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.
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