PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

WHAT DO THESE TERMS CONTAIN?

These terms tell you the rules for using our websites www.pathcloud.net and www.pathcloud.life (including the “PathCloud”® interactive web application owned and operated by us and accessed via www.pathcloud.life) (together “our sites”).

WHO WE ARE AND HOW TO CONTACT US

Our sites are operated by PathCloud Ltd ("we"). We are a limited liability company registered in England and Wales under company number 09213639 and have our registered office at Broadway House, 149-151 St. Neots Road, Hardwick, Cambridge CB23 7QJ, United Kingdom. Our main trading address is 184 Cambridge Science Park, Cambridge CB4 0GA, United Kingdom.

To contact us, please email sales@pathcloud.net (to enquire about registering an account with us) or info@pathcloud.net (for any other matter), or telephone +44 (0)845 527 5994.

BY USING OUR SITES, YOU ACCEPT THESE TERMS

By using our sites, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms, you must not use our sites. We recommend that you print a copy of these terms for future reference.

THERE ARE OTHER TERMS THAT MAY APPLY TO YOU

These terms of use incorporate by reference our Privacy Notice, which sets out the terms on which we process any personal data that we collect from you or that you provide to us. By using our sites, you consent to such processing and you warrant that all data provided by you is accurate.

If you wish to purchase services from our sites, you may be asked to agree to additional terms and conditions prior to your registration being accepted by us.

WE MAY MAKE CHANGES TO THESE TERMS

We may amend these terms from time to time. Every time you wish to use our sites, please check these terms to ensure you understand the terms that apply at that time. The date that these terms were most recently updated is shown at the end of this document.

WE MAY MAKE CHANGES TO OUR SITES

We may update and change our sites from time to time (including changing their URLs) to reflect changes to our services, our users' needs and our business priorities, or for any other reason.

WE MAY SUSPEND OR WITHDRAW OUR SITES

Our sites are made available free of charge (although certain services may involve payment).
We do not guarantee that our sites, or any content on them, will always be available, uninterrupted or error-free. We may suspend or withdraw or restrict the availability of all or any part of our sites for business or operational reasons.
You are also responsible for ensuring that all persons who access our sites through your Internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at Support@PathCloud.net.

HOW YOU MAY USE MATERIAL ON OUR SITES

Unless otherwise stated, we are the owner or the licensee of all intellectual property rights in our sites and in the material published on them. Those works are protected by copyright and trademark laws and by treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our sites for your personal use and you may draw the attention of others within your organisation to content posted on our sites.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our sites must always be acknowledged.
You must not use any part of the content on our sites for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of our sites in breach of these terms of use, your right to use our sites will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

DO NOT RELY ON INFORMATION ON THE SITES

Unless otherwise expressly stated, the content on our sites is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our sites.
Although we make reasonable efforts to update the information on our sites, we make no representations, warranties or guarantees, whether express or implied, that the content on our sites is accurate, complete or up to date.

WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO

Where our sites contain links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources.

USER-GENERATED CONTENT IS NOT APPROVED BY US

Our sites may include information and materials uploaded by other users of the sites, including to bulletin boards and chat rooms. This information and these materials are not verified or approved by us unless otherwise stated. The views expressed by other users on our sites do not necessarily represent our views or values. We do not endorse any services that may be available on our sites that are provided by third parties.
If you wish to complain about information and materials uploaded by other users, please contact us on Support@PathCloud.net.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

• We do not exclude or limit in any way our liability to you where it would be unlawful to do so. In the United Kingdom this includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
• Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any services to you, which will be set out in our separate terms and conditions of supply.
• We exclude all implied conditions, warranties, representations or other terms that may apply to our sites or any content on them.
• We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
• • use of, or inability to use, our sites; or
  • use of or reliance on any content displayed on our sites.
• In particular, we will not be liable for:
• • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

UPLOADING CONTENT TO OUR SITES

Any content that you upload to our sites will be considered non-confidential and non-proprietary unless otherwise agreed. You retain all of your ownership rights in your content, but you are required to grant us and other users of our site a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in the relevant terms and conditions relating to the supply of services. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our sites constitutes a violation of their intellectual property rights, or of their right to privacy.
We have the right to remove any posting you make on our sites if, in our opinion, your post does not comply with acceptable content standards.
You are solely responsible for securing and backing up your content.

WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM

We do not guarantee that our sites will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our sites. You should use your own virus protection software.
You must not misuse our sites by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our sites, the servers on which our sites are stored or any server, computer or database connected to our sites. You must not attack our sites via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our sites will cease immediately.

RULES ABOUT LINKING TO OUR SITES

You may link to our home pages, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our sites in any website that is not owned by you.
Our sites must not be framed on any other site, nor may you create a link to any part of our sites other than the home page.
We reserve the right to withdraw linking permission without notice.
If you wish to link to or make any use of content on our sites other than that set out above, please contact Support@PathCloud.net.

COOKIES

Our sites use cookies to distinguish you from other users of our sites. Further information can be found in the relevant section of our Privacy Notice.

WHICH COUNTRY'S LAWS APPLY TO ANY DISPUTES?

These terms of use, their subject matter and their formation are governed by English law.
If you are a consumer, you and we agree that the courts of England and Wales will have exclusive jurisdiction, except that if you are resident of Scotland you may also bring proceedings in Scotland, and if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland.
If you are a business, we both agree that any dispute arising under or in connection with these terms or in any way connected with the sites and your use thereof shall be settled finally under the then-current Rules of Arbitration of the London Court of International Arbitration (the “Rules”) by one arbitrator, appointed by the London Court of International Arbitration in accordance with the said Rules. The Rules are hereby deemed to be incorporated by reference. The place and seat of the arbitration shall be London, United Kingdom, and shall be conducted in the English language. We both hereby expressly waive any right of appeal to any court having jurisdiction on any question of fact or law. The arbitrator shall have no authority to award exemplary or punitive damages of any type under any circumstances, whether or not such damages may be available under the applicable law, and we both hereby waive our right, if any, to recover any such damages. We both irrevocably waive any objection that we now or hereafter have that any arbitration proceedings have been brought in an inconvenient forum.

OUR TRADEMARKS ARE REGISTERED

The “PathCloud” name and the PathCloud logo are UK registered trademarks, service marks and/or other proprietary marks of PathCloud Ltd. Your use of our sites does not imply the grant of any licence in respect of the use of such marks unless otherwise agreed, and you are not permitted to use them without our approval, unless it is part of material you are using as permitted above.

Website Terms of Use last updated: 20 May 2018