|
2. Access to the Website and content
2.1 We will endeavour to allow uninterrupted access to the Website, but access to
the Website may be suspended, restricted or terminated by us at any time.
2.2 We reserve the right to change, modify, substitute, suspend or remove without
notice any information or service on the Website from time to time.
2.3 You may not link this Website to any other website. We do not make any representations,
warranties or undertakings about the content or services of any other websites to
or from which the Website has links and we do not endorse or approve the content
of such third party websites.
3. Intellectual Property
3.1 In consideration of agreeing to your use of this Website, you acknowledge
that the copyright and all other intellectual property rights in the material contained
in the Website, together with the website design, text and graphics, and their selection
and arrangement, and all software compilations, underlying source code and software
(including applets) belongs to us or our licensors. All rights are reserved. None
of this material may be used, transferred, reproduced or redistributed without our
prior written permission. You may, however, download or print a single copy for
your own non-commercial off-line viewing.
3.2 You shall retain ownership of the data you submit to the Website. You grant
us a world-wide, royalty-free, non-terminable licence to use, copy, distribute,
publish and transmit such data in any manner.
3.3 You may only use the trademarks featured in our Website for the purpose of displaying
this Website on your computer screen or printing out this website on your printer
in accordance with paragraph 3.1 above.
4. Exclusions of liability
4.1 We use reasonable endeavours to ensure that the data on the Website is accurate
and to correct any errors or omissions as soon as practicable after being notified
of them.
However, we do not guarantee that the Website will be fault free and we exclude
liability for any errors or omissions to the maximum extent permitted by applicable
law.
4.2 We do not give any warranty that the Website is free from viruses or anything
else which may have a harmful effect on any technology.
4.3 Due to the nature of electronic transmission of data over the Internet, any
liability we may have for any losses or claims arising from an inability to access
the Website, or from
any use of the Website or reliance on the data transmitted using the Website, is
excluded to the fullest extent permissible by law.
4.4 Nothing in these terms and conditions excludes or limits our liability for death
or personal injury caused by our negligence or for our fraud.
4.5 Subject to the liability which we accept in clause 4.4: (a) our aggregate liability
to you arising out of or in connection with this agreement or use of the Website
shall not exceed the fees paid by you for your use of the Service in the preceding
12 months; and (b) we shall not be liable in contract, tort or otherwise howsoever
arising out of or in connection with this agreement or use of the Website for any
indirect loss, consequential loss, loss of profits, data, revenue, business opportunity,
anticipated savings, goodwill or reputation.
4.6 Your use of the any of the Service provided by us through the Website shall
be subject to any additional terms (including terms relating to the exclusion of
liability) which may apply to those Services.
5. Investor Relations
5.1 The information on the Investor Relations pages of the Website (www.thedx.co.uk/investors)
is intended to be useful and informative for customers, investors, the media and
others who are interested in DX. Whilst DX has used reasonable care
to ensure that the information on the Investor Relations pages is accurate at the
time it is published, no representations or warranties are made (express or implied)
as to the reliability, accuracy or completeness of such information. Neither DXnor
any of its affiliates or employees shall be liable for any losses or damage that
anyone may suffer as a result of relying on any information, including, without
limitation, any loss of profit, indirect, incidental or consequential loss.
5.2 The information contained in the Investor Relations pages is not intended to
be and should not be construed as an invitation or inducement to invest or otherwise
deal in shares or other securities of DXor engage in any other form of investment
activity.
6. Financial Information
6.1 Neither an audit nor a review provides assurance on the maintenance and
integrity of the website, including controls to achieve this, and in particular
whether any changes may have occurred to the financial information since first published.
These matters are the responsibility of the directors but no control procedures
can provide absolute assurance in this area.
6.2 Legislation in the United Kingdom governing the presentation and dissemination
of financial information differs from legislation in other jurisdictions.
7. Data submitted by you
You warrant that you have taken all reasonable precautions to ensure that any
data you submit to the Website is true and accurate and free from viruses and anything
else which may have a contaminating or destructive effect on any part of the Website
or any other technology.
8. Payment
You shall pay any applicable registration fees and/or other charges incurred
by you in accordance with the payment provisions set out on the Website from time
to time.
9. Data protection
We are committed to protecting your privacy. Our privacy practices are set out
in our Privacy Policy [Insert link to Privacy Policy]. We may disclose your details
or access your account where this is necessary for your use of the Services or if
required to do so by law or any other applicable regulator, compliance monitor,
Governmental or law enforcement agency.
10. Termination
10.1 We may terminate or suspend your access to the Website and/or the services
within it at any time.
10.2 All disclaimers, indemnities and exclusions in these terms and conditions shall
survive termination of the agreement between us for any reason.
11. General
11.1 The content of this Website is directed solely at those who access the
Website from the United Kingdom. We make no representation that any product or service
referred to in this Website is available or otherwise suitable for use outside of
the United Kingdom.
11.2 If any provision of this agreement is held to be unlawful, invalid or unenforceable,
that provision shall be deemed severed and the validity and enforceability of the
remaining provisions of this agreement shall not be affected.
11.3 If we fail to enforce a right under this agreement, that failure will not prevent
us from enforcing other rights, or the same type of right on a later occasion.
11.4 We may modify these terms and conditions at any time. We will place a notice
on the homepage of the Website for [14] days after any such modification is made
in order to draw your attention to the fact that these terms and conditions have
been. Your continued use of the Website signifies your acceptance of such modifications.
11.5 Except as set out in clause 10.7, neither party may assign or transfer any
of its rights under these terms and conditions without the prior written consent
of the other.
11.6 We do not take responsibility for any event which is outside our reasonable
control nor for any consequential loss arising from such an event.
11.7 We may assign or transfer any of our rights under this agreement on giving
notice to you.
11.8 Unless expressly provided in this agreement, no term of this agreement is enforceable
pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is
not a party to it.
12. Governing law
These terms and conditions are governed by and construed in accordance with
English law. Any disputes shall be subject to the exclusive jurisdiction of the
English courts, to which each party submits.
|
