Terms and Conditions
Terms & Conditions
These terms and conditions ("the Terms and Conditions") apply to
your use of the website under the domain name www.adlsmartcare.com
("the Site") and to any other correspondence that you may post to
the Website or send via email in response to a request for
information on the Site.
Your use of the Website indicates that you agree to be bound by
the Terms and Conditions, so please ensure that you read the Terms
and Conditions carefully before accessing the Website. If you do
not agree do these Terms and Conditions do not use the Website.
Please also refer to the Privacy Policy.
1. Definitions
1.1 "We, Us, Our" and related expressions refer to ADL Smartcare
Limited, a company incorporated in England with registration number
4456225, and with its registered address at Electric Works,
Sheffield Digital Campus, Sheffield, S1 2BJ. 1.2 "You, Your" and
related expressions refer to the user of the Site.
2. Use of Site
2.1 You are only permitted to use the Site in accordance with
these terms and conditions and for a lawful and proper purpose
which include, obtaining information on the ADL Smartcare Limited
services and products and viewing a demonstration of our
systems.
2.3 You may not:
2.3.1 use the Site in any way which
may infringe the rights of ADL Smartcare Ltd or any third
party;
2.3.2. post, transmit or disseminate any information on or via the
Site which is obscene, defamatory or in any other way
unlawful;
2.3.3 obtain or attempt to obtain unauthorised access to the Site
or do anything to interfere with the functionality of the
Site;
2.3.4 alter, deface or interfere with the Site in any way;
2.3.5 attempt to copy, sell lease, rent, sublicense or grant any
rights in any part of the Site;
2.3.6 post any material which could be technically harmful to the
Site.
2.4 We reserve the right, to be exercised in Our sole
discretion, at any time and without notice to terminate or restrict
Your access to the Site or any component thereof.
3. Ownership of Intellectual Property
3.1 The copyright of the Site in its text, designs, graphics,
arrangement and compilation of data belongs to ADL Smartcare
Limited and/or Our holding company or companies, subsidiaries,
third party providers and distributors.
3.2 The Site is protected by International Copyright treaties,
Pending Patents and the European Database Directive.
3.3 The trade marks, logos and service marks displayed on the Site
(collectively, the "Trade Marks") include registered or
unregistered trade marks belonging to ADL Smartcare Limited, Our
affiliates, and various third parties.
3.4 Nothing contained on The Site should be construed as granting,
by implication, estoppel, or otherwise, any license or right to use
any of the trade marks without the written permission of the owner
of the trade marks.
3.5 Neither the Site, nor any part of it may be reproduced,
adapted, stored in a data storage or retrieval system or
transmitted in any form or by any means without Our prior written
permission, except as expressly permitted by law.
3.6 You are not permitted to:
3.6.1 alter or modify the documents
or graphics, designs, arrangement and compilation of data;
3.6.2 delete text from graphics;
3.6.3 use any logos or Trade Marks belonging to ADL Smartcare Ltd
and/or Our holding company or companies, subsidiaries, third party
providers and distributors. 3.6.4 any information which is marked
as belonging to a third party owner, may not be copied without the
permission of the owner of the copyright.
3.7 If you transmit or post any information on the Site, it will
be considered non-confidential and non-proprietary (with the
exception of personal data) and may be used freely by ADL Smartcare
Limited for all commercial and non-commercial purposes.
4. Access and availability of the Website
4.1 ADL Smartcare Limited will use all reasonable endeavours to
ensure that the Site is available to users 24 hours a day, 7 days a
week. However, We shall not be liable if for any reason the Site is
unavailable for a period of time.
4.2 ADL Smartcare Limited reserves the right to temporarily
suspend the Site in the event of maintenance, repair or for any
other reason, where it is considered necessary by Us.
5. Age and Responsibility
5.1 You represent that You are of sufficient legal age and
capacity to use the Site and to create binding legal obligations
for any liability You may incur as a result of the use of the
Site.
5.2 You represent that all personal information submitted to Us
during member registration is correct.
5.3 You are financially responsible for all uses of the Site by
You and those using Your login information.
5.4 If You have reason to believe at any time that Your password
has been compromised, You undertake to notify us immediately.
6. Privacy Policy
6.1 ADL Smartcare Limited takes your privacy seriously. We will
process all personal data transmitted to the Site in accordance
with the Data Protection Act 1998 and in line with our Privacy
Policy. Please note that the Privacy Policy will not cover any
third party websites to which we may provide links.
6.2 Use of Your personal information will in all cases be with
Your consent and subject to any rights You may have as a Data
Subject under the Data Protection Act 1998 as amended from time to
time.
6.3 If you would like to make a data subject request under the
Data Protection Act 1998; please contact the following: The Data
Controller, ADL Smartcare Limited. Electric Works. Sheffield
Digital Campus, Sheffield. S1 2BJ.
6.4. We may make a nominal charge for each data subject
request.
7. Review of Transmissions
7.1 You agree that if You submit suggestions, ideas, comments or
questions or post any other information on the Site, You grant Us
and Our affiliates a worldwide, non-exclusive, royalty-free,
perpetual, irrevocable, and fully sub-licensable right to use,
reproduce, modify, adapt, publish, translate, create derivative
works from, distribute and display such content in any form, media
or technology. We take no responsibility and assume no liability
for any content posted or submitted by You.
8. Exclusion of Warranties
8.1 We use reasonable endeavours to ensure that the data
supplied on the Site is accurate, and We rectify errors and
omissions as soon as We become aware of them. To further reduce
risk of error We only deal as far as possible with professionally
assessed information. However We cannot and do not verify or
endorse information submitted to Us by third parties and posted on
The Site. Accordingly We disclaim all warranties and
representations as to the accuracy of any such information posted
on The Site. It is essential that you verify the suitability of any
product, service or advice for your own situation.
8.2 Your attention is drawn to the fact that when purchasing goods
or services from a third party supplier through The Site, You may
be subject to further terms and conditions in respect of such goods
or services purchased, which may be imposed by such third party
supplier. Your acceptance of such terms and conditions is at Your
own risk.
8.3 Whilst We make every possible effort to ensure that Your use
of The Site is trouble-free, We do not warrant that The Site will
operate free from error, nor do We warrant that use of The Site
will not result in damage to Your computer or Your computer
becoming infected with a computer virus or other harmful
components. You are therefore advised to take suitable precautions
and to use Your own anti-virus software at all times.
9. Limitation of Liability
9.1 ADL Smartcare Limited and any other party involved in
creating, producing, maintaining or delivering the Site, exclude
all liability and responsibility for any loss or damage that may
result to you or a third party (including, without limitation, any
direct, indirect, punitive or consequential loss or damages, or any
loss of income, profits, goodwill, data, contracts, use of money,
or loss or damages arising from or connected in any way to business
interruption, and whether in tort, contract or otherwise) which
arises out of or is in any way connected with:
9.1.1 any use of the Site or content
found herein,
9.1.2 any failure or delay (including, but not limited to the use
of or inability to use any component of the Site for advice or
service booking), or
9.1.3 the performance or non-performance by Us or any third party
providers or distributors, even if such party has been advised of
the possibility of damages to such parties or any other party.
9.2 If, notwithstanding the foregoing, We should be found liable
for any loss or damage which arises out of or is in any way
connected with any of the above described functions or uses of the
Site or its content, Our liability shall in no event exceed, in the
aggregate the cost incurred of the advice, product or
service.
9.3 ADL Smartcare Limited also excludes liability for the use or
inability to use the Website or any materials on it, or any
websites linked to the Website.
10. Links
10.1 The Site may contain links to other websites. ADL Smartcare
Limited does not approve, endorse or check any third party websites
and shall not be responsible for any information, materials,
products or services provided on the third party website.
10.2 If you access any third party website you do so entirely at
your own risk.
11. Changes to the Website
11.1 ADL Smartcare Limited may make improvements and changes to
the Site, the information contained in the Site or any services
provided by Us. We reserve the right to make such changes without
notice and without liability to you. Your continued use of the Site
constitutes acceptance of the changes.
11.2 ADL Smartcare Limited may amend the Terms and Conditions at
any time without notice and you should therefore check the Terms
and Conditions regularly. Your continued use of the Website
constitutes acceptance of the changes.
12. Disclaimer of Warranties
12.1 The Site is provided "as is" without any representation or
warranties (either express or implied), conditions or other terms
of any kind. ADL Smartcare Limited exclude all liability for any
loss or damage to the full extent permitted by law.
12.2 We will endeavour to ensure the accuracy and completeness of
the Site. We shall not however, be responsible for any errors,
omissions or out of date information on the Site. The information
provided by Us on the Site represents Our view on the particular
issue. If you are placing reliance upon any information on the
Site, you are strongly advised to seek your own legal advice.
12.3 We shall not be responsible for any disruption of the Site or
loss or corruption of any information whilst in transit or when
downloaded onto any computer system.
13. General
13.1 The Terms and Conditions may be varied by ADL Smartcare
limited only.
13.2 You may not assign or transfer any rights or obligations
under the Terms and Conditions. We may assign or transfer any
rights or obligations to any third party.
13.3 Headings are inserted for your convenience and shall not
affect the interpretation of the Terms and Conditions.
13.4 If any part of the Terms and Conditions are found to be
invalid, unenforceable or illegal, the other provisions shall
remain in force.
13.5 The Contracts (Rights of Third Parties) Act 1999 shall not
apply to the Terms and Conditions
13.6 Reference to any statute or statutory provisions includes a
reference to the statute or statutory provision as from time to
time amended, extended or re-enacted.
13.7 The Terms and Conditions are governed by and construed in
accordance with English law.
13.8 ADL Smartcare Limited is a private limited company.
13.9 Any action You bring against Us pertaining to or in
connection with this web site must be commenced and notified to Us
in writing within one (1) year after the date the cause for action
arose.
Version: This version of our terms and conditions of use was
produced on 23rd September 2009 at 13:30.
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