful computer element. It is the responsibility of the User, in any case, to ensure the availability of adequate tools for the detection and disinfection of harmful computer programs.
- Any damage or harm to the User's software or hardware arising from access to the Website and/or the Contents.
Adaptavist UA LLC will use reasonable efforts to protect the information that the User submits when contacting Adaptavist UA LLC, for example, through a form. In this context the User accepts the sole risk of the information being made available. Adaptavist UA LLC excludes, to the extent permitted by law, any liability arising from the provision of information by the User.
11. LINKS TO THIRD PARTY SITES
Our Website may refer directly or indirectly to third-party Websites (so-called "Links to Third Party sites"). Adaptavist UA LLC disclaims any liability in relation to the content of such Third-Party sites. The respective owner of the Third Party Site is always responsible for the content and accuracy of the information made available on such Third-Party site(s). Adaptavist UA LLC does not claim ownership of the linked content and does not declare any co-operation in the creation of the content, unless otherwise expressly stated in the specific content. The linked sites have their own terms of use and privacy policies, which the user is responsible for reading when accessing them.
Adaptavist UA LLC is providing these links to you only for your convenience, and the inclusion of any link to such sites does not imply endorsement by Adaptavist UA LLC of those sites. You bear all risks associated with your access, or use, of those sites and any Third Party content, products and services available on or by means of those sites.
No legal infringements were recognisable by Adaptavist UA LLC at the time of linking. If we become aware of any legal infringements, we will remove such links without undue delay.
12. LOCAL LAWS, EXPORT CONTROL
Adaptavist UA LLC controls this Website from Ukraine and makes no representation that the Materials are appropriate or available for use in other locations. If you use this Website from other locations, you are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries.
You acknowledge and agree that Materials are subject to the Laws of Ukraine. You agree that none of the Materials, nor any direct product therefrom, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for nuclear activities, chemical biological weapons, or missile projects unless authorised by the Ukrainian Government.
13. APPLICABLE LAW
Any action related to these Terms will be governed by Ukrainian law. Any disputes relating to these Terms will be governed by and construed in accordance with the applicable laws of Ukraine and shall be submitted to the exclusive jurisdiction of the Ukrainian courts. Notwithstanding the foregoing, Adaptavist UA LLC may bring a claim for equitable relief in any court with proper jurisdiction. If any of these terms are found to be inconsistent with applicable law, then such Terms shall be interpreted to reflect the intentions of the parties and no other terms will be modified.
Adaptavist UA LLC failure to enforce any of the terms in these Terms is not a waiver of such terms. The Terms are the entire agreement between you and Adaptavist UA LLC and/or its affiliates and supersede all prior or contemporaneous negotiations or discussions, written or oral, between you and Adaptavist UA LLC about the Website.